Agenda packet — Santa Monica City Council, January 25, 2022 (part 1 of 2)

City of Santa Monica
City Council Meeting
AGENDA

SUE HIMMELRICH
MAYOR

LANA NEGRETE KRISTIN MCCOWAN

COUNCILMEMBER MAYOR PRO TEM

GLEAM DAVIS PHIL BROCK

COUNCILMEMBER COUNCILMEMBER

CHRISTINE PARRA OSCAR DE LA TORRE

COUNCILMEMBER COUNCILMEMBER

DAVID WHITE

CITY MANAGER

JOSEPH LAWRENCE

INTERIM CITY ATTORNEY

DENISE ANDERSON-WARREN

CITY CLERK

STANDARDS OF BEHAVIOR THAT PROMOTE CIVILITY AT ALL PUBLIC MEETINGS:
• Treat everyone courteously; • Give open-minded consideration to all viewpoints; • Listen to others respectfully • Focus on the issues and avoid personalizing debate; • Exercise self-control • Embrace respectful disagreement and dissent as democratic rights, inherent components of an inclusive public process, and tools for forging sound decisions
Meetings are broadcast live on CityTV cable channel 16, on the internet at santamonica.gov, and can be live streamed at https://www.youtube.com/user/Citytv16santamonica or https://www.smgov.net/video or Toll-Free Dial-In Number 1 (800) 520-9950 (US), PIN 6237678#. Cable television re-broadcasts air on Thursday and Saturday at 11:30 AM. The agenda will air on CityTV on Saturday and Sunday at 11:00 AM and 6:00 PM, and on Monday and Tuesday at 12:30 PM and 6:00 PM.

City of Santa Monica Generated: 1/31/2022 3:34 PM Page 2

RULES OF ORDER FOR THE CONDUCT OF CITY COUNCIL MEETINGS (Resolution No.11172 (CCS))

WAYS TO PROVIDE PUBLIC COMMENT
If you are interested in providing public comment at a City Council meeting, there are several ways to participate:
(1) Written public comment. In lieu of oral public comment, the public is strongly encouraged to submit written public comment on agenda items via email to [email protected]. Written public comment submitted before 2:00 pm on the day of the meeting will be available for online viewing. Please note the agenda item number in the subject line of your written comments. (2) Oral public comment. Additionally, effective January 26, 2021, and until COVID-19 restrictions are lifted, oral public comment on agenda items can be provided remotely. If you want to provide public comment on a particular agenda item, you can call by phone at (310) 312-8173 when the caller queue opens for the agenda item on which you wish to comment. The caller queue for an agenda item will not open until just before the item is called and will then remain open until the first five public comments are heard. Donation of time and electronic presentation materials will not be permitted while meetings are conducted via teleconference.

Oral public comment from any one individual is limited to a total of 6 minutes per City Council meeting, with a maximum of 2 minutes per agenda item; under some circumstances, Council may change the maximum to 1 minute per agenda item.

ORDER OF BUSINESS (may not be changed except by majority vote of the City Council.)

1. Closed Session.

2. Special Agenda Items (City Manager’s Report
Commendations, Presentations, etc.).

3. Consent Calendar (All items considered in one
motion unless removed by a City Councilmember for
discussion. Public comment shall be heard prior
to City Council discussion).

4. Study Session.

5. Continued Items.

6. Administrative Proceedings.

7. Ordinances:
• 1
st Reading
• 2
nd Reading

8. Staff Administrative Item.

9. Public Hearings.

10. Reports of Boards and Commissions.

11. Resolutions.

12. Written Communications (other than
Reports of Commission and Officers).

13. Councilmember Discussion Items.

14. Public Input (members of the public may
address the City Council only on items
not on the agenda, but within the subject
matter jurisdiction of the City)
Agendas and reports are accessible on the City's webpage at smgov.net/council/agendas. They are also available at the City Clerk's Office and in alternate formats upon request. For a free email subscription to the City Council Agendas, please contact the City Clerk’s Office at (310) 458-8211 or [email protected].

Si desea comunicarse con alguien en español, llame a nuestra oficina al (310) 458-8211 y pida hablar con Esterlina Lugo.

City of Santa Monica Generated: 1/31/2022 3:34 PM Page 3

AGENDAS

CITY OF SANTA MONICA

SPECIAL MEETING

VIA TELECONFERENCE PURSUANT TO
ASSEMBLY BILL NO. 361 SIGNED BY,

GOVERNOR GAVIN NEWSOM
TUESDAY, JANUARY 25, 2022
MEETING BEGINS AT 4:30 PM
Pursuant to Assembly Bill No. 361 signed by, Governor Gavin Newsom, the public can only attend this meeting by watching it streaming at https://www.youtube.com/user/Citytv16santamonica or https://www.smgov.net/video or Toll-Free Dial-In Number: 1 (800) 520-9950 (US), PIN 6237678 # WAYS TO PROVIDE REMOTE PUBLIC COMMENT:

Written public comment can be submitted via email to [email protected].

Written comments received prior to 2:00 pm on the day of the meeting will be available online. Please note the agenda item number in the subject line of your written comments.

If you decide you want to speak on a particular agenda item, please call (310) 312-8173 once the caller queue for the agenda item opens. Please note that the caller queue for each agenda item will not open until just before the item is called and will close after the first five public comments are heard.

In an effort to reduce the risk of spreading Coronavirus (COVID-19), only members of the City Council and City Staff will participate in person at City Hall. The meeting will be broadcast on CityTV Channel 16 and streaming on the City’s website and YouTube channel as normal, but individuals may also join the teleconference via other methods listed above.

CALL TO ORDER

PLEDGE OF ALLEGIANCE

ROLL CALL
(This is a special City Council meeting. Public comment is restricted to only items listed on the agenda.)

1. CLOSED SESSIONS
City of Santa Monica Generated: 1/31/2022 3:34 PM Page 4

1.A. Conference with Labor Negotiator: Government Code Section 54957.6 -- Agency Designated Representatives: Chief People Officer Lori Gentles and Adrianna Guzman, Outside Counsel, Liebert Cassidy Whitmore; Bargaining Units: ATA-Administrative Team Associates; IBT-California Teamsters Local 911; FEMA-Santa Monica Fire Executive Management Association; FIRE-Santa Monica Firefighters Local 1109 IAFF; MEA-Municipal Employees Association; AFSCME Local 4819, Management Team Association; PALSSU-Public Attorneys’ Legal Support Staff Union; PAU- Public Attorneys Union; POASanta Monica Police Officer Association; SMART TD-The International Association of Sheet Metal, Air, Rail, and Transportation Division, Local 1785; STA- Supervisory Team Associates; Coalition of Santa Monica City Employees.

1.B. Conference with Legal Counsel – Existing Litigation – Litigation has been initiated formally pursuant to Government Code Section 54956.9(d)(1): Michael Angelos and Lamir McQueen v. City of Santa Monica, Los Angeles Superior Court Case No. BC627227.

1.C. Conference with Legal Counsel – Anticipated Litigation: Anticipate significant exposure to litigation Pursuant to Government Code Section 54956.9(d)(2):

Oceana Hotel - New Item Received 1/21/2022
(Please note that Agenda Items may be reordered during the Council meeting at the discretion of the City Council.)

THE FOLLOWING IS THE ORDER OF BUSINESS FOR ITEMS TO BE HEARD NO EARLIER THAN 6:30 P.M.

2. SPECIAL AGENDA ITEMS

2.A. Proclamation: Celebrating Black History Month

2.B. City Manager Report: Status Update on Citywide Equity and Inclusion Work

3. CONSENT CALENDAR
(All items will be considered and approved in one motion unless removed by a Councilmember for discussion.)

3.A. Award Request for Proposal and enter into Agreement with Back on the Beach Food Co., Inc. for Concessions at the Annenberg Community Beach House Recommended Action
Staff recommends that the City Council:

1. Award RFP# 291 to Back on the Beach Food Co., Inc., a California-based company, for food and beach equipment rental services at the Annenberg Community Beach House at Santa Monica State Beach; and

2. Authorize the City Manager to negotiate and execute an agreement with Back on the Beach Food Co., Inc. for an initial term of ten (10) years with one (1) City of Santa Monica Generated: 1/31/2022 3:34 PM Page 5 option for renewal of five (5) years. The annual minimum rent is $200,000 or 8 percent of gross sales, whichever is higher.

3.B. Award Bid and Enter into Agreement with Coastal Building Services Inc. for Department of Transportation Custodial Services
Recommended Action
Staff recommends that the City Council:

1. Award Bid # 4419 to Coastal Building Services, Inc. to provide custodial services for the Department of Transportation;

2. Authorize the City Manager to negotiate and execute an agreement with Coastal Building Services Inc., in an amount not to exceed $1,377,277, including a $125,207 contingency, over a five-year period, with future year funding contingent on Council budget approval.

3.C. Authorization to Reinstate Enabling Agreement and Execute a Purchase Order with 3 Phases Renewables for Direct Access Electricity for Municipal Facilities Recommended Action
Staff recommends that the City Council Authorize the Procurement Manager to:

1. Amend the term of the enabling agreement with 3 Phases Renewables to procure electricity through Direct Access; and

2. Negotiate and execute a purchase agreement with 3 Phases Renewables to procure power for up to six months, in an amount not to exceed $1.5 million.

3.D. Adoption of a Resolution Accepting and Approving Final Parcel Map No. 74677 for 918 5th Street
Recommended Action
Staff recommends that the City Council adopt the attached resolution accepting and approving Final Parcel Map No. 74677 for a three-unit condominium project located at 918 5th Street.

3.E. Authorization of Contract with Mani Zadeh dba Los Angeles COVID Testing Corporation for COVID Testing and Associated Services for City Employees Recommended Action
Staff recommends that the City Council authorize the City Manager to negotiate and execute an agreement with Mani Zadeh dba Los Angeles COVID Testing Corporation for city-wide, employee COVID testing. This recommended award is made as an exception to the competitive bidding process pursuant to SMMC sections 2.24.250 (i) and 2.24.240, and is for a total amount not to exceed $1,000,000 with future year funding contingent on Council budget approval.

3.F. Approval of Third Modification to Software Maintenance and Support Agreement with Accela, Inc. for the City's Permit and Land Management System - New Item Received 1/21/2022
Recommended Action
Staff recommends that the City Council authorize the City Manager to negotiate and City of Santa Monica Generated: 1/31/2022 3:34 PM Page 6 execute a third modification to agreement #9509 in the amount of $173,888 with Accela, Inc., a California-based company, to provide services for the City’s permit and land management software: Accela Automation, for the Community Development Department. This will result in a thirteen (13) year amended agreement with a new total amount not to exceed $972,029, with future year funding contingent on Council budget approval.

3.G. Adoption of Resolution Accepting and Approving Final Parcel Map for 817 16th Street - New Item Received 1/21/2022
Recommended Action
Staff recommends that the City Council adopt the attached resolution approving Final Parcel Map No. 82701 for a three-unit condominium project located at 817 16th Street.

3.H. City Council - Regular Meeting - Sep 28, 2021 5:30 PM - New Item Received 1/21/2022

3.I. City Council - Special Meeting - Jan 12, 2022 5:30 PM - New Item Received 1/21/2022

3.J. City Council - Special Meeting - Jan 19, 2022 5:30 PM - New Item Received 1/21/2022

4. STUDY SESSION
No items

5. CONTINUED ITEMS
No items

6. ADMINISTRATIVE PROCEEDINGS
No items

7. ORDINANCES
(Public comment is permitted on ordinances for introduction and first reading. No public discussion is permitted on ordinances for second reading and adoption.)

7.A. Introduction and Adoption of Emergency Interim Zoning Ordinance and Emergency Ordinance to Extend Permitting Timelines
Recommended Action
Staff recommends that the City Council:

1. Introduce and adopt an emergency Interim Zoning Ordinance to extend deadlines to exercise and continuously pursue the rights granted under planning entitlements, permits and approvals issued and still active as of March 13, 2020, or issued between March 13, 2020 and December 31, 2022 or for which applications were received between March 13, 2020 and City of Santa Monica Generated: 1/31/2022 3:34 PM Page 7 December 21, 2022 under the Zoning Ordinance, Chapters 9.01 to 9.52 of the Santa Monica Municipal Code (“SMMC”), by two years; and allow planning entitlements, permits and approvals issued and still active as of March 13, 2020, or issued between March 13, 2020 and December 31, 2022 to request a First Time Extension or Other Extension pursuant to SMMC Section

9.37.090(C)(1) and 9.37.090(C)(2) at any time at least 30 days prior to the expiration of the permit under Article IX of the Santa Monica Municipal Code

2. Introduce and adopt an emergency ordinance amending SMMC 8.08.070 to extend deadlines for expiration of building permits, plan reviews and related approvals issued and still active as of March 13, 2020, issued between March 13, 2020 and December 31, 2022, or for which complete applications have been received between March 13, 2020 and December 31, 2022 by two years; and amending SMMC Chapter 9.56, the Landmarks Ordinance, to extend certain public hearing deadlines for applications for Structure of Merit and Landmark designations and for Certificates of Appropriateness, and to extend deadlines for Certificates of Appropriateness that by two years.

7.B. Introduction and Adoption of an Emergency Interim Ordinance Amending Interim Zoning Regulations Established by Emergency Interim Zoning Ordinance Number 2636 (CCS) and Extended and Amended by Emergency Interim Zoning Ordinance Numbers 2658, 2667 and 2682 (CCS) for Economic Recovery of the BC (Promenade) District and Those Portions of the BC (2nd and 4th Street) District Bounded by Second Street to the West, Broadway to the South, 4th Street to the East, and Wilshire Boulevard to the North to Increase Flexibility for Automobile/Vehicle Showrooms. - New Item Received 1/21/2022
Recommended Action
Staff recommends that the City Council:

1. Introduce and adopt an Emergency Interim Ordinance amending interim zoning regulations established by Emergency Interim Zoning Ordinance Number 2636 (CCS) and extended and amended by Emergency Interim Zoning Ordinance Numbers 2658, 2667 and 2682 (CCS) for economic recovery and increased occupancy in the City’s BC (Promenade) District and those portions of the BC (2nd and 4th Street) District Bounded by Second Street to the West, Broadway to the South, 4th Street to the East, and Wilshire Boulevard to the North by allowing automobile/vehicle showrooms of all fuel types.

7.C. Introduction for First Reading of an Ordinance to Amend Santa Monica Municipal Code Section 4.85.010 to define ‘lobbying activity’ and add Section

4.85.015 to prohibit any individual from serving on a City board, commission, task force, or advisory board if that individual is currently registered as a lobbyist in the City of Santa Monica or registered as a lobbyist in the two years prior to appointment - Item removed at the request of staff 1/24/2022.

Recommended Action
Staff recommends that Council introduce for first reading the attached ordinance, which does the following:

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1. Amends Santa Monica Municipal Code Section 4.85.010 to define ‘lobbying activity’ and

2. Creates Section 4.85.015 to prohibit any individual from serving on a City board, commission, task force, or advisory board if that individual is currently registered as a lobbyist in the City of Santa Monica or registered as a lobbyist in the two years prior to appointment.

7.D. Introduction and First Reading of an Ordinance amending Section 2.64.020 of Chapter 2.64 to the SMMC reducing the membership of the Arts Commission from 11 Commissioners to 9 Commissioners
Recommended Action
Staff recommends that the City Council introduce for first reading an Ordinance amending Section 2.64.020 of Chapter 2.64 to the SMMC reducing the membership of the Arts Commission from 11 Commissioners to 9 Commissioners.

7.E. Introduction and Adoption of an Emergency Interim Zoning Ordinance to Extend Interim Zoning Regulations Established by Emergency Interim Zoning Ordinance 2593 (CCS), Extended by Emergency Interim Zoning Ordinances 2599 (CCS) and 2626 (CCS), and Amended by Emergency Interim Zoning Ordinance 2643 (CCS) Revising the Demolition Permit Review Process Relating to the Preservation of Historic Resources
Recommended Action
Staff recommends that the City Council introduce and adopt an emergency Interim Zoning Ordinance to extend interim zoning regulations for the demolition permit review process relating to the preservation of historic resources.

7.F. Introduction and Adoption of an Emergency Interim Zoning Ordinance to Extend Interim Zoning Regulations Established by Emergency Interim Zoning Ordinance 2633 and Extended by 2645 Amending Santa Monica Municipal Code Chapter 9.39 and Section 9.40.20 to Increase Thresholds for Review of One Hundred Percent Affordable Housing Projects and Housing Projects Subject to the Housing Accountability Act by Administrative Approval - New Item Received 1/21/2022
Recommended Action
Staff recommends that the City Council introduce and adopt an emergency Interim Zoning Ordinance to extend interim regulations authorizing 100% affordable housing projects and Tier 2 housing projects subject to the Housing Accountability Act to be reviewed through an Administrative Approval process.

8. STAFF ADMINISTRATIVE ITEMS
No items

9. PUBLIC HEARINGS
No items
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10. REPORTS OF BOARDS AND COMMISSIONS
No items

11. RESOLUTIONS
No items

12. WRITTEN COMMUNICATIONS
No items

13. COUNCILMEMBER DISCUSSION ITEMS

13.A. Confirmation and appointment of Paul Winnemore as the joint selection of the Santa Monica Police Chief and the Santa Monica Police Officers Association as the ex officio and non voting member to the Public Safety Reform and Oversight Commission - New Item Received 1/21/2022

14. PUBLIC INPUT
(Public comment is permitted only on items not on the agenda that are within the subject matter jurisdiction of the City. State law prohibits the City Council from taking any action on items not listed on the agenda, including issues raised under this agenda item.) . Written Public Input

ADJOURNMENT
Agendas and reports are accessible on the City's webpage at www.smgov.net/council/agendas. They are also available at the City Clerk's Office and in alternate formats upon request. For a free email subscription to the City Council Agendas, please contact the City Clerk’s Office at (310) 458-8211 or [email protected].

Members of the public unable to attend a meeting but wishing to comment on an item(s) listed on the agenda may submit written comments prior to the meeting by meeting by mailing them to: City Clerk, 1685 Main Street, Santa Monica, CA 90401 or to [email protected]. Written comments received from the public by 2 PM on the day of the City Council meeting will be distributed to the City Council prior to the meeting and posted online.

City Hall and the Council Chamber are wheelchair accessible. If you require any special disability related accommodations (i.e. sign language interpreting, access to an amplified sound system, etc.), please contact the City Clerk’s Office at (310) 458-8211 or TDD: (310) 917-6626 at least 3 days prior to the scheduled meeting.

Si desea comunicarse con alguien en español, llame a nuestra oficina al (310) 458-8211 y pida hablar con Esterlina Lugo.

City of Santa Monica Generated: 1/31/2022 3:34 PM Page 10 Santa Monica Blue Bus Lines #2, #3, #5, #9 and the EXPO Line serve City Hall. Parking is available on Main Street, on Olympic Drive, and in the Civic Center Parking Structure (validation free).

City Council Report
City Council Meeting: January 25, 2022
Agenda Item: 1.A
1 of 1
To: Mayor and City Council
From: Joseph Lawrence, Interim City Attorney, City Attorney's Office, Administration Subject: Conference with Labor Negotiator: Government Code Section 54957.6 -- Agency Designated Representatives: Chief People Officer Lori Gentles and Adrianna Guzman, Outside Counsel, Liebert Cassidy Whitmore; Bargaining Units: ATA-Administrative Team Associates; IBT-California Teamsters Local 911; FEMA-Santa Monica Fire Executive Management Association; FIRESanta Monica Firefighters Local 1109 IAFF; MEA-Municipal Employees Association; AFSCME Local 4819, Management Team Association; PALSSUPublic Attorneys’ Legal Support Staff Union; PAU- Public Attorneys Union; POA-Santa Monica Police Officer Association; SMART TD-The International Association of Sheet Metal, Air, Rail, and Transportation Division, Local 1785; STA- Supervisory Team Associates; Coalition of Santa Monica City Employees.

Prepared By: Bradley Michaud, Legal Operations Coordinator Approved Forwarded to Council

1.A
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City Council Report
City Council Meeting: January 25, 2022
Agenda Item: 2.A
1 of 1
To: Mayor and City Council
From: Denise Anderson-Warren, City Clerk, Special Agenda Items Subject: Proclamation: Celebrating Black History Month
Prepared By: Stephanie Venegas, Council Office & Legislative Affairs Liaison Approved Forwarded to Council

2.A
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City Council Report
City Council Meeting: January 25, 2022
Agenda Item: 2.B
1 of 1
To: Mayor and City Council
From: Denise Anderson-Warren, City Clerk, Special Agenda Items Subject: City Manager Report: Status Update on Citywide Equity and Inclusion Work Prepared By: Christopher Smith, Assistant to the City Manager Approved Forwarded to Council

2.B
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City Council Report
City Council Meeting: January 25, 2022
Agenda Item: 3.A
1 of 5
To: Mayor and City Council
From: Andy Agle, Director, Community Services Department, Cultural Affairs Subject: Award Request for Proposal and enter into Agreement with Back on the Beach Food Co., Inc. for Concessions at the Annenberg Community Beach House
Recommended Action
Staff recommends that the City Council:

1. Award RFP# 291 to Back on the Beach Food Co., Inc., a California-based company, for food and beach equipment rental services at the Annenberg Community Beach House at Santa Monica State Beach; and

2. Authorize the City Manager to negotiate and execute an agreement with Back on the Beach Food Co., Inc. for an initial term of ten (10) years with one (1) option for renewal of five (5) years. The annual minimum rent is $200,000 or 8 percent of gross sales, whichever is higher.

Summary
Back on the Beach Food Co., Inc. (Back on the Beach) has operated Back on the Beach Café since January 1989. In 2008, Back on the Beach was awarded a ten-year lease through a competitive process. Since that time, Back on the Beach has been responsible for developing, operating, and providing food and beach equipment rental services to visitors of the Annenberg Community Beach House. Since 2018, Back on the Beach has operated under the hold-over terms of the lease agreement until a new Request for Proposals (RFP) process could be completed. Due to the delay in receiving State authorization and then by the COVID pandemic, the RFP process was completed in 2021.

3.A
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Staff recommends Back on the Beach as the best qualified firm for beach café and equipment rental concession beginning in March 2022 through February 2032, with an option to extend for an additional five years. The minimum total revenue for ten years with a three percent annual Consumer Price Index (CPI) increase is estimated at $2,515,579.

Discussion
Since 1989, the existing restaurant at 445 Pacific Coast Highway, known as Back on the Beach Café, has provided year-round, daily indoor and outdoor food service. In addition, Back on the Beach equips and maintains beach-related equipment for rent such as chairs, umbrellas, boogie boards, and various sundries that provide for the health, enjoyment, and convenience of Annenberg Community Beach House (Beach House) visitors.

The proposed ten (10) year concession agreement with one (1) option to renew the agreement for five (5) years would provide for the operation of food and beachequipment rental services at the Beach House. The intent of the concession agreement is to provide the public with high-quality, reasonably priced food service, as well as the sale or rental of beach-related equipment and items in a manner and atmosphere that enhances the visitor’s experience at Santa Monica State Beach.

Managed by the original owners, Frederick Deni and James Christel, the restaurant is fully licensed and approved by the Los Angeles County Health Department, City of Santa Monica, and California Alcoholic Beverage Control Board (ABC). Through a permit approved by ABC and the Planning Commission in 2012, Back on the Beach was able to expand its ability to serve beer and wine in its existing outdoor dining area.

To meet ABC requirements, a custom-designed 42-inch fence was added to delineate the perimeter of the outdoor dining area.

The City’s current agreement with Back on the Beach to operate Beach House concessions expired on December 1, 2018. Under the terms of the Operating Agreement, State Parks must approve the issuance of a Request for Proposal (RFP), which was initially delayed by the State’s extended process and then by the pandemic.

3.A
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Back on the Beach has been on a month-to-month lease pursuant to the holdover provision of the agreement, pending the completion of the RFP process. The RFP was released in September 2021 and closed in October 2021. Two proposals were received.

Vendor Selection
Bidder Recommendation
Best Qualified Person or
Firm
Back on the Beach Food Co., Inc.

Evaluation Criteria Training, credentials and experience of the person or firm; demonstrated competence, ability, capacity and skill of the person or firm to perform the contract or provide the service promptly, within the time specified, and without delay; capacity of the person or firm to perform the contract or provide the service promptly, within the time specified, and without delay; sufficiency of the person’s or firm’s financial and other resources; character, integrity, reputation and judgment of the person or firm; price which the person or firm proposes to charge, including whether the price is fair, reasonable and competitive.

Municipal Code SMMC 2.24.190
Bid Data
Date Posted Posted On
Advertise In
(City Charter & SMMC)
Vendors
Downloaded Date Publicly Opened
09/20/2021 City's Online
Bidding Site
Santa Monica Daily
Press
18 10/18/2021
Best Qualified Person or Firm Justification
Staff from the Community Services and Community Development Departments reviewed both proposals and evaluated them based on experience with projects of comparable complexity, qualifications of key personnel, financial resources and ability to finance tenant improvements and operations as proposed, project understanding and approach, compatibility of proposed operations with surrounding uses and local community, rental bid, and overall quality and thoroughness of proposal. The evaluation committee unanimously recommended Back on the Beach as the best fit for the Beach House in Submittals Received
Back on the Beach Food Co., Inc. Made by Meg Catering

3.A
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terms of experience, stability and familiarity with the Santa Monica market. The other proposer, Made by Meg Catering, is an enterprise relatively new as a full-service operator, with their experience focusing mainly on catering private events.

Back on the Beach demonstrated its continued ability to provide concessionaire services at the Beach House. Their years of extensive experience in the industry, working successfully as partners with the City and Beach House staff, are clearly conveyed in the thoroughness of their proposal and operations plan. Their management is actively engaged in the Santa Monica community and supports a large number of nonprofits and community organizations involved in environmental stewardship, youth development, and human rights. Their proposal included all the RFP required documents and included positive references from various community members they have worked with over the years, highlighting their hospitality and service to the visitors of Santa Monica, and their contributions to the Santa Monica community. They continuously adopted new technology to improve customer service and rose to the challenges and new protocols brought about by the pandemic.

Lease Terms
Staff recommends award to Back on the Beach for a ten-year (10) term with one (1) five-year option. The annual rent requirement is the greater of eight percent of gross sales or $200,000 base rent, with the base rent subject to an annual Consumer Price Index (CPI) escalation. The proposed new rent requirement is different from the current lease terms of ten percent of gross sales with a minimum annual rent of $100,000. In preparing the RFP, staff sought the services of financial consultants Allan D. Kotin & Associates (ADK&A) regarding appropriate financial terms, particularly given changes in the restaurant market, including significant increases in labor costs. On behalf of the City, ADK&A completed an evaluation of lease terms for beach-adjacent food and related services in Southern California. ADK&A concluded that reducing the percentage rent by two percentage points would make the opportunity competitive for prospective restaurants, while doubling the guaranteed base rent would ensure that the City is appropriately compensated.

3.A
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If awarded the new ten-year lease, Back on the Beach would invest $300,000 to include replacement of the roof, exhaust fans and coolers, exterior doors and windows, and walk-in cooler; addition of a retractable fabric canopy; and renovation of the dining room floors. The improvements would be scheduled over a three-year period with minimal impact on café and Beach House operations, and in compliance with applicable permits and approvals.

Financial Impacts and Budget Actions
Staff seeks authority to award a contract with Back on the Beach Food Co. Inc. for operation of food and beach equipment rental services at the Annenberg Community Beach House, with a minimum annual rent of $200,000 or eight percent (8%) of gross sales, whichever is greater. The FY 2021-23 Budget includes $200,000 each year in revenue from the lease.

Prepared By: Joyce Perez, Sr. Administrative Analyst
Approved Forwarded to Council
Attachments:

A. Back on the Beach Oaks-111821

3.A
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3.A.a
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Attachment: Back on the Beach Oaks-111821 (4863 : ACBH Concessions Award) City Council Report
City Council Meeting: January 25, 2022
Agenda Item: 3.B
1 of 4
To: Mayor and City Council
From: Edward F King, Director, Department of Transportation, Transit Maintenance Subject: Award Bid and Enter into Agreement with Coastal Building Services Inc. for Department of Transportation Custodial Services
Recommended Action
Staff recommends that the City Council:

1. Award Bid # 4419 to Coastal Building Services, Inc. to provide custodial services for the Department of Transportation;

Executive Summary
The Big Blue Bus (BBB) Division of the Santa Monica Department of Transportation (DOT) operates 24 hours a day, seven days per week with a campus that includes its operations/administrative building, maintenance buildings (maintenance shop, offices, and training facility) and fuel and wash facility. Each of these buildings require ongoing custodial services which includes daily cleaning in all offices, restrooms, breakrooms, and public space areas.

Because of the industrial nature of BBB and the volume of employees within the facilities, ongoing detailed cleaning is required to maintain sanitary and safe working conditions. In addition, cleaning standards for all facilities have been updated since the beginning of the pandemic to ensure that all facilities are sanitized and safe. Staff recommends that Bid #4419 be awarded to Coastal Building Services and that an agreement be negotiated and executed for custodial services at the Department of

3.B
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Transportation’s facilities for a five-year period with the total five-year contract amount not to exceed $1,377,277 which includes a 10% contingency and a 2% cost escalator.

Discussion
The DOT’s bus facility includes 95,000 square feet across three buildings that see high foot traffic and industrial use. The facility’s heavy use requires consistent detail cleaning on an ongoing weekly and monthly basis. The custodial services currently provided include regular cleaning and disinfecting of all offices, restrooms, breakrooms, and public high-touch spaces. In addition, the vendor must clean several types of flooring that require consistent care using special equipment. This contract would ensure that working conditions at BBB’s facilities remain clean and sanitary and that no slip hazards arise from material spills or lack of cleaning. The vendor would be responsible for providing qualified personnel trained in best practices for custodial services.

BBB has historically contracted custodial services due to the need for cleaning equipment and supplies, storage space, and workforce flexibility operating a 24 hour a day, 7 day a week service 365 days per year. The “Contract and As-Needed Staffing Review Policy, Practice, Recommendations” report approved by Council on January 13th, 2015 recommends that custodial and building maintenance services be contracted out. Bid #4419 requires the vendor to provide all equipment needed to deliver the contracted services, saving the City costs associated with the purchase and storage of equipment.

In addition to these cost savings, the nature of the custodial work needed requires a large employee pool that works both days and evenings and includes the requisite supervision during work hours. Custodial staff is regularly on site in two buildings and the fuel wash facilities from 6:00AM-2:30PM daily, and from 6:00PM-2:00AM daily. The alternative to awarding this bid would be to perform all custodial services in-house, which would require four additional full-time employees with an anticipated annual expenditure of $344,600 in addition to the purchase and storage of custodial and detail cleaning equipment. Based on the added cost of bringing this service in-house, staff recommend award of bid #4419 to Coastal Building Services.

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Vendor/Consultant Selection
Bidder Recommendation
Best Bidder Coastal Building Services, Inc.

Evaluation Criteria
Bid evaluated on basis of price, quality of services offered, ability to perform all services, bidder experience and
demonstrated ability to provide 24/7 service to the Department of Transportation
Municipal Code SMMC 2.24.180
Submittals Received
Uniserve $ 1,367,173
Coastal Building Services, Inc. $ 1,377,277
Ultimate Maintenance Services, Inc. $ 1,504,635
Olympos Painting, Inc. $ 2,895,321
Bid Data
Date
Posted Posted On
Advertised in
(City Charter & SMMC)
Vendors
Downloaded
Date Publicly
Opened
10/19/2021 ProcureNow Santa Monica Daily Press 21 11/5/2021 Best Bidder Justification
Bids were evaluated based on the criteria in SMMC 2.24.180 including price, ability to provide the services according to City specifications included in the bid, experience, reputation, and training of the bidder. Although Coastal Building Services is not the lowest bidder, they are within 1% of the lowest bidder.

Additionally, they have a positive history providing this service with no complaints regarding their workmanship. Their staff has been accommodating of requests for additional disinfecting procedures resulting from the COVID-19 pandemic and have also been respectful of staff working on site when performing their duties.

Financial Impacts and Budget Actions
Staff seeks authority to approve funding from the BBB fund to award a contract with Coastal Building Services to provide custodial services at the DOT’s Big Blue Bus facilities. Funds in the amount of $120,298 are available in the DOT’s operating fund for

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the last six months of fiscal year 2021-2022 with future year funding contingent on Council budget approval.

Contract/Agreement/Purchase Order Request
FY 2021-22 Budget Department/CIP Account
#
Total Contract Amount
Request Amount
$120,298 60600011.550016 $1,377,277
Prepared By: David Nanjo, Administrative Analyst
Approved Forwarded to Council
Attachments:

A. Coastal 2021 Oaks form (1)

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Attachment: Coastal 2021 Oaks form (1) (4868 : Award Custodial Services Bid)

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Attachment: Coastal 2021 Oaks form (1) (4868 : Award Custodial Services Bid) City Council Report
City Council Meeting: January 25, 2022
Agenda Item: 3.C
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To: Mayor and City Council
From: Rick Valte, Public Works Director, Public Works, Office of Sustainability & the Environment
Subject: Authorization to Reinstate Enabling Agreement and Execute a Purchase Order with 3 Phases Renewables for Direct Access Electricity for Municipal Facilities
Recommended Action
Staff recommends that the City Council Authorize the Procurement Manager to:

1. Amend the term of the enabling agreement with 3 Phases Renewables to procure electricity through Direct Access; and

2. Negotiate and execute a purchase agreement with 3 Phases Renewables to procure power for up to six months, in an amount not to exceed $1.5 million.

Summary
The City of Santa Monica purchases 100% green power for City-owned electricity accounts through a Direct Access power agreement. Direct Access allows the City to purchase electricity from a third party while paying Southern California Edison (“SCE”) for transmitting the electricity to City facilities. Under Direct Access, the City can negotiate power rates directly with certain service providers. The City has procured power through direct access agreements since 1999 to transition to renewable energy and realize savings on electricity costs. The current power pricing for City-owned accounts will expire on July 1, 2022.

The City negotiated its current pricing through 3 Phases Renewables, a Direct Access electricity service provider. Staff now seeks to amend the agreement with 3 Phases Renewables to extend the agreement for an additional six months until January 1, 2023.

This would enable staff to negotiate a short-term supply contract and provide time to

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issue a new request for proposals from additional electricity service providers.

This agreement only negotiates rates for City-owned electricity accounts. Participation in the Direct Access program has no effect on rates set by Southern California Edison or Clean Power Alliance customers.

Discussion
The City manages 570 different municipal accounts through the Direct Access power agreement across all City facilities, including City buildings, parks, streetlights, utilities, maintenance yards, and other facilities. Since 1999, maintaining enrollment in Direct Access has enabled the City to save millions of dollars and avoid approximately 118,322 metric tons of carbon dioxide emissions from electricity generation, making it one of the City’s most impactful sustainability policies.

The City currently has a two-year Direct Access Purchase Agreement with 3 Phases Renewables for renewable electricity at a flat rate of $0.0692 per kilowatt hour (kWh).

For comparison, the average price of renewable electricity from the Clean Power Alliance is $0.108 per kWh. Multiply that savings by the quantity of kWhs the City typically consumes annually via Direct Access (21 million kWh) and the total savings the City has received over the term of the existing two-year contract is approximately $1.6 million.

Based on energy market conditions and indicative pricing from Electricity Service Providers, staff anticipates the cost per kWh would be higher in the second half of 2022, in the range of $0.12 to $0.14 per kWh resulting in an estimated six-month cost of up to $1.5 million for electricity. The City’s approach is to only procure a six-month contract until the winter months (Q4 of 2022) when staff can negotiate for 12, 24, or 36-month terms. An energy contract that starts and ends in winter months is expected to result in lower rates and a long-term contract hedges against volatility. Savings from Direct Access cannot be guaranteed due to the volatility of the energy market, but this approach is expected to mitigate utility rate increases paid by the City over time.

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Vendor Selection
On October 20, 2014, the City published a request for qualifications (RFQ) to furnish and deliver electricity as a commodity via Direct Access as required by the Office of Sustainability and the Environment, which is responsible for ensuring the City's electricity is sourced from 100% renewable energy sources. The RFQ was posted on the City's online bidding site, and notices were sent directly to State-authorized electricity service providers in accordance with City Charter and Municipal Code provisions. A total of 22 vendors were notified and 15 vendors downloaded the bid.

Three statements of qualifications were received and evaluated based on the criteria in SMMC 2.24.072, including price, previous experience, capacity and skill, ability to deliver, quality of product, and compliance with City specifications and scope of work.

Based on these criteria, 3 Phases Renewables was the only responsive vendor that executed an enabling agreement with the City. The Enabling Agreements do not contain any pricing or cost but allow the City to proceed in completing a purchase agreement that establishes power costs for participating City electricity accounts. The Enabling

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Agreement with 3 Phases Renewables expired on September 1, 2020 after the City secured power rates through July 1, 2022.

With Council approval, the City would extend the term of the Enabling Agreement with 3 Phases Renewables until January 1, 2023. This would enable staff to seek the best possible price for Direct Access electricity generated from renewable sources for the six month period between July 1, 2022 and January 1, 2023. Concurrently, staff would publish a new RFQ to select a short-list of prequalified Direct Access Electricity Service Providers to seek new pricing in Q4 of 2022 for a 12, 24, or 36-month term.

Past Council Actions
Meeting Date Description
02/24/2015 City Council authorized the City Manager to approve enabling agreements with a pre-qualified list of electricity service providers and to negotiate and execute power
purchase agreements for municipal facilities.

Financial Impacts and Budget Actions
Staff seeks authority to approve available funding from various funds to increase the amount of the agreement with 3 Phases Renewables. Future year funding is contingent on Council budget approval.

Agreement Modification Request
Agreement #
Current Authorized
Amount Not to
Exceed
FY 2021-22 Budget
Modified Request
Amount
Dept/CIP Account # Total Revised
Contract Amount
10157 $15 million $1.5 million Various $16.5 million

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Prepared By: Drew Johnstone, Sr. Sustainability Analyst Approved Forwarded to Council
Attachments:

A. February 24, 2015 Staff Report
B. 3PR Oaks Initiative Form
C. 3Phases Enabling Agreement-Santa Monica 070115-executed

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10/18/21, 2:13 PM Procure Electricity through Direct Access - City of Santa Monica https://www.smgov.net/departments/council/agendas/2015/20150224/s2015022403-H.htm 1/5 City Council Report
City Council Meeting: February 24, 2015
Agenda Item: 3-H
To: Mayor and City Council
From: Dean Kubani, Sustainability Manager
Subject: Execute enabling agreements to procure electricity through Direct Access
Recommended Action
Staff recommends that the City Council authorize the City Manager to:

1. Approve enabling agreements with 3 Phases Renewables, a California-based company; Constellation NewEnergy Inc, a California-based company; and Shell Energy North America, a California-based company, to be a part of the prequalified list of vendors to procure electricity through Direct Access.

2. Select the best bidder from the pre-qualified list on an annual basis and negotiate and execute a purchase agreement with that vendor in order to procure power for that year, based on the best bid. This could be the same vendor each year, or another pre-qualified vendor, depending on the bids received.

3. Negotiate and execute a purchase agreement with one of the vendors on the prequalified list on an annual basis: 3 Phases Renewables, a California-based company; Constellation NewEnergy Inc, a California-based company; or Shell Energy North America, a California-based company, in an amount not to exceed $3 million for one year, with four additional one-year renewal options in the amount of $3 million, for a total amount not to exceed $15 million over a five-year period with future year funding contingent on Council budget approval.

Executive Summary
Consumption of electricity generates pollution and greenhouse gases from the burning of fossil fuels, whereas energy from renewable resources like solar, wind, small hydroelectric, geothermal and biomass, generates significantly less by comparison. Conventional grid-tied electricity from Southern California Edison (SCE) provides an energy portfolio with a limited percentage of electricity generated from renewable resources. In 2013, a majority of SCE’s power was sourced from natural gas, nuclear, coal and large hydroelectric, with 22% coming from eligible renewable sources. Procurement of electricity via Direct Access has allowed the City to source 100% of its electricity from renewable sources. At the direction of City Council, and consistent with the goals established in the Sustainable City Plan, Santa Monica has been purchasing 100% green power since 1999.

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Attachment: February 24, 2015 Staff Report (4873 : Reinstate Enabling Agreement with 3 Phases Renewables for Direct Access Electricity) 10/18/21, 2:13 PM Procure Electricity through Direct Access - City of Santa Monica https://www.smgov.net/departments/council/agendas/2015/20150224/s2015022403-H.htm 2/5 Historical procurement requirements limited the City’s ability to maintain long-term contracts with vendors and procure electricity at time-sensitive rates. The current contract with Commerce Energy is set to expire May 31, 2015. In anticipation of this, and to improve the procurement process in the future, staff is seeking to establish a pre-qualified list of vendors from which pricing can be solicited on an annual basis over the next five years. By maintaining a contractual relationship with prequalified vendors and bidding electricity rates annually, the City can save time and money in the process of procuring green power.

A formal qualification process for Energy Service Providers was completed on December 12, 2014. This process yielded a short list of Energy Service Providers that staff recommends Council approve to enable the City to seek the best price for green power annually from the established list.

Background
Santa Monica has been a Direct Access electricity customer since Council authorized such an arrangement on February 23, 1999. Direct Access status allows the City to purchase electricity from a third party while paying Southern California Edison (SCE) for transmitting the electricity to City facilities. Generation charges make up roughly half of the total electric bill for City facilities with transmission charges making up the other half.

Renewable Energy Certificates (RECs) are purchased on behalf of the City and are certified by Green-e to verify the source of supply. RECs can be purchased for electricity that is generated via solar, wind, biomass and small hydroelectric plants.

Green power, provided in this manner, is an important component of the City’s sustainability efforts.

The City currently has a Direct Access contract with Commerce Energy for renewable electricity. On November 9, 2010, Council awarded Bid # 9292 to Commerce Energy at a rate of $0.0665 per kilowatt hour (kWh) for accounts contracted October 1, 2010 through September 30, 2012, and $0.0700 (kWh) for new accounts switched to Direct Access under SB 695, to provide renewable electricity for municipal facilities for a two year term through May 31, 2013. SB 695 enabled existing Direct Access customers, including the City of Santa Monica, to enroll accounts that had been activated since the suspension of Direct Access enrollment in 2001.

On October 2, 2012, Council authorized the first modification of the contract with Commerce Energy in order to procure power as a Direct Access customer. The agreement extended the term and reduced the price of power from $0.0665 to

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Attachment: February 24, 2015 Staff Report (4873 : Reinstate Enabling Agreement with 3 Phases Renewables for Direct Access Electricity) 10/18/21, 2:13 PM Procure Electricity through Direct Access - City of Santa Monica https://www.smgov.net/departments/council/agendas/2015/20150224/s2015022403-H.htm 3/5 $0.0602 per kWh and from $0.0700 to $0.0661 per kWh for the accounts added in 2012 through May 31, 2014. On May 13, 2014, Council authorized the second modification of the contract with Commerce Energy in order to again procure power as a Direct Access customer. The agreement extended the term and established a single rate across all accounts at $0.0705 per kWh through May 31, 2015.

Staff compared rates paid to Commerce Energy versus the weighted average rate for SCE for power used in 2013. Table 1 below highlights the rates from each source as well as the estimated savings achieved through the purchase of energy as a Direct Access customer.

Table 1. 2013 Energy Rate Comparison
Usage Rates Savings Direct Access SCE
Approximately
25,000,000
kWh
$0.0602-$0.0661/kWh $0.0887/kWh
Estimated
Annual Cost
(usage x rate)
$1,505,000-$1,652,500 $2,217,500 $565,000-$712,500
As illustrated in Table 1: 2013 Energy Rate Comparison, the City used approximately 25 megawatt hours or 25 million kWh in 2013. The weighted average SCE rate for that period was $0.0887/kWh and the Direct Access rate ranged between $0.0602 and $0.0661/kWh. Purchasing power using the Direct Access model saved the City between $565,000 and $712,500 in 2013.

Discussion
Procuring green power via Direct Access helps the City meet its commitment to sustainability and reducing greenhouse gas emissions related to municipal operations.

Additionally, Direct Access has enabled the City to save money by procuring green power at rates that are less expensive than conventional electricity provided by SCE.

Approval of 3 Phases Renewables, Constellation NewEnergy Inc, and Shell Energy North America to be a part of the pre-qualified list of vendors for Direct Access electricity supply would allow the City to negotiate and execute enabling agreements

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Attachment: February 24, 2015 Staff Report (4873 : Reinstate Enabling Agreement with 3 Phases Renewables for Direct Access Electricity) 10/18/21, 2:13 PM Procure Electricity through Direct Access - City of Santa Monica https://www.smgov.net/departments/council/agendas/2015/20150224/s2015022403-H.htm 4/5 with each of the vendors. The enabling agreement does not contain any pricing or cost, but would allow the City to proceed in completing a purchase agreement.

Staff would annually request pricing for electricity from renewable resources from these vendors and select the best bid. The annual purchase agreement in the first year is expected to be less than $2 million. Energy prices fluctuate daily in an open market, so staff recommends giving the City Manager authority to negotiate and execute the purchase agreement in an amount not to exceed $3 million to allow for volatility in market pricing and possible changes in energy use in City facilities. Each year, staff would negotiate and execute a purchase agreement with the selected vendor in an amount not to exceed $3 million for one year for a total amount not to exceed $15 million over a five-year period.

Vendor/Consultant Selection
On October 20, 2014, the City published a Request for Qualifications (RFQ) to furnish and deliver electricity as a commodity via Direct Access as required by the Office of Sustainability and the Environment, which is responsible for ensuring the City's electricity is sourced from 100% renewable energy sources. The RFQ was posted on the City's on-line bidding site, and notices were sent directly to State-authorized Energy Service Providers in accordance with City Charter and Municipal Code provisions. Twenty-two vendors were notified, 15 vendors downloaded the bid. Three statements of qualifications were received and publicly opened on December 5, 2014. Statements were evaluated based on the criteria in SMMC 2.24.072, including price, previous experience, capacity and skill, ability to deliver, quality of product, and compliance with City specifications and scope of work. Based on these criteria, three vendors - 3 Phases Renewables, Shell Energy and Constellation Energy - are recommended as best bidders to be on the pre-qualified list to provide electricity via Direct Access procurement due to their experience in selling the desired products, flexibility in meeting customers' needs, diversity and strength of energy portfolios, financial stability and references.

Next Steps
With Council approval, the City would enter into enabling agreements with each of the three companies on the pre-qualified list of vendors for Direct Access electricity supply. Before May 31, 2015, staff would seek the best possible price for electricity generated from renewable resources for one year from the pre-qualified list of

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Attachment: February 24, 2015 Staff Report (4873 : Reinstate Enabling Agreement with 3 Phases Renewables for Direct Access Electricity) 10/18/21, 2:13 PM Procure Electricity through Direct Access - City of Santa Monica https://www.smgov.net/departments/council/agendas/2015/20150224/s2015022403-H.htm 5/5 vendors. Staff would select the best bid and proceed to enter into a purchase agreement with the selected vendor. This process would be repeated each year for the following four years to identify the best available pricing for energy for the upcoming year from this list of vendors and establish a new purchase agreement with that vendor in order to purchase power for that year. This could be the same vendor each year or another pre-qualified vendor, depending on the proposals received.

Financial Impacts & Budget Actions
There is no immediate financial impact or budget action necessary as a result of the recommended action. The purchase agreement to be executed before May 31, 2015 is expected to be less than $2 million per year. Funds are included in departments’ existing budgets in various accounts for electricity charges. Energy prices fluctuate daily in an open market, so staff recommends giving the City Manager authority to negotiate and execute one purchase agreement each year in an amount not to exceed $3 million to allow for volatility in market pricing and possible changes in energy use in City facilities. Budget authority for subsequent years will be requested in each budget cycle for Council approval. Staff will return to Council if specific budget actions are required in the future.

Prepared by: Garrett Wong, Acting Sustainability Analyst Approved: Forwarded to Council:

Dean Kubani
Sustainability Manager
Elaine Polachek
Interim City Manager
Attachments:
· Direct Access Scoresheet

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Attachment: February 24, 2015 Staff Report (4873 : Reinstate Enabling Agreement with 3 Phases Renewables for Direct Access Electricity)

CITY OF SANTA MONICA

OAKS INITIATIVE NOTICE

NOTICE TO APPLICANTS, BIDDERS, PROPOSERS

AND OTHERS SEEKING DISCRETIONARY PERMITS, CONTRACTS,

OR OTHER BENEFITS FROM THE CITY OF SANTA MONICA
Santa Monica’s voters adopted a City Charter amendment commonly known as the Oaks Initiative. The Oaks Initiative requires the City to provide this notice and information about the Initiative’s requirements. You may obtain a full copy of the Initiative’s text from the City Clerk.

This information is required by City Charter Article XXII—Taxpayer Protection. It prohibits a public official from receiving, and a person or entity from conferring, specified personal benefits or campaign advantages from a person or entity after the official votes, or otherwise takes official action, to award a “public benefit” to that person or entity. The prohibition applies within and outside of the geographical boundaries of Santa Monica.

All persons or entities applying or receiving public benefits from the City of Santa Monica shall provide the names of trustees, directors, partners, and officers, and names of persons with more than a 10% equity, participation or revenue interest. An exception exists for persons serving in those capacities as volunteers, without compensation, for organizations exempt from income taxes under Section 501(c)(3), (4), or (6), of the Internal Revenue Code. However, this exception does not apply if the organization is a political committee or controls political committees. Examples of a “public benefit” include public contracts to provide goods or services worth more than $25,000 or a land use approval worth more than $25,000 over a 12-month period.

In order to facilitate compliance with the requirements of the Oaks Initiative, the City compiles and maintains certain information. That information includes the name of any person or persons who is seeking a “public benefit.” If the “public benefit” is sought by an entity, rather than an individual person, the information includes the name of every person who is: (a) trustee, (b) director, (c) partner, (d) officer, or has (e) more than a ten percent interest in the entity. Therefore, if you are seeking a “public benefit” covered by the Oaks Initiative, you must supply that information on the Oaks Initiative Disclosure Form. This information must be updated and supplied every 12 months.

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Attachment: 3PR Oaks Initiative Form (4873 : Reinstate Enabling Agreement with 3 Phases Renewables for Direct Access Electricity)

CITY OF SANTA MONICA

OAKS INITIATIVE DISCLOSURE FORM
In order to facilitate compliance with the requirements of the Oaks Initiative, the City compiles and maintains certain information. That information includes the name of any person or persons who is seeking a “public benefit.” If the “public benefit” is sought by an entity, rather than an individual person, the information includes the name of every person who is: (a) trustee, (b) director, (c) partner, (d) officer, or has (e) more than a ten percent interest in the entity.

Public benefits include:

1. Personal services contracts in excess of $25,000 over any 12-month period;

2. Sale of material, equipment or supplies to the City in excess of $25,000 over a 12- month period;

3. Purchase, sale or lease of real property to or from the City in excess of $25,000 over a 12- month period;

4. Non-competitive franchise awards with gross revenue of $50,000 or more in any 12-month period;

5. Land use variance, special use permit, or other exception to an established land use plan, where the decision has a value in excess of $25,000;

6. Tax “abatement, exception, or benefit” of a value in excess of $5,000 in any 12- month period; or

7. Payment of “cash or specie” of a net value to the recipient of $10,000 in any 12- month period.

Name(s) of persons or entities receiving public benefit:

Name(s) of trustees, directors, partners, and officers:

Name(s) of persons with more than a 10% equity, participation, or revenue interest:

Prepared by: ____________________________Title: __________________________ Signature: ______________________________________ Date: ________________ Email: ____________________________________ Phone: ____________________ FOR CITY USE ONLY:

Bid/PO/Contract # ____________________________ Permit # ___________________________

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Attachment: 3PR Oaks Initiative Form (4873 : Reinstate Enabling Agreement with 3 Phases Renewables for Direct Access Electricity)

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Attachment: 3Phases Enabling Agreement-Santa Monica 070115-executed (4873 : Reinstate Enabling Agreement with 3 Phases

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Attachment: 3Phases Enabling Agreement-Santa Monica 070115-executed (4873 : Reinstate Enabling Agreement with 3 Phases

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Attachment: 3Phases Enabling Agreement-Santa Monica 070115-executed (4873 : Reinstate Enabling Agreement with 3 Phases

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Attachment: 3Phases Enabling Agreement-Santa Monica 070115-executed (4873 : Reinstate Enabling Agreement with 3 Phases

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Attachment: 3Phases Enabling Agreement-Santa Monica 070115-executed (4873 : Reinstate Enabling Agreement with 3 Phases

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Attachment: 3Phases Enabling Agreement-Santa Monica 070115-executed (4873 : Reinstate Enabling Agreement with 3 Phases

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Attachment: 3Phases Enabling Agreement-Santa Monica 070115-executed (4873 : Reinstate Enabling Agreement with 3 Phases

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Attachment: 3Phases Enabling Agreement-Santa Monica 070115-executed (4873 : Reinstate Enabling Agreement with 3 Phases

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Attachment: 3Phases Enabling Agreement-Santa Monica 070115-executed (4873 : Reinstate Enabling Agreement with 3 Phases

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Attachment: 3Phases Enabling Agreement-Santa Monica 070115-executed (4873 : Reinstate Enabling Agreement with 3 Phases City Council Report
City Council Meeting: January 25, 2022
Agenda Item: 3.D
1 of 3
To: Mayor and City Council
From: David Martin, Director, Administration
Subject: Adoption of a Resolution Accepting and Approving Final Parcel Map No. 74677 for 918 5th Street
Recommended Action
Staff recommends that the City Council adopt the attached resolution accepting and approving Final Parcel Map No. 74677 for a three-unit condominium project located at 918 5th Street.

Summary
This report transmits for City Council approval a Final Parcel Map for a three-unit condominium project located at 918 5th Street. On August 7, 2019, the Planning Commission approved a Vesting Tentative Parcel Map for the project. A timely filing of the Final Map was made to the County or City prior to the vesting tentative parcel map’s expiration date. According to Section 66452.6(d) of the Subdivision Map Act, once a timely filing is made to the County or City, subsequent actions of the local agency, including, but not limited to, processing, approving, and recording of a map, may lawfully occur after the map’s expiration date.

PARCEL MAP ADDRESS SUBDIVIDER UNITS
74677 918 5th Street HAMID ENAYATI 3
The following table provides a brief summary of the project:

Zoning District R2 Low-Density Residential District
Parcel Area 7,500 square feet
Parcel Dimensions 50’ x 150’

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Existing On-Site
Improvements
(Year Built)
Front Deodar Cedar Tree (Landmark);
Rear single-unit residence/garage
(1910, excluded from Landmark designation)
Rent Control Status Not Applicable (single-unit residence, currently vacant) Historic Resources
Inventory Status
City Landmark: Deodar Cedar Tree (Cedrus deodara),
designated December 2002, with parcel designation in
August 2015.

AHPP Compliance Payment of Fee
Discussion
On November 9, 2017, Vesting Tentative Parcel Map 17ENT-0250 and Major Modification 17ENT-0255 applications were submitted to the City Planning Division to create three residential condominium air space parcels on one land lot in the R2 district.

On August 7, 2019, after a public hearing and careful review of the record and staff recommendations, the Planning Commission approved a Vesting Tentative Parcel Map and Major Modifications for the project. The action of the Planning Commission was based on its findings that the proposed subdivision will have no significant environmental impact and is in conformance with all state and local laws and regulations, and applicable General Plan Elements. The Final Map conforms to the Tentative Map. As a Vesting Tentative Parcel Map application, its associated approval confers a vested right to proceed with development in substantial compliance with the ordinances, policies, and standards in effect at the time the vesting map is deemed complete by the City.

The developer will be required to show proof of payment of the condominium tax of $3,000 prior to issuance of building permit. The Final Map has been approved by the Los Angeles County Engineer’s office and certified by the City Engineer for conformance with the Tentative Map and conditions thereon, the Subdivision Map Act and local ordinances. The City Engineer’s office indicates that there are no required offsite public improvements. The City Attorney's office has approved the Covenants, Conditions and Restrictions for the Final Map as complying with the conditions of the Tentative Map and applicable laws.

Financial Impacts & Budget Actions

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There is no immediate financial impact or budget action necessary as a result of the recommended action.

Prepared By: Steve Mizokami, Senior Planner
Approved Forwarded to Council
Attachments:

A. Resolution Approving Final Parcel Map No. 74677

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1 City Council Meeting: January 25, 2022 Santa Monica, California RESOLUTION NUMBER _________ (CCS)
(City Council Series)

A RESOLUTION OF THE CITY COUNCIL

OF THE CITY OF SANTA MONICA ACCEPTING AND APPROVING
THE FINAL PARCEL MAP FOR TRACT NO. 74677
TO SUBDIVIDE A PROPERTY AT 918 5TH STREET
WHEREAS, on August 7, 2019, the Santa Monica Planning Commission approved a vesting tentative parcel map to create three residential condominium air space parcels on one land lot at 918 5th Street; and
WHEREAS, a timely filing of a final parcel map was made to the County of Los Angeles prior to expiration of the vesting tentative parcel map; and WHEREAS, pursuant to Section 66452.6(d) of the Government Code, if a timely filing of a final map is made to the City or County, then the City may process, approve, and record a final map after the expiration of the vesting tentative map; and WHEREAS, the final parcel map conforms to the vesting tentative parcel map; and WHEREAS, the City Council finds that the proposed subdivision is consistent with the applicable general and specific plans.

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Attachment: Resolution Approving Final Parcel Map No. 74677 [Revision 2] (4885 : Adoption of Final Map for 918 Fifth Street) 2 NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SANTA MONICA DOES RESOLVE AS FOLLOWS:

SECTION 1. The Final Map for Parcel No. 74677 in the City of Santa Monica is hereby accepted and approved.

SECTION 2. The City Clerk hereby is authorized and directed to endorse upon the face of said Map this order authenticated by the Seal of the City of Santa Monica.

SECTION 3. The City Clerk shall certify to the adoption of this Resolution, and thenceforth and thereafter the same shall be in full force and effect.

APPROVED AS TO FORM:
_________________________

JOSEPH LAWRENCE
Interim City Attorney

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Attachment: Resolution Approving Final Parcel Map No. 74677 [Revision 2] (4885 : Adoption of Final Map for 918 Fifth Street) City Council Report
City Council Meeting: January 25, 2022
Agenda Item: 3.E
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To: Mayor and City Council
From: David White, City Manager, City Manager's Office
Subject: Authorization of Contract with Mani Zadeh dba Los Angeles COVID Testing Corporation for COVID Testing and Associated Services for City Employees Recommended Action
Staff recommends that the City Council authorize the City Manager to negotiate and execute an agreement with Mani Zadeh dba Los Angeles COVID Testing Corporation for city-wide, employee COVID testing. This recommended award is made as an exception to the competitive bidding process pursuant to SMMC sections 2.24.250 (i) and 2.24.240, and is for a total amount not to exceed $1,000,000 with future year funding contingent on Council budget approval.

Summary
On August 24, 2021, Santa Monica City Council approved a vaccine mandate for all City employees and members of City Boards and Commissions. This mandate includes the ability for City employees to seek an exemption to the mandate for legitimate medical or religion reasons. Exempt employees are required to undergo weekly COVID-19 testing in order to report for work. Additionally, in alignment with CalOSHA and Los Angeles Department of Public Health orders, persons who are present within a facility where a COVID-19 outbreak is detected, shall be provided an opportunity to conduct testing on-site and at no cost to the employee.

The City sought the services of Mani Zadeh dba Los Angeles COVID Testing Corporation (LA COVID Testing Corp.) on an emergency basis to provide this testing.

LA COVID Testing Corp. is used by other cities in Los Angeles County and provides needed testing services within the short timeline required by the City. Staff now seeks

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authority to enter into a contract with LA COVID Testing Corp. to provide these ongoing services for an amount not to exceed $1,000,000 for one year. Staff will seek reimbursement from the Federal Emergency Management Administration (FEMA) for all qualifying costs associated with this service.

Discussion
Like many other corporations and public agencies, the City of Santa Monica instituted a vaccine mandate for all City employees and members of City Boards and Commissions.

The City instituted this mandate to ensure continuity of vital City services as well as enhance public trust that accessing such services will be safe. The City’s vaccine mandate required employees to show proof of full vaccination or have an approved, qualifying exemption by October 29, 2021.

Under the City’s vaccine mandate policy, all employees who are granted an exemption for a legitimate medical or religious reason must undergo weekly COVID-19 testing in order to report to work. To facilitate this testing, staff sought the services of LA COVID Testing Corp., which has provided testing for other cities and public agencies in the area. LA COVID Testing Corp. provides administration, processing, and reporting of tests administered by registered nursing staff to the employee, Safety Officer, Human Resources, and the selected Emergency Operations Center staff to assist with contact tracing. LA COVID Testing will provide on-site testing and laboratory processing for personnel who have been exposed to the COVID-19 virus through the course of their work or have an approved exemption from the COVID-19 Vaccine Policy. The City further requires the vendor to complete a COVID-19 Polymerase Chain Reaction (PCR) test, as this has been defined as the most accurate and effective test available.

Due to the expedited timeline and health and safety concerns, staff was unable to follow the traditional competitive solication process; however, staff did conduct an informal cost assessment with five qualified vendors within the region and were able to negotiate pricing with the selected vendor. Staff now seeks Council authority to enter into a contract with LA COVID Testing Corp. as well as for Council to exempt this procurement

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from the City’s competitive process due to the urgency of the service to keep the City’s workplace and public services safe.

LA COVID Testing Corp. provides COVID-19 testing at several times and at different City locations each week. The City has approximately 220 employees who have sought and were granted exemptions. The cost for these services from November 1, 2021 to date is approximately $130,000 and it is anticipated that the $1,000,000 authority will provide testing services through the end of the fiscal year. The City remains eligible for reimbursement from the Federal Emergency Management Administration (FEMA) for qualifying expenses associated with our emergency response to COVID. FEMA is currently reimbursing 100 percent of eligible costs through April 2022, and this may be extended given the current case surge driven by the Omicron variant.

Financial Impacts and Budget Actions
Staff seeks authority to approve funding from the General Fund to award a contract with LA COVID Testing Corp. for COVID-19 testing and related services for City employees for one year.

Contract
FY 2021-22 Department/CIP Account # Total Contract Amount $1,000,000 01800004.525260 $1,000,000
Staff will continue to track all eligible costs associated with this project and seek reimbursement from FEMA for as long as allowed. All reimbursements received from FEMA will reimburse the City’s General Fund. Staff will submit project applications to FEMA for reimbursement; however, due to processing delays at the agency, reimbursement funds may be received by the City in later fiscal periods.

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Prepared By: David White, City Manager
Approved Forwarded to Council
Attachments:

A. LACT_OaksInitiative_Signed
B. Written Comments

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Attachment: LACT_OaksInitiative_Signed (4915 : Contract with LA Covid Testing Corp) 1 Vernice Hankins
From: Ann Maggio <[email protected]>
Sent: Monday, January 24, 2022 1:32 PM
To: councilmtgitems; Sue Himmelrich; Oscar de la Torre; Phil Brock; Christine Parra; Lana Negrete; Kristin McCowan; David White
Subject: Agenda Item -

EXTERNAL
Dear City Council,
There should be little difficulty deciding what to do about this million dollar contract - a contract for weekly testing intended for 220 people. Because they are unvaccinated.

Because these 220 employees do what?
 Transmit the virus at a higher rate than those who complied with your EUA mandate? FALSE Narrative
If you choose to claim you don't know better you should each be personally sued for your ignorance.

Fauci had to come clean with the fact that regardless of vaccination status, anyone can transmit covid

19. Here he is stating so in July 2020. https://www.youtube.com/watch?v=mP9iHyj1uiU  Add to the overcrowding of hospitals? FALSE Narrative At the January 11th Senate Hearing CDC's Walensky testified:
"she has heard from hospitals around the country that “they had plenty of beds, but they didn’t have staff to staff them” and that preventing closures of schools and pharmacies were other top priorities." https://www.msn.com/en-us/health/medical/decoding-what-biden-health-officials-told-congress-aboutomicron/ar-AASFZlX 
Testing anyone at this stage is nothing more than A BIG waste of time and money! Leave the FEMA Million for the next Natural Disaster.

As of the week ending January 15, 2022 the HHS data shows that Omicron is the strain in 99.6% of all cases in the WEST. (SEE BAR GRAPH) What this means is that fully vaccinated people who tested positive in LA County for the week ending Jan 18th were 906% less likely to catch the DELTA variant from Jan 12-18 than they were the previous week. In fact, of the 138,185 confirmed
cases of Covid 19 in fully vaccinated people in the county that week, only five people may have caught the Delta variant. (SEE Yellow Slide and accompanying sources) On January 8, 2021, the CDC's Interim Director, Walensky, said that 3/4 of all Covid deaths occurred in people with 4 or more comorbidities. Here is the time stamped link to that comment: https://youtu.be/Pa7NiNkaUE?t=13 Item 3.E
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Attachment: Written Comments (4915 : Contract with LA Covid Testing Corp) 2 Item 3.E
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Attachment: Written Comments (4915 : Contract with LA Covid Testing Corp) 3 The majority of people testing positive in LA County are fully vaccinated.

According to the LACPHD, a total of 6,506,443* country residents had taken at least
one shot of the J & J or two of either the Moderna or Pfizer shots. (*"Cumulative Post‐Vaccination Cases, Hospitalizations, and Deaths by Report Date" HERE:
http://publichealth.lacounty.gov/media/Coronavirus/data/reopening‐dashboard.htm) Source Links:
"Cumulative Post-Vaccination Cases, Hospitalizations, and Deaths by Report Date" HERE: http://publichealth.lacounty.gov/media/Coronavirus/data/reopening-dashboard.htm LACDPH Press Releases Jan 12-18, 2022
http://publichealth.lacounty.gov/phcommon/public/media/mediapubdisplay.cfm?unit=media&ou=ph&prog=me dia
Fauci, on December 29th, told the public that asymptomatic people do not need to test post 5 day isolation period.

He also talks about what the tests can and cannot
do. https://www.youtube.com/watch?v=bAICMQ1D5F8 ( @ 2:28) Learn a LESSON from the POP UP LABS contracted by the SMMUSD, whose turnaround times have been just as long or longer than the LACDPH's isolation period (5 days plus one) for students and staff.
 Samohi, Roosevelt, Webster, and more Week ending Friday, January 7. (first week back to school)
 Webster - week ending Jan 21, 2022 results came 5 days after kids were tested.

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Attachment: Written Comments (4915 : Contract with LA Covid Testing Corp) 4 $$$ ONE MILLION on Covid Testing Contract!
++6
Fauci - Dec 29, 2021 tries to explain why people who haven't been boosted are treated the same way as unvaccinated people: https://youtu.be/bAICMQ1D5F8?t=275 ...21 days later....

Fauci - Jan. 19, 2022 "Natural infection, with or without vaccination is good protection" https://youtu.be/l39U_I2uEyo?t=86
COVID-19 Cases and Hospitalizations by COVID-19 Vaccination Status and Previous COVID-19 Diagnosis — California and New York, May–November 2021
Early Release / January 19, 2022 / 71
https://www.cdc.gov/mmwr/volumes/71/wr/mm7104e1.htm?s_cid=mm7104e1_w#contribAff Natural immunity was more potent than vaccines during US Delta wave — study But authors of paper warn against depending on infection, given the higher risks of hospitalization, long‐term impacts and death
By AFP and TOI STAFF
21 January 2022, 9:43 am
"During America’s last surge of the coronavirus driven by the Delta variant, people who were unvaccinated but had previously recovered from COVID‐19 were better protected than those who were vaccinated and not previously infected, a new study said Wednesday.

The finding is the latest to weigh in on a debate on the relative strengths of natural versus vaccine‐acquired immunity against SARS‐CoV‐2, but comes this time with the imprimatur of the US Centers for Disease Control and Prevention (CDC).

The authors of the paper warned, however, against depending on infection as a strategy, given the higher risks to unvaccinated persons who weren’t previously infected of hospitalization, long‐term impacts, and death, compared to vaccinated people.

Indeed, by November 30, 2021, some 131,000 residents of California and New York had died from COVID‐19, the two states the paper, which used statistical modeling, was based on. “Viruses are constantly changing, including the virus that causes COVID‐19,” the CDC said in a statement. “The level of protection offered by vaccination and surviving a previous infection changed during the study period.

Vaccination remains the safest strategy for protecting against COVID‐19,” it added.

The analysis was also carried out before the emergence of the Omicron variant, for which both vaccine and infection‐derived immunity appear diminished, and before boosters were made widely available.

A nurse prepares vaccines in the Wizink Center, currently used for COVID‐19 vaccinations in Madrid, Dec. 1, 2021. (AP Photo/Paul White)
It used case data from 1.1 million people who tested positive in New York and California between May 30 to November 30, 2021, and used that to model inferences about the wider population.

Prior to Delta becoming dominant, vaccination conferred greater immunity than infection. But the relationship shifted when the variant became predominant in late June and July.

By the week of October 3, vaccinated people who did not have prior COVID were three to four times (in California and New York, respectively) more likely to be infected than unvaccinated people with prior COVID.

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Attachment: Written Comments (4915 : Contract with LA Covid Testing Corp) 5 In the weeks of October 13 to November 14, vaccinated people who did not have prior COVID in California, were around three times more likely to be hospitalized than unvaccinated people with prior COVID.

Protection was highest among those who had both vaccination and prior COVID.

The study could however be impacted by an effect known as “selection bias,” since it excluded people who died, who were overwhelmingly unvaccinated.

Other research, including a notable paper from Israel in August, have also found that natural immunity was more potent than vaccines during the Delta surge.

But the US CDC had previously taken the opposite position, based on pre‐Delta data. “Further studies are needed to establish the duration of protection from previous infection by variant type, severity, and symptomatology, including for the Omicron variant,” the paper concluded." https://www.timesofisrael.com/natural‐immunity‐was‐more.../ Ann Maggio Thanawalla
"Unthinking respect for authority is the greatest enemy of truth." ‐ Albert Einstein Item 3.E
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Attachment: Written Comments (4915 : Contract with LA Covid Testing Corp) City Council Report
City Council Meeting: January 25, 2022
Agenda Item: 3.F
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To: Mayor and City Council
From: David Martin, Director, Building & Safety
Subject: Approval of Third Modification to Software Maintenance and Support Agreement with Accela, Inc. for the City's Permit and Land Management System
Recommended Action
Staff recommends that the City Council authorize the City Manager to negotiate and execute a third modification to agreement #9509 in the amount of $173,888 with Accela, Inc., a California-based company, to provide services for the City’s permit and land management software: Accela Automation, for the Community Development Department. This will result in a thirteen (13) year amended agreement with a new total amount not to exceed $972,029, with future year funding contingent on Council budget approval.

Summary
Accela Automation (“Accela”) is the City’s principal permit and land management system that is widely used by several City departments for processing, recording, and tracking of records such as permitting, land use entitlements, inspections, code enforcement cases, and cashiering. The public uses Accela’s Citizen Access portal to submit applications, view status, and pay fees online. The City is in the process of developing and implementing a new, alternate permit system. During this time, maintenance of the Accela system is critical to ensure it continues to operate properly.

The current Software License Agreement (“Agreement”) with Accela will expire on February 21, 2022. Staff recommends extending the Agreement with Accela, Inc. for an additional period of up to three years to maintain the support services necessary for the system’s functionality. The requested amendment is in the amount of $173,888 for a total contract amount not to exceed $972,029.

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Discussion
Approximately 300 employees across several City departments use Accela Automation to manage planning applications, plan reviews, several different types of permits, inspections, Code Enforcement cases, collections, and land management information.

Residents and business owners use Accela’s Citizen Access web portal to apply for permits, pay outstanding fees, and research records online. The system also integrates with the City’s GIS system for reporting out useful data. Software maintenance and support services are essential to ensure business continuity, receive system updates and product support, and maintain compliance with building regulatory requirements.

In 2020, the City’s Internal Auditor, Moss Adams, reviewed the City’s permitting processes and technologies and recommended many operational, policy, and technology changes to help improve the customer experience and conduct permit review and other functions more efficiently. Based on these recommendations, Community Development has partnered with the Information Services Department to design and implement a new permit solution to replace Accela. However, this project will take at least two years to complete, in which time maintenance and support are required from Accela.

Accela Automation is a proprietary system. As such, Accela is the only vendor that can provide system updates, product support, and preserve the functionality of the system.

Extending the maintenance agreement with Accela ensures the City will continue to retain its ability to provide permitting and other services to the public. If the City opts to pursue a land management system from a different vendor, this third modification does include a provision that allows the early termination of the Agreement with a minimum of 60 days’ notice prior to the annual renewal date. Annual maintenance for Accela Automation is currently budgeted within the Building and Safety Division.

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Past Council Actions
Meeting Date Description
11/22/11 (attachment A) Original bid and award of agreement with Accela, Inc. for Accela Automation
03/28/17 (attachment B) Most recent modification to agreement with Accela, Inc.

Financial Impacts and Budget Actions
Staff seeks authority to extend the term and increase the amount of the agreement with Accela, Inc. for its Accela Automation software. Funding is available in the Building and Safety Division’s annual budget. Future year funding is included in the Community Development Department’s maintenance of effort budget and is contingent on Council budget approval.

Agreement Modification Request
Agreement # Current
Authorized
Amount
FY 2021-22
Budget Modified
Request
Amount
Dept. Account # Future Year
Modification
Request
Amount
Total Revised
Contract
Amount
9509 $798,141 $0 01700004.529230 $173,888 $972,029
Prepared By: Kevin Purcell, Principal Administrative Analyst Approved Forwarded to Council
Attachments:

A. November 22, 2011 Staff Report (web link)
B. March 28, 2017 Staff Report (web link)
C. Accella Automation 9509 License Agreement
D. Accela Automation 9509 Maintenance Agreement
E. Accela Automation 9509 License Agreement 1st Modification F. Accela Automation 9509 Maintenance Agreement 1st Modification G. Accella Automation 9509 Insurance

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Packet Pg. 151 Attachment: Accela Automation 9509 Maintenance Agreement (4872 : Accela Automation Maintenance Contract Renewal)

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Packet Pg. 152 Attachment: Accela Automation 9509 Maintenance Agreement (4872 : Accela Automation Maintenance Contract Renewal) FIRST MODIFICATION OF AGREEMENT NO. 9509 (CCS)
This First Modification of Agreement Number 9509 (CCS) ("First Modification"), entered into as of Avgi.._ll\5-t_ 27 __ , 2014, by and between the City of Santa Monica, a municipal corporation ("City"), and Accela Inc. is made with reference to the following:

RECITALS
A. On or about February 14, 2012, the City and Accela Inc. entered into Agreement Number 9509 (CCS) for a purchase of the web based land management system used by the City of Santa Monica's Planning and Community Development Department, Public Works Department, and Fire Department.

B. The City and Accela Inc. desire to modify the Original Agreement to include additional services to be performed by Accela Inc. and to increase the contract price to pay for those additional services.

TERMS AND CONDITIONS
Now, therefore, the undersigned parties do hereby mutually agree to modify the Original Agreement as follows:

1. Section 4 of the Original Agreement entitled "Installation and Configuration of the System; Software Services" shall be modified by adding the following paragraph:

F. Additional Services. Accela Inc. will perform all of the additional services ("Project Change Descript/Task Summary") described in Exhibit 6. Accela Inc. will complete the Additional Services in accordance with Exhibit 6.

2. The first paragraph of the Section 6 of the Original Agreement entitled "License Fees and Support Services Fees" shall be modified to the following paragraph:

City shall pay to Vendor an amount up to $367,169.20 as specified in Exhibits 3 and 5 and incorporated by reference. This price includes software, services, and travel-related expenses.

3. Section 6 of the Original Agreement entitled "License Fees and Support Services Fees" shall be modified by adding the following paragraph:

D. Additional Services. The City will compensate Accela Inc. for the Additional Services in an amount not to exceed $21,000.00, as set forth in Exhibit 6.

4. Exhibit 6 is attached hereto and incorporated herein by this reference. 1 3.F.e
Packet Pg. 153 Attachment: Accela Automation 9509 License Agreement 1st Modification (4872 : Accela Automation Maintenance Contract Renewal)

3.F.e
Packet Pg. 154 Attachment: Accela Automation 9509 License Agreement 1st Modification (4872 : Accela Automation Maintenance Contract Renewal)

3.F.e
Packet Pg. 155 Attachment: Accela Automation 9509 License Agreement 1st Modification (4872 : Accela Automation Maintenance Contract Renewal)

3.F.e
Packet Pg. 156 Attachment: Accela Automation 9509 License Agreement 1st Modification (4872 : Accela Automation Maintenance Contract Renewal)

3.F.f
Packet Pg. 157 Attachment: Accela Automation 9509 Maintenance Agreement 1st Modification (4872 : Accela Automation Maintenance Contract Renewal)

3.F.f
Packet Pg. 158 Attachment: Accela Automation 9509 Maintenance Agreement 1st Modification (4872 : Accela Automation Maintenance Contract Renewal)

3.F.f
Packet Pg. 159 Attachment: Accela Automation 9509 Maintenance Agreement 1st Modification (4872 : Accela Automation Maintenance Contract Renewal)

SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE

THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS.

INSURER(S) AFFORDING COVERAGE
INSURER F :

INSURER E :

INSURER D :

INSURER C :

INSURER B :

INSURER A : NAIC #
NAME: CONTACT
(A/C, No): FAX
E-MAIL ADDRESS:

PRODUCER
(A/C, No, Ext): PHONE

INSURED
COVERAGES CERTIFICATE NUMBER: REVISION NUMBER:

IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed.

If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s).

THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS

CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER.

OTHER:
(Per accident)
(Ea accident)
$
$
N / A

SUBR WVDADDL
INSD

THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS

CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. $
$
$
$ PROPERTY DAMAGE
BODILY INJURY (Per accident)
BODILY INJURY (Per person) COMBINED SINGLE LIMIT

AUTOS ONLY

AUTOS ONLY AUTOS NON-OWNED OWNED SCHEDULED

ANY AUTO

AUTOMOBILE LIABILITY

Y / N WORKERS COMPENSATION
AND EMPLOYERS' LIABILITY OFFICER/MEMBER EXCLUDED?
(Mandatory in NH) DESCRIPTION OF OPERATIONS below
If yes, describe under

ANY PROPRIETOR/PARTNER/EXECUTIVE
$
$
$ E.L. DISEASE - POLICY LIMIT E.L. DISEASE - EA EMPLOYEEE.L. EACH ACCIDENT EROTH- STATUTE PER
(MM/DD/YYYY) LIMITS POLICY EXP(MM/DD/YYYY) POLICY EFFLTR TYPE OF INSURANCE POLICY NUMBER INSR
DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required)

EXCESS LIAB
UMBRELLA LIAB EACH OCCURRENCE $ AGGREGATE $
$
OCCUR
CLAIMS-MADE DED RETENTION $
PRODUCTS - COMP/OP AGG $ GENERAL AGGREGATE $ PERSONAL & ADV INJURY $ MED EXP (Any one person) $
EACH OCCURRENCE $ DAMAGE TO RENTED
PREMISES (Ea occurrence) $ COMMERCIAL GENERAL LIABILITY CLAIMS-MADE OCCUR GEN'L AGGREGATE LIMIT APPLIES PER: POLICY PRO- JECT LOC

CERTIFICATE OF LIABILITY INSURANCE DATE (MM/DD/YYYY)

CANCELLATION

AUTHORIZED REPRESENTATIVE
ACORD 25 (2016/03)
© 1988-2015 ACORD CORPORATION. All rights reserved.

CERTIFICATE HOLDER
The ACORD name and logo are registered marks of ACORD
HIRED

AUTOS ONLY
9/15/2021
ABD Insurance & Financial Services
777 Mariners Island Blvd Suite 250
San Mateo, CA 94404 650-488-8565
www.theabdteam.com
Rod Sockolov
Cert Request
[email protected]
Accela, Inc.
2633 Camino Ramon
Suite 500
San Ramon CA 94583
63914379
✓
✓
City of Santa Monica is Additional Insured as respects General Liability but only to the extent required by written contract or written agreement.

City of Santa Monica
Its officials, officers, employees & volunteers
1685 Main Street, #110
Santa Monica, CA 90401
RE: All Operations of the Named Insured.

Waiver of Subrogation applies to Workers' Compensation. 1,000,000
1,000,000
10,000
1,000,000
2,000,000
2,000,000
1,000,000
Physical Dmg.Deductible 1,000
10,000,000
10,000,000
1,000,000
1,000,000
1,000,000
A ✓ 3604-91-08 9/1/2021 9/1/2022
✓
✓
A 7359-95-44 9/1/2021 9/1/2022
✓ ✓
A ✓ ✓ 7818-52-90 9/1/2021 9/1/2022
B 7175-62-53 9/1/2021 9/1/2022 ✓
N
C Errors & Omissions w/ Cyber EET 13707 01 9/1/2021 9/1/2022 Limit $5,000,000 per occurrence Limit: $5,000,000 Aggregate
Federal Insurance Company 20281
Chubb Indemnity Insurance Company 12777
Hudson Excess Insurance Company 14484
63914379 | 16254 | 21-22 All/E&O $5M | Patra (1) | 9/15/2021 2:41:04 PM (PDT) | Page 1 of 3

3.F.g
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3.F.g
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63914379 | 16254 | 21-22 All/E&O $5M | Patra (1) | 9/15/2021 2:41:04 PM (PDT) | Page 3 of 3

3.F.g
Packet Pg. 162 Attachment: Accella Automation 9509 Insurance (4872 : Accela Automation Maintenance Contract Renewal) City Council Report
City Council Meeting: January 25, 2022
Agenda Item: 3.G
1 of 3
To: Mayor and City Council
From: David Martin, Director, Administration
Subject: Adoption of Resolution Accepting and Approving Final Parcel Map for 817 16th Street
Recommended Action
Staff recommends that the City Council adopt the attached resolution approving Final Parcel Map No. 82701 for a three-unit condominium project located at 817 16th Street.

Summary
This report transmits for City Council approval a Final Parcel Map for a three-unit condominium project located at 817 16th Street. On June 17, 2020, the Planning Commission approved a Tentative Parcel Map for the project. A timely filing of the Final Map was made to the County or City prior to the tentative map’s expiration date.

According to Section 66452.6(d) of the Subdivision Map Act, once a timely filing is made to the County or City, subsequent actions of the local agency, including, but not limited to, processing, approving, and recording of a map, may lawfully occur after the map’s expiration date.

PARCEL MAP ADDRESS SUBDIVIDER UNITS
82701 817 16th Street Bryan Domyan 3
The following table provides a brief summary of the project:

Zoning District R2 (Low Density Residential)
Parcel Area 7,500 SF
Parcel Dimensions 50’ x 150’
Existing On-Site Improvements 2 single-unit, one-story buildings

3.G
Packet Pg. 163
2 of 3
(Year Built) (1930/1932)
Rent Control Status N/A
Historic Resources Inventory Status Existing buildings are not listed on the HRI.

AHPP Compliance Payment of Fee
Discussion
On March 05, 2020, the applicant submitted a Tentative Parcel Map application (20ENT-0073) was submitted to the City Planning Division to create 3 residential condominium air space parcels on one land lot in the Low Density Residential (R2) Zone. On June 12, 2020, after a public hearing and careful review of the record and staff recommendations, the Planning Commission approved a Tentative Parcel Map for the above project. The action of the Planning Commission was based on its findings that the proposed subdivision will have no significant environmental impact and is in conformance with all state and local laws and regulations, and applicable General Plan Elements. The Final Map conforms to the Tentative Map.

Financial Impacts & Budget Actions
There is no immediate financial impact or budget action necessary as a result of the recommended action.

3.G
Packet Pg. 164
3 of 3
Prepared By: James Combs, Associate Planner
Approved Forwarded to Council
Attachments:

A. CDD - Reso - Final Parcel Map - 817 16th St 01.25.22

3.G
Packet Pg. 165
1 City Council Meeting: January 25, 2022 Santa Monica, California RESOLUTION NUMBER _________ (CCS)
(City Council Series)

A RESOLUTION OF THE CITY COUNCIL

OF THE CITY OF SANTA MONICA ACCEPTING AND APPROVING
THE FINAL PARCEL MAP FOR PARCEL NO. 87201
TO SUBDIVIDE A PROPERTY AT 817 16TH STREET
WHEREAS, on June 17, 2020, the Santa Monica Planning Commission approved a tentative parcel map to create three residential condominium air space parcels on one land lot located at 817 16th Street; and
WHEREAS, a timely filing of a final parcel map was made to the County of Los Angeles prior to expiration of the tentative parcel map; and WHEREAS, pursuant to Section 66452.6(d) of the Government Code, if a timely filing of a final map is made to the City or County, then the City may process, approve, and record a final map after the expiration of the tentative map; and WHEREAS, the final parcel map conforms to the tentative parcel map; and WHEREAS, the City Council finds that the proposed subdivision is consistent with the applicable general and specific plans.

3.G.a
Packet Pg. 166 Attachment: CDD - Reso - Final Parcel Map - 817 16th St 01.25.22 [Revision 2] (4880 : Adoption of Final Map for 817 16th Street) 2 NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SANTA MONICA DOES RESOLVE AS FOLLOWS:

SECTION 1. The Final Map for Parcel No. 82701 in the City of Santa Monica is hereby accepted and approved.

SECTION 2. The City Clerk is hereby authorized and directed to endorse upon the face of said Map this order authenticated by the Seal of the City of Santa Monica.

SECTION 3. The City Clerk shall certify to the adoption of this Resolution, and thenceforth and thereafter the same shall be in full force and effect.

APPROVED AS TO FORM:
_________________________

JOSEPH LAWRENCE
Interim City Attorney

3.G.a
Packet Pg. 167 Attachment: CDD - Reso - Final Parcel Map - 817 16th St 01.25.22 [Revision 2] (4880 : Adoption of Final Map for 817 16th Street) 1 September 28, 2021
(NOT APPROVED)

CITY OF SANTA MONICA

CITY COUNCIL MINUTES
SEPTEMBER 28, 2021
A regular meeting of the Santa Monica City Council was called to order by Mayor Himmelrich at 5:31 p.m., on Tuesday, September 28, 2021, via teleconference pursuant to the Governor’s Executive Order N-29-20 at City Council Chambers, 1685 Main Street.

Roll Call: Present: Mayor Sue Himmelrich
Mayor Pro Tem Kristin McCowan
Councilmember Phil Brock
Councilmember Gleam Davis
Councilmember Lana Negrete (arrived at 5:35 p.m.)
Councilmember Oscar de la Torre (arrived at 5:35 p.m.)
Councilmember Christine Parra
Also Present: Interim City Manager John Jalili
Interim City Attorney George Cardona
Assistant City Clerk Nikima Newsome
CONVENE/PLEDGE On order of the Mayor, the City Council convened at 5:31 p.m., with all members present except Councilmembers Negrete and de la Torre.

Councilmember Brock led the assemblage in the Pledge of Allegiance.

CLOSED SESSIONS
Councilmembers Negrete and
de la Torre arrived at 5:35
p.m.

Members of the public, Dan Hall and John Katz commented on item 1.A.

On order of the Mayor, the City Council recessed at 5:39 p.m., to consider closed sessions and returned at 6:58 p.m., with all members present, to report the following:

1.A. Conference with Legal Counsel – Existing Litigation – Litigation has been initiated formally pursuant to Gov. Code Section 54956.9(d)(1): Unfair Practice Charge, Santa Monica Police Officers Association v. City of Santa Monica, Public Employment Relations Board, Case No. LA-CE-1535-M.

The Interim City Attorney advised this matter was heard with no reportable action taken.

1.B. Conference with Legal Counsel – Existing Litigation – Litigation has been initiated formally pursuant to Government Code Section 54956.9(d)(1): Paul Veglia v. City of Santa Monica, Los

3.H
Packet Pg. 168 Minutes Acceptance: Minutes of Sep 28, 2021 5:30 PM (CONSENT CALENDAR) 2 September 28, 2021
Angeles Superior Court Case No. 21STCV33366.

The Interim City Attorney advised this matter was heard with no reportable action taken.

1.C. Conference with Legal Counsel – Existing Litigation – Litigation has been initiated formally pursuant to Government Code Section 54956.9(d)(1): Jennifer Ranney v. City of Santa Monica, Los Angeles Superior Court, Case No. 19STCV06460.

The Interim City Attorney advised this was a personal injury case where Ms. Ranney claims to have sustained significant injury. The City does not admit these allegations, but to avoid the expense and burden of further litigation, the City Attorney’s Office recommended settlement in the amount of $120,000.

Motion by Councilmember Davis, seconded by Mayor Himmelrich, to approve Settlement No. 11193 (CCS), in the amount off $120,000. The motion was approved by the following vote:

AYES: Councilmembers de la Torre, Brock, Negrete, Davis, Parra, Mayor Pro Tem McCowan, Mayor Himmelrich
NOES: None
ABSENT: None

1.D. Conference with Labor Negotiators: Government Code Section 54957.6 -- Agency Designated Representatives: Chief People Officer Lori Gentles and Laura Kalty, Outside Counsel, Liebert Cassidy Whitmore; Bargaining Units: ATA-Administrative Team Associates; IBT-California Teamsters Local 911; FEMA-Santa Monica Fire Executive Management Association; FIRE-Santa Monica Firefighters Local 1109 IAFF; MEA-Municipal Employees Association; MTAAFSCME Local 4819, Management Team Association; PALSSUPublic Attorneys’ Legal Support Staff Union; PAU- Public Attorneys Union; POA-Santa Monica Police Officer Association; SMART TDThe International Association of Sheet Metal, Air, Rail, and Transportation Division, Local 1785; STA- Supervisory Team Associates.

The Interim City Attorney advised this matter was heard with no reportable action taken.

3.H
Packet Pg. 169 Minutes Acceptance: Minutes of Sep 28, 2021 5:30 PM (CONSENT CALENDAR) 3 September 28, 2021

SPECIAL AGENDA
ITEMS:

At this time the Mayor and Council said parting words to outgoing Interim City Manager Jalili and Interim City Attorney Cardona.

2.A. City Manager's Report: Economic Recovery Update, was presented.

REPORT ON MEETING

COMPENSATION
Pursuant to State law, Assistant City Clerk Nikima Newsome announced that Council will receive no compensation for meeting as the Redevelopment Successor Agency.

CONSENT CALENDAR: All items were considered and approved in one motion unless removed by a Councilmember for discussion.

No members of the public commented on Consent Calendar items.

At the request of Mayor Himmelrich, Item 3.A was removed from the Consent Calendar.

Motion by Councilmember Brock, seconded by Mayor Himmelrich, to approve the Consent Calendar except for Item 3.A, reading resolutions by title only and waiving further reading thereof. The motion was approved by the following vote:

AYES: Councilmembers de la Torre, Brock, Negrete, Davis, Parra Mayor Pro Tem McCowan, Mayor Himmelrich
NOES: None
ABSENT: None

TELECONFERENCE

MEETINGS

3.B. Adoption of Resolution No. 11362 (CCS) entitled “A

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA
MONICA MAKING FINDINGS AS REQUIRED BY AB361 TO

PERMIT COUNCIL AND CITY BOARD, COMMISSION, AND TASK

FORCE MEETINGS TO CONTINUE TO BE CONDUCTED BY
TELECONFERENCE WHILE THE COVID-19 EMERGENCY
REMAINS IN PLACE”, was approved.

Recommended Action
Staff recommends that Council adopt a resolution making the findings required by AB 361 to continue teleconference meetings of the City Council and City Boards, Commissions, and Task Forces after September 30, 2021.

BIG BLUE BUS 3.C. Approval of First Modification to Professional Services Agreement No. 10951 (CCS) with Stantec Architecture, Inc. for the BBB Charging Infrastructure Project, was approved.

3.H
Packet Pg. 170 Minutes Acceptance: Minutes of Sep 28, 2021 5:30 PM (CONSENT CALENDAR) 4 September 28, 2021
Recommended Action
Staff recommends that the City Council authorize the City Manager to negotiate and execute a first modification to professional services agreement # 10951 (CCS), in the amount of $120,000 (including a 10% contingency) with Stantec Architecture, Inc. for additional professional design services to prepare 100-percent construction documents and provide permitting services for the proposed vehicle charging infrastructure outlined for implementation by 2026 in the Charging Infrastructure Plan as phases 2,3, and 4, for the Public Works Department. This will result in a four-year amended agreement with a new total amount not to exceed $657,663, with future year funding contingent on Council budget approval.

OFF-LEASH DOG AREA 3.D. Adoption of Resolution No. 11363 (CCS) entitled “A

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA

MONICA, CALIFORNIA, DESIGNATING OFF-LEASH DOG AREAS,

DESIGNATING USE REQUIREMENTS, LIMITING THE NUMBER OF
DOGS AND ESTABLISHING HOURS OF USE”, was approved.

Recommended Action
Staff recommends that the City Council repeal Resolution #10244 (CCS) and adopt the attached resolution to revise the City’s off-leash dog policy to include a new off-leash dog area at Santa Monica’s Big Blue Bus property located at 1620 6th Street.

BENEFITS

ADMINISTRATION

3.E. Award Professional Services Agreement No. 11190 (CCS) to Alight-Hodges-Mace, LLC for Benefit Administration Platform, was approved.

Recommended Action
Staff recommends that the City Council:

1. Award RFP to Alight - Hodges-Mace, LLC (“Alight”) for a benefits administration system for the Human Resources Department;

2. Authorize the City Manager to negotiate and execute a three-year agreement with Alight-Hodges-Mace, LLC, in an amount not to exceed $508,935 (including one-time implementation costs), with two additional one-year renewal option(s) in the amount of $168,720 per year, on the same terms and conditions for a total amount not to exceed $846,375 over a fiveyear period, with future year funding contingent on Council budget approval.

RETENTION SCHEDULE 3.F. Adoption of Resolution No. 11364 (CCS) entitled “A

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA

MONICA APPROVING A REVISED CITY-WIDE RECORDS
RETENTION SCHEDULE”, was approved.

Recommended Action

3.H
Packet Pg. 171 Minutes Acceptance: Minutes of Sep 28, 2021 5:30 PM (CONSENT CALENDAR) 5 September 28, 2021
Staff recommends that the City Council adopt the attached resolution approving the revisions to the Annual City-wide Records Retention Schedule (“Schedule”).

TRANSPORTATION

SERVICES
Mayor Himmelrich recused at
8:22 p.m.

3.A. Award RFP #285 and authorize the City Manager to negotiate and execute Agreement No. 11191 (CCS) with Lyft, Inc. for Turnkey Demand Response Transportation Services (MODE), was approved.

Recommended Action
Staff recommends that the City Council:

1. Award RFP# 285 to Lyft, Inc., a California-based company, for turnkey demand response transportation services (MODE).

2. Authorize the City Manager to negotiate and execute a contractual service agreement with Lyft Inc., in an amount not to exceed $1,492,696 for two (2) years, with three (3) additional one-year renewal option(s) under the same terms and conditions for a total amount not to exceed $3,600,000 over a 5-year period, with future year funding contingent on Council budget approval.

3. Authorize budget changes as outlined in the Financial Impacts & Budget Actions section of this report.

Mayor Himmelrich recused herself from this item to avoid any potential of conflict of interest because her husband’s law firm represents Lyft, Inc.

Mayor Pro Tem McCowan took over running the meeting for this item to be discussed.

Motion by Councilmember Davis, seconded by Councilmember Brock, to approve item 3.A. The motion was approved by the following vote:

AYES: Councilmembers de la Torre, Brock, Negrete, Davis, Parra Mayor Pro Tem McCowan
NOES: None
ABSENT: Mayor Himmelrich
ORDINANCES:

ZONING
Mayor Himmelrich returned
at 8:24 p.m.

7.A. Introduction and Adoption of Emergency Ordinance No. 2682 (CCS) entitled “AN EMERGENCY INTERIM ZONING ORDINANCE

OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA

AMENDING INTERIM ZONING REGULATIONS ESTABLISHED BY
EMERGENCY INTERIM ORDINANCE 2636 (CCS) AND EXTENDED

AND AMENDED BY EMERGENCY INTERIM ZONING
ORDINANCES 2658 AND 2667 (CCS) FOR ECONOMIC RECOVERY

OF THE BC (PROMENADE) DISTRICT AND THOSE PORTIONS OF
THE BC (2ND AND 4TH STREET) DISTRICT BOUNDED BY

SECOND STREET TO THE WEST, BROADWAY TO THE SOUTH,
4TH STREET TO THE EAST, AND WILSHIRE BOULEVARD TO THE

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Packet Pg. 172 Minutes Acceptance: Minutes of Sep 28, 2021 5:30 PM (CONSENT CALENDAR) 6 September 28, 2021

NORTH TO INCORPORATE SHORT-TERM RECOMMENDATIONS

SET FORTH IN THE PROMENADE STABILIZATION AND
ECONOMIC VITALITY PLAN”, was presented.

Recommended Action
Staff recommends that the City Council:

1. Introduce and adopt an Emergency Interim Ordinance amending interim zoning regulations established by Emergency Interim Zoning Ordinance Number 2636 (CCS) and extended by Emergency Interim Zoning Ordinance Number 2658 (CCS) for supporting economic recovery in the City’s BC (Promenade) District and those portions of the BC (2nd and 4th Street) District Bounded by Second Street to the West, Broadway to the South, 4th Street to the East, and Wilshire Boulevard to the North;

2. Provide Downtown Santa Monica, Inc. with greater authority and opportunities to propel the economic recovery and vitality of key downtown public spaces through public realm activation, as follows:
a. Authorize the City Manager or designated City staff to negotiate with Downtown Santa Monica, Inc. on the frequency of use, permit fees, and revenue share opportunities associated with the use of Lot 27 and Arizona Avenue for community-serving events, as well as fees and revenue share opportunities associated with the updated Promenade vending program. b. Authorize the City Manager to develop and execute Restated Master Services and License Agreement No. 11192 with Downtown Santa Monica, Inc. as the mechanism to allow for the continued and expanded use and programming of Arizona Avenue, Lot 27, and the Promenade for community-serving events and activations.

3. Review and comment on recommendations from Downtown Santa Monica Inc. on the Draft Third Street Promenade Stabilization and Economic Vitality Plan, including comments provided by the Planning Commission.

Members of the public Denny Zane, John Warfel, Mark Verville, Laurel Rosen, Ellis Raskin, Jonathan Foster, Barbara Tenzer, Lauren Sasson, John Alle, Juan Matute, Bill Davids, Janet Morris, Peter Trinh, Denise Barton, Tricia Crane, Danielle Wilson, Bill Tucker, and Robert Resnick spoke generally in opposition to the recommended action.

Questions asked and answered of staff included: are there any elements of the item that could be delayed; why is a liquor store being proposed; where does a hotel fit into this plan; is the end result of this is a vast change in the Promenade; is the idea to push the AMC movie theater out with the creation of a cultural center at that location, can the town square idea be limited to certain evenings of the week; why isn't public safety number one in the plan; how much discretion does the City have once these zoning changes are made; where would the locations not allowed to have frontage be allowed; how will loading be handled; is it possible to bring a substation

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back to the downtown area/Promenade; will outdoor dining become more organized; will picnic tables be added to allow for a "food court" experience; are we engaging with businesses to ensure venues with live entertainment are not competing with other groups; is it possible to implement pop-ups in the Promenade; what is the difference between a convenience store and a liquor store; would commercial kitchens ever be considered; is there a way to incentivize property owners to lease to smaller businesses; how are we envisioning rooftop entertainment and businesses; is the vision for the hotel one that will have a café that would open up to the Promenade as they do in Europe; what was the public process for vetting the plan; would veterinarians be able to hold rescue events on the Promenade; is there talk about how to create a clean and safe environment; are there any ideas that can be done immediately to refresh the Promenade; would it be helpful to receive more help from Council in the form of an ad hoc committee; is the plan to revamp (Capital Improvement) vs. refreshing the Promenade; is there any reason to have any restrictions on the pet services; and is the concern about convenience stores that the type of goods sold cannot be limited or controlled.

Considerable discussion ensued on topics including, but not limited to:
making the Promenade more affordable and accessible for working class families; how people can congregate in the area; some of the uses will not bring the Promenade to economic vitality such as putting limitations on fast food and implementing liquor stores, certain medical/dental offices, and pet services; providing opportunities for new business options for landlords of the Promenade; concerns about parking for a convention/conference center; the need to be forward thinking in order to revitalize the area; and bringing about spontaneous discovery to the Promenade.

Motion by Councilmember Davis, seconded by Mayor Pro Tem McCowan, to introduce and adopt the ordinance, reading by title only and waiving further reading thereof. The motion was approved by the following vote:

AYES: Councilmembers Parra, Davis, Negrete, Brock, de la Torre, Mayor Pro Tem McCowan, Mayor Himmelrich
NOES: None
ABSENT: None
Motion by Councilmember Davis, seconded by Councilmember Negrete, to provide direction to staff to make sure that the City is holding up its end of the bargain in making Santa Monica clean and safe including but not limited to providing public safety personnel, public foot patrols, and any other actions that would promote a safe and clean environment; study circulation issues in the parking structures; and to find ways to engage downtown business owners more in the processes. The motion was approved by the following vote:

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Packet Pg. 174 Minutes Acceptance: Minutes of Sep 28, 2021 5:30 PM (CONSENT CALENDAR) 8 September 28, 2021
AYES: Councilmembers de la Torre, Brock, Negrete, Davis, Parra, Mayor Pro Tem McCowan, Mayor Himmelrich
NOES: None
ABSENT: None
STAFF

ADMINISTRATIVE
ITEMS:

INTERIM CITY

ATTORNEY

8.A. Appointment of Interim City Attorney, was presented.

Recommended Action
Staff recommends that Council:

1. Appoint Joseph P. Lawrence as Interim City Attorney; and,

2. Authorize the Mayor to execute Employment Agreement No. 11193 (CCS) with Mr. Lawrence for his service as Interim City Attorney.

No members of the public commented on item 8.A.

Motion by Mayor Himmelrich, seconded by Councilmember Brock, to adopt the staff recommendation. The motion was approved by the following vote:

AYES: Councilmembers de la Torre, Brock, Negrete, Davis, Parra Mayor Pro Tem McCowan, Mayor Himmelrich
NOES: None
ABSENT: None

COUNCILMEMBER
DISCUSSION ITEMS:

PERSONNEL BOARD

13.A. Appointment to one unscheduled vacancy on the Personnel Board for a term ending on 6/30/2025, was presented.

No members of the public commented on item 13.A.

On order of the Mayor, the floor was opened for nominations.

Councilmember Para nominated Jason Brown.

Mayor Himmelrich nominated Suzanne Barron.

Suzanne Barron was appointed to the Personnel Board for a term ending June 30, 2025, by the following vote:

Brown: Councilmembers Parra, Brock, de la Torre
Barron: Councilmembers Davis, Negrete, Mayor Pro Tem McCowan, Mayor Himmelrich
PERSONNEL BOARD 13.B. Annual appointment to the Personnel Board for a term ending June 30, 2026 was presented.

No members of the public commented on item 13.A.

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Packet Pg. 175 Minutes Acceptance: Minutes of Sep 28, 2021 5:30 PM (CONSENT CALENDAR) 9 September 28, 2021
On order of the Mayor, the floor was opened for nominations.

Mayor Pro Tem McCowan nominated Jason Brown.

There being no other nominations, Jason Brown was unanimously appointed by acclamation to the Personnel Board for a term ending June 30, 2026, with all members present.

WESTSIDE CITIES

COUNCIL OF

GOVERNMENTS

13.C. Request of Councilmember Brock that Council direct its representatives to the Westside Cities Council of Governments (“WSCCOG”) to seek a determination from the WSCCOG whether the WSCCOG should join as a party in the lawsuit brought by the Orange County Council of Governments (“OCCOG”) against the California Department of Housing and Community Development (“HCD”), OCCOG v. Velasquez, et al., Los Angeles Superior Court, Case No. 21STCP01970, in which OCCOG alleges that HCD should be required to recalculate the Regional Housing Needs Assessment (“RHNA”) allocation to the Southern California Association of Governments (“SCAG”) region for the 2021-2029 planning period because HCD failed to comply with state statutes governing the determination of the RHNA allocation, was presented.

Members of the public Mark Verville, Denise Barton, and Natalya Zernitskaya, spoke on the recommended action.

Motion by Councilmember Brock, seconded by Councilmember de la Torre, to adopt the recommendation. The motion was approved by the following vote:

AYES: Councilmembers Parra, Negrete, Brock, de la Torre, Mayor Himmelrich
NOES: Councilmember Davis, Mayor Pro Tem McCowan
ABSENT: None

13.D. Request of Mayor Himmelrich and Councilmember De La Torre that the City Council form an ad hoc committee of 2 or 3 council members to study and make recommendations for the murals in the lobby of City Hall. The ad hoc committee would act as liaisons and advisors to the Landmarks Commission and would participate in the Landmarks Commission’s discussions on topics concerning contextualization of the murals, was presented.

Members of the public Ruthann Lehrer, Roger Genser, and Erika Leslie, spoke on the recommended action.

Motion by Mayor Himmelrich, seconded by Councilmember Brock, to adopt the recommendation and to appoint Councilmembers de la Torre and Parra

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to the ad hoc committee. The motion was approved by the following vote:

AYES: Councilmembers de la Torre, Brock, Negrete, Davis, Parra, Mayor Pro Tem McCowan, Mayor Himmelrich
NOES: None
ABSENT: None
PUBLIC INPUT: Members of the public Olga Zurawska, Jonathan Foster, and Denise Barton commented on various local issues.

ADJOURNMENT On order of the Mayor, the City Council meeting adjourned at 12:50 a.m. in memory of Rita Lowenthal.

ATTEST: APPROVED:

Nikima Newsome Sue Himmelrich
Assistant City Clerk Mayor

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Packet Pg. 177 Minutes Acceptance: Minutes of Sep 28, 2021 5:30 PM (CONSENT CALENDAR) 1 January 12, 2022
(NOT APPROVED)

CITY OF SANTA MONICA

CITY COUNCIL MINUTES
JANUARY 12, 2022
A special meeting of the Santa Monica City Council was called to order by Mayor Himmelrich at 5:35p.m., on Wednesday, January 12, 2022, via teleconference pursuant to Assembly Bill No. 361 signed by Governor Gavin Newsome at https://primetime.bluejeans.com/a2m/live-event/fkwfazju.

Roll Call: Present: Mayor Sue Himmelrich
Mayor Pro Tem Kristin McCowan (arrived at 5:38 p.m.)
Councilmember Phil Brock
Councilmember Gleam Davis
Councilmember Lana Negrete
Councilmember Oscar de la Torre
Councilmember Christine Parra
Also Present: City Manager David White
Interim City Attorney Joseph Lawrence
City Clerk Denise Anderson-Warren
CONVENE On order of the Mayor, the City Council convened at 5:35 p.m., with all members present except Mayor Pro Tem McCowan.

CLOSED SESSIONS
Mayor Pro Tem McCowan
arrived at 5:38 p.m.

Councilmembers de la Torre
and Parra were excused at
9:43 p.m.

There was no one present for public comment on closed sessions.

On order of the Mayor, the City Council recessed at 5:37 p.m., to consider closed sessions and returned at 9:45 p.m., with all members present, except Councilmembers de la Torre and Parra to report the following:

1.A. Public Employee Appointment: Title – City Attorney The Mayor advised this matter was heard with no reportable action taken.

ADJOURNMENT On order of the Mayor, the City Council meeting adjourned at 9:45 p.m.

ATTEST: APPROVED:

Denise Anderson-Warren Sue Himmelrich
City Clerk Mayor

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Packet Pg. 178 Minutes Acceptance: Minutes of Jan 12, 2022 5:30 PM (CONSENT CALENDAR) 1 January 19, 2022
(NOT APPROVED)

CITY OF SANTA MONICA

CITY COUNCIL MINUTES
JANUARY 19, 2022
A special meeting of the Santa Monica City Council was called to order by Mayor Himmelrich at 5:54 p.m., on Tuesday, January 19, 2022, via teleconference pursuant to Assembly Bill No. 361 signed by, Governor Gavin Newsome at https://primetime.bluejeans.com/a2m/live-event/ykjrkvyz .

Roll Call: Present: Mayor Sue Himmelrich
Mayor Pro Tem Kristin McCowan
Councilmember Phil Brock
Councilmember Gleam Davis
Councilmember Lana Negrete (arrived at 6:00 p.m.)
Councilmember Oscar de la Torre
Councilmember Christine Parra
Also Present: City Manager David White
Interim City Attorney Joseph Lawrence
City Clerk Denise Anderson-Warren
CONVENE On order of the Mayor, the City Council convened at 5:54 p.m., with all members present except Councilmember Negrete.

CLOSED SESSIONS
Councilmember Negrete
arrived at 6:00 p.m.

Councilmembers Negrete and
de la Torre excused at 10:44
p.m.

There was no one present for public comment on closed sessions.

On order of the Mayor, the City Council recessed at 5:55 p.m., to consider closed sessions and returned at 10:46 p.m., with all members present, except Councilmembers Negrete and de la Torre to report the following:

1.A. Public Employee Appointment: Title - City Attorney The Mayor advised this matter was heard with no reportable action taken.

ADJOURNMENT On order of the Mayor, the City Council meeting adjourned at 10:47 p.m.

ATTEST: APPROVED:

Denise Anderson-Warren Sue Himmelrich
City Clerk Mayor

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Packet Pg. 179 Minutes Acceptance: Minutes of Jan 19, 2022 5:30 PM (CONSENT CALENDAR) City Council Report
City Council Meeting: January 25, 2022
Agenda Item: 7.A
1 of 7
To: Mayor and City Council
From: David Martin, Director, Administration
Subject: Introduction and Adoption of Emergency Interim Zoning Ordinance and Emergency Ordinance to Extend Permitting Timelines
Recommended Action
Staff recommends that the City Council:

1. Introduce and adopt an emergency Interim Zoning Ordinance to extend deadlines to exercise and continuously pursue the rights granted under planning entitlements, permits and approvals issued and still active as of March 13, 2020, or issued between March 13, 2020 and December 31, 2022 or for which applications were received between March 13, 2020 and December 21, 2022 under the Zoning Ordinance, Chapters 9.01 to 9.52 of the Santa Monica Municipal Code (“SMMC”), by two years; and allow planning entitlements, permits and approvals issued and still active as of March 13, 2020, or issued between March 13, 2020 and December 31, 2022 to request a First Time Extension or Other Extension pursuant to SMMC Section 9.37.090(C)(1) and

9.37.090(C)(2) at any time at least 30 days prior to the expiration of the permit under Article IX of the Santa Monica Municipal Code

Summary
With the pending expiration of emergency orders as of January 31, 2022 and the ongoing impacts of COVID-19 to City operations and the building industry, the proposed

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Emergency Interim Zoning Ordinance (IZO) and emergency ordinance(s) would continue the COVID-era deadline extensions for planning entitlements, building permits, and plan reviews for projects with active planning entitlements, building permits or plan reviews as of the start of the COVID emergency, and for projects that have been issued planning entitlements, building permits, plan checks or have submitted applications for planning entitlements, building permits or plan reviews starting with the COVID emergency until December 31, 2022 in order to support continued economic recovery, as well as extend the public hearing timelines for applications associated with the historic preservation program. A current and immediate threat to the public health, safety, and general welfare continues to exist due to the devastating impact the COVID19-mandated closures and limitations have had on the local economy, and the proposed interim zoning regulations and emergency ordinances are necessary to stimulate economic recovery and to protect the public health, safety, and welfare.

Background
On March 13, 2020, the City declared the existence of a local emergency in response to COVID-19. On April 14, 2020, Council directed that a restructuring of City services be focused around health and safety, emergency response, and economic recovery. As introduced at the April 28, 2020 City Council meeting, the City implemented a multipronged economic recovery plan that focused on five policy areas:
• Business Retention/Reopening
• Business Process/Permitting Improvements
• Outreach/Marketing
• Community Economic Development/Local Hire
• Federal and State Resources/Funding Partnerships
In response to this direction and the economic effects of COVID-19, the Director of Emergency Services, adopted a series of supplements to the City’s local emergency order, which the City Council ratified. One of those supplements suspended and extended deadlines for planning and permit-related actions including extending deadlines to exercise rights granted under planning entitlements and issued building

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permits and plan reviews active as of March 13, 2020. Due to the state of emergency, processing timelines were also suspended, including those associated with the historic preservation program.

On April 24, 2020, the Director of Emergency Services issued the Twelfth Supplement to the Executive Order of the Director of Emergency Services Declaring the Existence of a Local Emergency that, among other things, tolled and extended all deadlines for planning and permit-related actions including deadlines to review, determine the completeness of, or take action on applications for planning entitlements, permits, and approvals issued under Article IX of the Santa Monica Municipal Code.

On August 18, 2021, the Director of Emergency Services issued the Third Revised Eighteenth Supplement to the Executive Order of the Director of Emergency Services Declaring the Existence of a Local Emergency (“Third Revised Eighteenth Supplement”) that, among other things, restated the tolling and extension of deadlines for planning, review, and permit-related actions.

On November 24, 2020, the Director of Emergency Services issued a Twenty-Eighth Supplement to the Executive Order of the Director of Emergency Services Declaring the Existence of a Local Emergency (“Twenty-Eighth Supplement”) that, among other things, further extended and clarified certain deadlines for planning, review, and permitrelated actions.

On July 14, 2021, the Director of Emergency Services issued a Thirty-Ninth Supplement to the Executive Order of the Director of Emergency Services Declaring the Existence of a Local Emergency that extended certain supplements to September 30, 2021, including those associated with the extension and tolling of planning and permit-related actions.

The local emergency has been further extended to January 31, 2022.

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Discussion
Extension of Deadlines for Planning Review and Permit-Related Actions Pursuant to SMMC Section 9.37.090 planning entitlements have two years to exercise rights, typically obtained by issuance of a building permit or commencement of a use, as applicable. Special timelines apply for projects in the Coastal Zone (additional 6 months) and housing projects that have received City, State, or Federal funding and include at least 50% of units affordable to low-income households (3 years).

For plan review, building permits, and construction projects, the following are the standard deadlines:
• Plan Review - one year from date of fee payment with opportunity for one sixmonth extension • Building Permits - applicant has one year to start construction and must call for at least one valid inspection every 180 days
• Complete Construction - the length of time for when construction is required to be completed depends on project valuation as follows:
o Under $300K - 12 months
o $300,001 to $1M - 24 months
o $1,000,001 to $20M - 36 months
o Over $20M - 48 months
A further two years is proposed to be added to all planning entitlements, issued building permits, and plan reviews active as of March 13, 2020, which was when the COVID-19 emergency was declared, until December 31, 2022. The additional two years to exercise rights is to allow applicants additional time to proceed with their projects due to the economic impacts of COVID-19, which has affected business operations and the construction industry. The time extension does not apply to review and permit-related actions relating to compliance with timelines set forth in SMMC Chapters 8.58, 8.60,

8.64, 8.76 and 8.80 (i.e., seismic retrofit deadlines, excluding soft-story retrofits), unless an application was pending as of March 13, 2020. Further, for consistency with the permitting time extensions for land use entitlements in the Zoning Ordinance, expiration

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dates for Certificates of Appropriateness, which are governed by the Landmarks Ordinance, will also be extended by an additional two years.

In addition, a procedural issue has arisen from applicants wishing to request extensions for permits that will be expiring. SMMC Section 9.37.090(C) does not allow applicants to submit a request for time extension any earlier than 6 months before the expiration of their permit. That timing restriction is in place because it is expected that applicants are diligently pursuing exercising rights for their permits and must be able to demonstrate cause for extension of the permit. The impacts of COVID-19 have increased the uncertainty for applicants who may need to request additional extensions beyond the two additional years already granted. Therefore, it is proposed that applicants be allowed to request a time extension at any time prior to 30 days before the expiration of their permit.

Landmarks Ordinance Public Hearing Timelines
SMMC Sections 9.56.090, 9.56.120 and 9.56.170 set forth deadlines by which applications for designation of a Structure of Merit or Landmark, and Certificates of Appropriateness applications must have their first hearing before the Landmarks Commission and by which a final determination on any such application must be made.

The Landmarks Commission is required to make a determination on a Structure of Merit application within 90 days. For Landmarks, the Landmarks Commission is required to applications must be heard within 65 days and Public hearings on Certificate of Appropriateness applications must be heard within 45 days.

Due to the economic impacts of COVID-19 on the City’s budget, staff support for the historic preservation program was substantially reduced. In addition, applicants are now required to fund the technical reports necessary for the analysis of these applications necessitating preparation of contracts and receipt of funds. Due to these circumstances, it is not possible to realistically meet these timelines. It is proposed that the Structure of Merit and Landmark designation application public hearing deadline be extended to 100 days and that the Certificate of Appropriateness public hearing deadline be extended to 65 days as part of the proposed Emergency ordinance. The

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Landmarks Commission would then have 35 days to render a decision on a Structure of Merit or Landmarks designation application. The timeframes to Landmarks Commission to render a decision on a Certificate of Appropriateness would remain unchanged.

These modest increases reflect the time necessary to bring these applications forward and is consistent with timelines from past applications.

Environmental Analysis
The proposed Emergency IZO to extend expiration dates for permits and modify certain timelines for the processing of Landmark applications are exempt from the provisions of the California Environmental Quality Act (CEQA) pursuant to Section 15061(b)(3) of the State Implementation Guidelines (common sense exception). Based on the evidence in the record, it can be seen with certainty that there is no possibility that the proposed changes may have a significant effect on the environment. The proposal would not result in adverse physical environmental effects as these are procedural changes.

Therefore, no further environmental review under CEQA is required. Projects issued permits would be undergoing their own separate CEQA review prior to permit issuance.

Financial Impacts and Budget Actions
There is no immediate financial impact or budget action necessary as a result of the recommended action.

Prepared By: Jing Yeo, Planning Manager
Approved Forwarded to Council
Attachments:

A. CCD-IZO-Permit Timeframe Extensions-2020.01.25
B. CDD--Permit Timeframe Exetension Emergency Ordinance 01.25.2022

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C. PowerPoint Presentation

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1 City Council Meeting: January 25, 2022 Santa Monica, California ORDINANCE NUMBER _____ (CCS)
(City Council Series)

AN EMERGENCY INTERIM ZONING ORDINANCE OF THE CITY COUNCIL OF

THE CITY OF SANTA MONICA AMENDING SANTA MONICA MUNICIPAL CODE SECTION 9.37.070 TO EXTEND PERMIT TIMEFRAMES DUE TO UNAVOIDABLE DELAYS CAUSED BY THE COVID-19 PANDEMIC AND TO

FURTHER ECONOMIC RECOVERY EFFORTS
WHEREAS, the City’s new Zoning Ordinance, Chapters 9.01 through 9.52 of Article 9 of the Santa Monica Municipal Code (“Zoning Ordinance”), became effective on July 24, 2015; and
WHEREAS, Santa Monica Municipal Code Section 9.37.090 sets forth time frames for expiration of permits issued under the Zoning Ordinance and processes for requesting an extension of those time frames, including a prohibition against seeking a first-time extension of a permit any earlier than six months before its expiration; and
WHEREAS, on March 13, 2020, the City Manager, in his role as the Director of Emergency Services, (“Director of Emergency Services”) proclaimed the existence of a local emergency pursuant to Chapter 2.16 of the Santa Monica Municipal Code to ensure the availability of mutual aid and an effective City response to the novel coronavirus (“COVID-19”) and this local emergency was restated on March 14, 2020, through a revised declaration of local emergency to

7.A.a
Packet Pg. 187 Attachment: CCD-IZO-Permit Timeframe Extensions-2020.01.25 (4680 : Emergency IZO for Permitting Time Extensions) 2 ensure compliance with all digital signature requirements (the “Executive Order”); and
WHEREAS, on March 17, 2020, the Director of Emergency Services issued a Revised Fourth Supplement to the Executive Order which, in part, pursuant to Section 5, and due to measures taken to implement social distancing requirements, suspended planning deadlines and automatic approvals; and WHEREAS, on April 24, 2020, the Director of Emergency Services issued a Twelfth Supplement to the Executive Order, which, in part, pursuant to Sections 1 through 3, and due to the continuation of measures to implement social distancing requirements, including the closure of City Hall and other City facilities, that resulted in unavoidable delays in the City’s processing of planning and permit related applications and in actions required to be taken under planning entitlements and permits, tolled deadlines for reviewing and acting on planning applications, exercising rights under planning entitlements, and expiration of building permits; and
WHEREAS, on May 29, 2020, the Director of Emergency Services issued an Eighteenth Supplement to the Executive Order which, in part, pursuant to Sections 1 through 6, due to continuing social distancing requirements, including limitations on occupancy at offices and businesses and limitations on construction activities, that continued to result in unavoidable delays in the City’s processing of planning and permit related applications and in actions required to be taken under planning entitlements and permits, superseded and replaced Section 5 of the Revised Fourth Supplement and Sections 1 through 3 of the

7.A.a
Packet Pg. 188 Attachment: CCD-IZO-Permit Timeframe Extensions-2020.01.25 (4680 : Emergency IZO for Permitting Time Extensions) 3 Twelfth Supplement to extend for two years the deadlines for planning, review, and permit-related actions; and
WHEREAS, on November 23, 2020, the Director of Emergency Services issued a Twenty-Eighth Supplement to the Executive Order, which, in part pursuant to Sections 18 to 24, clarified that the two-year extension of deadlines for planning, review, and permit actions implemented by the Third Revised Eighteenth Supplement does not extend the deadlines for appeals as set forth in Articles VIII and IX of the Santa Monica Municipal Code; and WHEREAS, since April 2020, the City has continued to engage in an economic recovery strategy that involves a multi-pronged approach focusing on five areas: business retention and reopening; business process and permitting; publicity and marketing, community economic development, re-employment, and local hiring; and federal and state resources; and
WHEREAS, economic uncertainty arising out of the COVID-19 pandemic continues; and
WHEREAS, the City has an important government interest in maintaining a thriving business community and protecting the health, safety, and economic welfare of its citizens and businesses; and
WHEREAS, due to social distancing requirements, including limitations on occupancy at offices and businesses and limitations on construction activities, that resulted in unavoidable delays in the City’s processing of planning and permit related applications and in actions required to be taken under planning entitlements and permits, continued economic uncertainty due to the COVID-19

7.A.a
Packet Pg. 189 Attachment: CCD-IZO-Permit Timeframe Extensions-2020.01.25 (4680 : Emergency IZO for Permitting Time Extensions) 4 pandemic which has affected both business operations and the construction industry, and to further the City’s economic recovery efforts, the City Council desires to amend SMMC Section 9.37.090 to codify two-year extensions for permits issued under the Zoning Ordinance as enacted through the Executive Order, to expand eligibility to permits issued through December 31, 2022 or issued pursuant to a complete application submitted through December 31, 2022, and to increase flexibility for an application of a first-time extension for those permits; and WHEREAS, the City Council finds and declares that a current and immediate threat to the public health, safety, and general welfare exists due to the devastating impact the COVID-19-mandated closures and limitations have had on the local economy, and the proposed interim zoning regulations to stimulate economic recovery are necessary to protect the public health, safety, and welfare.

NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF SANTA
MONICA DOES HEREBY ORDAIN AS FOLLOWS:

SECTION 1. Interim Zoning Regulations. Santa Monica Municipal Code Section 9.37.070 shall be revised as follows:

9.37.090 Expiration and Extension
A. Expiration. The decision-maker, in the granting of any permit, may specify a time, consistent with the purposes of the use and necessary to safeguard the public safety, health and welfare, within which the proposed use must be undertaken and actively and continuously pursued. If no time period is specified,

7.A.a
Packet Pg. 190 Attachment: CCD-IZO-Permit Timeframe Extensions-2020.01.25 (4680 : Emergency IZO for Permitting Time Extensions) 5 any permit granted under this Ordinance shall automatically expire if it is not exercised or extended within the time limits listed below:

1. Permits for 100% Affordable Housing and Certain
Affordable Mixed-Use Residential Projects. For 100% affordable housing projects, or mixed-use residential projects where housing units comprise at least 75 percent of the floor area of the project, and the housing project has received City, State or Federal funding or is comprised of units at least 50 percent of which are deed-restricted to be affordable to low income households and the remainder of which are deed-restricted to be affordable to low or moderate income households:
a. Except as provided in subparagraph b, below, within
Within 3 years of the effective date, or if located in the Coastal Zone, 3½ years from the effective date for affordable housing or mixed use projects where housing units comprise at least 75 percent of the floor area of the project, and the housing project has received City, State or Federal funding or is comprised of units at least 50 percent of which are deed-restricted to be affordable to low income households and the remainder of which are deed-restricted to be affordable to low or moderate income households.
b. Notwithstanding paragraph (a), within 5 years of the effective date, or if located in the Coastal Zone, 5½ years from the effective date, for projects with a permit:
(i) Issued and active as of March 13, 2020;

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Packet Pg. 191 Attachment: CCD-IZO-Permit Timeframe Extensions-2020.01.25 (4680 : Emergency IZO for Permitting Time Extensions) 6 (ii) Issued between March 13, 2020 and December 31, 2022; or (iii) Issued pursuant to a complete application submitted between March 13, 2020 and December 31, 2022.

2. All Other Permits. For projects that do not qualify as affordable housing or mixed-use in paragraph (1) above:
a. Except as provided in subparagraph (b), below, within two Two years of the effective date, or if located in the Coastal Zone, 2½ years of the effective date, for projects that do not qualify as affordable housing or mixed-use in paragraph (1) above, or if located in the Coastal Zone, 2 ½ years of the effective date.
b. Notwithstanding paragraph (a), within 4 years of the effective date, or if located in the Coastal Zone, 4½ years from the effective date for projects with a permit:
(i) Issued and active as of March 13, 2020;
(ii) Issued between March 13, 2020 and December 31,
2022; or
(iii) Issued pursuant to a complete application that was submitted between March 13, 2020 and December 31, 2022.

B. Exercise of Rights. A permit for the use of a building or a property is exercised when, if required, a valid City business license has been issued, and the permitted use has commenced on the site unless the permit is granted in conjunction with approval of new construction.

7.A.a
Packet Pg. 192 Attachment: CCD-IZO-Permit Timeframe Extensions-2020.01.25 (4680 : Emergency IZO for Permitting Time Extensions) 7 1. New Construction. If a permit is granted in conjunction with approval of new construction, issuance of a building permit shall constitute exercise of rights; provided, however, that, unless otherwise specified as a condition of project approval, the permit shall expire if:
a. The building permit expires;
b. Final inspection is not completed or Certificate of
Occupancy issued within the time specified as a condition of project approval; or
c. The rights granted under the permit for the use of the building are not exercised within one year following the earliest to occur of the following: issuance of a Certificate of Occupancy; or if no Certificate of Occupancy is required, the last required final inspection for the new construction.

C. Extensions.

1. First Time Extension. The Director shall approve an
extension of any permit or approval granted under this Ordinance upon receipt of a written application with the required fee prior to expiration of the permit for the time periods listed below.
a. Projects with Residential Uses: one-year extension.
b. Nonresidential Projects: 6-month extension.

No extension may be requested earlier than 6 months prior to the expiration of the permit. The Director may grant a second time extension for projects involving a City-Designated Historic Resource if such extension is

7.A.a
Packet Pg. 193 Attachment: CCD-IZO-Permit Timeframe Extensions-2020.01.25 (4680 : Emergency IZO for Permitting Time Extensions) 8 necessary due to the complexity of planning for and developing the project.

Notwithstanding the foregoing, an extension may be requested at any time at least 30 days prior to the extension of a permit (i) issued and still active as of March 13, 2020; (ii) issued between March 13, 2020 and December 31, 2022; or (iii) issued pursuant to a complete application submitted between March 13, 2020 and December 31, 2022.

2. Other Extensions. The Planning Commission may approve a further extension of any permit or approval granted under this Ordinance upon receipt of a written application with the required fee at least one month prior to and no more than 6 months prior to expiration of the permit. Such extension request shall be processed in the same manner and for the same fee as a new permit. The Planning Commission may grant an extension request for good cause, and may consider in this review, subject to any vested rights, the extent to which the project is consistent with current development standards and policies, whether the project is consistent in principal with the goals, objectives, policies, land uses, and programs specified in the adopted General Plan, conditions surrounding the project site and whether the project will adversely affect the public health, safety and general welfare.

SECTION 2. Any provision of the Santa Monica Municipal Code or any appendix thereto inconsistent with the provisions of this Emergency Interim Zoning Ordinance, to the extent of such inconsistencies and no further, is hereby repealed or modified to that extent necessary to effect the provisions of this Emergency Interim Zoning Ordinance.

7.A.a
Packet Pg. 194 Attachment: CCD-IZO-Permit Timeframe Extensions-2020.01.25 (4680 : Emergency IZO for Permitting Time Extensions) 9 SECTION 3. If any section, subsection, sentence, clause, or phrase of this Emergency Interim Zoning Ordinance is for any reason held to be invalid or unconstitutional by a decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this Emergency Interim Zoning Ordinance. The City Council hereby declares that it would have passed this Emergency Interim Zoning Ordinance and each and every section, subsection, sentence, clause, or phrase not declared invalid or unconstitutional without regard to whether any portion of the Emergency Interim Zoning Ordinance would be subsequently declared invalid or unconstitutional.

SECTION 4. The Mayor shall sign and the City Clerk shall attest to the passage of this Emergency Interim Zoning Ordinance. The City Clerk shall cause the same to be published once in the official newspaper within 15 days after its adoption. This Emergency Interim Zoning Ordinance shall become effective immediately upon adoption.

SECTION 5. This Ordinance shall be of no further force or effect 60 days from its effective date, unless it is otherwise extended pursuant to Santa Monica Municipal Code Section 9.46.090(C).

APPROVED AS TO FORM:
_________________________

JOSEPH LAWRENCE
Interim City Attorney

7.A.a
Packet Pg. 195 Attachment: CCD-IZO-Permit Timeframe Extensions-2020.01.25 (4680 : Emergency IZO for Permitting Time Extensions) 1 City Council Meeting: January 25, 2022 Santa Monica, California ORDINANCE NUMBER_________(CCS)
(City Council Series)

AN EMERGENCY ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA AMENDING PORTIONS OF ARTICLE VIII AND CHAPTER 9.56

OF THE SANTA MONICA MUNICIPAL CODE TO EXTEND CERTAIN TIME

FRAMES FOR BUILDING PERMITS, MANDATORY SEISMIC RETROFIT

COMPLIANCE, AND CERTIFICATES OF APPROPRIATENESS, AND TO

EXTEND PROCESSING TIME FRAMES FOR APPLICATIONS UNDER CHAPTER

9.56 DUE TO UNAVOIDABLE DELAYS CAUSED BY THE COVID-19 PANDEMIC

AND TO FURTHER ECONOMIC RECOVERY EFFORTS
WHEREAS, Santa Monica Municipal Code Section 8.08.070 sets forth time frames for completion of all work authorized pursuant to permits issued under Article VIII of the Santa Monica Municipal Code, Building Regulations; and
WHEREAS, on March 28, 2017, the City Council adopted Ordinance Number 2537 (CCS) amending Articles IV and VIII of the Santa Monica Municipal Code by updating seismic retrofit standards and tenant protection laws; and WHEREAS, Ordinance 2537, in part, set forth time frames for compliance with mandatory seismic retrofit requirements for a variety of building types within the City; and WHEREAS, Landmark and Historic District Ordinance of the City of Santa Monica, Santa Monica Municipal Code Chapter 9.56, sets forth time frames for review of applications for designation of Structures of Merit and Landmarks and applications for Certificates of Appropriateness, and time frames for commencement of work approved pursuant to a Certificate of Appropriateness; and

7.A.b
Packet Pg. 196 Attachment: CDD--Permit Timeframe Exetension Emergency Ordinance 01.25.2022 (4680 : Emergency IZO for Permitting Time Extensions) 2 WHEREAS, on March 13, 2020, the City Manager, in his role as the Director of Emergency Services, (“Director of Emergency Services”) proclaimed the existence of a local emergency pursuant to Chapter 2.16 of the Santa Monica Municipal Code to ensure the availability of mutual aid and an effective City response to the novel coronavirus (“COVID-19”) and this local emergency was restated on March 14, 2020, through a revised declaration of local emergency to ensure compliance with all digital signature requirements (the “Executive Order”); and
WHEREAS, on March 17, 2020, the Director of Emergency Services issued a Revised Fourth Supplement to the Executive Order which, in part, pursuant to Section 5, and due to measures taken to implement social distancing requirements, suspended planning deadlines and automatic approvals; and
WHEREAS, on April 24, 2020, the Director of Emergency Services issued a Twelfth Supplement to the Executive Order, which, in part, pursuant to Sections 1 through 3, and due to measures taken to implement social distancing requirements, including the closure of City Hall and other City facilities, that resulted in unavoidable delays in the City’s processing of planning and permit related applications and in actions required to be taken under planning entitlements and permits, tolled deadlines for reviewing and acting on planning applications, exercising rights under planning entitlements, and expiration of building permits; and
WHEREAS, on May 29, 2020, the Director of Emergency Services issued an Eighteenth Supplement to the Executive Order which, in part, pursuant to Sections 1 through 6, due to continuing social distancing requirements, including limitations on occupancy at offices and businesses and limitations on construction activities, that

7.A.b
Packet Pg. 197 Attachment: CDD--Permit Timeframe Exetension Emergency Ordinance 01.25.2022 (4680 : Emergency IZO for Permitting Time Extensions) 3 continued to result in unavoidable delays in the City’s processing of planning and permit related applications and in actions required to be taken under planning entitlements and permits, superseded and replaced Section 5 of the Revised Fourth Supplement and Sections 1 through 3 of the Twelfth Supplement to extend for two years the deadlines for planning, review, and permit-related actions; and
WHEREAS, on November 23, 2020, the Director of Emergency Services issued a Twenty-Eighth Supplement to the Executive Order, which, in part pursuant to Sections 18 to 24, clarified that the two-year extension of deadlines for planning, review, and permit actions implemented by the Third Revised Eighteenth Supplement does not extend the deadlines for appeals as set forth in Articles VIII and IX of the Santa Monica Municipal Code; and
WHEREAS, since April 2020, the City has continued to engage in an economic recovery strategy that involves a multi-pronged approach focusing on five areas:
business retention and reopening; business process and permitting; publicity and marketing, community economic development, re-employment, and local hiring; and federal and state resources; and
WHEREAS, economic uncertainty arising out of the COVID-19 pandemic continues; and
WHEREAS, the City has an important government interest in maintaining a thriving business community and protecting the health, safety, and economic welfare of its citizens and businesses; and
WHEREAS, due to social distancing requirements, including limitations on occupancy at offices and businesses and limitations on construction activities, that

7.A.b
Packet Pg. 198 Attachment: CDD--Permit Timeframe Exetension Emergency Ordinance 01.25.2022 (4680 : Emergency IZO for Permitting Time Extensions) 4 resulted in unavoidable delays in the City’s processing of planning and permit related applications and in actions required to be taken under planning entitlements and permits, continued economic uncertainty due to the COVID-19 pandemic which has affected both business operations and the construction industry, and to further the City’s economic recovery efforts, the City Council desires to amend portions of Article VIII and the Landmarks Ordinance to codify two-year extensions for building permits, seismic retrofit compliance, and commencement of work authorized pursuant to a Certificate of Appropriateness previously extended through the Emergency Order, and to extend permits eligible for such extensions through December 31, 2022; and WHEREAS, the economic impacts of the COVID-19 pandemic devastated nearly all of the City’s revenue streams, including sales tax, transient occupancy tax, parking revenue, and business license revenue; and
WHEREAS, after reviewing these impacts at its April 14, 2020 meeting, the City Council directed staff to develop a plan to restructure City operations to meet the challenges posed by COVID-19 and to balance the budget; and WHEREAS, on May 5, 2020, the City Council adopted a restructuring plan (the “Restructuring Plan”) to: merge divisions from the Planning and Community Development and Community Services Departments into the Community Development and Community Services Departments; and
WHEREAS, on June 9, 2020, as part of the Restructuring Plan, the City Council approved City staff’s recommendation regarding a restructured historic preservation program, and on June 23, 2020, the City Council adopted the FY 2020-21 Operating Budget, including a final approval of the restructured historic preservation program; and

7.A.b
Packet Pg. 199 Attachment: CDD--Permit Timeframe Exetension Emergency Ordinance 01.25.2022 (4680 : Emergency IZO for Permitting Time Extensions) 5 WHEREAS, the restructured historic preservation program reflects a substantial reduction in staff support for the historic preservation program; and WHEREAS, the City Council desires to amend the Landmarks Ordinance to extend deadlines for processing applications for designation of Structures of Merits and Landmarks and for Certificates of Appropriateness to reflect the reduction in resources; and
WHEREAS, based on the findings contained in this ordinance and material presented in the accompanying Staff Report, the City Council finds and declares that taking emergency action to adopt this ordinance is necessary to protect and preserve the public peace, health, and safety.

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SANTA MONICA DOES HEREBY ORDAIN AS FOLLOWS:

SECTION 1. Santa Monica Municipal Code Section 8.08.070 is hereby amended to read as follows:

8.08.070 Permit issuance, extension and renewal.
(a) Issuance. If the Building Officer finds that the work described in an application for a permit and submittal documents conforms to the requirements of this Article, the California Building Standards Code and other pertinent laws and ordinances, and that the applicant has paid all required fees, the Building Officer shall issue a permit for the work to the applicant. When a permit is issued for which plans are required, the construction documents shall be approved in writing or by stamp.

No building permit or demolition permit shall be issued by the City for any development that requires a coastal development permit under the California Coastal Act

7.A.b
Packet Pg. 200 Attachment: CDD--Permit Timeframe Exetension Emergency Ordinance 01.25.2022 (4680 : Emergency IZO for Permitting Time Extensions) 6 of 1976, Public Resources Code Section 30000 et seq., until such time as a coastal development permit has been issued for such development. (b) Partial Permit. The Building Officer may issue a permit for the construction of part of a building, structure or building service equipment before the entire plans and specifications for the whole building, structure or building service equipment have been submitted or approved, provided adequate information and detailed statements have been filed complying with all pertinent requirements. The holder of a partial permit shall proceed without assurance that the permit for the entire building, structure or building service will be granted.
(c) Expiration. Every permit issued under the provisions of this Code expires by limitation and becomes null and void when any of the following circumstances is applicable:
(1) Failure to Start Construction. If the building or work authorized by such permit is not started within one year from the date of permit issuance; (2) Cessation of Work. If the building or work authorized is suspended or abandoned at any time after the work has started, for a period of one hundred eighty days or more;
(3) Time to Complete. In addition to subsections (1) and (2) above, every permit issued under the provisions of this Chapter expires by limitation and becomes null and void when the time allowed to complete all work authorized by the permit exceeds the following time periods set forth in this subsection, based on valuation.: When a project is divided into separate permits for the convenience of the owner or tenants, and the work on such permits is to be done concurrently,

7.A.b
Packet Pg. 201 Attachment: CDD--Permit Timeframe Exetension Emergency Ordinance 01.25.2022 (4680 : Emergency IZO for Permitting Time Extensions) 7 the time allowed to complete all work on each separate permit shall be equal to the time period for the total valuation of the separate permits. (A) Except as provided in subsection (B), the time allowed to complete all work authorized by a permit shall be as follows:

Valuation Time Allowed
Under $300,000.00 12 months
$300,001.00 to $1,000,000.00 24 months
$1,000,001.00 to $20,000,000.00 36 months
Over $20,000,000.00 48 months
(B) Notwithstanding subsection (A), the time allowed to complete all work authorized by a permit (i) issued and active as of March 13, 2020; (ii) issued between March 13, 2020 and December 31, 2022; or (iii) issued pursuant to a complete application submitted between March 13, 2020 and December 31, 2022, shall be as follows:

Valuation Time Allowed
Under $300,000.00 36 months
$300,001.00 to $1,000,000.00 48 months
$1,000,001.00 to $20,000,000.00 60 months
Over $20,000,000.00 72 months
When a project is divided into separate permits for the convenience of the owner or tenants and the work on such permits is to be done concurrently, the time allowed to complete all work on each separate permit shall be equal to the time period for the total valuation of the separate permits.
(d) Extensions.

7.A.b
Packet Pg. 202 Attachment: CDD--Permit Timeframe Exetension Emergency Ordinance 01.25.2022 (4680 : Emergency IZO for Permitting Time Extensions) 8 (1) Extensions of time from the stated periods in subsection (c) above may be permitted for good reason, provided such requests are submitted to the Building Officer in writing prior to permit expiration. The written request must demonstrate that:
(A) Due to circumstances beyond the owner’s or permittee’s control, construction could not be commenced, continued or completed in the authorized time period;
(B) If construction has started, substantial progress has been made;
(C) The condition of the property presents no health or safety hazard; and
(D) The continued delay will not create any unreasonable aesthetic impact to the neighborhood or substantial economic detriment to neighboring property owners.
(2) The time periods set forth to start construction within 180 one hundred eighty days or resume construction after cessation of work for 180 one hundred eighty days may each be extended no more than once, and the time period set forth to complete construction may be extended no more than three times; however, if the project includes the preservation of a designated City of Santa Monica landmark, the period to complete construction may be extended no more than four times. Each extension of time shall not exceed 180 one hundred eighty days.

7.A.b
Packet Pg. 203 Attachment: CDD--Permit Timeframe Exetension Emergency Ordinance 01.25.2022 (4680 : Emergency IZO for Permitting Time Extensions) 9 (e) Extension Request Appeals. The decision of the Building Officer may be appealed to the Director of Planning and Community Development, who shall conduct a de novo review. Any such appeal shall be filed in writing within seven days of the decision of the Building Officer. The decision of the Director of Planning and Community Development shall be final.
(f) Renewal. Before any work authorized under an expired permit can be recommenced, the permit holder shall file an application for renewal. Such application shall include all original submittal documents and shall identify any changes that have been made or will be made in the original plans and specifications for such work.

If the Building Officer finds that the work remaining to be completed under the permit conforms to the requirements of applicable codes and standards and other pertinent laws and ordinances, and that the applicant has paid all required fees, the Building Officer shall renew the permit for the work to the applicant. No work shall recommence until the renewal application and submittal documents are approved.

SECTION 2. Santa Monica Municipal Code Section 8.60.040 is hereby amended to read as follows:

8.60.040 Time limits for compliance
(a) Except as provided in subsection (b), the The owner of any URM building covered by this Chapter shall comply with the following time limits:

Action by Building Owner Time Limits from Date of Service of Order Structural Evaluation Report 90 Days or 3 Months
Application for Building Permit and Submission of Plans 180 Days or 6 Months Final Approval 2 Years or 24 Months

7.A.b
Packet Pg. 204 Attachment: CDD--Permit Timeframe Exetension Emergency Ordinance 01.25.2022 (4680 : Emergency IZO for Permitting Time Extensions) 10 (b) Notwithstanding subsection (a) above, the owner of any URM building covered by this Chapter that has received a permit: (1) issued and active as of March 13, 2020; (2) issued between March 13, 2020 and December 31, 2022; or (3) issued pursuant to a complete application submitted between March 13, 2020 and December 31, 2022 shall comply with the following time limits.

Action by Building Owner Time Limits from Date of Service of Order Structural Evaluation Report 2 years, 3 Months; or 27 Months Application for Building Permit and Submission of Plans 2 years, 6 Months; or 30 Months Final Approval 4 Years or 48 Months
SECTION 3. Santa Monica Municipal Code Section 8.64.060 is hereby amended to read as follows:

8.64.060 Time limits for compliance
(a) Except as provided in subsection (b) below, the The owner of any building covered by this Chapter shall comply with the following time limits.

Action by Building Owner Time Limits from Date of Service of Order Structural Evaluation Report 120 Days or 4 Months
Application for Building Permit and Submission of Plans 270 Days or 9 Months Final Approval 3 Years or 36 Months
(b) Notwithstanding subsection (a) above, the owner of any building covered by this Chapter that has received a permit: (1) issued and active as of March 13, 2020; (2) issued between March 13, 2020 and December 31, 2022; or (3) issued pursuant to a complete application submitted between March 13, 2020 and December 31, 2022 shall comply with the following time limits.

7.A.b
Packet Pg. 205 Attachment: CDD--Permit Timeframe Exetension Emergency Ordinance 01.25.2022 (4680 : Emergency IZO for Permitting Time Extensions) 11 Action by Building Owner Time Limits from Date of Service of Order Structural Evaluation Report 2 years, 4 Months; or 28 Months Application for Building Permit and Submission of Plans 2 years, 9 Months; or 33 Months Final Approval 5 Years or 60 Months
SECTION 4. Santa Monica Municipal Code Section 8.72.050 is hereby amended to read as follows:

8.72.050 Time limits for compliance
The owner of any building covered by this Chapter shall comply with the following time limits.

Action by Building Owner Time Limits from Date of Service of Order Structural Evaluation Report 42 Years or 4824 Months
Application for Building Permit and Submission of Plans 53 Years or 6036 Months Final Approval 86 Years or 9672 Months
SECTION 5. Santa Monica Municipal Code Section 8.76.060 is hereby amended to read as follows:

8.76.060 Time limits for compliance
(a) Except as provided in subsection (b) below, the The owner of any building covered by this Chapter shall comply with the following time limits.

Action by Building Owner Time Limits from Date of Service of Order Structural Evaluation Report 3 Years or 36 Months
Application for Building Permit and Submission of Plans 12 Years or 144 Months Final Approval 20 Years or 240 Months
(b) Notwithstanding subsection (a) above, the owner of any building covered by this Chapter that has received a permit: (1) issued and active as of March 13, 2020;

7.A.b
Packet Pg. 206 Attachment: CDD--Permit Timeframe Exetension Emergency Ordinance 01.25.2022 (4680 : Emergency IZO for Permitting Time Extensions) 12 (2) issued between March 13, 2020 and December 31, 2022; or (3) issued pursuant to a complete application submitted between March 13, 2020 and December 31, 2022 shall comply with the following time limits.

Action by Building Owner Time Limits from Date of Service of Order Structural Evaluation Report 5 Years or 60 Months
Application for Building Permit and Submission of Plans 14 Years or 168 Months Final Approval 22 Years or 264 Months
SECTION 6. Santa Monica Municipal Code Section 8.80.060 is hereby amended to read as follows:

8.80.060 Time limits for compliance
(a) Except as provided in subsection (b) below, the The owner of any building covered by this Chapter shall comply with the following time limits.

Action by Building Owner Time Limits from Date of Service of Order Structural Evaluation Report 3 Years or 36 Months
Application for Building Permit and Submission of Plans 4 Years, 6 Months or 54 Months Final Approval 10 Years or 120 Months
(b) Notwithstanding subsection (a) above, the owner of any building covered by this Chapter that has received a permit: (1) issued and active as of March 13, 2020; (2) issued between March 13, 2020 and December 31, 2022; or (3) issued pursuant to a complete application submitted between March 13, 2020 and December 31, 2022 shall comply with the following time limits.

Action by Building Owner Time Limits from Date of Service of Order Structural Evaluation Report 5 Years or 60 Months
Application for Building Permit and Submission of Plans 6 Years, 6 Months or 78 Months Final Approval 12 Years or 144 Months

7.A.b
Packet Pg. 207 Attachment: CDD--Permit Timeframe Exetension Emergency Ordinance 01.25.2022 (4680 : Emergency IZO for Permitting Time Extensions) 13 SECTION 7. Santa Monica Municipal Code Section 9.56.090 is hereby amended to read as follows:

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

A. 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 thirty 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.

B. 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.

C. 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

7.A.b
Packet Pg. 208 Attachment: CDD--Permit Timeframe Exetension Emergency Ordinance 01.25.2022 (4680 : Emergency IZO for Permitting Time Extensions) 14 shall be scheduled before the Landmarks Commission within ninety one hundred 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.

D. Not more than twenty days and not less than ten 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 three hundred 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.

E. At the conclusion of the public hearing, or any continuation thereof, No later than ninety days from the determination that the application is complete, 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 thirty-five 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 thirty-five day time period at the conclusion of the public hearing, the application for such designation shall be deemed disapproved, and it shall be the duty of the Director to certify such disapproval.

7.A.b
Packet Pg. 209 Attachment: CDD--Permit Timeframe Exetension Emergency Ordinance 01.25.2022 (4680 : Emergency IZO for Permitting Time Extensions) 15 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.

F. 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.

G. 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.

H. 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.

I. 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.

J. 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.

K. 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

7.A.b
Packet Pg. 210 Attachment: CDD--Permit Timeframe Exetension Emergency Ordinance 01.25.2022 (4680 : Emergency IZO for Permitting Time Extensions) 16 of five 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 five year time period.

L. 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 ninety 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.

SECTION 8. Santa Monica Municipal Code Section 9.56.120 is hereby amended to read as follows:

9.56.120 Landmark Designation Procedure
Landmarks shall be designated by the Landmarks Commission in accordance with the following procedure:

7.A.b
Packet Pg. 211 Attachment: CDD--Permit Timeframe Exetension Emergency Ordinance 01.25.2022 (4680 : Emergency IZO for Permitting Time Extensions) 17 A. 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 thirty 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.

B. 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.

C. 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 one hundred sixty-five 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.

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Packet Pg. 212 Attachment: CDD--Permit Timeframe Exetension Emergency Ordinance 01.25.2022 (4680 : Emergency IZO for Permitting Time Extensions) 18 D. Not more than twenty days and not less than ten 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 three hundred 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.

E. 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 thirty-five sixty-five 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 thirty-five sixty-five 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.

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Packet Pg. 213 Attachment: CDD--Permit Timeframe Exetension Emergency Ordinance 01.25.2022 (4680 : Emergency IZO for Permitting Time Extensions) 19 F. 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.

G. 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.

H. Within thirty-five days after the decision has been rendered, the Commission shall approve a statement of official actions which shall include:

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

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

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

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

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Packet Pg. 214 Attachment: CDD--Permit Timeframe Exetension Emergency Ordinance 01.25.2022 (4680 : Emergency IZO for Permitting Time Extensions) 20 I. 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.

J. 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 five 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 five year time period.

SECTION 9. Santa Monica Municipal Code Section 9.56.170 is hereby amended to read as follows:

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:

A. 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

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Packet Pg. 215 Attachment: CDD--Permit Timeframe Exetension Emergency Ordinance 01.25.2022 (4680 : Emergency IZO for Permitting Time Extensions) 21 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 thirty 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.

B. The Director shall schedule a public hearing to be held within sixty-five fortyfive 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.

C. Not more than twenty days and not less than ten 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

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Packet Pg. 216 Attachment: CDD--Permit Timeframe Exetension Emergency Ordinance 01.25.2022 (4680 : Emergency IZO for Permitting Time Extensions) 22 real property within three hundred 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 three hundred 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.

D. 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.

E. 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.

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Packet Pg. 217 Attachment: CDD--Permit Timeframe Exetension Emergency Ordinance 01.25.2022 (4680 : Emergency IZO for Permitting Time Extensions) 23 F. 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.

G. 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.

H. 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 following time frames, unless the work authorized by the Certificate of appropriateness has commenced:

1. Except as provided in paragraph 2 below, one year from the its date of issuance unless the work authorized by the certificate has been commenced.

2. Notwithstanding paragraph 1 above, three years from the date of issuance for a Certificate of Appropriateness:
a. Issued and active as of March 13, 2020;
b. Issued between March 13, 2020 and December 31, 2022; or

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Packet Pg. 218 Attachment: CDD--Permit Timeframe Exetension Emergency Ordinance 01.25.2022 (4680 : Emergency IZO for Permitting Time Extensions) 24 c. Issued in accordance with a complete application that was submitted between March 13, 2020 and December 31, 2022.

3. In addition, any such certificate of appropriateness or certificate of economic hardship 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.

I. 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.

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

1. 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

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Packet Pg. 219 Attachment: CDD--Permit Timeframe Exetension Emergency Ordinance 01.25.2022 (4680 : Emergency IZO for Permitting Time Extensions) 25 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.

2. 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 one hundred eighty 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 one hundred eighty 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 one hundred eighty day period has expired, a new and separate certificate of appropriateness or certificate of economic hardship application would be

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Packet Pg. 220 Attachment: CDD--Permit Timeframe Exetension Emergency Ordinance 01.25.2022 (4680 : Emergency IZO for Permitting Time Extensions) 26 required to be re-filed. This application shall be subject to the same conditions as the prior application.

L. 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.

SECTION 10. The City Council finds, based on the findings above and the reasons set forth in the Staff Report accompanying this Ordinance, that it is necessary to adopt this Ordinance as an emergency measure to preserve the public peace, health and safety.

SECTION 11. Any provision of the Santa Monica Municipal Code or appendices thereto inconsistent with the provisions of this Ordinance, to the extent of such inconsistencies and no further, is hereby repealed or modified to that extent necessary to effect the provisions of this Ordinance.

SECTION 12. If any section, subsection, sentence, clause, or phrase of this Ordinance is for any reason held to be invalid or unconstitutional by a decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this Ordinance. The City Council hereby declares that it would have passed this Ordinance and each and every section, subsection, sentence, clause, or phrase not declared invalid or unconstitutional without regard to whether

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Packet Pg. 221 Attachment: CDD--Permit Timeframe Exetension Emergency Ordinance 01.25.2022 (4680 : Emergency IZO for Permitting Time Extensions) 27 any portion of the ordinance would be subsequently declared invalid or unconstitutional.

SECTION 13. The Mayor shall sign and the City Clerk shall attest to the passage of this Ordinance. The City Clerk shall cause the same to be published once in the official newspaper within 15 days after its adoption. This Ordinance shall become effective 30 days from its adoption.

APPROVED AS TO FORM:
_______________________

JOSEPH LAWRENCE
Interim City Attorney

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Packet Pg. 222 Attachment: CDD--Permit Timeframe Exetension Emergency Ordinance 01.25.2022 (4680 : Emergency IZO for Permitting Time Extensions) Emergency Interim Zoning Ordinance (IZO)
Extend Permitting Timelines
City Council Meeting
January 25, 2022

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Packet Pg. 223 Attachment: PowerPoint Presentation (4680 : Emergency IZO for Permitting Time Purpose
• Convert COVID emergency orders related to permitting
timelines to Emergency Interim Zoning Ordinance and
Emergency Ordinance.
• In response to feedback from applicants that additional time to exercise permit rights is helpful during this uncertain economic environment and associated issues (e.g. shortage of labor/materials impacting construction)

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Packet Pg. 224 Attachment: PowerPoint Presentation (4680 : Emergency IZO for Permitting Time Proposed Interim Zoning Ordinance (IZO)
Emergency IZO: Planning Permit Extensions
• Extend Deadlines to Exercise/Pursue Rights Granted via Planning Entitlements/Permits/Approvals by 2 Years
• Approvals Issued/Still Active as of March 13, 2020;
• Issued between March 13, 2020 and December 31, 2022;
• Applications Received between March 13, 2020 and December 31, 2022 (per • SMMC Chapter 9.01-9.52);
• Allow First Time Extension Request for Expiring Permits to be filed at any time at least 30 Days prior to Permit Expiration Date

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Packet Pg. 225 Attachment: PowerPoint Presentation (4680 : Emergency IZO for Permitting Time Proposed Emergency Ordinance
Emergency Ordinance: Building Permit & Landmark Timeframes • Amend SMMC 8.08.070:
• Extend Deadlines for Expiration of Building Permits/Plan Reviews/Related Approvals by 2 Years;
• Approvals Issued/Still Active as of March 13, 2020;
• Issued between March 13, 2020 and December 31, 2022;
• Applications Received between March 13, 2020 and December 31, 2022; • Amend Landmarks Ordinance:
• Extend Certain Public Hearing Deadlines for Application Processing:
• Structure of Merit & Landmark Designations
• Certificates of Appropriateness
• Extend Certificate of Appropriateness Permit expiration by 2 Years

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Packet Pg. 226 Attachment: PowerPoint Presentation (4680 : Emergency IZO for Permitting Time Background
• March 13, 2020: Declared Local Emergency due to COVID-19 • April 28, 2020: Economic Recovery Plan including 5 Policy Areas:
• Business Retention/Reopening
• Business Process/Permitting Improvements
• Outreach/Marketing
• Community Economic Development/Local Hire
• Federal & State Resources/Funding Partnerships
• Series of Supplements to Emergency Order including:
• Suspended & Extended Deadlines for Planning & Permit-Related Actions • Extended Exercise Rights to Planning Entitlements & Issued Building Permits as of March 13, 2020.
• Processing Timeframes (Zoning & Landmarks Ordinance) also Suspended • Multiple Extensions Issued through Emergency Orders during Pandemic

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Packet Pg. 227 Attachment: PowerPoint Presentation (4680 : Emergency IZO for Permitting Time Permit Expiration Timelines
• Time to obtain building permit or commence use for Planning Entitlements • 2 Years to obtain building permit or commence use
• 3 Years for Affordable Housing Projects (of at least 50% affordable units) • Additional 6 Months for properties located in Coastal Zone • Time to obtain building permit or commence use for Certificate of Appropriateness (designated historic resources only)
• 1 Year to obtain building permit/commence scope of work) • Building Permits
• Plan Check Review: 1 year (one 6-month extension)
• Building Permits: 1 year to start construction (with at least 1 inspection every 180 days) Proposed Amendment:
• Additional 2 Years for permit expiration for projects active as of March 13, 2020 through December 31, 2022 (does not apply to seismic retrofit)
• Why?
• Support permitting through economic uncertainty

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Packet Pg. 228 Attachment: PowerPoint Presentation (4680 : Emergency IZO for Permitting Time Permit Extensions and Landmarks Review Timelines
• Procedure to Request Time Extensions for Expiring Permits • No Extension may be requested earlier than 6 months prior to permit expiration Proposed Amendment:
• Allow extension request at any time prior to 30 days before permit expiration date • Landmarks Ordinance Public Hearing Timeframes [SMMC 9.56.090, 9.56.120, 9.56.170] • Structure of Merit Designations: 90 days [determination within] 100 days [ 1st Hearing held within]
35 days [determination thereafter 1st hearing]
• Landmark Designations: 65 days [ 1st Hearing held within] 100 days [ 1st Hearing held within]
35 days [determination thereafter 1st hearing]
• Certificate of Appropriateness: 45 days
65 days [ 1st Hearing held within]
[C of A determination timeframe to remain unchanged]

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Packet Pg. 229 Attachment: PowerPoint Presentation (4680 : Emergency IZO for Permitting Time Recommendation

1. Adopt Emergency IZO: Planning Permit Extension

2. Adopt Emergency Ordinances:

Building Permit & Landmark Ordinance Timeframes

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Packet Pg. 230 Attachment: PowerPoint Presentation (4680 : Emergency IZO for Permitting Time City Council Report
City Council Meeting: January 25, 2022
Agenda Item: 7.B
1 of 11
To: Mayor and City Council
From: David Martin, Director, Administration
Subject: Introduction and Adoption of an Emergency Interim Ordinance Amending Interim Zoning Regulations Established by Emergency Interim Zoning Ordinance Number 2636 (CCS) and Extended and Amended by Emergency Interim Zoning Ordinance Numbers 2658, 2667 and 2682 (CCS) for Economic Recovery of the BC (Promenade) District and Those Portions of the BC (2nd and 4th Street) District Bounded by Second Street to the West, Broadway to the South, 4th Street to the East, and Wilshire Boulevard to the North to Increase Flexibility for Automobile/Vehicle Showrooms.

Recommended Action
Staff recommends that the City Council:

Summary
As retail environments across the region and country continue to evolve, there is a need to adjust allowed uses and activities to enable economic recovery and provide increased flexibility to minimize vacancies in the district. The Third Street Promenade, as Santa Monica’s primary retail destination, has been undertaking such an evolution, allowing new and diverse uses previously not permitted, including automobile dealerships for alternative fuel vehicles. Recent inquiries have been made to potentially enable all vehicle types to have showrooms Downtown. The change can be immediately

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enabled with the existing interim Zoning Ordinance for the area that is in effect through the end of 2022.

Background
The Third Street Promenade has long served as a local, regional, national, and international destination, attractive for its blend of retail, dining, services, outdoor atmosphere, entertainment, and proximity to the beach. The ongoing COVID-19 pandemic and subsequent economic recovery has been difficult for many segments of the economy, and Santa Monica’s Downtown area, including the Promenade, is experiencing the same uncertainty with the vacancy rate along the Promenade recently rising to almost 25%. Staff and community stakeholders continue to be concerned about the health and vitality of Downtown overall and the Third Street Promenade area in particular.

In December 2011, prior to the adoption of the Downtown Community Plan, Council adopted Ordinance Number 2384 (CCS), amending the Zoning Ordinance to allow showrooms for alternative fuel vehicles. The policy was continued with the 2017 adoption of the Downtown Community Plan. At the time of its original adoption, alternative fuel vehicles were still an emerging technology, but due to the sustainability aspects of alternative fuel vehicles and changing marketing for such vehicles, the City permitted alternative fuel vehicle showrooms in the Downtown area. Since the adoption of Ordinance 2384 in 2011, the number of traditional fuel vehicle manufacturers that have expanded product lines to include hybrid and electric vehicles has increased rapidly, with many manufacturers announcing plans to electrify large portions of their fleets over the next decade.

Interim Zoning Ordinance Changes
The changes proposed with this ordinance are the latest in an ongoing effort to be responsive to the rapidly evolving retail and Downtown land use marketplace.

Council adopted Emergency Interim Zoning Ordinance Number 2636 (CCS) (“IZO 2636”), on May 12, 2020, which established interim zoning regulations to support the

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economic recovery of local businesses impacted by the COVID-19 pandemic for the Third Street Promenade area bounded by 2nd Street to the west, Broadway to the south, 4 th Street to the east, and Wilshire Boulevard to the north. The interim regulations streamlined processes for simple changes of use to remove barriers to the establishment of common neighborhood-serving uses. Changes permitted the multitenant Food Halls and Light Industry uses such as breweries, roasteries, and artisan activities; the initial ordinance also eliminated the need for a Conditional Use Permit (CUP) to convert space from a food serving use to retail or other uses.

Subsequent amendments to the Emergency IZO adopted by Council on November 10, 2020 (“IZO 2658”), April 13, 2021 (“IZO 2667”), and September 28, 2021 (“IZO 2682”) made minor changes to allow more flexible loading standards, clarify physical training use standards, prohibit fast-food restaurants, enable design and use flexibility, and extend the interim zoning regulations until December 31, 2022. The most recent decisions by Council enable liquor stores, medical and dental offices, grooming and pet stores, and tattoo and body modification parlors – one of which is already open for business on the Promenade.

Past Council Actions
Meeting Date Description
05/12/20
(attachment A)
Adoption of Emergency Interim Zoning Ordinance Number 2636 to Support and Facilitate the Economic Recovery of the Third Street Promenade Area
11/10/20
(attachment B)
Adoption of Emergency Interim Zoning Ordinance Number 2658 to Extend Interim Zoning Regulations Adopted by Emergency Interim Zoning Ordinance Number 2636 for Economic Recovery in the City’s Downtown Districts
4/13/21
(attachment C)
Adoption of Emergency Interim Ordinance Number 2667 Making Minor Changes, Corrections and Clarifications to Interim Zoning Regulations Established by Emergency Interim Zoning Ordinance Number 2636 (CCS) and Extended by Emergency Interim Zoning Ordinance Number 2658 (CCS) for Economic Recovery in the City’s BC (Promenade) District and Those Portions of the BC (2nd and 4th Street) District Bounded by Second Street to the West, Broadway to the South, 4th Street to the East, and Wilshire Boulevard to the North
9/28/21 Adoption of an Emergency Interim Ordinance Number 2682

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(attachment D) Making Minor Changes, Corrections and Clarifications to Interim Zoning Regulations Established by Emergency Interim Zoning Ordinance Number 2636 (CCS) and Extended by Emergency
Interim Zoning Ordinance Number 2658 (CCS) for Economic Recovery in the City’s BC (Promenade) District and Those Portions of the BC (2nd and 4th Street) District Bounded by Second Street to the West, Broadway to the South, 4th Street to the East, and Wilshire Boulevard to the North
Discussion
Due to the continued economic uncertainty arising out of the COVID-19 pandemic, the high vacancy rate along the Promenade, and the number of traditional fuel vehicle manufacturers that have expanded product lines to include hybrid and electric vehicles, including plans to electrify large portions of their fleets over the next decade, staff recommends one additional change to increase flexibility of use and opportunities for economic recovery by enabling automobile dealer showrooms for vehicles of any fuel type within the Third Street Promenade area. As indicated in Specific Limitation #8, only automobile dealer showrooms will continue to be permitted. Ancillary activities such as automobile repair, storage, and servicing would not be permitted.

This change would be consistent with the overall retail and auto industry trend of locating showrooms in high pedestrian areas such as shopping districts and centers.

Having a wide range of retailers, experiences, and attractions on the Third Street Promenade supports it as a destination and community resource.

The proposed change to the IZO land use table is detailed below. The table is consistent with the formatting of the existing land use table. A key of designations is contained in the bulleted list before the table and the section ends with the limitations indicated in the table itself, such as L(1) and are listed after the table. The recommendation would change L(8) by deleting the reference to alternative fuel vehicles. In the table:
• “P” designates permitted uses.

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• “L(#)” designates limited uses, which are permitted by right, provided they comply with specific limitations listed at the end of the table. • “MUP” designates use classifications that are permitted after review and approval of a Minor Use Permit.
• “CUP” designates use classifications that are permitted after review and approval of a Conditional Use Permit.
• “-“ designates uses that are not permitted.

Use Classification BC
(Promenade)
BC
(2nd & 4th
Streets)
Additional Regulations
Residential Uses
Residential Housing Types See sub-classifications below.

Single Unit Dwelling L(1) L(1)
Accessory Dwelling Unit P P
Section 9.31.025,
Accessory Dwelling Units
and Junior Accessory
Dwelling Units
Junior Accessory Dwelling Unit P P
Section 9.31.025,
Accessory Dwelling Units
and Junior Accessory
Dwelling Units
Duplex L(1) L(1)
Multiple-Unit Structure L(1) L(1)
Senior Citizen Multiple-Unit Residential L(1) L(1)
Single-Room Occupancy Housing L(1) L(1)
Group Residential L(1) MUP, L(1)
Congregate Housing L(1) CUP, L(1)
SMMC Section 9.31.110,
Congregate and
Transitional Housing
Senior Group Residential L(1) MUP, L(1) SMMC Section 9.31.310, Senior Group Residential
Elderly and Long-Term Care L(1) L(1)
Emergency Shelters CUP/L(1) L(1),
L(6)/CUP
Family Day Care See sub-classifications below.

Large L(1) L(1) SMMC Section 9.31.140,
Family Day Care, Large
Small L(1) L(1)
Residential Facilities See sub-classifications below.

Residential Care, General L(1) L(1) SMMC Section 9.31.270, Residential Care
Facilities
Residential Care, Limited L(1) L(1)
Residential Care, Senior L(1) L(1)
Hospice, General L(1) L(1)
Hospice, Limited L(1) L(1)
Supportive Housing L(1) L(1)
Transitional Housing L(1) L(1)

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Use Classification BC
(Promenade)
BC
(2nd & 4th
Streets)
Additional Regulations
Public and Semi-Public Uses
Adult Day Care L(1) L(1)
Child Care and Early Education Facilities P P
SMMC Section 9.31.120,
Child Care and Early
Education Facilities
Colleges and Trade Schools, Public or Private L(1) L(1) Community Assembly L(15) P
Community Gardens - P
Cultural Facilities P P
Hospitals and Clinics L(1) L(1)
Park and Recreation Facilities, Public P P
Public Safety Facilities P P
Schools, Public or Private L(1) P
Social Service Centers - P
SMMC Section 9.31.350,
Social Service Centers
Commercial Uses
Animal Care, Sales, and Services See sub-classifications below.

Grooming and Pet Stores P L(5)/CUP
No more than 10 dogs or
cats can be kept
overnight
Pet Day Care Services - MUP
Veterinary Services P MUP
Automobile/Vehicle Sales and Service See sub-classifications below.

Alternative Fuels and Recharging Facilities - -
Automobile Rental L(10) L(10)
Automobile Storage Use - -
New Automobile/Vehicle Sales and Leasing L(8),
L(5)/CUP
L(8),
L(5)/CUP
Additions 7,500 sq ft or less to Automobile/
Vehicle Sales and Leasing buildings existing
as of 7/06/2010
- -
SMMC Section 9.31.070
Automobile/ Vehicle
Sales, Leasing, and
Storage
Additions larger than 7,500 sq ft to
Automobile/Vehicle Sales and Leasing
buildings existing as of 7/06/2010
- -
Automobile/Vehicle Repair, Major - -
Automobile/Vehicle Service and Repair, Minor - -
Automobile/Vehicle Washing - -
Service Station - -
Towing and Impound - -
Banks and Financial Institutions See sub-classifications below.

Banks and Credit Unions - -
Check Cashing Businesses - -
Business Services L(15) L(5)/CUP
Commercial Entertainment and Recreation See sub-classifications below.

Cinemas & Theaters, up to 99 seats P P
Cinemas & Theaters, more than 99 seats P CUP
Convention and Conference Centers P CUP
Large-Scale Facility L(21)/CUP L(21)/CUP
Small-Scale Facility P L(5)/CUP SMMC Section 9.31.340
Small Scale Facility
Fortunetelling P P
Eating and Drinking Establishments See sub-classifications below.

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Use Classification BC
(Promenade)
BC
(2nd & 4th
Streets)
Additional Regulations
Bars/Nightclubs/Lounges P P
Restaurants, Full-Service, Limited Service &
Take-out (2,500 sq ft and smaller, including
Outdoor Dining and Seating)
L(22) P SMMC Section 9.31.040,
Alcoholic Beverage
Sales
SMMC Section 9.31.280,
Restaurants, Limited
Service, and Take-Out
Only
SMMC Section 9.31.200,
Outdoor Dining and
Seating
Restaurants, Full-Service, Limited Service &
Take-out (2,501 – 5,000 sq ft, including Outdoor
Dining and Seating)
L(22) P
Restaurants, Full-Service, Limited Service &
Take-out (greater than 5,000 sq ft, including
Outdoor Dining and Seating)
L(22) P
Food Hall P P
Equipment Rental - -
Food and Beverage Sales See sub-classifications below.

Convenience Market L(5)/CUP L(5)/CUP
SMMC Section 9.31.040,
Alcoholic Beverage
Sales
Farmers’ Market P P
General Market L(12)/ CUP L(12)/ CUP
SMMC Section 9.31.040,
Alcoholic Beverage
Sales
Liquor Stores P CUP
Funeral Parlors and Mortuaries - -
Instructional Services L(1),
L(5)/CUP L(5)/CUP
Live-Work L(1)(13) L(13) SMMC Section 9.31.170,
Live-Work
Lodging See sub-classifications below.

Bed and Breakfast P MUP SMMC Section 9.31.090,
Bed and Breakfasts
Hotels and Motels P CUP
Maintenance and Repair Services - -
Nurseries and Garden Centers - L(5)/CUP
SMMC Section 9.31.220,
Outdoor Retail Display
and Sales
Offices See sub-classifications below.

Business and Professional L(1) L(1)
Creative L(1) L(1)
Medical and Dental P L(1)
Walk-In Clientele L(1) L(5)/CUP
Outdoor Newsstands P P
SMMC Section 9.31.210,
Outdoor Newsstands
Parking, Public or Private - CUP
Personal Services See sub-classifications below.

General Personal Services P L(5)/CUP SMMC Section 9.31.230, Personal Service
Physical Training L(17),
L(21)/CUP
L(17),
L(5)/CUP

7.B
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Use Classification BC
(Promenade)
BC
(2nd & 4th
Streets)
Additional Regulations
Tattoo or Body Modification Parlor P MUP SMMC Section 9.31.230, Personal Service
Retail Sales See sub-classifications below.

Building Materials Sales and Services - -
SMMC Section 9.31.220,
Outdoor Retail Display
and Sales
General Retail Sales, Small-Scale P L(5)/CUP
General Retail Sales, Medium-Scale P CUP
General Retail Sales, Large-Scale - -
Medical Marijuana Dispensaries - -
SMMC Section 9.31.185,
Medical Marijuana
Dispensaries
Pawn Shops - -
Swap Meets - -
Industrial Uses
Artist’s Studio L(2) L(2)
Commercial Kitchens - -
Industry, Limited L(9) L(9)
Media Production See sub-classifications below.

Support Facilities L(1) L(1)
Transportation, Communication, and Utilities Uses
Bus/Rail Passenger Stations P P
City Bike Share Facility P P
Communication Facilities See sub-classifications below.

7.B
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(a) No individual ground floor tenant space shall occupy more than 7,500 square feet of floor area and/or exceed 50 linear feet of ground floor street frontage without a Conditional Use Permit.
(b) Ground floor tenant spaces in the Santa Monica Place are not subject to size limitations.
(6) Limited to shelters containing less than 55 beds; Conditional Use Permit required for emergency shelters with 55 or more beds.
(8) Limited to alternative fuel vehicle automobile/vehicle dealer showrooms only. (9) A minimum depth of 25 feet from the front parcel line adjacent to a street for the entire ground-floor street frontage shall be designed to accommodate interactive uses. For purposes of this limitation, interactive uses shall be commercial uses with an interactive element, including, but not limited to, retail sales, dining, demonstrations, or instruction.
(10) Permitted as an ancillary use to support a primary use. (12) General Markets greater than 15,000 square feet require approval of a Conditional Use Permit, except general markets in the Mixed-Use Boulevard district greater than 25,000 square feet require approval of a Conditional Use Permit.
(13) If the commercial use requires a MUP or CUP, an application shall be required in accordance with SMMC, Chapter 9.41. Even if the commercial use would otherwise be permitted, no such use shall be approved where, given the design or proposed design of the live-work unit, there would be the potential for adverse health impacts from the proposed use on the people residing in the unit. An example of a potential health impact is the potential for food contamination from uses that generate airborne particulates in a unit with an unenclosed kitchen. (15) Limited to the ground floor with frontage along 2nd Court and 3rd Court alleys or to upper floors.
(17) Youth-serving personal services, physical training requires review and approval of a passenger loading and drop-off plan by the Director.

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(21) No individual Fitness Center tenant space shall exceed 100 linear feet of ground floor street frontage without the approval of a Conditional Use Permit. (22) Restaurant, Limited-Service and Take-Out establishments with frontage on the Third Street Promenade and the following characteristics shall be prohibited:
(a) More than 150 locations nationwide at the time that the application for the establishment is deemed complete by the City; and
(b) Characteristics, including but not limited to, orders placed at a walk-up window, counter, or machine; payment prior to food consumption; and food served with disposable, one-time, or limited-use wrapping, containers, or utensils.

Alternative Actions
Council may choose to further limit the locations of auto dealer showrooms if there is concern of a potential over-concentration of the use or if there is concern with the appropriateness of the use on the Third Street Promenade versus Second and Fourth Street. The Council could adopt the recommendation with a modification setting a limit to the number of showrooms per block face. Alternatively, the Council could adopt the recommendation to only allow the use on the Third Street Promenade and not include the BC (Second and Fourth Streets) District.

Environmental Analysis
The proposed Interim Zoning Ordinance is exempt from the provisions of the California Environmental Quality Act (CEQA) pursuant to Section 15061(b)(3) of the State Implementation Guidelines (common sense exemption). Based on the evidence in the record, it can be seen with certainty that there is no possibility that the proposed changes may have a significant effect on the environment. Neither the general plan land use designations nor zoning designations for the properties within the Third Street Promenade Area will be changed. The current development standards and land use regulations for the properties within the Third Street Promenade Area were analyzed in an Environmental Impact Report (SCH #2013091056) certified in 2017 in conjunction

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with the adoption of the City’s Downtown Community Plan. Therefore, no further environmental review under CEQA is required.

Financial Impacts and Budget Actions
There is no immediate financial impact or budget action necessary as a result of the recommended actions at this time. Increasing flexibility in leasing should also help to boost other important City revenue streams, including sales tax, which are essential to the City’s fiscal health.

Prepared By: Beth Rolandson, Administrative Services Officer Approved Forwarded to Council
Attachments:

A. Adoption of Emergency Interim Zoning Ordinance Number 2636 Support and Facilitate Economic Recovery of Third Street Promenade Area 5/12/2020 (Web Link)
B. Adoption of Emergency Interim Zoning Ord Number 2658 Extending Interim Zoning Regulations Adopted by Emergency IZO No. 2636 for Economic Recovery in Downtown District 11/10/20 (Web Link)
C. Adoption of Emergency Interim Ord No. 2667 Making Minor Changes, Corrections & CClarifications to Interim Zoning Regulations Established by Emergency IZO No. 2636CCS 4/13/21 (Web Link)
D. Adoption of Emergency Interim Zoning Ordinance No. 2882 E. CCD-IZO-Promenade3.0 Economic Recovery Vitality Auto Dealer Changes20210125 DRAFT F. PowerPoint Presentation

7.B
Packet Pg. 241
1 City Council Meeting: January 25, 2022 Santa Monica, California ORDINANCE NUMBER _____ (CCS)
(City Council Series)

AN EMERGENCY INTERIM ZONING ORDINANCE OF THE CITY COUNCIL OF

THE CITY OF SANTA MONICA AMENDING INTERIM ZONING REGULATIONS ESTABLISHED BY EMERGENCY INTERIM ORDINANCE 2636 (CCS) AND

EXTENDED AND AMENDED BY EMERGENCY INTERIM ZONING
ORDINANCES 2658, 2667 AND 2682 (CCS) FOR ECONOMIC RECOVERY OF THE BC (PROMENADE) DISTRICT AND THOSE PORTIONS OF THE BC (2ND AND 4TH STREET) DISTRICT BOUNDED BY SECOND STREET TO THE WEST, BROADWAY TO THE SOUTH, 4TH STREET TO THE EAST, AND

WILSHIRE BOULEVARD TO THE NORTH TO INCREASE FLEXIBILITY FOR

AUTOMOBILE/VEHICLE SHOWROOMS
WHEREAS, on July 25, 2017, the City Council of the City of Santa Monica (the “City Council”) adopted the Downtown Community Plan (“DCP”) which sets forth a vision for the continued vitality of the Third Street Promenade as a major public space framed by a mix of retail, restaurants, and services that form unique experiences enjoyable to both residents and visitors; and WHEREAS, the DCP supports activities that enrich the Promenade, including street performances and events that enliven the street and provide memorable experiences for visitors, while also seeking to expand cultural opportunities including live music venues and upgraded state-of-the art cinemas; and

7.B.e
Packet Pg. 242 Attachment: CCD-IZO-Promenade3.0 Economic Recovery Vitality Auto Dealer Changes-20210125 DRAFT [Revision 1] (4909 : Emergency IZO to 2 WHEREAS, the DCP acknowledges that the Promenade is an essential component of the Downtown’s economic sustainability and emphasizes the importance of reevaluating and refreshing the Promenade so that it remains attractive and exciting to residents and visitors alike; and WHEREAS, DCP Goal LU3 contemplates that the Downtown will continue to be the economic center for the City, providing a diverse and flexible mix of uses that can meet future resident, business and visitor demand; and WHEREAS, the DCP incorporates the provisions of Ordinance Number 2384 (CCS), adopted by the City Council on December, 13, 2011 (“Ordinance 2384”), by allowing alternative fuel automobile/vehicle showrooms, subject to certain limitations; and
WHEREAS, in 2018, the City and Downtown Santa Monica, Inc. (“DTSM”) commenced a planning effort, “Promenade 3.0”, to study the future of the Third Street Promenade, and subsequently convened a “Promenade 3.0 Task force” to provide advice to the planning effort; and
WHEREAS, on December 12, 2018, the scope of the Promenade 3.0 planning effort was presented to the Planning Commission; and WHEREAS, in April 2019, the Promenade 3.0 Task Force, Third Street property owners, and the DTSM board reviewed and commented on a “Project Vision/Goals” document intended to provide guidance to the Promenade 3.0 planning effort as it imagines new alternatives to the Promenade’s physical design, amendments to the City’s zoning ordinances, and programmatic activities; and

7.B.e
Packet Pg. 243 Attachment: CCD-IZO-Promenade3.0 Economic Recovery Vitality Auto Dealer Changes-20210125 DRAFT [Revision 1] (4909 : Emergency IZO to 3 WHEREAS, the City, after receiving input from DTSM staff, property owners, leasing agents, and DTSM board members identified a variety of amendments to the City’s zoning ordinances to reduce or eliminate regulations that may impede or delay commencement of tenancies and business operations and increase opportunities for a variety of retail, restaurant, and service uses; and WHEREAS, the Promenade 3.0 planning effort was organized into three “lanes” of activities, with “Lane 2” focusing on the evaluation of regulatory changes to private property to encourage diverse and engaging businesses; and WHEREAS, in Spring 2019, City and DTSM staff identified a number of potential revisions to regulations and process that fell within the “Lane 2” category, which included modifications to zoning to increase opportunities for nightlife and entertainment, provide flexibility to divide spaces and change uses to better meet market conditions, and improve the function of alleys, outdoor dining areas, and other ancillary spaces; and
WHEREAS, on June 19, 2019, the “Project Vision/Goals” document was presented to the Planning Commission for review, and the Planning Commission adopted a resolution of intent to pursue zoning ordinance amendments relevant to “Lane 2”; and
WHEREAS, at a subsequent meeting on October 2, 2019, the Planning Commission requested that City staff explore greater flexibility with more administrative approvals than currently available for uses falling within “Lane 2” and consented to piloting new regulations through an Interim Zoning Ordinance (“IZO”); and

7.B.e
Packet Pg. 244 Attachment: CCD-IZO-Promenade3.0 Economic Recovery Vitality Auto Dealer Changes-20210125 DRAFT [Revision 1] (4909 : Emergency IZO to 4 WHEREAS, at a Promenade 3.0 study session on November 5, 2019, City Council responded positively to fostering the development of nightlife, cultural, and entertainment uses that encourage patronage of physical establishments and increase pedestrian activity on the Promenade at alternate times of day, supporting private property owners in adapting their spaces to an evolving retail environment and selecting tenants that present the Promenade as unique in the landscape of competitive regional destinations, and delegating review authority to City staff and otherwise codifying adaptability and flexibility to allow for nimble and efficient retenanting of vacancies as retail concepts continue to evolve; and WHEREAS, on March 13, 2020, the City Manager, in his role as the Director of Emergency Services, (“Director of Emergency Services”) proclaimed the existence of a local emergency pursuant to Chapter 2.16 of the Santa Monica Municipal Code to ensure the availability of mutual aid and an effective the City’s response to the novel coronavirus (“COVID-19”) and this local emergency was restated on March 14, 2020, through a revised declaration of local emergency to ensure compliance with all digital signature requirements (the “Executive Order”); and
WHEREAS, on March 16, 2020 the Director of Emergency Services issued a Third Supplement to the Executive Order, requiring the closure of a wide range of businesses including bars, nightclubs, on-premises restaurant service, movie theatres, live performance venues, gyms, fitness centers, spas, hair salons, massage parlors, and nail salons; and

7.B.e
Packet Pg. 245 Attachment: CCD-IZO-Promenade3.0 Economic Recovery Vitality Auto Dealer Changes-20210125 DRAFT [Revision 1] (4909 : Emergency IZO to 5 WHEREAS, on March 19, 2020, California Governor Gavin Newsom issued Executive Order N-33-20 directing all residents of the State of California to heed directives issued by the State Health Officer on the same date instructing all Californians to stay home except as needed to maintain continuity of operations of the federal critical infrastructure sectors; and
WHEREAS, on March 19, 2020, the Los Angeles County Department of Public Health issued an enhanced Health Officer Order, the Safer at Home Order for Control of COVID-19, amending and superseding its earlier March 16, 2020, Order, closing all nonessential businesses, and limiting gatherings to 9 people or less; and
WHEREAS, since March 19, 2020, the Los Angeles County Department of Public Health has on multiple occasions amended and modified its Health Officer Order, recognizing the issues posed by existing community transmission of COVID-19 in Los Angeles County, and in response maintaining public health measures that have, at differing times, included strict limitations on public gatherings, required closures of certain businesses, and strict limitations and protocols for the operations of businesses permitted to remain open; and WHEREAS, on May 29, 2020, the Director of Emergency Services issued the 18th Supplement to the Executive Order, which temporarily permitted outdoor uses to provide additional opportunities for businesses to operate in compliance with the Health Officer Order, and was subsequently revised to expand opportunities for outdoor operations in response to amendments to the Health Officer Order and community input; and

7.B.e
Packet Pg. 246 Attachment: CCD-IZO-Promenade3.0 Economic Recovery Vitality Auto Dealer Changes-20210125 DRAFT [Revision 1] (4909 : Emergency IZO to 6 WHEREAS, five months after the 18th Supplement was issued, 224 businesses, including restaurants, retail, fitness and personal services, had submitted applications for such outdoor operations; and WHEREAS, the City’s business improvement districts have reported that at least 70 small businesses have permanently closed across many sectors, including retail, leisure, and restaurants; and
WHEREAS, the economic impacts of the COVID-19 closures of and limitations on businesses have been devastating to the local Santa Monica economy; and
WHEREAS, the hardest hit sectors in Santa Monica include retail and arts/entertainment/leisure, initially representing the temporary closure of over approximately 1,300 businesses employing approximately 11,000 people; and WHEREAS, some of the actions that the City has taken during this state of emergency to support local business are: commercial eviction protections; suspension of late fees for City-imposed bills and taxes and parking restrictions in green zones; a website with business resources; and assistance for restaurants and food retailers by allowing sales of alcohol via delivery and takeout, providing flexibility for restaurants to sell groceries, and allowing curbside pickup; and WHEREAS, the City is also building upon the existing Buy Local program and providing free marketing support through an interactive map showing available essential services providers that are open providing an avenue for Santa Monica residents to support local businesses; and

7.B.e
Packet Pg. 247 Attachment: CCD-IZO-Promenade3.0 Economic Recovery Vitality Auto Dealer Changes-20210125 DRAFT [Revision 1] (4909 : Emergency IZO to 7 WHEREAS, on April 14, 2020, the City Council directed that restructuring City services be prioritized on foundational services, emergency response, and economic recovery; and
WHEREAS, the City has continued to engage in an economic recovery strategy that involves a multi-pronged approach focusing on five areas: business retention and reopening; business process and permitting; publicity and marketing, community economic development, re-employment, and local hiring; and federal and state resources; and
WHEREAS, the Promenade’s past success has resulted from the creation of an authentic urban retail, dining, and cinema experience; and WHEREAS, as the commercial and economic landscape evolves, the Promenade’s economic recovery and competitive advantage will depend on its ability to deliver on a diverse range of unique dining, retail, and entertainment uses; and
WHEREAS, it will facilitate economic recovery of the Promenade to extend to the area surrounding the Promenade that is bounded by 2nd Street to the west, Broadway to the south, 4th Street to the east, and Wilshire Boulevard to the north, regulatory relief consistent with that provided to the Promenade, including in particular increased flexibility in use for alleys adjacent to the Promenade; and WHEREAS, remaining portions of the BC (2nd & 4th Street) District are in closer proximity to more concentrated residential uses and the proposed relaxed restrictions could intrude on those uses; and

7.B.e
Packet Pg. 248 Attachment: CCD-IZO-Promenade3.0 Economic Recovery Vitality Auto Dealer Changes-20210125 DRAFT [Revision 1] (4909 : Emergency IZO to 8 WHEREAS, on May 12, 2020, the City Council adopted Emergency Interim Zoning Ordinance Number 2636 (CCS) (“Interim Zoning Ordinance 2636”), which established interim zoning regulations to provide immediate relief and regulatory certainty for businesses in the Third Street Promenade area that may have interest in looking ahead to make plans for re-opening by taking initial steps towards economic recovery that included: minor modifications to land use regulations to provide additional business opportunities and increased flexibility for existing businesses; eliminating the requirement of a Conditional Use Permit for the conversion of eating and drinking establishments to other uses; easing standards related to legal, nonconforming restaurant and retail uses; relaxing Alcohol Exemption conditions and processes; and allowing for alternate compliance with loading standards; and
WHEREAS, on November 10, 2020, the City Council adopted Emergency Interim Zoning Ordinance Number 2658 (CCS) (“Interim Zoning Ordinance 2658”), which amended the interim zoning regulations adopted by Interim Zoning Ordinance 2636 (the “interim zoning regulations”) to expand eligibility for alternate compliance with loading standards and extend the term of the interim zoning regulations to December 31, 2022 to allow for additional testing and monitoring of their efficacy and to facilitate the continued economic recovery of local businesses; and
WHEREAS, on April 13, 2021, the City Council adopted Emergency Interim Zoning Ordinance 2667, making minor changes, corrections and clarifications to the interim zoning regulations to: remove the limitation on physical training uses

7.B.e
Packet Pg. 249 Attachment: CCD-IZO-Promenade3.0 Economic Recovery Vitality Auto Dealer Changes-20210125 DRAFT [Revision 1] (4909 : Emergency IZO to 9 to upper floors and on the ground floor only when the entire tenant space is located at least 50 feet from the front property line along the Promenade within the BC (Promenade) District; clarify that fortunetelling and large scale facilities are permitted, except that large scale facilities operating as fitness centers that exceed 100 linear feet of ground floor frontage must obtain approval by Conditional Use Permit; and incorporate changes made by Ordinance No. 2649 to permit ADUs and JADUs, and Ordinance No. 2661 to prohibit certain fast food restaurants in establishments with frontage along the Third Street Promenade; and WHEREAS, on April 6, 2021, the Governor of the State of California announced the California would fully re-open its economy on June 15, 2021, provided that vaccine supply was sufficient and hospitalization rates were stable and low; and
WHEREAS, on May 21, 2021, the California Department of Public Health announced that, other than for mega events (those with crowds greater than 5,000 for indoor events and 10,000 for outdoor events), beginning on June 15, 2021, the State would not impose on businesses restrictions on capacity and physical distancing; and
WHEREAS, on May 21, 2021, the Los Angeles County Department of Public Health announced that the County would align with the State’s June 15, 2021 reopening plans that ease many capacity limits and distancing requirements for businesses; and

7.B.e
Packet Pg. 250 Attachment: CCD-IZO-Promenade3.0 Economic Recovery Vitality Auto Dealer Changes-20210125 DRAFT [Revision 1] (4909 : Emergency IZO to 10 WHEREAS, the City has an important government interest in maintaining a thriving business community and protecting the health, safety, and economic welfare of its citizens and businesses; and
WHEREAS, beginning in January 2021, in an effort to further preserve and enhance the economic vitality of the Promenade, DTSM engaged in a series of conversations and workshops to develop the Draft Third Street Promenade Stabilization and Economic Vitality Plan (the “Promenade Vitality Plan”); and WHEREAS, on or about July 27, 2021, DTSM published a final draft of the Promenade Vitality Plan, which sets forth short-term and medium-term recommendations for zoning and regulatory changes designed to provide immediate relief and promote the long-term stabilization and economic vitality of the Promenade; and
WHEREAS, the Plan’s short-term recommendations call for the City to permit additional uses on the Promenade, streamline approval processes for certain uses already allowed on the Promenade by minimizing applicability of Minor Use Permits and Conditional Use Permits, and increase flexibility in development standards for tenant spaces; and
WHEREAS, on August 4, 2021, the Planning Commission reviewed and made recommendations to the City Council on the Promenade Vitality Plan, which, among other things, included support for the proposed short-term changes to permit additional uses, reduce the applicability of discretionary permits, and increase flexibility in development standards; and

7.B.e
Packet Pg. 251 Attachment: CCD-IZO-Promenade3.0 Economic Recovery Vitality Auto Dealer Changes-20210125 DRAFT [Revision 1] (4909 : Emergency IZO to 11 WHEREAS, on August 24, 2021, the City Council directed staff to present to the Planning Commission for initial consideration and then to the Council a text amendment to the Zoning Ordinance to remove the Minor Use Permit requirement for tattoo or body modification parlors the Downtown (LT, NV, BC, TA, OT, and WT) and Mixed-Use and Commercial (MUBL, MUB, GC, and NC) Districts, subject to the special requirements set out in SMMC Section 9.31.230(C).; and WHEREAS, on September 28, 2021, the City Council adopted emergency Interim Zoning Ordinance Number 2682 (CCS) to incorporate the short-term recommendations of the Promenade Vitality Plan and to further reduce the applicability of discretionary approvals along the Promenade; and WHEREAS, the ongoing COVID-19 pandemic and subsequent economic recovery has been difficult for many segments of the economy, even in light of economic efforts that are currently underway, the Downtown area is experiencing economic uncertainty, with the vacancy rate along the Promenade recently rising to almost 25%; and
WHEREAS, as retail environments across the region and country continue to evolve and recover from the impacts of the COVID-19 pandemic, there is a need to adjust allowed uses and activities to enable economic recovery and provide increased flexibility to minimize vacancies along the Promenade and immediately surrounding areas; and
WHEREAS, since the adoption of Ordinance 2384 in 2011, the number of traditional fuel vehicle manufacturers that have expanded product lines to include hybrid and electric vehicles has increased rapidly, with many manufacturers

7.B.e
Packet Pg. 252 Attachment: CCD-IZO-Promenade3.0 Economic Recovery Vitality Auto Dealer Changes-20210125 DRAFT [Revision 1] (4909 : Emergency IZO to 12 announcing plans to electrify large portions of their fleets over the next decade; and
WHEREAS, due to the continued economic uncertainty arising out of the COVID-19 pandemic, the high vacancy rate along the Promenade, and the number of traditional fuel vehicle manufacturers that have expanded product lines to include hybrid and electric vehicles, including plans to electrify large portions of their fleets over the next decade, the City Council desires to amend the interim zoning regulations to permit automobile/vehicle showrooms of any fuel type along the Promenade and in the immediately surrounding area in order to increase flexibility of use and opportunities for economic recovery; and WHEREAS, the City Council finds and declares that a current and immediate threat to the public health, safety, and general welfare continues to exist due to the devastating impact the COVID-19-mandated closures and limitations have had on the local economy, and the proposed interim zoning regulations to stimulate economic recovery are necessary to protect the public health, safety, and welfare.

NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF SANTA
MONICA DOES HEREBY ORDAIN AS FOLLOWS:

SECTION 1. Area Subject to Interim Zoning Regulations. The interim zoning regulations set forth in Section 2, below, shall apply to all properties located in the BC (Promenade) District and parcels located in that portion of the BC (2nd & 4 th Streets) District bounded by 2nd Street to the west, Broadway to the south, 4th Street to the east, and Wilshire Boulevard to the north (collectively the “Third Street

7.B.e
Packet Pg. 253 Attachment: CCD-IZO-Promenade3.0 Economic Recovery Vitality Auto Dealer Changes-20210125 DRAFT [Revision 1] (4909 : Emergency IZO to 13 Promenade Area”). The remaining parcels located in the BC (2nd & 4th Streets) District along the west side of 2nd Street and the east side of 4th Street shall not be subject to the interim zoning regulations set forth in this Interim Zoning Ordinance.

SECTION 2. Interim Zoning Regulations. The following interim zoning regulations shall apply to the Third Street Promenade Area:
(a) Interim Land Use Regulations. Notwithstanding anything to the contrary in Santa Monica Municipal Code Section 9.10.040, the following land use table prescribes the land use regulations for the Third Street Promenade Area. The regulations are established by letter designations in the land use table. These designations apply strictly to the permissibility of land uses; applications for buildings or structures may require discretionary review. “P” designates permitted uses.
“L(#)” designates limited uses, which are permitted by right, provided they comply with specific limitations listed at the end of the table. “MUP” designates use classifications that are permitted after review and approval of a Minor Use Permit.
“CUP” designates use classifications that are permitted after review and approval of a Conditional Use Permit.
“–” designates uses that are not permitted.

Land uses are defined in Chapter 9.51 (“Use Classifications”) of Article 9 of the Santa Monica Municipal Code (“Zoning Ordinance”). Use classifications and subclassifications not listed in the table are prohibited unless the Director determines whether a specific use not listed in the table shall be deemed to be within one or

7.B.e
Packet Pg. 254 Attachment: CCD-IZO-Promenade3.0 Economic Recovery Vitality Auto Dealer Changes-20210125 DRAFT [Revision 1] (4909 : Emergency IZO to 14 more use classifications pursuant to Chapter 9.51. Accessory uses are permissible when they are determined by the Zoning Administrator to be necessary and customarily associated with and appropriate, incidental, and subordinate to, the principal uses and which are consistent and not more disturbing or disruptive than permitted uses. The table also notes additional use regulations that apply to various uses. Section numbers in the right-hand column refer to other Sections of the Zoning Ordinance that are not affected by the interim zoning regulations.

Use Classification BC
(Promenade)
BC
(2nd & 4th
Streets)
Additional Regulations
Residential Uses
Residential Housing Types See sub-classifications below.

Large L(1) L(1) SMMC Section 9.31.140,
Family Day Care, Large
Small L(1) L(1)
Residential Facilities See sub-classifications below.

Residential Care, General L(1) L(1) SMMC Section 9.31.270, Residential Care
Facilities
Residential Care, Limited L(1) L(1)
Residential Care, Senior L(1) L(1)
Hospice, General L(1) L(1)

7.B.e
Packet Pg. 255 Attachment: CCD-IZO-Promenade3.0 Economic Recovery Vitality Auto Dealer Changes-20210125 DRAFT [Revision 1] (4909 : Emergency IZO to 15 Use Classification BC
(Promenade)
BC
(2nd & 4th
Streets)
Additional Regulations
Hospice, Limited L(1) L(1)
Supportive Housing L(1) L(1)
Transitional Housing L(1) L(1)
Public and Semi-Public Uses
Adult Day Care L(1) L(1)
Child Care and Early Education Facilities P P
SMMC Section 9.31.120,
Child Care and Early
Education Facilities
Colleges and Trade Schools, Public or
Private L(1) L(1)
Community Assembly L(15) P
Community Gardens - P
Cultural Facilities P P
Hospitals and Clinics L(1) L(1)
Park and Recreation Facilities, Public P P
Public Safety Facilities P P
Schools, Public or Private L(1) P
Social Service Centers - P
SMMC Section 9.31.350,
Social Service Centers
Commercial Uses
Animal Care, Sales, and Services See sub-classifications below.

Alternative Fuels and Recharging
Facilities - -
Automobile Rental L(10) L(10)
Automobile Storage Use - -
New Automobile/Vehicle Sales and
Leasing
L(8),
L(5)/CUP
L(8),
L(5)/CUP
Additions 7,500 sq ft or less to
Automobile/ Vehicle Sales and Leasing
buildings existing as of 7/06/2010
- -
SMMC Section 9.31.070
Automobile/ Vehicle
Sales, Leasing, and
Storage
Additions larger than 7,500 sq ft to
Automobile/Vehicle Sales and Leasing
buildings existing as of 7/06/2010
- -
Automobile/Vehicle Repair, Major - -
Automobile/Vehicle Service and Repair,
Minor - -
Automobile/Vehicle Washing - -
Service Station - -
Towing and Impound - -
Banks and Financial Institutions See sub-classifications below.

Banks and Credit Unions - -
Check Cashing Businesses - -
Business Services L(15) L(5)/CUP
Commercial Entertainment and Recreation See sub-classifications below.

Cinemas & Theaters, up to 99 seats P P
Cinemas & Theaters, more than 99 seats P CUP
Convention and Conference Centers P CUP
Large-Scale Facility L(21)/CUP L(21)/CUP

7.B.e
Packet Pg. 256 Attachment: CCD-IZO-Promenade3.0 Economic Recovery Vitality Auto Dealer Changes-20210125 DRAFT [Revision 1] (4909 : Emergency IZO to 16 Use Classification BC
(Promenade)
BC
(2nd & 4th
Streets)
Additional Regulations
Small-Scale Facility P L(5)/CUP SMMC Section 9.31.340
Small Scale Facility
Fortunetelling P P
Eating and Drinking Establishments See sub-classifications below.

Bars/Nightclubs/Lounges P P
Restaurants, Full-Service, Limited Service
& Take-out (2,500 sq ft and smaller,
including Outdoor Dining and Seating)
L(22) P SMMC Section 9.31.040,
Alcoholic Beverage
Sales
SMMC Section 9.31.280,
Restaurants, Limited
Service, and Take-Out
Only
SMMC Section 9.31.200,
Outdoor Dining and
Seating
Restaurants, Full-Service, Limited Service
& Take-out (2,501 – 5,000 sq ft, including
Outdoor Dining and Seating)
L(22) P
Restaurants, Full-Service, Limited Service
& Take-out (greater than 5,000 sq ft,
including Outdoor Dining and Seating)
L(22) P
Food Hall P P
Equipment Rental - -
Food and Beverage Sales See sub-classifications below.

7.B.e
Packet Pg. 257 Attachment: CCD-IZO-Promenade3.0 Economic Recovery Vitality Auto Dealer Changes-20210125 DRAFT [Revision 1] (4909 : Emergency IZO to 17 Use Classification BC
(Promenade)
BC
(2nd & 4th
Streets)
Additional Regulations
Personal Services See sub-classifications below.

General Personal Services P L(5)/CUP SMMC Section 9.31.230, Personal Service
Physical Training L(17),
L(21)/CUP
L(17),
L(5)/CUP
Tattoo or Body Modification Parlor P MUP SMMC Section 9.31.230, Personal Service
Retail Sales See sub-classifications below.

Support Facilities L(1) L(1)
Transportation, Communication, and Utilities Uses
Bus/Rail Passenger Stations P P
City Bike Share Facility P P
Communication Facilities See sub-classifications below.

Antennas and Transmission Towers - -
Equipment within Buildings - -
Light Fleet-Based Services - -
Utilities, Major - -
Utilities, Minor P P
Specific Limitations:
(1) Limited to upper floors, and on the ground floor where the entire tenant space shall be located at least 25 feet from the front property line, except for residential units shall be limited to upper floors only.
(2) A minimum depth of 25 feet from the front parcel line adjacent to a street for the entire ground-floor street frontage shall be designed to accommodate interactive uses. For purposes of this limitation, interactive uses shall be commercial uses with an interactive element, including, but not limited to, retail sales, exhibitions, displays, demonstrations, or instruction.
(5) Permitted if within buildings existing as of the date the ordinance codified in this Chapter is effective. Permitted within new buildings, except:
(a) No individual ground floor tenant space shall occupy more than 7,500 square feet of floor area and/or exceed 50 linear feet of ground floor street frontage without a Conditional Use Permit.
(b) Ground floor tenant spaces in the Santa Monica Place are not subject to size limitations.
(6) Limited to shelters containing less than 55 beds; Conditional Use Permit required for emergency shelters with 55 or more beds.
(8) Limited to alternative fuel vehicle automobile/vehicle dealer showrooms only.

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Packet Pg. 258 Attachment: CCD-IZO-Promenade3.0 Economic Recovery Vitality Auto Dealer Changes-20210125 DRAFT [Revision 1] (4909 : Emergency IZO to 18 (9) A minimum depth of 25 feet from the front parcel line adjacent to a street for the entire ground-floor street frontage shall be designed to accommodate interactive uses. For purposes of this limitation, interactive uses shall be commercial uses with an interactive element, including, but not limited to, retail sales, dining, demonstrations, or instruction. (10) Permitted as an ancillary use to support a primary use. (12) General Markets greater than 15,000 square feet require approval of a Conditional Use Permit, except general markets in the Mixed-Use Boulevard district greater than 25,000 square feet require approval of a Conditional Use Permit. (13) If the commercial use requires a MUP or CUP, an application shall be required in accordance with SMMC, Chapter 9.41. Even if the commercial use would otherwise be permitted, no such use shall be approved where, given the design or proposed design of the live-work unit, there would be the potential for adverse health impacts from the proposed use on the people residing in the unit. An example of a potential health impact is the potential for food contamination from uses that generate airborne particulates in a unit with an unenclosed kitchen.
(15) Limited to the ground floor with frontage along 2nd Court and 3rd Court alleys or to upper floors.
(17) Youth-serving personal services, physical training requires review and approval of a passenger loading and drop-off plan by the Director.
(21) No individual Fitness Center tenant space shall exceed 100 linear feet of ground floor street frontage without the approval of a Conditional Use Permit. (22) Restaurant, Limited-Service and Take-Out establishments with frontage on the Third Street Promenade and the following characteristics shall be prohibited:
(a) More than 150 locations nationwide at the time that the application for the establishment is deemed complete by the City; and
(b) Characteristics, including but not limited to, orders placed at a walk-up window, counter, or machine; payment prior to food consumption; and food served with disposable, one-time, or limited-use wrapping, containers, or utensils. (b) Conversion of Any Portion of an Eating and Drinking Establishment to Any Other New or Expanded Use Located on the Ground Floor.

Notwithstanding the provisions of Santa Monica Municipal Code Section

9.10.040(A), that section shall not apply in the Third Street Promenade Area. (c) Abandonment of Legal Nonconforming Eating and Drinking Establishment and Retail Uses. Notwithstanding any provisions of Santa Monica Municipal Code Section 9.27.050(B) to the contrary, the following legal, nonconforming uses may be resumed, reestablished, or reopened even if that nonconforming use has been abandoned for more than one year, unless a conforming use that meets the applicable requirements of the Zoning Ordinance

7.B.e
Packet Pg. 259 Attachment: CCD-IZO-Promenade3.0 Economic Recovery Vitality Auto Dealer Changes-20210125 DRAFT [Revision 1] (4909 : Emergency IZO to 19 has been lawfully established in the space previously occupied by the nonconforming use:

1. Bar/nightclub/lounge;

2. Restaurant, full service

3. Restaurant, limited service and take-out;

4. Food hall;

5. General retail sales, small scale; and

6. General retail sales, medium scale.
(d) Offsite Parking Requirements for Food Halls. For application to the Third Street Promenade Area only, the off-street parking requirements set out in Santa Monica Municipal Code Section 9.28.060 shall be modified to provide as follows for Food Halls, as defined by paragraph (h)(2) below: off-street parking shall be provided for Food Halls in an amount of no more than 1 space per 500 sq. ft.
(e) Loading Space Requirements for New Buildings, Additions, Enlargements of Use, and Changes of Use. Notwithstanding any provisions of Santa Monica Municipal Code Section 9.28.080 to the contrary, no building permit shall issue for a new building, addition, enlargement of use, or change in use within the Third Street Promenade Area unless the Director has reviewed and approved a parking and loading operations plan for the proposed project. The Director may, in accordance with the requirements of this paragraph, approve a parking and loading operations plan that results in a waiver or reduction in the number and/or

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Packet Pg. 260 Attachment: CCD-IZO-Promenade3.0 Economic Recovery Vitality Auto Dealer Changes-20210125 DRAFT [Revision 1] (4909 : Emergency IZO to 20 dimensions of loading areas and spaces otherwise required under Section

9.28.080. The parking and loading operations plan shall include information as deemed appropriate by the Director for approval, including, but not limited to, plans, prior uses, easements, and other items necessary or relevant to describe existing conditions and the proposed project. The Director may approve a parking and loading operations plan upon a determination that the plan is not in conflict with other project operations and impacts to the public right-of-way, which may include, but not be limited to, impacts to resource, recovery and recycling operations, noise impacts, and public safety concerns.
(f) Alcohol Exemption Zoning Conformance Permit.

Notwithstanding any provisions of Santa Monica Municipal Code Section

9.31.040(D) to the contrary, the following regulations related to Alcohol Exemption Zoning Conformance Permits shall apply in the Third Street Promenade Area:

1. The following uses that offer alcoholic beverages shall be exempted from the provisions of the Conditional Use Permit requirement of subsection 9.31.040(B) if such a permit is approved in writing by the Director and if the applicant agrees in writing to comply with all of the following criteria and conditions set forth in paragraph 2, below:
a. Bar/nightclub/lounge;
b. Restaurant, full service;
c. Restaurant, limited service and take-out;
d. Food hall;
e General retail sales, small scale; and

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Packet Pg. 261 Attachment: CCD-IZO-Promenade3.0 Economic Recovery Vitality Auto Dealer Changes-20210125 DRAFT [Revision 1] (4909 : Emergency IZO to 21 f. General retail sales, medium scale

2. The Director may approve a permit under paragraph 1, above, subject to the following criteria and conditions:
a. The permitted hours of alcoholic beverage service shall be 8:00 a.m. to 2:00 a.m. daily.
b. From 8:00 am until at least 10:00 p.m., food service shall be available at all times when alcohol is being served. c. Sale of alcoholic beverages for consumption beyond
the premises shall be permitted if authorized by the premises’ California Alcoholic Beverage Control (“ABC”) license.
d. Window or other signage visible from the public rightof-way that advertises beer or alcohol shall not be permitted. e. Except as may be permitted by a Temporary Use
Permit issued in accordance with Santa Monica Municipal Code Chapter 9.44, Temporary Use Permits, alcohol shall not be served in any disposable containers such as disposable plastic or paper cups. f. The premises shall at all times conduct operations in a manner not detrimental to surrounding properties by reason of lights, noise, activities or other actions. The operator of the premises shall control noisy patrons leaving the premises.
g. Liquor bottle service shall be prohibited. Wine and beer bottle service shall not be available to patrons unless food service is

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Packet Pg. 262 Attachment: CCD-IZO-Promenade3.0 Economic Recovery Vitality Auto Dealer Changes-20210125 DRAFT [Revision 1] (4909 : Emergency IZO to 22 provided concurrent with the bottle service. For purposes of this paragraph, “bottle service” means the service of any full bottle of liquor, wine, or beer of more than 375 ml, along with glass ware, mixers, garnishes, or other items used for the mixing of drinks, which patrons are able to then use to make their own drinks or pour their own wine or beer.
h. The premises shall not organize or participate in
organized “pub-crawl” events where participants or customers prepurchase tickets or tokens to be exchanged for alcoholic beverages at the premises.
i. Premises with amplified music shall be required to
comply with Chapter 4.12, Noise, of the Santa Monica Municipal Code.
j. Prior to occupancy, a security plan for the premises shall be submitted to the Chief of Police for review and approval. The plan shall address both physical and operational security issues. k. Prior to occupancy, the operator of the premises shall submit a plan for approval by the Director regarding employee alcohol awareness training programs and policies. The plan shall outline a mandatory alcohol-awareness training program for all employees having contact with the public and shall state management’s policies addressing alcohol consumption and inebriation. The program shall require all employees having contact

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Packet Pg. 263 Attachment: CCD-IZO-Promenade3.0 Economic Recovery Vitality Auto Dealer Changes-20210125 DRAFT [Revision 1] (4909 : Emergency IZO to 23 with the public to complete an ABC-sponsored alcohol awareness training program within 90 days of the effective date of the exemption determination. In the case of new employees, the plan shall require all such new employees to attend an ABC-sponsored alcohol awareness training program within 90 days of hiring. In the event the ABC no longer sponsors an alcohol awareness training program, all employees having contact with the public shall complete an alternative program approved by the Director. The operator of the premises shall provide the City with an annual report regarding compliance with this requirement. The operator of the premises shall be subject to any future Citywide alcohol awareness training program affecting similar establishments.
l. Within 30 days from the date of approval of this
exemption, the applicant shall provide a copy of the signed exemption to the local office of the ABC.
m. Prior to occupancy, the operator of the premises shall submit a plan describing the premises’ designated driver program, which shall be offered by the operator to the premises’ patrons. The plan shall specify how the operator will inform patrons of the program, such as by offering on the menu a free non-alcoholic drink for every party of two or more ordering alcoholic beverages. n. Notices shall be prominently displayed urging patrons to leave the premises and neighborhood in a quiet, peaceful, and

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Packet Pg. 264 Attachment: CCD-IZO-Promenade3.0 Economic Recovery Vitality Auto Dealer Changes-20210125 DRAFT [Revision 1] (4909 : Emergency IZO to 24 orderly fashion and to not litter or block driveways in the neighborhood.
o. Employees of the premises shall walk a 100-foot radius from the premises at some point prior to 30 minutes after closing and shall pick up and dispose of any discarded beverage containers and other trash left by patrons.
p. The exemption shall apply to approved and dated
plans, a copy of which shall be maintained in the files of the City Planning Division. Project development shall be consistent with such plans, except as otherwise specified in these conditions of approval.

Minor amendments to the plans shall be subject to approval by the Director.
q. In the event of a conflict between the regulations of this Section and regulations issued by the ABC, the ABC regulations shall control and be deemed to have modified contrary provisions of this Section.
(g) Zoning Conformance Review for Existing Alcohol Outlets.

Notwithstanding anything to the contrary in Santa Monica Municipal Code Section

9.31.040(E), the following regulations shall apply to Zoning Conformance Review for existing alcohol outlets in the Third Street Promenade Area:

1. When an existing alcohol outlet without a Conditional Use Permit changes ownership or undergoes an interior remodel, it shall be subject to Zoning Conformance review to confirm consistency with current

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Packet Pg. 265 Attachment: CCD-IZO-Promenade3.0 Economic Recovery Vitality Auto Dealer Changes-20210125 DRAFT [Revision 1] (4909 : Emergency IZO to 25 operations, except that an existing alcohol outlet that was lawfully established and is nonconforming solely due to the lack of an approved Conditional Use Permit shall not be subject to a zoning conformance review if the licensed premises have remained in continuous operation without substantial change in mode or character of operation. As used in this paragraph, a substantial change in mode or character of operation shall include, but is not limited to: a 5 percent increase in the floor area of the premises; a 10 percent increase in the shelf area used for the display of alcoholic beverages; implementing a cover charge, that is, requiring payment from customers before they may enter the premises; or a 5 percent increase or decrease in the number of seats in any restaurant that serves alcoholic beverages, but in no case shall the increase exceed any established seating limitation in the underlying zoning district.

2. When an existing alcohol outlet with a Conditional Use Permit changes ownership or undergoes an interior remodel, it shall be subject to Zoning Conformance review to ensure compliance with the existing CUP. (h) Interim Use Classifications. For application to the Third Street Promenade Area only, the nonresidential use classifications set out in Santa Monica Municipal Code Section 9.51.030 are modified as follows:

1. Small-Scale Facility. The commercial use classification set out in Santa Monica Municipal Code Section 9.51.030(B)(7)(e) is modified to read as follows: This classification includes small, generally indoor facilities that occupy less than 5,000 square feet of building area, such as billiard parlors, card rooms,

7.B.e
Packet Pg. 266 Attachment: CCD-IZO-Promenade3.0 Economic Recovery Vitality Auto Dealer Changes-20210125 DRAFT [Revision 1] (4909 : Emergency IZO to 26 game arcades, dance halls, small tennis club facilities, poolrooms, and amusement arcades.

2. Food Hall. There is established a new Food Hall commercial use category as follows: Establishments consisting of three or more individuallylicensed businesses within an enclosed building where food and beverages may be consumed on the premises, taken out, or delivered, and may also include small retail venues. Patrons may be served while seated and pay after eating, or orders may be made at a walk-up window, counter, machine, or remotely, and payment made prior to food consumption. Characteristics of food halls include but are not limited to: shared entrance/lobby areas, compartmentalized spaces for individually licensed businesses, shared eating areas, shared restrooms, and shared “back of house” areas (e.g., storage, dishwashing, food preparation). Each compartmentalized space may have access to the exterior of the building, along with outdoor dining and seating areas, which may be shared with other businesses within the establishment.

3. Personal Services, Physical Training. The commercial use classification set out in Santa Monica Municipal Code Section 9.51.030(B)(21)(b) is modified to read as follows: Gyms exercise clubs, or studios offering martial arts, physical exercise, yoga training and similar types of instruction to classes and groups of less than 5,000 square feet. This classification also includes exclusively youth-serving studios of less than 3,000 square feet offering performing arts, dance, martial arts, physical exercise, and similar types of instruction to classes and groups of more than 5 persons.

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Packet Pg. 267 Attachment: CCD-IZO-Promenade3.0 Economic Recovery Vitality Auto Dealer Changes-20210125 DRAFT [Revision 1] (4909 : Emergency IZO to 27 4. Industry, Limited. The industrial use classification set out in Santa Monica Municipal Code Section 9.51.030(C)(5) is modified to read as follows:

Establishments engaged in light industrial activities taking place primarily within enclosed buildings and producing minimal impacts on nearby properties. This classification includes the manufacturing of finished parts or products primarily from previously prepared materials; printing, engraving, and publishing; sign painting shops; machine and electrical shops; computer and electronic product manufacturing; furniture and related product manufacturing; and industrial services. It also includes the preparation, manufacturing, and/or packaging of food for off-site consumption. Typical food manufacturing uses include canners, roasters, breweries, wholesale bakeries, and frozen food manufacturers. (i) Floor Area Ratio Calculations. Notwithstanding anything to the contrary in Santa Monica Municipal Code Sections 9.04.080 and 9.04.090(A)(2), for properties located in the BC (Promenade) District, unenclosed rooftop areas used for commercial or restaurant activity (“unenclosed rooftop areas”) shall be excluded from floor area and floor area ratio calculations, subject to the following specific standards:

1. Unenclosed rooftop areas shall be surrounded by a barrier not to exceed 42 inches in height with an allowable transparent barrier not to exceed 42 inches in height. The barrier shall be permanently affixed to the rooftop.

2. Unenclosed rooftop areas, including barrier, shall be set back a minimum five feet from the edges of the building.

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Packet Pg. 268 Attachment: CCD-IZO-Promenade3.0 Economic Recovery Vitality Auto Dealer Changes-20210125 DRAFT [Revision 1] (4909 : Emergency IZO to 28 3. Portable restrooms, storage sheds, or other similar temporary structures shall not be permitted on the rooftop.

4. Rooftop features such as sunshades, trellises, or canopies shall not exceed 10 feet in height with a maximum aggregate coverage of 50% of the unenclosed rooftop area.

5. Unenclosed rooftop areas shall not be accessible to the public outside of their normal business operating hours.

SECTION 3. Any provision of the Santa Monica Municipal Code or any appendix thereto inconsistent with the provisions of this Emergency Interim Zoning Ordinance, to the extent of such inconsistencies and no further, is hereby repealed or modified to that extent necessary to effect the provisions of this Emergency Interim Zoning Ordinance.

SECTION 4. If any section, subsection, sentence, clause, or phrase of this Emergency Interim Zoning Ordinance is for any reason held to be invalid or unconstitutional by a decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this Emergency Interim Zoning Ordinance. The City Council hereby declares that it would have passed this Emergency Interim Zoning Ordinance and each and every section, subsection, sentence, clause, or phrase not declared invalid or unconstitutional without regard to whether any portion of the Emergency Interim Zoning Ordinance would be subsequently declared invalid or unconstitutional.

SECTION 5. The Mayor shall sign and the City Clerk shall attest to the passage of this Emergency Interim Zoning Ordinance. The City Clerk shall cause

7.B.e
Packet Pg. 269 Attachment: CCD-IZO-Promenade3.0 Economic Recovery Vitality Auto Dealer Changes-20210125 DRAFT [Revision 1] (4909 : Emergency IZO to 29 the same to be published once in the official newspaper within 15 days after its adoption. This Emergency Interim Zoning Ordinance shall become effective immediately upon adoption.

SECTION 6. This Emergency Interim Zoning Ordinance shall be of no further force or effect after December 31, 2022 unless it is otherwise extended pursuant to Santa Monica Municipal Code Section 9.46.090 or continues to remain in force pursuant to the Revised Fourth Supplement or other valid emergency order.

APPROVED AS TO FORM:
_________________________

JOSEPH LAWRENCE
Interim City Attorney

7.B.e
Packet Pg. 270 Attachment: CCD-IZO-Promenade3.0 Economic Recovery Vitality Auto Dealer Changes-20210125 DRAFT [Revision 1] (4909 : Emergency IZO to Permitting Efficiency Study
May 18, 2021
January 25, 2022
Promenade Auto
Dealerships

7.B.f
Packet Pg. 271 Attachment: PowerPoint Presentation (4909 : Emergency IZO to Allow Automobile Dealers City Council | 01.25.22 | Item 7-B
Recommended Action
• Adopt Emergency Interim Ordinance amending
the Promenade Interim Zoning Ordinance by
allowing automobile/vehicle showrooms of all fuel
types

7.B.f
Packet Pg. 272 Attachment: PowerPoint Presentation (4909 : Emergency IZO to Allow Automobile Dealers • Alternative fuel automobile/vehicle showrooms have been allowed on the Third Street Promenade since 2011
• Area expanded to 2ndand 4th Streets adjacent to Promenade with the 2017 adoption of the Downtown Community Plan
• Evolving nature of retail and automobile industry
• Concern about the health and vitality of Downtown and Third Street Promenade in particular
City Council | 01.25.22 | Item 7-B
Background

7.B.f
Packet Pg. 273 Attachment: PowerPoint Presentation (4909 : Emergency IZO to Allow Automobile Dealers City Council | 01.25.22
| Item 7-B
Subject Area
Third Street Promenade 2nd St 4th St

7.B.f
Packet Pg. 274 Attachment: PowerPoint Presentation (4909 : Emergency IZO to Allow Automobile Dealers IZO Land Use Table, Specific Limitations:

City Council | 01.25.22 | Item 7-B
Proposed Change
• Ancillary activities such as automobile repair, storage, and service would not be permitted • Increases flexibility of use and opportunities for economic recovery • Consistent with retail and industry trend of locating showrooms in high pedestrian areas New Automobile/Vehicle Sales and Leasing
(8) Limited toalternative fuel vehicleautomobile/vehicledealer showrooms only.

7.B.f
Packet Pg. 275 Attachment: PowerPoint Presentation (4909 : Emergency IZO to Allow Automobile Dealers City Council | 01.25.22 | Item 7-B
Recommended Action
• Adopt Emergency Interim Ordinance amending
the Promenade Interim Zoning Ordinance by
allowing automobile/vehicle showrooms of all fuel
types

7.B.f
Packet Pg. 276 Attachment: PowerPoint Presentation (4909 : Emergency IZO to Allow Automobile Dealers Permitting Efficiency Study
May 18, 2021
January 25, 2022
Promenade Auto
Dealerships

7.B.f
Packet Pg. 277 Attachment: PowerPoint Presentation (4909 : Emergency IZO to Allow Automobile Dealers City Council Report
City Council Meeting: January 25, 2022
Agenda Item: 7.C
1 of 5
To: Mayor and City Council
From: Joseph Lawrence, Interim City Attorney, City Attorney's Office, Municipal Law Subject: Introduction for First Reading of an Ordinance to Amend Santa Monica Municipal Code Section 4.85.010 to define ‘lobbying activity’ and add Section

1. Amends Santa Monica Municipal Code Section 4.85.010 to define ‘lobbying activity’ and

Executive Summary
At its July 13, 2021 meeting, Council directed staff to return with a proposed ordinance, similar to that in place in Beverly Hills, that: (1) more precisely defines what constitutes a lobbyist/legislative advocate; (2) precludes any individual who in the prior two years has been acting as a lobbyist/legislative advocate from being appointed to a board, commission, or task force; and (3) precludes any member of a board, commission, or task force from simultaneously acting as a lobbyist/legislative advocate.

Based on staff’s review of lobbying ordinances in similar jurisdictions and a legal review on lobbying laws, staff recommends adding a definition of ‘lobbying activity’ to Section

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4.85.010 that will further describe actions by an individual that constitute lobbying. Staff also recommends creating Section 4.85.015 to prohibit any individual from serving on a City board, commission, task force, or advisory board if that individual is currently registered as a lobbyist in the City of Santa Monica or registered as a lobbyist in the two years prior to appointment.

Background
In 2016, Council adopted Ordinance No. 2511 (CCS) requiring lobbyists to register with the City Clerk’s office. All lobbyists must register no later than ten days after qualifying as a lobbyist, and any changes to the registration information must be reported within ten days of the change. The ordinance includes a list of exemptions intended to ensure that the ordinance is narrowly tailored to achieve its purpose of transparency without impermissibly burdening First Amendment rights.

Discussion
Addition of a ‘Lobbying Activity’ Definition to the Santa Monica Lobbying Ordinance As defined in Section 4.85.010, a lobbyist is any individual who receives economic consideration as the employee, representative, or contractor of a person or entity, other than the City of Santa Monica, for communicating with any official or employee of the City for the purpose of influencing a legislative or administrative action. “Lobbyist” does not include City contractors and those seeking City contracts through bids and proposals. Where Santa Monica’s Lobbying Ordinance differs from other jurisdictions is that other jurisdictions separately and more comprehensively define what constitutes lobbying activities.

In the City of Los Angeles, lobbying activities includes, “the following and similar compensated conduct when that conduct is related to a direct communication to influence any municipal legislation: 1. engaging in, either personally or through an agent, written or oral direct communication with a City official; 2. drafting ordinances, resolutions or regulations; 3. providing advice or recommending strategy to a client or others; 4. research, investigation and information gathering; 5. seeking to influence the position of a third party on municipal legislation or an issue related to municipal

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legislation by any means, including but not limited to engaging in community, public or press relations activities; and 6. attending or monitoring City meetings, hearings or other events.”
The City of Beverly Hills uses the term legislative advocate instead of lobbyist. ‘Legislative Advocacy’ includes. “ … the following and similar conduct for compensation when the conduct is related to attempting to influence Municipal legislation: A. Engaging in, either personally or through an agent, written, electronic, or oral direct communication with a City official; B. Drafting ordinances, resolutions, or regulations; C. Attempting to influence the position of any third party on Municipal legislation or an issue relating to Municipal legislation by any means, including, but not limited to, engaging in community or media relations activities; D. Advising clients regarding strategy for legislative advocacy.

Staff recommends adding a ‘lobbying activity’ definition to the Santa Monica Lobbying Ordinance that aligns with the definition Beverly Hills uses for ‘legislative advocacy’.

Staff does not believe that Santa Monica must adopt the terms ‘legislative advocate’ or ‘legislative advocacy’ as the legislative advocate role is generally encompassed in the more colloquial term lobbyist.

Section 4.85.010 would be amended as follows:

4.85.010 Definitions.
“Lobbyist” means any individual who engages in Lobbying Activity. receives economic consideration as the employee, representative or contractor of a person or entity other than the City of Santa Monica for communicating with any official or employee of the City for the purpose of influencing City action. For purposes of this Chapter, “Lobbyist” does not include City contractors and those seeking City contracts through bids and proposals.
“Lobbying Activity” includes the following and similar conduct for compensation when the conduct is related to attempting to influence City action: A. Engaging in, either personally or through an agent, written, electronic, or oral direct

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communication with a City Official; B. Drafting ordinances, resolutions, or regulations; C. Attempting to influence the position of any third party on City legislation or an issue relating to City legislation by any means, including, but not limited to, engaging in community or media relations activities; D. Advising clients regarding strategy for legislative advocacy.

“Official” means any person who is:
(a) Members of the City Council;
(b) Appointed by the City Council to serve on a board or commission and, the City Manager and City Clerk;
(c) A City employee appointed to serve as director of a City department; and (d) Any person who is required to file a Statement of Economic Interest.

Prohibiting Lobbyists from Serving on City Boards, Commissions, Task Forces, and Advisory Boards
At its July 13, 2021 meeting, Council also directed staff to propose an ordinance precluding any individual who in the prior two years has been acting as a lobbyist/legislative advocate from being appointed to a board, commission, or task force, and that precludes any member of a board, commission, or task force from simultaneously acting as a lobbyist/legislative advocate. Other jurisdictions prohibit locally registered lobbyists from serving on boards and commissions. Examples include the City of Los Angeles (Los Angeles City Charter Section 501), the City of Beverly Hills (Beverly Hills Municipal Code Section 2-2-104(D), and the State of California (Elections Code Section 21553, prohibiting members of the Redistricting Commission from serving as a local lobbyist in the State of California).

Staff recommends creating Section 4.85.015 to prohibit any individual from serving on a City board, commission, task force, or advisory board if that individual registered as a lobbyist in the two years prior to appointment, and prohibit that person from functioning as a Lobbyist while serving on a City board, commission, task force, or advisory board.

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Section 4.85.015 Prohibition on Lobbyists Serving on City Boards, Commissions, Task Forces, or Advisory Boards.

Any person appointed to a City board, commission, task force, or advisory board shall not have been a Lobbyist for at least two (2) years prior to the start of the term and once appointed, shall not function as a Lobbyist while serving on a City board, commission, task force, or advisory board. Any City board, commission, task force, or advisory board member who is a registered Lobbyist at the time this ordinance amendment takes effect shall immediately vacate their seat.

Currently, there is only one member of a City board who is registered as a Lobbyist in the City. The addition of the ‘lobbying activity’ definition to the Lobbying Ordinance may trigger additional lobbying registrations by current board, commission, task force, or advisory board members.

Financial Impacts and Budget Actions
There is no immediate financial impact or budget action necessary as a result of recommended action.

Prepared By: Brandon Ward, Deputy City Attorney
Approved Forwarded to Council
Attachments:

A. Lobbying Ordinance Amendment 01-25-2022

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1 City Council Meeting: January 25, 2022 Santa Monica, California ORDINANCE NUMBER _________ (CCS)
(City Council Series)

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA AMENDING SANTA MONICA MUNICIPAL CODE SECTION 4.85.010 TO DEFINE ‘LOBBYING ACTIVITY’ AND CREATING SECTION 4.85.015 TO PROHIBIT ANY

INDIVIDUAL FROM SERVING ON A CITY BOARD, COMMISSION, TASK FORCE, OR

ADVISORY BOARD IF THAT INDIVIDUAL IS CURRENTLY REGISTERED AS A

LOBBYIST IN THE CITY OF SANTA MONICA OR REGISTERED AS A LOBBYIST IN

THE TWO YEARS PRIOR TO APPOINTMENT
WHEREAS, in 2016, Council adopted Ordinance No. 2511 (CCS) requiring lobbyists to register with the City Clerk’s office; and WHEREAS, all lobbyists must register no later than ten days after qualifying as a lobbyist, and any changes to the registration information must be reported within ten days of the change; and the ordinance includes a list of exemptions intended to ensure that the ordinance is narrowly tailored to achieve its purpose of transparency without impermissibly burdening First Amendment rights; and
WHEREAS, at its July 13, 2021 meeting, Council directed staff to return with a proposed ordinance, similar to that in place in other municipalities that: (1) more precisely defines what constitutes a lobbyist/legislative advocate; (2) precludes any individual who in the prior two years has been acting as a lobbyist/legislative advocate from being

7.C.a
Packet Pg. 283 Attachment: Lobbying Ordinance Amendment 01-25-2022 (4825 : Amend Lobbyist Ordinance) 2 appointed to a board, commission, or task force; and (3) precludes any member of a board, commission, or task force from simultaneously acting as a lobbyist/legislative advocate; and
WHEREAS, this ordinance addressed the items in Council’s July 13, 2021 direction to staff.

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SANTA MONICA DOES HEREBY ORDAIN AS FOLLOWS:

Section 1. Santa Monica Municipal Code Section 4.85.010 is hereby amended as follows:

A. Engaging in, either personally or through an agent, written, electronic, or oral direct communication with a City Official;
B. Drafting ordinances, resolutions, or regulations; or

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Packet Pg. 284 Attachment: Lobbying Ordinance Amendment 01-25-2022 (4825 : Amend Lobbyist Ordinance) 3 C. Attempting to influence the position of any third party on City legislation or an issue relating to City legislation by any means, including, but not limited to, engaging in community or media relations activities;
D. Advising clients regarding strategy for legislative advocacy. “Official” means any person who is:
(a) Members of the City Council;
(b) Appointed by the City Council to serve on a board or commission and, the City Manager and City Clerk;
(c) A City employee appointed to serve as director of a City department; and (d) Any person who is required to file a Statement of Economic Interest.

Section 2. Santa Monica Municipal Code Section 4.85.015 is hereby created as follows:

Section 4.85.015 Prohibition on Lobbyists Serving on City Boards, Commissions, Task Forces, or Advisory Boards.

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Packet Pg. 285 Attachment: Lobbying Ordinance Amendment 01-25-2022 (4825 : Amend Lobbyist Ordinance) 4 Section 3. Any provision of the Santa Monica Municipal Code or appendices thereto inconsistent with the provisions of this Ordinance, to the extent of such inconsistencies and no further, is hereby repealed or modified to that extent necessary to affect the provisions of this Ordinance.

Section 4. If any section, subsection, sentence, clause, or phrase of this Ordinance is for any reason held to be invalid or unconstitutional by a decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this Ordinance. The City Council hereby declares that it would have passed this Ordinance and each and every section, subsection, sentence, clause, or phrase not declared invalid or unconstitutional without regard to whether any portion of the ordinance would be subsequently declared invalid or unconstitutional.

Section 5. The Mayor shall sign and the City Clerk shall attest to the passage of this Ordinance. The City Clerk shall cause the same to be published once in the official newspaper within 15 days after its adoption. This Ordinance shall take effect 30 days from its adoption.

APPROVED AS TO FORM:
_________________________

JOSEPH LAWRENCE
Interim City Attorney

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Packet Pg. 286 Attachment: Lobbying Ordinance Amendment 01-25-2022 (4825 : Amend Lobbyist Ordinance) City Council Report
City Council Meeting: January 25, 2022
Agenda Item: 7.D
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To: Mayor and City Council
From: Denise Anderson-Warren, City Clerk, Records and Election Services Department
Subject: Introduction and First Reading of an Ordinance amending Section 2.64.020 of Chapter 2.64 to the SMMC reducing the membership of the Arts Commission from 11 Commissioners to 9 Commissioners
Recommended Action
Staff recommends that the City Council introduce for first reading an Ordinance amending Section 2.64.020 of Chapter 2.64 to the SMMC reducing the membership of the Arts Commission from 11 Commissioners to 9 Commissioners.

Summary
At the December 14, 2021 Council Meeting, the ad hoc committee for boards and commissions brought forth a recommendation to decrease the membership of the Arts Commission from 11 members to 9 members. Council approved the recommendation and directed staff to bring forth legislation codifying the change in membership. This staff report seeks to codify the change in membership of the Arts Commission as prescribed in Section 2.64.020 of the Santa Monica Municipal Code.

Discussion
As part of its review of the boards and commissions program, the City Clerk’s Office consulted with department heads, liaisons, chairs and vice chairs of the boards and commissions to seek recommendations for how certain boards and commissions could be operated more effectively and efficiently. A recommendation was made to decrease the membership of the Arts Commission from 11 to 9 members due in part to the Commission having the difficulty of obtaining a quorum at many of its meetings. This

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matter was discussed by the ad hoc committee for boards and commissions and was brought forth by the ad hoc committee to Council for deliberation at the November 9, 2021 Council Meeting. At that time Council approved the recommendation to be placed on the December 14, 2021 Council meeting where all recommendations of the ad hoc committee were to be brought forth for Council approval. The reduction will occur as a result of not filling two current vacant seats created by the resignation of two members with terms expiring as of June 30, 2024.

Financial Impacts and Budget Actions
There is no immediate impact to the budget.

Prepared By: Nikima Newsome, Assistant City Clerk
Approved Forwarded to Council
Attachments:

A. Arts Commission Ordinance Amendment 1-25-2022

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1 City Council Meeting: January 25, 2022 Santa Monica, California ORDINANCE NUMBER _________ (CCS)
(City Council Series)

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA AMENDING SANTA MONICA MUNICIPAL CODE SECTION 2.64.020 TO DECREASE

THE MEMBERSHIP OF THE ARTS COMMISSION FROM ELEVEN TO NINE

MEMBERS
WHEREAS, at the December 14, 202 Council meeting, the ad hoc committee for boards and commissions brought forth a recommendation to decrease the membership of the Arts Commission from eleven members to nine members; and WHEREAS, the ad hoc committee recommended decreasing the membership of the Arts Commission from 11 to 9 members due in part to the Arts Commission’s difficulty in obtaining a quorum at many of its meetings; and
WHEREAS, at its December 14, 2021 meeting, Council approved the recommendation and directed staff to return with an ordinance amendment codifying the change in membership.

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SANTA MONICA DOES HEREBY ORDAIN AS FOLLOWS:

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Packet Pg. 289 Attachment: Arts Commission Ordinance Amendment 1-25-2022 (4911 : Introduction and First Reading of an Ordinance Amending Chapter 2 Section 1. Santa Monica Municipal Code Section 2.64.020 is hereby amended as follows:

2.64.020 Creation of Arts Commission.
(a) Pursuant to Section 1000 of the City Charter, an Arts Commission is created. The Commission shall consist of eleven nine members. A majority of the members in office at any time shall constitute a quorum. The members shall be appointed by the City Council. Except as otherwise provided in this Chapter, the Commission and Commissioners shall be subject to all the terms of Article X of the City Charter setting forth procedures for appointment of Commissioners, terms, and meetings. (b) Except as otherwise provided in Section 2.64.080, all Commissioners shall reside or work in the City and shall be actively involved in the arts. From and after April 10, 1990, any person appointed as a Commissioner must be a Director of the Santa Monica Arts Foundation. The Commission shall represent the diversity of the community and shall include minorities and working artists in the following disciplines:
(1) Performing arts such as drama, music, and dance.
(2) Visual arts such as painting, sculpture, photography, graphics, video art, and applied art.
(3) Communications arts such as film, television, and radio. (4) Literary arts such as literature, poetry, and journalism.

Commissioners may represent one or more of the disciplines indicated above.

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Packet Pg. 290 Attachment: Arts Commission Ordinance Amendment 1-25-2022 (4911 : Introduction and First Reading of an Ordinance Amending Chapter 3 Section 2. Any provision of the Santa Monica Municipal Code or appendices thereto inconsistent with the provisions of this Ordinance, to the extent of such inconsistencies and no further, is hereby repealed or modified to that extent necessary to affect the provisions of this Ordinance.

Section 3. If any section, subsection, sentence, clause, or phrase of this Ordinance is for any reason held to be invalid or unconstitutional by a decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this Ordinance. The City Council hereby declares that it would have passed this Ordinance and each and every section, subsection, sentence, clause, or phrase not declared invalid or unconstitutional without regard to whether any portion of the ordinance would be subsequently declared invalid or unconstitutional.

Section 4. The Mayor shall sign and the City Clerk shall attest to the passage of this Ordinance. The City Clerk shall cause the same to be published once in the official newspaper within 15 days after its adoption. This Ordinance shall take effect 30 days from its adoption.

APPROVED AS TO FORM:
_________________________

JOSEPH LAWRENCE
Interim City Attorney

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Packet Pg. 291 Attachment: Arts Commission Ordinance Amendment 1-25-2022 (4911 : Introduction and First Reading of an Ordinance Amending Chapter City Council Report
City Council Meeting: January 25, 2022
Agenda Item: 7.E
1 of 7
To: Mayor and City Council
From: David Martin, Director, Administration
Subject: Introduction and Adoption of an Emergency Interim Zoning Ordinance to Extend Interim Zoning Regulations Established by Emergency Interim Zoning Ordinance 2593 (CCS), Extended by Emergency Interim Zoning Ordinances 2599 (CCS) and 2626 (CCS), and Amended by Emergency Interim Zoning Ordinance 2643 (CCS) Revising the Demolition Permit Review Process Relating to the Preservation of Historic Resources
Recommended Action
Staff recommends that the City Council introduce and adopt an emergency Interim Zoning Ordinance to extend interim zoning regulations for the demolition permit review process relating to the preservation of historic resources.

Summary
In November 2018, the City Council adopted emergency Interim Zoning Ordinance 2592 (CCS), revising the demolition permit review process for buildings or structures 40 years of age or older. The interim zoning regulations established by Interim Zoning Ordinance 2592 were extended to November 13, 2021 by Interim Zoning Ordinances 2599 (CCS) and 2626 (CCS) to allow further study of the implementation of the revised process. With the declaration of a local emergency, IZO timelines were extended during the pendency of the emergency, so the IZO continues to be in effect.

As part of the City’s budget restructuring resulting from the impacts of the COVID19 pandemic, which included a reduction in Planning staff, Council approved a restructured historic preservation program, which included adoption of emergency Interim Zoning Ordinance 2643 (CCS), revising the interim demolition permit review

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process for buildings or structures 40 years of age or older. The revised process no longer includes a preliminary hearing by the Landmarks Commission to review demolition permits with the Landmarks Commission for properties 40 years of age and older. The ability for members of the public to file an application for designation of a building or structure as a City-designated Historic Resource during the 75-day waiting period remains. To help ensure the community has adequate information to determine whether to file an application, Council included additional noticing requirements in the revised process. If the 75-day waiting period lapses with no application filed, or if an application is filed and the building or structure is not designated, the demolition permit is issued.

The proposed emergency extension to the IZO would extend the interim zoning regulations with the revised demolition process to November 13, 2023. The revised process has only been effective during the COVID-19 public health emergency, and this extension will allow for further study and monitoring of implementation of the revised process as economic recovery efforts continue prior to making permanent changes to the Zoning Ordinance. All timelines associated with the demolition review process, including time for the Landmarks Commission to review any designation application filed during the 75-day waiting period, will remain the same.

Background
In June 2018, Planning Staff and the City Attorney’s Office commenced a review of the City’s demolition process applicable to buildings over 40 years of age and, as discussed more fully in the Council’s November 13, 2018 and January 8, 2019 staff reports, suspended the Landmarks Commission’s review of demolition permits. As a result, between June 1, 2018 and November 13, 2018 when the interim regulations originally went into effect, the Landmarks Commission did not review or discuss 58 demolition permit applications and a temporary stopgap process was implemented.

Public notice of demolition permit applications is provided online real-time through Open Data (https://data.smgov.net/Permits-Licenses/Active-Demolition-Permits-forBuildings-over-40-Ye/nvzr-qc5r/data), the Landmarks Commission website

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(https://www.smgov.net/Departments/PCD/Boards-Commissions/LandmarksCommission/) and via e-mail as requested, in addition to the required site posting.

In considering the revised demolition review process recommended for Council adoption, staff focused on four objectives, which were developed based on feedback from the community, City Council, and Landmarks Commission on the temporary stopgap process and the foundations of the demolition application review process:

1. Clarifying the Landmarks Commission’s authority to exercise its regulatory role in reviewing historic resources impacts created by proposed demolitions

2. Transparency in the public process

3. Clarity for property owners

4. Balancing staff resources across the entire preservation program On November 13, 2018, Council adopted Emergency Interim Zoning Ordinance 2592 (CCS) (“Interim Zoning Ordinance 2592”) to establish temporary regulations for the demolition permit review process set forth in Santa Monica Municipal Code (“SMMC”) Section 9.25 (Demolition and Relocation Ordinance). These interim regulations were established to safeguard the City’s historic, aesthetic, and cultural heritage while also balancing legal and procedural considerations. The emergency Interim Zoning Ordinance went into effect immediately after Council adoption. On January 8, 2019, pursuant to Santa Monica Charter Section and SMMC Section 9.46.090(C), the City Council adopted emergency Interim Zoning Ordinance Number 2599 (CCS) (“Interim Zoning Ordinance 2599”) to extend the interim regulations. At that time staff recommended that the proposed extension of the interim zoning regulations continue for 10 months until November 13, 2019 to provide an opportunity for further study of key issues and monitor implementation before making permanent changes to SMMC Chapter 9.25. On November 12, 2019, Council adopted an extension to the emergency Interim Zoning Ordinance to November 13, 2021 to align with the anticipated schedule for the Landmarks Ordinance Update. The Landmarks

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Ordinance Update has continued to be delayed due to the reductions in staffing that occurred in June 2020.

At its October 26, 2021 meeting, the City Council amended the fee schedule to provide that if the permit fee for an application to designate a property that is 40 years of age or older as a Landmark or Structure of Merit is filed while a demolition permit application is pending, the applicant for the Demolition Permit shall bear the actual costs of any historic consultant and the applicable Landmark Designation or Structure of Merit processing fee. Previously the applicant for the landmark or structure of merit designation would pay the processing fee.

Discussion
Implementation of the Emergency Interim Zoning Ordinance over the past two years has provided a consistent review process for both property owners and members of the public. The Landmarks Commission resumed meeting in July 2020 and the City has been regularly receiving nominations to designate properties associated with demolition application permits. Data on demolition and designation applications filed since the interim zoning regulations were revised in July 2020, include:
• Number of demolition applications filed – 66
o Number of designation applications filed by community as a result of demolition review – 4
• Designation applications filed outside of demolition review process o Property owner-initiated designation applications – 2 o Community-initiated designation applications - 3
This appears to be approximately the same level of designation activity as compared to the period before the interim zoning regulations were amended, as reported in the March 5, 2021 City Council Information Item (Attachment B). It does not appear that the revisions to the demolition review have resulted in a change in the rate of historic resources preservation. The community remains actively

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engaged in reviewing the demolition lists aided by transparency in public notification and resources made available by City staff including real-time posting of demolition applications, monthly postings of demolition lists with e-mail distribution, and a public-facing portal for review of building permits. However, because the interim zoning regulations were amended during the extraordinary circumstances surrounding the COVID-19 public health emergency, staff recommends extending the interim zoning regulations as amended in July 2020 to November 13, 2023 to allow further study and monitoring of the revised process as economic recovery continues prior to making permanent changes to the Zoning Ordinance.

The interim demolition review process retains the full 180-day period (inclusive of the 75- day waiting and public notification period) for the Landmarks Commission to review any designation applications that are filed by the community. The shifting of the designation application fee from the applicant to the demolition permit applicant will also remove financial barriers for community-led review and nomination of properties with demolition permit applications. Further, a competitive process administered by the City is underway to distribute historic preservation funds negotiated through development agreements (approximately $390,000) to historic preservation organizations that would assist in preservation activities. These activities could include application costs and other advocacy and educational activities, as stipulated in the terms of development agreements.

The interim demolition review process will still provide a public process to safeguard the City’s historic, aesthetic, and cultural heritage as embodied and reflected in improvements that represent the City’s cultural, social, economic, political, and architectural history.

Applicability
The proposed extension to the Emergency Interim Zoning Ordinance would continue to only apply to demolition permit applications and Landmarks Commission hearings that are scheduled as a result of a property-owner filed demolition permit application pursuant to the Demolition and Relocation Ordinance (SMMC Chapter 9.25). More

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specifically, the Interim Zoning Ordinance only applies to demolition permit applications for buildings over 40 years old and any designation application filed within the 75-day waiting period for a pending demolition permit application that has been determined to be complete.

It is important to note that the proposed extension to the Emergency Interim Zoning Ordinance does not change the procedures or timeframes set forth in the Landmarks and Historic Districts Ordinance (SMMC Chapter 9.56). The procedures and timeframes applicable to a Landmark Designation Application or Structure of Merit Designation Application (SMMC Sections 9.56.090 and 9.56.120) will continue to remain in effect for the following applications:

1. Landmark or Structure of Merit Designation Applications that are ownerinitiated and not in conjunction with a pending demolition permit application (i.e., self- nomination)

2. Landmark or Structure of Merit Designation Applications filed by a member of the public or non-profit organization that are not in response to a pending demolition permit application.

Environmental Analysis
The proposed interim ordinance is categorically exempt from the provisions of California Environmental Quality Act, California Public Resources Code Section 21000 et seq. (CEQA) pursuant to 15061(b)(3) of the State Implementation Guidelines (common sense exemption) because it can be seen with certainty that there is no possibility that the proposed IZO may have a significant effect on the environment. The determination is based on the record as whole, which includes, but is not limited to, evidence that the recommended IZO represents a temporary change to procedures for review of demolition permits for buildings over 40 years old in order to identify and protect historic resources that is administrative in nature and does not change any policy decisions made by the City Council in adopting the Zoning Ordinance. No adverse physical impacts on the environment would occur as a result

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of these changes. Therefore, no further environmental review under CEQA is required.

Financial Impacts and Budget Actions
There is no immediate financial impact or budget action necessary as a result of the recommended action.

Prepared By: Jing Yeo, Planning Manager
Approved Forwarded to Council
Attachments:

A. City Council Information Item: Update on Current Interim Zoning Ordinance for Review of Demolition Permit Applications (Web Link)
B. City Council Staff Report - IZO for Revised Demolition Process July 14, 2021 (Web Link)
C. CDD--Demolition IZO Extension - 01.25.2022
D. Written Comments
E. PowerPoint Presentation

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1 City Council Meeting: January 25, 2022 Santa Monica, California ORDINANCE NUMBER _____ (CCS)
(City Council Series)

AN EMERGENCY INTERIM ZONING ORDINANCE OF THE CITY COUNCIL OF THE

CITY OF SANTA MONICA EXTENDING EMERGENCY INTERIM ZONING

REGULATIONS ESTABLISHED BY EMERGENCY INTERIM ZONING ORDINANCE NUMBER 2592 (CCS), EXTENDED BY EMERGENCY INTERIM ZONING ORDINANCE NUMBERS 2599 AND 2626 (CCS), AND AMENDED BY EMERGENCY INTERIM ZONING ORDINANCE NUMBER 2643 (CCS) REVISING THE DEMOLITION

PERMIT REVIEW PROCESS RELATING TO THE PRESERVATION OF HISTORIC

RESOURCES
WHEREAS, historic preservation is a defining community value for the City of Santa Monica (the “City”); and
WHEREAS, this value reflects the community’s consensus that the City’s unique identity and character springs from its long and rich history; and WHEREAS, the community’s present and future welfare depend, in part, upon understanding the City’s history and evolution as a unique community; and WHEREAS, retention and preservation of historic resources also promotes the public health, safety and welfare by revitalizing neighborhoods and business districts, enhancing the City’s economy, improving local aesthetics, and enriching the City’s culture; and
WHEREAS, the Landmark and Historic District Ordinance of the City of Santa Monica (the “Landmark Ordinance”) was first adopted in 1976 to protect improvements and areas that represent elements of the City’s cultural, social, economic, political and architectural history; safeguard the City’s heritage as it is embodied and reflected in such

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Packet Pg. 299 Attachment: CDD--Demolition IZO Extension - 01.25.2022 [Revision 3] (4793 : Urgency Extension of Demolition IZO (20 mins)) 2 improvements and areas; foster civic and community pride; protect and enhance aesthetics and attractions; and promote the education, pleasure and welfare of City residents and visitors alike; and
WHEREAS, the City’s ongoing commitment to historic preservation was reaffirmed in 2002 when the City Council adopted the Historic Preservation Element of the General Plan, and again in 2010 when the City adopted the Land Use and Circulation Element of the General Plan (“LUCE”); and
WHEREAS, in 2015, the City adopted a comprehensive Zoning Ordinance Update, which emphasized the City’s historic preservation priorities by including enhanced protections and incentives for designated historic resources and potential historic resources throughout the City; and
WHEREAS, reviewing buildings or structures 40 years of age or older to identify, evaluate and preserve historic resources before they are lost to demolition is an essential component of the City’s historic preservation program; and WHEREAS, Santa Monica Municipal Code Chapter 9.25 sets forth a process for review of such buildings or structures by the Landmarks Commission and provides that no demolition of such buildings or structures shall be permitted for a period of 75 days during which time an application for Landmark, Structure of Merit, or Historic District may be filed; and
WHEREAS, in 2018, the City initiated a review of the demolition permit review process, in part due to developments in judicial guidance; and

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Packet Pg. 300 Attachment: CDD--Demolition IZO Extension - 01.25.2022 [Revision 3] (4793 : Urgency Extension of Demolition IZO (20 mins)) 3 WHEREAS, the City’s ongoing review of the demolition permit process and evolutions in judicial guidance necessitated that the Landmarks Commission temporarily forego reviewing demolition permits (the “suspension”); and WHEREAS, between 2016 and 2018, the City received an average of 100 demolition permit applications per year, all of which required review to determine potential historic significance to ensure preservation of the City’s cultural heritage and history; and WHEREAS, during the suspension, at least 48 applications for demolition permits were received, processed, and approved without any formal public review to determine potential historic significance and the necessity of preservation; and WHEREAS, this lack of review seriously impacted the City’s multi-decade effort to scrupulously preserve and protect each of its historic resources; and WHEREAS, during the suspension, the public, most prominently neighborhood groups and other nonprofit organizations, were thrusted into taking on an increased role in identifying potential historic resources; and
WHEREAS, while this increased role enhanced civic engagement and awareness in the City’s historic preservation program, such a shift in responsibility resulted in a less public and deliberative process for identification, evaluation and preservation of historic resources; and
WHEREAS, even a single unintended demolition of a historic resource seriously and irreparably harms the public welfare; and
WHEREAS, on November 13, 2018, the City Council adopted Emergency Interim Zoning Ordinance Number 2592 (CCS) (“Interim Zoning Ordinance 2592”) which immediately adopted a revised process to adequately protect the City’s precious historic

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Packet Pg. 301 Attachment: CDD--Demolition IZO Extension - 01.25.2022 [Revision 3] (4793 : Urgency Extension of Demolition IZO (20 mins)) 4 resources, retain a role for the Landmarks Commission, maintain a high level of transparency and public participation, ensure clarity for property owners, balance City resources across the historic preservation program, and comply with all relevant legal requirements; and
WHEREAS, the interim zoning regulations established by Interim Zoning Ordinance 2592 (“interim zoning regulations”) required the Landmarks Commission to conduct a Historic Resources Preliminary Review Hearing for each demolition permit application that proposes to demolish a building or structure 40 years of age or older, and at the conclusion of the Historic Resources Preliminary Review Hearing, the Landmarks Commission determined whether there is enough credible evidence in the record to proceed with a further public hearing to determine whether the building or structure meets the criteria for a Landmark or Structure of Merit; and
WHEREAS, if the Landmarks Commission determined that there was enough credible evidence in the record to proceed to a further public hearing, the Landmarks Commission was required to determine whether the building or structure met the criteria for Landmark or Structure of Merit (the “designation hearing”); and WHEREAS, the interim zoning regulations permitted any person to file an application to designate a building or structure as a Landmark or Structure of Merit within 75 days of the demolition permit application being determined complete, and if such an application was filed, the Landmarks Commission was required to conduct a designation hearing; and
WHEREAS, on January 8, 2019, pursuant to Santa Monica Municipal Code Section 9.46.090(C), the City Council adopted emergency Interim Zoning Ordinance

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Packet Pg. 302 Attachment: CDD--Demolition IZO Extension - 01.25.2022 [Revision 3] (4793 : Urgency Extension of Demolition IZO (20 mins)) 5 Number 2599 (CCS) (“Interim Zoning Ordinance 2599”) extending the interim zoning regulations to November 13, 2019 to allow further study of key issues and to monitor implementation of the revised review process before making permanent changes to the Zoning Ordinance; and
WHEREAS, on April 9, 2019, the City Council adopted Ordinance Number 2606 (CCS) (“Ordinance 2606”), which made certain changes, corrections and amendments to the City’s Zoning Ordinance, including the inclusion of a provision in Santa Monica Municipal Code Section 9.25.040(E) to allow the filing of demolition permit applications for 100% Affordable Housing Projects concurrently with filing permit applications, provided that for properties listed on the City’s Historic Resources Inventory, the Landmarks Commission had conducted a Historic Resources Preliminary Review Hearing and determined that there was not enough credible evidence to warrant a designation hearing; and
WHEREAS, in 2019, the City commenced a comprehensive update of the Landmark Ordinance; and
WHEREAS, on November 12, 2019, pursuant to Santa Monica Municipal Code Section 9.46.090(C), the City Council adopted emergency Interim Zoning Ordinance Number 2626 (CCS) (“Interim Zoning Ordinance 2626”) extending the interim zoning regulations until November 13, 2021 in order to allow the City to continue monitoring implementation of the revised review process and to allow further review of the interim procedures in conjunction with the Landmark Ordinance update process before making permanent changes to the Zoning Ordinance; and

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Packet Pg. 303 Attachment: CDD--Demolition IZO Extension - 01.25.2022 [Revision 3] (4793 : Urgency Extension of Demolition IZO (20 mins)) 6 WHEREAS, on March 13, 2020, the City Manager, in his role as the Director of Emergency Services, (“Director of Emergency Services”) proclaimed the existence of a local emergency pursuant to Chapter 2.16 of the Santa Monica Municipal Code to ensure the availability of mutual aid and an effective City response to the novel coronavirus (“COVID-19”) and this local emergency was restated on March 14, 2020, through a revised declaration of local emergency to ensure compliance with all digital signature requirements (the “Executive Order”); and
WHEREAS, on March 17, 2020, the Director of Emergency Services issued a Revised Fourth Supplement to the Executive Order which, in part: 1) pursuant to Section 5, suspended planning deadlines and automatic approvals, including deadlines for review of demolition permit applications for buildings or structures 40 years of age and older as set forth in Interim Zoning Ordinance 2626 (“demolition permit review deadlines”); and 2) pursuant to Section 6, extended all Interim Zoning Ordinances in effect during the term of the Order; and
WHEREAS, on April 24, 2020, the Director of Emergency Services issued a Twelfth Supplement to the Executive Order, which, in part, pursuant to Sections 1 through 3, tolled deadlines for reviewing and acting on planning applications, exercising rights under planning entitlements, and expiration of building permits, including demolition permit review deadlines; and
WHEREAS, on May 29, 2020, the Director of Emergency Services issued an Eighteenth Supplement to the Executive Order which, in part, superseded and replaced Section 5 of the Revised Fourth Supplement and Sections 1 through 3 of the Twelfth

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Packet Pg. 304 Attachment: CDD--Demolition IZO Extension - 01.25.2022 [Revision 3] (4793 : Urgency Extension of Demolition IZO (20 mins)) 7 Supplement to extend for two years the deadlines for planning, review, and permit-related actions, including demolition permit review deadlines; and WHEREAS, as of July 2020, pursuant to the Executive Order, and applicable supplements thereto, all demolition permit review deadlines were extended and no demolition permits were issued for approximately 16 buildings or structures with pending applications as of March 13, 2020; and
WHEREAS, the Landmarks Commission conducted a Historic Resources Preliminary Review Hearing for approximately 13 of those applications, and the Landmarks Commission determined that there was not enough credible evidence in the record to proceed to a designation hearing; and
WHEREAS, between March 13, 2020 and July 2020, the City received at least 16 applications for demolition that had not been processed or reviewed for potential historic significance; and
WHEREAS, the State is experiencing a housing supply crisis, with housing demand far outstripping supply; and
WHEREAS, in response to the housing crisis, the City’s housing policy has been focused on increasing and incentivizing the City’s housing supply; and WHEREAS, after March 13, 2020, the City received certain demolition permit applications for housing projects for which all necessary land use entitlements were issued prior to November 18, 2018, when the interim zoning regulations were first enacted; and

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Packet Pg. 305 Attachment: CDD--Demolition IZO Extension - 01.25.2022 [Revision 3] (4793 : Urgency Extension of Demolition IZO (20 mins)) 8 WHEREAS, the economic impacts of the COVID-19 pandemic devastated nearly all of the City’s revenue streams, including sales tax, transient occupancy tax, parking revenue, and business license revenue; and
WHEREAS, after reviewing these impacts at its April 14, 2020 meeting, the City Council directed staff to develop a plan to restructure City operations to meet the challenges posed by COVID-19 and to balance the budget; and WHEREAS, on May 5, 2020, the City Council adopted a restructuring plan (the “Restructuring Plan”) to: merge divisions from the Planning and Community Development and Community Services Departments into the Community Development and Community Services Departments; and
WHEREAS, on June 9, 2020, as part of the Restructuring Plan, the City Council approved City staff’s recommendation regarding a restructured historic preservation program, including a revised demolition permit review process to eliminate the Historic Resources Preliminary Review Hearing but retain the designation hearing in the event a person files an application to designate the building or structure as a Landmark or Structure of Merit; and
WHEREAS, the revised demolition permit review process focuses on increased notification to the community regarding demolition applications and provide an opportunity for the community to file applications for designation of buildings or structures as Landmarks or Structures of Merit; and
WHEREAS, on June 23, 2020, the City Council adopted the FY 2020-21 Operating Budget, including the revised demolition permit review process, and a resolution revising

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Packet Pg. 306 Attachment: CDD--Demolition IZO Extension - 01.25.2022 [Revision 3] (4793 : Urgency Extension of Demolition IZO (20 mins)) 9 the City’s master fee schedule to establish the fee to recover the cost of consultantprepared historic preservation assessments if an application for designation is filed; and WHEREAS, on July 14, 2020, the City Council adopted emergency Interim Zoning Ordinance 2643 (CCS) (“Interim Zoning Ordinance 2643”), amending the interim zoning regulations to: eliminate the Historic Resources Preliminary Review Hearing; retain the 75-day period in which individuals may file applications to designate a building or structure for which demolition is sought as a Landmark or Structure of Merit; retain the Landmark Commission’s authority to conduct a designation hearing whenever a person files an application to designate a building or structure for which demolition is sought as a Landmark or Structure of Merit; eliminate the ability to accept applications for 100% Affordable housing projects prior to or concurrently with a demolition permit application for properties on the Historic Resources Inventory; and provide deadlines for the community to file applications to designate buildings and structures and Landmarks and Structures of Merit for demolition permit applications that had not been processed due to the COVID-19 public health emergency; and
WHEREAS, on October 29, 2021, the Director of Emergency Services issued a Forty-First Supplement to the Executive Order to extend certain provisions of the Executive Order, including Section 6 of the Revised Fourth Supplement extending all Interim Zoning Ordinances, through January 31, 2022; and WHEREAS, although it does not appear that the revisions to the demolition review process established by Interim Zoning Ordinance 2643 have resulted in a change in the rate of historic resources preservation, the process was implemented during the

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Packet Pg. 307 Attachment: CDD--Demolition IZO Extension - 01.25.2022 [Revision 3] (4793 : Urgency Extension of Demolition IZO (20 mins)) 10 extraordinary circumstances surrounding the COVID-19 public health emergency, and economic recovery efforts are still underway; and
WHEREAS, the City Council desires to extend the interim zoning regulations as amended by Interim Zoning Ordinance 2643 to allow further study and monitoring of the revised process as economic recovery efforts continue prior to making permanent changes to the Zoning Ordinance; and
WHEREAS, there continues to exist a current and immediate threat to the public health, safety and welfare that requires maintaining the interim zoning regulations established by Interim Zoning Ordinance 2592, extended by Interim Zoning Ordinances 2599 and 2626, and as amended by Interim Zoning Ordinance 2643, because the revised demolition permit review process related to the preservation of historic resources ensures the City’s ability to properly identify, evaluate and preserve historic resources before they are lost to demolition; and
WHEREAS, adoption of this Emergency Interim Zoning Ordinance is necessary to preserve public peace, health, safety and welfare as it will ensure that buildings or structures over 40 years of age are properly reviewed in accordance with the City’s established goals of safeguarding the City’s historic, aesthetic and cultural heritage.

NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF SANTA MONICA DOES HEREBY ORDAIN AS FOLLOWS:

SECTION 1. Effect on Previously Approved Projects and Projects in Progress.

The following projects that would otherwise be subject to the revised process set forth in this Interim Zoning Ordinance shall have a vested right to proceed without complying with this Interim Zoning Ordinance:

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Packet Pg. 308 Attachment: CDD--Demolition IZO Extension - 01.25.2022 [Revision 3] (4793 : Urgency Extension of Demolition IZO (20 mins)) 11 (a) Development Agreement. Development in accordance with the terms and conditions of a development agreement that (i) includes specific provisions related to demolition of buildings or structures that would otherwise be subject to review under this Chapter 9.25 and (ii) has been approved by the City Council pursuant to Chapter 9.60 of the Municipal Code, or predecessor legislation, on or prior to November 13, 2018. (b) Demolition Permit Application. Any demolition permit application determined complete on or before November 13, 2018.

SECTION 2. Interim Zoning Regulations. Santa Monica Municipal Code section

9.25.040 shall be revised, and sections 9.25.042, 9.25.044, and 9.25.046 shall be added, as follows:

9.25.040 Requirements
The City shall not approve the demolition of any building or structure unless the applicant has complied with all of the following conditions:

A. A removal permit has been granted by the Rent Control Board, when required.

B. For multi-unit dwelling structures or structures within a Neighborhood Conservation Overlay District, the final permit to commence construction for a replacement project has been issued, or the building or structure is exempt from this requirement pursuant to Section 9.25.020 and a property maintenance plan has been approved in writing by the Director.

C. Prior to filing an application for a demolition permit, a notice of intent to demolish in a form provided by the Director has been prominently posted on the property.

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Packet Pg. 309 Attachment: CDD--Demolition IZO Extension - 01.25.2022 [Revision 3] (4793 : Urgency Extension of Demolition IZO (20 mins)) 12 D. A Certificate of Appropriateness or Economic Hardship has been approved by the Landmarks Commission or City Council on appeal, for demolition of any CityDesignated Historic Resource.

E. In addition to any other requirements imposed by this Section, applications for the demolition of a building or structure, the original permit for which was issued more than 40 years before the date of filing of the demolition permit application, shall be subject to the following requirements:

1. No permit shall issue for any application subject to this paragraph (E) unless:
a. Notice has been provided in accordance with Section

9.25.042; and
b. Either:
i. No person files an application pursuant to 9.25.044 to designate the building or structure as a City-Designated Historic Resource within the deadlines set forth in paragraph 2; or ii. The City makes a final determination that the building or structure does not merit designation as a City-Designated Historic Resource pursuant to Section 9.25.046 or Section

9.56.130.

2. No person shall file an application pursuant to 9.25.044 to designate the building or structure as a City-Designated Historic Resource later than the deadlines set forth in this paragraph, unless the demolition permit expires.

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Packet Pg. 310 Attachment: CDD--Demolition IZO Extension - 01.25.2022 [Revision 3] (4793 : Urgency Extension of Demolition IZO (20 mins)) 13 a. Demolition permit applications determined complete on or after July 15, 2020. No person shall file an application pursuant to 9.25.044 more than 75 days after the demolition permit application is determined complete.
b. Demolition permit applications determined complete on or before March 13, 2020 and pending as of July 14, 2020.
i. Except as provided in paragraph (ii), no person shall file an application pursuant to 9.25.044 after September 28, 2020. ii. Notwithstanding paragraph (i), no person shall file an application pursuant to 9.25.044 after August 1, 2020 if the Landmarks Commission conducted a Historic Resources Preliminary Review Hearing in accordance with the interim zoning regulations in effect at the time the application was determined complete, and the Landmarks Commission did not determine that there was enough credible evidence to conduct a hearing for potential designation of the building or structure as a Landmark or Structure of Merit.
c. Demolition permit applications determined complete after March 13, 2020 and before July 15, 2020.
i. Except as provided in paragraph (ii), no person shall file an application pursuant to 9.25.044 after September 28, 2020. ii. Notwithstanding paragraph (i), no person shall file an application pursuant to 9.25.044 after August 1, 2020, if the City issued all necessary land use entitlements for a proposed multiple unit dwelling to be

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Packet Pg. 311 Attachment: CDD--Demolition IZO Extension - 01.25.2022 [Revision 3] (4793 : Urgency Extension of Demolition IZO (20 mins)) 14 located on the property where the building or structure is located prior to November 13, 2018, and the building or structure to be demolished is not listed on the City’s Historic Resources Inventory.

F. No planning application subject to review by the Planning Commission, Architectural Review Board, or Zoning Administrator, shall be accepted for filing unless the applicant has satisfied the requirements of subsection E, as applicable. Notwithstanding the foregoing, the City shall accept applications for 100% Affordable Housing Projects that involve the demolition of existing buildings that do not appear on the City’s Historic Resources Inventory so long as a demolition permit application(s) for such building(s) is filed prior to or concurrently with the permit application for the 100% Affordable Housing Project.

9.25.042 Noticing Requirements for Demolition of Buildings or Structures 40 Years of Age or Older
A copy of the filing materials for each demolition permit application that proposes to demolish a building or structure for which the original permit was issued more than 40 years before the date of filing of the demolition permit application, consisting of a completed application form, site plan, photograph(s) of the building or structure, photo verification that the property has been posted with a notice of intent to demolish, and such additional information the Director deems appropriate, shall be made available on the City’s website and sent by email to any person who has requested notification from the Director. 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

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Packet Pg. 312 Attachment: CDD--Demolition IZO Extension - 01.25.2022 [Revision 3] (4793 : Urgency Extension of Demolition IZO (20 mins)) 15 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.

9.25.044 Historic Resources Designation Application
Subject to the deadlines set forth in Section 9.25.040(E)(2), any person may file an application on a form furnished by the Director to:

A. Designate the building or structure as a Landmark or Structure of Merit in accordance with the procedures set forth in Section 9.25.046; or B. Form or amend a Historic District to include the building or structure proposed for demolition in accordance with the procedures set forth in Section 9.56.130 of this Code.

9.25.046 Historic Resources Designation Hearing
If an application for designation as a Landmark or Structure of Merit is filed within the deadlines set forth in Section 9.25.040(E)(2), the City shall conduct a review of the application as follows:

A. Upon filing of an application for designation as a Landmark or Structure of Merit under 9.25.044, any alteration, restoration, construction, removal, relocation or demolition, in whole or in part, of or to the building or structure 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

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Packet Pg. 313 Attachment: CDD--Demolition IZO Extension - 01.25.2022 [Revision 3] (4793 : Urgency Extension of Demolition IZO (20 mins)) 16 or demolition until a final determination is rendered by the Commission, or the City Council on appeal in accordance with this Section.

B. The hearing shall be scheduled within 100 days of the filing of a complete application for Landmark or Structure of Merit under 9.25.044(A). The owner of the building or structure may agree to extend the time period allowed for the Landmarks Commission to conduct the public hearing.

C. The Director shall conduct an evaluation of the building, structure or property and shall make a recommendation to the Landmarks Commission, to be reviewed at a Commission public hearing, as to whether the building or structure merits designation as a Landmark or Structure of Merit.

D. Notice of the date, time, place and purpose of the Commission public hearing shall be given not more than twenty days and not less than ten days prior to the date of the hearing, as follows:

1. By at least one publication in a daily newspaper of general circulation; and

2. By mail to the demolition permit applicant, the owner of the building or structure, if not the same as the demolition permit applicant, all owners and residential and commercial tenants of all real property within three hundred feet of the exterior boundaries of the lot or lots on which the building or structure is situated, and to residential and commercial tenants of the building or structure, 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

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Packet Pg. 314 Attachment: CDD--Demolition IZO Extension - 01.25.2022 [Revision 3] (4793 : Urgency Extension of Demolition IZO (20 mins)) 17 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 Landmarks Commission’s review of the demolition permit application.

E. At the conclusion of the public hearing, or any continuation thereof, the Commission shall determine whether the building or structure meets the criteria for designation as a Landmark, as set forth in Section 9.56.100 of this Code, or Structure of Merit, as set forth in Section 9.56.080 of this Code, as follows:

1. Any decision regarding the potential designation must be rendered within 35 days of the date set for the initial public hearing.

2. If the Landmarks Commission determines that the building or structure merits designation as a Landmark, then the building or structure shall be so designated as a Landmark, and it shall be automatically determined that the building or structure does not merit designation as a Structure of Merit. The Landmarks Commission shall have the power to define and describe an appropriate Landmark Parcel in order to protect and preserve the resource, and to designate public spaces in accordance with Section 9.56.110 of this Code.

3. If the Landmarks Commission determines that the building or structure merits designation as a Structure of Merit, then the building or structure shall be so designated as a Structure of Merit, and it shall be automatically determined that the building or structure does not merit designation as a Landmark.

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Packet Pg. 315 Attachment: CDD--Demolition IZO Extension - 01.25.2022 [Revision 3] (4793 : Urgency Extension of Demolition IZO (20 mins)) 18 4. If the Landmarks Commission fails to take action regarding the potential designation of a Landmark or Structure of Merit within the thirty-five day period, it shall be automatically determined that the building or structure does not merit designation as a Landmark or Structure of Merit.

5. The owner of the building or structure may agree to extend the time period for the Landmarks Commission to conclude the public hearing.

6. An appeal to the City Council of an action taken or failure to act by the Landmarks Commission pursuant to this Section shall be processed in accordance with Section 9.56.180 of this Code.

F. The Landmarks Commission shall have the power, after a public hearing, whether at the time it renders a decision to designate a building or structure as a Landmark or Structure of Merit, or at any time thereafter, to specify the nature of any alteration, restoration, construction, removal, relocation or demolition of or to a Landmark, Landmark Parcel or Structure of Merit which may be performed without the prior issuance of a Certificate of Appropriateness pursuant to Chapter 9.56. The Landmarks Commission shall also have the power, after a public hearing, to amend, modify or rescind any designation decision and any specifications made pursuant to this paragraph.

G. Subject to the appeal rights set forth in this Section, a decision of the Landmarks Commission to designate a building or structure as a Landmark or Structure of Merit shall be in full force and effect from and after the date of the rendering of such decision by the Landmarks Commission.

H. Within thirty-five days after a decision has been rendered, the Landmarks Commission shall approve a statement of official action which shall include:

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Packet Pg. 316 Attachment: CDD--Demolition IZO Extension - 01.25.2022 [Revision 3] (4793 : Urgency Extension of Demolition IZO (20 mins)) 19 1. A statement of the applicable criteria and standards against which the building or structure was reviewed for designation;

2. A statement of the facts that establish compliance or non-compliance with each applicable criteria and standards;

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

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

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

I. Whenever the Landmarks Commission or the City Council on appeal determines, through action or inaction, that a building or structure reviewed pursuant to this Section does not merit designation as a Landmark or Structure of Merit, no application seeking designation as a City-Designated Historic Resource containing substantially the same information shall be filed, nor shall the building or structure be subject to the noticing set forth in Section 9.25.042, or review set forth in Section 9.25.046, within five years of the date of the final City decision. However, if significant new information is available, the Landmarks Commission, may waive the time limit by resolution. In addition, an application of the owner of the building or structure seeking designation as a City-Designated Historic Resource may be submitted and considered notwithstanding this five-year limitation period.

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Packet Pg. 317 Attachment: CDD--Demolition IZO Extension - 01.25.2022 [Revision 3] (4793 : Urgency Extension of Demolition IZO (20 mins)) 20 SECTION 3. In accordance with CEQA Guidelines Section 15061(b)(3), this Interim Zoning Ordinance is exempt from CEQA as it can be seen with certainty that the proposed ordinance does not have the potential to significantly impact the environment.

The determination is based on the record as whole, which includes, but is not limited to, evidence that this Interim Zoning Ordinance represents a temporary change to procedures for review of demolition permits for buildings over 40 years old in order to identify and protect historic resources that is administrative in nature and does not change any policy decisions made by the City Council in adopting the Zoning Ordinance, and no adverse physical impacts on the environment would occur as a result of these changes.

Thus, this Interim Zoning Ordinance has no potential to cause a significant effect on the environment.

SECTION 4. Any provision of the Santa Monica Municipal Code or any appendix thereto inconsistent with the provisions of this Ordinance, to the extent of such inconsistencies and no further, is hereby repealed or modified to that extent necessary to effect the provisions of this Ordinance.

SECTION 5. If any section, subsection, sentence, clause, or phrase of this Ordinance is for any reason held to be invalid or unconstitutional by a decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this Ordinance. The City Council hereby declares that it would have passed this Ordinance and each and every section, subsection, sentence, clause, or phrase not declared invalid or unconstitutional without regard to whether any portion of the ordinance would be subsequently declared invalid or unconstitutional.

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Packet Pg. 318 Attachment: CDD--Demolition IZO Extension - 01.25.2022 [Revision 3] (4793 : Urgency Extension of Demolition IZO (20 mins)) 21 SECTION 6. This Ordinance is declared to be an urgency measure necessary for preserving the public peace, health, safety or welfare, adopted pursuant to the provisions of Section 615 of the Santa Monica City Charter. As set forth in the findings above and in the November 13, 2018, January 9, 2019, November 12, 2019, July 14, 2020 and January 25, 2022 staff reports, this Ordinance is necessary for preserving the public peace, health, safety, and welfare. As an urgency measure, this Ordinance will be effective immediately upon adoption.

SECTION 7. The Mayor shall sign and the City Clerk shall attest to the passage of this Ordinance. The City Clerk shall cause the same to be published once in the official newspaper within 15 days after its adoption. This Ordinance shall become effective immediately upon adoption.

SECTION 8. This Ordinance shall be of no further force or effect as of November 13, 2023.

APPROVED AS TO FORM:
_________________________

JOSEPH LAWRENCE
Interim City Attorney

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Packet Pg. 319 Attachment: CDD--Demolition IZO Extension - 01.25.2022 [Revision 3] (4793 : Urgency Extension of Demolition IZO (20 mins)) 1 Vernice Hankins
From: ROGER GENSER <[email protected]>
Sent: Tuesday, January 25, 2022 11:49 AM
To: councilmtgitems
Subject: Item 7-E

EXTERNAL
Dear Mayor Himmelrich and Members of the Council:

Regarding item 7‐E concerning the extension of Emergency Interim Zoning Ordinance as it relates to the Landmarks Commission demolition review process:

It is recognized that that the City and planning staff have experienced unprecedented fiscal challenges due to the Covid‐ 19 crises.

The staff report and resolution reaffirms the importance of historic preservation as a continuing “Community Value” One of the fundamental roles of the Landmarks Commission as outlined in the Landmarks Ordinance is the review of demolition permits of buildings over 40 years of age.

The suspension of that role, as adopted in the various Interim Emergency Zoning Ordinances was intended to be both Interim and TEMPORARY.

This is reiterated in the staff report on 6 and serves as justification that the changes in the IZO do not impact CEQA.

The Commission’s role is fundamental in this process. It is recognized for its expertise in the field with four specific seats of expertise required in the Ordinance.

Although the number of demolition applications has not increased during the pandemic, the heavy burden of monitoring the ongoing and certain future increases of demolition applications is left to the public.

At the end of this series of Interim Ordinances that proposes to conclude on November 13, 2023, please return that fundamental role to the Commission. That role dates back to the unanimous adoption of original 1975 Landmarks Ordinance.

Thank you for your and consideration.

Roger Genser
Chair, Santa Monica Landmarks Commission For identification purposes Sent from my iPhone

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Packet Pg. 320 Attachment: Written Comments (4793 : Urgency Extension of Demolition IZO (20 mins)) Item 7-E
Demolition Permit Review
Process IZO Extension
City Council
January 25, 2022

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Packet Pg. 321 Attachment: PowerPoint Presentation (4793 : Urgency Extension of Demolition IZO (20 Demolition Review IZO | City Council | 01.25.2022
Adopt Extension to the emergency Interim Zoning Ordinance for the Demolition Permit Review Process
Recommended Action

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Packet Pg. 322 Attachment: PowerPoint Presentation (4793 : Urgency Extension of Demolition IZO (20 Demolition Review IZO | City Council | 01.25.2022
Council Past Actions on Demolition Review IZO
• November 2018 – Interim demolition review process adopted in line with judicial guidance • November 2019 – IZO extended to November 2021
• June 9, 2020 – Council gave direction on proposed budget including returning with proposal for restructured historic preservation program
• June 23, 2020 - Council adopted a restructured historic preservation program in line with staff and budget cuts
• July 14, 2020
• Revised demolition permit review process eliminated Landmarks Commission review of demolition permit applications
• Revised process maintains 75-Day waiting period and public notice • Application costs shifted to property owner
Background

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Packet Pg. 323 Attachment: PowerPoint Presentation (4793 : Urgency Extension of Demolition IZO (20 Demolition Review IZO | City Council | 01.25.2022
• Clarification of Landmarks Commission authority to exercise its regulatory role in reviewing historic resources impacts created by proposed demolitions • Transparency in the public process
• Clarity for property owners
• Balancingstaffresources across the entire preservation program Principles for Revised Demolition Review Process

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Packet Pg. 324 Attachment: PowerPoint Presentation (4793 : Urgency Extension of Demolition IZO (20 Demolition Review IZO | City Council | 01.25.2022
Revised vs Prior Demolition Review Process
Procedural Steps Prior Process
Total days to hearing Maximum 180-days to hearing
Who reviews? Landmarks Commission
Who pays for application fee? Designation applicant
Who pays for consultant report? City (approx. $80,000/year) # of Landmarks Comm. hearings preliminary + formal hearing (2) Revised Process
Maximum 180-days to hearing
Community
Demolition permit applicant
Demolition permit applicant
formal hearing (1)

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Packet Pg. 325 Attachment: PowerPoint Presentation (4793 : Urgency Extension of Demolition IZO (20 Demolition Review IZO | City Council | 01.25.2022
• Data since demolition IZO changes (July 2020 – present) • Number of demolition applications filed – 66
• Number of designation applications filed as a result of demolition review – 4 • Data during demolition review IZO (December 2018-July 2020) • Number of demolition applications filed – 114
• Number of resources designated as a result of demolition review - 3 • Data during community-based applications period when Landmarks Commission was not reviewing demolition permits (July-December 2018)
• Number of demolition applications filed – 56
• Number of resources designated as a result of demolition review – 5 Comparing Results of IZO vs Prior Process
NOTE: Rate of designation applications as a result of demolition applications relatively consistent across different processes

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Packet Pg. 326 Attachment: PowerPoint Presentation (4793 : Urgency Extension of Demolition IZO (20 Demolition Review IZO | City Council | 01.25.2022
Public Notification
• Enhancements to Public Notification for
Demo Permits
• Direct Link to Open Data Portal listing Demolition Permit Applications
• Monthly posting of demolition permit list in Landmarks Commission website
• Links to full demo application
• HRI properties – DPR sheets Included
• Permit records publicly searchable
• Sign-up box to receive e-mail notification of Landmarks Commission agendas and demolition list
• E-mail notification when demo list is posted
Example of Information Provided on Landmarks Website

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Packet Pg. 327 Attachment: PowerPoint Presentation (4793 : Urgency Extension of Demolition IZO (20 Demolition Review IZO | City Council | 01.25.2022
Adopt Extension to the emergency Interim Zoning Ordinance for the Demolition Permit Review Process
Recommended Action

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Packet Pg. 328 Attachment: PowerPoint Presentation (4793 : Urgency Extension of Demolition IZO (20 Demolition Review IZO | City Council | 01.25.2022
• Maximum 180-day process to hearing
• Community reviews demolition
applications
• Demolition permit applicant pays for
designation application fee
• Demolition permit applicant pays for
consultant report
• Landmarks Commission holds
designation hearing
Revised vs Prior Demolition Review Process
• Maximum 180-day process to hearing
• Landmarks Commission reviews
demolition applications in preliminary
hearing
• City paid for assessment reports
(approximately $80,000/year)
• Landmarks Commission holds
designation hearing
Revised Process Prior Process

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Packet Pg. 329 Attachment: PowerPoint Presentation (4793 : Urgency Extension of Demolition IZO (20 City Council Report
City Council Meeting: January 25, 2022
Agenda Item: 7.F
1 of 8
To: Mayor and City Council
From: David Martin, Director, Administration
Subject: Introduction and Adoption of an Emergency Interim Zoning Ordinance to Extend Interim Zoning Regulations Established by Emergency Interim Zoning Ordinance 2633 and Extended by 2645 Amending Santa Monica Municipal Code Chapter 9.39 and Section 9.40.20 to Increase Thresholds for Review of One Hundred Percent Affordable Housing Projects and Housing Projects Subject to the Housing Accountability Act by Administrative Approval Recommended Action
Staff recommends that the City Council introduce and adopt an emergency Interim Zoning Ordinance to extend interim regulations authorizing 100% affordable housing projects and Tier 2 housing projects subject to the Housing Accountability Act to be reviewed through an Administrative Approval process.

Summary
The Housing Accountability Act (California Government Code Section 65589.5) (“HAA”) was enacted by the State Legislature in 1982 and prohibits cities from denying or placing conditions on housing development projects that comply with a city’s “objective” general plan, zoning, subdivision, and design review standards (e.g., height, floor-arearatio (FAR), density), without personal discretion or subjective judgment on the part of City staff. The HAA defines “housing development project” as: (a) residential units only; (b) mixed-use developments consisting of residential and nonresidential uses with at least two-thirds of the square footage designated for residential use; and (c) transitional housing or supportive housing. The stated intent of the HAA is to ensure that local governments do not reject or make infeasible housing development projects that contribute to meeting their Regional Housing Needs Allocation (RHNA). The RHNA is a state-mandated process that determines the amount of future housing growth each city

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and county must plan for in its Housing Element. For the 2021-2029 Housing Element cycle, Santa Monica’s RHNA is 8,895 units, of which 69% must be affordable housing units.

Supporting housing production, particularly affordable housing, has long been a core policy focus for the City and is embedded in the City’s adopted land use plans including the 2010 Land Use and Circulation Element (LUCE), 2013 Bergamot Area Plan (“Bergamot Plan”), and 2017 Downtown Community Plan (“Downtown Plan”). These plans have been implemented through the 2015 Zoning Ordinance Update and subsequent amendments. The most recently adopted 6th Cycle Housing Element was transmitted to California Department of Housing and Community Development on November 10, 2021 and is pending their review and comment as part of the certification process.

Given the very limited discretion afforded to cities for qualifying projects under the HAA and the need to create better housing affordability in Santa Monica, on March 10, 2020, the City Council adopted an emergency Interim Zoning Ordinance (“IZO”) authorizing 100% affordable housing projects and Tier 2
1 housing projects compliant with the HAA,
to be reviewed and approved without a public hearing through an Administrative Approval process. A public hearing by the Architectural Review Board (ARB) for design review is still required. The IZO was extended on August 25, 2020 and under current emergency orders, the IZO would expire on January 31, 2022.

Staff proposes to extend and amend the interim zoning regulations until May 31, 2022.

Extension of the IZO would sustain a streamlined process for 100% affordable and Tier 2 housing projects pending certification and implementation of the adopted Housing Element. Extension would also allow time for Council to make the IZO provisions permanent by amending review processes in the Zoning Ordinance for housing projects to be consistent with Program 1A of the adopted 6th Cycle Housing Element (By-Right 1 The Land Use and Circulation Element created a tiered land use system based on increments of height and floor area ratio (FAR). Tier 1 establishes a base height and FAR while Tier 2 establishes additional height and FAR that can be requested if community benefits are provided.

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Approvals for Housing Projects). The proposed termination date of the IZO is based on timing of the first phase of permanent zoning and land use plan changes necessary to implement the 6th Cycle Housing Element, which are scheduled to be brought forward to the Council on March 22, 2022. Further, with the establishment of generally applicable leasing regulations in Chapter 6.22, and in order to avoid potential inconsistencies with Chapter 6.22, staff proposes deletion of the requirement to record a deed restriction on the property establishing leasing restrictions as set forth in Section 9.39.020(A)(3)(c) of the IZO.

With the economic challenges brought by the COVID-19 pandemic, there is even more need to ensure that affordable housing and housing production continues to be supported through a streamlined process. Within the context of California’s housing crisis, pending Housing Element certification and implementation, and the continued urgent need to produce affordable housing, this extension to May 31, 2022 is recommended in order to continue to support housing production until Council has the opportunity to evaluate long-term policy solutions this spring.

Background
Table 1: Past Council Actions
Meeting Date Description
July 6, 2010
(Attachment B)
Adoption of Land Use and Circulation Element
September 11, 2013
(Attachment C)
Adoption of Bergamot Area Plan
June 23, 2015
(Attachment D)
Adoption of Zoning Ordinance Update
July 25, 2017
(Attachment E)
Adoption of Downtown Community Plan
December 10, 2019
(Attachment F)
Council study session on housing policy
March 10, 2020
(Attachment G)
Adoption of Emergency Interim Zoning Ordinance
August 25, 2020
(Attachment H)
Extension of Emergency Interim Zoning Ordinance

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The Land Use and Circulation Element (LUCE) was adopted by City Council on July 6, 2010. The Land Use and Circulation Element (LUCE) set forth a land use system based on the premise that projects with increased height and FAR above the base would provide additional community benefits. This concept was then largely transferred to the Bergamot Plan, Downtown Plan, and zoning ordinance. The LUCE sets forth development parameters for each land use designation including establishing the review process for Tier 1, Tier 2, and Tier 3 projects. As a result, the zoning ordinance and adopted plans (i.e. LUCE, Bergamot Plan, Downtown Plan) establish the conditions where a Planning Commission public hearing is required, specifically, height and FAR for Tier 2 projects and process thresholds based on project size. For example, the LUCE states that Tier 1 projects are ministerial up to the discretionary review threshold established in the zoning ordinance. Similarly, 100% affordable housing projects are identified as being only subject to administrative review if they do not exceed 50 units.

While helpful in providing guidance for implementation, such process thresholds are already in the zoning ordinance and not necessary in the LUCE. As part of the implementation of the LUCE, the Bergamot Plan was adopted by City Council in September 2013. The Plan includes the same process thresholds as the LUCE.

The Downtown Plan was adopted by City Council in July 2017 and amended on August 25, 2020 to include housing production incentives by way of allowing all Downtown Tier 2 housing projects to be exempt from Development Review Permit requirements, which would require review at a Planning Commission public hearing. The requirement for development agreements for Tier 3 housing projects over 90,000 sf was also eliminated in favor of requiring those projects be processed through a Development Review Permit process.

Table 2: Downtown Application Thresholds Table
Housing Project All Other Projects
Administrative Approval* Tier 1 projects Less than 10,000 sf Tier 2 projects
Development Review
Permit** Tier 3 projects 10,000 – 30,000 sf
Development Agreement N/A Greater than 30,000 sf

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*No public hearing required
**Planning Commission public hearing required
On December 10, 2019, Council held a study session regarding housing policy in light of State and Regional directives regarding housing production. Council directed staff to proceed with efforts to support housing production, particularly 100% affordable housing.

The IZO was first introduced and adopted on March 10, 2020. The IZO was extended on August 25, 2020. Also on August 25, 2020, the Council introduced for first reading an ordinance to establish residential leasing regulations (SMMC Chapter 6.22), which were adopted on September 8, 2020 and subsequently amended on October 27, 2020, primarily to allow for certain exceptions and to expand the documentation that may be used to demonstrate primary residence. The residential leasing regulations are similar to the streamlining eligibility requirements in the IZO, except that the IZO requires Tier 2 housing projects with rental units to record a deed restriction imposing certain leasing requirements to ensure that the units in the project will be used to supply long-term housing to tenants who wish to make Santa Monica their primary residence. Further, due to the amendments to Chapter 6.22 adopted by Council on October 27, 2020, there are inconsistencies between the IZO and the residential leasing regulations.

Discussion
Based on consultation with both affordable and market-rate housing providers, the uncertainty presented by a discretionary process is a factor in whether to move forward with housing projects when factored with other project risks like land cost, construction costs, and lender requirements. Over the past five years, the City issued building permits for approximately 200 units/year, on average, for housing projects, of which approximately 20% are for affordable housing. With the adopted Housing Element requiring the City to demonstrate that building permits could potentially be issued for approximately 1,100 units/year between 2021 and 2029, of which 69% are to be for affordable housing, there is a need to establish parameters that maximize streamlining of the housing approval process.

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At the time of adoption of the Land Use and Circulation Element (LUCE) and Bergamot Plan as implemented through the 2015 Zoning Ordinance Update, the City Council required projects that exceed certain height and Floor Area Ratio (FAR) thresholds to be reviewed by the Planning Commission at public hearings. Streamlining the approval process for 100% affordable housing projects, and projects subject to the HAA, over which the City has very limited discretion under State law, should encourage housing production in a way that aligns with the intent of the City’s tiered land use system.

Process Thresholds for 100% Affordable Housing Projects Except for the Downtown Plan area, the existing Zoning Ordinance requires 100% affordable housing projects over 50 units to be reviewed through a Development Review Permit process. These projects are typically code compliant and would produce much needed affordable housing units and thus, a discretionary review process has little or no added value. In addition, affordable housing projects within one half mile of a major transit stop are afforded additional development potential and concessions through recent changes to the State density bonus law. With challenges in available funding, 100% affordable housing projects are turning to financing sources such as tax credits, which establish a strict schedule for obtaining entitlements and building permits.

These financing tools and State bonuses will be more effective in producing affordable housing if paired with streamlined local processes to ensure that these units are brought to the market as quickly as possible. The following chart shows a timeline comparison between the existing review procedures and the IZO procedures for review of 100% affordable housing:

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Process Thresholds for Housing Projects Subject to the Housing Accountability Act The Housing Accountability Act (HAA) severely restricts a local jurisdiction’s discretionary review of housing projects that meet objective general plan, zoning and subdivision standards and criteria, including, design review standards, in effect at the time the project application is deemed complete. Specifically, the HAA prohibits the City from denying a housing project, or placing conditions on a housing project that would have the effect of reducing the project’s density, unless the City determines that the project would have a specific, adverse effect on public health and safety. As a result, cities are afforded narrow jurisdiction over housing projects that are protected by the HAA, raising questions regarding the utility of public hearings for housing projects if the City essentially has no ability to disapprove or unduly condition housing projects.

In accordance with the HAA, the interim zoning regulations that staff proposes to extend seek to provide a streamlined administrative process for Tier 2 housing projects that meet all objective general plan, zoning, and subdivisions standards and criteria in effect at the time the project application is deemed complete. In accordance with SMMC Chapter 6.22, housing projects with rental units are required to ensure that units are used to supply long-term housing to tenants who wish to make Santa Monica their primary residence.

The residential leasing regulations established in Chapter 6.22 are similar but are not identical to the rental unit requirements in the interim zoning regulations. The only distinction between the Chapter 6.22 residential lease regulations and Section

9.39.020(A)(3)(c) of the IZO is that Chapter 6.22 does not require that a deed restriction be recorded against a property. However, the provisions of Chapter 6.22 would be applicable to any future rental units such that the deed restriction is no longer necessary and the duplicative leasing provisions in the IZO can be deleted.

Environmental Analysis
The proposed extension of the Urgency Interim Zoning Ordinance establishing application process thresholds for 100% affordable housing projects and Tier 2 housing

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projects compliant with the Housing Accountability Act are categorically exempt from the provisions of the California Environmental Quality Act (CEQA) pursuant to Section 15061(b)(3) of the State Implementation Guidelines (common sense exemption).

Based on the evidence in the record, it can be seen with certainty that there is no possibility that the proposed changes may have a significant effect on the environment.

The recommended amendments represent procedural changes in how projects are reviewed and do not substantively affect the policy decisions with respect to development standards or land use regulations made with the City Council’s adoption of the 2015 Zoning Ordinance Update. Therefore, no further environmental review under CEQA is required.

Financial Impacts and Budget Actions
There is no immediate financial impact or budget action necessary as a result of the recommended action.

Prepared By: Jing Yeo, Planning Manager
Approved Forwarded to Council
Attachments:

A. Housing Process Thresholds 2d IZO Extension 01.25.2022 B. July 6, 2010 City Council Meeting (Web Link)
C. September 10, 2013 City Council Meeting (Web Link)
D. June 23, 2015 City Council Meeting (Web Link)
E. July 25, 2017 City Council Meeting (Web Link)
F. December 10, 2019 City Council Meeting (Web Link)
G. March 10, 2020 City Council Meeting (Web Link)
H. August 25, 2020 City Council Meeting (Web Link)
I. Written Comments
J. PowerPoint Presentation

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1 City Council Meeting: January 25, 2022 Santa Monica, California ORDINANCE NUMBER _____ (CCS)
(City Council Series)

AN EMERGENCY INTERIM ZONING ORDINANCE OF THE CITY COUNCIL OF THE

CITY OF SANTA MONICA TO EXTEND INTERIM ZONING REGULATIONS ESTABLISHED BY EMERGENCY INTERIM ZONING ORDINANCE 2633 AND AMENDED AND EXTENDED BY EMERGENCY INTERIM ZONING ORDINANCE 2645 AMENDING SANTA MONICA MUNICIPAL CODE CHAPTER 9.39 AND SECTION

9.40.020 TO INCREASE THRESHOLDS FOR REVIEW OF ONE HUNDRED

PERCENT AFFORDABLE HOUSING PROJECTS AND HOUSING PROJECTS

SUBJECT TO THE HOUSING ACCOUNTABILITY ACT BY ADMINISTRATIVE

APPROVAL
WHEREAS, the State is experiencing a housing supply crisis, with housing demand far outstripping supply; and
WHEREAS, in 2018, California ranked 49th out of the 50 states in housing units per capita; and
WHEREAS, housing crisis has particularly exacerbated the need for affordable homes at prices below market rates; and
WHEREAS, the housing crisis has resulted in increased poverty and homelessness, especially first-time homelessness, forced lower income residents into crowded and unsafe housing in urban areas, and forced families into lower cost new housing at the urban-rural interface with longer commute times and a higher exposure to fire hazard; and

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Packet Pg. 338 Attachment: Housing Process Thresholds 2d IZO Extension 01.25.2022 [Revision 1] (4808 : Extend IZO Related to Process Thresholds for 2 WHEREAS, California needs an estimated 180,000 additional homes annually to keep up with population growth, and the Governor has called for 3.5 million new homes to be built over the next 7 years; and
WHEREAS, the City’s Regional Housing Needs Assessment (“RHNA”) for the 6th Cycle Housing Element is an allocation of approximately 8,800 units, of which 69% would be affordable housing; and
WHEREAS, on July 6, 2010, the City Council adopted the Land Use and Circulation Element of the City’s General Plan (“LUCE”) which designates the proposed general distribution, location and extent of land uses within the City; and WHEREAS, the LUCE was adopted after an extensive planning process, and addresses neighborhood conservation and enhancement; integrated land use and transportation; proactive congestion management; complete neighborhoods with increased open space; community benefits; quality urban character and form; preservation of historic resources; and growth management; and WHEREAS, the LUCE differs from prior Land Use and Circulation elements, in part, by establishing a direct link between land use and transportation policies and programs and the establishment of new development policies and standards which ensure that quality development contributes to the character of the City; and WHEREAS, the LUCE establishes a base height for each land use as a baseline, and proposed development which seeks additional height above the base height is subject to discretionary review and must meet additional requirements consistent with the community’s broader social, environmental, and circulation goals – an approach defined in three tiers; and

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Packet Pg. 339 Attachment: Housing Process Thresholds 2d IZO Extension 01.25.2022 [Revision 1] (4808 : Extend IZO Related to Process Thresholds for 3 WHEREAS, the LUCE provides certain bonuses, concessions and incentives for one hundred percent affordable housing projects, including a provision that allows for ministerial approval for projects of up to 50 units in size; and WHEREAS, on September 11, 2013, the City Council adopted the Bergamot Area Plan (“BAP”), which provides policies and standards to transition 142.5 acres of former industrial lands into an arts-focused, transit-oriented, mixed use, pedestrian-oriented neighborhood anchored by the Bergamot Exposition Light Rail Station; and WHEREAS, the BAP envisions creating the City’s most sustainable neighborhood—one that both conserves the authentic, industrial character that has fostered a creative community in the area and removes barriers to housing, local restaurants and services to take full advantage of the arrival of the Exposition Light Rail; and
WHEREAS, the BAP encourages and creates opportunities to develop appropriate housing for all members of the community, with a target of at least 30% of housing affordable to people earning between 30% and 180% of the area median income; and WHEREAS, the BAP sets forth certain thresholds for processing development projects, including housing projects, in the plan area; and WHEREAS, on July 25, 2017, the City Council adopted the Downtown Community Plan (“DCP”) which sets forth the City’s vision of the Downtown as a high quality, mixeduse district offering opportunities for housing for people across the income spectrum, jobs, arts and culture, local serving retail, and community and visitor gathering places; and WHEREAS, in the DCP, Downtown housing projects are encouraged to support a strong and economically diverse residential neighborhood component; and

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Packet Pg. 340 Attachment: Housing Process Thresholds 2d IZO Extension 01.25.2022 [Revision 1] (4808 : Extend IZO Related to Process Thresholds for 4 WHEREAS, the DCP supports that encouragement by differentiating between housing projects and commercial projects and provides for various incentives for housing projects, including streamlined processing by allowing for ministerial review of all one hundred percent affordable housing projects and any other housing project up to 75,000 square feet; and
WHEREAS, the Zoning Ordinance implements the process thresholds for review of housing projects consistent with the LUCE, BAP, and DCP by requiring projects subject to ministerial review to be reviewed by the Administrative Approval process and projects that exceed ministerial review process thresholds to be reviewed by the Development Review Permit process; and
WHEREAS, a RHNA allocation of 8,880 units with 69% affordability in the 6th Cycle Housing Element will require the City to permit approximately 1,000 housing units a year between 2021 and 2029, 700 of which each year are required to be affordable housing; and
WHEREAS, 100% affordable housing projects, with challenges in available funding, are turning to financing sources such as tax credits, which establish a strict schedule for obtaining entitlements and building permits which are more easily met with a ministerial, rather than discretionary, review process; and WHEREAS, the Housing Accountability Act, California Government Code Section 65589.5 (the “HAA”), places strict limitations on the City’s discretion to deny, reduce the density of, or place conditions on a housing project that complies with objective general plan, zoning, and subdivision standards and criteria, including design review standards in effect at the time the application is determined complete; and

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Packet Pg. 341 Attachment: Housing Process Thresholds 2d IZO Extension 01.25.2022 [Revision 1] (4808 : Extend IZO Related to Process Thresholds for 5 WHEREAS, requiring discretionary review for housing projects that comply with objective general plan, zoning, and subdivision standards and criteria, including design review standards in effect at the time the application is determined complete, adds time and expense to housing production without providing any meaningful benefit to the community; and
WHEREAS, on December 10, 2019, the City Council conducted a study session on housing policy in part to discuss options for increasing housing production throughout the City with a particular emphasis on incentivizing one hundred percent affordable housing projects, and considered whether increasing the thresholds for ministerial review of certain housing projects would further stimulate housing production; and WHEREAS, on February 5, 2020, the Planning Commission adopted a Resolution of Intention, Resolution Number 20-002 (PCS), declaring its intention to consider recommending to the City Council that the City Council amend the text of the LUCE, the BAP, and the DCP to increase the thresholds for ministerial review of one hundred percent affordable housing projects and housing projects subject to the HAA; and WHEREAS, on February 19, 2020, the Planning Commission conducted a duly noticed public hearing, and after considering oral and written testimony regarding the proposed amendments to the text of the LUCE, BAP, and DCP, adopted a Resolution of Recommendation, Resolution Number 20-005 (PCS) recommending to the City Council that the City Council adopt the proposed amendments; and WHEREAS, on March 10, 2020, the City Council conducted a duly noticed public hearing to consider the recommendation of the Planning Commission, and, after considering all oral and written testimony, adopted Resolutions Numbers 11237 (CCS),

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Packet Pg. 342 Attachment: Housing Process Thresholds 2d IZO Extension 01.25.2022 [Revision 1] (4808 : Extend IZO Related to Process Thresholds for 6 11238 (CCS), and 11239 (CCS) to amend the LUCE, BAP, and DCP to increase the thresholds for ministerial review of one hundred percent affordable housing projects and housing projects subject to the HAA; and
WHEREAS, on March 10, 2020, the City Council adopted emergency Interim Zoning Ordinance Number 2633 (CCS) (“Interim Zoning Ordinance 2633”), which immediately permitted one hundred percent affordable housing projects and housing projects subject to the HAA that do not exceed Tier 2 maximums to be processed by Administrative Approval rather than a Development Review Permit under certain conditions; and
WHEREAS, pursuant to Santa Monica Municipal Code Section 9.46.090(C), Interim Zoning Ordinance 2633 was set expire sixty days after its effective date, or on May 9, 2020; and
WHEREAS, on March 13, 2020, the City Manager, in his role as the Director of Emergency Services, (“Director of Emergency Services”) proclaimed the existence of a local emergency pursuant to Chapter 2.16 of the Santa Monica Municipal Code to ensure the availability of mutual aid and an effective the City’s response to the novel coronavirus (“COVID-19”) and this local emergency was restated on March 14, 2020, through a revised declaration of local emergency to ensure compliance with all digital signature requirements (the “Executive Order”); and
WHEREAS, on March 17, 2020, the Director of Emergency Services issued a Revised Fourth Supplement to the Executive Order (the “Revised Fourth Supplement”) which, in part, extended all Interim Zoning Ordinances in effect during the term of the Order; and

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Packet Pg. 343 Attachment: Housing Process Thresholds 2d IZO Extension 01.25.2022 [Revision 1] (4808 : Extend IZO Related to Process Thresholds for 7 WHEREAS, on August 25, 2020, the City Council adopted emergency Interim Zoning Ordinance Number 2645 (CCS), which extended the interim zoning regulations adopted by Interim Zoning Ordinance 2633 (the “interim zoning regulations”) to December 31, 2021; and
WHEREAS, Interim Zoning Ordinance 2645 also amended the interim zoning regulations to accord with the ordinance the City Council introduced for first reading on August 25, 2020 to add Santa Monica Municipal Code Chapter 6.22: Residential Leasing Requirements, and provide more certainty for landlords and tenants, amended the interim zoning regulations to require that all leases be made to tenants who will use and occupy the rental housing unit as the tenants’ “primary residence” rather than “domicile” as that term is defined by Elections Code Section 349(b) and that all leases be in writing and provide for a minimum initial term of one year; and
WHEREAS, on September 8, 2020, the City Council adopted Ordinance Number 2650 (CCS), adopting Chapter 6.22, Residential Leasing Requirements (“Chapter 6.22”), which requires that all residential housing units must be leased to natural persons, tenants leasing residential housing units must use and occupy the residential housing unit as the tenant’s primary residence, all residential housing units must be leased for an initial lease term of at least one year, and all residential housing units must be delivered unfurnished; and
WHEREAS, on October 27, 2020, the City Council adopted Ordinance Number 2655 (CCS), which amended Chapter 6.22 to: expand options to demonstrate proof of primary residence to ensure undocumented students have access to rental housing; exempt certain leases of owner-occupied single- and multiple-unit dwellings, and

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Packet Pg. 344 Attachment: Housing Process Thresholds 2d IZO Extension 01.25.2022 [Revision 1] (4808 : Extend IZO Related to Process Thresholds for 8 accessory dwelling units and junior accessory dwelling units located on parcels with owner-occupied single-unit dwellings, and leases that provide for temporary relocation housing for tenants who are subject to temporary relocation under Santa Monica Municipal Code Sections 4.36.100 or 8.100.030 from the residential leasing requirements; and
WHEREAS, in accordance with Santa Monica Municipal Code Section 6.22.130, the Director of the Community Development Department has promulgated administrative regulations, which were most recently updated on January 29, 2021, related to noticing procedures and requirements and to further clarify applicability of Chapter 6.22; and WHEREAS, on October 12, 2021, the City Council adopted the 6th Cycle (2021- 2029) Housing Element, which, pursuant to Program 1A, requires the City to make permanent amendments to the Zoning Ordinance to implement the interim zoning regulations, with revisions, no later than March 21, 2022, and extend the interim zoning regulations pending full implementation of Program 1A; and WHEREAS, on October 29, 2021, the Director of Emergency Services issued a Forty-First Supplement to the Executive Order to extend certain provisions of the Executive Order, including Section 6 of the Revised Fourth Supplement extending all Interim Zoning Ordinances, through January 31, 2022; and WHEREAS, the City Council desires to extend until the permanent changes are made in accordance with Program 1A of the 6th Cycle Housing Element, and to remove the deed restriction obligations to avoid inconsistency with the provisions of Chapter 6.22; and

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Packet Pg. 345 Attachment: Housing Process Thresholds 2d IZO Extension 01.25.2022 [Revision 1] (4808 : Extend IZO Related to Process Thresholds for 9 WHEREAS, there exists an immediate and continuing threat to the public health, safety and welfare due to the State’s ongoing and unprecedented housing crisis, which has resulted in the City’s anticipated RHNA allocation; and WHEREAS, extending the streamlined process created by the interim zoning regulations will support the City’s urgent need to produce housing and the City’s efforts to create a long-term housing strategy through the 6th Cycle Housing Element; and WHEREAS, adoption of this emergency Interim Zoning Ordinance is necessary to preserve public peace, health, safety and welfare as it will remove barriers to production of housing, particularly one hundred percent affordable housing projects.

NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF SANTA MONICA DOES HEREBY ORDAIN AS FOLLOWS:

SECTION 1. Applicability. The interim regulations set forth in Section 2 shall apply to any project for which a planning entitlement application is received after the effective date of this Ordinance.

SECTION 2. Interim Zoning Regulations. Santa Monica Municipal Code Chapter

9.39 and Section 9.40.020 shall be revised as follows:

Chapter 9.39 Administrative Approval

9.39.010 Purpose
Administrative Approval is intended to allow for the approval of projects which conform to the standards established for the Zoning District and do not require discretionary review or approval by the Director, Planning Commission, or City Council.

Administrative Approval provides for an administrative review and assessment of the proposed development project in light of explicit standards contained in the Chapter which

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Packet Pg. 346 Attachment: Housing Process Thresholds 2d IZO Extension 01.25.2022 [Revision 1] (4808 : Extend IZO Related to Process Thresholds for 10 have been designed to ensure that the completed project will be in harmony with existing or potential development in the surrounding area, consistent with the goals, objectives and policies of the General Plan.

9.39.020 Applicability
A. Except as provided in subsection (B), an Administrative Approval shall be required prior to issuance of any Building Permit for the development for:

1. Any project of more than 1,000 square feet of floor area for all new construction and new additions to existing buildings located in Residential and Nonresidential Districts not otherwise subject to Zoning Conformance Review or discretionary review;

2. 100% Affordable Housing Projects; and

3. Any project that:
a. Meets the definition of “housing development project” under the Housing Accountability Act, Government Code Section 65589.5, (“Housing Accountability Act”), and that, consistent with the Housing Accountability Act, complies with all applicable, objective general plan, zoning, and subdivision standards and criteria, including design review standards, in effect at the time that the project application is deemed complete; and
b. Does not exceed Tier 2 maximums.; and
c. For projects with rental units, the applicant agrees, prior to issuance of a building permit, to record a deed restriction against the property ensuring each of the following:

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Packet Pg. 347 Attachment: Housing Process Thresholds 2d IZO Extension 01.25.2022 [Revision 1] (4808 : Extend IZO Related to Process Thresholds for 11 i. All leases shall be made only to a tenant who is a natural person, or to tenants who are natural persons.
ii. All leases shall be made only to a tenant or tenants who, regardless of the term of occupancy, will use and occupy the rental unit as the tenants’ primary residence. For purposes of this paragraph, “primary residence” means the usual place of return for housing of a tenant, as documented by at least two of the following:
motor vehicle registration, driver’s license, California state identification card, voter registration, income tax return, or utility bill.

A tenant can have only one primary residence.
iii. All leases shall be in writing and provide for a minimum initial term of one (1) year; and
iv. All units shall be leased as unfurnished units.

B. No Administrative Approval shall be required for:

1. New construction and new additions to existing buildings located in the Multi-Unit Residential Districts, Ocean Park Neighborhood Districts; or

2. For any new single-unit dwellings or additions thereto in any zoning district.

9.39.030 Application
Application for an Administrative Approval shall be filed in a manner consistent with the requirements contained in 9.37.020, Application Forms and Fees.

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Packet Pg. 348 Attachment: Housing Process Thresholds 2d IZO Extension 01.25.2022 [Revision 1] (4808 : Extend IZO Related to Process Thresholds for 12 9.39.040 Procedures
A. For projects eligible for an Administrative Approval under 9.39.020(A)(2) or (3), an applicant shall conduct a community meeting to receive community input on the proposal, which meeting shall be conducted prior to submitting an application and with noticing and reporting on the community meeting as required in guidelines adopted by the Director.

B. Upon receipt in proper form of an Administrative Approval Application, a meeting with the Architectural Review Board shall be set to receive a recommendation on the design of the proposal, which shall be conducted prior to the Director’s determination.

9.39.050 Review and Decision
A. The Director shall issue an Administrative Approval if the proposed development conforms precisely to applicable development standards, and does not require discretionary review or approval as outlined in this Chapter.

B. The Director shall deny the Administrative Approval only if the development is not in compliance with the applicable development standards as outlined in this Chapter.

C. The Director shall prepare a written decision which shall contain the findings of fact upon which such decision is based.

D. Within 14 calendar days after the decision is made:

1. A copy of the decision shall be mailed to the applicant at the address shown on the application; and

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Packet Pg. 349 Attachment: Housing Process Thresholds 2d IZO Extension 01.25.2022 [Revision 1] (4808 : Extend IZO Related to Process Thresholds for 13 2. For 100% affordable housing projects, and housing projects subject to Administrative Approval under Subsection 9.39.020(B)(3), a copy of the written decision and project plans shall be posted on the City’s website.

9.39.060 Term, Extension, and Revocation
The term of permit, exercise of rights, extension, and revocation for Administrative Approvals shall be in accordance with the applicable provisions of Chapter 9.37, Common Procedures.

Chapter 9.40 Development Review Permit

9.40.020 Applicability
A. Except as provided in subsection (B), a Development Review Permit approved by the Planning Commission shall be required prior to issuance of any building permit for the development for:

1. Any project that exceeds Tier 1 maximum limits;

2. All new construction and new additions to existing buildings of more than 10,000 square feet of floor area located in Residential Districts or more than 7,500 square feet of floor area in Neighborhood Commercial and Oceanfront Districts;

3. All new construction and new additions to existing buildings of more than 15,000 square feet of floor area located in Nonresidential Districts not specified in subsection (A)(2);

4. Notwithstanding subsection (A)(3) above, all new construction of more than 30,000 square feet of floor area of a development project containing no

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Packet Pg. 350 Attachment: Housing Process Thresholds 2d IZO Extension 01.25.2022 [Revision 1] (4808 : Extend IZO Related to Process Thresholds for 14 more than 15% of commercial floor area located in Nonresidential Districts not specified in subsection (A)(2);

5. Notwithstanding subsections (A)(2)—(4) above and until the adopting of a Pico Neighborhood Plan, all new construction and new additions to existing buildings of more than 7,500 square feet of floor area located in the Pico Neighborhood Area.

B. The following types of projects are exempt from Development Permit Review requirements:

1. Single-unit dwellings;

2. 100% Affordable Housing Projects; and

3. Any project that:
a. Meets the definition of “housing development project” under the Housing Accountability Act, Government Code Section 65589.5, (“Housing Accountability Act”) and that, consistent with the Housing Accountability Act, complies with all applicable, objective general plan, zoning, and subdivision standards and criteria, including design review standards, in effect at the time that the project application is deemed complete; and
b. Does not exceed Tier 2 maximums.; and
c. For projects with rental units, the applicant agrees, prior to issuance of a building permit, to record a deed restriction against the property ensuring each of the following:

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Packet Pg. 351 Attachment: Housing Process Thresholds 2d IZO Extension 01.25.2022 [Revision 1] (4808 : Extend IZO Related to Process Thresholds for 15 i. All leases shall be made only to a tenant who is a natural person, or to tenants who are natural persons.
ii. All leases shall be made only to a tenant or tenants who, regardless of the term of occupancy, will use and occupy the rental unit as the tenants’ primary residence. For purposes of this paragraph, “primary residence” shall mean the usual place of return for housing of a tenant, as documented by at least two of the following: motor vehicle registration, driver’s license, California state identification card, voter registration, income tax return, or utility bill.

A tenant can have only one primary residence.
iii. All leases shall be in writing and provide for a minimum initial term of one (1) year; and
iv. All units shall be leased as unfurnished units.

SECTION 3. Any provision of the Santa Monica Municipal Code or any appendix thereto inconsistent with the provisions of this Ordinance, to the extent of such inconsistencies and no further, is hereby repealed or modified to that extent necessary to effect the provisions of this Ordinance.

SECTION 4. If any section, subsection, sentence, clause, or phrase of this Ordinance is for any reason held to be invalid or unconstitutional by a decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this Ordinance. The City Council hereby declares that it would have passed this Ordinance and each and every section, subsection, sentence, clause, or phrase not

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Packet Pg. 352 Attachment: Housing Process Thresholds 2d IZO Extension 01.25.2022 [Revision 1] (4808 : Extend IZO Related to Process Thresholds for 16 declared invalid or unconstitutional without regard to whether any portion of the ordinance would be subsequently declared invalid or unconstitutional.

SECTION 5. This Ordinance is declared to be an emergency measure necessary for preserving the public peace, health, safety or welfare, adopted pursuant to the provisions of Section 615 of the Santa Monica City Charter. As set forth in the findings above and in the March 10, 2020, August 25, 2020 and January 25, 2022 staff reports, this Ordinance is necessary for preserving the public peace, health, safety, and welfare.

As an emergency measure, this Ordinance will be effective immediately upon adoption.

SECTION 6. The Mayor shall sign and the City Clerk shall attest to the passage of this Ordinance. The City Clerk shall cause the same to be published once in the official newspaper within 15 days after its adoption. This Ordinance shall become effective immediately upon adoption.

SECTION 7. This Ordinance shall be of no further force or as of May 31, 2022, unless it is otherwise extended pursuant to Santa Monica Municipal Code Section

9.46.090(C).

APPROVED AS TO FORM:
_________________________

JOSEPH LAWRENCE
Interim City Attorney

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Packet Pg. 353 Attachment: Housing Process Thresholds 2d IZO Extension 01.25.2022 [Revision 1] (4808 : Extend IZO Related to Process Thresholds for 1 Vernice Hankins
From: Daniel Galamba <[email protected]>
Sent: Thursday, January 20, 2022 12:56 PM
To: Daniel Galamba; councilmtgitems; Gleam Davis; Phil Brock; Christine Parra; Lana Negrete; Sue Himmelrich; Kristin McCowan; Oscar de la Torre
Subject: January 25, 2022 City Council Meeting Item 7.F.-Please Oppose Proposed Extension of and Amendment to Interim Zoning Regulations Establishing Increased Thresholds for Administrative Review

EXTERNAL
Dear City Council,
Please oppose this Proposed Extension of and Amendment to Interim Zoning Regulations Establishing Increased Thresholds for Administrative Review.

With this proposed extension these projects would have no public hearing except one presented by the developer that really is just a waste of time and a check‐the‐box exercise. I've attended these developer meetings before and all the developer does is just state what they are going to do and then they really just ignore or minimize the concerns of residents. These projects affect the area and residents greatly and they should go through the full City public hearing process and not just be swept under the rug by Administrative Review that I understand can not be appealed. Also I understand that the proposed project at Lincoln and Ocean Park Blvds would only go through Administrative Review even though they involve five story buildings. This is completely unacceptable and cuts your constituents out of the decision making process. The City Council should represent the interests of residents, not developers using Administrative Review to silence the legitimate interests of residents. Thank you.

Sincerely,
Dr Daniel Galamba
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Packet Pg. 362 Attachment: Written Comments (4808 : Extend IZO Related to Process Thresholds for Housing Projects (20 mins)) 1 Vernice Hankins
From: Elizabeth Van Denburgh <[email protected]>
Sent: Monday, January 24, 2022 4:09 PM
To: Sue Himmelrich; KRISTIN MCCOWAN; Phil Brock; Oscar de la Torre; [email protected]; Lana Negrete; Gleam Davis; councilmtgitems
Cc: Santa Monica City Manager's Office; Susan Cline; Anuj Gupta Subject: City Cnl. 1/25/22 -- Item 7F - Wilshire Montana Neighborhood Coalition (Wilmont) Board urges the City Council to REMOVE TIER 2 PROJECTS from this IZO which has them approved via an AA and RETURNS THEMTO THE PRIOR DR process

EXTERNAL
Mayor Himmelrich and City Council Members,
The Wilshire Montana Neighborhood Coalition (Wilmont) urges the City Council to remove TIER 2 projects from this IZO, which has them approved by the Administrative Approval (AA) process and return them to the DEVELOPMENT REVIEW (DR) approval process. The Administrative Approval (AA) process only requires that these Tier 2 projects be approved by the Planning Department staff, with no public hearings at either the Planning Commission or City Council and CANNOT BE APPEALED. The DR process includes hearings before the Planning Commission and possible appeal to the City Council, if the projects seem to be inconsistent with the LUCE or Zoning Ordinances.

A clear example of why TIER 2 projects should be removed from the IZO as an Administrative Approval process is the "Lincoln Center" project at Lincoln and Ocean Park Blvd. The proposed project consists of:
 Ten buildings on the property of up to five stories with heights of 55 to 65 feet  521 apartments with 90% being market rate and only 10% being affordable; certainly not in support of what residents wanted to see with the passage of Proposition R in 1990 (Prop. R mandated that 30% of newly constructed multifamily housing be affordable to low- and moderate- income households)  Of the calculated 468 market rate units, it appears that 410 are studio and 1 bedroom apartments.  36,000 square feet of retail, including a smaller grocery store. Gelson is currently 42,000 square feet  880 vehicle parking spaces, with only 200 now and 816 bicycle parking spaces o Currently Lincoln Boulevard has about 50,000 daily car trips o As part of the Vision Zero effort, a study of the most "lethal" intersections was conducted and the Lincoln/Ocean Park intersection was 2nd on that list with two fatalities and one severe injury.

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Packet Pg. 363 Attachment: Written Comments (4808 : Extend IZO Related to Process Thresholds for Housing Projects (20 mins)) 2 submitted. The LUCE states that "Preserve Existing Neighborhoods. The highest priority of the community was the preservation of the existing character and scale of Santa Monica’s neighborhoods." How can this be done if the neighborhoods are not included? Finally, the 2010 LUCE states the following:

Current Challenges: Over the last 25 years, since the adoption of the 1984 LUCE, unanticipated issues have resulted, including:
 Increased traffic congestion
 Commercial buildings that do not transition well to adjacent residential neighborhoods  The loss of existing affordable and workforce housing in multi-family neighborhoods  Infill residential buildings which are out of scale with their existing neighborhoods  Architectural design that does not contribute to the City’s rich urban character  The lack of green space, open space and landscaped boulevards AND
HOW THE LUCE IMPLEMENTS THE COMMUNITY’s CORE VALUES
 Preserves the scale and character of all residential neighborhoods, the Beach and Oceanfront District, and neighborhood commercial areas such as Main Street and Montana Avenue.  Incentivizes the production of new housing opportunities and local-serving uses, in place of regionalserving commercial growth, in a small number of areas linked to transit.  Encourages complete neighborhoods with shopping, services, and gathering places within walking distance of new and existing housing.
 Integrates traffic management and land use though a target of No Net New Evening Peak Period Vehicle Trips.
 Seeks new opportunities to enhance and create green spaces including: improvements to pedestrian and bicycle connections, freeway capping, beach greening, and ground floor open spaces as parts of new development.
 Creates a diverse economic base that supports the fiscal health of the City, ensuring a high-quality of public services.
 Requires community benefits such as open space, historic preservation, arts, and affordable and workforce housing for development above the ministerial base height.  Provides for a greater community role in determining the physical nature and urban form of the City to ensure that Santa Monica maintains its unique “beach town” culture.  Provides tools, including financial incentives, to preserve historic buildings.  Phases development over the twenty-year length of the plan, keeping change in sync with transportation improvements.
 Ties long-term programs and policies to the Sustainable City Plan to reduce GHG emissions, per capita carbon footprint, and overall impact on the environment.

We urge the city to return to the neighborhood focus and balanced aspect of the LUCE and allow community input and options for our city.

Thank-you
Board of Directors
Wilshire Montana Neighborhood Coalition (Wilmont)
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Packet Pg. 364 Attachment: Written Comments (4808 : Extend IZO Related to Process Thresholds for Housing Projects (20 mins)) 1 Vernice Hankins
From: [email protected]
Sent: Monday, January 24, 2022 9:12 PM
To: councilmtgitems; councilmtgitems; Phil Brock; Gleam Davis; Oscar de la Torre; Sue Himmelrich; Kristin McCowan; Lana Negrete; Christine Parra; David White; Susan Cline; Anuj Gupta; David Martin Cc: [email protected]
Subject: City Council 1/25/22 item 7-F -- OPPOSE extending the IZO

EXTERNAL
January 24, 2022

To: Mayor Himmelrich and City Council members
From: Zina Josephs, on behalf of the Friends of Sunset Park Board of Directors RE: 1/25/22 agenda item 7-F -- Extending the IZO for Administrative Approval We support Administrative Approval only for 100% affordable housing projects.

The FOSP Board approved the letter below over the weekend, under the impression that the proposed "Lincoln Center" project at the Gelson's site was considered a "Tier 2" project.

Today, we received the results of a public records request -- the preliminary application for Administrative Approval for the Gelson's project. To our surprise and dismay, we discovered that this gigantic project supposedly qualifies for "Tier 1" -- All of this somehow fits within the Tier 1 category:

Total square footage: 874, 385 sq ft
Number of buildings: 10
Height: up to 5-stories/65 feet
Number of apartments: 521 (90% market-rate, 10% affordable) Parking: 880 vehicle parking spaces (up from about 200)

Based upon this preliminary application, the FOSP Board now opposes Administrative Approval for both Tier 1 and Tier 2 projects.

That leaves 100% affordable projects.

They have not required Planning Commission hearings in the past, but if continuing that requires extension of a modified IZO, we would not oppose that, as long as they're still required to hold 2 community meetings AND notify the city-recognized neighborhood organization for the area where the project is located.

Unfortunately, the Administrative Approval application form requires only 1 community meeting and says nothing about notifying neighborhood organizations -- a transparency failure.

And if the Gelson's developers are allowed to get away with submitting their application after only one community meeting, in which only 100 people (including the development team) were allowed to participate, it will make a complete this sham of this "public process." Item 7.F
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Packet Pg. 365 Attachment: Written Comments (4808 : Extend IZO Related to Process Thresholds for Housing Projects (20 mins)) 2 Thank you for your consideration.

**************************************************************************

Agenda: https://santamonicacityca.iqm2.com//Citizens/detail_meeting.aspx?ID=1289 January 23, 2022

To: Mayor Himmelrich and City Council
From: Board of Directors, Friends of Sunset Park

RE: 1/23/22 agenda item 7-F: Staff recommends that the City Council introduce and adopt an emergency Interim Zoning Ordinance to extend interim regulations authorizing 100% affordable housing projects and Tier 2 housing projects subject to the Housing Accountability Act to be reviewed through an Administrative Approval process.

The FOSP Board urges the Council to remove Tier 2 projects from this Interim Zoning Ordinance and return them to the prior Development Review approval process, which would include hearings before the Planning Commission and possible appeal to the City Council, if the projects seem to be inconsistent with the LUCE or the Zoning Ordinance.

The proposed “Lincoln Center” project on the Gelson’s site at the intersection of Lincoln Blvd. and Ocean Park Blvd. supposedly qualifies as a “Tier 2” project.

The developer’s Demolition Permit will be automatically approved on January 25, when the 75-day waiting period ends.

The developer is applying for “Administrative Approval,” which means that the project could be approved by Planning Department staff, with no public hearings at either Planning Commission or City Council. In addition, Administrative Approvals cannot be appealed.

The proposed project consists of:
-10 buildings -- up to 5-stories, with heights of 55 to 65 feet -521 apartments (90% market-rate, 10% affordable)
-The market-rate units will include about 410 studio and 1-bedroom apartments. -36,000 sq ft of retail, including a smaller grocery store (Gelson’s is now 42,000 sq ft) -880 vehicle parking spaces (only about 200 now) and 816 bicycle parking spaces Item 7.F
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Packet Pg. 366 Attachment: Written Comments (4808 : Extend IZO Related to Process Thresholds for Housing Projects (20 mins)) 3 Despite the fact the Lincoln Blvd. has about 50,000 daily car trips, and the intersection has been the scene of many traffic accidents, no traffic study is required before Administrative Approval.

In addition, the Administrative Approval application form says nothing about notifying the neighborhood organization about the required “Community Meeting” which has to be held before the application is submitted. With the January 11 community meeting for the “Lincoln Center” project, only 100 people, including the development team, were allowed into the Zoom meeting.

All of these factors combine to make a sham of public process.

Again, the FOSP Board urges the Council to remove Tier 2 projects from this Interim Zoning Ordinance and return them to the prior Development Review approval process, which would include hearings before the Planning Commission and possible appeal to the City Council, if the projects seem to be inconsistent with the LUCE or the Zoning Ordinance.

Thank you for your consideration.

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Packet Pg. 367 Attachment: Written Comments (4808 : Extend IZO Related to Process Thresholds for Housing Projects (20 mins)) 1 Vernice Hankins
From: lmarreola <[email protected]>
Sent: Tuesday, January 25, 2022 12:04 PM
To: councilmtgitems
Subject: 1-25 -22 meeting Agenda Item 7-F

EXTERNAL
We agree with Friends of Sunset Park'sBoard position on Item 7‐F tonight. And it s letter to you from Zina Josephs.

Carol and Larry Arreola
Sent via the Samsung Galaxy S21 5G, an AT&T 5G smartphone Item 7.F
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Packet Pg. 368 Attachment: Written Comments (4808 : Extend IZO Related to Process Thresholds for Housing Projects (20 mins)) 1 Vernice Hankins
From: Noma Boardmember <[email protected]>
Sent: Tuesday, January 25, 2022 12:57 PM
To: Sue Himmelrich; [email protected]; Phil Brock; Oscar de la Torre; Lana Negrete; Gleam Davis; Kristin McCowan; councilmtgitems; David Martin; David White; Jing Yeo Subject: Subject: Agenda Item 7-F

EXTERNAL
To help protect your
privacy, Micro so ft Office
prevented automatic
download of this picture
from the Internet.

Agenda item 7-F: Staff recommends that the City Council introduce and adopt an emergency Interim Zoning Ordinance to extend interim regulations authorizing 100% affordable housing projects and Tier 2 housing projects subject to the Housing Accountability Act to be reviewed through an Administrative Approval process.

The NOMA Board urges the Council to remove Tier 2 projects from this Interim Zoning Ordinance and return them to the prior Development Review approval process, which would include hearings before the Planning Commission and possible appeal to the City Council, if the projects are inconsistent with the LUCE or the Zoning Ordinance.

The proposed “Lincoln Center” project on the Gelson’s site at the intersection of Lincoln Blvd. and Ocean Park Blvd. is being proposed as a “Tier 2” project.

The developer is gapplying for “Administrative Approval,” which means that the project could be approved by Planning Department staff, with no public hearings at either Planning Commission or City Council. In addition, Administrative Approvals cannot be appealed.

The proposed project consists of:
-10 buildings on one site -- up to 5-stories, with heights of 55 to 65 feet -521 apartments (90% market-rate, only 10% affordable)
-The market-rate units will include about 410 studio and 1-bedroom apartments. -36,000 sq ft of retail, including a smaller grocery store (Gelson’s is now 42,000 sq ft) -880 vehicle parking spaces (only about 200 now) and 816 bicycle parking spaces Despite the fact the Lincoln Blvd. has about 50,000 daily car trips, and the intersection has been the scene of many traffic accidents, no traffic study is required before Administrative Approval.

For the January 11 community meeting for the “Lincoln Center” project, only 100 people, including the development team, were allowed into the Zoom meeting.

This process has not been democratic. Democracy demands that those affected by decisions that impact their community, have some input into those decisions. Plans for a huge, neighborhood changing project like this one should not be made in back rooms attended only by those who have a financial interests in the project.

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Packet Pg. 369 Attachment: Written Comments (4808 : Extend IZO Related to Process Thresholds for Housing Projects (20 mins)) 2 Residents’ voices must be heard. Without community input this project makes a mockery of public process.

The NOMA Board urges the Council to remove Tier 2 projects from this Interim Zoning Ordinance and return them to the prior Development Review approval process, which would include hearings before the Planning Commission and possible appeal to the City Council, if the projects seem to be inconsistent with the LUCE or the Zoning Ordinance.

Thank you for your consideration.

smnoma.org
[email protected]
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Packet Pg. 370 Attachment: Written Comments (4808 : Extend IZO Related to Process Thresholds for Housing Projects (20 mins)) 1 Vernice Hankins
From: Tricia Crane <[email protected]>
Sent: Tuesday, January 25, 2022 1:36 PM
To: councilmtgitems; Gleam Davis; Oscar de la Torre; Sue Himmelrich; Kristin McCowan; Lana Negrete; Christine Parra; Phil Brock; [email protected]; Santa Monica City Manager's Office Subject: Support for Letter submitted by Wilmont Board - Agenda Item 7F - REMOVE TIER 2 PROJECTS from this IZO

EXTERNAL
To: City Council
From: The Board of Northeast Neighbors
Re; Agenda Item 7.F
Jan. 25, 2022
Mayor Himmelrich and City Council,
The Board of Northeast Neighbors supports the letter submitted by Wilmont concerning Agenda Item 7F.

Tricia Crane
Mayor Himmelrich and City Council Members,
The Wilshire Montana Neighborhood Coalition (Wilmont) urges the City Council to remove TIER 2 projects from this IZO, which has them approved by the Administrative Approval (AA) process and return them to the DEVELOPMENT REVIEW (DR) approval process. The Administrative Approval (AA) process only requires that these Tier 2 projects be approved by the Planning Department staff, with no public hearings at either the Planning Commission or City Council and CANNOT BE APPEALED. The DR process includes hearings before the Planning Commission and possible appeal to the City Council, if the projects seem to be inconsistent with the LUCE or Zoning Ordinances.

Why would the city as part of Vision Zero, general car/pedestrian/cyclist safety and traffic impact on neighborhoods (Sunset and Ocean Park) and Lincoln Blvd. (main artery into/out of city including to LAX) not mandate a traffic study?
 The Administrative Approval application form says nothing about notifying the neighborhood organization about the required "community meeting" which has to be held before the application is submitted. The LUCE states that "Preserve Existing Neighborhoods. The highest priority of the community was the preservation of the existing character and scale of Santa Monica’s neighborhoods." How can this be done if the neighborhoods are not included?
Item 7.F
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Packet Pg. 371 Attachment: Written Comments (4808 : Extend IZO Related to Process Thresholds for Housing Projects (20 mins)) 2 Finally, the 2010 LUCE states the following:

Current Challenges: Over the last 25 years, since the adoption of the 1984 LUCE, unanticipated issues have resulted, including:
 Increased traffic congestion
 Commercial buildings that do not transition well to adjacent residential neighborhoods  The loss of existing affordable and workforce housing in multi-family neighborhoods  Infill residential buildings which are out of scale with their existing neighborhoods  Architectural design that does not contribute to the City’s rich urban character  The lack of green space, open space and landscaped boulevards AND
HOW THE LUCE IMPLEMENTS THE COMMUNITY’s CORE VALUES
 Preserves the scale and character of all residential neighborhoods, the Beach and Oceanfront District, and neighborhood commercial areas such as Main Street and Montana Avenue.  Incentivizes the production of new housing opportunities and local-serving uses, in place of regional-serving commercial growth, in a small number of areas linked to transit.  Encourages complete neighborhoods with shopping, services, and gathering places within walking distance of new and existing housing.
 Integrates traffic management and land use though a target of No Net New Evening Peak Period Vehicle Trips.  Seeks new opportunities to enhance and create green spaces including: improvements to pedestrian and bicycle connections, freeway capping, beach greening, and ground floor open spaces as parts of new development.  Creates a diverse economic base that supports the fiscal health of the City, ensuring a high-quality of public services.
 Requires community benefits such as open space, historic preservation, arts, and affordable and workforce housing for development above the ministerial base height.  Provides for a greater community role in determining the physical nature and urban form of the City to ensure that Santa Monica maintains its unique “beach town” culture.  Provides tools, including financial incentives, to preserve historic buildings.  Phases development over the twenty-year length of the plan, keeping change in sync with transportation improvements.
 Ties long-term programs and policies to the Sustainable City Plan to reduce GHG emissions, per capita carbon footprint, and overall impact on the environment.

We urge the city to return to the neighborhood focus and balanced aspect of the LUCE and allow community input and options for our city.

Thank-you
Board of Directors
Wilshire Montana Neighborhood Coalition (Wilmont)
Item 7.F
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Item 7.F
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Packet Pg. 372 Attachment: Written Comments (4808 : Extend IZO Related to Process Thresholds for Housing Projects (20 mins))

(310) 451-3669
January 25, 2022

VIA E-MAIL
Santa Monica City Council
1685 Main Street, Room 102
Santa Monica, CA 90401
Re: Agenda Item 7-F
Emergency Extension of IZO for Processing Affordable and Code-Compliant Housing Applications
Our File No. 639.67
Dear Councilmembers:

This letter is submitted on behalf of the Santa Monica Housing Council. We are writing in support of the introduction and adoption of the emergency interim zoning ordinance to extend interim zoning regulations established by emergency Interim Zoning Ordinance No. 2633, as previously extended by Interim Zoning Ordinance No. 2645. The extension is called for by Program 1A of the recently adopted Housing Element.

Collectively, these Interim Zoning Ordinances (“IZOs”) authorize 100% affordable and zoning compliant housing projects protected by the Housing Accountability Act (“HAA”) (Gov’t Code § 65589.5) to be reviewed through a streamlined Administrative Approval (“AA”) process.

As we all know, the State and the region are experiencing a severe housing supply crisis, even further exacerbated by the ongoing COVID-19 pandemic. Given the severity of the crisis, the City has both a moral and legal obligation to use every tool at its disposal to remove barriers to housing production.

For the 2021-2029 Housing Element cycle (Sixth Cycle), Santa Monica’s RHNA is 8,895 units. Meeting this obligation requires the City to issue building permits for an average of approximately 1,000 housing units a year between 2021 and 2029. Over the past five years, for comparison, the City issued building permits for an average of only approximately 200 units per year.

Pursuant to State law, the HAA prohibits cities from denying or reducing the density of housing applications that comply with objective general plan and zoning [email protected]
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Packet Pg. 373 Attachment: Written Comments (4808 : Extend IZO Related to Process Thresholds for Housing Projects (20 mins)) Santa Monica City Council
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