1 City Council Meeting: June 28, 2022 Santa Monica, California
RESOLUTION
(City Council Series)
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
SANTA MONICA ESTABLISHING MONTHLY LICENSING FEES
FOR THE SANTA MONICA OUTDOORS PARKLET PROGRAM
WHEREAS, Santa Monica Municipal Code Section 2.72.010 authorizes the imposition of charges for private use of public property; and WHEREAS, Santa Monica Municipal Code Section 2.72.020 authorizes setting such charges by resolution; and
WHEREAS, Santa Monica Municipal Code Section 9.31.200 allows outdoor dining on the public right of way as a way to enhance the pedestrian ambiance of the City; and
WHEREAS, in June 2010, the City had an appraiser develop licensing fee rates for outdoor dining that reflected the fair market value of the use of public space; and WHEREAS, on June 11, 2011, the City Council adopted Resolution No. 10586, which established the license fees for outdoor dining area licenses that are adjusted every January 1 by the annual change in the Consumer Price Index and that were set below fair market value to reflect community recognition that outdoor dining areas provide public benefits by enlivening sidewalks and pedestrian pathways and by promoting visual interest throughout commercial districts in the City; and
2 WHEREAS, on June 8, 2021, the City Council adopted Resolution No. 11340, which re-set the outdoor dining licensing fee for licenses issued pursuant to Santa Monica Municipal Code 9.31.200 so that the rate in 2022 shall be the same as the rate in 2020 (which, depending on the location in the City, ranges between $2.12 and $2.66 per square foot paid on a monthly basis), and that annually thereafter, commencing on January 1, 2023, such fees shall be adjusted by the change in the Consumer Price Index; and
WHEREAS, pursuant to Resolution Nos. 11392 and 11419, adopted on December 14, 2021 and May 10, 2022, respectively, the City Council waived the monthly license fees for outdoor dining until September 30, 2022; and WHEREAS, concurrent with this Resolution, City Council introduced for first reading an ordinance that would adopt Chapter 6.42 of the Santa Monica Code, establishing the Santa Monica Outdoors Parklet Program; as part of Chapter 6.42, the City Council has the authorization to set charges by resolution for the parklet program to reflect the use of public property; and
WHEREAS, the City Council desires to set the monthly licensing fee for parklets under Santa Monica Chapter 6.42 so that it is commensurate with the lowest end of the range charged monthly per square foot for outdoor licensing agreements issued pursuant to Santa Monica Municipal Code Section 9.31.200.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SANTA
MONICA DOES RESOLVE AS FOLLOWS:
SECTION 1: The monthly license fee for use of public property pursuant to Santa Monica Municipal Code Chapter 6.42 shall be $2.12 per square foot. 3 SECTION 2. Commencing January 1, 2023 and annually thereafter on January 1, the fees shall be increased by the annual change in the Consumer Price Index, which adjustment shall be no less than a three percent (3%) or more than a five percent (5%) increase.
SECTION 3: All fees established by this resolution shall be effective immediately upon adoption of this resolution.
SECTION 4: If there are any conflicts between the fees adopted in this resolution and fees adopted by any prior resolution or fee schedule, the fees adopted pursuant to this resolution shall control.
SECTION 5. 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:
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DOUGLAS SLOAN
City Attorney