Agenda packet — Santa Monica City Council, October 11, 2022 (part 1 of 7)

City of Santa Monica
City Council Meeting
AGENDA

SUE HIMMELRICH
MAYOR

LANA NEGRETE CHRISTINE PARRA

COUNCILMEMBER COUNCILMEMBER

GLEAM DAVIS PHIL BROCK

COUNCILMEMBER COUNCILMEMBER

KRISTIN MCCOWAN OSCAR DE LA TORRE

MAYOR PRO TEM COUNCILMEMBER

DAVID WHITE

CITY MANAGER

DOUGLAS SLOAN

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 and on the internet at santamonica.gov. 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: 11/7/2022 6:24 PM Page 2

RULES OF ORDER FOR THE CONDUCT OF CITY COUNCIL MEETINGS (Resolution No.11427(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 12:00 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. Persons wishing to address the City Council regarding items on the agenda must be present and submit their name and address (optional) to the City Clerk before the public comment section is opened for that item or before the public hearing is opened where one is required by law. Register to speak at the Speaker Kiosk prior to the meeting. Remarks from the public are limited to a total of 6 minutes per City Council meeting, with a maximum of 2 minutes and a minimum of one minute per item. Except for the author of the request, public comment on 12-items are limited to 1 minute. Except on Public Input, speakers appearing at the meeting in person, may donate 2 minutes to another person present in-person at the meeting, who may speak for a total of 4 minutes on that item.

Both the donor of time and the designated speaker must register at the Speaker Kiosk in person together.

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. General 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).

2. Public Comment for Closed Session, Special
Agenda, and Consent Calendar Items Only
(Commendations and Proclamations presented).

3. Closed Session.

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

5. 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).

6. Public Comment on remaining Agenda Items

7. Study Session.

8. Continued Items.

9. Administrative Proceedings.

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

11. Staff Administrative Item.

12. Public Hearings.

13. Reports of Boards and Commissions.

14. Resolutions.

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

16. Councilmember Discussion Items.

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: 11/7/2022 6:24 PM Page 3

AGENDAS

CITY OF SANTA MONICA

REGULAR MEETING

CITY HALL COUNCIL CHAMBERS
1685 MAIN STREET, ROOM 250,
TUESDAY, OCTOBER 11, 2022
MEETING BEGINS AT 5:30 PM
WAYS TO PROVIDE REMOTE PUBLIC COMMENT:

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

Written comments received prior to 12:00 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.

CALL TO ORDER

PLEDGE OF ALLEGIANCE

ROLL CALL

1. 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.)

1.A. Written Comments

2. PUBLIC INPUT (CLOSED SESSION, SPECIAL AGENDA ITEMS, CONSENT

CALENDAR ONLY)

3. CLOSED SESSIONS
No items

4. SPECIAL AGENDA ITEMS

4.A. Proclamation: October 2022 as Filipino-American History Month The following is the order of business for items to be heard no earlier than 7:00 p.m.

4.B. City Manager Report
City of Santa Monica Generated: 11/7/2022 6:24 PM Page 4

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

5.A. Approval of Downtown Santa Monica, Inc. FY2022-23 Budget and Work Plan Recommended Action
Staff recommends that the City Council:

1. Approve the Downtown Santa Monica, Inc. Fiscal Year 2022-23 Budget and Work Plan;

2. Authorize the City Manager to execute the Eleventh Modification of the Maintenance Services Agreement to extend the term of the Maintenance  Services Agreement (Contract No. 9626) for an additional oneyear period;

3. Authorize the City Manager to negotiate and execute a Memorandum of Understanding between the City and Downtown Santa Monica, Inc. for Fourth Court Alley improvements, in an amount not to exceed $110,000, over a three-year term;

4. Authorize the City Manager to negotiate and execute an amended License Agreement to allow Downtown Santa Monica, Inc. (DTSM) to install and operate a temporary ice-skating rink and ancillary activities consistent with DTSM’s roles and responsibilities under the Services Agreement with four additional, one-year renewal options with an expiration date of 2026; and

5. Authorize the City Manager to negotiate and extend the Ocean Avenue Pilot License Agreement to allow DTSM to provide pedestrian-oriented services and amenities within a portion of the approximately 4,000 square feet of pedestrian right-of-way along the eastern side of Ocean Avenue, between Colorado Avenue and the northwest entrance of Tongva Park, for an initial term of one year with four, one-year renewal options.

5.B. Adoption of a Resolution Making Findings Regarding AB361 Teleconference Meetings
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 through November 10, 2022.

5.C. Award Bid and Enter into Agreement with Vigilant Solutions, LLC.

Recommended Action
Staff recommends that the City Council:

1. Award Bid #4423, in part, to Vigilant Solutions, LLC., a subsidiary of Motorola Solutions, Inc., to expand the ALPR (Automatic License Plate Recognition) capabilities of the Santa Monica Police Department and to provide enhanced critical infrastructure protection to the area of the Santa Monica Pier and Downtown area.

2. Authorize the City Manager to negotiate and execute a contract with Vigilant Solutions, LLC., a subsidiary of Motorola Solutions, Inc., for the ALPR expansion project in an amount not to exceed $291,432. This sum includes City of Santa Monica Generated: 11/7/2022 6:24 PM Page 5 the purchase of ALPR cameras and all equipment and 3 years of service, with future year funding contingent on Council budget approval.

3. Award Bid #4423, in part, to Fortel Traffic to expand the ALPR (Automatic License Plate Recognition) capabilities of the Santa Monica Police Department and to provide enhanced critical infrastructure protection to the area of the Santa Monica Pier and Downtown area.

4. Authorize the City Manager to negotiate and execute a purchase order with Fortel Traffic for the purchase of four digital message board trailers and related equipment in an amount not to exceed $79,600.

5.D. Award RFP 311 to Digital EMS for Electronic Patient Care Reporting for the Fire Department
Recommended Action
Staff recommends that the City Council:

1. Award the contract for RFP 311 to Digital EMS Solutions Incorporated for an electronic Patient Care Report (ePCR) system for use by the Fire Department

2. Authorize the City Manager to negotiate and execute an agreement with Digital EMS for a total amount not to exceed $250,000 and for a five-year term, with future years funding contingent on Council budget approval.

5.E. Award RFP for Enterprise Procurement Lifecycle Management Solution Recommended Action
Staff recommends that the City Council:

1. Award RFP PRJ0011599 to OpenGov, Inc. for an enterprise Procurement Lifecycle Management Solution (PLMS) for the Finance Department;

2. Authorize the City Manager to negotiate and execute an agreement with OpenGov, Inc. for annual subscription costs related to OpenGov’s enterprise PLMS, which includes solicitation builder and online bidding capabilities, in an amount not to exceed $392,805 (including a 10% contingency of approximately $35,700) for five years with future year funding contingent on Council budget approval; and,

3. Authorize the City Manager to negotiate and execute a second modification to agreement #4473 in the amount of $17,600 with OpenGov, Inc. to continue to use and pay the subscription costs for their solicitation builder and online bidding system through December 2022, while the new agreement associated with award of RFP PRJ0011599 is finalized.

5.F. City Council - Regular Meeting - Jul 26, 2022 5:30 PM

5.G. City Council - Special Meeting - Aug 3, 2022 6:00 PM - New Item Received 10/20/2022

6. PUBLIC INPUT ON REMAINING AGENDA ITEMS
. Public Input for 12-Items will be heard at the time when the Public Hearing is called.

7. STUDY SESSION
City of Santa Monica Generated: 11/7/2022 6:24 PM Page 6 No items

8. CONTINUED ITEMS
No items

9. ADMINISTRATIVE PROCEEDINGS
No items

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

10.A. Second reading and adoption of an Ordinance amending the Santa Monica Municipal Code by adding chapter 8.38 entitled Zero Emission Building Code and amend Santa Monica Municipal Code section 8.08.040 to allow the Building and Fire Life Safety Commission to hear appeals related to the Zero Emission Building Code
Recommended Action
Staff recommends that the City Council adopt the attached Ordinance.

10.B. Second reading and adoption of an Ordinance adopting local amendments to the 2022 California Green Buildings Standards Code to support increased access to electric vehicle charging
Recommended Action
Staff recommends that the City Council adopt the attached Ordinance.

10.C. Introduction and Adoption of Emergency Interim Zoning Ordinance to Extend Interim Zoning Regulations Extended and Amended by Emergency Interim Zoning Ordinance Number 2704 (CCS) Authorizing Temporary Use of Private Outdoor Space; Temporary Permitted Uses for Emergency Shelters, Public Safety Facilities, and Drive-Through Facilities for Covid-19 Testing and Vaccination Purposes; and Flexibility in Issuance of Temporary Use Permits and Alcoholic Beverage Sales
City of Santa Monica Generated: 11/7/2022 6:24 PM Page 7 Recommended Action
Staff recommends that the City Council introduce and adopt an Emergency Interim Zoning Ordinance extending interim zoning regulations established by Emergency Interim Zoning Ordinance Number 2674 (CCS) and extended and amended by Emergency Interim Zoning Ordinances 2678 and 2704 (CCS) authorizing temporary outdoor use of private outdoor space; temporary permitted uses for emergency shelters, public safety facilities, and drive-through facilities for COVID-19 testing and vaccination purposes; flexibility in issuance of temporary use permits and alcoholic beverage sales; and zoning changes necessary for continued emergency response and economic recovery.

10.D. Introduction and First Reading of Ordinance to Amend the Text of the City's Ordinance Related to Economic Recovery in (1) the City's Downtown, Mixed Use and Commercial, Employment, Oceanfront, and Public and Semi-Public Districts, Excluding the Area Including and Immediately Adjacent to the Third Street Promenade; and (2) the Area Including and Immediately Adjacent to the Third Street Promenade
Recommended Action
Staff recommends that the City Council introduce for first reading an ordinance related to economic recovery efforts in:

1. City’s Downtown, Mixed-Use and Commercial, Employment, Oceanfront and Public and Semi-Public Districts, excluding the Third Street Promenade and the area immediately adjacent thereto; and

2. The area including the Third Street Promenade and immediately adjacent thereto, bounded by 2nd Street to the west, Broadway to the south, 4th Street to the east, and Wilshire Boulevard to the north.

10.E. Introduction and First Reading of an Ordinance Approving the 2022 Building Code Update and Adoption of Resolution Making Findings of Local Climatic, Geological and Topographical Conditions to Adopt Local Amendments to the CA Building Standards Code
Recommended Action
Staff recommends that the City Council:

1. Adopt the attached resolution making findings of local climatic, geological and topographical conditions, as required by California Health & Safety Code, to adopt local amendments to the California Building Standards Code.

2. Introduce for first reading the attached ordinance to adopt the 2022 California Building Standards Code, and Santa Monica local amendments to the 2022 California Building Standards Code, excluding the 2022 California Green Building Code.

3. Instruct staff to file the adopted resolution and ordinance with the California Building Standards Commission following the second reading of the ordinance, but at least 30 days before the effective date of the Codes.

11. STAFF ADMINISTRATIVE ITEMS
City of Santa Monica Generated: 11/7/2022 6:24 PM Page 8

11.A. Adoption of Resolution Amending the 6th Cycle (2021-2029) Housing Element to the City’s General Plan and Approval of Addendum to the Final Environmental Impact Report for the 6th Cycle (2021-2029) Housing Element Recommended Action
Staff recommends that the City Council:

1. Review, approve, and adopt the Addendum to the 6th Cycle Housing Element Environmental Impact Report (SCH No. 20212269242021); and

2. Adopt a Resolution adopting an Amended 6th Cycle (2021-2029) Housing Element of the City’s General Plan.

12. PUBLIC HEARINGS

12.A. Approval of 2022 Report on Water Quality and Public Health Goals Recommended Action
Staff recommends that the City Council:

1. Hold a public hearing, receive public comments, and approve the attached 2022 City of Santa Monica Water Quality Report Relative to the Public Health Goals.

2. Adopt the determination that the City’s 2022 Water Quality Report Relative to the Public Health Goals is exempt from review pursuant to the California Environmental Quality Act (CEQA) Guidelines Section 15061 (b) and pursuant to categorical exemption under Section 15308.

13. REPORTS OF BOARDS AND COMMISSIONS
No items

14. RESOLUTIONS

14.A. Adoption of Resolution Declaring Surplus Properties Recommended Action
Staff recommends that the City Council:

1. Declare the City-owned properties located at 1855 Main Street (APN 4290- 013-901), 1636 5th Street (APNs 4290-011-903, 4290-011-904, 4290-011- 905) and Expo Line Parking Lot (APN 4290-011-909) as “surplus land” within the meaning of the Surplus Land Act (“SLA”);

2. Adopt a Resolution declaring the City-owned properties at 1855 Main Street (APN 4290-013-901) (“Civic Auditorium”), 1636 5th Street (APNs 4290-011- 903, 4290-011-904, 4290-011-905) (“Apple Building”) and Expo Line Parking Lot (APN 4290-011-909) as surplus lands, if required; and authorize the City Manager or designee to take implementing actions necessary to comply with the SLA; and

3. Authorize the City Manager or designee to initiate lease negotiations for the City’s existing commercial buildings without complying with the noticing procedures under the SLA if the State Department of Housing and Community Development (HCD) determines that the SLA does not apply to proposed leasing of existing non-residential buildings without demolition.

City of Santa Monica Generated: 11/7/2022 6:24 PM Page 9

15. WRITTEN COMMUNICATIONS OTHER THAN REPORTS OF COMMISSION AND

OFFICERS
No items

16. COUNCILMEMBER DISCUSSION ITEMS

16.A. Appointment to one unscheduled vacancy on the Disabilities Commission for a term ending on 06/30/2025

16.B. Request by Councilmember De la Torre that: 1) The City Attorney commit to actively monitor City Council meetings for City Council adherence to Robert's Rules of Order as required by Res 11360 and intervene as often as necessary to ensure that adherence, in order to facilitate effective, efficient, and fair City Council meetings; 2) The City Manager or City Attorney arrange for all Councilmembers to receive a crash course of training in Robert's Rules of Order by a professional parliamentarian within 30 days, in a public forum that is broadcast live by video and remains available for future viewing, so everyone—including the public and current and future city officials—can learn from it. - Revised Title 10/7/2022

16.C. Request of Councilmember De la Torre that the City Council authorize use of his travel funds to attend the Sister Cities International US-Mexico Mayors’ Community Summit from October 11-13 2022 in San Diego, CA and Tijuana, Mexico - New Item Received 10/20/2022

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.

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: October 11, 2022
Agenda Item: 1.A
1 of 1
To: Mayor and City Council
From: Denise Anderson Warren, City Clerk, Records and Election Services Department
Subject: Written Comments
Prepared By: Esterlina Lugo, Deputy City Clerk
Approved Forwarded to Council
Attachments:

A. Written Comments

1.A
Packet Pg. 10
1 Vernice Hankins
From: KC Hoang <[email protected]>
Sent: Sunday, October 2, 2022 3:22 PM
To: councilmtgitems
Subject: Homeless problem in Santa Monica

EXTERNAL
"Sunday morning in Santa Monica the sky is blue and the breeze is fresh, I went to the park next to the city hall looking for a beautiful green shady spot to relax and read my book.

But I can't do it! Yes, it is a beautiful Park, with gorgeous landscape even have a white crane perching on the branch. This poor park is ridden with homeless laying around on all the benches, throwing their trash all over the place, and stinking the area.
"Why a richest International City in the United States can't even managed their homeless?" Disappointed Tourist
Walking through the beautiful city of Santa Monica now not only the residents, and tourists alike, don't have the ability to sit down and enjoy a good day, you can't even walk by a beautiful street with luxury hotels without closing your nose because someone pee on the trees on dumping trash or one have to take care not to step on fresh poop in the middle of the sidewalk with the ass wipe mask throwing on the side!!!! This is not only unfair for the residents of the city, it is a degrading & embarrassing situation for the country to let the whole world coming into Santa Monica and witness how poor we manage our people in richest country in the world. This is why 3rd street promenade is more empty and city will start loosing revenues.

This is not a homeless problem. This is the city's strategic planning & management problem that require a united front with local community to resolve. There's a place and time for everything, and there are already a system setup to subsidy the misfortune and care for the sick at the government cost.

But our city and the citizens and the government have not all come to an agreement and act in unison to secure a safe place for each homeless and have a system that will not allow them back on the street. We must make up our mind & decide whether to leave hundred of thousands of our homeless citizens on the street living off the government money and the charity of stranger randomly? And many of them is either using money for drug or alcohol and then abuse the other homeless while trashing and defficating all over the city.

Why can't we have a way to put each of them where they belong to take care of them versus allowing this dirty transient phenomenon domineering the city?
Why is society allowing people living in front of million dollars home that the other good citizens have worked hard all their lives and pour their savings to buying into a very high‐end community that is not only beautiful but also an international tourist spot?
Where do we start?
How do we solve this alarmingly increasing homeless problem throughout the country? (Especially homeless women and teens)
More money will not do it. The government budget for this issues is staggering, as well as the private donations and projects is endless. But they all feels like drops of water into the desert or needles into the haystack.

We need strong government and United community that have and agree upon and follow a master plan that will organize and intake all homeless through community service center dubbed as a "clearing house" for lack of better term.

Item 1.A
10/11/22
1 of 5 Item 1.A
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1.A.a
Packet Pg. 11
Attachment: Written Comments (5418 : Written)
2 "Clearing house" a Non profit community center that will offer hot food, good shower and clean clothes then transfer to agencies that will interview each comer to classify each individual to a different category that will received proper care or house them in the shelters ("temporary holding housing") until a path is chosen: a program that would be most appropriate to their needs from A to z until recovery.

For example, It could start by
1st. looking at the city where there are no homeless and why (there are no homeless in little Tokyo, LA, and no homeless in Copenhagen, Denmark)
2nd. Identify the problem and need of each individual homeless: classifying the need of each homeless from criminal or crook to victims of bad luck, & bad social circumstances...all the way to mental or physical illness or drug addict and alcoholic.

Are they here by choice (as free loader) or because they couldn't make it on their own. 3rd. Identify and create a website that list all available programs for each category that will work together in order to place the people that need help. (I have been part of so many non‐profit organization that is set up ready and available to help bring the people to the next level out of there Miss‐Fortune condition and yet there are so many vacant spots sitting there waiting for the patient to come)
4th. Set up rules about three strike you out if they refuse help they will be downgrade to the next level and not allowed to be back on the street which will not be a solution to any problem short‐term or long‐term. 5th. For everyone that is loitering, camping, trespassing or littering in the public or on private ground they need to be fined by the same rules follows by all the good citizens who live in it.

My friend and good citizen of this beautiful city and country that I love dearly, If we want to solve the Homeless problem we have to be willing to make hard choices and follow through until it is done in unity as a community at Large.

Santa Monica Resident
Item 1.A
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10/11/22

1.A.a
Packet Pg. 12
Attachment: Written Comments (5418 : Written)
1 Vernice Hankins
From: Theresa Marasco <[email protected]>
Sent: Tuesday, October 11, 2022 12:01 PM
To: councilmtgitems; Phil Brock; Oscar de la Torre; Christine Parra; Lana Negrete; Kristin McCowan; Gleam Davis; David White; Douglas Sloan
Subject: 10/11/2022 City Council Agenda Item #1 - Public Comment

EXTERNAL
Dear Mayor Himmelrich:

This CEASE AND DESIST ORDER is to inform you that your harassing and intimidating actions against me have become unbearable. Such anti-social behavior is completely unacceptable and will not be tolerated. This letter is to demand that your harassment and intimidation CEASE AND DESIST immediately. Should you continue to pursue these activities in violation of this CEASE AND DESIST ORDER, I will not hesitate to pursue further legal action against you.

Mayor Himmelrich, you have been engaged in communications about me and Michelle Gray, the Chair of the Housing Commission, that are defamatory in nature and have done so both publicly during City Council meetings and privately. One of those defamatory communications was with a nonprofit tenant organizing agency, Tenants Together, and could be a conversation that resembles a type of union busting. On September 13, 2022, Mayor Himmelrich, you contacted an employee of Tenants Together, angry that they had written a letter of support for the proposed Client Advisory Board (CAB) that was submitted to the City Council regarding agenda item 7A for the September 13, 2022, City Council meeting. Mayor Himmelrich, you asked the nonprofit tenant organizer if Housing Commission Chair Michelle Gray and I were “behind” the letter of support for the CAB and then began an angry litany by stating that Chair Gray and I bullied Commissioners, that I/we were trying to reduce the number of housing vouchers in Santa Monica, and that we were opposed to 100% affordable housing. None of those statements are true or in any way relevant to the letter of support for the CAB submitted by the Tenants Together organizer for agenda item 7A on September 13, 2022. Clearly, Mayor Himmelrich you are engaged in an act that is analogous to union busting and spreading false accusations you know are not true.

Mayor Himmelrich, during the City Council meeting on May 10, 2022, you made inflammatory and disparaging remarks that were slanderous in nature elluding that me and the Chair of the Housing Commission, Michelle Gray regarding our positions and actions while on the Housing Commission.

You have done all of this, Mayor Himmelrich, in an attempt to silence the voices of some of the most vulnerable community members in the city even though you purport to support low-income households.

Please note that I have a right to remain free from your intimidating tactics, and I will take action to protect that right. Note that a copy of this letter and a record of its delivery will be stored. Note too that it is admissible as evidence in a court of law and will be used as such if need be in the future.

This CEASE AND DESIST ORDER demands that you immediately discontinue and do not at any point in the future under any circumstances make untrue, disparaging remarks about me as a person or as the Vice Chair or member of the Housing Commission.

Item 1.A
10/11/22
3 of 5 Item 1.A
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1.A.a
Packet Pg. 13
Attachment: Written Comments (5418 : Written)
2 This This CEASE AND DESIST ORDER demands that you immediately discontinue and do not at any point in the future under any circumstances obstruct the organizing efforts of low income tenants.

I urge the City Attorney to ensure Mayor Himmelrich ceases her ongoing slanderous statements against me and other Housing Commission leadership. Consider this a formal cease and desist letter that is also being addressed to Mayor Himmelrich to stop disseminating false and defamatory statements about me.

To help protect y
Micro so ft Office p
auto matic downlo
picture from the
Very truly yours,
Theresa H. Marasco
(720) 226-4051
Item 1.A
10/11/22
4 of 5 Item 1.A
10/11/22

1.A.a
Packet Pg. 14
Attachment: Written Comments (5418 : Written)
1 Vernice Hankins
From: OZ <[email protected]>
Sent: Tuesday, October 11, 2022 12:00 PM
To: councilmtgitems; Sue Himmelrich
Cc: Douglas Sloan; David White; Phil Brock; Christine Parra; Oscar de la Torre; Lana Negrete; Kristin McCowan; Gleam Davis; Denise Anderson-Warren
Subject: item 1 – reminder for Mayor: vote trading is illegal – CA Penal Code §86

EXTERNAL
Dear Mayor Himmelrich and City Councilmembers,
Please be mindful of the following, which we all know has been common practice among you, with the Mayor leading by example:

Vote
trading
It is illegal in California for a public official to vote or offer to vote in a certain manner in exchange for another
public official's vote on the same or another matter
before the body.

Duty of fairness, duty of
independence, duty of
integrity
Cal.

Penal
Code §86
Regards,
Olga Zurawska
Item 1.A
10/11/22
5 of 5 Item 1.A
10/11/22

1.A.a
Packet Pg. 15
Attachment: Written Comments (5418 : Written)
City Council
Report
City Council Meeting: October 11, 2022
Agenda Item: 4.A
1 of 1
To: Mayor and City Council
From: Erica Cuyugan, City Librarian, Library Services Department Subject: Proclamation: October 2022 as Filipino-American History Month Prepared By: Maria Dacanay, Administrative Analyst
Approved Forwarded to Council

4.A
Packet Pg. 16
City Council
Report
City Council Meeting: October 11, 2022
Agenda Item: 4.B
1 of 1
To: Mayor and City Council
From: Denise Anderson Warren, City Clerk, Special Agenda Items Subject: City Manager Report
Prepared By: Christopher Smith, Assistant to the City Manager Approved Forwarded to Council

4.B
Packet Pg. 17
City Council
Report
City Council Meeting: October 11, 2022
Agenda Item: 5.A
1 of 10
To: Mayor and City Council
From: David Martin, Director, Administration
Subject: Approval of Downtown Santa Monica, Inc. FY2022-23 Budget and Work Plan Recommended Action
Staff recommends that the City Council:

1. Approve the Downtown Santa Monica, Inc. Fiscal Year 2022-23 Budget and Work Plan;

Summary
Santa Monica's downtown area is a significant component to the City's commercial, cultural and tourism economy. Downtown Santa Monica, Inc., (“DTSM”) is a non-profit corporation organized under state law that currently administers the downtown Santa

5.A
Packet Pg. 18
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Monica Property-Based Assessment District (“PBAD") that is comprised of commercial properties and businesses located in the downtown Santa Monica area, including the Third Street Promenade. The City contracts with DTSM through a Maintenance Services Agreement for DTSM to manage and provide a variety of programs and services related to the operation of the downtown district. The Maintenance Services Agreement may be extended annually for additional one-year periods for the duration of the PBAD if, in addition to other conditions described below, DTSM submits a budget and work plan that summarizes the activities, projects, and programs that they intend to carry out during the upcoming Fiscal Year that is approved by the City Council.

The Downtown Santa Monica PBAD continues to be the business district most heavily impacted by the COVID-19 pandemic, which curtailed tourism and accelerated global trends in the retail industry as more shoppers opted to shop online instead of visiting brick-and-mortar stores. The City and DTSM have a long-standing collaborative relationship and are currently working together to support the downtown district’s overall economic recovery, including addressing concerns of security, maintenance and homelessness. DTSM and the City continue to work together to identify the best strategies to address these issues, including adjusting services to prioritize “clean and safe” efforts throughout the downtown district. The current Maintenance Services Agreement expires on December 1, 2022. Therefore, staff recommends an extension of the current agreement and adoption of the proposed work plan and budget in order to authorize DTSM’s continued operations and the City’s quarterly revenue disbursement for services. DTSM is currently in the midst of significant changes in leadership. A new CEO started in September 2022, and a number of new Board members are currently being onboarded. Should DTSM’s Board adopt revisions to its budget, work plan, or agreements in the coming months based on the ongoing collaboration between DTSM and City personnel, staff may return to Council with recommended revisions to the Maintenance Services Agreement (#9626 (CCS)) at a later date. Until then, the budget and work plan as presented tonight remain unchanged from those adopted by the DTSM Board.

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Discussion
DTSM is a 501(c)(3) non-profit organization that is under contract with the City to administer business and property-based assessment districts, including the management of a variety of programs, services, and operations to support economic stability, growth, and community life in downtown Santa Monica. DTSM provides hospitality and maintenance services, programs a year-round calendar of community events, including the WinterLit Holiday Lights and Festivities, and promotes Downtown as a vibrant shopping, dining, and entertainment destination. Efforts this last fiscal year and into the current fiscal year (2022-23) prioritize the inclusive and equitable economic recovery of the district with emphasis on business retention and attraction, prioritization of clean and safe initiatives and an increase in community-serving events in accordance with ongoing COVID-19 safety precautions. The City and DTSM are looking forward to relaunching the beloved ICE skating rink in Lot 27 this holiday season for the first time since 2019. In addition, DTSM proposes to continue to assist the City with activating the ”gateway” corner of Colorado Esplanade at Ocean Avenue with public-serving amenities and art.

Currently, DTSM is experiencing major transitions in staffing and leadership. DTSM’s longtime CEO departed in January 2022, and after a nationwide search, the Board selected Andrew Thomas as its next CEO whose term began in early September. A number of longtime staff members have departed in the months since. In July 2022, five new members joined its Board of Directors—two elected by Downtown stakeholders and three appointed by the City Council. Given these changes, and the interim status of the executive leadership, in Spring 2022, the then-current Board adopted a budget and workplan that were largely consistent with existing organizational priorities and investments, with an overriding focus on clean and safe initiatives, and with the explicit understanding that once the new CEO and Board members were in place, the DTSM Board could opt to make revisions. Meanwhile, DTSM staff continue to work in close partnership with the City’s Promenade Maintenance Team and Parking Operations Office to monitor and enhance cleaning services throughout the downtown district. For FY 2022-23, DTSM has allocated funding for additional pressure washing services in the alleys. The DTSM budget also includes funds to hire a dedicated full5.A Packet Pg. 20
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time Outreach and Mental Health Coordinator to engage with people experiencing homelessness within the geographic boundaries of the downtown Santa Monica area.

This person will be collaborating with other advocacy and service providers in the downtown area, including City and County homeless outreach teams. To support safety priorities, DTSM is working closely with the Santa Monica Police Department to implement a mobile security camera program on the Third Street Promenade, utilizing dispatchers at the Downtown Community Safety Command Center to monitor the cameras on the Promenade and alleys 24 hours per day, 7 days per week.

Funding for the programs, services, and operations comes from revenue generated from two business-based assessment districts and three property-based assessment districts:
• The Central Business District (CBD), established in 1966, is funded by retail businesses in the CBD.
• The Operation and Maintenance Assessment (Bayside Assessment), established in 1986, is funded by all businesses within the Bayside District. • The Downtown Santa Monica Property-Based Assessment District (Downtown PBAD), established in 2008.
• The Lincoln Boulevard Property-Based Assessment District (Lincoln PBAD) established in 2015.
• The Colorado Avenue Overlay Zone (Colorado Overlay) established in 2015.

The Services Agreement between the City and DTSM, originally approved by Council on January 13, 2009, requires the annual preparation and approval of a budget and work plan. In accordance with this requirement, DTSM has submitted its FY 2022-23 budget and work plan for Council review and approval.

FY 2022-23 Budget
DTSM has prepared a budget for FY 2022-23 with anticipated revenues of $10,207,417 and anticipated expenditures of $10,170,036 (Attachment D). The DTSM Board of

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Directors approved the work plan for FY 2022-23 on June 16, 2022 and adopted the annual budget on June 23, 2022.

In response to current economic uncertainty, DTSM did not increase the assessment rates. Overall projected revenues reflect a three percent decrease from DTSM’s FY 2021-22 budget.

Operational Work Plan for FY 2022-23
The proposed work plan details DTSM’s operational and programming initiatives for FY 2022-23 (Attachment E). The work plan’s six strategic areas are:

1. Organization Management – Maintain a strong and efficient organization with high standards of professional administration and customer service to effectively manage relationships and direct place-based initiatives.

2. Economic Development – Maximize the vitality of Downtown and promote community prosperity through a balanced, diverse, high-quality economic environment with a sustainable mix of uses. This year, the plan also focuses on the on-going partnership with the City to prioritize the Downtown’s on-going economic recovery and prosperity.

3. Marketing, Communication & Events – Protect and build upon Downtown’s reputation as an authentic, diverse, culturally significant and forward-thinking district, fostering its identity and brand through marketing, communication, partnerships and events.

4. Planning, Design & Infrastructure – Position Downtown as an engaging, accessible, thoughtfully-crafted destination through strategic ongoing investments in placemaking, urban planning, capital improvements, beautification, and development.

5. Policy & Advocacy – Research, interpret, and monitor the state of Downtown to proactively identify issues and advocate for solutions that best serve the interests of the Downtown community.

6. Public Space Management & Operations – Cultivate a vibrant, engaged community by serving as stewards for the quality and use of Downtown’s physical spaces.

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Maintenance Activities and Extension of Annual Maintenance Agreement The annual work plan also establishes the responsibilities, maintenance levels, and performance schedules that the City and DTSM must provide to each district within Downtown. The respective responsibilities for maintenance activities between the City and DTSM are provided for in the Maintenance Services Agreement that is extended annually, but only if:
a) the City Council approves the corresponding year’s work plan; b) b) any changes in services are cost neutral to both parties; and c) c) DTSM is in compliance with the terms and conditions of the Maintenance Agreement.

The maintenance responsibilities outlined in the attached work plan for FY 2022-23 are cost-neutral between the parties. Therefore, if Council approves the FY 2022-23 work plan, the City Manager would be authorized to extend the term of the Maintenance Agreement by one year.

ICE License Agreement at Lot 27
On October 9, 2007 the Council authorized the City to enter into an agreement with DTSM to allow for the installation and operation of a temporary ice-skating ring and ancillary activities on Lot 27 (at the southwest corner of 5 th Street and Arizona Avenue)
consistent with DTSM’s roles and responsibilities under the Services Agreement. This activation is part of DTSM’s WinterLit holiday festivities. The prior agreement expired on February 28, 2021 due to COVID. Staff recommends entering into a new amended agreement to allow for the on-going ICE skating rink activation for a term of up to four years (expiring in 2026 concurrent with the adjacent bank leases on this larger redevelopment site). This year, DTSM is estimating total expenses for ICE to be $1.2 million with projected revenue of $1.3 million resulting in a total net revenue of $100,000. This net revenue amount has been included in the DTSM annual budget forecast to help fund on-going DTSM operating costs. The value associated with the City’s waiver of the daily site rental fees is $75,000 (based on a daily site rental rate of $1,000) for the duration of ICE, including set up and take down. To date, this agreement has not resulted in revenue loss to the City. The temporary closing of Lot 27 with attractions like ICE help to attract additional downtown visitors.  Increasing the

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duration and frequency of events also helps to boost other important City revenue streams, including sales tax and parking tax revenue, which are essential to the City’s fiscal health.  As the ICE event continues to grow in popularity, staff recommend that the license agreement includes a revenue share agreement for future years (2024+) if DTSM’s net revenue from ICE exceeds $300,000, in which case the City would receive 50% of surplus revenue over $300,000.

Ocean Avenue Pilot License Agreement
On June 27, 2017, Council approved a pilot program to authorize DTSM to activate the public right of way located at the southeast corner of Colorado Esplanade and Ocean Avenue – which serves as a gateway to Santa Monica Pier and Tongva Park.  This pilot program has allowed DTSM to provide pedestrian-oriented services and amenities within a portion of the approximately 4,000 square feet of pedestrian right-of-way along the eastern side of Ocean Avenue, between Colorado Avenue and the northwest entrance of Tongva Park.

Activation of the area with pedestrian-oriented amenities such as food service, retail, or other experiential uses or programming is intended to activate the space with items such as movable tables and chairs. The addition of services and amenities is designed to help create connections between Palisades and Tongva Parks, develop a sense of place, and build community. Under the pilot program, DTSM has been permitted to enter into sublicense agreements with operators selected through a competitive, public procurement process. Past operators have included “The Fry Guy”, a coffee cart and The Lobby Food Truck.  The sublicense fees paid to DTSM by the operators would be required to support DTSM’s responsibilities of staffing and managing the license areas, and to fund any direct operating costs such as utilities.  Once these expenses are deducted, the surplus net revenue would be shared in a 50/50 split between DTSM and the City to help support on-going economic recovery efforts.  As a pilot program, DTSM would be provided flexibility and creativity to adjust the types of programs and uses within the license area that are most impactful at enhancing the public’s experience.

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Pedestrian access through the license area would be permitted at all times, including hours of non-operation.

Memorandum of Understanding for 4th Court Alley Improvements In addition, City staff recommends entering into a Memorandum of Understanding (“MOU”) with DTSM to facilitate placemaking improvements to Fourth Court Alley at a total cost of $110,000. This project is a partnership between the City and DTSM to create a grant program to reimburse selected project participants along Fourth Court between Colorado Avenue and Broadway for certain costs to design, permit and install improvements to their buildings to enhance the Fourth Court alley public right-of-way.

The Project is intended to serve as a mobility connection linking the bicycle network between Colorado Avenue and Broadway and the downtown Expo Station and is limited to the Fourth Court alley area. This project is funded by transportation impact fees collected from a Development Agreement for the Courtyard Marriott. The City shall provide up to $110,000 (“Project Total”) to DTSM as reimbursement to Project Participants for the Placemaking Improvements. In 2019, Council authorized the City and DTSM to enter into a MOU for this project but the term expired during COVID and no expenditures have yet been made to date. DTSM will oversee the grant dispersal to the eligible property owners over the next two years.

Past Council Actions
Meeting Date Description
11/23/21 (Attachment A) DTSM FY 2021-22 Work Plan and
Budget
10/09.07 (Attachment B) ICE License Agreement
6/27/2017 (Attachment C)  Ocean Avenue Pilot License Agreement Financial Impacts and Budget Actions
There are no immediate financial impacts or budget actions necessary as a result of the recommended action to approve DTSM’s FY 2022-23 work plan and budget or for

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recommended actions , 2, 4 and 5. Staff will return to Council if specific budget actions are required in the future.

Staff seeks authority to approve available funding from the Special Revenue Source Fund to award a Memorandum of Understanding with Downtown Santa Monica, Inc. for Fourth Court Alley improvements.

Memorandum of Understanding
FY 2022-23 Request
Amount CIP Account # Total Agreement Amount
$110,000 C1005720.689000 $110,000
Potential Future Impacts
In future years, the ICE Agreement and Colorado Esplanade/Ocean Avenue License Pilot program are envisioned to generate a nominal amount of revenue, once operating expenses are deducted, for both the City and DTSM to help fund on-going economic recovery efforts.  In the event that next year’s ICE activation is able to generate $400,000 in surplus revenue from sponsorships and increased ticket sales, then this event would result in $50,000 revenue for the City (based on a $300,000 baseline for DTSM operating costs with any additional revenue to be split 50/50 between the City and DTSM).  The Ocean Avenue pilot program may also generate a nominal amount of revenue for the City.  The most recent vending cart operator generated approximately $50,000 in annual revenue for DTSM.  When taking into account operating expenses, including utilities, the proposed 50/50 revenue share may generate a small amount of revenue for the City projected at less than $10,000 per year.

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Prepared By: Jennifer Taylor, Economic Development Adminstrator Approved Forwarded to Council
Attachments:

A. DTSM FY 21-22 Work Plan + Budget Staff Report (Web Link) B. ICE License Agreement (Web Link)
C. Ocean Avenue Pilot License Agreement Staff Report (Web Link) D. DTSM FY 2022-2023 Budget
E. DTSM FY22-23 Work Plan (update 9.23.22)

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DOWNTOWN SANTA MONICA, INC.

Attachment A: Budget Summary
FY23 (Jul. 1, 2022 to Jun. 30, 2023)
CATEGORY FY23 BUDGET FY22 BUDGET FY22 TO FY23 DIFF.

Income
Property Assessments 5,607,516.41 5,607,516.41 0.00%
Business Assessments 1,430,880.00 1,430,880.00 0.00%
Enterprise Programs 3,169,020.12 3,485,487.78 -9.08%
Total Income 10,207,416.53 10,523,884.19 -3.01%
Expenses
Personnel 1,672,813.77 1,758,295.22 -4.86%
Organizational
Management 554,787.76 481,830.50 15.14%
Economic Development 34,000.00 70,000.00 -51.43%
Marketing, Comm. &
Events 1,958,081.18 1,951,377.12 0.34%
Planning, Design &
Infrastructure 386,909.67 924,409.67 -58.15%
Policy & Advocacy 67,750.00 89,641.13 -24.42%
Public Space Mgmt. &
Ops. 5,495,693.85 5,324,043.63 3.22%
Total Expenses 10,170,036.23 10,599,597.26 -4.05%
Net Income (Loss) 37,380.30 (75,713.07) 149.37%
Special Allocations
General Reserve
Allocation (37,380.30) 75,713.07 -149.37%
Total Special Allocations (37,380.30) 75,713.07 -302.55% Total 0.00 0.00 0.00%

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Attachment: DTSM FY 2022-2023 Budget (5141 : DTSM 2022-23 Budget and Work Plan + 11th Modification to Maintenance Services Agreement) Attachment B: Functional Budget Detail
FY23 (Jul. 1, 2022 to Jun. 30, 2023)
ACCOUNT NO. ACCOUNT NAME FY23 BUDGET FY22 BUDGET
% OF
TOTAL
INCOME
2040000
Bayside District
Assessment 1,320,880.00 1,320,880.00 12.94%
2040100 CBD Assessment 110,000.00 110,000.00 1.08%
2140200 Zones 1/2/3 Assessment 4,694,653.74 4,694,653.74 45.99% 2140205 Zone L Assessment 505,925.11 505,925.11 4.96%
2140210 Zone O Assessment 406,937.56 406,937.56 3.99%
2340213 City Parks Program 1,415,290.12 1,280,987.78 13.87% 2340214
City Parking Structure
Safety 0.00 120,000.00 0.00%
2440211 Vending Income 26,730.00 70,000.00 0.26%
2440400 Event Fees 145,000.00 85,000.00 1.42%
2440500 Filming Revenues 72,000.00 60,000.00 0.71%
2440800 Rink Sponsorship 150,000.00 130,000.00 1.47%
2440900 Other Income 100,000.00 125,000.00 0.98%
2441000 Interest Income 0.00 2,000.00 0.00%
2441200
Contracted Projects
Revenue 0.00 256,000.00 0.00%
2441300 4th Court Placemaking 0.00 110,000.00 0.00%
2540610
Ice at Santa Monica
Sales
2540611 General Admission 1,100,000.00 1,021,500.00 10.78% 2540612 Promotional Sales 10,000.00 25,000.00 0.10%
2540613 Parties & Events 50,000.00 50,000.00 0.49%
2540614 Lessons & Clinics 20,000.00 20,000.00 0.20%
2540616 Merchandise 10,000.00 10,000.00 0.10%
2540617 Concessions 50,000.00 100,000.00 0.49%
2540618 Lockers 20,000.00 20,000.00 0.20%
2540600
Total Ice at Santa
Monica Sales 1,260,000.00 1,246,500.00 12.34%
Total Income 10,207,416.53 10,523,884.19 100.00%

PERSONNEL

EXPENSE

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Attachment: DTSM FY 2022-2023 Budget (5141 : DTSM 2022-23 Budget and Work Plan + 11th Modification to Maintenance Services Agreement) 3060100 Salaries 1,312,000.00 1,400,206.18 12.90%
3060710 Disability Insurance 17,000.00 14,724.72 0.17%
3060720
Health/Life/Vision/Dent
al 185,000.00 171,586.55 1.82%
3060800
Retirement
Contributions 60,413.77 66,762.31 0.59%
3060900 Payroll Taxes 98,400.00 105,015.46 0.97%
Total Personnel 1,672,813.77 1,758,295.22 16.45%

ORGANIZATIONA

L MANAGEMENT

EXPENSE
4060201
Organizational
Management
4060210 Bank Charges 2,500.00 2,500.00 0.02%
4060310 Office Supplies 3,500.00 3,500.00 0.03%
4060320 Computers/Hardware 1,500.00 4,000.00 0.01%
4060325 Software/Subscriptions 20,000.00 28,679.00 0.20% 4060340 Furniture 750.00 500.00 0.01%
4060410 Office Rent 232,087.76 220,909.80 2.28%
4060430 Office Electric 6,200.00 6,000.00 0.06%
4060450 Office Cleaning 1,625.00 1,625.00 0.02%
4060510 Office Phones 10,500.00 10,500.00 0.10%
4060520 Cell Phones 6,000.00 7,200.00 0.06%
4061010 Accounting 22,500.00 22,500.00 0.22%
4061020 Audit 17,700.00 13,750.00 0.17%
4061030 Legal 100,000.00 40,000.00 0.98%
4061040 Payroll Processing 2,200.00 2,148.00 0.02%
4061050 403B Admin 10,000.00 9,400.00 0.10%
4061060 Human Resources 5,000.00 2,500.00 0.05%
4061070 FSA Processing 1,370.00 1,250.00 0.01%
4061200 Equipment Rental 7,500.00 8,200.00 0.07%
4061300 Taxes & Licenses 350.00 150.00 0.00%
4061400 Repairs & Maintenance 500.00 500.00 0.00%
4061500
Memberships &
Subscriptions 2,000.00 6,225.50 0.02%
4061700 Postage 100.00 100.00 0.00%
4061800 Travel & Auto 15,000.00 19,100.00 0.15%
4061900 Education 18,000.00 8,000.00 0.18%
4062030 DTSM Staff Retreat 4,000.00 4,000.00 0.04%
4062100 Development 7,500.00 7,500.00 0.07%

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Attachment: DTSM FY 2022-2023 Budget (5141 : DTSM 2022-23 Budget and Work Plan + 11th Modification to Maintenance Services Agreement) 4062240 Database Maintenance 4,000.00 4,000.00 0.04%
4062245 IT Consultant 1,500.00 500.00 0.01%
4062710 Liability Insurance 21,000.00 23,667.15 0.21%
4062720 Directors and Officers 14,243.00 9,557.10 0.14% 4062730 Workers Compensation 9,962.00 9,868.95 0.10%
4062800 Parking 200.00 200.00 0.00%
4062900 Service Recognition 4,500.00 2,000.00 0.04%
4063150 Office Security 1,000.00 1,300.00 0.01%
Total Organizational Management 554,787.76 481,830.50 5.46%

ECONOMIC

DEVELOPMENT

EXPENSE
5062210 Retail Consultant 0.00 0.00 0.00%
5062300 Economic Development 24,000.00 10,000.00 0.24%
5062350 Economic Recovery 0.00 0.00 0.00%
5067500 Vending Programs 10,000.00 10,000.00 0.10%
5067510
Small Business
Incubation 0.00 25,000.00 0.00%
5067530
Small Business Holiday
Pop-Up 0.00 25,000.00 0.00%
Total Economic Development 34,000.00 70,000.00 0.33%

MARKETING,

COMMUNICATIO

N & EVENTS

EXPENSE
6062040 Stakeholders Meetings 1,000.00 1,000.00 0.01%
6062050 Annual Meeting 10,000.00 9,000.00 0.10%
6063001 Newsletter Email 5,000.00 5,000.00 0.05%
6063101
Community Events &
Activations 175,000.00 195,500.00 1.72%
6063102
Sponsorships &
Partnerships 10,000.00 15,000.00 0.10%
6063118 Giveaways 2,500.00 2,500.00 0.02%
6063120 Creative Development 63,000.00 63,000.00 0.62%
6063135 Photography 20,000.00 20,000.00 0.20%
6063140 Social Media 0.00 35,000.00 0.00%
6063160 PR Retainer 53,985.00 53,100.00 0.53%
6063201 Winter Events 20,000.00 23,500.00 0.20%

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Attachment: DTSM FY 2022-2023 Budget (5141 : DTSM 2022-23 Budget and Work Plan + 11th Modification to Maintenance Services Agreement) 6063202 Winter Decor 310,000.00 250,516.00 3.05%
6063203 Winter Advertising/PR 25,000.00 35,000.00 0.25% 6063204 Sponsorship Fulfillment 45,000.00 40,000.00 0.44% 6063300 General Advertising 70,000.00 102,500.00 0.69%
6063460 Website Maintenance 6,000.00 6,300.00 0.06%
6063470 Hosting Services 2,500.00 2,400.00 0.02%
6063700 Downtown Signage 67,500.00 105,700.00 0.66%
Marketing Communication & Events
Expense 886,485.00 965,016.00 8.72%

ICE AT SANTA
MONICA

EXPENSE
2550000 Cost of Goods Sold
2551000 Concessions Costs 30,000.00 30,000.00 0.29%
2552000 Merchandise Costs 4,500.00 4,500.00 0.04%
2553000 Parties & Events Costs 5,000.00 5,000.00 0.05%
2554000 Lessons & Clinics Costs 18,000.00 17,500.00 0.18% 2555000 Sales Tax Payable 1,200.00 1,025.00 0.01%
Total Cost of Goods
Sold 58,700.00 58,025.00 0.58%
6563211 Ice Capital Expenses 10,000.00 8,000.00 0.10%
6563212 Rental Skates 2,500.00 0.00 0.02%
6563220 Facilities 10,000.00 0.00 0.10%
6563221 Fencing 3,520.00 3,200.00 0.03%
6563223 Modulars 6,380.00 5,800.00 0.06%
6563224 Restrooms 30,800.00 28,000.00 0.30%
6563225 Tents 26,400.00 24,000.00 0.26%
6563230 Build Out 224,696.18 197,034.56 2.21%
6563240 Landscaping 2,000.00 1,500.00 0.02%
6563242 Decor 55,500.00 50,000.00 0.55%
6563244 Signage 27,500.00 25,000.00 0.27%
6563246 Bank Fees 500.00 500.00 0.00%
6563247 Credit Card Fees 27,000.00 20,000.00 0.27%
6563250 Uniforms 2,000.00 2,500.00 0.02%
6563251 Resurfacer Equipment 3,000.00 2,500.00 0.03%
6563252 Off-Season Storage 31,500.00 22,816.56 0.31%
6563253 Facility Maintenance 2,500.00 1,000.00 0.02%
6563258 Operating Supplies 15,400.00 14,000.00 0.15%
6563259 Office/Cleaning Supplies 2,500.00 2,500.00 0.02% 6563261 Equipment Rental 500.00 300.00 0.00%

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Attachment: DTSM FY 2022-2023 Budget (5141 : DTSM 2022-23 Budget and Work Plan + 11th Modification to Maintenance Services Agreement) 6563262 Music System Service 7,500.00 7,500.00 0.07%
6563263 POS System Service 3,500.00 3,000.00 0.03%
6563264 General Administration 0.00 0.00 0.00%
6563266 Insurance Coverages 25,000.00 25,000.00 0.25%
6563267 Licenses/Permits 5,000.00 5,000.00 0.05%
6563268 Payroll Services 1,200.00 1,000.00 0.01%
6563269
Pre-Employment
Screening 2,000.00 2,000.00 0.02%
6563274 Phone & Internet 30,000.00 25,000.00 0.29%
6563275 Power 70,000.00 65,000.00 0.69%
6563276 Trash Removal 3,000.00 2,000.00 0.03%
6563277 Water (Employees) 750.00 600.00 0.01%
6563279 Chiller Rental 60,000.00 46,585.00 0.59%
6563280 Power Distribution 5,000.00 5,000.00 0.05%
6563283
Operator Management
Fee 125,000.00 112,000.00 1.23%
6563284 Payroll (Operations) 249,450.00 220,000.00 2.45% Total Ice at Santa Monica 1,071,596.18 986,361.12 11.11% Total Marketing,
Communications
& Events 1,958,081.18 1,951,377.12 19.83%

PLANNING,

DESIGN &

INFRASTRUCTUR

E EXPENSE
7066210 Street Amenities 15,000.00 16,500.00 0.15%
7066220 Lighting & Aerial Decor 200,000.00 292,500.00 1.97% 7066230 Landscaping 25,000.00 22,500.00 0.25%
7066240 4th Court Placemaking 0.00 110,000.00 0.00%
7068250 Lincoln Beautification 121,909.67 121,909.67 1.20% 7068400
Promenade Capital
Improvements 25,000.00 75,000.00 0.25%
7068405 Visioning 0.00 30,000.00 0.00%
7068410
Contracted Projects
Expense 0.00 256,000.00 0.00%
Total Planning, Design & Infrastructure 386,909.67 924,409.67 3.80%

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Attachment: DTSM FY 2022-2023 Budget (5141 : DTSM 2022-23 Budget and Work Plan + 11th Modification to Maintenance Services Agreement)

POLICY &

ADVOCACY

EXPENSE
8062000 Policy & Advocacy 2,000.00 2,000.00 0.02%
8062005
Diversity, Equity &
Inclusion 0.00 3,000.00 0.00%
8062010 DTSM Board Meetings 2,750.00 500.00 0.03%
8062020 DTSM Board Dinner 3,000.00 3,000.00 0.03%
8062220 Data Services 20,000.00 41,641.13 0.20%
8062260 Pedestrian Counting 40,000.00 39,500.00 0.39%
Total Policy and Advocacy 67,750.00 89,641.13 0.67%

PUBLIC SPACE

MANAGEMENT &

OPERATIONS

EXPENSE
9064500
Ambassador Service
Recognition 0.00 3,000.00 0.00%
9065000 Hospitality
9065100
Zones 1/2/3 Hospitality
Contract 1,014,037.79 1,062,321.89 9.97%
9065105
Zone L Hospitality
Contract 135,972.53 110,199.37 1.34%
9065110
Zone O Hospitality
Contract 121,404.04 123,423.29 1.19%
9065150 City Parks Program 1,263,089.94 1,067,489.81 12.42% 9065400 Supplies & Materials 2,500.00 2,000.00 0.02%
Total Hospitality 2,537,004.30 2,365,434.36 24.95%
9067000 Maintenance
9067100 Power Washing 0.00 0.00 0.00%
9067200
Zones 1/2/3
Maintenance Contract 2,041,345.34 1,360,490.59 20.07%
9067205
Zone L Maintenance
Contract 206,535.91 187,974.14 2.03%
9067210
Zone O Maintenance
Contract 275,347.37 250,632.18 2.71%
9067250 General Maintenance 15,000.00 26,040.00 0.15%
Total BID Maintenance 2,538,228.62 1,825,136.91 24.96%
9069000 Safety
9069100 Safety Contract 408,460.93 1,060,772.36 4.02%
9069150 Stakeholder Training 0.00 3,200.00 0.00%

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Attachment: DTSM FY 2022-2023 Budget (5141 : DTSM 2022-23 Budget and Work Plan + 11th Modification to Maintenance Services Agreement) 9069200 Command Center 2,000.00 58,500.00 0.02%
Total Safety 410,460.93 1,122,472.36 4.04%
9068351 Public Art Projects 10,000.00 8,000.00 0.10%
Total Public Space & Operations 5,495,693.85 5,324,043.63 54.04% Block By Block Contract 5,466,193.85
Other Operation
Expenses 29,500.00
Total Expenses 10,170,036.23 10,599,597.26 100.58%
Net Profit/Loss 37,380.30 (75,713.07)

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Attachment: DTSM FY 2022-2023 Budget (5141 : DTSM 2022-23 Budget and Work Plan + 11th Modification to Maintenance Services Agreement) 1 DOWNTOWN SANTA MONICA, INC.

FY2022-23 OPERATIONAL PLAN
While there is an understandable desire to return to normal operations following two years of hardship and uncertainty caused by the coronavirus pandemic, it isn’t going to be that simple. The road to recovery is proving to be more challenging to navigate than expected.

Business models were upended. Some of our community members remain leary of venturing back out into our public spaces and downtown businesses. A significant portion of their employees continue to work remotely or are returning to the office only a few days a week, dramatically altering mid-week pedestrian counts in city centers around the globe. Local government remains cash strapped and short staffed, and our community is feeling the pain from a dip in services, particularly when it pertains to safety and cleanliness.

Downtown Santa Monica, Inc. (DTSM) wasn’t immune to the pandemic’s effects on retail. The Promenade experienced a significant number of shuttered stores and business revenue along this landmark thoroughfare sharply declined.

DTSM had to pivot its focus from maintaining the vitality of the promenade to one of revitalization.

DTSM also experienced significant changes in its leadership. Its CEO of 25 years departed in late 2021, as well as other members of the leadership team. Two members of the Board of Directors resigned, and three others have come to the end of their terms. As of July 1, 2022, five (5) new board members were either appointed or elected to the board. This reconstituted board may likely reshape the focus of DTSM’s mission and objectives as it continues to tackle the lingering vestiges of the pandemic. DTSM’s new CEO takes the helm on September 1, 2022 and there’s high expectations that his leadership will have an immediate impact on DTSM’s ability to best serve its community, the property owners and businesses.

Given the uncertainty ahead, it is prudent to go back to the basics, while also conducting a thorough review of the organization’s structure, its performance

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Attachment: DTSM FY22-23 Work Plan (update 9.23.22) (5141 : DTSM 2022-23 Budget and Work Plan + 11th Modification to Maintenance 2 and its partnerships so that when new leadership arrives there is a solid foundation to forge ahead with a grander vision to shape our downtown. The goal is always to ensure the district is thriving economically, is a hub for social interaction, and maintains its standing as one of the most celebrated public spaces in the world.

As experts in urban placemaking, DTSM’s staff and Board of Directors understand we still face significant challenges. The number of individuals experiencing homeless has increased. Property owners continue to struggle with attracting new tenants. Public safety remains top of mind for visitors.

The 2022-2023 Operational Plan will reflect the Board of Directors’ priorities to provide a clean, safe, and welcoming downtown, one that delivers our residents and visitors with a wide range of shopping, dining and entertainment options, a downtown that is economically vibrant and full of life. We will continue to support our merchants, provide property owners and brokers with the latest data and insights, and facilitate community connections via free events and activations. DTSM will continue to be an advocate for our downtown to ensure the City of Santa Monica is providing the level of services it is contractually obligated to, and is planning for the future success of our city center.

The next 12 months will be telling as we all await to see what the “new normal” will be. It is a moment of immense opportunity to reshape the organization, reinvigorate, and reimagine our downtown.

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Attachment: DTSM FY22-23 Work Plan (update 9.23.22) (5141 : DTSM 2022-23 Budget and Work Plan + 11th Modification to Maintenance 3 Board of Directors Strategic Priorities
The following objectives of this plan align to the strategic priorities of the Board of Directors of Downtown Santa Monica, Inc.

1. Foundational Priorities
a. Maintenance / Safety
b. Community Connections
c. Marketing / Branding

2. Aspirational Priorities
a. Placemaking / Promenade Vitality Plan
b. Expanded Activations / Events
c. Economic Vitality
Recruitment / Tenancy / Housing / Investment

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Attachment: DTSM FY22-23 Work Plan (update 9.23.22) (5141 : DTSM 2022-23 Budget and Work Plan + 11th Modification to Maintenance 5 1. Organizational Management
Maintain a strong and efficient organization with high standards of professional administration and customer service to effectively manage relationships and direct place-based initiatives.

1.1. Maintain high standards of professional administration and services.

1.1.1. Conduct regular staff training and create opportunities for professional development and continuing education, including ongoing coaching and performance feedback.

1.1.2. Create opportunities for strategic and organizational planning and educational opportunities for members of the Board of Directors.

1.1.3. Routinely assess functionality of technology systems, implementing upgrades as necessary to facilitate greater efficiency.

1.1.4. Maintain careful compliance standards and mitigate risk for contracts and programs in which Downtown Santa Monica, Inc. is either client or vendor.

1.1.5. Protect the organization from legal risk and mitigate the impacts of pending or active litigation.

1.2. Seek supplemental and diversified revenue streams to enhance programs and services.

1.2.1. Maximize revenues generated by Downtown Santa Monica, Inc. service programs.

1.2.2. Identify sponsorships and other funding opportunities for key programs supporting or enhancing the Downtown Santa Monica brand and visitor experience.

1.2.3. Maintain concise, transparent organizational records, including financial statements clearly demonstrating fiduciary responsibility.

1.3. Demonstrate the value of Downtown Santa Monica, Inc. as an organization, service provider and community partner.

1.3.1. Conduct the operations of the organization in a manner transparent to interested stakeholders and create records to contribute to institutional history.

1.3.2. Communicate proactively to keep stakeholders apprised of the projects, programs, and operations of the organization.

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Attachment: DTSM FY22-23 Work Plan (update 9.23.22) (5141 : DTSM 2022-23 Budget and Work Plan + 11th Modification to Maintenance 6 1.3.3. Produce regular data-driven reports to document progress toward the goals and objectives of this operational plan as well as other governing documents of the organization.

1.3.4. Encourage staff members to promote positive connections between the organization and other community organizations through board and/or committee service.

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Attachment: DTSM FY22-23 Work Plan (update 9.23.22) (5141 : DTSM 2022-23 Budget and Work Plan + 11th Modification to Maintenance 7 2. Economic Development
Maximize the vitality of downtown and promote community prosperity through a balanced, diverse, high-quality economic environment with a sustainable mix of uses.

2.1. Partner with the City and Downtown stakeholders to maintain a balanced, diverse economic environment and promote the prosperity of the community as a whole.

2.1.1. Serve as liaison between property and business owners and the City of Santa Monica to maximize the economic vitality of Downtown private property.

2.1.2. Monitor compliance with established ordinances, regulations and other guidelines, notifying appropriate City personnel as needed.

2.1.3. Monitor industry trends, competitive landscape, and community feedback to adjust economic vitality strategies accordingly.

2.2. Maximize the vitality of Downtown by encouraging and supporting a diverse, engaging mix of high-quality retail, restaurant, and entertainment businesses and other active neighborhood uses.

2.2.1. Encourage a balanced mix of active uses and consumer price points, prioritizing unique businesses that differentiate Downtown from other regional destinations.

2.2.2. Disseminate data about retail trends and the impacts of individual leasing decisions on the success of the district as a whole.

2.2.3. Identify core consumers and formulate data-driven strategies to target likeminded households and individuals.

2.2.4. Develop print and digital recruitment materials, including general campaigns for the district as well as targeted materials for prospective tenants.

2.2.5. Facilitate innovative opportunities, possibly including pop-up shops, temporary markets, and retail cart programs.

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Attachment: DTSM FY22-23 Work Plan (update 9.23.22) (5141 : DTSM 2022-23 Budget and Work Plan + 11th Modification to Maintenance 8 3. Marketing, Communication & Events
Protect and build upon downtown’s reputation as an authentic, diverse, culturally significant and forward-thinking district, fostering its identity and brand through marketing, communication, partnerships and events.

3.1. Position Downtown as a unique, exciting and broadly accessible experience-based place.

3.1.1. Produce a limited series of signature events and activities designed to encourage Santa Monica residents and employees to engage with Downtown.

3.1.2. Develop a calendar of engaging community events to enhance and invigorate the Downtown environment, including establishment of collaborative partnerships.

3.1.3. Screen outside event requests for adherence to established guidelines and coordinate event logistics accordingly.

3.1.4. Field requests to film in Downtown Santa Monica and work with the City to ensure that filming shoots comply with all municipal codes pertaining to the use of public space.

3.2. Nurture Downtown as a place embodying local flavor and welcome a broad audience to enjoy an authentic Santa Monica experience.

3.2.1. Produce advertising and public relations campaigns to convey brand messaging.

3.2.2. Welcome visitors to Downtown and inform them of the district’s businesses, attractions and amenities.

3.2.3. Guide visitor experience through installation of visually engaging messaging displayed in public spaces.

3.2.4. Partner with Santa Monica Travel & Tourism to support tourism programming.

3.2.5. Partner with Santa Monica Conservancy to promote visibility of historic assets.

3.3. Cultivate community buy-in and brand awareness by educating Downtown businesses and community partners and encouraging participation in programs and initiatives.

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Attachment: DTSM FY22-23 Work Plan (update 9.23.22) (5141 : DTSM 2022-23 Budget and Work Plan + 11th Modification to Maintenance 9 3.3.1. Produce communication materials to share relevant, timely information about Downtown Santa Monica with district businesses and stakeholders.

3.3.2. Maintain a comprehensive website for Downtown Santa Monica, and use social and other digital technologies to share information about the district.

3.3.3. Host stakeholder meetings to share updates on programs, collaborative opportunities and other essential information.

3.3.4. Produce a data-driven annual report to highlight the achievements of the organization in the prior fiscal year.

3.4. Protect and strengthen the Downtown Santa Monica brand equity.

3.4.1. Review and refresh brand elements at appropriate intervals to ensure continued relevance.

3.4.2. Utilize digital platforms to disseminate timely information and reinforce brand identity.

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Attachment: DTSM FY22-23 Work Plan (update 9.23.22) (5141 : DTSM 2022-23 Budget and Work Plan + 11th Modification to Maintenance 10 4. Planning, Design & Infrastructure
Position downtown as an engaging, accessible, thoughtfully-crafted destination through strategic ongoing investments in placemaking, urban planning, capital improvements, beautification and development.

4.1. Maintain an overarching vision for the continuous evolution of Downtown, anticipating and working with public and private sector partners to proactively manage short-term and long-term needs.

4.1.1. Monitor and assist the City in progressing the implementation actions of the Downtown Community Plan.

4.1.2. Support efforts to increase the sustainability of Downtown business operations, including water conservation and waste reduction.

4.2. Create engaging streetscapes and pedestrian spaces through preservation of existing assets and investments in infrastructure and creative placemaking.

4.2.1. Encourage development of high-quality public spaces on public and private property.

4.2.2. Enhance the public realm and drive pedestrian exploration through engaging, culturally-relevant placemaking and opportunities to surprise and delight.

4.2.3. Activate key public spaces through managed deployment of pedestrian-oriented amenities and programming.

4.2.4. Participate in planning beautification projects for streets and alleys across the district.

4.2.5. Expand pedestrian scale lighting on sidewalks, streets and alleys districtwide.

4.2.6. Work with the City to maximize pedestrian and vehicular wayfinding in Downtown Santa Monica for visitors using all available modes of transportation.

4.3. Ensure the Promenade remains the heart of Downtown Santa Monica, authentically representing the community’s values, culture and economy.

4.3.1. Effectively manage the Promenade as a key node of Downtown’s public space network and treasured community gathering space, fostering a sense of vitality and safety.

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Attachment: DTSM FY22-23 Work Plan (update 9.23.22) (5141 : DTSM 2022-23 Budget and Work Plan + 11th Modification to Maintenance 11 4.3.2. Maximize the utility of private properties abutting the Promenade through streamlined permitting processes and support for tenant selection by owners.

4.3.3. Preserve the Promenade’s competitive advantages and economic viability through planning and advocating for reinvestment in shortterm and long-term capital improvements.

4.4. Minimize disruptions to existing businesses and impacts on the visitor experience for Downtown users.

4.4.1. Maintain accessibility by monitoring permits for large-scale maintenance and construction, street and alley closures, and Third Street Promenade vehicle access.

4.4.2. Mitigate impacts of temporary closures and provide advance communication to district stakeholders.

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Attachment: DTSM FY22-23 Work Plan (update 9.23.22) (5141 : DTSM 2022-23 Budget and Work Plan + 11th Modification to Maintenance 12 5. Policy & Advocacy
Research, interpret, and monitor the state of downtown to proactively identify issues and advocate for solutions that best serve the interests of the downtown community.

5.1. Support the Board of Directors in its advisory role to City Council and ongoing work as the advocacy body for the district.

5.1.1. Facilitate discussion on issues of importance to Downtown Santa Monica by hosting regular board and committee meetings open to the general public.

5.1.2. Track, analyze, and advise the City Council and its boards, commissions, and staff on public and private development projects.

5.1.3. Advise the City Council and its boards, commissions, and staff on development of policies, plans and ordinances impacting the trajectory of Downtown.

5.2. Advocate on behalf of property and business owners on matters contributing to the overall vitality of business Downtown.

5.2.1. Advocate for strengthening the community through clean, safe, livable, and sustainable streets that are welcoming to all patrons.

5.2.2. Partner with the City of Santa Monica and other community organizations in supporting initiatives to combat crime and homelessness.

5.2.3. Advocate for maximum effectiveness and efficiency in managing public and shared parking resources.

5.2.4. Advocate for use of parking revenues to fund maintenance and enhancement of existing public parking structures as critical infrastructure for Downtown users.

5.2.5. Advocate for continued development of affordable housing and supportive services to preserve our diversity and serve our most economically vulnerable residents.

5.3. Position Downtown Santa Monica, Inc. as a central source of information on all aspects related to Downtown, including the economic vitality and market potential.

5.3.1. Conduct market and demographic research, quantify Downtown usage and leverage available resources to aggregate data sets.

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Attachment: DTSM FY22-23 Work Plan (update 9.23.22) (5141 : DTSM 2022-23 Budget and Work Plan + 11th Modification to Maintenance 13 5.3.2. Conduct stakeholder surveys, mystery shops, and program evaluations as needed to maximize the effectiveness of programs.

5.3.3. Analyze and apply data to drive organizational decision-making, packaging key data for dissemination to stakeholders.

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Attachment: DTSM FY22-23 Work Plan (update 9.23.22) (5141 : DTSM 2022-23 Budget and Work Plan + 11th Modification to Maintenance 14 6. Public Space Management & Operations
Cultivate a vibrant, engaged community by serving as stewards for the quality and use of downtown’s physical spaces with regard to cleaning, safety, hospitality, maintenance, parking and social outreach.

6.1. Provide enhanced custodial services and oversight to ensure a clean, active, and well-managed place. (See appendices for a complete schedule of maintenance obligations.)

6.1.1. Collaborate with the City of Santa Monica and related service vendors to ensure compliance with maintenance standards established by both parties.

6.1.2. Manage custodial services for Downtown public parking structures in accordance with parking structure maintenance agreement.

6.1.3. Conduct regular power washing and as-needed hot spot cleaning of key public spaces, including sidewalks, crosswalks, and alleys.

6.1.4. Monitor and provide custodial services to select public restrooms during all hours in which they remain open to the general public.

6.1.5. Promptly remove graffiti from public and private property and notify private property owners of other identified maintenance concerns and safety hazards.

6.1.6. Deploy Ambassadors who refer users to Downtown businesses and other locations, generate work orders to repair damaged Downtown infrastructure, provide walking directions, monitor key restrooms, jump-start vehicles and act as eyes and ears on the street in the district.

6.1.7. Ensure a positive visitor experience in Downtown-adjacent parks through City-funded contracted services for additive Hospitality Ambassador deployment in Tongva and Palisades Parks.

6.1.8. Collaborate with the City to provide active street performer and street vendor management for Third Street Promenade and other public spaces.

6.2. Support the City of Santa Monica’s public safety officials in their efforts to keep Downtown safe.

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Attachment: DTSM FY22-23 Work Plan (update 9.23.22) (5141 : DTSM 2022-23 Budget and Work Plan + 11th Modification to Maintenance 15 6.2.1. Deploy Safety Ambassadors at strategic times on the Third Street Promenade and surrounding alleys and streets who possess a valid California Security Guard Card to enhance visible presence of uniformed personnel and improve perceptions of public safety.

6.2.2. Deploy a Homeless Outreach/ Mental Health Coordinator and Quality of Life team to work strictly in the Downtown District to collaborate with other advocacy groups and service providers to expedite services for individuals in need.

6.2.3. Manage pilot mobile camera project on the Third Street Promenade to enhance monitoring and reporting of problematic behavior and provide a visible deterrent.

6.2.4. Collaborate with the Police Department and the City of Santa Monica Information Services Department to determine the feasibility of allowing access to Downtown camera systems for the Third Street Promenade, alleyways and Downtown parking
structures.

6.2.5. Collaborate with key personnel of departments charged with managing public safety in the district to ensure they maintain a regular presence in the Downtown, including but not limited to the Police and Fire Departments, Code Compliance, and the City Attorney’s Office.

6.2.6. Facilitate enhanced communication between parties engaged in preserving the safety of Downtown public spaces.

6.2.7. Track occurrence of public safety incidents in Downtown and provide notification to appropriate parties as needed.

6.2.8. Ensure Downtown Santa Monica, Inc. and its employees are prepared to assist as directed by public safety officials in the event of a natural disaster or other emergency.

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Attachment: DTSM FY22-23 Work Plan (update 9.23.22) (5141 : DTSM 2022-23 Budget and Work Plan + 11th Modification to Maintenance 16 District Boundary Map
The boundaries of the Downtown Santa Monica district extend from the east side of Ocean Ave to the east side of Lincoln Blvd. and from the I-10 freeway to the commercial parcels immediately north of Wilshire Blvd.

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Attachment: DTSM FY22-23 Work Plan (update 9.23.22) (5141 : DTSM 2022-23 Budget and Work Plan + 11th Modification to Maintenance 17 Board Directory
(Effective May 26, 2022)
Chair Barry Snell
Vice Chairs Julia Ladd
Rob Rader
Eric Sedman
Peter Trinh
Secretary / Treasurer Juan Matute
Board Members Michele Aronson
Joshua Gilman
Anuj Gupta
Ericka Lesley
Johannes Van Tilburg

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Attachment: DTSM FY22-23 Work Plan (update 9.23.22) (5141 : DTSM 2022-23 Budget and Work Plan + 11th Modification to Maintenance 18 Staff Directory
(Effective May 26, 2022)
Interim Chief Executive Officer Barry Snell
Interim Executive Director John Harris
Director of Operations Rich Mongarro
Sr. Marketing & Communication Manager Kevin Herrera
Research & Data Manager Jamison Hayward
Special Events Manager Laura Borsecnik
Public Space/Economic Development
Manager
Martin Ronzio-Garcia
Accounting Specialist Yuriko De La Cruz

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Attachment: DTSM FY22-23 Work Plan (update 9.23.22) (5141 : DTSM 2022-23 Budget and Work Plan + 11th Modification to Maintenance

ADDENDUM A
Board Directory
(Effective July 1, 2022)
Chair Eric Sedman
Vice Chairs Michele Aronson
Joshua Gilman
Julia Ladd
Peter Trinh
Secretary/Treasurer Barry Snell
Board Members Luke Cain
Bruce Fairty
Anuj Gupta
Ericka Lesley
Leo Pustilnikov
Lucian Tudor
Lora Vrastil

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Attachment: DTSM FY22-23 Work Plan (update 9.23.22) (5141 : DTSM 2022-23 Budget and Work Plan + 11th Modification to Maintenance

ADDENDUM B
Staff Directory
(Effective September 1, 2022)
Chief Executive Officer Andrew Thomas
Director of Operations Rich Mongarro
Special Events Manager Laura Borsecnik
Research & Data Manager Jamison Hayward
Public Space/Economic Development
Manager
Martin Ronzio-Garcia

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Attachment: DTSM FY22-23 Work Plan (update 9.23.22) (5141 : DTSM 2022-23 Budget and Work Plan + 11th Modification to Maintenance 19 Enhanced Maintenance Schedules
Parking Structure Maintenance Schedule
The following duties are performed in Parking Structures 1,2,4,5 and 6 during the stated shifts.
(Note: Duties and shifts subject to change based on need.) Shift time from 10:00 p.m. – 6:30 a.m.

Run M30 Sweeper/Scrubber vehicle on a rotational schedule in all structures Close all restrooms for deep cleaning floor-to-ceiling
Sweep, mop, and wipe down all stairwells and landing areas Conduct pan and broom maintenance throughout structures Document maintenance issues for reporting
Shift time from 8:00 a.m. - 4:30 p.m.

Clean restrooms (empty trash, clean toilets/urinals, clean sinks, counters, mirrors, and replenish toiletries as needed)
Remove, or paint over, graffiti
Remove debris as needed
Conduct pan and broom maintenance as needed
Shift time from 2:30 p.m. – 11:00 p.m.

Clean restrooms daily (empty trash, clean toilets/urinals, clean sinks, counters, mirrors, replenish toiletries as needed
Sweep/mop restroom as needed
Pull all trash (2/3rds full) and replace bags on every level of parking structures and wipe down cans Wipe down all structure interior signage as well as fire and electrical boxes Remove or paint over any graffiti that is reported or found Clean up all spills as necessary
Conduct pan and broom maintenance as needed
Lincoln Blvd and Colorado Ave Maintenance Schedule
Lincoln Blvd Shift time from 7:00 a.m. – 6:00 p.m.

Sweep and clean all sidewalks on east and west side of Lincoln Blvd from Colorado to Wilshire

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Attachment: DTSM FY22-23 Work Plan (update 9.23.22) (5141 : DTSM 2022-23 Budget and Work Plan + 11th Modification to Maintenance 20 Wipe down and clean all public infrastructure as needed Document maintenance issues for reporting
Colorado Ave Shift time from 8:00 a.m. – 9:30 p.m.

Sweep and clean all sidewalks on north and south side of Colorado Ave from Ocean Ave to Lincoln Blvd
Wipe down and clean all public infrastructure as needed Document maintenance issues for reporting
Pressure Washing Schedule
Enhanced Maintenance – Pressure Washing & Deep Cleaning in Downtown DTSM conducts pressure washing and deep cleaning services throughout various locations in Downtown. Services are planned to be deployed in accordance with the following minimum schedule, which may be adjusted as resources permit.

Activity Frequency
Zone 1: Third Street Promenade Intersections 4x Annually Zone 1: Alleys (2nd & 3rd Courts) Once a week
Zone 2: Alleys Once a week
Zone 3: Alleys Once every 2
weeks
Zone L: Lincoln Blvd. Sidewalks 4x Annually
Downtown Hotspots (Areas of Need) As Needed
Parking Structure Stairwells (Areas of Need) As Needed
Restroom Monitoring Schedule
The following restrooms are monitored and provided ongoing custodial services during all hours of public operation.
● Parking Structure #2 (during Farmer’s Market)
● Parking Structure #4
● Parking Structure #5
● Tongva Park
● Reed Park

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Attachment: DTSM FY22-23 Work Plan (update 9.23.22) (5141 : DTSM 2022-23 Budget and Work Plan + 11th Modification to Maintenance 21 General Maintenance Schedule
In order to care for infrastructure and improve the aesthetic of Downtown’s public spaces, DTSM completes the following routine maintenance activities during the course of a year.

Activity Frequency
Paint Public Infrastructure As Needed
Dinosaur Landscaping Refresh / Replant Quarterly/As
Needed
Dinosaur Fountain Maintenance Semi-Weekly/As
Needed
Vector Management Monthly/As
Needed
Tree Light Maintenance As Needed
Promenade Paver Repair As Needed
Sweep and remove trash from Alleys As Needed

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Attachment: DTSM FY22-23 Work Plan (update 9.23.22) (5141 : DTSM 2022-23 Budget and Work Plan + 11th Modification to Maintenance 22 City of Santa Monica Maintenance Matrix
The following pages contain a matrix outlining the services in Downtown provided by the Promenade Maintenance team of the City of Santa Monica Public Works Department. It is the responsibility of DTSM, Inc. to ensure maintenance work meets or exceeds the minimum levels of service established on creation of the assessment district.

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Attachment: DTSM FY22-23 Work Plan (update 9.23.22) (5141 : DTSM 2022-23 Budget and Work Plan + 11th Modification to Maintenance DocuSign Envelope ID: DBCC46C1-77B9-47BF-80CE-947B808BE209 Public Works
Promenade Maintenance Service Matrix
5/16/2022
1 Section - 3rd Street Promenade:

From the north side of Wilshire to the south side of Broadway Shifts: Effective
1 = 5:00am to 1:30pm. 7 days a week
2 = 2:00 p.m. to 10:30 p.m. 7 days a week
3rd Street Promenade Maintenance:

Service Description Frequency Shift
Pedestrian Walkways:

Sweeper
Scrubber
Pressure Washer
Pre-treat stains and spot
pressure wash
Picks up large debris
Picks up small debris, applies degreaser,
scrubs pavement & recovers excess
water
Steam cleans in places scrubbers can’t
reach
Degreaser applied with hand-sprayer
• Once daily, 7 days a week
• Once daily, 7 days a week
• Once daily, 5 days a week
• As needed
1 1
1 1
Monitoring Walk site, sweep & remove debris • Daily and as needed 1 or 2 Drinking Fountains
(7)
Spray & wipe • Daily and as needed 1 or 2

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Attachment: DTSM FY22-23 Work Plan (update 9.23.22) (5141 : DTSM 2022-23 Budget and Work Plan + DocuSign Envelope ID: DBCC46C1-77B9-47BF-80CE-947B808BE209 Public Works
Promenade Maintenance Service Matrix
5/16/2022
2 Section - 3rd Street Promenade, Promenade Maintenance, Cont’d.

Service Description Frequency Shift
Trash Containers
(40)
Wipe top, remove trash, replace bag • Four times daily, Mon. – Thu. • Five times daily, Fri. – Sun. & Holidays
1 & 2
Trash Container Liners
(40)
Steam clean/wipe down from the inside &
deodorize
• Weekly as needed 1
Stainless Steel Bollards
(27)
Spray & wipe, steam clean • Once daily 1 or 2
Directories
(7)
Spray & wipe • Once daily 1 or 2
Sculptures
(9)
Spray & wipe • Once daily, as needed 1 or 2
Graffiti Remove • As needed 1 & 2
Dinosaur Pools
(4)
Remove debris • As needed 1 & 2
Special Events Extra trash containers & general
maintenance frequencies
• As needed 1 & 2
Spot Cleaning &
Customer Calls
Additional cleanings, graffiti, broken glass,
animal waste, etc. • As needed 1 & 2
Off Duty
Emergency Call-outs
Oil spills, electrical, water, accidents, etc. • As needed 1 & 2

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Attachment: DTSM FY22-23 Work Plan (update 9.23.22) (5141 : DTSM 2022-23 Budget and Work Plan + DocuSign Envelope ID: DBCC46C1-77B9-47BF-80CE-947B808BE209 Public Works
Promenade Maintenance Service Matrix
5/16/2022
3 Section – 3rd Street, Public Landscape:

Service Description Frequency Shift
Tree Trimming 3,790
sq. ft.
(154)
Regular • Once, yearly (spring) Landcare
Tree Well Maintenance
3,790 sq. ft.
(154)
Inspect for grate or decomposed granite
displacement and/or debris & litter
Clean debris, reset tree grates
• Daily
• As needed, based upon inspections
Landcare
Succulents & Topiaries
(Dinosaur fountain
planters)
2,000 sq. ft.

Prune & shape topiaries
Weed and detail succulent beds
• Once every six weeks
• Weekly, as needed
Landcare
Irrigation Inspection Check system and controller for proper settings
• Weekly, as needed Landcare/ In
House
Fountain Maintenance Maintain fountains and provide cleaning service for the Topiary pools
• Twice weekly California
Waters

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Attachment: DTSM FY22-23 Work Plan (update 9.23.22) (5141 : DTSM 2022-23 Budget and Work Plan + DocuSign Envelope ID: DBCC46C1-77B9-47BF-80CE-947B808BE209 Public Works
Promenade Maintenance Service Matrix
5/16/2022
4 Section - Parking Structures:

Shifts: Effective 1/1/15
1 = 5:00 a.m. to 1:30 p.m. 7 days a week
2 = 2:00 p.m. to 10:30 p.m. 7 days a week
Parking Structures (Civic, Main Library and Ken Edwards) Promenade Maintenance:

Service Description Frequency Shift
Bin Rooms
PS 1-6
Pressure wash, degrease, or scrub.

Organize trash and recyclables.
• Once daily, 7 days a week
• Once 7 days a week
1 or 2
Clarifiers:

Structure 3

Structures 2-6
Clean out sludge
Remove restaurant grease
• Monthly
• As needed, contracted (Facilities)
Contractor
Parking Structures, Public Landscape:

Service Description Frequency Shift
Planter Maintenance
(ground level planters in
Structure 1 & 3 only)
5,900 sq. ft.

Pick up litter & debris
Water plants
Prune shrubs
• Daily
• Manually, as needed weekly
• Every 6 weeks
Landcare

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Promenade Maintenance Service Matrix
5/16/2022
5 Section – Colorado Blvd., Arizona Avenue & Wilshire Boulevard:

Sidewalks on both sides of streets from east side of Ocean Avenue to alley between 5th and 6th Streets.

Ocean Ave east side, 2nd and 4th Streets both sides:

Sidewalks on both sides of streets from north of Wilshire Boulevard to south of Colorado Avenue.

Shifts: Effective 1/1/15
1 = 5:00 a.m. to 1:30 p.m. 7 days a week
2 = 2:00 p.m. to 10:30 p.m. 7 days a week
Colorado Blvd., Arizona Avenue & Wilshire Boulevard ,2nd & 4th Streets, Promenade Maintenance Service

Description Frequency Shift
Pedestrian Walkways:

Sweeper

Scrubber
Pressure Washer
Pre-treat stains/spot
pressure washing
Picks up large debris
Picks up small debris, applies degreaser,
scrubs pavement & recovers excess
water
Steam cleans in places scrubbers can’t
reach
Degreaser applied with hand-sprayer
• 5 x a week
• 3 x a week Once daily
• 4 x a week
1 1
1 1
Monitoring Walk site, sweep & remove debris • Daily, as needed 1 & 2 Bus Stop Steam clean • As needed 1 & 2

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Attachment: DTSM FY22-23 Work Plan (update 9.23.22) (5141 : DTSM 2022-23 Budget and Work Plan + DocuSign Envelope ID: DBCC46C1-77B9-47BF-80CE-947B808BE209 Public Works
Promenade Maintenance Service Matrix
5/16/2022
6 Trash Containers
(74)
Wipe top, remove trash, replace bag • Twice daily, as needed 1 & 2 Trash Container Liners
(74)
Steam clean & deodorize • As needed 1 or 2
Section - Colorado Blvd., Arizona Avenue & Wilshire Boulevard and Ocean Ave., 2nd & 4th Streets, Promenade Maintenance, Cont’d.

Service Description Frequency Shift
Tree Wells Rake out debris & weed out • As needed
•
1 or 2
Spot Cleaning &
Customer Calls
Additional cleanings, graffiti, broken
glass, animal waste, etc. • As needed, 7 days a week 1 & 2 Off Duty
Emergency Call-outs
Oil spills, electrical, water, accidents, etc. • As needed

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Attachment: DTSM FY22-23 Work Plan (update 9.23.22) (5141 : DTSM 2022-23 Budget and Work Plan + DocuSign Envelope ID: DBCC46C1
-77B9-47BF-80CE-947B808BE209
Public Works
Promenade Maintenance Service Matrix
5/16/2022
7 Section - Public Landscape,
2ND & 4th Street
Service Description Frequency Shift
Tree Trimming
(182)
Regular
• Every 2 years West Coast
Arborists
Tree Well Maintenance
(182)
Backfill tree wells with decomposed
granite
• As needed 1 or 2 and
PLD
Arizona Ave.

Service Description Frequency Shift
Tree Trimming
(46)
Regular
• Every 2 years West Coast
Arborists
Tree Well Maintenance
(61)
Backfill tree wells with decomposed
granite
• As needed 1 & 2
Wilshire Blvd.

Service Description Frequency Shift
Tree Trimming
(66)
Regular
• Every 2 years West Coast
Arborists

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Attachment: DTSM FY22-23 Work Plan (update 9.23.22) (5141 : DTSM 2022-23 Budget and Work Plan + DocuSign Envelope ID: DBCC46C1-77B9-47BF-80CE-947B808BE209 Public Works
Promenade Maintenance Service Matrix
5/16/2022
8 Section - Transit Mall:

Sidewalks on both sides of the streets:
• Broadway east side of Ocean Avenue to alley between 5th and 6th Streets. • Santa Monica Boulevard from east side of Ocean Avenue to alley between 5th and 6th Streets.

Shifts: Effective 1/1/15
1 = 5:00 a.m. to 1:30 p.m. 7 days a week
2 = 2:00 p.m. to 10:30 p.m. 7 days a week
)
Transit Mall, Promenade Maintenance:

Service Description Frequency Shift
Monitoring Walk site, sweep & remove debris • Daily 1 & 2 Benches (241) Spray & wipe, polish wood • Once daily, as needed 1 or 2 Section - Transit Mall, Promenade Maintenance, Cont’d:

Service Description Frequency Shift
Drinking Fountains
(3)
Spray & wipe • Daily, as needed 1 or 2
Trash Containers
(36)
Wipe top, remove trash, replace bag • Four times daily 1 & 2 Trash Container Liners
(36)
Steam clean & deodorize • As needed 1
Tile Bollards
(40)
Spray, wipe & polish • Once daily, 5 days a week 1 or 2 Informational Signs
(6)
Spray & wipe • Once daily, 5 days a week 1 or 2

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Attachment: DTSM FY22-23 Work Plan (update 9.23.22) (5141 : DTSM 2022-23 Budget and Work Plan + DocuSign Envelope ID: DBCC46C1-77B9-47BF-80CE-947B808BE209 Public Works
Promenade Maintenance Service Matrix
5/16/2022
9 Arbors
(6)
Spray & wipe • Once daily, 5 days a week 1 or 2
Graffiti Monitor & Remove • As needed 1 & 2
Spot Cleaning &
Customer Calls
Additional cleanings, graffiti, broken glass,
animal waste, etc. • As needed 1 & 2
Off Duty
Emergency Call-outs
Oil spills, electrical, water, accidents, etc. • As needed Section - Transit Mall, Public Landscape:

Service Description Frequency Shift
Tree Trimming
(193)
Regular • Every 2 years West Coast
Arborists
Tree Well Maintenance Inspect for grate displacement and/or debris & litter
Clean debris, reset tree grates
• Daily
• As needed, based upon inspections
Landcare /
In House
Irrigation Inspections Check system and controller for proper settings
• Weekly Landcare /
In House
Monitoring Remove debris from tree wells • Daily Landcare

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Attachment: DTSM FY22-23 Work Plan (update 9.23.22) (5141 : DTSM 2022-23 Budget and Work Plan + DocuSign Envelope ID: DBCC46C1-77B9-47BF-80CE-947B808BE209 Public Works
Promenade Maintenance Service Matrix
5/16/2022
10 Section – Colorado, Broadway, Santa Monica Blvd., Arizona Avenue & Wilshire Boulevard:

Sidewalks on both sides of streets from east side of 5th to the alley east of 7th St. 5th, 6th and 7th Streets:

Sidewalks on both sides of streets from north of Wilshire Boulevard to south of Colorado Avenue.

Service Description Frequency Shift
Pedestrian Walkways:

Sweeper

Scrubber
Pressure Washer

Pre-treat stains/ and
spot pressure wash
Picks up large debris
Picks up small debris, applies degreaser,
scrubs pavement & recovers excess
water
Steam cleans in places scrubbers can’t
reach
Degreaser applied with hand-sprayer
• Twice weekly
• Once every three weeks
• Once every three weeks
• as needed
1 1
1 1
Monitoring Walk site, sweep & remove debris • As needed 1 or 2 Tree Well Maintenance Clean debris
Remove and spray for weeds
• Daily, as needed
• As needed, based upon inspections
1 1

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Attachment: DTSM FY22-23 Work Plan (update 9.23.22) (5141 : DTSM 2022-23 Budget and Work Plan + DocuSign Envelope ID: DBCC46C1-77B9-47BF-80CE-947B808BE209 Public Works
Promenade Maintenance Service Matrix
5/16/2022
11 Section - Alleys:
• 1st Court: Between Ocean Avenue & 2nd Street from north side of Wilshire Boulevard to south side of Colorado Avenue. • Mall Court West: Between 2nd Street and 3rd Street from north side of Wilshire Boulevard to south side of Broadway. • Mall Court East: Between 3rd Street and 4th Street from north side of Wilshire Boulevard to south side of Broadway. • 4th Court: Between 4th and 5th Streets from north side of Wilshire Boulevard to south side of Colorado Avenue. • 5th Court: Between 5th Street and 6th Street from north side of Wilshire Boulevard to south side of Colorado Avenue. • 6th Court: Between 6th Street and 7th Street from Colorado to Wilshire • 7th Court: Between 7th Street and Lincoln Blvd. from Colorado to Wilshire Shifts: Effective 1/1/15
1 = 5:00 a.m. to 1:30 p.m. 7 days a week
2 = 2:00 p.m. to 10:30 p.m. 7 days a week
2:00 p.m. to 10:30 p.m.

Alleys, Promenade Maintenance:

Service Description Frequency Shift
Mall Court East & West
Sweeper/ Mobile
Vacuum / scrubber Picks up small debris, applies degreaser, scrubs pavement & recovers excess
water
• 5 days a week 1
Monitoring Walk site, sweep & remove debris • Daily 1 & 2 Spills Apply absorbent, pressure wash and
scrub • As needed
Spot Cleaning
& Customer Calls
Discarded furniture, appliances, spills,
etc. • As needed 1 & 2
Graffiti Monitor & Remove • As needed 1 & 2

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Attachment: DTSM FY22-23 Work Plan (update 9.23.22) (5141 : DTSM 2022-23 Budget and Work Plan + DocuSign Envelope ID: DBCC46C1-77B9-47BF-80CE-947B808BE209 Public Works
Promenade Maintenance Service Matrix
5/16/2022
12 Weed suppression Remove weeds • As needed, based upon inspections 1 or 2 Off Duty
Emergency Call-outs
Toxic spills, electrical, water, accidents,
etc. • As needed 1 & 2
Section Six - Alleys, Promenade Maintenance, Cont’d.

Service Description Frequency Shift
1stt , 4th, 5th, 6th & 7th
Courts:

Mobile Vacuum Vacuums debris from large areas • 5 days a week 1 Monitoring Walk site, sweep debris • Once daily 1 & 2
•
Spot Cleaning
& Customer Calls
Discarded furniture, appliances, spills,
etc.
• As needed 1 & 2
Graffiti Remove • As needed 1 & 2
Off Duty
Emergency Call-outs
Oil spills, electrical, water, accidents, etc. • As needed 1 & 2 Weed suppression Remove weeds • As needed, based upon inspections 1 or 2

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Attachment: DTSM FY22-23 Work Plan (update 9.23.22) (5141 : DTSM 2022-23 Budget and Work Plan + DocuSign Envelope ID: DBCC46C1-77B9-47BF-80CE-947B808BE209 Public Works
Promenade Maintenance Service Matrix
5/16/2022
13 Section – Colorado Ave. Esplanade:

From east side of 4th St. to the east side of Ocean Ave Service Description Frequency Shift
Pedestrian Walkways:

Sweeper
Sweeper / scrubber

Pressure Washer
Pre-treat stains and spot
pressure wash
Picks up large debris
Picks up small debris, applies degreaser,
scrubs pavement & recovers excess water
Steam cleans in places scrubbers can’t
reach
Degreaser applied with hand-sprayer
• Once daily, 7 days a week
• Once daily, 7 days a week
• Once daily, 5 days a week (Mon., Tue.,
Thu., Fri., Sat.)
• As needed
1 1
1 1
Monitoring Walk site, sweep & remove debris • Daily and as needed 1 or 2 Trash Containers Wipe top, remove trash, replace bag • 4 times daily •
1 or 2
Trash Container Liners Steam clean / wipe down from the inside & deodorize
• As needed 1 or 2
Graffiti Remove • As needed 1 or 2
Landscape General Maintenance-using current
maintenance specifications requirements
Landcare

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Attachment: DTSM FY22-23 Work Plan (update 9.23.22) (5141 : DTSM 2022-23 Budget and Work Plan + Department of Transportation
Downtown Parking Facility Maintenance Matrix
Parking Division Fall 2022 (9/19/2022 Rev. 3)
9/23/2022 1
The Parking Division of the Department of Transportation conducts several related activities in support of Downtown Santa Monica Clean and Safe Initiatives. These operational efforts include:
• SP+ parking contract tasks related to cleanliness and monitoring of facilities • City Staff inspection roles and management of resources applied to clean and safe activities • Funding of interdepartmental efforts to provide for basic and enhanced security and cleanliness measures, • Periodic evaluation of effectiveness of anti-littering, graffiti, and human soiling countermeasures to adapt to changing conditions, and
• Regular collaboration and meeting with DTSM and Public Works – Promenade Maintenance partners to solution more effective and joint cleanliness and safety countermeasures.

The role of the parking contractor, SP Plus, Inc. in accomplishing basic clean and safe measures is significant and are done over three daily work shifts. The following tables describe specific tasks accomplished by SP+.

SP Plus, Inc. – Working Shifts: Effective 7/1/2022
1 = 7:00 a.m. to 4:00 p.m. (Daily/ Office: Monday to Friday) 2 = 3:00 p.m. to 11:30 p.m. (Daily)
3 = 11:00 p.m. to 7:30 a.m. (Daily)
M = 5:00 a.m. to 1:30 p.m. (Porters/ Maintenance Team: Monday to Friday) On succeeding pages are found the activities that SP Plus performs to assist with Clean and Safe Initiatives.

Downtown Parking Structures 1, 2, 4, 5, 6, and 9:

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Attachment: DTSM FY22-23 Work Plan (update 9.23.22) (5141 : DTSM 2022-23 Budget and Work Plan + Department of Transportation
Downtown Parking Facility Maintenance Matrix
Parking Division Fall 2022 (9/19/2022 Rev. 3)
9/23/2022 2
Service Description Frequency Shift
Public Elevators:

Usability Inspection
Preventive Maintenance

Major Repairs
Up-time Reports
Daily inspection of all publicly accessible elevators
OTIS conducts monthly inspections/ minor repairs
As-needed safety, electronic, & mechanical repairs
Administrative reporting of elevator availability
• Once daily, 7 days a week
• Monthly
• Once daily, 5 days a week
• By 5
th of each Month
1 1
1 1
Empty Trash Cans Inspect and replace trash can liners in all floors of each parking structures
• Once daily 1 or 2
Pan & Broom staircases Spot sweeping and pick up of litter and conveyance to nearest trash can
• Once daily per AM and Once per
PM, 7 days per week
M & 2
Pan & Broom drive aisles Spot sweeping and pick up of litter and conveyance to nearest trash can
• Once daily per AM and Once per
PM, 7 days per week
M & 2

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Attachment: DTSM FY22-23 Work Plan (update 9.23.22) (5141 : DTSM 2022-23 Budget and Work Plan + Department of Transportation
Downtown Parking Facility Maintenance Matrix
Parking Division Fall 2022 (9/19/2022 Rev. 3)
9/23/2022 3
Parking Structure Safety Measures (PS 1, 2, 4, 5, & 6)
Service Description Frequency Shift
Fire Alarm Testing Scheduling of routine testing functions, subcontracts with Allen Alarm and OTIS
• Four times annually 1
Fire Alarm Repairs SP+ subcontracts with ADT and Redhawk to conduct on the spot repairs
• As needed 1, 2, & M
Public Restrooms –
Plumbing Issues
SP+ porters and subcontractors on-call to
repair and replace stuck plumbing
• As needed M
“Code Yellow & Browns” SP+ inspects daily and summons
DTSM/BBB toxic clean-up services
• Inspection daily early AM, 7 days/week.
• Documents and calls for clean up
M
Public Restrooms –
fixture replacements
SP+ porters replace broken sinks, urinals,
toilets, mirrors, hand dryers, and doors
• Inspection once daily, 7 days/week.
• Fixture replacement as needed
M and 1
PS 6 Emergency
Generator
Annual inspection and testing of
emergency diesel/electric generator
• Annual inspection by subcontractor M
Lighting Inspect stairwell, lobby, and drive aisle
lighting, replace damaged or failed bulbs
• Inspect daily/ 7 days/week
• Replace as needed in batches, weekly
M
Graffiti
Countermeasures
SP+ collaboration with DTSM/ PW-PM,
performs final paint top coat
• Inspection once daily, 7 days/week.
• As needed final top-coat paint applied
after PW or DTSM graffiti removal.
1 & 2
Homeless Sweeps Monitor and report encampments in
parking facilities to SMPD.
• Inspection once daily, 7 days/week. 1
Clarifiers/ Sanitary
Sewer Inspections
Inspect and clean out sumps, clarifiers,
and sewers as Preventive Maintenance
• PS 1 twice per year, PS 2, 4, & 5
restroom lines three times per year.

M
Storm Drain Cleaning Inspect and clean out storm drains in parking facilities
• As needed or at least annually M
Storm Drain Repairs Toxic spills, water accidents, pipe and catchment replacements
• As-needed in collaboration with PW -
Facilities Maintenance Division
1, 2 & M

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Attachment: DTSM FY22-23 Work Plan (update 9.23.22) (5141 : DTSM 2022-23 Budget and Work Plan + Department of Transportation
Downtown Parking Facility Maintenance Matrix
Parking Division Fall 2022 (9/19/2022 Rev. 3)
9/23/2022 4
Safety and Guide Signing, Pavement Stencils, Flex Posts: PS 1, 2, 4, 5, 6, 9 & 10) Service Description Frequency Shift
Safety Signage and
Guidance Signage
SP+ inspects daily and cleans or replaces
damaged signs
• Inspection once daily, 7 days/week.
• Sign replacement as-needed in batch
M
Curb Painting, Pavement
delineation
Refresh curb paint and apply pavement
stencils.
• Refresh paint one parking structure per
month, ongoing all year.

M
Plastic Flex Points,
rubber-clad bollards
Inspect and replace lane posts in
structures and downtown surface lots
• Inspect Weekly
• Replace in batches bi-monthly
M
Mirrors Parking structure Exit mirrors at alleys
and streets
• Inspect once daily, 7 days/ week
• Replace/ adjust weekly
M
Hand-rails, stair treads,
barricades
Inspection, light cleaning, repaint metal
hand-rails or replace stair treads as
needed
• Inspect once daily, 7 days/week
• Repaint weekly
• Replace treads/flooring as needed
M
Pavement/ Concrete
Repairs
Inspect and monitor, arrange with
subcontractor for minor repairs. Consult
with Public Works -Arch/Engr divisions as
necessary for extensive repairs
• Inspect and report minor damage once
daily, 7 days per week
• Assign subcontractor to conduct minor
repairs in batches every two months
1, 2 & M
Lane striping, parking
stalls, directional arrows
Inspect and monitor wear of lane striping,
parking stencils, arrows, and related
pavement markings
• Inspect weekly
• Assign subcontractor to refresh
pavement markings every two years
• Conduct spot repainting as needed
M

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Attachment: DTSM FY22-23 Work Plan (update 9.23.22) (5141 : DTSM 2022-23 Budget and Work Plan + Department of Transportation
Downtown Parking Facility Maintenance Matrix
Parking Division Fall 2022 (9/19/2022 Rev. 3)
9/23/2022 5
Parking Structure Access and Revenue Control Systems (PARCS) Ken Edwards Center; Main Library; Civic Center, PS 1, 2, 4, 5, 6, 7, 8, 9 & 10 Service Description Frequency Shift
Ticket and Pre-paid
Scanning Kiosks and
Pay-on-Foot Machines
Inspect, replace stock, repair damaged
customer interfaces, and conduct preventive
maintenance.
• Inspect once daily, 7 days/week
• Replace ticket stock and money
trays as needed,
• Conduct repairs as needed
1 & 2
Entry & Exit Gate arms Inspect and replace as need, daily • Inspect safe and proper operation of gate arms
• Replace as needed
1 & 2
Ken Edwards Center
Parking Structure
Inspect and monitor PARCS machines
Inspect gate arms
• Once daily, 7 days/week
• Replace as needed
1 or 2
1 or 2
Main Library
Parking Structure
Inspect coin, cash, and credit card readers,
change dispensers
Inspect gate arms
• Once daily, 7 days a week
• Replace as needed
1 & 2
1 & 2
Civic Center
Parking Structure
Inspect coin, cash, and credit card readers,
change dispensers
Conduct incidental pan & broom clean up
Inspect Lighting, fire alarms, elevators
• Once daily, 7 days a week
• Once daily, 5 days a week
• Once daily, 5 days per week
1 or 2 or 3
M or 1
1, M
Cash and ticket pullers Inspect coin, cash, and credit card readers, change dispensers
• Once daily, 7 days/week
• Replace/ repair as needed
1 or 2 or 3
Customer Interface,
Communication
equipment
Inspect voice, speaker, and pin-hole camera
communication system
• Once daily, 7 days/week 1
-End5.A.e
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Attachment: DTSM FY22-23 Work Plan (update 9.23.22) (5141 : DTSM 2022-23 Budget and Work Plan + City Council
Report
City Council Meeting: October 11, 2022
Agenda Item: 5.B
1 of 5
To: Mayor and City Council
From: Douglas Sloan, City Attorney, City Attorney's Office, Administration Subject: Adoption of a Resolution Making Findings Regarding AB361 Teleconference Meetings
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 through November 10, 2022.

Discussion
AB 361 authorizes public agencies to conduct meetings by teleconference, including video conference, without compliance with all of the Brown Act’s limitations on such meetings, while a state of emergency resulting from the COVID-19 pandemic remains active and state or local officials have imposed or recommended measures to promote social distancing.

Initial reliance on AB 361 required the following: (1) there must be a proclaimed state of emergency; and (2) one of the following circumstances exist – (a) state or local officials have imposed or recommended measures to promote social distancing; or (b) the legislative body has determined by majority vote that, as a result of the emergency, meeting in person would present imminent risk to the health or safety of attendees. See Government Code Section 54953(e)(1) (all citations herein are to the Government Code). Once the initial invocation of AB 361 is made, continued reliance on AB 361 for subsequent meetings requires the following: (1) either the proclaimed state of emergency remains active or state or local officials have imposed or recommended measures to promote social

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distancing; and (2) not later than 30 days after teleconferencing for the first time under the AB 361 rules, and every 30 days thereafter, the legislative body, by majority vote, finds that it has reconsidered the circumstances of the emergency and at least one of the following circumstances exists – (a) the state of emergency continues to directly impact the ability of the members to meet safely in person or (b) state or local officials continue to impose or recommend measures to promote social distancing. See Section 54953(e)(3). Both of the conditions required to continue to rely on AB 361 are presently satisfied. The Governor’s State of Emergency Declaration, issued on March 4, 2020, and the City’s declaration of a local emergency issued March 13, 2020, as supplemented and modified through the 43rd Supplement, remain in place and have not been lifted.

The Requirements of AB 361.

If a public agency invokes AB 361, the notice and participation requirements for teleconferenced meetings are as follows: (1) each notice of the meeting and agenda must identify the means by which members of the public may access the meeting and offer public comment by either a call-in option or an internet-based service option; (2) teleconferenced meetings must be conducted in a manner that protects the statutory and constitutional rights of the parties and the public appearing before the legislative body; (3) public comments cannot be required to be submitted in advance of the meeting (though this may remain an option); (4) the public must be able to attend the meeting via call-in option or internet-based service option; (5) the public must have an opportunity to address the legislative body directly and offer comment in real time via call-in option or internet-based service option; (6) if there is a disruption that prevents the public agency from broadcasting the meeting using the call-in option or internet-based service option, or if there is a disruption within the public agency’s control that prevents members of the public from offering public comments using the call-in option or internetbased service option, the legislative body shall take no further action on items appearing on the agenda until public access to the meeting via the call-in option or internet-based service option is restored; and (7) the legislative body shall allow a

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reasonable amount of time per agenda item to allow public members the opportunity to provide public comment, including time for members of the public to be recognized for the purpose of providing public comment. See Section 54953(e)(2).

The Current Findings
While not experiencing the high case levels and positivity rates as seen during the height of the winter surge, the most recent Health Officer Order indicates that Los Angeles County continues to experience increases in COVID-19 cases and test positivity rates. As of September 20, 2022, LA County has confirmed 3,442,653 cases of COVID-19 within the County to date, with 1,520 new cases reported for September 20, 2022 alone, and has continued to advise that public health measures remain required to prevent the further spread of COVID-19. The HOO continues to focus the public health response to COVID-19 in Los Angeles County, among other things, to protect the most vulnerable among us.

Members of Boards and Commissions previously voiced concern about being required to return to in-person meetings given that, as validated by the Health Officer Order, many people, including those with identified underlying medical conditions, unvaccinated older adults, people from ethnic and racial minority groups, remain at risk for severe illness from COVID-19 (more likely to be hospitalized, need intensive care, require a ventilator to help them breathe, or die).

Accordingly, on March 22, April 12, May 10, May 24, June 14, July 12, July 26, August 23, 2022, and September 13, 2022, the City Council adopted findings under AB 361 to allow Boards and Commissions to elect to continue meeting remotely. The findings proposed by the attached resolution will allow Boards and Commissions to continue to elect to meet remotely through November 10, 2022.

In light of AB 361, the continuing COVID-19 emergency, the continuing recommendations by the Los Angeles County Department of Public Health of social distancing as one mechanism for preventing the spread of COVID-19, and the continued threats to health and safety posed by indoor public meetings with

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large attendance, staff recommends that Council adopt the proposed resolution making the findings required to continue to invoke AB 361. Doing so will allow City Council and City Board, Commission, and Task Force meetings to continue to occur by teleconference after October 24, 2022 (which is when the last adopted AB 361 resolution will expire) without compliance with the teleconferencing requirements set out in Section 54953(b)(3) that would otherwise apply.

The procedures that were established for City Council meetings when it held meetings remotely, providing for public attendance and comment through a call-in or internet-based service option, satisfy the requirements of AB 361. The City Clerk will work with City Boards, Commissions, and Task Forces to ensure that their meeting procedures for all meetings continue to similarly comply with the requirements of AB 361.

As indicated above, although the attached AB 361 Resolution authorizes all Boards and Commissions to continue to meet remotely, a Board or Commission can affirmatively decide to meet in person, just as the City Council decided for itself. In other words, for Boards and Commissions, the default will be remote meetings unless and until any decision to meet in person. As indicated above, the Council will need to make AB 361 findings anew every 30 days to permit this option to continue.

Fiscal Impacts
Budget for conduct of Council and City Board, Commission, and Task Force meetings is included in the FY 2022-23 budget.

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Prepared By: Douglas Sloan, City Attorney
Approved Forwarded to Council
Attachments:

A. CM-reso-AB361

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1 City Council Meeting: October 11, 2022 Santa Monica, California RESOLUTION NUMBER _________ (CCS)
(City Council Series)

A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF SANTA MONICA MAKING FINDINGS AS REQUIRED BY AB 361

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
WHEREAS international, national, state, and local health and governmental authorities are responding to an outbreak of respiratory disease caused by a novel coronavirus named “SARS-CoV-2,” and the disease it causes has been named “coronavirus disease 2019,” abbreviated COVID-19, (“COVID-19”); and WHEREAS, on March 4, 2020, the Governor of the State of California declared a state of emergency to make additional resources available, formalize emergency actions already underway across multiple state agencies and departments, and help the State prepare for broader spread of COVID-19; and
WHEREAS, on March 4, 2020, the Los Angeles County Board of Supervisors and Department of Public Health declared a local emergency and local public health emergency to aid the regional healthcare and governmental community in responding to COVID-19; and
WHEREAS, on March 13, 2020, the President of the United States of America declared a national emergency and announced that the federal government would make emergency funding available to assist state and local governments in preventing the spread of and addressing the effects of COVID-19; and

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Attachment: CM-reso-AB361 (5230 : AB361 Findings for Teleconference) 2 WHEREAS, on March 13, 2020, the City Manager, in his role as the Director of Emergency Services, (“Director of Emergency Services”) issued an Executive Order of the Director of Emergency Services of the City of Santa Monica Declaring the Existence of a Local Emergency (“Executive Order”) declaring a local emergency pursuant to Chapter 2.16 of the Santa Monica Municipal Code to ensure the availability of mutual aid and an effective response to 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 (“Revised Executive Order”); and WHEREAS, the Governor’s March 4, 2020 declaration of a state of emergency based on the COVID-19 pandemic remains in place; and
WHEREAS, the Proclamation of Existence of a Local Emergency issued by the Director of Emergency Services on March 13, 2020, has been ratified by the City Council on March 19, 2020, April 6, 2020, April 14, 2020, May 12, 2020, May 26, 2020, June 9, 2020, June 23, 2020, July 14, 2020, July 28, 2020, September 8, 2020, October 27, 2020, December 15, 2020, January 26, 2021, March 23, 2021 effective May 22, 2021, July 13, 2021, August 24, 2021, October 26, 2021, December 7, 2021, March 8, 2022 effective May 7, 2022, May 24, 2022, July 12, 2022, July 26, 2022, August 23, 2022, and September 13, 2022, with the result that the proclamation of a local emergency based on the COVID-19 pandemic remains in place; and
WHEREAS, throughout the emergency resulting from the COVID-19 pandemic, the Los Angeles County Department of Public Health (“LACDPH”) has issued a series of Health Officer Orders containing mandates and recommendations for keeping safe and preventing the spread of COVID-19; and

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Attachment: CM-reso-AB361 (5230 : AB361 Findings for Teleconference) 3 WHEREAS, the Ralph M. Brown Act, Government Code Sections 54950-54963, allows for meetings of legislative bodies of a local agency, as those terms are defined in the Brown Act, to occur via teleconferencing subject to certain requirements, particularly that the legislative body notice each teleconference location of each member that will be participating in the public meeting, that each teleconference location be accessible to the public, and that members of the public be allowed to address the legislative body at each teleconference location, see Government Code Section 54953(b)(3); and WHEREAS, on September 16, 2021, the Governor signed into law Assembly Bill No. 361 (“AB 361”), which, until January 1, 2024, authorizes a local agency to use teleconferencing without complying with the teleconferencing requirements imposed by the Brown Act when a legislative body of a local agency holds a meeting during a declared state of emergency, as that term is defined, when state or local health officials have imposed or recommended measures to promote social distancing or when the legislative body has determined that meeting in person would present imminent risks to the health or safety of attendees; and
WHEREAS, AB 361 requires legislative bodies that hold teleconferenced meetings under its abbreviated teleconferencing procedures to give notice of the meeting and post agendas, as described, to allow members of the public to access the meeting and address the legislative body, to give notice of the means by which members of the public may access the meeting and offer public comment, including an opportunity for all persons to attend via a call-in option or an internet-based service option, and to conduct the meeting in a manner that protects the statutory and constitutional rights of the parties and the public appearing before the legislative body; and

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Attachment: CM-reso-AB361 (5230 : AB361 Findings for Teleconference) 4 WHEREAS, AB 361 requires the legislative body to take no further action on agenda items when there is a disruption which prevents the public agency from broadcasting the meeting, or in the event of a disruption within the local agency’s control which prevents members of the public from offering public comments, until public access is restored; and
WHEREAS, AB 361 prohibits the legislative body from requiring public comments to be submitted in advance of the meeting and specifies that the legislative body must provide an opportunity for the public to address the legislative body and offer comment in real time; and
WHEREAS, AB 361 prohibits the legislative body from closing the public comment period and the opportunity to register to provide public comment, until the public comment period has elapsed or until a reasonable amount of time has elapsed, as specified; and WHEREAS, when there is a continuing state of emergency, or when state or local officials have imposed or recommended measures to promote social distancing, AB 361 requires a legislative body to make specified findings not later than 30 days after the first teleconferenced meeting pursuant to these provisions, and to make those findings every 30 days thereafter, in order to continue to meet under AB 361’s abbreviated teleconferencing procedures; and
WHEREAS, on September 28, 2021, October 26, 2021, November 23, 2021, December 14, 2021, January 11, 2022, February 8, 2022, March 8, 2022, March 22, 2022, April 8, 2022, May 10, 2022, May 24, 2022, June 14, 2022, July 12, 2022, July 26, 2022, August 23, 2022, and September 13, 2022, the City Council adopted Resolutions, which made the findings required by AB 361 to allow the City Council and all City Boards,

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Attachment: CM-reso-AB361 (5230 : AB361 Findings for Teleconference) 5 Commissions, and Task Forces to continue to meet under AB 361’s abbreviated teleconferencing procedures, and authorized the City Council and all City Boards, Commissions, and Task Forces to conduct meetings under AB 361’s abbreviated teleconferencing procedures, without complying with the requirements set forth in Government Code Section 54953(b)(3), subject to compliance with the requirements set forth in Government Code Section 54953(e)(2); and
WHEREAS, in light of the continuing State and local declarations of emergency resulting from the COVID-19 pandemic, the most recent Los Angeles County Department of Public Health Order of the Health Officer, issued April 21, 2022, which continues to recommend social distancing as one measure to reduce the spread of COVID-19, and to protect the most vulnerable among us in indoor public settings, the City Council desires to again make the findings required by AB 361 to allow the City Council and all City Boards, Commissions, and Task Forces to continue to meet under AB 361’s abbreviated teleconferencing procedures.

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

SECTION 1. The City Council finds that the State and local declarations of emergency resulting from the COVID-19 pandemic remain in place, and that the state of emergency continues to directly impact the ability to meet safely in person.

SECTION 2. The City Council finds that local officials, namely, the Los Angeles County Department of Public Health, has continued to recommend measures to promote social distancing.

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Attachment: CM-reso-AB361 (5230 : AB361 Findings for Teleconference) 6 SECTION 3. As a result of the findings in Sections 1 through 2 above, the City Council and all City Boards, Commissions, and Task Forces are authorized to conduct meetings under AB 361’s abbreviated teleconferencing procedures, without complying with the requirements set forth in Government Code Section 54953(b)(3), subject to compliance with the requirements set forth in Government Code Section 54953(e)(2).

SECTION 4. If any section, subsection, sentence, clause, or phrase of this Resolution 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 Resolution. The City Council hereby declares that it would have passed this Resolution and each and every section, subsection, sentence, clause, or phrase not declared invalid or unconstitutional without regard to whether any portion of this Resolution would be subsequently declared invalid or unconstitutional.

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:
____________________________
Douglas Sloan, City Attorney

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Attachment: CM-reso-AB361 (5230 : AB361 Findings for Teleconference) City Council
Report
City Council Meeting: October 11, 2022
Agenda Item: 5.C
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To: Mayor and City Council
From: Ramon Batista, Police Chief, Police Department
Subject: Award Bid and Enter into Agreement with Vigilant Solutions, LLC.

Recommended Action
Staff recommends that the City Council:

2. Authorize the City Manager to negotiate and execute a contract with Vigilant Solutions, LLC., a subsidiary of Motorola Solutions, Inc., for the ALPR expansion project in an amount not to exceed $291,432. This sum includes the purchase of ALPR cameras and all equipment and 3 years of service, with future year funding contingent on Council budget approval.

Summary
Automatic License Plate Recognition (ALPR) is a proven and reliable technology utilized by law enforcement for over five decades. The Santa Monica Police Department (SMPD) has piloted this technology since 2018 in a variety of formats. Based on practical experience, SMPD found the technology beneficial in multiple arenas of its operations. Staff seeks approval to expand the department’s current limited ALPR capabilities to 25 portable ALPR cameras and four message board trailers equipped

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with ALPR devices. Both the ALPR cameras and trailers will be solar powered. The combination of the 29 devices will be utilized to create an adaptive safety network of ALPR technology focusing on the Downtown and Pier areas. Funding for these new devices was previously secured by way of the 2020 UASI Grant Award. The total grant awarded to the department was $376,423 and for the expressed purpose of expanding ALPR capabilities. Council’s approval of the expenditure would allow the Police Department to spend $291,432 of the awarded grant total on the cameras and $79,600 of the total on the message board trailers.

Discussion
ALPR technology was first introduced in Europe in the early 1970s. As the technology rapidly improved it expanded to law enforcement in the United States. In fact, the widespread deployment of both fixed and mobile ALPR devices has become almost ubiquitous in the western law enforcement community. Coupled with advancements in computer software analytics, wireless communication and centralized database infrastructures, ALPR technology has revolutionized how law enforcement operates much in the same vein as forensic science, DNA analysis, and fingerprint collection.

ALPR is embraced as a force multiplier allowing agencies to efficiently utilize their existing and finite resources. With limited human intervention, this technology allows for the capture of license plates as well as other identifying features of a vehicle. This data can then be leveraged to detect crimes, identify threats, and record events of interest.

The technology can automatically generate and distribute alerts regarding this information. This near real time flow of intelligence allows patrol officers in the field to act quickly and make informed decisions to promote both public and officer safety. In addition, criminal investigators can use centralized data collection, combined with sophisticated search tools, to conduct retrospective searches, analysis, and movement tracking related to different investigations.

Due to the versatility of ALPR devices, law enforcement has experienced great success with the technology. Not only can ALPRs be deployed to address traffic concerns and enforcement, but it can be employed as a crime deterrent or can alert officers to crimes

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in progress. It also can assist in locating missing persons, Amber Alerts, Silver Alerts, or kidnappings. Additionally, the devices can be of value to the investigation of violent or serious crimes both in identifying criminals and exonerating the innocent. ALPRs are part of a regional safety model and are used by nearly all law enforcement agencies regionally and throughout the state.

The Santa Monica Police Department began taking advantage of the numerous benefits of ALPR technology in 2018. That year, the department first contracted with Vigilant Solutions purchasing three ALPR cameras systems and outfitting the devices on three patrol vehicles. SMPD contracted with Vigilant as an exception to the competitive bidding process because Vigilant was the only ALPR company who was able to comply with a new California law requiring an audit trail of all ALPR queries (CA Civil Code Section: 1798.90.52). In 2019, due to the usefulness of the first three devices, an additional four patrol vehicles were outfitted with ALPR systems.

By the Department having the devices, it gathered empirical evidence of how the technology could enhance public safety. The devices aided in locating stolen vehicles, apprehending violent suspects, and proved vital to the construction of several criminal cases. This practical experience also allowed the Department to identify and embrace best practices, which led to Santa Monica Police Policy 429, which governs the Department’s use of ALPR technology. Currently, all Department personnel who access ALPR data must first complete mandated training and may not access data without specific Department authorization. All data currently collected by existing ALPR technology is closely safeguarded by both procedural and technological means. ALPR data downloaded to department mobile or fixed workstations is accessible only through a login/password-protected system. The system is capable of documenting all access of information by name, date, and time. ALPR data is only to be accessed and used for express law enforcement purposes and investigations. Department policy requires that a monthly audit of ALPR use be performed. The Department does not distribute or share ALPR data with federal agencies such as ICE or the Department of Homeland Security. The Department designed its policy to balance concerns of privacy protection

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with SMPD’s functional need for having access to a valuable law enforcement and criminal investigation tool.

SMPD, bolstered by the successes of the ALPR technology, sought to further expand the department’s ALPR capacity. With the objective of being fiscally prudent, the department proactively explored options to fund the technology. The Urban Areas Security Initiative (UASI) grant program was one such option. In 2020, the Santa Monica Police department applied for the UASI grant for the purpose of expanding ALPR capabilities to safeguard the Santa Monica Pier and Downtown area. The department was officially awarded the UASI grant in 2021 for two projects. The sum of $376,423 was allocated towards the ALPR project.

In the proceeding months, staff explored different options and conducted an analysis of ALPR deployment within the Downtown proper and Pier areas. The objective was to design a combination of portal cameras and movable message board trailers to effectively create a network of ALPR devices that was both adaptive and flexible. Any network designed was required to consider present and future needs of the department.

SMPD issued a Request for Bids to provide the ALPR technology and determined Vigilant Solutions provided the best portal ALPR cameras and Fortel Traffic provided the best digital message board trailers. See below for photos.

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Vendor Selection
Bidder Recommendation
Best Bidder Vigilant Solutions, Motorola.

Evaluation Criteria Experience and Technical Competence: firm’s previous projects of comparable complexity, scale, and nature; training and previous expertise in the area of work required, public entity projects. Ability to meet project work and timeliness, highly qualified staff, efficiency and timeliness in completion of projects. Quality Control, Cost of Services/Cost Control: performance within budget allocations, prudent auditing practices, management and clear and constant
communication with City staff are essential to the success of this project; Stability and References, Value Add/Breadth of Service.

Municipal Code SMMC 2.24.180
Submittals Received
EyeP Solutions, Inc $163,878.58 unknown 2nd and 3rd year cost $85,316.85 for trailers
Flock Safety $232,250.00 three-year cost
No trailer bid submitted
Vigilant Solutions,
Motorola
$291,431.56 three-year cost
$72,000 for trailers

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Fortel Electric $170,175.00 unknown 2nd and 3rd year cost $67,600 for tailers
Fortel Traffic $170,175.00 unknown 2nd and 3rd year cost $79,600 for trailers
Bid Data
Date Posted Posted On Advertise In
(City Charter & SMMC)
Vendors
Downloaded
Date Publicly
Opened
5/5/2022 City's Online
Bidding Site
Santa Monica Daily
Press
32 5/25/2022

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Best Bidder Justification
Based on the evaluation criteria and criteria in SMMC 2.24.180 staff recommends awarding the bid to Vigilant Solutions, LLC/Motorola for ALPR services and Fortel Traffic for digital message board signs. At face value, Vigilant Solutions, LLC Motorola appear to have the most expensive ALPR camera out of the received bids. However, the subsequent subscription costs with the other bidders offset this cost. Additionally, Motorola’s experience with law enforcement and the specifications listed on the camera make it the best quality and overall product out of the five bidders. The Vigilant Solutions LEARN application is already being used within SMPD, saving significant city staff time and requiring no additional work from the Information Systems Department.

Nearly all surrounding agencies and joint state task forces such as L.A. Impact also use the Vigilant Solutions application with no issues and plenty of success. This application is known to be user friendly and proven to solve crimes. We have the option to have access to all agencies in our region that are on the same database at no additional cost. The application allows for alerts that can be placed on vehicles and investigators would get notifications in a timely manner, additionally the system is connected to National Crime Information Center (NCIC) and meets all the state and county security requirements regarding confidential information. The cameras are a solar powered with a hardwire option. The mounting kits can be purchased outright, and the system has proven to be portable by the end user and effective. This bid offers numerous advantages to include the system application, the ALPR cameras can record multiple lanes and speeds of up to 75 mph, the cameras are both solar powered or hardwired (AC/DC), the ALPR system can also run over Verizon SIM cards or AT&T FirstNet.

The system also comes with Vigilant Plate search software and analytics. User groups can be assigned, and the system can be audited. Alerts can be sent via text, e-mail, MDC, iOS alerts, or Window alerts. The software updates are automatic, the system comes with a one-year warranty and an option to purchase up to five years.

Additionally, it is the only system that can also operate as a pole camera and allows for the end user to relocate the camera easily and rapidly depending on the needs of the investigation. This will synchronize instantly with our existing database.

Fortel Traffic provided the most capable trailer system. In addition to the digital

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Past Council Actions
Meeting Date Description
05/11/21
(attachment A)
Council authorizes acceptance of the 2020 Urban Area
Security Initiative (UASI) Grant Funds.

Financial Impacts and Budget Actions
Staff seeks authority to approve funding from the Miscellaneous Grants Fund to award a contract with Vigilant Solutions, LLC Motorola for a cost of $291,432 for all ALPR equipment and 3 years of service, and to award a purchase order with Fortel Traffic for a cost of $79,600 for digital message board trailers and related equipment. message board and being solar powered, the trailer system comes with a Rekor Edge ALPR camera, traffic data acquisition, automated reporting for traffic studies, and simple programing. Included in the cost is data for one year and training.

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At the end of the three years, the department will own the cameras and the yearly cost for device licensing, unlimited cellular data, and database storage and integration will be $31,250 per year. These annual costs will be absorbed by the Department’s Operating Budget.

Future year funding is contingent on Council budget approval.

Vigilant Solutions, LLC Motorola Contract Request – ALPR FY 2022-23 Budget
Request Amount
Department Account # Total Contract Amount
$291,432 20180001.55518E $291,432
Fortel Traffic Purchase Order Request – Trailers
FY 2022-23 Budget
Request Amount
Department Account # Total Contract Amount
$79,600 20180001.55518E $79,600
Prepared By: Jose Arroyo, Senior Administrative Analyst Approved Forwarded to Council
Attachments:

A. May 11, 2021 Staff Report
B. Oaks Disclosure Form - Vigilant
C. Oaks Disclosure Form - Fortel Traffic

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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: Oaks Disclosure Form - Vigilant (5357 : Award Automated License Plate Recognition Project)

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 # ___________________________ Vigilant Solutions, LLC
Shawn Smith
None

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Attachment: Oaks Disclosure Form - Vigilant (5357 : Award Automated License Plate Recognition Project)

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Attachment: Oaks Disclosure Form - Fortel Traffic (5357 : Award Automated License Plate Recognition Project)

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Attachment: Oaks Disclosure Form - Fortel Traffic (5357 : Award Automated License Plate Recognition Project) City Council
Report
City Council Meeting: October 11, 2022
Agenda Item: 5.D
1 of 4
To: Mayor and City Council
From: Danny Alvarez, Fire Chief, Fire Department
Subject: Award RFP 311 to Digital EMS for Electronic Patient Care Reporting for the Fire Department
Recommended Action
Staff recommends that the City Council:

1. Award the contract for RFP 311 to Digital EMS Solutions Incorporated for an electronic Patient Care Report (ePCR) system for use by the Fire Department

Summary
The Fire Department utilizes an Electronic Patient Care Reporting (ePCR) system as part of its Emergency Medical Services (EMS) program for tracking patient care and medical records. The ePCR system operates on the Fire Department’s iPads and the system directly sends information entered by paramedics in the field to the treating hospital upon patient arrival. The system fulfills data collection, reporting and record retention requirements imposed by the County of Los Angeles Department of Health Services.

The software solution is cloud-based and the Department pays $4.60 per EMS report.

The Fire Department responds to approximately 10,200 EMS related calls per year resulting in an estimated average annual costs of $50,000/year for the next five-years.

The Fire Department’s budget already includes funding for an ePCR solution so no additional funds are required.

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Discussion
The current ePCR system was initially implemented in July 2016 and awarded to Digital EMS. The system replaced a previously paper-based, manual system. The initial implementation enabled EMS providers to implement electronic patient care reporting systems that comply with various local and federal requirements for medical records.

The recommended Digital EMS Solutions, Inc. system is designed to meet the patient care reporting requirements imposed by the Los Angeles County Department of Health Services and all other federal and State requirements.

Paramedics utilize the system during treatment to collect information about the patient and record the treatment provided to the patient. The information is securely stored in compliance with Health Insurance Portability and Accountability Act (HIPAA) and then transferred to the receiving hospital upon patient arrival. The near-instantaneous transfer of treatment data enables doctors and medical staff at the receiving hospital to have a comprehensive picture of the patient’s condition and care provided so that they can continue with treatment immediately upon patient arrival. The Digital EMS Solutions, Inc. system also has a comprehensive reporting system that enables the Fire Department to perform analysis of treatment provided and analyze patient outcomes as part of ongoing quality care/improvement review.

The system is highly reliable, user-friendly, and has been successfully utilized by the Fire Department for more than five years. The current contract with Digital EMS has expired. A Request for Proposal was issued and staff recommends Digital EMS as the Best Bidder for the award.

Bidder Recommendation
Best Bidder Digital EMS Solutions, Inc.

Evaluation Criteria The following criteria was used to determine best bidder:
method of approach, qualifications of experience,
reasonableness of cost, completeness of proposal, and value added/breadth of service.

The City shall have absolute discretion in determining the applicability and weight of the criteria listed above.

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The City is not required to select the bid with the lowest price.

Municipal Code SMMC 2.24.190
Date Posted Posted On
Advertise In
(City Charter & SMMC)
Vendors
Downloaded
Date Publicly
Opened
3/17/2022 City's Online
Bidding Site
Santa Monica Daily
Press
22 4/14/2022
Best Bidder Justification
Digital EMS is deemed the best bidder due to their industry expertise, completeness of proposal, cost, and value added. A majority of Los Angeles County Fire agencies utilize Digital EMS as their ePCR vendor. Digital EMS is able to provide all of the County’s required data on its form and is able to transmit electronically to the local hospitals. The form is also interoperable with our neighboring agencies. The pricing per unit is comparable with the Department’s current cost. The cost is based on a per transaction costs and the Department is only billed for patient data recorded.

Financial Impacts and Budget Actions
Staff seeks authority to approve funding from the General Fund to award an agreement with Digital EMS Solutions Incorporated for an electronic Patient Care Report (ePCR) system. Future years funding is contingent on Council budget approval.

Agreement Request
FY 2022-23 Budget Request Amount Operating Account # Total Contract Amount $50,000  01190001.529230  $250,000
Bid Data
Submittals Received
Beyond Lucid Technologies, Inc.

Digital EMS Solutions Inc.

Image Trend, Inc

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Prepared By: Terese Toomey, Principal Administrative Analyst Approved Forwarded to Council
Attachments:

A. Digital EMS Oaks

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20 CITY OF SANTA MONICA

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:

Bid/PO/Contract # ____________________________ Permit # ___________________________

5.D.a
Packet Pg. 105 Attachment: Digital EMS Oaks (5369 : Award RFP 311 to Digital EMS for Electronic Patient Care Reporting) City Council
Report
City Council Meeting: October 11, 2022
Agenda Item: 5.E
1 of 6
To: Mayor and City Council
From: Gigi Decavalles-Hughes, Director, Finance Department Subject: Award RFP for Enterprise Procurement Lifecycle Management Solution Recommended Action
Staff recommends that the City Council:

1. Award RFP PRJ0011599 to OpenGov, Inc. for an enterprise Procurement Lifecycle Management Solution (PLMS) for the Finance Department;

Summary
The purchase of an enterprise Procurement Lifecycle Management Solution (PLMS) would allow the City to continue to use an intuitive, efficient and easy to use procurement process that includes online self-service and collaboration features that simplify researching, building, evaluating and awarding solicitations, and enables the City to broadcast solicitations to a wide set of vendors. This system allows staff to maintain important controls to ensure transparency and the integrity of the competitive bidding process. Staff recommends awarding RFP PRJ0011599 and approving the execution of a contract with OpenGov, Inc. for the purchase of a PLMS for a five year period. Staff also recommends approving a second modification to agreement #4473

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with OpenGov, Inc. to continue to use and pay the subscription costs for their solicitation builder and online bidding system through December 2022, while the new agreement associated with the RFP award is finalized.

Background
For over 15 years, the City has used a centralized vendor and bid management system to post procurement solicitations online. In September 2018, the City entered into a three-year agreement with Govlist, on a trial basis, to try out additional desired functionalities, including a request for proposal (RFP) and solicitation-writing tool, a scope of work library module, an interactive vendor sourcing portal, an online evaluation management tool, and an analytics and reporting tool. The City used Govlist (which changed its name to ProcureNow in April 2019) alongside its previous online solicitation tool.

In 2021, the City shifted all its solicitation development and posting activity to ProcureNow, due to its ease of use and robust functionality. On July 1, 2021, ProcureNow was acquired by OpenGov and was rebranded as OpenGov Procurement (OpenGov). The City continued to use OpenGov on a month-to-month basis pending the completion of the RFP process for the Procurement and Contract Lifecycle Management Solution, which was delayed as a result of staffing vacancies and reprioritization of projects due to COVID. This contract has now exceeded the City Manager’s administrative authority and requires Council approval to continue until December 2022, when staff anticipate having a new contract in place.

On March 17, 2021, the City posted an RFP for a Procurement and Contract Lifecycle Management Solution in an effort to implement a single centralized solution that would automate and manage 1) all procurement functions and 2) all contract management functions, including solicitation, vendor selection, contract execution, and contract administration. Staff has paused the selection and implementation of a contract management solution at this time due to workload concerns given a number of higher priority projects, and budgetary concerns. The City will continue to use a basic

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SharePoint repository to manage contracts; however, the OpenGov solicitation builder and online bidding system capabilities must continue.

Discussion
The Procurement Division (Procurement) of the Finance Department is responsible for the citywide procurement of goods and services used in the delivery of City services.

Procurement is also responsible for developing and implementing procurement policies and procedures, and for providing contract administration guidance and support to all City departments. Annually, Procurement completes over 100 solicitations and supports over 1,150 active agreements throughout the City, including the review and approval of new agreements and modifications, financial management of contract balances and monitoring contracts for compliance with City requirements and policies.

The City uses OpenGov as its solicitation and RFP builder and as its online bidding solution. OpenGov’s existing functionality enables users to develop procurement requests using a “Turbo-Tax-like” interface that guide users through the process to create bids and RFPs. The system serves as the City’s online bidding system to post and publish bids and proposals broadly to a wide set of vendors. OpenGov provides management and support for the vendor selection process including automated tabulation of bids and proposal scores and interview and demonstration management.

The automation of pricing table/proposal comparisons alone saved the Procurement Division hours of staff time spent manually consolidating this information. OpenGov also provides access to an inventory of other agencies’ bids, RFPs, product specifications, and scopes of work, which serve as reference materials for staff and enhance the quality of City solicitations. Overall, the features and functionality provided by OpenGov are robust in comparison to the other solutions evaluated through the RFP; they provide the best functionality that meets the needs of the City.

Approval to purchase the PLMS would enable staff to continue to use an intuitive and easy to use system to manage the procurement process and ensure that the City maintains important safeguards and controls to ensure transparency and integrity in the procurement process.

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While staff is not seeking approval to purchase a contract management solution at this time, staff will continue to evaluate the need for implementing such a solution and will return to Council for approval to purchase a contract management solution as necessary.

Vendor Selection
Bidder Recommendation
Best Qualified
Person/Firm
OpenGov, Inc.

Evaluation Criteria Experience and ability to perform services promptly, project approach, cost, value add/breadth of service, and
functional capabilities.

Municipal Code SMMC 2.24.190
RFPs Received
Autocene, Inc. CGI Technologies and
Solutions, Inc.

CobbleStone Software
*Govlist, Inc. (dba
ProcureNow) (now operating
as OpenGov, Inc.)
Icertis, Inc. Keenology Corp.

Pantheon, Inc. Premikati Sysoft
*Acquired by OpenGov, Inc.

RFP Data
Posted On Posted On
Advertised In
(City Charter &
SMMC)
Vendors
Downloaded
Date Publicly
Opened
03/17/2021 City's Online
Bidding Site
Santa Monica Daily
Press 76 07/14/2021
Justification to Award
Staff from the City Attorney’s Office, the Finance Department, the City Clerk, the Information Services Department, and the City Manager’s Office evaluated and scored all proposals for a procurement lifecycle management system and a contract

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management system, and then interviewed three shortlisted firms. The firms were evaluated based on experience and ability to perform services promptly, project approach, cost, value add/breadth of service, and functional capabilities. Based on these criteria and criteria in SMMC 2.24.190, staff recommends awarding the procurement lifecycle management to the incumbent OpenGov, Inc. as the best qualified person or firm to provide the procurement lifecycle management portion of the project. OpenGov, Inc. provides the best functionality that meets the needs of the City.

The City will not move forward with a contract management system at this time.

Financial Impacts and Budget Actions
Staff seeks authority to approve available funding from the General Fund to award a new contract with OpenGov, Inc. for the annual subscription costs of a procurement lifecycle management system and authority to increase the amount of the existing agreement with OpenGov, Inc. to extend the services through December 2022.

New Contract – OpenGov, Inc.

FY 2022-23 Budget
Request Amount Future Years Department Account #
Total Contract
Amount
$78,561 $314,244 01300009.525070 $392,805
Contract Modification Request – Existing OpenGov, Inc. Contract Agreement# Contract
Authorized
Amount
FY 2022-23
Modified
Request Amount
Department
Account
Total Revised
Contract
Amount
4473 $250,000 $17,600 01300009.525070 $267,600
Future year funding is contingent on Council budget approval.

Prepared By: Oscar Santiago, Budget Manager
Approved Forwarded to Council

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Attachments:

A. OpenGov, Inc. FY22-23 Oaks
B. Original Contract - CT#4473 Govlist
C. 1st Modification to Contract#4473 OpenGov

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CITY OF SANTA MONICA

OAKS INITIATIVE NOTICE

NOTICE TO APPLICANTS, BIDDERS, PROPOSERS

AND OTHERS SEEKING DISCRETIONARY PERMITS, CONTRACTS,

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 theofficial 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 SantaMonica.

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, theCity compiles and maintains certain information. That information includes the name of any personorpersons whois seekinga“publicbenefit.” Ifthe“public benefit” is sought by an entity, ratherthan an individual person, the information includes the nameof everyperson 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.

DocuSign Envelope ID: AC14BA83-047A-4EDB-8986-0E9BC0365D95

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Packet Pg. 112 Attachment: OpenGov, Inc. FY22-23 Oaks (5373 : RFP for Procurement Lifecycle Management Solution)

CITY OF SANTA MONICA

Public benefits include:

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

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 inany 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:

Permit #
FOR CITY USE ONLY:

Bid/PO/Contract #
DocuSign Envelope ID: AC14BA83-047A-4EDB-8986-0E9BC0365D95 Waranya Simbeck
N/A
8/22/2022
OpenGov, Inc.

Head of Finance
msimbeck@open
gov.com
Officers -Zachary Bookman - CEO; Paul H. Denton - CAO; Thiago Sa Freire - President; Suresh Seshadri - CFO; Ammiel Kamon - CTO
Directors - Zac Bookman, Joe Lonsdale, John Chambers, Marc Andreessen, Katherine August-deWilde, Amy Hald

5.E.a
Packet Pg. 113 Attachment: OpenGov, Inc. FY22-23 Oaks (5373 : RFP for Procurement Lifecycle Management Solution)

5.E.b
Packet Pg. 114 Attachment: Original Contract - CT#4473 Govlist (5373 : RFP for Procurement Lifecycle Management Solution)

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Packet Pg. 115 Attachment: Original Contract - CT#4473 Govlist (5373 : RFP for Procurement Lifecycle Management Solution)

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Packet Pg. 116 Attachment: Original Contract - CT#4473 Govlist (5373 : RFP for Procurement Lifecycle Management Solution)

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Packet Pg. 117 Attachment: Original Contract - CT#4473 Govlist (5373 : RFP for Procurement Lifecycle Management Solution)

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Packet Pg. 118 Attachment: Original Contract - CT#4473 Govlist (5373 : RFP for Procurement Lifecycle Management Solution)

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Packet Pg. 119 Attachment: Original Contract - CT#4473 Govlist (5373 : RFP for Procurement Lifecycle Management Solution)

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Packet Pg. 120 Attachment: Original Contract - CT#4473 Govlist (5373 : RFP for Procurement Lifecycle Management Solution)

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Packet Pg. 129 Attachment: Original Contract - CT#4473 Govlist (5373 : RFP for Procurement Lifecycle Management Solution)

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Packet Pg. 134 Attachment: Original Contract - CT#4473 Govlist (5373 : RFP for Procurement Lifecycle Management Solution)

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Packet Pg. 135 Attachment: Original Contract - CT#4473 Govlist (5373 : RFP for Procurement Lifecycle Management Solution)

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Packet Pg. 136 Attachment: Original Contract - CT#4473 Govlist (5373 : RFP for Procurement Lifecycle Management Solution)

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Packet Pg. 137 Attachment: Original Contract - CT#4473 Govlist (5373 : RFP for Procurement Lifecycle Management Solution)

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Packet Pg. 138 Attachment: Original Contract - CT#4473 Govlist (5373 : RFP for Procurement Lifecycle Management Solution)

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Packet Pg. 139 Attachment: Original Contract - CT#4473 Govlist (5373 : RFP for Procurement Lifecycle Management Solution) 1 Contract No. 4473

FIRST MODIFICATION TO SAAS SERVICES AGREEMENT
This First Modification of SAAS Services Agreement No. 4473 ("First Modification") entered into as of _________________(“Execution Date”), by and between the City of Santa Monica, a California municipal corporation ("City"), on the one hand, and OpenGov Inc. a Delaware corporation ("OpenGov"), and Govlist Inc., a Delaware corporation ("Govlist"), on the other hand, is made with respect to the following:

RECITALS:

A. On or about September 4, 2018, the City and Govlist entered into an SAAS Services Agreement Contract No. 4473 ("Original Agreement") relating to a procurement and solicitations solution.

B. The City has been informed that Govlist and OpenGov entered into that certain Stock Purchase Agreement effective July 1, 2021. Govlist wishes to assign the Original Agreement to OpenGov. OpenGov represents that it will provide and meet all of Govlist’s obligations as set forth in the Original Agreement with the City.

C. The parties now enter into this First Modification for the assignment of the Original Agreement to OpenGov on the terms and conditions set forth herein.

NOW, THEREFORE, it is mutually agreed by and between the undersigned parties as follows:

1. Recital. The terms of the Recital are incorporated herein by reference as a term of this First Modification.

2. Consent to Assignment. Based upon the representations made by Govlist and OpenGov, the City hereby approves the assignment of the Original Agreement from Govlist to OpenGov as of July 1, 2021. Effective as of July 1, 2021, OpenGov shall assume all of the rights and obligations of Govlist under the Original Agreement.

3. Notices. All notices, demands, requests or approvals to OpenGov shall be sent to 6525 Crown Blvd # 41340, San Jose, CA 95160, Attn: Legal, [email protected].

DocuSign Envelope ID: F5A612AE-5D29-4DB8-B663-06D1081C18D5 12/29/2021

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Packet Pg. 140 Attachment: 1st Modification to Contract#4473 OpenGov (5373 : RFP for Procurement Lifecycle Management Solution) 2 IN WITNESS WHEREOF, the parties execute this First Modification as of the date first written above.

Assignor:

Govlist Inc.,
a Delaware Corporation
#VENDOR
_______________________________
NAME: Sean Wani
TITLE:

Assignee:

OpenGov,
a Delaware Corporation
#VENDOR2
___________________________________
NAME Paul H. Denton
TITLE: CFO
ATTEST:
______________________________

DENISE ANDERSON-WARREN
City Clerk
APPROVED AS TO FORM:
______________________________

LANE DILG
City Attorney

CITY OF SANTA MONICA,
a municipal corporation
By: ______________________________

RICK COLE
City Manager
DocuSign Envelope ID: F5A612AE-5D29-4DB8-B663-06D1081C18D5 Interim City Attorney
12/23/2021
Joseph Lawrence
Secretary
12/23/2021 12/23/2021
City Manager
12/29/2021
David White
12/29/2021
City Clerk
Denise Anderson-Warren

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Packet Pg. 141 Attachment: 1st Modification to Contract#4473 OpenGov (5373 : RFP for Procurement Lifecycle Management Solution) 1 July 26, 2022

CITY OF SANTA MONICA

CITY COUNCIL MINUTES
JULY 26, 2022
A regular meeting of the Santa Monica City Council was called to order by Mayor Himmelrich at 5:37 p.m., on Tuesday, July 26, 2022, at City Council Chambers, 1685 Main Street, Santa Monica, CA.

Also Present: City Manager David White
City Attorney Douglas Sloan
City Clerk Denise Anderson-Warren
CONVENE/PLEDGE On order of the Mayor, the City Council convened at 5:37 p.m., with all members present. Councilmember de la Torre led the assemblage in the Pledge of Allegiance.

GENERAL PUBLIC
INPUT:

Members of the public David Whatley, Denise Barton, David Morris, Jonathan Foster, and John Allen (time donated by Arthur Jeon) commented on various local issues.

PUBLIC INPUT FOR

CLOSED SESSION,

SPECIAL AGENDA

ITEMS AND CONSENT
CALENDAR ONLY:

There was no public comment on Closed Session.

Member of the public Denise Barton commented on special agenda items.

Member of the public Denise Barton commented on consent calendar items.

AGENDA

MANAGEMENT
On order of the Mayor, Item 16.D. was withdrawn at the request of the proponents. The item was removed unanimously by voice vote with all members present.

CLOSED SESSIONS On order of the Mayor, the City Council recessed at 6:01 p.m., to consider closed sessions and returned at 7:05 p.m., with all members present, to report the following:

DocuSign Envelope ID: A54F7DD0-E7EE-46FD-BBED-BC888D28B093

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Packet Pg. 142 Minutes Acceptance: Minutes of Jul 26, 2022 5:30 PM (CONSENT CALENDAR) 2 July 26, 2022

3.A. Conference with Real Estate Negotiator pursuant to Government Code Section 54956.8: Property: 1600 Ocean Front Walk, 6,449 sf. ft. (current), Santa Monica, California; City Negotiator: Elana Buegoff, Pier Administrator; Owner of Record: City of Santa Monica; Persons to be negotiated with: Heal the Bay; Negotiators: Tracy Quinn, CEO and Marslaidh Ryan, Aquarium Director; Under negotiation: Building Lease Terms
The City Attorney advised this matter was heard with no reportable action taken.

3.B. Conference with Labor Negotiator: Government Code Section 54957.6 -- Agency Designated Representatives: City Manager David White and Chief People Officer Lori Gentles; Bargaining Units: ATAAdministrative 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; PALSSU-Public 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; STASupervisory Team Associates; Coalition of Santa Monica City Employees.

The City Attorney advised this matter was not heard.

SPECIAL AGENDA
ITEMS:

4.A. City Manager Report, was presented.

REPORT ON COUNCIL
TRAVEL
There was nothing to report on Council travel.

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

At the request of Councilmember Brock, Items 5A., 5.B. and 5.E. were removed from the Consent Calendar.

At the request of Councilmember de la Torre, Item 5.C. was removed from the Consent Calendar.

Motion by Councilmember Brock, seconded by Councilmember de la Torre, to approve the Consent Calendar except for Items 5.A, 5.B., 5.C. and

5.E., reading resolutions by title only and waiving further reading thereof.

DocuSign Envelope ID: A54F7DD0-E7EE-46FD-BBED-BC888D28B093

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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

TELECONFERENCE

MEETINGS

5.D. Adoption of Resolution No. 11445 (CCS) entitled “A

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA
MONICA MAKING FINDINGS AS REQUIRED BY AB 361

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 adopted.

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 through August 25, 2022.

LABOR NEGOTIATIONS 5.F. Adoption of Resolution No. 11446 (CCS) entitled “A

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA

MONICA ACCEPTING THE TENTATIVE AGREEMENT AND

AUTHORIZING THE CITY MANAGER TO EXECUTE A

MEMORANDUM OF UNDERSTANDING WITH THE CALIFORNIA
TEAMSTERS LOCAL 911” and authorizing the City Manager to negotiate and execute Memoranda of Understanding No. 11293 (CCS) with the California Teamsters Local, was adopted.

Recommended Action
Staff recommends that the City Council:

1. Adopt the proposed Resolution (Attachment A) accepting the tentative agreement and authorizing the City Manager to negotiate and execute a Memorandum of Understanding with the California Teamsters Local 911;

2. Adopt the salary schedule (Attachment B); and

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

MINUTES 5.G. Minutes of City Council - Regular Meeting - June 14, 2022, were approved.

MINUTES 5.H. Minutes of City Council - Special Meeting - July 14, 2022, 6:00 PM, were approved.

DocuSign Envelope ID: A54F7DD0-E7EE-46FD-BBED-BC888D28B093

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Packet Pg. 144 Minutes Acceptance: Minutes of Jul 26, 2022 5:30 PM (CONSENT CALENDAR) 4 July 26, 2022

RECYCLED WATER

MASTER PLAN

5.A. Award Bid and Enter into Agreement No. 11294 (CCS) with Kennedy/Jenks Consultants, Inc., to Prepare a Recycled Water Master Plan, was presented.

Recommended Action
Staff Recommends that the City Council:

1. Award RFP# 318 to Kennedy/Jenks Consultants, Inc., to provide professional services for the development of a Recycled Water Master Plan;

2. Authorize the City Manager to negotiate and execute a professional services agreement with Kennedy/Jenks Consultants, Inc., in an amount not to exceed $363,000 to provide professional services for the development of a Recycled Water Master Plan; and

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

Councilmember Brock pulled this item to ask staff if the city is taking into account the proposed State Regional Housing Needs Assessment (RHNA) requirements in relation to the Recycled Water Master Plan.

Motion by Councilmember Brock, seconded by Mayor Himmelrich, to approve the staff recommendation. 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

DOMESTIC WATER AND

WASTEWATER MASTER
PLANS

5.B. Award Bid and enter into Agreement No. 11295 (CCS) with Arcadis U.S., Inc. to Update the City's Domestic Water and Wastewater Master Plans, was presented.

Recommended Action
Staff Recommends that the City Council:

1. Award RFP# 317 to Arcadis U.S., Inc. to update the City’s Domestic Water & Sanitary Sewer Master Plans for the Public Works Department;

2. Authorize the City Manager to negotiate and execute a Professional Services Agreement with Arcadis U.S., Inc., in an amount not to exceed $805,160 over a five-year term; and

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

Councilmember Brock pulled this item to ask staff if the city is taking into account the proposed State Regional Housing Needs Assessment (RHNA) DocuSign Envelope ID: A54F7DD0-E7EE-46FD-BBED-BC888D28B093

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Packet Pg. 145 Minutes Acceptance: Minutes of Jul 26, 2022 5:30 PM (CONSENT CALENDAR) 5 July 26, 2022
requirements in relation to the Domestic Water and Wastewater Master Plans.

Motion by Councilmember Brock, seconded by Councilmember de la Torre, to approve 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

MICHIGAN AVENUE
GREENWAY & 20TH

STREET PROJECT

5.C. Award Construction Contract No. 11296 (CCS) to Access Pacific, Inc. for Michigan Avenue Greenway & 20th Street Project, was presented.

Recommended Action
Staff recommends that the City Council:

1. Award Bid #SP2474 to Access Pacific, Inc. for construction services for the Michigan Avenue Greenway & 20th Street Project for the Public Works Department;

2. Authorize the City Manager to negotiate and execute a contract with Access Pacific, Inc. in an amount not to exceed $2,110,170 (including a 15% contingency);

3. Authorize the Director of Public Works to issue any necessary change orders to complete additional work within contract authority; and

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

Councilmember de la Torre pulled this item to ask staff questions regarding the possibility of losing residential parking on 17th Street during the project; what is the net loss of parking with this project; and, is staff aware of traffic circulation problems.

Motion by Councilmember de la Torre, seconded by Councilmember Parra, to approve the staff recommendation. 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.
710 BROADWAY 5.E. Adoption of a Resolution entitled “A RESOLUTION OF THE

CITY COUNCIL OF THE CITY OF SANTA MONICA ACCEPTING
DocuSign Envelope ID: A54F7DD0-E7EE-46FD-BBED-BC888D28B093

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Packet Pg. 146 Minutes Acceptance: Minutes of Jul 26, 2022 5:30 PM (CONSENT CALENDAR) 6 July 26, 2022
AND APPROVING THE FINAL PARCEL MAP FOR TRACT NO.
83099 TO SUBDIVIDE A PROPERTY AT 710 BROADWAY”, was
presented.

Recommended Action
Staff recommends that the City Council adopt the attached resolution approving Final Tract Map No. 83099 for a 61-unit airspace subdivision located at 710 Broadway to allow the commercial and residential components of the project to be separately leased, financed, or sold, the option of 280 residential units to be sold as condominiums, and to vacate a portion of an alley (7th Court).

The Attorney stated for the record a minor correction on the resolution.

Councilmember Brock pulled this item to ask questions, including: when did the plan of apartments, with some affordable housing, turn into 280 condominium units; and if Council approved 280 units to be sold as condominiums.

Motion by Councilmember Brock, seconded by Councilmember de la Torre, to postpone the item until the August 23rd council meeting.

Substitute motion by Councilmember Davis, seconded by Mayor Himmelrich, to table the item until later in the evening for staff to be available to answer Council’s questions. The substitute motion was approved by the following vote:

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

PUBLIC INPUT ON

REMAINING AGENDA
ITEMS:

Members of the public Denny Zane, William Handelsman, Michael Soloff, Jon Katz, and, Sonya Sultan commented on Item 8.A.

Members of the public John Berry and Neil Gitnick commented on 10.A.

Member of the public Elliot Gordon commented on Item 11.A.

Members of the public Denny Zane, William Handelsman, Michael Soloff, Arthur Jeon (time donated by John Alle), Jonah Breslau, Nora Bohn, Ericka Lesley, Sonya Sultan, Giacomo Valentini, Denise McGranahan, and Austin Humble commented on 11.B.

Member of the public Nicole Phillis commented on 11.C.

DocuSign Envelope ID: A54F7DD0-E7EE-46FD-BBED-BC888D28B093

5.F
Packet Pg. 147 Minutes Acceptance: Minutes of Jul 26, 2022 5:30 PM (CONSENT CALENDAR) 7 July 26, 2022
Members of the public Denny Zane, William Handelsman, Michael Soloff, Jon Katz, Ericka Lesley, Sonya Sultan, Nicole Phillis, Caroline Torosis, Anastasia Foster, Wayne Bauer, Mathew Millen, Jay Johnson, Cristina Navarro, Ellis Raskin, and, Phyllis Dudick commented on 11.D.

Members of the public Denise Barton and Olga Zurwaska (time donated by David Morris) commented on Item 16.B.

Member of the public David Whatley commented on Item 16.C.

CONTINUED ITEMS:

BALLOT MEASURE

8.A. Certification of Qualified Initiative Petition Measure to Establish Added Funding for Homelessness Prevention, Affordable Housing, and Schools and Adoption of Resolution No. 11448 (CCS) entitled “A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

SANTA MONICA SUBMITTING TO THE VOTERS AN INITIATIVE

MEASURE TO AMEND SANTA MONICA MUNICIPAL CODE
CHAPTER 6.96 AND ADD CHAPTER 4.90 TO PROVIDE A THIRD

TIER TRANSFER TAX RATE FOR PROPERTY TRANSFERS OF
$8,000,000 OR MORE WITH AN ELEVEN-MEMBER RESIDENT
OVERSIGHT COMMITTEE”, was presented.

Recommended Action
Staff recommends that the City Council:

1. Receive and file the attached Certification of Qualification regarding an Initiative Measure to Establish Added Funding for Homelessness Prevention, Affordable Housing, and Schools by Amending Santa Monica Municipal Code Chapter 6.96 to provide a Third Tier Transfer Tax Rate for Property Transfers of $8,000,000 or more with an Eleven-Member Resident Oversight Committee;

2. Adopt the attached resolution requesting and directing the actions necessary to place the measure on the November 8, 2022 General Municipal ballot.

Questions asked and answered of staff included: with there not being a threshold, does it mean that over time, more homes will qualify for this dollar amount; is there a legal limit on what we can charge for a tax rate; is it a legal requirement for the tax to be the sellers obligation; question of viability, if this tax could cause an increase cost; as this tax is enacted, what methodology would the Council have to change it, and would it change the applicability; would this have to go back to the voters; would the percentage increase for homeless programs increase; does any of this funding go to what is being seen on the streets (direct services); what is the main reason that tax avoidance could be an issue; are there any exemptions in the measure; is it really possible that with this tax, some developers might leave Santa Monica and take their projects somewhere else; is a consumer price index a detriment to this measure; when considered the DocuSign Envelope ID: A54F7DD0-E7EE-46FD-BBED-BC888D28B093

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unevenness, was a carryover fund considered; when looking at Los Angeles’ tax rate, did the report look at all of the underlying tax rates to know for sure that Santa Monica would have the highest rate; if Malibu succeeds, what happens to the dollars received, does it stay with Santa Monica schools only; what is included in the concept of Oversight; is there an audit function for this oversight committee; is it true that only Charter cities can set transfer rates; why do most cities not take advantage of this transfer tax; and, is there language in other cities that is not in our Charter that could help us capture.

Motion by Councilmember Davis, seconded by Councilmember Negrete, to adopt the staff recommendation. 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
Councilmember Brock agreed to write the Argument against for this measure.

TABLED ITEM
710 BROADWAY

5.E. Adoption of Resolution No. 11447 (CCS) entitled “A

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA

MONICA ACCEPTING AND APPROVING THE FINAL PARCEL MAP
FOR TRACT NO. 83099 TO SUBDIVIDE A PROPERTY AT 710
BROADWAY”, was reopened from earlier in the meeting.

Staff responded to questions previously asked of Council, included, but not limited to: are all of the units affordable housing or condominiums; shouldn’t the staff report reflect fully what is being considered, because what staff is presenting is completely different from what is in the staff report; and, why would a developer take advantage of this option to change from rentals to more affordable condos to buy.

Motion by Councilmember Brock, seconded by Councilmember Davis, to approve the recommendation.

DocuSign Envelope ID: A54F7DD0-E7EE-46FD-BBED-BC888D28B093

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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
ORDINANCES:

NON-ELECTRIC

PEDICABS

10.A. Introduction and First Reading of an Ordinance to Amend SMMC Sections 3.12.010 and 3.12.600 to allow non-electric pedicabs on Beach Bike-Path and recodify SMMC Section 3.12.380 prohibiting vehicle driving and parking on sidewalks and parkways, was presented.

Recommended Action
Staff recommends that the City Council Introduce for First Reading an Ordinance to do the following: (1) amend SMMC Section 3.12.010, Traffic Regulations, to define “Beach Bike-Path” and “Beach Promenade”; (2) amend Chapter 3.12.600 to permit pedicab operations on the Beach BikePath; and (3) recodify Section 3.12.380 prohibiting vehicle driving and parking on sidewalks and parkways.

Questions asked and answered of staff included: how are the providers being distributed permits, and how many are going to be issued; how is the number of permits being issued devised, and, can it be a dozen instead.

Motion by Councilmember Negrete, seconded by Councilmember Brock, to introduce and hold first reading of the ordinance reading 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

OCEAN AVENUE

PROJECT

10.B. Second Reading and Adoption of Ordinance No. 2710 (CCS) entitled “AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF

SANTA MONICA APPROVING THE DEVELOPMENT AGREEMENT
NO. 11297 (CCS) BETWEEN THE CITY OF SANTA MONICA, A

MUNICIPAL CORPORATION, AND BELLE VUE PLAZA, A

CALIFORNIA LIMITED PARTNERSHIP, AND OCEAN

AVENUE PARTNERS, LLC, A DELAWARE LIMITED LIABILITY
COMPANY (COLLECTIVELY, “THE DEVELOPER”), was presented.

Recommended Action
Staff recommends that City Council adopt the attached Ordinance.

DocuSign Envelope ID: A54F7DD0-E7EE-46FD-BBED-BC888D28B093

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Motion by Councilmember Davis, seconded by Mayor Himmelrich, to 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
STAFF

ADMINISTRATIVE
ITEMS:

BALLOT MEASURE

11.A. Adoption of Resolution No. 11449 (CC) entitled “A

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA

MONICA SUBMITTING TO THE VOTERS A MEASURE TO AMEND
THE CITY CHARTER TO REMOVE SECTIONS 1011 AND 1012 AND

ALLOW THE CITY COUNCIL TO ESTABLISH AND DEFINE THE

POWERS AND DUTIES OF THE PERSONNEL
BOARD BY ORDINANCE”, was presented.

Recommended Action
Staff recommends that the City Council:

1. Adopt the attached resolution (Attachment A) placing a measure on the November 8, 2022 ballot that would remove Sections 1011 and 1012 from the Santa Monica City Charter to allow the City Council to adopt an ordinance to establish and define the powers and duties of the Personnel Board in the Santa Monica Municipal Code; and

2. If the resolution placing an amendment to remove Sections 1011 and 1012 from the City Charter on the November 8, 2022, ballot (Attachment A) is approved, authorize City Council members to file written arguments for or against the measure and direct the City Attorney to prepare an impartial analysis.

Questions asked and answered of staff included: is there a statutory basis for the concern that Personnel board members expressed that removing this from the Charter will limit their powers and duties; would add wording saying that the powers and duties would remain the same as listed in the Charter, and can that language be changed in the resolution to help alleviate their concerns; what extra rights does this body have as a Charter body, and what rights do they have moving to the Municipal Code; and, is there any reason to have the Council oversee this Chartered body.

Motion by Councilmember Brock, seconded by Mayor Himmelrich, to place the measure on the ballot with an amendment to revert to the original question to expand the residency requirement, but to leave the Personnel Board in the City Charter.

DocuSign Envelope ID: A54F7DD0-E7EE-46FD-BBED-BC888D28B093

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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
Mayor Pro Tem McCowan agreed to write the Argument in Favor of this measure.

BALLOT MEASURE 11.B. Adoption of Resolution No. 11450 (CCS) entitled “A

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA

MONICA SUBMITTING TO THE VOTERS A MEASURE TO AMEND
CHAPTER 6.96 OF THE SANTA MONICA MUNICIPAL CODE TO

ESTABLISH A THIRD TIER TAX RATE OF TWENTY DOLLARS PER

THOUSAND DOLLARS OF CONSIDERATION FOR REAL

PROPERTY VALUE TRANSFERRED IN EXCESS OF EIGHT

MILLION DOLLARS, ACCOMPANIED BY AN ADVISORY

MEASURE ASKING WHETHER POTENTIALLY INCREASED

REVENUES FROM ESTABLISHING A THIRD TIER REAL

PROPERTY TRANSFER TAX SHOULD BE SPENT ON SERVICES TO
ADDRESS HOMELESSNESS, PROTECT SENIORS AND LOWINCOME RESIDENTS FROM HOUSING DISPLACEMENT,

BEHAVIORAL HEALTH SERVICES, PUBLIC SAFETY AND
EMERGENCY RESPONSE SERVICES, LIBRARY SERVICES, AFTERSCHOOL PROGRAMS, AND TRAFFIC SAFETY IMPROVEMENTS

AROUND PUBLIC SCHOOLS, AT THE GENERAL MUNICIPAL
ELECTION TO BE HELD ON TUESDAY NOVEMBER 8, 2022, AND

AUTHORIZING CITY COUNCILMEMBERS TO FILE WRITTEN

ARGUMENTS FOR OR AGAINST THE MEASURES AND

DIRECTING THE CITY ATTORNEY TO PREPARE IMPARTIAL
ANALYSES OF THE MEASURES”, was presented.

Recommended Action
Staff recommends that the City Council:

1. Adopt a resolution to place a transfer tax measure and advisory measure on the November 8, 2022, ballot (Attachment A), which would:
a) Amend Chapter 6.96 of the Santa Monica Municipal Code to establish an additional third tier transfer tax rate of $20 per thousand dollars of consideration or property value
transferred, which would apply solely to the amount of
consideration or value transferred in excess of $8 million, subject to certain exemptions, and be collected in addition to existing transfer tax rates that apply to the entire transfer amount; and
DocuSign Envelope ID: A54F7DD0-E7EE-46FD-BBED-BC888D28B093

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b) Allow voters to express their preference that if the Comprehensive Real Property Transfer Tax Measure is
adopted, should its additional revenue be used for: (a) services to address homelessness, protect seniors and lowincome residents from housing displacement, and behavioral health; (b) public safety and emergency response teams to address safety issues on City streets and in parks; (c) the reopening and staffing of public libraries; (d) after-school programs for public school children; and (e) crossing guards near public schools; and
c) Identify Council Members, if any, who wish to prepare arguments for or against each measure; and
d) Direct the City Attorney to prepare an impartial analysis of each measure.

Questions asked and answered of staff included: comparing measures, how long is the sunset clause on this measure; since this measure does not have an advisory committee, is there anything to stop the Council from creating one; is there a sense that the 10-year sunset clause would put the city in a volatile state, and is there any concern; if we had a 10-year sunset clause, how would the city handle it to keep from going off the cliff; is there a way to extend the sunset without going back to the voters; when figuring the $9 - $21 million, were the exemptions considered; if the Council wanted to terminate this tax, they wouldn’t have to go back to the voter; the Council could take away the sunset clause without going to the voter; is there some time period that would be better than 10 years for a sunset clause; when looking at transfer taxes in other jurisdictions, were there any specific uses of those transfer taxes; how much of the GH and GSH funds went to housing; if there was another city state of emergency, could these funds be used to save the general fund again; and what would be the difference between reinstating the first sale exemption versus keeping the exemption.

Considerable discussion ensued on topics including, but not limited to: this is considered a bridge matter to help city services get past the results of the pandemic, until we get back to regular revenues; comparison between the two transfer taxes, and that they both deserve to be on the ballot for the voters to decide; the sunset clause should be extended, 10-years is so short, or require a supermajority of Council to be able to extend it, without having to go back to the voters; if we are sincere, the first property sale exemption should be reconsidered to reinsert it; need to be cautious about how much to increase the tax; there is a political limit on how much parcel tax space do we want to use on this one tax; put the question to the voters and let them decide; concern that if this measure is increased too much, it will be too similar to the citizen measure; provide emergency need for those most in need who are losing their housing; willing to accept a 10-year sunset clause, with a supermajority in favor or extending the sunset for 5-years, DocuSign Envelope ID: A54F7DD0-E7EE-46FD-BBED-BC888D28B093

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one time; increase $3 to $4; recommend 20 percent of the funds go to homeless services.

Councilmember Negrete proposed an amendment to the recommendation to adjust from $20 per thousand dollars to $30 per thousand dollars and direct the difference will go 100 percent to affordable housing projects, and that the sunset should be increase to 15 or 20 years instead of 10 years.

Motion by Councilmember Brock, to amend the measure by adding a 10- year sunset clause, the city council could approve a 5-year extension, with a Supermajority vote; make the amount $23 per thousand dollars; part of the Advisory measure $7 per thousand of the money to provide housing assistance and increase the POD program for seniors.

Councilmember Davis, seconded the motion, with amendments, at least 30 percent of the proceeds would go to programs to housing assistance and address housing displacement; prior to the expiration of the sunset clause, the Council can vote by a supermajority to extend the sunset by 5-years, one time only; proposed $25 per thousand dollars instead of $23 per thousand. The amendments were accepted as friendly by the maker.

Councilmember Davis, proposed a friendly amendment to reinstate the first property sale exemption after construction. The amendment was not accepted as friendly by the maker.

Councilmember de la Torre, proposed a friendly amendment on the Advisory to add something that addresses the achievement gaps through afterschool programs and youth centers. The motion was not considered friendly by the maker.

The motion, with amendments was approved by the following vote:

AYES: Councilmembers de la Torre, Brock, Negrete, Davis, Parra, Mayor Pro Tem McCowan
NOES: Mayor Himmelrich
ABSENT: None
Mayor Himmelrich voted no because she believes the Council is forgoing an opportunity to make a really big difference in this city and in the lives of those people who are overburdened in housing, and that we are turning our backs on those in need. We continue to turn our backs on the connection between homeless and supportive housing and permanent supportive housing. Ultimately, this was an opportunity for the Council to support a measure that would have done all those things, and instead we are forgoing a housing measure that 10,000 people in this city have voted to move forward in favor of a slush fund for the City Council to hang ornaments on DocuSign Envelope ID: A54F7DD0-E7EE-46FD-BBED-BC888D28B093

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Packet Pg. 154 Minutes Acceptance: Minutes of Jul 26, 2022 5:30 PM (CONSENT CALENDAR) 14 July 26, 2022
its special little City Council tree.

Motion by Councilmember Davis, seconded by Mayor Pro Tem McCowan, to incorporate into the ballot initiative to reinstate the exemption for the first transfer after construction, as it was set forth at the July 12th meeting.

The motion did not pass by the following vote:

AYES: Councilmembers Davis, Brock, Mayor Pro Tem McCowan NOES: Councilmembers Parra, Negrete, de la Torre,
Mayor Himmelrich
ABSENT: None
Councilmember Brock agreed to write the Argument in Favor of this measure.

CONTINUE MEETING In accordance with council rules, the Mayor posed the question if Council would like to continue past midnight and hear the remainder of the items.

The motion was unanimously approved by voice vote, with all members present.

BALLOT MEASURE 11.C. Ballot measure for business license tax on the sale, distribution, delivery, and consumption of cannabis, was presented.

Recommended Action
Council could either direct staff to develop a cannabis study program that includes research to support the preparation of a comprehensive ordinance governing nonmedicinal commercial cannabis activity, a community outreach component, and a proposal to place a measure for a cannabis business license tax on the November 2024 general election ballot or adopt a resolution to place a cannabis business license tax measure on the November 2022 general election ballot.

Questions asked and answered of staff included: do we know how many of our residence buy or use cannabis, and where do they buy it; there’s nothing from establishing regulations regarding cannabis, and then put the tax on the ballot in 2024; what is the cost for administration for the tax; and, what is the connection between taxation and a safe product.

Councilmember Brock, proposed alternative ballot wording: “Shall the measure to establish a business tax on every licensed cannabis business (including adult-use nonmedicinal cannabis retailers, distribution, manufacturing, cultivation, laboratory testing, or any other licensed cannabis business) and retailers of products containing psychoactive cannabinoids, including cannabinoids derived from industrial hemp, up to 10% of gross receipts on cannabis and/or hemp-derived psychoactive products sold in the City, which all together could generate an estimated DocuSign Envelope ID: A54F7DD0-E7EE-46FD-BBED-BC888D28B093

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Packet Pg. 155 Minutes Acceptance: Minutes of Jul 26, 2022 5:30 PM (CONSENT CALENDAR) 15 July 26, 2022
$3–5 million annually until repealed, be adopted?
Motion by Councilmember Brock, seconded by Councilmember Negrete, to adopt Resolution No. 11451 (CCS), as amended. The motion was approved by the following vote:

AYES: Councilmembers Parra, Negrete, Brock, de la Torre, Mayor Pro Tem McCowan, Mayor Himmelrich
NOES: Councilmember Davis
ABSENT: None
Councilmember Davis voted no because adding another tax runs the risk of harming the other taxes.

Councilmember de la Torre agreed to write the Argument in favor for this measure.

RENT CONTROL

BALLOT MEASURE

11.D. Adoption of a Resolution entitled “A RESOLUTION OF THE

CITY COUNCIL OF THE CITY OF SANTA MONICA SUBMITTING

TO THE VOTERS A MEASURE TO AMEND ARTICLE XVIII OF THE

CITY CHARTER TO REVISE REQUIREMENTS FOR OWNERS TO

EVICT TENANTS FOR OWNER-OCCUPANCY, REVISE ELECTION

PROCEDURES, AND LOWER THE CAP ON THE ANNUAL

GENERAL ADJUSTMENT AT THE GENERAL MUNICIPAL
ELECTION TO BE HELD ON TUESDAY NOVEMBER 8, 2022, AND

AUTHORIZING CITY COUNCILMEMBERS TO FILE WRITTEN

ARGUMENTS FOR OR AGAINST THE MEASURE AND DIRECTING

THE CITY ATTORNEY TO PREPARE AN IMPARTIAL ANALYSIS
OF THE MEASURE” and a Resolution entitled (CCS) entitled “A

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA

MONICA SUBMITTING TO THE VOTERS A MEASURE TO

PROVIDE THE RENT CONTROL BOARD WITH AUTHORITY TO
DISALLOW OR, ALTERNATIVELY, MODIFY OTHERWISEALLOWED ANNUAL GENERAL ADJUSTMENTS TO RENT

CEILINGS DURING A STATE OF EMERGENCY DECLARED BY

THE PRESIDENT OF THE UNITED STATES OR THE GOVERNOR,

OR UPON THE DECLARATION OF A LOCAL EMERGENCY BY THE

CITY COUNCIL OR DIRECTOR OF EMERGENCY SERVICES,
WHILE MAINTAINING THE LANDLORD’S ABILITY TO PETITION

FOR AN UPWARD RENT ADJUSTMENT, AT THE GENERAL
MUNICIPAL ELECTION TO BE HELD ON TUESDAY NOVEMBER 8,
2022, AND AUTHORIZING CITY COUNCILMEMBERS TO FILE

WRITTEN ARGUMENTS FOR OR AGAINST THE MEASURE AND

DIRECTING THE CITY ATTORNEY TO PREPARE AN IMPARTIAL
ANALYSIS OF THE MEASURE”, was presented.

DocuSign Envelope ID: A54F7DD0-E7EE-46FD-BBED-BC888D28B093

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Packet Pg. 156 Minutes Acceptance: Minutes of Jul 26, 2022 5:30 PM (CONSENT CALENDAR) 16 July 26, 2022
Recommended Actions

1. Per City Council direction on July 12, 2022, adopt the attached resolution (Attachment A) placing a measure on the November 8, 2022, ballot that would amend Article XVIII of the City Charter reduce the Annual General Adjustment from 6% to 3%, effective January 1, 2023 to be placed on the November ballot; and

2. Per Council direction on July 12, 2022, adopt the attached resolution (Attachment B) placing a measure on the November 8, 2022, ballot that would amend Article XVIII of the City Charter to authorize the Rent Control Board to freeze or modify otherwise-allowed annual general adjustments to rent ceilings during a declared state of emergency by the President of the United States, the Governor, or upon a declaration of a local emergency by the City Council or Director of Emergency Services, while maintaining the landlord’s ability to petition for an upward rent adjustment; and

3. Authorize City Councilmembers to file written arguments for or against and direct the City Attorney to prepare an impartial analysis for each measure.

Questions asked and answered of staff included: clarification that March 1 renters would pay 0%, then in September it would increase to 3%; are there additional funds available to those who demonstrate a need for assistance; how many people are considered rent-burdened; what if the small landlords are the ones who end up getting stuck receiving zero increase for the next four years, this may be the thing that pushes them to sell and get out of the rental market; how do we make sure those who need the relief, will receive it; has Rent Control thought about having a Study session with Council, and if so, what would that study session look like; and, what are the unattended consequences of offering landlords zero increase.

Considerable discussion ensued on topics including, but not limited to:
bringing a new concept on Rent Control at the last minute, without any public comment or public input is not the appropriate way to make laws; we need to be responsible and just approve the rental cap; it’s irresponsible to create a new method of rent control just on the fly, without any public input from the stakeholder; and, drop the no increase from four-years to one-year, with a 3 percent increase for everybody else.

Motion by Councilmember Negrete, seconded by Councilmember de la Torre, to propose an amendment to place on the ballot instead of the recommendation #1 with a proposed Tenant Income Inequality Relief Plan to include the following key points:
• The annual general adjustment will be ZERO for units with rents at or below the citywide median Maximum Allowable Rent (MAR) for 2021
o MAR reported by the Santa Monica Rent Control Board for each of DocuSign Envelope ID: A54F7DD0-E7EE-46FD-BBED-BC888D28B093

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the four unit-size classifications.
• This methodology would ELIMINATE ALL INCREASES for
units with rents below the following:
o Zero-bedroom units with MAR’s at or below $1,528
o One-bedroom units with MAR’s at or below $1,995
o Two-bedroom units with MAR’s at or below $2,500
o Three-bedroom units with MAR’s at or below $2,791
• For controlled rental units above the MAR, the current Annual General Adjustment methodology would remain in effect.
• This charter amendment will sunset four (4) years after the date of enactment. Upon expiration, the annual general adjustment methodology will revert to the current methodology.
• The TIIRP is an equity-based methodology that prioritizes protection for those arguably most in need while continuing to protect others based on the existing city charter
• This plan allows Santa Monica to take a national lead in addressing the serious issue of growing inequality
• The City’s Rent Control methodology has failed to help mitigate the impact of the growing inequality that has developed since rent control was introduced in 1979.
• TIIRP relies on housing providers to supply financial resources in the form of reduced increases and to administer the program through their own rent increase submission to the Rent Control Board
• TIIRP DOES NOT ADD either additional cost or administrative overhead to the city
• Under the TIIRP formula, housing providers sacrifice ALL annual increases for the bottom tier 50% of the city’s rental units o 50% (13,741) of our controlled units will not be subject to an annual rent increase
o These units have the lowest rent which is related to the longest term residents least able to afford changes in costs
o Housing providers would net roughly 2/3rds of what a 3% increase would generate under the current methodology and the same as what a 2% increase would generate
• TIIRP protects roughly 4,156 (43%) more units/households than the even the 9,585-household number that has been claimed as rent burdened.
• Almost all of the top 50% of controlled units have been leased since 2016 at market rates
o Units were leased under standard income qualification criteria of 3x monthly lease costs
o Cap of $140 equates to $4.60 per day which is not a significant issue at these levels
• The Sunset provision is intended to provide Council and Rent Board flexibility:

DocuSign Envelope ID: A54F7DD0-E7EE-46FD-BBED-BC888D28B093

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o Provide a financial bridge to cross the currently evolving economic uncertainty of the next several years.
o Provides a period of time to develop a thoughtful and robust and up to date rent control policy that permanently address the inequality trends in our community
Councilmember Brock proposed a friendly amendment to eliminate all increases be moved to one year and that the ceiling increase of $140 be dropped to $70.

Mayor Himmelrich made an amendment to roll back the general adjustment which would be capped at 3% instead of 6% and put it on the ballot to become active January 1st, then drop down to 0% in March, then in September the base increase would be 3% thereby balancing out the increase to 3% and provide assistance for those who can’t afford the increase or are having a difficult time paying the increase.

Motion by Councilmember Davis, seconded by Councilmember Brock, to continue this item to a Special meeting on Friday, August 5, 2022. The motion was unanimously approved by voice vote, with all members present.

COUNCILMEMBER
DISCUSSION ITEMS:

LEAGUE OF

CALIFORNIA CITIES

ANNUAL CONFERENCE

AND BUSINESS

MEETING

16.A. Designation of voting delegate and alternate(s) for the League of California Cities Annual Conference and Business Meeting, to be held September 7 - 9, 2022, in Long Beach, California, was presented.

Appointed Councilmember Brock as the voting member and Councilmember de la Torre as the alternate member.

CIVILITY CODE 16.B. Request of Mayor Himmelrich and Councilmembers Davis and de la Torre that the City Council adopt and promote the attached statement against hate and direct the City Manager and City Clerk to incorporate its language into the City’s Code of Ethics and the City Council’s Code of Civility for public meetings, was presented.

Motion by Mayor Himmelrich, seconded by Councilmember Negrete, to adopt the staff recommendation, and make this a citywide PR effort. The motion was approved by the following vote:

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

SANTA MONICA SISTER
CITIES

16.C. Request of Mayor Pro Tem McCowan that the City Council allocate up to $3,500 of their Discretionary Funds to the Santa Monica DocuSign Envelope ID: A54F7DD0-E7EE-46FD-BBED-BC888D28B093

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Sister Cities Association in support of travel to Brighton, England for the official signing of a Friendship City agreement with the City of Santa Monica, was presented.

Motion by Councilmember de la Torre, seconded by Councilmember Negrete, to adopt the staff recommendation. 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
CHARTER AMENDMENT 16.D. Request of Councilmembers de la Torre and Brock that the Council consider placing the attached proposed charter amendment, to encourage the payment of living wages, encourage the production of housing that is consistent with the proportion of affordable housing mandated by the Regional Housing Needs Assessment, and discourage irresponsible overdevelopment, on the November 2022 ballot for consideration by the voters, withdrawn at request of the proponents.

ADJOURNMENT On order of the Mayor, the City Council meeting adjourned at 4:10 a.m.

ATTEST: APPROVED:

Denise Anderson-Warren Sue Himmelrich
City Clerk Mayor
DocuSign Envelope ID: A54F7DD0-E7EE-46FD-BBED-BC888D28B093

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CITY OF SANTA MONICA

CITY COUNCIL MINUTES
AUGUST 3, 2022
A special meeting of the Santa Monica City Council was called to order by Mayor Himmelrich at 6:00 p.m., on Wednesday, August 3, 2022, via teleconference pursuant to Assembly Bill No. 361 signed by, Governor Gavin Newsom at https://primetime.bluejeans.com/a2m/live-event/wxedpjbw.

Roll Call: Present: Mayor Sue Himmelrich
Mayor Pro Tem Kristin McCowan
Councilmember Phil Brock
Councilmember Gleam Davis
Councilmember Lana Negrete
Councilmember Oscar de la Torre (arrived at 6:28 p.m.)
Councilmember Christine Parra
Also Present: City Manager David White
City Attorney Douglas Sloan
City Clerk Denise Anderson-Warren
CONVENE On order of the Mayor, the City Council convened at 6:00 p.m., with all members present except Councilmember de la Torre.

PUBLIC INPUT FOR
CLOSED SESSION:

There was no public comment on closed session items.

CLOSED SESSIONS On order of the Mayor, the City Council recessed at 6:03 p.m., to consider closed sessions and returned at 6:30 p.m., with all members present, except Councilmember Brock to report the following:

3.A. Conference with Labor Negotiator: Government Code Section 54957.6 -- Agency Designated Representatives: City Manager David White and Chief People Officer Lori Gentles; Bargaining Units: ATAAdministrative 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; PALSSU-Public 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; STASupervisory Team Associates; Coalition of Santa Monica City DocuSign Envelope ID: B4838F2A-E16D-4378-9261-D80CCD673777

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Packet Pg. 161 Minutes Acceptance: Minutes of Aug 3, 2022 6:00 PM (CONSENT CALENDAR) 2 August 3, 2022
Councilmember de la Torre
arrived at 6:28 p.m.

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

STAFF

ADMINISTRATIVE
ITEMS:

BALLOT MEASURES
Councilmember Brock
returned at 6:31 p.m.

11.A. Adoption of Resolution Nos. 11452 (CCS) and 11453 (CCS) for Proposed Ballot Measures on the November 8, 2022 Election Amending Articles XVIII of the City Charter, was presented.

Recommended Actions

1. Per Rent Control Board direction, adopt the attached resolution (Attachment A) placing a measure on the November 8, 2022, ballot that would amend Article XVIII of the City Charter to revise requirements for owners to evict tenants for owner-occupancy; revise election procedures; and reduce the Annual General Adjustment, while maintaining the landlord’s ability to petition for an individual rent adjustment; and

2. Per Council direction, adopt the attached resolution (Attachment B) placing a measure on the November 8, 2022, ballot that would amend Article XVIII of the City Charter to authorize the Rent Control Board to freeze or modify otherwise-allowed annual general adjustments to rent ceilings during a declared state of emergency by the President of the United States, the Governor, the County of Los Angeles or upon a declaration of a local emergency by the City Council or Director of Emergency Services, while maintaining the landlord’s ability to petition for an individual rent adjustment; and

3. Authorize City Councilmembers to file written arguments for or against and direct the City Attorney to prepare an impartial analysis for each measure.

Members of the public Wendy Bryan, Abby Arnold, Theresa Marasco, Danielle Peretz, Ann Thanawalla, Michelle Gray, John Alle, Denny Zane, Christina Navarro, Jason Mathbaum, Richard Moore, Elizabeth Lerer, Sonia Sultan, Willow Evans, Carolyn Torosis, Michael Soloff, Phyllis Dudick, Bill Davids, and Denise McGranahan commented on the recommended action.

Questions asked and answered of staff included: what is the recommendation from staff; is there a trade-off between Administrative considerations for February 1st versus March 1st; what about the Rent registration fee that is passed through to tenants; explain the difference in the options being considered; explain the sunset clause, and shouldn’t it be considered when there is an election; is the idea of sunsetting so that we can come back with more conversation about Rent Control; with regard to the sunset clause, does there need to be a sunset clause in order to have a Study Session about Rent Control; regarding the registration fees, is it true DocuSign Envelope ID: B4838F2A-E16D-4378-9261-D80CCD673777

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Packet Pg. 162 Minutes Acceptance: Minutes of Aug 3, 2022 6:00 PM (CONSENT CALENDAR) 3 August 3, 2022
that it is because the Rent Control Board is self-sufficient, and if the registration fees are not increased, won’t that impact the Rent Control’s budget; is it right that all the Council can do is recommend the Rent Control Board limit or decrease the registration fees; is it correct that the fees increased this year, and what was the pass-through amount; is it possible to expand who the waiver goes to; is there no way to decrease the 14% increase this year, and reduce the pass-through amount; is this proposal going to incur more cost for the Rent Control Board’s cost; if the cost of Rent Control’s budget exceeds the amount paid by fees, how does the agency make up the difference; have the rates for city utilities gone up, and is there a way to roll back those increases; the fee that is charged to landlords to make sure they get a fair amount of return, is that a deposit, that is returned to them; when do the tenants have to pay the adjustment; does anyone backfill for the landlord if there is a hardship; can the full increase go past the cap; is the amount based on the total return from the building, not just the unit; how many appeals have there been from landlords in the past year; is the process for landlords to file an appeal onerous, or are the landlords doing well; how are mortgage cost incurred into the increased fees; are the landlords expected to keep their expenses for the property back to 1978, or does the Rent Control Board keep track of those expenses and income; why is a sunset clause not acceptable; is there some way to accommodate people who did the right thing and didn’t increase rents during the pandemic; is the sunset long enough, or should it be longer to give enough time to do a full dive into the conversation about increases; if nothing is done, after the sunset, does it revert back to the current formula, with $140 cap; if this doesn’t get done in time for the 2024 ballot, should the sunset clause be longer to secure the fee and give more time to have discussions about the entire Rent Control system; if Rent Control is based on 75% of the Consumer Price Index (CPI), why would we assume that there is going to be a 6% increase, since it is going to be two years from now; what part does the City Council play in making suggestions and changes to the Rent Control Board, and how do we hold staff accountability if we can’t give direction; and, if a 3% cap, how hard would it be for the Rent Control Board to change it and go higher.

Considerable discussion ensued on topics including, but not limited to: it’s a good idea in 2023 to have discussions about Rent Control to allow plenty of time to have the discussions; make sure that on Option 3, that it’s not just the tenants fees that aren’t being increased, but the landlords as well; there needs to be a way to give balance to also help landlords as well as tenants; the sunset clause is only to get the conversation started; this is an opportunity to make Rent Control better by taking the next two years to look outside the box and find ways to improve Rent Control; if a sunset clause is truly needed; there should be at least one community meeting, and a minimum of one meeting between the City Council and the Rent Control Board to address the rent control fees; supporting the sunset clause forces DocuSign Envelope ID: B4838F2A-E16D-4378-9261-D80CCD673777

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Packet Pg. 163 Minutes Acceptance: Minutes of Aug 3, 2022 6:00 PM (CONSENT CALENDAR) 4 August 3, 2022
staff and all those involved to have a full conversation about Rent Control, and it allows enough time to be able to place something on the November 2024 ballot; how to ensure renters stability over the long-term; a sunset clause does not preclude future Councils from making the changes and modifications, and could possibly create the same stress that is happening now; there’s not an incentive to have the conversation, if there’s not a sunset clause; and, supporting the sunset because there has been direction given to staff previously that hasn’t been fulfilled, so there is concern that this matter may not be addressed in a timely manner.

Motion by Councilmember Davis, seconded by Mayor Pro Tem McCowan, to adopt the staff recommendations, with the following changes: 1) Adopt Option 2, as set forth in the staff report, which adjust the timing of the general adjustment cap to February 1, 2023; and, 2) allow a provision that those landlords who did not take advantage of the opportunity to raise rents to the full 6 percent, but raised them to 3 percent or less, that they be allowed to do a calculation that allows them a 3 percent or less over the course of the year.

Substitute motion by Councilmember de la Torre, to approve the assessment proposed in the alternate plan, which would give a 0% rent increase to those renters that are below the median bar, and for those above the median bar a 4% increase for 2-years, with a $93/cap, with non-profits, Section 8 tenants, Home Purchase Plan (HPP) units or those who receive subsidized rent from the city, should be exempt. The motion failed to get a second.

Substitute motion by Councilmember Brock, seconded by Councilmember Parra, to amendment to the main motion, to include Option 1, the sunset clause. The substitute motion was withdrawn by the maker.

The main motion, as amended 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 Brock, seconded by Councilmember de la Torre, to direct staff in mid-2023, to have a robust discussion amongst all interested stakeholders and parties as to any Rent Control reforms that should be undertaken. That should include the Rent Control board, all stakeholders, including all residents of all rent levels. The results of that might be added to a ballot measure 2024. Staff should poll all Councilmembers to get feedback on expectations on what they would like to have addressed as part of the robust discussion.

DocuSign Envelope ID: B4838F2A-E16D-4378-9261-D80CCD673777

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Packet Pg. 164 Minutes Acceptance: Minutes of Aug 3, 2022 6:00 PM (CONSENT CALENDAR) 5 August 3, 2022
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
Direction was given to staff to identify funds that can be used to give relief to rent-burdened tenants beginning September 1st when the 6 percent general adjustment kicks in, and that a program be initiated expeditiously, as September 1st is approaching quickly; and that they identify funds, come up with a program, and begin to disburse funds at the earliest possible moments.

Also encourage all tenants who may need assistance to contact the city as soon as possible.

Mayor Himmelrich agreed to write the argument in Favor of on all measures, with Councilmember de la Torre.

ADJOURNMENT On order of the Mayor, the City Council meeting adjourned at 9:33p.m. in memory of Marissa Rubin, Christal Anderson and Vin Scully.

ATTEST: APPROVED:

Denise Anderson-Warren Sue Himmelrich
City Clerk Mayor
DocuSign Envelope ID: B4838F2A-E16D-4378-9261-D80CCD673777

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Packet Pg. 165 Minutes Acceptance: Minutes of Aug 3, 2022 6:00 PM (CONSENT CALENDAR) City Council
Report
City Council Meeting: October 11, 2022
Agenda Item: 10.A
1 of 2
To: Mayor and City Council
From: Douglas Sloan, City Attorney, City Attorney's Office, Administration Subject: Second reading and adoption of an Ordinance amending the Santa Monica Municipal Code by adding chapter 8.38 entitled Zero Emission Building Code and amend Santa Monica Municipal Code section 8.08.040 to allow the Building and Fire Life Safety Commission to hear appeals related to the Zero Emission Building Code
Recommended Action
Staff recommends that the City Council adopt the attached Ordinance.

Executive Summary
At its meeting on September 27, 2022, the City Council introduced for first reading an Ordinance amending the Santa Monica Municipal Code by adding chapter 8.38 entitled, Zero Emission Building Code and amend Santa Monica Municipal Code section

8.08.040 to allow the Building and Fire Life Safety Commission to hear appeals related to the Zero Emission Building Code. The ordinance is now presented to the City Council for adoption.

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

10.A
Packet Pg. 166
2 of 2
Attachments:

A. PW-ORD-Zero Emissions Building Ordinance

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Packet Pg. 167
1 City Council Meeting: September 27, 2022 Santa Monica, California ORDINANCE NUMBER_______ (CCS)
(City Council Series)

AN ORDINANCE OF THE COUNCIL OF THE CITY OF SANTA MONICA AMENDING THE SANTA MONICA MUNICIPAL CODE BY ADDING CHAPTER 8.38 ENTITLED, “ZERO EMISSION BUILDING CODE” AND AMEND SECTION 8.08.040(a) TO ALLOW

THE BUILDING AND FIRE LIFE SAFETY COMMISSION TO HEAR APPEALS RELATED TO THE ZERO EMISSION BUILDING CODE.

WHEREAS, Scientific evidence has established that natural gas combustion, procurement and transportation produce significant greenhouse gas emissions that contribute to global warming and climate change; and
WHEREAS, This Chapter is also reasonably necessary because of health and safety concerns as City residents suffer from asthma and other health conditions associated with poor indoor and outdoor air quality exacerbated by the combustion of natural gas; and
WHEREAS, As a coastal city, Santa Monica is vulnerable to sea level rise. Human activities releasing greenhouse gases into the atmosphere cause increases in worldwide average temperature, which contribute to melting of glaciers and thermal expansion of ocean water, resulting in rising sea levels; and
WHEREAS, consistent with the City’s Climate Action & Adaptation Plan, this chapter establishes requirements for carbon-neutral construction codes, which will reduce demands for local energy and resources, reduce regional pollution, and promote a lower contribution to greenhouse gases; and

10.A.a
Packet Pg. 168 Attachment: PW-ORD-Zero Emissions Building Ordinance (5407 : Zero Emission Building Ord - Second Reading) 2 WHEREAS, using electric heating and cooling infrastructure in new buildings fueled by less greenhouse gas intensive electricity is linked to significantly lower greenhouse gas emissions and is cost competitive because of the cost savings associated with all-electric designs that avoid new gas infrastructure; and WHEREAS, All-electric building design benefits the health, welfare, and resiliency of Santa Monica and its residents; and
WHEREAS, The most cost-effective time to integrate electrical infrastructure is in the design phase of a building project because building systems and spaces can be designed to optimize the performance of electrical systems and the project can take full advantage of avoided costs and space requirements from the elimination of natural gas piping and venting for combustion air safety; and
WHEREAS, It is the intent of the City Council to eliminate natural gas emissions in new buildings where all electric infrastructure can be most practicably integrated, thereby reducing the environmental and health hazards produced by the consumption and transportation of natural gas; and
WHEREAS, cost effectiveness studies prepared by the California Statewide Investor-Owned Utilities Codes and Standards Program in conjunction with consultants and cities (collectively known as the “Reach Code Team”), demonstrate that all-electric homes are cost-effective and do not result in buildings consuming more energy than is permitted by the 2022 California Energy Code; and
WHEREAS, the content and details of this ordinance were the subject of 4 public stakeholder workshops conducted on June 8, June 16, July 6, and July 7, 2022, at which

10.A.a
Packet Pg. 169 Attachment: PW-ORD-Zero Emissions Building Ordinance (5407 : Zero Emission Building Ord - Second Reading) 3 attendees included architects, energy modelers, designers, builders, developers, and residents; and

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

SECTION 1. Santa Monica Municipal Code Chapter 8.38 is hereby added to read as follows:

Chapter 8.38 Zero Emission Building Code

8.38.010 Applicability.
(a) Except as provided by paragraph (b), below, the requirements of this Chapter shall apply to all Newly Constructed Buildings as provided in Section 8.38.030 for which a building permit for construction is issued on or after January 1, 2023. (b) The requirements of this Chapter shall not apply to:
(1) Newly Constructed Buildings for which a complete building permit application is submitted on or before December 31, 2022;
(2) Junior Accessory Dwelling Units;
(3) Accessory Dwelling Units that are attached to an existing primary residential unit that has natural gas infrastructure;
(4) City-Designated Historic Resources demolished in the course of rehabilitation, if compliance with the requirements of this Chapter would require removal of more original finishes or features than proposed in the scope of the rehabilitation; and
(5) The use of portable propane appliances for outdoor cooking and heating.

10.A.a
Packet Pg. 170 Attachment: PW-ORD-Zero Emissions Building Ordinance (5407 : Zero Emission Building Ord - Second Reading) 4 (c) This Chapter neither amends the California Energy Code as adopted by Section

8.38.010 of this Code, nor requires the use or installation of any specific appliance or system as a condition of approval.

8.38.020 Definitions.

For purposes of this Chapter, the following words or phrases shall have the following meanings:
(a) “Accessory Dwelling Unit” means an accessory dwelling unit as defined in Santa Monica Municipal Code Section 9.52.020.0095.
(b) “Applicant” means any person, firm, partnership, association, joint venture, corporation, or any other entity or combination of entities, or state or local government agency applying for a permit for a newly constructed building. (c) “Energy Code” means the most current version of the California Energy Code published by the California Building Standards Commission as adopted by reference pursuant to Chapter 8.36 and any local amendments thereto. (d) “City-Designated Historic Resource” means a city-designated historic resource as defined by Santa Monica Municipal Code Section 9.52.020.0500. (e) “Greenhouse gas emissions” means gases that trap heat in the atmosphere. (f) “Junior Accessory Dwelling Unit” means a junior accessory dwelling unit as defined in Santa Monica Municipal Code Section 9.52.020.1155.
(g) “Mechanical Code” means the California Mechanical Code published by the California Building Standards Commission as adopted by reference to Chapter

22.04 and any local amendments thereto.

10.A.a
Packet Pg. 171 Attachment: PW-ORD-Zero Emissions Building Ordinance (5407 : Zero Emission Building Ord - Second Reading) 5 (h) “Natural gas” has the same meaning as "Fuel Gas" as defined in the Plumbing Code and in the Mechanical Code.
(i) “Fuel Gas infrastructure” means natural gas or fuel gas piping, other than service pipe, in or in connection with a building or within the property lines of a parcel, extending from the point of delivery at the gas meter as specified in the Plumbing Code or in the Mechanical Code.
(j) “Newly-constructed building” means a new structure that has never before been used or occupied for any purpose or removal and replacement of an existing structure, or repair, alteration, modification, addition to, or rehabilitation of an existing structure, where a demolition will occur, as defined Santa Monica Municipal Code Section 9.25.030 (A.1) or (A.2).
(k) “Permitting authority” means the Building Official or a city employee exercising authority delegated by the Building Official.
(l) “Plumbing Code” means the California Plumbing Code published by the California Building Standards Commission as adopted by reference to Chapter 8.32 and any local amendments thereto.

8.38.030 Prohibited Fuel Gas Infrastructure in Newly Constructed Buildings. (a) Fuel Gas Infrastructure is prohibited in Newly Constructed Buildings. (b) Notwithstanding Subsection (a), the Permitting Authority may authorize Fuel Gas Infrastructure in a Newly Constructed Building if the Applicant establishes that it is not physically feasible to construct the building without Fuel Gas Infrastructure. For purposes of this exception, it is physically feasible to construct the building without Fuel Gas Infrastructure if an all-electric prescriptive compliance approach is

10.A.a
Packet Pg. 172 Attachment: PW-ORD-Zero Emissions Building Ordinance (5407 : Zero Emission Building Ord - Second Reading) 6 available for the building under the Energy Code or the building is able to achieve the performance compliance standards under the Energy Code using commercially available technology and an approved calculation method. (c) When Fuel Gas Infrastructure is permitted for a Newly Constructed Building pursuant to subsection (b), it may be extended to any system, device, or appliance within a building for which an equivalent all-electric system or design is not available. Further, Newly Constructed Buildings with Fuel Gas Infrastructure must also have sufficient electric capacity, wiring, and conduit to facilitate future full building electrification.
(d) The requirements of this Section shall be deemed objective planning standards under Government Code Section 65913.4 and objective development standards under Government Code Section 65589.5.
(e) Authorization of Fuel Gas Infrastructure in a Newly Constructed Building may occur on a case-by cases basis by the Permitting Authority where compliance is not feasible based on the utility being unable to supply adequate power.

8.38.040 Public Interest Exemption.
(a) Notwithstanding the requirements of Section 8.38.030(a), minimally necessary and specifically tailored Natural Gas Infrastructure may be allowed in a Newly Constructed Building if the Permitting Authority finds that the use of specifically tailored Fuel Gas Infrastructure serves the public interest. In determining whether the construction of Natural Gas Infrastructure is in the public interest, the Permitting Authority may consider:

10.A.a
Packet Pg. 173 Attachment: PW-ORD-Zero Emissions Building Ordinance (5407 : Zero Emission Building Ord - Second Reading) 7 (1) The availability of alternative technologies or systems that do not use natural gas; and
(2) Any other impacts that the decision to allow Fuel Gas Infrastructure may have on the health, safety, or welfare of the public.
(b) If the installation of Fuel Gas Infrastructure is granted under a public interest exemption, the Newly Constructed Buildings shall nonetheless be required at the minimum to have sufficient electric capacity, wiring and conduit to facilitate future full building electrification.
(c) For purposes of this Section, provision of Fuel Gas Infrastructure for cooking appliances in commercial kitchens in restaurants and institutional cooking facilities shall be deemed to be in the public interest provided that the infrastructure is limited to the capacity necessary to operate the appliances as designed. Further, commercial kitchens in restaurants and institutional cooking facilities with Fuel Gas Infrastructure must also have sufficient electric capacity, wiring, and conduit to facilitate future full building electrification.
(d) For purposes of this Section, provision of Fuel Gas Infrastructure for medical uses, laboratory equipment or clean-rooms in buildings designed for scientific or medical uses shall be deemed to be in the public interest provided that the infrastructure is limited to the capacity necessary for designated medical, laboratory or clean-room areas.

10.A.a
Packet Pg. 174 Attachment: PW-ORD-Zero Emissions Building Ordinance (5407 : Zero Emission Building Ord - Second Reading) 8 8.38.050 Appeal of Permitting Authority Decisions.

Decisions of the Permitting Authority under this Chapter may be appealed to the Building and Fire Life Safety Commission under this section, pursuant to the provisions of Santa Monica Municipal Code 8.08.040.

8.38.060 Periodic Review of Ordinance.

Public Works shall review the requirements of this Ordinance every 36 months for ongoing consistency with the California Energy Code and the Energy Commission’s triennial code adoption cycle and make a report and recommendation to the City Manager.

SECTION 2. Santa Monica Municipal Code Section 8.08.040(a) is hereby amended as follows:

8.08.040 Board of Appeal.
(a) General. Pursuant to this Chapter, Section 1002 of the Santa Monica City Charter, the California Building Standards Code, the Building and Fire Life Safety Commission is hereby created as the Board of Appeal. The Building and Fire Life Safety Commission shall also serve as the appellate body for appeals of the determinations of the permitting authority under Chapter 8.38.

Members of the Commission shall be appointed by the City Council to serve a term of four years unless removed for cause. No Commission member shall hold any paid office with the City.

The Commission shall adopt reasonable rules and regulations for conducting investigations and business and shall render all decisions and findings in writing to the

10.A.a
Packet Pg. 175 Attachment: PW-ORD-Zero Emissions Building Ordinance (5407 : Zero Emission Building Ord - Second Reading) 9 responsible official and appellants. Said Commission may also recommend to the appointing authority such new legislation as is consistent therewith.

The Building Officer and/or Fire Marshal or designee shall be an ex-officio member of the Commission and shall act as secretary.

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 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 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 the Ordinance. The City Clerk shall cause the same to be published once in the official newspaper within 15 days after its adoption. Following its adoption, this Ordinance shall be submitted to the California Building Standards Commission for filing. This Ordinance shall become effective 30 days after submission to the California Building Standards

10.A.a
Packet Pg. 176 Attachment: PW-ORD-Zero Emissions Building Ordinance (5407 : Zero Emission Building Ord - Second Reading) 10 Commission. Building permit applications submitted on or after the effective date of this Ordinance shall be required to comply with the requirements set forth herein.

APPROVED AS TO FORM:
________________________
Douglas Sloan, City Attorney

10.A.a
Packet Pg. 177 Attachment: PW-ORD-Zero Emissions Building Ordinance (5407 : Zero Emission Building Ord - Second Reading) City Council
Report
City Council Meeting: October 11, 2022
Agenda Item: 10.B
1 of 1
To: Mayor and City Council
From: Douglas Sloan, City Attorney, City Attorney's Office, Administration Subject: Second reading and adoption of an Ordinance adopting local amendments to the 2022 California Green Buildings Standards Code to support increased access to electric vehicle charging
Recommended Action
Staff recommends that the City Council adopt the attached Ordinance.

Executive Summary
At its meeting on September 27, 2022, the City Council introduced for first reading an Ordinance adopting local amendments to the 2022 California Green Buildings Standards Code to support increased access to electric vehicle charging. The ordinance is now presented to the City Council for adoption.

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

A. PW-ORD-EV Reach Code

10.B
Packet Pg. 178
1 City Council Meeting: September 27, 2022 Santa Monica, California ORDINANCE NUMBER_______ (CCS)
(City Council Series)

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA

AMENDING ARTICLE VIII OF THE SANTA MONICA MUNICIPAL CODE TO ADOPT LOCAL AMENDMENTS TO THE 2022 CALIFORNIA GREEN BUILDING

STANDARDS CODE RELATING TO ELECTRIC VEHICLE PARKING

REQUIREMENTS FOR NEWLY CONSTRUCTED BUILDINGS
WHEREAS, the California State Building Standards Commission approved and published the 2022 edition of the California Building Standards Code on July 1, 2022, and such code becomes effective 180 days thereafter, on January 1, 2023; and WHEREAS, the 2022 California Building Standards Code includes the 2022 California Green Building Standards Code; and
WHEREAS, California Health and Safety Code Sections 17958.7 and 18941.5 provide that the City may make changes or modifications to the building standards contained in the California Building Standards Code based upon express findings that such changes or modifications are reasonably necessary because of local climatic, geological, or topographical conditions; and
WHEREAS, Section 101.7.1 of the 2022 California Green Building Standards Code provides that for the purposes of local amendments to the 2022 California Green Building Standards Code, local climatic, topographical, or geological conditions include local environmental conditions as established by the City; and WHEREAS, at its February 25, 2020 meeting, the Council adopted a resolution making findings regarding local climatic, geological, topographical, and environmental

10.B.a
Packet Pg. 179 Attachment: PW-ORD-EV Reach Code (5408 : EV Reach Code - Second Reading) 2 conditions to support certain local amendments to the 2019 California Green Building Standards Code; and
WHEREAS, at its February 25, 2020 meeting, the Council enacted an ordinance adopting and making certain local amendments to the 2019 California Green Building Standards Code; and
WHEREAS, consistent with the City’s May 2019 Climate Action & Adaptation Plan, the local amendments to the 2022 California Green Building Standards Code implemented by this ordinance will increase the use of renewable energy and reduce greenhouse gas emissions; and
WHEREAS, local amendments to the 2022 California Green Building Standards Code relating to building electrification and electric vehicle readiness were the subject of three public stakeholder workshops conducted on June 8, 2022, June 16th, 2022, and July 6, 2022, at which attendees included architects, energy modelers, designers, builders, developers, other local stakeholders, and residents; and WHEREAS, local amendments to the 2022 California Green Building Standards Code relating to building electrification and electric vehicle readiness were reviewed with the Commission on Sustainability, Environmental Justice, and the Environment and its Electric Vehicle Subcommittee at multiple meetings in 2022; and WHEREAS, at its August 15, 2022 meeting, the Commission on Sustainability, Environmental Justice, and the Environment determined to recommend that the City Council adopt the local amendments to the 2022 California Green Building Standards Code implemented by this ordinance; and

10.B.a
Packet Pg. 180 Attachment: PW-ORD-EV Reach Code (5408 : EV Reach Code - Second Reading) 3 WHEREAS, on August 17, 2022 the City’s Building and Fire Life Safety Commission met and decided to remain neutral on the proposed local amendments to the 2022 California Green Building Standards Code; and
WHEREAS, once adopted by the City Council, the local amendments to the 2022 California Green Building Standards Code will, in accordance with Health and Safety Code Section 17958.7, be submitted to the California Building Standards Commission for filing, and shall become effective 30 days after this submission; and WHEREAS, the requirements in Santa Monica Municipal Code Section 8.106.055 are now obsolete.

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

SECTION 1. Purpose.

It is the purpose and intent of this Ordinance to adopt local modifications and changes to the 2022 California Green Building Standards Code (Title 24, Part 11) that provide local standards for new residential, non-residential, and hotel and motel buildings that exceed the minimum standards of the 2022 California Green Building Standards Code reduce greenhouse gas emissions.

SECTION 2. Section 8.106.055 is hereby repealed.

SECTION 3. Section 8.106.110 of the Santa Monica Municipal Code is hereby added to read as follows:

8.106.110 Electric Vehicle Charging residential mandatory measures Section 4.106.4 of the 2022 California Green Building Code and its subsections are amended to read as follows:

10.B.a
Packet Pg. 181 Attachment: PW-ORD-EV Reach Code (5408 : EV Reach Code - Second Reading) 4 4.106.4 Electric vehicle (EV) charging for new construction.

New construction shall comply with Section 4.106.4.1 or 4.106.4.2 to facilitate current and future electric vehicle charging. Electric vehicle supply equipment (EVSE) shall be installed in accordance with the California Electrical Code, Article 625.

Exceptions:

1. On a case-by-case basis, where the local enforcing agency has determined EV charging and infrastructure are not feasible based upon one or more of the following conditions:

1.1 Where there is no local utility power supply or the local utility is unable to supply adequate power.

1.2 Where there is evidence suitable to the local enforcing agency substantiating that additional local utility infrastructure design requirements, directly related to the implementation of Section 4.106.4, may adversely impact the construction cost of the project.

2. Accessory Dwelling Units (ADU) and Junior Accessory Dwelling Units (JADU) without additional parking facilities.

4.106.4.1 New one- and two-family dwellings and town-houses with parking facilities.

For each dwelling unit, install a listed raceway to accommodate a dedicated 208/240- volt branch circuit. The raceway shall not be less than trade size 1 (nominal 1-inch inside diameter). The raceway shall originate at the main service or subpanel and shall terminate into a listed cabinet, box or other enclosure in close proximity to the proposed location of an EV charger. Raceways are required to be continuous at

10.B.a
Packet Pg. 182 Attachment: PW-ORD-EV Reach Code (5408 : EV Reach Code - Second Reading) 5 enclosed, inaccessible or concealed areas and spaces. The service panel and/or subpanel shall provide capacity to install a 40-ampere minimum dedicated branch circuit and space(s) reserved to permit installation of a branch circuit overcurrent protective device.

Exception: A raceway is not required if a minimum 40-ampere 208/240-volt dedicated EV branch circuit is installed in close proximity to the proposed location of an EV charger at the time of the original construction in accordance with the California Electrical Code.

4.106.4.1.1 Identification.

The service panel or subpanel circuit directory shall identify the overcurrent protective device space(s) reserved for future EV charging as “EV CAPABLE”. The raceway termination location shall be permanently and visibly marked as “EV CAPABLE.”

4.106.4.2 New multifamily dwellings, hotels and motels and new residential parking facilities.

When parking is provided, parking spaces for new multifamily dwellings, hotels and motels shall meet the requirements of Sections 4.106.4.2.1 and 4.106.4.2.2. Calculations for spaces shall be rounded up to the nearest whole number. A parking space served by electric vehicle supply equipment or designed as a future EV charging space shall count as at least one standard automobile parking space only for the purpose of complying with any applicable minimum parking space requirements established by a local jurisdiction.

See Vehicle Code Section 22511.2 for further details.

4.106.4.2.1 Multifamily development projects with less than 20 dwelling units; and hotels and motels with less than 20 sleeping units or guest rooms.

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Packet Pg. 183 Attachment: PW-ORD-EV Reach Code (5408 : EV Reach Code - Second Reading) 6 The number of dwelling units, sleeping units or guest rooms shall be based on all buildings on a project site subject to this section.

1. EV Capable. Ten (10) percent of the total number of parking spaces on a building site, provided for all types of parking facilities, shall be electric vehicle charging spaces (EV spaces) capable of supporting future Level 2 EVSE. Electrical load calculations shall demonstrate that the electrical panel service capacity and electrical system, including any on-site distribution transformer(s), have sufficient capacity to simultaneously charge all EVs at all required EV spaces at a minimum of 40 amperes.

The service panel or subpanel circuit directory shall identify the overcurrent protective device space(s) reserved for future EV charging purposes as “EV CAPABLE” in accordance with the California Electrical Code. A minimum of one EV Capable space is required per project when parking is provided.

Exceptions:

1. When EV chargers (Level 2 EVSE) are installed in a number equal to or greater than the required number of EV capable spaces.

2. When EV chargers (Level 2 EVSE) are installed in a number less than the required number of EV capable spaces, the number of EV capable spaces required may be reduced by a number equal to the number of EV chargers installed.

Notes:
a. Construction documents are intended to demonstrate the project’s capability and capacity for facilitating future EV charging. b. There is no requirement for EV spaces to be constructed or available until receptacles for EV charging or EV chargers are installed for use.

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Packet Pg. 184 Attachment: PW-ORD-EV Reach Code (5408 : EV Reach Code - Second Reading) 7 2. EV Ready. Sixty (60) percent of the total number of parking spaces shall be equipped with low power Level 2 EV charging receptacles. For multifamily parking facilities, no more than one receptacle is required per dwelling unit when more than one parking space is provided for use by a single dwelling unit.

Exception: Areas of parking facilities served by parking lifts.

3. EV Chargers. Five (5) percent of the total number of parking spaces shall be equipped with Level 2 EVSE. Where common use parking is provided, at least one EV charger shall be located in the common use parking area and shall be available for use by all residents or guests. When low power Level 2 EV charging receptacles or Level 2 EVSE are installed beyond the minimum required, an automatic load management system (ALMS) may be used to reduce the maximum required electrical capacity to each space served by the ALMS. The electrical system and any onsite distribution transformers shall have sufficient capacity to deliver at least 3.3 kW simultaneously to each EV charging station (EVCS) served by the ALMS. The branch circuit shall have a minimum capacity of 40 amperes and installed EVSE shall have a capacity of not less than 30 amperes. ALMS shall not be used to reduce the minimum required electrical capacity to the required EV capable spaces.

4.106.4.2.2 Multifamily development projects with 20 or more dwelling units, hotels and motels with 20 or more sleeping units or guest rooms.

The number of dwelling units, sleeping units or guest rooms shall be based on all buildings on a project site subject to this section.

1. EV Capable. Ten (10) percent of the total number of parking spaces on a building site, provided for all types of parking facilities, shall be electric vehicle charging spaces

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Packet Pg. 185 Attachment: PW-ORD-EV Reach Code (5408 : EV Reach Code - Second Reading) 8 (EV spaces) capable of supporting future Level 2 EVSE. Electrical load calculations shall demonstrate that the electrical panel service capacity and electrical system, including any on-site distribution transformer(s), have sufficient capacity to simultaneously charge all EVs at all required EV spaces at a minimum of 40 amperes. The service panel or subpanel circuit directory shall identify the overcurrent protective device space(s) reserved for future EV charging purposes as “EV CAPABLE” in accordance with the California Electrical Code. A minimum of one EV Capable space is required per project when parking is provided.

Exception: When EV chargers (Level 2 EVSE) are installed in a number greater than five (5) percent of parking spaces required by Section 4.106.4.2.2, Item 3, the number of EV capable spaces required may be reduced by a number equal to the number of EV chargers installed over the five (5) percent required.

Notes:
a. Construction documents shall show locations of future EV spaces. b. There is no requirement for EV spaces to be constructed or available until receptacles for EV charging or EV chargers are installed for use.

2. EV Ready. Sixty (60) percent of the total number of parking spaces shall be equipped with low power Level 2 EV charging receptacles. For multifamily parking facilities, no more than one receptacle is required per dwelling unit when more than one parking space is provided for use by a single dwelling unit.

Exception: Areas of parking facilities served by parking lifts.

3. EV Chargers. Five (5) percent of the total number of parking spaces shall be equipped with Level 2 EVSE. Where common use parking is provided, at least one EV

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Packet Pg. 186 Attachment: PW-ORD-EV Reach Code (5408 : EV Reach Code - Second Reading) 9 charger shall be located in the common use parking area and shall be available for use by all residents or guests. When low power Level 2 EV charging receptacles or Level 2 EVSE are installed beyond the minimum required, an automatic load management system (ALMS) may be used to reduce the maximum required electrical capacity to each space served by the ALMS. The electrical system and any on-site distribution transformers shall have sufficient capacity to deliver at least 3.3 kW simultaneously to each EV charging station (EVCS) served by the ALMS. The branch circuit shall have a minimum capacity of 40 amperes and installed EVSE shall have a capacity of not less than 30 amperes. ALMS shall not be used to reduce the minimum required electrical capacity to the required EV capable spaces.

4.106.4.2.2.1 Electric vehicle charging stations (EVCS).

Electric vehicle charging stations required by Section 4.106.4.2.2, Item 3, shall comply with Section 4.106.4.2.2.1.

Exception: Electric vehicle charging stations serving public accommodations, public housing, motels, and hotels shall not be required to comply with this section. See California Building Code, Chapter 11B, for applicable requirements.

4.106.4.2.2.1.1 Location. EVCS shall comply with at least one of the following options:

1. The charging space shall be located adjacent to an accessible parking space meeting the requirements of the California Building Code, Chapter 11A, to allow use of the EV charger from the accessible parking space.

2. The charging space shall be located on an accessible route, as defined in the California Building Code, Chapter 2, to the building.

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Packet Pg. 187 Attachment: PW-ORD-EV Reach Code (5408 : EV Reach Code - Second Reading) 10 Exception: Electric vehicle charging stations designed and constructed in compliance with the California Building Code, Chapter 11B, are not required to comply with Section

4.106.4.2.2.1.1 and Section 4.106.4.2.2.1.2, Item 3. 4.106.4.2.2.1.2 Electric vehicle charging stations (EVCS) dimensions. The charging spaces shall be designed to comply with the following:

1. The minimum length of each EV space shall be 18 feet (5486 mm).

2. The minimum width of each EV space shall be 9 feet (2743 mm).

3. One in every 25 charging spaces, but not less than one, shall also have an 8- foot (2438 mm) wide minimum aisle. A 5-foot (1524 mm) wide minimum aisle shall be permitted provided the minimum width of the EV space is 12 feet (3658 mm). a. Surface slope for this EV space and the aisle shall not exceed 1 unit vertical in 48 units horizontal (2.083 percent slope) in any direction. Additional EV Ready spaces that are required by Santa Monica Municipal Code Section 8.106.110, Electric Vehicle Charging, in excess of the 25 percent EV Ready Spaces required by California Building Code Sections 4.106.4.2.1 and 4.106.4.2.2 do not need to comply with the dimensions listed in 4.106.4.2.2.1.2.

4.106.4.2.2.1.3 Accessible EV spaces.

In addition to the requirements in Sections 4.106.4.2.2.1.1 and 4.106.4.2.2.1.2, all EVSE, when installed, shall comply with the accessibility provisions for EV chargers in the California Building Code, Chapter 11B. EV ready spaces and EVCS in multifamily developments shall comply with California Building Code, Chapter 11A, Section 1109A.

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Packet Pg. 188 Attachment: PW-ORD-EV Reach Code (5408 : EV Reach Code - Second Reading) 11 4.106.4.2.3 EV space requirements.

1. Single EV space required. Install a listed raceway capable of accommodating a 208/240-volt dedicated branch circuit. The raceway shall not be less than trade size 1 (nominal 1-inch inside diameter). The raceway shall originate at the main service or subpanel and shall terminate into a listed cabinet, box or enclosure in close proximity to the location or the proposed location of the EV space. Construction documents shall identify the raceway termination point, receptacle or charger location, as applicable. The service panel and/or subpanel shall have a 40-ampere minimum dedicated branch circuit, including branch circuit overcurrent protective device installed, or space(s) reserved to permit installation of a branch circuit overcurrent protective device.

Exception: A raceway is not required if a minimum 40-ampere 208/240-volt dedicated EV branch circuit is installed in close proximity to the location or the proposed location of the EV space, at the time of original construction in accordance with the California Electrical Code.

2. Multiple EV spaces required. Construction documents shall indicate the raceway termination point and the location of installed or future EV spaces, receptacles, or EV chargers. Construction documents shall also provide information on amperage of installed or future receptacles or EVSE, raceway method(s), wiring schematics and electrical load calculations. Plan design shall be based upon a 40-ampere minimum branch circuit.

Required raceways and related components that are planned to be installed underground, enclosed, inaccessible or in concealed areas and spaces shall be installed at the time of original construction.

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Packet Pg. 189 Attachment: PW-ORD-EV Reach Code (5408 : EV Reach Code - Second Reading) 12 Exception: A raceway is not required if a minimum 40-ampere 208/240-volt dedicated EV branch circuit is installed in close proximity to the location or the proposed location of the EV space at the time of original construction in accordance with the California Electrical Code.

4.106.4.2.4 Identification. The service panel or subpanel circuit directory shall identify the overcurrent protective device space(s) reserved for future EV charging purposes as “EV CAPABLE” in accordance with the California Electrical Code.

4.106.4.2.5 Electric Vehicle Ready Space Signage. Electric vehicle ready spaces shall be identified by signage or pavement markings, in compliance with Caltrans Traffic Operations Policy Directive 13-01 (Zero Emission Vehicle Signs and Pavement Markings) or its successor(s).

4.106.4.3 Electric vehicle charging for additions and alterations of parking facilities serving existing multifamily buildings.

When new parking facilities are added, or electrical systems or lighting of existing parking facilities are added or altered and the work requires a building permit, ten (10) percent of the total number of parking spaces added or altered, shall be electric vehicle charging spaces (EV spaces) capable of supporting future Level 2 EVSE.

Notes:

1. Construction documents are intended to demonstrate the project’s capability and capacity for facilitating future EV charging.

2. There is no requirement for EV spaces to be constructed or available until EV chargers are installed for use.

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Packet Pg. 190 Attachment: PW-ORD-EV Reach Code (5408 : EV Reach Code - Second Reading) 13 SECTION 4. Section 8.106.120 of the Santa Monica Municipal Code is hereby added to read as follows:

8.106.120 Electric vehicle charging non-residential mandatory measures Section 5.106.5.3 of the 2022 California Green Building Code and its subsections are amended to read as follows:

5.106.5.3 Electric vehicle (EV) charging.

Construction to provide electric vehicle infrastructure and facilitate electric vehicle charging shall comply with Section A5.106.5.3.1 and in accordance with regulations in the California Building Code and the California Electrical Code.

Exceptions:

1. On a case-by-case basis where the local enforcing agency has determined compliance with this section is not feasible based upon one of the following conditions:
a. Where there is no local utility power supply.
b. Where the local utility is unable to supply adequate power. c. Where there is evidence suitable to the local enforcement agency substantiating that additional local utility infrastructure design requirements, directly related to the implementation of Section 5.106.5.3, may adversely impact the construction cost of the project.

2. Parking spaces accessible only by automated mechanical car parking systems are not required to comply with this code section.

A5.106.5.3.1 Tier 1 EV capable spaces.

Table A5.106.5.3.1 shall be used to determine the number of EV capable spaces required. Refer to Section 5.106.5.3 for design space requirements.

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Packet Pg. 191 Attachment: PW-ORD-EV Reach Code (5408 : EV Reach Code - Second Reading) 14 When EV capable spaces are provided with EVSE to create EVCS per Table A5.106.5.3.1, refer to Section 5.106.5.3.2 for the allowed use of Level 2 or Direct Current Fast Charger (DCFC) and Section 5.106.5.3.3 for the allowed use of Automatic Load Management System (ALMS).

1. Raceways complying with the California Electrical Code and no less than 1-inch (25 mm) diameter shall be provided and shall originate at a service panel or a subpanel(s) serving the area, and shall terminate in close proximity to the proposed location of the EV capable space and into a suitable cabinet box, enclosure or equivalent. A common raceway may be used to serve multiple EV capable spaces.

2. A service panel or subpanel(s) shall be provided with panel space and electrical load capacity for a dedicated 208/240 volt, 40-ampere minimum branch circuit for each EV capable space, with delivery of 30-ampere minimum to an installed EVSE at each EVCS.

3. The electrical system and any on-site distribution transformers shall have sufficient capacity to supply full rated amperage at each EV capable space.

4. The service panel or subpanel circuit directory shall identify the reserved overcurrent protective device space(s) as “EV CAPABLE”. The raceway termination location shall be permanently and visibly marked as “EV CAPABLE”.

Note: A parking space served by electric vehicle supply equipment or designed as a future EV charging space shall count as at least one standard automobile parking space only for the purpose of complying with any applicable minimum parking space requirements established by an enforcement agency. See Vehicle Code Section 22511.2 for further details.

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Packet Pg. 192 Attachment: PW-ORD-EV Reach Code (5408 : EV Reach Code - Second Reading) 15 Table A5.106.5.3.1
TOTAL

NUMBER OF
ACTUAL

PARKING
SPACES
TIER 1

NUMBER OF

REQUIRED EV

CAPABLE
SPACES
TIER 1

NUMBER OF
EVCS
(EV CAPABLE SPACES

PROVIDED WITH
EVSE)
2 0-9 2 0
10-25 5 2
26-50 11 4
51-75 19 5
76-100 26 9
101-150 38 13
151-200 53 18
201 and over 30 percent of total1 33 percent of EV
capable spaces 1

1. Calculation for spaces shall be rounded up to the nearest whole number.

2. The number of required EVCS (EV capable spaces provided with EVSE) in column 3 count toward the total number of required EV capable spaces shown in column 2.

5.106.5.3.2 Electric vehicle charging stations (EVCS).

EV capable spaces shall be provided with EVSE to create EVCS in the number indicated in Table A5.106.5.3.1. The EVCS required by Table A5.106.5.3.1 may be provided with EVSE in any combination of Level 2 and Direct Current Fast Charging (DCFC), except that at least one Level 2 EVSE shall be provided. One EV charger with multiple connectors capable of charging multiple EVs simultaneously shall be permitted if the electrical load capacity required by Section 5.106.5.3.1 for each EV capable space is accumulatively supplied to the EV charger. The installation of each DCFC EVSE shall be permitted to reduce the minimum number of required EV capable spaces without EVSE by five and reduce proportionally the required electrical load capacity to the service panel or subpanel.

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Packet Pg. 193 Attachment: PW-ORD-EV Reach Code (5408 : EV Reach Code - Second Reading) 16 5.106.5.3.3 Use of automatic load management systems (ALMS).

ALMS shall be permitted for EVCS. When ALMS is installed, the required electrical load capacity specified in Section 5.106.5.3.1 for each EVCS may be reduced when serviced by an EVSE controlled by an ALMS. Each EVSE controlled by an ALMS shall deliver a minimum 30 amperes to an EV when charging one vehicle and shall deliver a minimum

3.3 kW while simultaneously charging multiple EVs.

5.106.5.3.4 Accessible EVCS.

When EVSE is installed, accessible EVCS shall be provided in accordance with the California Building Code Chapter 11B Section 11B-228.3.

Note: For EVCS signs, refer to Caltrans Traffic Operations Policy Directive 13-01 (Zero Emission Vehicle Signs and Pavement Markings) or its successor(s).

5.106.5.3.5 Additional EV Ready Requirement for office facilities.

In addition to the requirements of Table A5.106.5.3.1,for office parking facilities, an additional twenty (20) percent (rounded to the nearest whole number) of the total number of parking spaces shall be equipped with low power Level 2 EV charging receptacles.

5.106.5.4 Electric vehicle (EV) charging: medium-duty and heavy-duty.

Construction shall comply with Section 5.106.5.4.1 to facilitate future installation of electric vehicle supply equipment (EVSE). Construction for warehouses, grocery stores and retail stores with planned off-street loading spaces shall also comply with Section

5.106.5.4.1 for future installation of medium- and heavy-duty EVSE.

Exceptions:

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Packet Pg. 194 Attachment: PW-ORD-EV Reach Code (5408 : EV Reach Code - Second Reading) 17 1. On a case-by-case basis where the local enforcing agency has determined compliance with this section is not feasible based upon one of the following conditions:
a. Where there is no local utility power supply.
b. Where the local utility is unable to supply adequate power. c. Where there is evidence suitable to the local enforcing agency substantiating that additional local utility infrastructure design requirements, directly related to the implementation of Section 5.106.5.3, may adversely impact the construction cost of the project.

When EVSE(s) is/are installed, it shall be in accordance with the California Building Code, the California Electrical Code and as follows:

5.106.5.4.1 Electric vehicle charging readiness requirements for warehouses, grocery stores and retail stores with planned off-street loading spaces.

In order to avoid future demolition when adding EV supply and distribution equipment, spare raceway(s) or busway(s) and adequate capacity for transformer(s), service panel(s) or subpanel(s) shall be installed at the time of construction in accordance with the California Electrical Code. Construction plans and specifications shall include, but are not limited to, the following:

1. The transformer, main service equipment and subpanels shall meet the minimum power requirement in Table 5.106.5.4.1.1 to accommodate the dedicated branch circuits for the future installation of EVSE.

2. The construction documents shall indicate one or more location(s) convenient to the planned off-street loading space(s) reserved for medium- and heavy-duty ZEV

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Packet Pg. 195 Attachment: PW-ORD-EV Reach Code (5408 : EV Reach Code - Second Reading) 18 charging cabinets and charging dispensers, and a pathway reserved for routing of conduit from the termination of the raceway(s) or busway(s) to the charging cabinet(s) and dispenser(s), as shown in Table 5.106.5.4.1.

3. Raceway(s) or busway(s) originating at a main service panel or a subpanel(s) serving the area where potential future medium- and heavy-duty EVSE will be located, and shall terminate in close proximity to the potential future location of the charging equipment for medium- and heavy-duty vehicles.

4. The raceway(s) or busway(s) shall be of sufficient size to carry the minimum additional system load to the future location of the charging for medium- and heavy-duty ZEVs as shown in Table 5.106.5.4.1.

TABLE 5.106.5.4.1

RACEWAY CONDUIT AND PANEL POWER REQUIREMENTS FOR MEDIUM-

AND HEAVY-DUTY EVSE
Building
type
Building Size
(sq. ft.)
Number of Offstreet loading
spaces
Additional capacity
Required (kVa) for
Raceway & Busway
and Transformer &
Panel
Grocery 10,000 to 90,000 1 or 2 200
Grocery Greater than 90,000 3 or Greater 400
Grocery Greater than 90,000 1 or Greater 400
Retail 10,000 to 135,000 1 or 2 200
Retail 10,000 to 135,000 3 or Greater 400
Retail Greater than 135,000 1 or Greater 400
Warehouse
20,000 to 256,000
1 or 2 200
Warehouse 20,000 to 256,000 3 or Greater 400
Warehouse Greater than 256,000 1 or Greater 400

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Packet Pg. 196 Attachment: PW-ORD-EV Reach Code (5408 : EV Reach Code - Second Reading) 19 SECTION 5. 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 6. 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 7. The Mayor shall sign and the City Clerk shall attest to the passage of the Ordinance. The City Clerk shall cause the same to be published once in the official newspaper within 15 days after its adoption. Following its adoption, this Ordinance shall be submitted to the California Building Standards Commission for filing. This Ordinance shall become effective 30 days after submission to the California Building Standards Commission. Building permit applications submitted on or after the effective date of this Ordinance shall be required to comply with the requirements set forth herein.

APPROVED AS TO FORM:
________________________
Douglas Sloan, City Attorney

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Packet Pg. 197 Attachment: PW-ORD-EV Reach Code (5408 : EV Reach Code - Second Reading) City Council
Report
City Council Meeting: October 11, 2022
Agenda Item: 10.C
1 of 6
To: Mayor and City Council
From: David Martin, Director, Administration
Subject: Introduction and Adoption of Emergency Interim Zoning Ordinance to Extend Interim Zoning Regulations Extended and Amended by Emergency Interim Zoning Ordinance Number 2704 (CCS) Authorizing Temporary Use of Private Outdoor Space; Temporary Permitted Uses for Emergency Shelters, Public Safety Facilities, and Drive-Through Facilities for Covid-19 Testing and Vaccination Purposes; and Flexibility in Issuance of Temporary Use Permits and Alcoholic Beverage Sales
Recommended Action
Staff recommends that the City Council introduce and adopt an Emergency Interim Zoning Ordinance extending interim zoning regulations established by Emergency Interim Zoning Ordinance Number 2674 (CCS) and extended and amended by Emergency Interim Zoning Ordinances 2678 and 2704 (CCS) authorizing temporary outdoor use of private outdoor space; temporary permitted uses for emergency shelters, public safety facilities, and drive-through facilities for COVID-19 testing and vaccination purposes; flexibility in issuance of temporary use permits and alcoholic beverage sales; and zoning changes necessary for continued emergency response and economic recovery.

Summary
On June 8, 2021, Council adopted Emergency Interim Zoning Ordinance Number 2674 (CCS) (“Emergency IZO 2674”) establishing interim zoning regulations for temporary uses of private outdoor space for commercial activity and to extend certain zoning changes necessary for continued emergency response and economic recovery, including, but not limited to, temporary drive-through facilities for COVID-19 testing, and allowance for off-site alcohol sales.

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Staff recommends that Council extend the interim zoning regulations that were last extended and amended by Emergency IZO 2704 through June 30, 2023 to allow businesses to maintain their permitted outdoor space on private property while staff continues to develop a private outdoor space program. Staff will return to Council in early 2023 with recommended amendments to the Zoning Ordinance to implement a permanent private outdoor space program. Staff will also evaluate whether the temporary land uses contained in IZO would be necessary for continued emergency response and economic recovery.

Discussion
Extension of Outdoor Use of Private Property
Temporary Outdoor Use Permits originally authorized under the City’s emergency orders approved the use of private property for outdoor commercial operations. The temporary use of private outdoor space has been a critical component of the City’s response to support businesses during the COVID-19 pandemic, including certain zoning changes to support emergency response and economic recovery. Currently, 94 local businesses are using a Temporary Outdoor Use Permit issued pursuant to the IZO to conduct restaurant, fitness activities, personal services, and retail on private outdoor property—surface parking lots, courtyards, and other spaces on associated privatelyowned commercial property—to help offset any pandemic-related indoor use restrictions or accommodate customer preference of being outdoors.

This opportunity to use outdoor space on private property serves many businesses that are not eligible or not able to have a parklet in front of their business, particularly on commercial streets with higher traffic speeds such as Pico Boulevard and sections of Wilshire and Ocean Park Boulevards. Currently, outdoor dining is the primary activity of these private outdoor spaces. Per the IZO, table service and alcohol sales are temporarily permitted within these spaces, and parking requirements are suspended.

In developing the permanent outdoor program for private property, staff is evaluating the overall use of private outdoor space by businesses during the pandemic. Staff continues to develop appropriate standards considering the size and location of outdoor spaces,

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parking needs, fire and life safety accessibility of the site, and noise when abutting residential districts and uses.

Extension of Zoning and Land Use Related Changes
There are a range of zoning and land use related changes that were made throughout the pandemic to facilitate emergency response and to also support local businesses.

Changes that are recommended to continue through the IZO extension include:
▪ Permitted Use in all Zoning Districts: Public Safety Facilities and Emergency Shelters.

Allowing these uses provides flexibility in establishing uses related to health and safety supportive of emergency response and the pandemic recovery. ▪ Drive-through facilities only for COVID-19 testing and vaccination purposes at hospitals, clinics, and pharmacies.

The City’s Zoning Ordinance prohibits new drive-through facilities. This special exception remains necessary to allow the establishment of testing and vaccination as we continue to advance through the Pandemic. Many of these facilities are established within tented parking spaces where tests or vaccinations are administered while patients remain in their vehicles.
▪ Temporary Use Permits for uses permitted pursuant to 9.31.370(b) of more than 45 days and not exceeding 180 days (6 months).

Extending the temporary use permit approval up to 180 days provides flexibility for outdoor temporary uses supportive of economic recovery efforts and consistent with social distancing practices during the pandemic. An example of a prior use that utilized this extended period was the temporary outdoor drive-in theater at 302 Colorado Avenue (former Sears Department store parking lot).
▪ Off-site alcohol sales for restaurants, consistent with the State Alcoholic Beverage Control (ABC) requirements:

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SB 389, effective as of January 1, 2022, extended the authorization under the First Notice of Regulatory Relief issued by the California Department of Alcoholic Beverage Control that expired on December 31, 2021 to allow the expansion of off-site privileges for restaurants and breweries as a result of the Pandemic. This provision recognizes this expansion of alcoholic beverages “to- go” as allowed by the State and allows such privileges for restaurants, breweries, etc. consistent with ABC requirements to continue through the term of this IZO.

Temporary Suspension of Certain Zoning Regulations
The interim zoning regulations suspend certain provisions of the City’s Zoning Ordinance, including, but not limited to, parking requirements (except for those relating to accessible parking) and maximum floor area ratio, to the extent necessary to accommodate the uses permitted under the interim zoning regulations as well as Santa Monica Municipal Code Chapter 6.40, Santa Monica Outdoors Pilot Program. Since the adoption of Emergency IZO 2704, the City Council adopted Santa Monica Municipal Code Chapter 6.42, Santa Monica Outdoors Parklet Program. The proposed Emergency Interim Zoning Ordinance includes a suspension of Zoning Ordinance provisions to the extent necessary to accommodate the provisions of Chapter 6.42 as well.

Environmental Review
The proposed Emergency IZO extension to continue allowing temporary outdoor use of private property and zoning changes to aid in economic recovery 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 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 proposal would not result in adverse physical environmental effects since such uses are compatible with surrounding commercial uses, would not create hazards or adverse health effects to any sensitive residential uses, and are permitted land uses in the Zoning Ordinance or have been permitted in many areas of the City for over a year.

Therefore, no further environmental review under CEQA is required.

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Past Council Actions
Meeting Date Description
06/08/21 Adoption of Emergency Interim Zoning Ordinance 2674 extending temporary uses of private outdoor space for commercial activity and extending certain zoning changes necessary for continued emergency response and economic recovery.
07/27/21 Extended Emergency Interim Zoning Ordinance 2674 through June 30, 2022.
05/10/22 Extended Emergency Interim Zoning Ordinance 2678 through December 21, 2022.

On June 8, 2021, Council also adopted Emergency Ordinance 2673 (CCS) through June 30, 2022, which established Santa Monica Municipal Code Chapter 6.40 to authorize the continuation of the Santa Monica Outdoors program on streets and sidewalks; authorized fee waivers in support of the program until January 1, 2022; and gave direction to initiate the Main Street closure pilot program.

On July 27, 2021, Council extended Emergency IZO 2674, establishing Emergency IZO 2678 through June 30, 2022 to align with the expiration of the Santa Monica Outdoors program on streets and sidewalks. On May 10, 2022, the Council further extended Emergency IZO 2678 through December 31, 2022 and established a separate review path for the private outdoor space program from the Santa Monica Outdoors program on streets and sidewalks.

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

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

A. CDD-Ord-LifeOutdoorsIZO3dExtension-101122
B. Ord 2678 (7-27-21)
C. Ord 2704 (5-10-22)
D. PowerPoint Presentation

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1 City Council Meeting: October 11, 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 INTERIM ZONING REGULATIONS ESTABLISHED BY EMERGENCY INTERIM ZONING ORDINANCE NUMBER 2674 (CCS) AND EXTENDED AND AMENDED BY EMERGENCY INTERIM ZONING ORDINANCES 2678 AND 2704 (CCS) AUTHORIZING TEMPORARY USE OF PRIVATE OUTDOOR SPACE; TEMPORARY PERMITTED USES FOR EMERGENCY

SHELTERS, PUBLIC SAFETY FACILITIES, AND DRIVE-THROUGH FACILITIES FOR COVID-19 TESTING AND VACCINATION PURPOSES; AND FLEXIBILITY IN

ISSUANCE OF TEMPORARY USE PERMITS AND ALCOHOLIC BEVERAGE SALES WHEREAS, the novel coronavirus 19 (“COVID-19”) disease is caused by a virus that spreads easily from person to person and may result in serious illness or death, and is classified by the World Health Organization (“WHO”) as a worldwide pandemic; and WHEREAS, on March 13, 2020, the City Manager, in his role as the 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 COVID-19 pandemic, 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 (“Revised Fourth Supplement”), which among other things, permitted public safety facilities, hospitals, clinics, and emergency shelters in all zoning districts and allowed the Director of the Community

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Packet Pg. 204 Attachment: CDD-Ord-LifeOutdoorsIZO3dExtension-101122 [Revision 1] (5201 : Extension of IZO 2704 (CCS) Temporary Use of Private Outdoor 2 Development Department or designee to waive development standards, design review, parking and access requirements, and sign standards related to such uses, and allowed drive-through facilities for clinics, convenience markets, farmers markets, general markets, hospitals, pharmacies, and restaurants; 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, and as part of these amendments and modifications, nonessential businesses, including restaurants, lower-risk retail businesses, and gym and fitness establishments were subject to, at various times, prohibitions on operating indoors or restrictions on capacity; and
WHEREAS, on March 21, 2020, the Director of Emergency Services issued a Seventh Supplement to the Executive Order aligning the Santa Monica Municipal Code with a California Department of Alcoholic Beverage Control (“ABC”) “Notice of Regulatory Relief” permitting restaurants and retailers holding valid ABC licenses to sell alcoholic beverages for off-site consumption via delivery and take-out; and WHEREAS, on May 29, 2020, the Director of Emergency Services issued an Eighteenth Supplement to the Executive Order, which, among other things, authorized temporary outdoor dining extensions to adjacent sidewalk and/or adjacent parking, courtyard, or other private open space owned by the restaurant; and

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Packet Pg. 205 Attachment: CDD-Ord-LifeOutdoorsIZO3dExtension-101122 [Revision 1] (5201 : Extension of IZO 2704 (CCS) Temporary Use of Private Outdoor 3 WHEREAS, on June 23, 2020, the Director of Emergency Services issued a Second Revised Eighteenth Supplement to the Executive Order that modified the First Revised Eighteenth Supplement to, among other things: extend the authorization for temporary dining to adjacent private spaces not owned by the restaurant and to sidewalks in front of adjacent buildings with the consent of either the owner or tenant; extend the authorization for temporary dining to areas of the Pier to be specified by the Director of the Community Development Department subject to specified conditions and any additional regulations; extend the authorization for temporary dining to portions of the sidewalk or roadway in the Third Street Promenade to be specified by the Director of the Community Development Department subject to specified conditions and any additional regulations; authorize the temporary use by businesses of adjacent sidewalks, adjacent private outdoor space, and areas of the Pier to be specified by the Director of the Community Development Department for business activities other than temporary dining, subject to specified conditions and any additional regulations; and authorize restaurants and other businesses to establish temporary parklets for business activities and outdoor dining in on-street parking and loading spaces adjacent to the restaurant or business, subject to specified conditions, specified design and safety specifications, and any additional regulations; and
WHEREAS, the Second Revised Eighteenth Supplement also authorized Business Improvement Districts and individual eligible businesses that have obtained a temporary use permit to conduct sidewalk sales and other seasonal sales without otherwise complying with the provisions of the Executive Order; and

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Packet Pg. 206 Attachment: CDD-Ord-LifeOutdoorsIZO3dExtension-101122 [Revision 1] (5201 : Extension of IZO 2704 (CCS) Temporary Use of Private Outdoor 4 WHEREAS, on August 22, 2020, the Director of Emergency Services issued a Third Revised Eighteenth Supplement to the Executive Order (“Third Revised Eighteenth Supplement”), which, among other things, superseded and replaced the prior versions of the Eighteenth Supplement, authorized the specified uses of public and private outdoor spaces through the duration of the County’s Health Officer Order, plus an additional 30 days, made other modification governing the conditions for use of the public and private space, and set fines for violations of the conditions for operating in the public right-of-way and in private outdoor spaces through administrative citations; and WHEREAS, on October 7, 2020, the Director of Emergency Services issued a Twenty-Seventh Supplement to the Executive Order (“Twenty-Seventh Supplement”), which, among other things, authorized the Director of the Community Development Department to issue regulations regarding and issue temporary use permits for certain uses allowed by the County Safer at Home Order, including temporary outdoor sales and special events, for a period longer than 45 days but less than 180 days and waived processing fees for such temporary use permits; and
WHEREAS, on November 23, 2020, the Director of Emergency Services issued a Twenty-Eighth Supplement to the Executive Order (“Twenty-Eighth Supplement”), which, among other things, authorized the Director of the Community Development Department to issue permits for and regulations regarding the temporary extension by certain eligible businesses of their operations into unused portions of the parking lane on Main Street where the City has placed K-rails and authorized such use through the duration of the County’s Health Officer Order, plus an additional 30 days; and

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Packet Pg. 207 Attachment: CDD-Ord-LifeOutdoorsIZO3dExtension-101122 [Revision 1] (5201 : Extension of IZO 2704 (CCS) Temporary Use of Private Outdoor 5 WHEREAS, on December 8, 2020, the Director of Emergency Services issued a Thirtieth Supplement to the Executive Order (“Thirtieth Supplement”), which, among other things, superseded and replaced Sections 1 through 3 of the Seventh Supplement with amended rules regarding off-site and retail alcohol sales that, in particular, add the requirement that authorized sales of to-go alcoholic beverages may be delivered to customers only at the same time as the required accompanying meals; and WHEREAS, on January 28, 2021, the Director of Emergency Services issued a Thirty-Third Supplement to the Executive Order (“Thirty-Third Supplement”), which, among other things, authorized satellite outdoor dining in portions of the roadway in the Third Street Promenade pursuant to limitations set out in the supplement and regulations to be issued by the Director of the Community Development Department and authorized such use through the duration of the County’s Health Officer Order, plus an additional 30 days; and
WHEREAS, on March 19, April 6, April 14, May 12, May 26, June 9, June 23, July 14, July 28, September 8, October 27, and December 15, 2020, as well as on January 26, March 23, and effective May 22, 2021, the City Council ratified the Executive Order, as well as the supplements to the Executive Order in place at the time, including the Revised Fourth, Third Revised Eighteenth, Twenty-Seventh, Twenty-Eighth, Thirtieth, and Thirty-Third Supplements; and
WHEREAS, the City issued approximately 70 permits to use private outdoor space pursuant to the Third Revised Eighteenth, Twenty-Eighth, and Thirty-Third Supplements; and

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Packet Pg. 208 Attachment: CDD-Ord-LifeOutdoorsIZO3dExtension-101122 [Revision 1] (5201 : Extension of IZO 2704 (CCS) Temporary Use of Private Outdoor 6 WHEREAS, the eligible businesses and restaurants with permits to use public and outdoor space as authorized under the Third Revised Eighteenth, Twenty-Eighth, and Thirty-Third Supplements have been issued temporary outdoor permits or entered into temporary outdoor encroachment agreements with the City, the terms of which are coterminous with the County’s Health Officer Order plus an additional 30 days; 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 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, as a result of the restrictions imposed by the State’s COVID-19- related guidance and the County’s Health Officer Order, businesses, and particularly restaurants, have suffered significant economic hardships; for example, according to Santa Monica’s fourth quarter sales tax report from 2020, restaurants are down 50-66% in sales from the same quarter in 2019 just prior to COVID-19; and

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Packet Pg. 209 Attachment: CDD-Ord-LifeOutdoorsIZO3dExtension-101122 [Revision 1] (5201 : Extension of IZO 2704 (CCS) Temporary Use of Private Outdoor 7 WHEREAS, on June 8, 2021, as a result of the State and County’s announcements regarding a planned June 15 reopening, the City Council adopted Emergency Interim Zoning Ordinance Number 2674 (CCS) (“Emergency IZO 2674”) establishing interim zoning regulations to support economic recovery following the anticipated termination of the authorizations to use public space for outdoor business activities as set forth in the City’s Third Revised Eighteenth, Twenty-Eighth, and Thirty-Third Supplements, and to support continued emergency response and pandemic recovery, by authorizing:
temporary use of private outdoor space; temporary permitted uses for emergency shelters, public safety facilities, and drive through facilities for Covid-19 testing and vaccination purposes; and flexibility in issuance of temporary use permits and alcoholic beverage sales; and
WHEREAS, on June 8, 2021, concurrently with consideration of Emergency IZO 2674, the City Council adopted Ordinance Number 2673 (CCS), an emergency ordinance adding Santa Monica Municipal Code Chapter 6.40, Santa Monica Outdoors Pilot Program, authorizing continued use of public space under the Third Revised Eighteenth, Twenty-Eighth and Thirty-Third Supplements; and
WHEREAS, on June 14, 2021, the Director of Emergency Services issued a ThirtySeventh Supplement to the Executive Order (“Thirty-Seventh Supplement”) which, among other things, allowed provisions of the Revised Fourth, Third Revised Eighteenth, Twenty-Sixth, Twenty-Seventh, Twenty-Eighth, Thirtieth, and Thirty-Third Supplements authorizing continued use of public and private outdoor space for business, emergency response, and pandemic recovery activities to expire because they had been superseded by the adoption of Emergency IZO 2674 and Ordinance 2673; and

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Packet Pg. 210 Attachment: CDD-Ord-LifeOutdoorsIZO3dExtension-101122 [Revision 1] (5201 : Extension of IZO 2704 (CCS) Temporary Use of Private Outdoor 8 WHEREAS, on July 27, 2021, the City Council adopted Emergency Interim Zoning Ordinance Number 2678 (CCS) extending the interim zoning regulations established by Emergency IZO 2674 (the “interim zoning regulations”) until June 30, 2022; and WHEREAS, on December 31, 2021, the Notice of Regulatory Relief expired, including provisions authorizing off-site sales of alcoholic beverages by restaurants, and flexibility in retail sales of alcoholic beverages; and WHEREAS, on January 1, 2022, SB 389 became effective, which extends authority for off-site sales of alcoholic beverages by restaurants; and WHEREAS, on May 10, 2022, the City Council adopted Emergency Interim Zoning Ordinance Number 2704 (CCS), extending the interim zoning regulations and making certain amendments to remove flexibility in retail sales of alcoholic beverages due to the expiration of the Notice of Regulatory Relief and update regulations permitting offsite sale of alcoholic beverages by restaurants for consistency with SB 389; and WHEREAS, on May 24, 2022, the City Council Ordinance Number (2705) to extend the provisions of Chapter 6.40, Santa Monica Outdoors Pilot Program, to September 30, 2022, unless otherwise extended or terminated earlier by the City at its discretion and consistent with any noticing requirements set forth in administrative regulations or any licensing agreement between the City and an eligible business; and WHEREAS, on July 12, 2022, the City Council adopted Ordinance Number 2708 (CCS), adding Santa Monica Municipal Code Chapter 6.42, Santa Monica Outdoors Parklet Program, to authorize the Director of Community Development to issue parklet permits and license agreement with eligible businesses, including businesses that were previously issued permits in accordance with Chapter 6.40; and

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Packet Pg. 211 Attachment: CDD-Ord-LifeOutdoorsIZO3dExtension-101122 [Revision 1] (5201 : Extension of IZO 2704 (CCS) Temporary Use of Private Outdoor 9 WHEREAS, the interim zoning regulations support economic recovery by temporarily suspending zoning regulations and provisions of previously-issued permits, including, but not limited to, parking requirements (except for those relating to accessible parking) and maximum floor area ratio, to the extent necessary to accommodate the temporary uses permitted by the interim zoning regulations, the Santa Monica Outdoors Pilot Program and the Santa Monica Outdoors Parklet Program; and WHEREAS, currently, and in accordance with the interim zoning regulations, 94 local businesses are using a Temporary Outdoor Use Permit to conduct retail, restaurant, and fitness activities on private outdoor property—surface parking lots, courtyards, and other spaces on associated privately-owned commercial property—to help offset any pandemic-related indoor use restrictions or accommodate customer preference of being outdoors; and
WHEREAS, the interim zoning regulations have been a critical component of the City’s response to sustain businesses in Santa Monica during the COVID-19 pandemic as well as to allow for certain zoning changes to support emergency response and economic recovery; and
WHEREAS, continuing to allow eligible businesses to expand their operations to certain public and private outdoor spaces, and providing continued flexibility in the issuance of temporary use permits and alcoholic beverage sales, will facilitate business recovery, generate increased sales tax revenue for the City, and provide City staff the time necessary to develop and bring to Council a permanent and expanded program for businesses to use public and private outdoor space for their operations; and

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Packet Pg. 212 Attachment: CDD-Ord-LifeOutdoorsIZO3dExtension-101122 [Revision 1] (5201 : Extension of IZO 2704 (CCS) Temporary Use of Private Outdoor 10 WHEREAS, continuing to permit emergency shelters and public safety facilities, and drive-through facilities for COVID-19 testing and vaccination sites offered by hospitals, clinics, and pharmacies in all zoning districts provides flexibility in uses related to health and safety that are supportive of emergency response and pandemic 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 as a result of the termination of the authorizations for: temporary use of public and private outdoor space as provided by the Third Revised Eighteenth, Twenty-Eighth, and ThirtyThird Supplements; permitted emergency shelters, public safety facilities, and drivethrough facilities for COVID-19 testing and vaccination purposes in all zoning districts as provided by the Revised Fourth Supplement; issuance of temporary use permits as provided by the Third Revised Eighteenth and Twenty-Seventh Supplements; and allowed flexibility in off-site and retail sales of alcoholic beverages as provided by the Thirtieth Supplement; that approval of additional subdivisions, use permits, variances, building permits, or any other applicable entitlement in accordance with current zoning regulations would impede the City’s ability to allow for uses related to health and safety that are supportive of emergency response and pandemic recovery and cause disruption to and economic harm to the City’s businesses; and that as a result extension of the interim zoning regulations pursuant to this emergency interim zoning ordinance is necessary to protect the public health, safety, and welfare.

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Packet Pg. 213 Attachment: CDD-Ord-LifeOutdoorsIZO3dExtension-101122 [Revision 1] (5201 : Extension of IZO 2704 (CCS) Temporary Use of Private Outdoor 11 NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SANTA MONICA DOES HEREBY ORDAIN AS FOLLOWS:

SECTION 1. Authorization for Temporary Uses.

A. Definitions. The following words and phrases have the following meanings when used in these interim zoning regulations:

1. “Eligible business” means (a) a business that operates out of a physical location in the City and has received any necessary entitlements from the City to operate; and (b) the use of the physical location by the business is a nonresidential use classification that is permitted or conditionally permitted in the district, other than a liquor store, or an automobile/vehicle service and repair, minor or major, as those terms are defined by Santa Monica Municipal Code Section

9.51.030.

2. “Private outdoor space” means all or a portion of a parking lot, courtyard, plaza, or other private open space area either owned by the eligible business or temporarily used by the eligible business as authorized by these interim zoning regulations. The private outdoor space must be on the same parcel or a parcel immediately adjacent to the eligible business.

3. “Director” means the Director of the Community Development Department or designee.

4. “Santa Monica Outdoors pilot program” means the use by a restaurant or eligible business of the Main Street Closure Area, Main Street satellite space, a parklet, the Promenade outdoor dining area, the Promenade satellite outdoor dining area, or a sidewalk for either, as applicable, outdoor dining

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Packet Pg. 214 Attachment: CDD-Ord-LifeOutdoorsIZO3dExtension-101122 [Revision 1] (5201 : Extension of IZO 2704 (CCS) Temporary Use of Private Outdoor 12 or business activities in compliance with Santa Monica Municipal Code Chapter

6.40. B. Temporary Use of Private Outdoor Space.

1. Authorization. The Director is authorized to issue permits for temporary use of private outdoor space to eligible businesses that meet the requirements set forth in these interim zoning regulations and associated administrative regulations.

2. Temporary Use of Private Outdoor Space Requirements. a. Application and Fees. Any eligible business seeking to obtain a temporary use of private outdoor space permit shall submit an application using a form designated by the Director for that purpose. Any application shall be accompanied by the required fee, if any, adopted in accordance with Santa Monica Municipal Code Section 9.37.020(C).
b. Permit required. No person may conduct a temporary use of private outdoor space without having obtained a permit from the City. c. Posting of Temporary Use of Outdoor Private Space Permit Required. The temporary use of private outdoor space permit shall be displayed by the eligible business during business hours. d. Signs. Notwithstanding anything to the contrary in Chapter

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Packet Pg. 215 Attachment: CDD-Ord-LifeOutdoorsIZO3dExtension-101122 [Revision 1] (5201 : Extension of IZO 2704 (CCS) Temporary Use of Private Outdoor 13 eligible business is a restaurant, a menu within the private outdoor space that is subject to the temporary use of private outdoor space permit. e. Removal of new construction. Regardless of whether a building permit for any new construction in the private outdoor space is required or obtained, the City reserves the right to require the eligible business to remove any new construction in the private outdoor space following the expiration of these interim zoning regulations, or any permit issued for temporary use of private outdoor space pursuant to these interim zoning regulations, for any reason, including that the structure fails to comply with any provisions of Article IX of the Santa Monica Municipal Code, or any conditions to permits previously issued by the City, including, but not limited to, parking requirements and maximum floor area ratio that are temporarily suspended under Section 3 of these interim zoning regulations. The construction of a temporary deck or other structure in the private outdoor space does not confer any vested rights to any ongoing or continuing activities or use of such a deck or structure beyond the expiration of these interim zoning regulations or any permit issued for temporary use of private outdoor space pursuant to these interim zoning regulations. f. Compliance with Permit Requirements and Administrative Regulations. An eligible business that has obtained a temporary use of private outdoor space permit shall comply with any other permit requirements or conditions set forth in the administrative regulations issued under these interim zoning regulations.

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Packet Pg. 216 Attachment: CDD-Ord-LifeOutdoorsIZO3dExtension-101122 [Revision 1] (5201 : Extension of IZO 2704 (CCS) Temporary Use of Private Outdoor 14 3. Administrative Regulations.
a. The Director may adopt administrative regulations to implement the provisions of this Section 1(B), including, but not limited to, restrictions on hours of operation, and additional conditions for conducting the temporary outdoor eligible business activity use authorized by these interim zoning regulations.
b. No person shall fail to comply with the City’s administrative regulations.

C. Temporary Permitted Uses.

1. Notwithstanding anything to the contrary in the land use regulations set forth in Sections 9.07.020, 9.08.020, 9.09.080, 9.10.040, 9.11.020, 9.13.020,

9.14.020, or 9.15.020 of the Santa Monica Municipal Code, for the term set forth in Section 2(B) below, the following use classifications shall be temporarily permitted uses in all zoning districts:
a. Public safety facility, as defined by Santa Monica Municipal Code Section 9.51.030(A)(10); and
b. Emergency shelter, as defined by Santa Monica Municipal Code Section 9.51.020(A)(4); and
c. Drive-through facility for a clinic, as defined by Santa Monica Municipal Code Section 9.51.030(A)(8)(a); hospital, as defined by Santa Monica Municipal Code Section 9.51.030(A)(8)(b); general retail sales, small scale, as defined by Santa Monica Municipal Code Section

9.51.030(B)(22)(b) that is operating as a pharmacy; or general sales,

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Packet Pg. 217 Attachment: CDD-Ord-LifeOutdoorsIZO3dExtension-101122 [Revision 1] (5201 : Extension of IZO 2704 (CCS) Temporary Use of Private Outdoor 15 medium scale, as defined by Santa Monica Municipal Code Section

9.51.030(B)(22)(b) that is operating as a pharmacy, all for the limited purpose of conducting COVID-19 testing and vaccination services.

2. Establishment of and development standards for the above-listed uses shall be approved by the Director or designee. No conditional use permit or temporary use permit shall be required for any of the above-listed uses.

Development standards, design review, parking and access requirements and sign standards related to any of the above-listed uses may be waived at the discretion of the Director or designee.

D. Temporary Use Permits.

1. Business Improvement Districts and individual eligible businesses that have obtained a Temporary Use Permit in accordance with Santa Monica Municipal Code Chapter 9.44 may conduct sidewalk sales and other seasonal sales in accordance with Santa Monica Municipal Code Section 9.31.370, Temporary Uses and Seasonal Sales, without otherwise complying with the provisions of Santa Monica Municipal Code Chapter 6.40, Santa Monica Outdoors Pilot Program.

2. Notwithstanding anything to the contrary in Section 9.44.060 of the Santa Monica Municipal Code, the Director or designee may issue Temporary Use Permits for uses that are permitted pursuant to Santa Monica Municipal Code Section 9.31.370(b) of more than 45 consecutive days, but in no event more than 180 consecutive days, subject to making the required findings in Santa Monica Municipal Code Section 9.44.030 and any conditions of approval imposed by the

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Packet Pg. 218 Attachment: CDD-Ord-LifeOutdoorsIZO3dExtension-101122 [Revision 1] (5201 : Extension of IZO 2704 (CCS) Temporary Use of Private Outdoor 16 Director or designee pursuant to Santa Monica Municipal Code Section 9.44.040.

The Director may issue only one temporary use permit under this paragraph per use during the term set forth in Section 2(C) below. Applicants that were issued a temporary use permit for up to 180 days pursuant to the Twenty-Seventh Supplement may receive one temporary use permit for up to 180 days during the term set forth in Section 2(C).

E. Alcoholic Beverage Sales.

1. Off-site Alcohol Sales for Restaurants. Notwithstanding anything to the contrary in Section 9.31.040 of the Santa Monica Municipal Code, or any conditions to permits previously issued by the City, for the term set forth in Section 2(D) below, off-site alcohol sales shall be permitted for Restaurants, Full-Service, as that term is defined by Section 9.51.030(B)(8)(b) of the Santa Monica Municipal Code, and Restaurants, and Limited-Service and Take-Out, as that term is defined by Section 9.51.030(B)(8)(c) of the Santa Monica Municipal Code that:
a. Have obtained and are operating under a license to sell alcoholic beverages from the California Department of Alcoholic Beverage Control (“ABC”);
b. Have obtained and are operating under a Conditional Use Permit or Alcohol Exemption issued by the City of Santa Monica, or are operating as an existing alcohol outlet without a Conditional Use Permit pursuant to Section 9.31.040 of the Santa Monica Municipal Code; c. Conduct such sales in accordance with all conditions and requirements set forth in California Business and Professions Code

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Packet Pg. 219 Attachment: CDD-Ord-LifeOutdoorsIZO3dExtension-101122 [Revision 1] (5201 : Extension of IZO 2704 (CCS) Temporary Use of Private Outdoor 17 Section 23401.5 related to selling alcoholic beverages for off-sale consumption; and
d. Do not serve, deliver, or otherwise provide to the consumer any to-go alcoholic beverages before serving, delivering, or otherwise providing the consumer the meals sold in conjunction with any such to-go alcoholic beverages.

SECTION 2. Term of Temporary Uses Authorized by Interim Zoning Regulations.

A. Temporary Use of Private Outdoor Space. The Director’s authority to issue permits for temporary use of private outdoor space pursuant to Section 1(B) of these interim zoning regulations shall terminate and be of no further force and effect upon expiration of these interim zoning regulations, unless otherwise extended in accordance with Section 9.46.090(C) of the Santa Monica Municipal Code. Permits to authorize temporary use of private outdoor space issued pursuant to Section 1(B) of these interim zoning regulations shall terminate and be of no further force or effect beyond June 30, 2023December 31, 2022, unless otherwise extended or terminated earlier by the City at its discretion, and consistent with any noticing requirements set forth in the administrative regulations or the permit issued by the City.

B. Temporary Permitted Uses. Temporary permitted uses authorized by Section 1(C) of these interim zoning regulations shall terminate upon expiration of these interim zoning regulations, unless otherwise extended in accordance with Section

9.46.090(C) of the Santa Monica Municipal Code.

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Packet Pg. 220 Attachment: CDD-Ord-LifeOutdoorsIZO3dExtension-101122 [Revision 1] (5201 : Extension of IZO 2704 (CCS) Temporary Use of Private Outdoor 18 C. Temporary Use Permits. The Director’s authority to issue temporary use permits pursuant to Section 1(D) of these interim zoning regulations shall terminate and be of no further force and effect upon expiration of these interim zoning regulations, unless otherwise extended in accordance with Section 9.46.090(C) of the Santa Monica Municipal Code. Temporary uses permitted by temporary use permits issued pursuant to Section 1(D) of these interim zoning regulations shall terminate and be of no further force and effect in accordance with the terms of the temporary use permit.

SECTION 3. Temporary Suspension of Zoning Regulations.

The provisions of the City of Santa Monica Comprehensive Zoning Ordinance, Divisions 1 through 5 of Article IX of the Santa Monica Municipal Code, or any conditions to permits previously issued by the City, including, but not limited to, parking requirements (except for those relating to accessible parking) and maximum floor area ratio, are hereby temporarily suspended to the extent necessary to accommodate the temporary uses permitted by these interim zoning regulations and Santa Monica Municipal Code Chapter

6.40, Santa Monica Outdoors Pilot Program, and Santa Monica Municipal Code Chapter

6.42, Santa Monica Outdoors Parklet Program.

SECTION 4. No Vested Rights Conferred.

Eligible business activity authorized by these interim zoning regulations shall be conducted as a temporary use, or a temporary accessory use to a legally established

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Packet Pg. 221 Attachment: CDD-Ord-LifeOutdoorsIZO3dExtension-101122 [Revision 1] (5201 : Extension of IZO 2704 (CCS) Temporary Use of Private Outdoor 19 business that is located on the parcel, on an adjacent parcel, or, if the eligible business activity is conducted on a sidewalk, adjacent to the eligible business. Nothing in these interim zoning regulations, or any permits issued pursuant to these interim zoning regulations, shall be considered an entitlement or permit for permanent use or to confer any vested rights to any ongoing or continuing activities beyond the expiration of these interim zoning regulations, or the expiration of any permits issued pursuant to these interim zoning regulations.

SECTION 5. Enforcement.

A. Any person who violates any provision of these interim zoning regulations, including any administrative regulations, shall be guilty of an infraction, which shall be punishable by a fine not exceeding $250 dollars, or a misdemeanor, which shall be punishable by a fine not exceeding $500 dollars per violation or by imprisonment in the County Jail for a period not exceeding six months or by both such fine and imprisonment.

B. Any person who violates any provision of these interim zoning regulations, including any administrative regulations, shall be subject to administrative fines and administrative penalties pursuant to Chapter 1.09 and Chapter 1.10 of this Code.

C. Any person convicted of violating these interim zoning regulations in a criminal case, or found to be in violation of these interim zoning regulations in a civil or administrative case brought by a law enforcement agency, shall be ordered to reimburse the City and other participating law enforcement agencies their full investigative costs.

SECTION 6. Any provision of the Santa Monica Municipal Code or any appendix thereto inconsistent with the provisions of this Emergency Interim Zoning Ordinance, to

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Packet Pg. 222 Attachment: CDD-Ord-LifeOutdoorsIZO3dExtension-101122 [Revision 1] (5201 : Extension of IZO 2704 (CCS) Temporary Use of Private Outdoor 20 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 7. 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 ordinance would be subsequently declared invalid or unconstitutional.

SECTION 8. 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 9. This Emergency Interim Zoning Ordinance shall be of no further force or effect after June 30, 2023 unless it is otherwise extended pursuant to Santa Monica Municipal Code Section 9.46.090(C).

APPROVED AS TO FORM:
_______________________

DOUGLAS SLOAN
City Attorney

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Packet Pg. 223 Attachment: CDD-Ord-LifeOutdoorsIZO3dExtension-101122 [Revision 1] (5201 : Extension of IZO 2704 (CCS) Temporary Use of Private Outdoor 1 City Council Meeting: July 27, 2021 Santa Monica, California ORDINANCE NUMBER 2678 (CCS)
(City Council Series)

AN EMERGENCY INTERIM ZONING ORDINANCE OF THE CITY COUNCIL OF

THE CITY OF SANTA MONICA EXTENDING INTERIM ZONING REGULATIONS

ESTABLISHED BY EMERGENCY INTERIM ZONING ORDINANCE NUMBER 2674 (CCS) AUTHORIZING TEMPORARY USE OF PRIVATE OUTDOOR SPACE;

TEMPORARY PERMITTED USES FOR EMERGENCY SHELTERS, PUBLIC SAFETY FACILITIES, AND DRIVE-THROUGH FACILITIES FOR COVID-19 TESTING AND VACCINATION PURPOSES; AND FLEXIBILITY IN ISSUANCE OF

TEMPORARY USE PERMITS AND ALCOHOLIC BEVERAGE SALES
WHEREAS, the novel coronavirus 19 (“COVID-19”) disease is caused by a virus that spreads easily from person to person and may result in serious illness or death, and is classified by the World Health Organization (“WHO”) as a worldwide pandemic; and WHEREAS, COVID-19 has broadly spread throughout California and, in the absence of herd immunity achieved through vaccinations, presents a significant health risk to the community, especially members of our most vulnerable populations; and WHEREAS, on March 13, 2020, the City Manager, in his role as the Director of Emergency Services, proclaimed the existence of a local emergency pursuant to Chapter

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Packet Pg. 224 Attachment: Ord 2678 (7-27-21) (5201 : Extension of IZO 2704 (CCS) Temporary Use of Private Outdoor Space (20 mins)) 2 WHEREAS, on March 17, 2020, the Director of Emergency Services issued a Revised Fourth Supplement to the Executive Order (“Revised Fourth Supplement”), which among other things, permitted public safety facilities, hospitals, clinics, and emergency shelters in all zoning districts and allowed the Director of the Community Development Department or designee to waive development standards, design review, parking and access requirements, and sign standards related to such uses, and allowed drive-through facilities for clinics, convenience markets, farmers markets, general markets, hospitals, pharmacies, and restaurants; 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, and as part of these amendments and modifications, nonessential businesses, including restaurants, lower-risk retail businesses, and gym and fitness establishments were subject to, at various times, prohibitions on operating indoors or restrictions on capacity; and
WHEREAS, on March 21, 2020, the Director of Emergency Services issued a Seventh Supplement to the Executive Order aligning the Santa Monica Municipal Code with a California Department of Alcoholic Beverage Control (“ABC”) “Notice of Regulatory Relief” permitting restaurants and retailers holding valid ABC licenses to sell alcoholic beverages for off-site consumption via delivery and take-out; and DocuSign Envelope ID: 01ED5CF1-C78E-4E94-8C69-873658C3B0C2

10.C.b
Packet Pg. 225 Attachment: Ord 2678 (7-27-21) (5201 : Extension of IZO 2704 (CCS) Temporary Use of Private Outdoor Space (20 mins)) 3 WHEREAS, on May 29, 2020, the Director of Emergency Services issued an Eighteenth Supplement to the Executive Order, which, among other things, authorized temporary outdoor dining extensions to adjacent sidewalk and/or adjacent parking, courtyard, or other private open space owned by the restaurant; and WHEREAS, on June 23, 2020, the Director of Emergency Services issued a Second Revised Eighteenth Supplement to the Executive Order that modified the First Revised Eighteenth Supplement to, among other things: extend the authorization for temporary dining to adjacent private spaces not owned by the restaurant and to sidewalks in front of adjacent buildings with the consent of either the owner or tenant; extend the authorization for temporary dining to areas of the Pier to be specified by the Director of the Community Development Department subject to specified conditions and any additional regulations; extend the authorization for temporary dining to portions of the sidewalk or roadway in the Third Street Promenade to be specified by the Director of the Community Development Department subject to specified conditions and any additional regulations; authorize the temporary use by businesses of adjacent sidewalks, adjacent private outdoor space, and areas of the Pier to be specified by the Director of the Community Development Department for business activities other than temporary dining, subject to specified conditions and any additional regulations; and authorize restaurants and other businesses to establish temporary parklets for business activities and outdoor dining in on-street parking and loading spaces adjacent to the restaurant or business, subject to specified conditions, specified design and safety specifications, and any additional regulations; and
DocuSign Envelope ID: 01ED5CF1-C78E-4E94-8C69-873658C3B0C2

10.C.b
Packet Pg. 226 Attachment: Ord 2678 (7-27-21) (5201 : Extension of IZO 2704 (CCS) Temporary Use of Private Outdoor Space (20 mins)) 4 WHEREAS, the Second Revised Eighteenth Supplement also authorized Business Improvement Districts and individual eligible businesses that have obtained a temporary use permit to conduct sidewalk sales and other seasonal sales without otherwise complying with the provisions of the Executive Order; and WHEREAS, on August 22, 2020, the Director of Emergency Services issued a Third Revised Eighteenth Supplement to the Executive Order (“Third Revised Eighteenth Supplement”), which, among other things, superseded and replaced the prior versions of the Eighteenth Supplement, authorized the specified uses of public and private outdoor spaces through the duration of the County’s Health Officer Order, plus an additional 30 days, made other modification governing the conditions for use of the public and private space, and set fines for violations of the conditions for operating in the public right-of-way and in private outdoor spaces through administrative citations; and WHEREAS, on October 7, 2020, the Director of Emergency Services issued a Twenty-Seventh Supplement to the Executive Order (“Twenty-Seventh Supplement”), which, among other things, authorized the Director of the Community Development Department to issue regulations regarding and issue temporary use permits for certain uses allowed by the County Safer at Home Order, including temporary outdoor sales and special events, for a period longer than 45 days but less than 180 days and waived processing fees for such temporary use permits; and
WHEREAS, on November 23, 2020, the Director of Emergency Services issued a Twenty-Eighth Supplement to the Executive Order (“Twenty-Eighth Supplement”), which, among other things, authorized the Director of the Community Development Department to issue permits for and regulations regarding the temporary extension by certain eligible DocuSign Envelope ID: 01ED5CF1-C78E-4E94-8C69-873658C3B0C2

10.C.b
Packet Pg. 227 Attachment: Ord 2678 (7-27-21) (5201 : Extension of IZO 2704 (CCS) Temporary Use of Private Outdoor Space (20 mins)) 5 businesses of their operations into unused portions of the parking lane on Main Street where the City has placed K-rails and authorized such use through the duration of the County’s Health Officer Order, plus an additional 30 days; and WHEREAS, on December 8, 2020, the Director of Emergency Services issued a Thirtieth Supplement to the Executive Order (“Thirtieth Supplement”), which, among other things, superseded and replaced Sections 1 through 3 of the Seventh Supplement with amended rules regarding off-site and retail alcohol sales that, in particular, add the requirement that authorized sales of to-go alcoholic beverages may be delivered to customers only at the same time as the required accompanying meals; and WHEREAS, on January 28, 2021, the Director of Emergency Services issued a Thirty-Third Supplement to the Executive Order (“Thirty-Third Supplement”), which, among other things, authorized satellite outdoor dining in portions of the roadway in the Third Street Promenade pursuant to limitations set out in the supplement and regulations to be issued by the Director of the Community Development Department and authorized such use through the duration of the County’s Health Officer Order, plus an additional 30 days; and
WHEREAS, on March 19, April 6, April 14, May 12, May 26, June 9, June 23, July 14, July 28, September 8, October 27, and December 15, 2020, as well as on January 26, March 23, and effective May 22, 2021, the City Council ratified the Executive Order, as well as the supplements to the Executive Order in place at the time, including the Revised Fourth, Third Revised Eighteenth, Twenty-Seventh, Twenty-Eighth, Thirtieth, and Thirty-Third Supplements; and
DocuSign Envelope ID: 01ED5CF1-C78E-4E94-8C69-873658C3B0C2

10.C.b
Packet Pg. 228 Attachment: Ord 2678 (7-27-21) (5201 : Extension of IZO 2704 (CCS) Temporary Use of Private Outdoor Space (20 mins)) 6 WHEREAS, the City has issued approximately 70 permits to use private outdoor space pursuant to the Third Revised Eighteenth, Twenty-Eighth, and Thirty-Third Supplements; and
WHEREAS, the eligible businesses and restaurants with permits to use public and outdoor space as authorized under the Third Revised Eighteenth, Twenty-Eighth, and Thirty-Third Supplements have been issued temporary outdoor permits or entered into temporary outdoor encroachment agreements with the City, the terms of which are coterminous with the County’s Health Officer Order plus an additional 30 days; 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 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, as a result of the restrictions imposed by the State’s COVID-19- related guidance and the County’s Health Officer Order, businesses, and particularly DocuSign Envelope ID: 01ED5CF1-C78E-4E94-8C69-873658C3B0C2

10.C.b
Packet Pg. 229 Attachment: Ord 2678 (7-27-21) (5201 : Extension of IZO 2704 (CCS) Temporary Use of Private Outdoor Space (20 mins)) 7 restaurants, have suffered significant economic hardships; for example, according to Santa Monica’s fourth quarter sales tax report from 2020, restaurants are down 50-66% in sales from the same quarter in 2019 just prior to COVID-19; and WHEREAS, on June 8, 2021, as a result of the State and County’s announcements regarding a planned June 15 reopening, the City Council adopted Emergency Interim Zoning Ordinance Number 2674 (CCS) (“Emergency IZO 2674”) establishing interim zoning regulations to support economic recovery following the anticipated termination of the authorizations to use public space for outdoor business activities as set forth in the City’s Third Revised Eighteenth, Twenty-Eighth, and Thirty-Third Supplements, and to support continued emergency response and pandemic recovery, by authorizing:
temporary use of private outdoor space; temporary permitted uses for emergency shelters, public safety facilities, and drive through facilities for Covid-19 testing and vaccination purposes; and flexibility in issuance of temporary use permits and alcoholic beverage sales; and
WHEREAS, on June 8, 2021, concurrently with consideration of Emergency IZO 2674, the City Council adopted Ordinance Number 2673 (CCS), an emergency ordinance adding Santa Monica Municipal Code Chapter 6.40, Santa Monica Outdoors Pilot Program, authorizing continued use of public space under the Third Revised Eighteenth, Twenty-Eighth and Thirty-Third Supplements; and
WHEREAS, on June 14, 2021, the Director of Emergency Services issued a ThirtySeventh Supplement to the Executive Order (“Thirty-Seventh Supplement”) which, among other things, allowed provisions of the Revised Fourth, Third Revised Eighteenth, Twenty-Sixth, Twenty-Seventh, Twenty-Eighth, Thirtieth, and Thirty-Third Supplements DocuSign Envelope ID: 01ED5CF1-C78E-4E94-8C69-873658C3B0C2

10.C.b
Packet Pg. 230 Attachment: Ord 2678 (7-27-21) (5201 : Extension of IZO 2704 (CCS) Temporary Use of Private Outdoor Space (20 mins)) 8 authorizing continued use of public and private outdoor space for business, emergency response, and pandemic recovery activities to expire because they had been superseded by the adoption of Emergency IZO 2674 and Ordinance 2673; and WHEREAS, Emergency IZO 2674 further supports economic recovery by temporarily suspending zoning regulations and provisions of previously-issued permits, including, but not limited to, parking requirements (except for those relating to accessible parking) and maximum floor area ratio, to the extent necessary to accommodate the temporary uses permitted by Emergency IZO 2674 and the Santa Monica Outdoors Pilot Program; and
WHEREAS, continuing to allow eligible businesses to expand their operations to certain public and private outdoor spaces, and providing continued flexibility in the issuance of temporary use permits and alcoholic beverage sales, will facilitate business recovery, generate increased sales tax revenue for the City, and provide City staff the time necessary to develop and bring to Council a permanent and expanded program for businesses to use public and private outdoor space for their operations; and WHEREAS, continuing to permit emergency shelters and public safety facilities, and drive-through facilities for COVID-19 testing and vaccination sites offered by hospitals, clinics, and pharmacies in all zoning districts provides flexibility in uses related to health and safety that are supportive of emergency response and pandemic 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 as a result of the termination of the authorizations for: temporary use of public and private DocuSign Envelope ID: 01ED5CF1-C78E-4E94-8C69-873658C3B0C2

10.C.b
Packet Pg. 231 Attachment: Ord 2678 (7-27-21) (5201 : Extension of IZO 2704 (CCS) Temporary Use of Private Outdoor Space (20 mins)) 9 outdoor space as provided by the Third Revised Eighteenth, Twenty-Eighth, and ThirtyThird Supplements; permitted emergency shelters, public safety facilities, and drivethrough facilities for COVID-19 testing and vaccination purposes in all zoning districts as provided by the Revised Fourth Supplement; issuance of temporary use permits as provided by the Third Revised Eighteenth and Twenty-Seventh Supplements; and allowed flexibility in off-site and retail sales of alcoholic beverages as provided by the Thirtieth Supplement; that approval of additional subdivisions, use permits, variances, building permits, or any other applicable entitlement in accordance with current zoning regulations would impede the City’s ability to allow for uses related to health and safety that are supportive of emergency response and pandemic recovery and cause disruption to and economic harm to the City’s businesses; and that as a result extension of the interim zoning regulations adopted by Emergency IZO 2674 pursuant to this emergency interim zoning ordinance is 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. Authorization for Temporary Uses.

A. Definitions. The following words and phrases have the following meanings when used in these interim zoning regulations:

1. “Eligible business” means (a) a business that operates out of a physical location in the City and has received any necessary entitlements from the City to operate; and (b) the use of the physical location by the business is a nonresidential use classification that is permitted or conditionally permitted in the DocuSign Envelope ID: 01ED5CF1-C78E-4E94-8C69-873658C3B0C2

10.C.b
Packet Pg. 232 Attachment: Ord 2678 (7-27-21) (5201 : Extension of IZO 2704 (CCS) Temporary Use of Private Outdoor Space (20 mins)) 10 district, other than a liquor store, or an automobile/vehicle service and repair, minor or major, as those terms are defined by Santa Monica Municipal Code Section

9.51.030.

3. “Director” means the Director of the Community Development Department or designee.

6.40. B. Temporary Use of Private Outdoor Space.

DocuSign Envelope ID: 01ED5CF1-C78E-4E94-8C69-873658C3B0C2

10.C.b
Packet Pg. 233 Attachment: Ord 2678 (7-27-21) (5201 : Extension of IZO 2704 (CCS) Temporary Use of Private Outdoor Space (20 mins)) 11 2. Temporary Use of Private Outdoor Space Requirements. a. Application and Fees. Any eligible business seeking to obtain a temporary use of private outdoor space permit shall submit an application using a form designated by the Director for that purpose. Any application shall be accompanied by the required fee, if any, adopted in accordance with Santa Monica Municipal Code Section 9.37.020(C).
b. Permit required. No person may conduct a temporary use of private outdoor space without having obtained a permit from the City. c. Posting of Temporary Use of Outdoor Private Space Permit Required. The temporary use of private outdoor space permit shall be displayed by the eligible business during business hours. d. Signs. Notwithstanding anything to the contrary in Chapter

10.C.b
Packet Pg. 234 Attachment: Ord 2678 (7-27-21) (5201 : Extension of IZO 2704 (CCS) Temporary Use of Private Outdoor Space (20 mins)) 12 zoning regulations, for any reason, including that the structure fails to comply with any provisions of Article IX of the Santa Monica Municipal Code, or any conditions to permits previously issued by the City, including, but not limited to, parking requirements and maximum floor area ratio that are temporarily suspended under Section 3 of these interim zoning regulations. The construction of a temporary deck or other structure in the private outdoor space does not confer any vested rights to any ongoing or continuing activities or use of such a deck or structure beyond the expiration of these interim zoning regulations or any permit issued for temporary use of private outdoor space pursuant to these interim zoning regulations. f. Compliance with Permit Requirements and Administrative Regulations. An eligible business that has obtained a temporary use of private outdoor space permit shall comply with any other permit requirements or conditions set forth in the administrative regulations issued under these interim zoning regulations.

3. Administrative Regulations.
a. The Director may adopt administrative regulations to implement the provisions of this Section 1(B), including, but not limited to, restrictions on hours of operation, and additional conditions for conducting DocuSign Envelope ID: 01ED5CF1-C78E-4E94-8C69-873658C3B0C2

10.C.b
Packet Pg. 235 Attachment: Ord 2678 (7-27-21) (5201 : Extension of IZO 2704 (CCS) Temporary Use of Private Outdoor Space (20 mins)) 13 the temporary outdoor eligible business activity use authorized by these interim zoning regulations.
b. No person shall fail to comply with the City’s administrative regulations.

C. Temporary Permitted Uses.

1. Notwithstanding anything to the contrary in the land use regulations set forth in Sections 9.07.020, 9.08.020, 9.09.080, 9.10.040, 9.11.020, 9.13.020,

9.51.030(B)(22)(b) that is operating as a pharmacy; or general sales, medium scale, as defined by Santa Monica Municipal Code Section

9.51.030(B)(22)(b) that is operating as a pharmacy, all for the limited purpose of conducting COVID-19 testing and vaccination services.

DocuSign Envelope ID: 01ED5CF1-C78E-4E94-8C69-873658C3B0C2

10.C.b
Packet Pg. 236 Attachment: Ord 2678 (7-27-21) (5201 : Extension of IZO 2704 (CCS) Temporary Use of Private Outdoor Space (20 mins)) 14 2. Establishment of and development standards for the above-listed uses shall be approved by the Director or designee. No conditional use permit or temporary use permit shall be required for any of the above-listed uses.

Development standards, design review, parking and access requirements and sign standards related to any of the above-listed uses may be waived at the discretion of the Director or designee.

D. Temporary Use Permits.

The Director may issue only one temporary use permit under this paragraph per use during the term set forth in Section 2(C) below. Applicants that were issued a DocuSign Envelope ID: 01ED5CF1-C78E-4E94-8C69-873658C3B0C2

10.C.b
Packet Pg. 237 Attachment: Ord 2678 (7-27-21) (5201 : Extension of IZO 2704 (CCS) Temporary Use of Private Outdoor Space (20 mins)) 15 temporary use permit for up to 180 days pursuant to the Twenty-Seventh Supplement may receive one temporary use permit for up to 180 days during the term set forth in Section 2(C).

E. Alcoholic Beverage Sales.

10.C.b
Packet Pg. 238 Attachment: Ord 2678 (7-27-21) (5201 : Extension of IZO 2704 (CCS) Temporary Use of Private Outdoor Space (20 mins)) 16 d. Do not serve, deliver, or otherwise provide to the consumer any to-go alcoholic beverages before serving, delivering, or otherwise providing the consumer the meals sold in conjunction with any such to-go alcoholic beverages.

2. Retail Sales. Notwithstanding anything to the contrary in Section

9.31.040, or any conditions to permits previously issued by the City, for the term set forth in Section 2(D) below, retail sales of alcohol shall be permitted in accordance with the conditions and requirements set forth in ABC’s First Notice of Regulatory Relief issued on March 19, 2020 and the Second Notice of Regulatory Relief issued on April 1, 2020 for Convenience Markets, as that term is defined by Section 9.52.030(B)(10)(a) of the Santa Monica Municipal Code, General Markets, as that term is defined by Section 9.51.030(B)(10)(c) of the Santa Monica Municipal Code, and Liquor Stores, as that term is defined by Section

9.51.030(B)(10)(d) that:
a. Have obtained and are operating under a license to sell alcoholic beverages from ABC;
b. Have obtained and are operating under a Conditional Use Permit or Alcohol Exemption issued by the City of Santa Monica, or are operating as an existing alcohol outlet without a Conditional Use Permit pursuant to Section 9.31.040 of the Santa Monica Municipal Code; and c. Conduct such sales in accordance with all conditions and requirements set forth in ABC’s First Notice of Regulatory Relief issued on March 19, 2020 and the Second Notice of Regulatory Relief issued on April DocuSign Envelope ID: 01ED5CF1-C78E-4E94-8C69-873658C3B0C2

10.C.b
Packet Pg. 239 Attachment: Ord 2678 (7-27-21) (5201 : Extension of IZO 2704 (CCS) Temporary Use of Private Outdoor Space (20 mins)) 17 1, 2020, including, but not limited to, Off-Sale Transactions Through PassOut Windows, Hours of Operations for Retail Sales, and Deliveries to Consumers.

SECTION 2. Term of Temporary Uses Authorized by Interim Zoning Regulations.

A. Temporary Use of Private Outdoor Space. The Director’s authority to issue permits for temporary use of private outdoor space pursuant to Section 1(B) of these interim zoning regulations shall terminate and be of no further force and effect upon expiration of these interim zoning regulations, unless otherwise extended in accordance with Section 9.46.090(C) of the Santa Monica Municipal Code. Permits to authorize temporary use of private outdoor space issued pursuant to Section 1(B) of these interim zoning regulations shall terminate and be of no further force or effect beyond June 30, 2022, unless otherwise extended or terminated earlier by the City at its discretion, and consistent with any noticing requirements set forth in the administrative regulations or the permit issued by the City.

9.46.090(C) of the Santa Monica Municipal Code.

10.C.b
Packet Pg. 240 Attachment: Ord 2678 (7-27-21) (5201 : Extension of IZO 2704 (CCS) Temporary Use of Private Outdoor Space (20 mins)) 18 Municipal Code. Temporary uses permitted by temporary use permits issued pursuant to Section 1(D) of these interim zoning regulations shall terminate and be of no further force and effect in accordance with the terms of the temporary use permit.

D. Alcohol Sales. Alcohol sales authorized by Section 1(E) of these interim zoning regulations shall terminate upon expiration of these interim zoning regulations, unless otherwise extended in accordance with Section 9.46.090(C) of the Santa Monica Municipal Code, or upon termination of the Notice of Regulatory Relief issued by ABC authorizing such sales, whichever is sooner.

SECTION 3. Temporary Suspension of Zoning Regulations.

6.40, Santa Monica Outdoors Pilot Program.

SECTION 4. No Vested Rights Conferred.

Eligible business activity authorized by these interim zoning regulations shall be conducted as a temporary use, or a temporary accessory use to a legally established business that is located on the parcel, on an adjacent parcel, or, if the eligible business activity is conducted on a sidewalk, adjacent to the eligible business. Nothing in these interim zoning regulations, or any permits issued pursuant to these interim zoning regulations, shall be considered an entitlement or permit for permanent use or to confer DocuSign Envelope ID: 01ED5CF1-C78E-4E94-8C69-873658C3B0C2

10.C.b
Packet Pg. 241 Attachment: Ord 2678 (7-27-21) (5201 : Extension of IZO 2704 (CCS) Temporary Use of Private Outdoor Space (20 mins)) 19 any vested rights to any ongoing or continuing activities beyond the expiration of these interim zoning regulations, or the expiration of any permits issued pursuant to these interim zoning regulations.

SECTION 5. Enforcement.

SECTION 6. 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.

10.C.b
Packet Pg. 242 Attachment: Ord 2678 (7-27-21) (5201 : Extension of IZO 2704 (CCS) Temporary Use of Private Outdoor Space (20 mins)) 20 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 ordinance would be subsequently declared invalid or unconstitutional.

SECTION 9. This Emergency Interim Zoning Ordinance shall be of no further force or effect after June 30, 2022 unless it is otherwise extended pursuant to Santa Monica Municipal Code Section 9.46.090(C).

APPROVED AS TO FORM:
_______________________
GEORGE S. CARDONA
Interim City Attorney
DocuSign Envelope ID: 01ED5CF1-C78E-4E94-8C69-873658C3B0C2

10.C.b
Packet Pg. 243 Attachment: Ord 2678 (7-27-21) (5201 : Extension of IZO 2704 (CCS) Temporary Use of Private Outdoor Space (20 mins)) Approved and adopted this 27th day of July, 2021.
_____________________________
Sue Himmelrich, Mayor
State of California )
County of Los Angeles ) ss.

City of Santa Monica )
I, Denise Anderson-Warren, City Clerk of the City of Santa Monica, do hereby certify that the foregoing Ordinance No. 2678 (CCS) had its introduction and adoption at the Santa Monica City Council meeting held on July 27, 2021, by the following vote:

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

ATTEST:
_____________________________________ _________________ Denise Anderson-Warren, City Clerk Date

A summary of Ordinance No. 2678 (CCS) was duly published pursuant to California Government Code Section 40806.

DocuSign Envelope ID: 01ED5CF1-C78E-4E94-8C69-873658C3B0C2 8/4/2021

10.C.b
Packet Pg. 244 Attachment: Ord 2678 (7-27-21) (5201 : Extension of IZO 2704 (CCS) Temporary Use of Private Outdoor Space (20 mins)) 1 City Council Meeting: May 10, 2022 Santa Monica, California ORDINANCE NUMBER 2704 (CCS)
(City Council Series)

AN EMERGENCY INTERIM ZONING ORDINANCE OF THE CITY COUNCIL OF

THE CITY OF SANTA MONICA AMENDING AND EXTENDING INTERIM ZONING

REGULATIONS ESTABLISHED BY EMERGENCY INTERIM ZONING
ORDINANCE NUMBER 2674 (CCS) AND EXTENDED BY EMERGENCY INTERIM ZONING ORDINANCE 2678 (CCS) AUTHORIZING TEMPORARY USE OF PRIVATE OUTDOOR SPACE; TEMPORARY PERMITTED USES FOR
EMERGENCY SHELTERS, PUBLIC SAFETY FACILITIES, AND DRIVETHROUGH FACILITIES FOR COVID-19 TESTING AND VACCINATION PURPOSES; AND FLEXIBILITY IN ISSUANCE OF TEMPORARY USE PERMITS

AND ALCOHOLIC BEVERAGE SALES
WHEREAS, the novel coronavirus 19 (“COVID-19”) disease is caused by a virus that spreads easily from person to person and may result in serious illness or death, and is classified by the World Health Organization (“WHO”) as a worldwide pandemic; and WHEREAS, on March 13, 2020, the City Manager, in his role as the 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 COVID-19 pandemic, 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 (“Revised Fourth Supplement”), which among other things, permitted public safety facilities, hospitals, clinics, and DocuSign Envelope ID: 620CC560-C84C-430C-9B20-84FC4B46A81C

10.C.c
Packet Pg. 245 Attachment: Ord 2704 (5-10-22) (5201 : Extension of IZO 2704 (CCS) Temporary Use of Private Outdoor Space (20 mins)) 2 emergency shelters in all zoning districts and allowed the Director of the Community Development Department or designee to waive development standards, design review, parking and access requirements, and sign standards related to such uses, and allowed drive-through facilities for clinics, convenience markets, farmers markets, general markets, hospitals, pharmacies, and restaurants; 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, and as part of these amendments and modifications, nonessential businesses, including restaurants, lower-risk retail businesses, and gym and fitness establishments were subject to, at various times, prohibitions on operating indoors or restrictions on capacity; and
WHEREAS, on March 21, 2020, the Director of Emergency Services issued a Seventh Supplement to the Executive Order aligning the Santa Monica Municipal Code with a California Department of Alcoholic Beverage Control (“ABC”) “Notice of Regulatory Relief” permitting restaurants and retailers holding valid ABC licenses to sell alcoholic beverages for off-site consumption via delivery and take-out; and WHEREAS, on May 29, 2020, the Director of Emergency Services issued an Eighteenth Supplement to the Executive Order, which, among other things, authorized DocuSign Envelope ID: 620CC560-C84C-430C-9B20-84FC4B46A81C

10.C.c
Packet Pg. 246 Attachment: Ord 2704 (5-10-22) (5201 : Extension of IZO 2704 (CCS) Temporary Use of Private Outdoor Space (20 mins)) 3 temporary outdoor dining extensions to adjacent sidewalk and/or adjacent parking, courtyard, or other private open space owned by the restaurant; and WHEREAS, on June 23, 2020, the Director of Emergency Services issued a Second Revised Eighteenth Supplement to the Executive Order that modified the First Revised Eighteenth Supplement to, among other things: extend the authorization for temporary dining to adjacent private spaces not owned by the restaurant and to sidewalks in front of adjacent buildings with the consent of either the owner or tenant; extend the authorization for temporary dining to areas of the Pier to be specified by the Director of the Community Development Department subject to specified conditions and any additional regulations; extend the authorization for temporary dining to portions of the sidewalk or roadway in the Third Street Promenade to be specified by the Director of the Community Development Department subject to specified conditions and any additional regulations; authorize the temporary use by businesses of adjacent sidewalks, adjacent private outdoor space, and areas of the Pier to be specified by the Director of the Community Development Department for business activities other than temporary dining, subject to specified conditions and any additional regulations; and authorize restaurants and other businesses to establish temporary parklets for business activities and outdoor dining in on-street parking and loading spaces adjacent to the restaurant or business, subject to specified conditions, specified design and safety specifications, and any additional regulations; and
WHEREAS, the Second Revised Eighteenth Supplement also authorized Business Improvement Districts and individual eligible businesses that have obtained a DocuSign Envelope ID: 620CC560-C84C-430C-9B20-84FC4B46A81C

10.C.c
Packet Pg. 247 Attachment: Ord 2704 (5-10-22) (5201 : Extension of IZO 2704 (CCS) Temporary Use of Private Outdoor Space (20 mins)) 4 temporary use permit to conduct sidewalk sales and other seasonal sales without otherwise complying with the provisions of the Executive Order; and WHEREAS, on August 22, 2020, the Director of Emergency Services issued a Third Revised Eighteenth Supplement to the Executive Order (“Third Revised Eighteenth Supplement”), which, among other things, superseded and replaced the prior versions of the Eighteenth Supplement, authorized the specified uses of public and private outdoor spaces through the duration of the County’s Health Officer Order, plus an additional 30 days, made other modification governing the conditions for use of the public and private space, and set fines for violations of the conditions for operating in the public right-of-way and in private outdoor spaces through administrative citations; and WHEREAS, on October 7, 2020, the Director of Emergency Services issued a Twenty-Seventh Supplement to the Executive Order (“Twenty-Seventh Supplement”), which, among other things, authorized the Director of the Community Development Department to issue regulations regarding and issue temporary use permits for certain uses allowed by the County Safer at Home Order, including temporary outdoor sales and special events, for a period longer than 45 days but less than 180 days and waived processing fees for such temporary use permits; and
WHEREAS, on November 23, 2020, the Director of Emergency Services issued a Twenty-Eighth Supplement to the Executive Order (“Twenty-Eighth Supplement”), which, among other things, authorized the Director of the Community Development Department to issue permits for and regulations regarding the temporary extension by certain eligible businesses of their operations into unused portions of the parking lane on Main Street DocuSign Envelope ID: 620CC560-C84C-430C-9B20-84FC4B46A81C

10.C.c
Packet Pg. 248 Attachment: Ord 2704 (5-10-22) (5201 : Extension of IZO 2704 (CCS) Temporary Use of Private Outdoor Space (20 mins)) 5 where the City has placed K-rails and authorized such use through the duration of the County’s Health Officer Order, plus an additional 30 days; and WHEREAS, on December 8, 2020, the Director of Emergency Services issued a Thirtieth Supplement to the Executive Order (“Thirtieth Supplement”), which, among other things, superseded and replaced Sections 1 through 3 of the Seventh Supplement with amended rules regarding off-site and retail alcohol sales that, in particular, add the requirement that authorized sales of to-go alcoholic beverages may be delivered to customers only at the same time as the required accompanying meals; and WHEREAS, on January 28, 2021, the Director of Emergency Services issued a Thirty-Third Supplement to the Executive Order (“Thirty-Third Supplement”), which, among other things, authorized satellite outdoor dining in portions of the roadway in the Third Street Promenade pursuant to limitations set out in the supplement and regulations to be issued by the Director of the Community Development Department and authorized such use through the duration of the County’s Health Officer Order, plus an additional 30 days; and
WHEREAS, on March 19, April 6, April 14, May 12, May 26, June 9, June 23, July 14, July 28, September 8, October 27, and December 15, 2020, as well as on January 26, March 23, and effective May 22, 2021, the City Council ratified the Executive Order, as well as the supplements to the Executive Order in place at the time, including the Revised Fourth, Third Revised Eighteenth, Twenty-Seventh, Twenty-Eighth, Thirtieth, and Thirty-Third Supplements; and
DocuSign Envelope ID: 620CC560-C84C-430C-9B20-84FC4B46A81C

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Packet Pg. 249 Attachment: Ord 2704 (5-10-22) (5201 : Extension of IZO 2704 (CCS) Temporary Use of Private Outdoor Space (20 mins)) 6 WHEREAS, the City has issued approximately 70 permits to use private outdoor space pursuant to the Third Revised Eighteenth, Twenty-Eighth, and Thirty-Third Supplements; and
WHEREAS, the eligible businesses and restaurants with permits to use public and outdoor space as authorized under the Third Revised Eighteenth, Twenty-Eighth, and Thirty-Third Supplements have been issued temporary outdoor permits or entered into temporary outdoor encroachment agreements with the City, the terms of which are coterminous with the County’s Health Officer Order plus an additional 30 days; 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 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, as a result of the restrictions imposed by the State’s COVID-19- related guidance and the County’s Health Officer Order, businesses, and particularly DocuSign Envelope ID: 620CC560-C84C-430C-9B20-84FC4B46A81C

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Packet Pg. 250 Attachment: Ord 2704 (5-10-22) (5201 : Extension of IZO 2704 (CCS) Temporary Use of Private Outdoor Space (20 mins)) 7 restaurants, have suffered significant economic hardships; for example, according to Santa Monica’s fourth quarter sales tax report from 2020, restaurants are down 50-66% in sales from the same quarter in 2019 just prior to COVID-19; and WHEREAS, on June 8, 2021, as a result of the State and County’s announcements regarding a planned June 15 reopening, the City Council adopted Emergency Interim Zoning Ordinance Number 2674 (CCS) (“Emergency IZO 2674”) establishing interim zoning regulations to support economic recovery following the anticipated termination of the authorizations to use public space for outdoor business activities as set forth in the City’s Third Revised Eighteenth, Twenty-Eighth, and Thirty-Third Supplements, and to support continued emergency response and pandemic recovery, by authorizing:
temporary use of private outdoor space; temporary permitted uses for emergency shelters, public safety facilities, and drive through facilities for Covid-19 testing and vaccination purposes; and flexibility in issuance of temporary use permits and alcoholic beverage sales; and
WHEREAS, on June 8, 2021, concurrently with consideration of Emergency IZO 2674, the City Council adopted Ordinance Number 2673 (CCS), an emergency ordinance adding Santa Monica Municipal Code Chapter 6.40, Santa Monica Outdoors Pilot Program, authorizing continued use of public space under the Third Revised Eighteenth, Twenty-Eighth and Thirty-Third Supplements; and
WHEREAS, on June 14, 2021, the Director of Emergency Services issued a ThirtySeventh Supplement to the Executive Order (“Thirty-Seventh Supplement”) which, among other things, allowed provisions of the Revised Fourth, Third Revised Eighteenth, Twenty-Sixth, Twenty-Seventh, Twenty-Eighth, Thirtieth, and Thirty-Third Supplements DocuSign Envelope ID: 620CC560-C84C-430C-9B20-84FC4B46A81C

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Packet Pg. 251 Attachment: Ord 2704 (5-10-22) (5201 : Extension of IZO 2704 (CCS) Temporary Use of Private Outdoor Space (20 mins)) 8 authorizing continued use of public and private outdoor space for business, emergency response, and pandemic recovery activities to expire because they had been superseded by the adoption of Emergency IZO 2674 and Ordinance 2673; and WHEREAS, on July 27, 2021, the City Council adopted Emergency Interim Zoning Ordinance Number 2678 (CCS) extending the interim zoning regulations established by Emergency IZO 2674 (the “interim zoning regulations”) until June 30, 2022; and WHEREAS, on December 31, 2021, the Notice of Regulatory Relief expired, including provisions authorizing off-site sales of alcoholic beverages by restaurants, and flexibility in retail sales of alcoholic beverages; and WHEREAS, on January 1, 2022, SB 389 became effective, which extends authority for off-site sales of alcoholic beverages by restaurants; and WHEREAS, the interim zoning regulations support economic recovery by temporarily suspending zoning regulations and provisions of previously-issued permits, including, but not limited to, parking requirements (except for those relating to accessible parking) and maximum floor area ratio, to the extent necessary to accommodate the temporary uses permitted by Emergency IZO 2674 and the Santa Monica Outdoors Pilot Program; and
WHEREAS, currently, and in accordance with the interim zoning regulations, 87 local businesses are using a Temporary Outdoor Use Permit to conduct retail, restaurant, and fitness activities on private outdoor property—surface parking lots, courtyards, and other spaces on associated privately-owned commercial property—to help offset any pandemic-related indoor use restrictions or accommodate customer preference of being outdoors; and
DocuSign Envelope ID: 620CC560-C84C-430C-9B20-84FC4B46A81C

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Packet Pg. 252 Attachment: Ord 2704 (5-10-22) (5201 : Extension of IZO 2704 (CCS) Temporary Use of Private Outdoor Space (20 mins)) 9 WHEREAS, the interim zoning regulations have been a critical component of the City’s response to sustain businesses in Santa Monica during the COVID-19 pandemic as well as to allow for certain zoning changes to support emergency response and economic recovery; and
WHEREAS, continuing to allow eligible businesses to expand their operations to certain public and private outdoor spaces, and providing continued flexibility in the issuance of temporary use permits and alcoholic beverage sales, will facilitate business recovery, generate increased sales tax revenue for the City, and provide City staff the time necessary to develop and bring to Council a permanent and expanded program for businesses to use public and private outdoor space for their operations; and WHEREAS, continuing to permit emergency shelters and public safety facilities, and drive-through facilities for COVID-19 testing and vaccination sites offered by hospitals, clinics, and pharmacies in all zoning districts provides flexibility in uses related to health and safety that are supportive of emergency response and pandemic 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 as a result of the termination of the authorizations for: temporary use of public and private outdoor space as provided by the Third Revised Eighteenth, Twenty-Eighth, and ThirtyThird Supplements; permitted emergency shelters, public safety facilities, and drivethrough facilities for COVID-19 testing and vaccination purposes in all zoning districts as provided by the Revised Fourth Supplement; issuance of temporary use permits as provided by the Third Revised Eighteenth and Twenty-Seventh Supplements; and DocuSign Envelope ID: 620CC560-C84C-430C-9B20-84FC4B46A81C

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Packet Pg. 253 Attachment: Ord 2704 (5-10-22) (5201 : Extension of IZO 2704 (CCS) Temporary Use of Private Outdoor Space (20 mins)) 10 allowed flexibility in off-site and retail sales of alcoholic beverages as provided by the Thirtieth Supplement; that approval of additional subdivisions, use permits, variances, building permits, or any other applicable entitlement in accordance with current zoning regulations would impede the City’s ability to allow for uses related to health and safety that are supportive of emergency response and pandemic recovery and cause disruption to and economic harm to the City’s businesses; and that as a result extension of the interim zoning regulations established by Emergency IZO 2674 and extended by Emergency IZO 2678 pursuant to this emergency interim zoning ordinance is 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. Authorization for Temporary Uses.

A. Definitions. The following words and phrases have the following meanings when used in these interim zoning regulations:

9.51.030.

2. “Private outdoor space” means all or a portion of a parking lot, courtyard, plaza, or other private open space area either owned by the eligible DocuSign Envelope ID: 620CC560-C84C-430C-9B20-84FC4B46A81C

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Packet Pg. 254 Attachment: Ord 2704 (5-10-22) (5201 : Extension of IZO 2704 (CCS) Temporary Use of Private Outdoor Space (20 mins)) 11 business or temporarily used by the eligible business as authorized by these interim zoning regulations. The private outdoor space must be on the same parcel or a parcel immediately adjacent to the eligible business.

3. “Director” means the Director of the Community Development Department or designee.

6.40. B. Temporary Use of Private Outdoor Space.

DocuSign Envelope ID: 620CC560-C84C-430C-9B20-84FC4B46A81C

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Packet Pg. 255 Attachment: Ord 2704 (5-10-22) (5201 : Extension of IZO 2704 (CCS) Temporary Use of Private Outdoor Space (20 mins)) 12 b. Permit required. No person may conduct a temporary use of private outdoor space without having obtained a permit from the City. c. Posting of Temporary Use of Outdoor Private Space Permit Required. The temporary use of private outdoor space permit shall be displayed by the eligible business during business hours. d. Signs. Notwithstanding anything to the contrary in Chapter

9.61 of the Santa Monica Municipal Code, an eligible business that has obtained a temporary use of private outdoor space permit may place a single, non-permanent sign with the eligible business’s name and, if the eligible business is a restaurant, a menu within the private outdoor space that is subject to the temporary use of private outdoor space permit. e. Removal of new construction. Regardless of whether a building permit for any new construction in the private outdoor space is required or obtained, the City reserves the right to require the eligible business to remove any new construction in the private outdoor space following the expiration of these interim zoning regulations, or any permit issued for temporary use of private outdoor space pursuant to these interim zoning regulations, for any reason, including that the structure fails to comply with any provisions of Article IX of the Santa Monica Municipal Code, or any conditions to permits previously issued by the City, including, but not limited to, parking requirements and maximum floor area ratio that are temporarily suspended under Section 3 of these interim zoning regulations. The construction of a temporary deck or other structure in the DocuSign Envelope ID: 620CC560-C84C-430C-9B20-84FC4B46A81C

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Packet Pg. 256 Attachment: Ord 2704 (5-10-22) (5201 : Extension of IZO 2704 (CCS) Temporary Use of Private Outdoor Space (20 mins)) 13 private outdoor space does not confer any vested rights to any ongoing or continuing activities or use of such a deck or structure beyond the expiration of these interim zoning regulations or any permit issued for temporary use of private outdoor space pursuant to these interim zoning regulations. f. Compliance with Permit Requirements and Administrative Regulations. An eligible business that has obtained a temporary use of private outdoor space permit shall comply with any other permit requirements or conditions set forth in the administrative regulations issued under these interim zoning regulations.

3. Administrative Regulations.
a. The Director may adopt administrative regulations to implement the provisions of this Section 1(B), including, but not limited to, restrictions on hours of operation, and additional conditions for conducting the temporary outdoor eligible business activity use authorized by these interim zoning regulations.
b. No person shall fail to comply with the City’s administrative regulations.

C. Temporary Permitted Uses.

1. Notwithstanding anything to the contrary in the land use regulations set forth in Sections 9.07.020, 9.08.020, 9.09.080, 9.10.040, 9.11.020, 9.13.020,

9.14.020, or 9.15.020 of the Santa Monica Municipal Code, for the term set forth in Section 2(B) below, the following use classifications shall be temporarily permitted uses in all zoning districts:

DocuSign Envelope ID: 620CC560-C84C-430C-9B20-84FC4B46A81C

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Packet Pg. 257 Attachment: Ord 2704 (5-10-22) (5201 : Extension of IZO 2704 (CCS) Temporary Use of Private Outdoor Space (20 mins)) 14 a. Public safety facility, as defined by Santa Monica Municipal Code Section 9.51.030(A)(10); and
b. Emergency shelter, as defined by Santa Monica Municipal Code Section 9.51.020(A)(4); and
c. Drive-through facility for a clinic, as defined by Santa Monica Municipal Code Section 9.51.030(A)(8)(a); hospital, as defined by Santa Monica Municipal Code Section 9.51.030(A)(8)(b); general retail sales, small scale, as defined by Santa Monica Municipal Code Section

9.51.030(B)(22)(b) that is operating as a pharmacy; or general sales, medium scale, as defined by Santa Monica Municipal Code Section

9.51.030(B)(22)(b) that is operating as a pharmacy, all for the limited purpose of conducting COVID-19 testing and vaccination services.

Development standards, design review, parking and access requirements and sign standards related to any of the above-listed uses may be waived at the discretion of the Director or designee.

D. Temporary Use Permits.

1. Business Improvement Districts and individual eligible businesses that have obtained a Temporary Use Permit in accordance with Santa Monica Municipal Code Chapter 9.44 may conduct sidewalk sales and other seasonal sales in accordance with Santa Monica Municipal Code Section 9.31.370, DocuSign Envelope ID: 620CC560-C84C-430C-9B20-84FC4B46A81C

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Packet Pg. 258 Attachment: Ord 2704 (5-10-22) (5201 : Extension of IZO 2704 (CCS) Temporary Use of Private Outdoor Space (20 mins)) 15 Temporary Uses and Seasonal Sales, without otherwise complying with the provisions of Santa Monica Municipal Code Chapter 6.40, Santa Monica Outdoors Pilot Program.

E. Alcoholic Beverage Sales.

DocuSign Envelope ID: 620CC560-C84C-430C-9B20-84FC4B46A81C

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Packet Pg. 259 Attachment: Ord 2704 (5-10-22) (5201 : Extension of IZO 2704 (CCS) Temporary Use of Private Outdoor Space (20 mins)) 16 a. Have obtained and are operating under a license to sell alcoholic beverages from the California Department of Alcoholic Beverage Control (“ABC”);
b. Have obtained and are operating under a Conditional Use Permit or Alcohol Exemption issued by the City of Santa Monica, or are operating as an existing alcohol outlet without a Conditional Use Permit pursuant to Section 9.31.040 of the Santa Monica Municipal Code; c. Conduct such sales in accordance with all conditions and requirements set forth in California Business and Professions Code Section 23401.5 related to selling alcoholic beverages for off-sale consumption ABC’s First Notice of Regulatory Relief issued on March 19, 2020, including, but not limited to, provisions related to On-Sale Retailers Exercising Off-Sale Privileges and Sales of Alcoholic Beverages To Go; and
d. Do not serve, deliver, or otherwise provide to the consumer any to-go alcoholic beverages before serving, delivering, or otherwise providing the consumer the meals sold in conjunction with any such to-go alcoholic beverages.

2. Retail Sales. Notwithstanding anything to the contrary in Section

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Packet Pg. 260 Attachment: Ord 2704 (5-10-22) (5201 : Extension of IZO 2704 (CCS) Temporary Use of Private Outdoor Space (20 mins)) 17 Relief issued on April 1, 2020 for Convenience Markets, as that term is defined by Section 9.52.030(B)(10)(a) of the Santa Monica Municipal Code, General Markets, as that term is defined by Section 9.51.030(B)(10)(c) of the Santa Monica Municipal Code, and Liquor Stores, as that term is defined by Section

9.51.030(B)(10)(d) that:
a. Have obtained and are operating under a license to sell alcoholic beverages from ABC;
b. Have obtained and are operating under a Conditional Use Permit or Alcohol Exemption issued by the City of Santa Monica, or are operating as an existing alcohol outlet without a Conditional Use Permit pursuant to Section 9.31.040 of the Santa Monica Municipal Code; and c. Conduct such sales in accordance with all conditions and requirements set forth in ABC’s First Notice of Regulatory Relief issued on March 19, 2020 and the Second Notice of Regulatory Relief issued on April 1, 2020, including, but not limited to, Off-Sale Transactions Through PassOut Windows, Hours of Operations for Retail Sales, and Deliveries to Consumers.

SECTION 2. Term of Temporary Uses Authorized by Interim Zoning Regulations.

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Packet Pg. 261 Attachment: Ord 2704 (5-10-22) (5201 : Extension of IZO 2704 (CCS) Temporary Use of Private Outdoor Space (20 mins)) 18 with Section 9.46.090(C) of the Santa Monica Municipal Code. Permits to authorize temporary use of private outdoor space issued pursuant to Section 1(B) of these interim zoning regulations shall terminate and be of no further force or effect beyond December 31, June 30, 2022, unless otherwise extended or terminated earlier by the City at its discretion, and consistent with any noticing requirements set forth in the administrative regulations or the permit issued by the City.

9.46.090(C) of the Santa Monica Municipal Code.

C. Temporary Use Permits. The Director’s authority to issue temporary use permits pursuant to Section 1(D) of these interim zoning regulations shall terminate and be of no further force and effect upon expiration of these interim zoning regulations, unless otherwise extended in accordance with Section 9.46.090(C) of the Santa Monica Municipal Code. Temporary uses permitted by temporary use permits issued pursuant to Section 1(D) of these interim zoning regulations shall terminate and be of no further force and effect in accordance with the terms of the temporary use permit.

DocuSign Envelope ID: 620CC560-C84C-430C-9B20-84FC4B46A81C

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Packet Pg. 262 Attachment: Ord 2704 (5-10-22) (5201 : Extension of IZO 2704 (CCS) Temporary Use of Private Outdoor Space (20 mins)) 19 SECTION 3. Temporary Suspension of Zoning Regulations.

6.40, Santa Monica Outdoors Pilot Program.

SECTION 4. No Vested Rights Conferred.

Eligible business activity authorized by these interim zoning regulations shall be conducted as a temporary use, or a temporary accessory use to a legally established business that is located on the parcel, on an adjacent parcel, or, if the eligible business activity is conducted on a sidewalk, adjacent to the eligible business. Nothing in these interim zoning regulations, or any permits issued pursuant to these interim zoning regulations, shall be considered an entitlement or permit for permanent use or to confer any vested rights to any ongoing or continuing activities beyond the expiration of these interim zoning regulations, or the expiration of any permits issued pursuant to these interim zoning regulations.

SECTION 5. Enforcement.

A. Any person who violates any provision of these interim zoning regulations, including any administrative regulations, shall be guilty of an infraction, which shall be punishable by a fine not exceeding $250 dollars, or a misdemeanor, which shall be DocuSign Envelope ID: 620CC560-C84C-430C-9B20-84FC4B46A81C

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Packet Pg. 263 Attachment: Ord 2704 (5-10-22) (5201 : Extension of IZO 2704 (CCS) Temporary Use of Private Outdoor Space (20 mins)) 20 punishable by a fine not exceeding $500 dollars per violation or by imprisonment in the County Jail for a period not exceeding six months or by both such fine and imprisonment.

SECTION 8. 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 DocuSign Envelope ID: 620CC560-C84C-430C-9B20-84FC4B46A81C

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Packet Pg. 264 Attachment: Ord 2704 (5-10-22) (5201 : Extension of IZO 2704 (CCS) Temporary Use of Private Outdoor Space (20 mins)) 21 published once in the official newspaper within 15 days after its adoption. This Emergency Interim Zoning Ordinance shall become effective immediately upon adoption.

SECTION 9. 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(C).

APPROVED AS TO FORM:
_______________________
SUSAN Y. COLA
Interim City Attorney
DocuSign Envelope ID: 620CC560-C84C-430C-9B20-84FC4B46A81C

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Packet Pg. 265 Attachment: Ord 2704 (5-10-22) (5201 : Extension of IZO 2704 (CCS) Temporary Use of Private Outdoor Space (20 mins)) Approved and adopted this 10th day of May, 2022.
_____________________________
Kristin McCowan, Mayor Pro Tem
State of California )
County of Los Angeles ) ss.

City of Santa Monica )
I, Denise Anderson-Warren, City Clerk of the City of Santa Monica, do hereby certify that the foregoing Ordinance No. 2704 (CCS) had its introduction and adoption at the Santa Monica City Council meeting held on May 10, 2022, by the following vote:

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

ATTEST:
_____________________________________ _________________ Denise Anderson-Warren, City Clerk Date

A summary of Ordinance No. 2704 (CCS) was duly published pursuant to California Government Code Section 40806.

DocuSign Envelope ID: 620CC560-C84C-430C-9B20-84FC4B46A81C 5/19/2022

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Packet Pg. 266 Attachment: Ord 2704 (5-10-22) (5201 : Extension of IZO 2704 (CCS) Temporary Use of Private Outdoor Space (20 mins))

CITY OF SANTA MONICA
Santa Monica Economic Recovery
IZO Extension

PRIVATE OUTDOOR SPACE &

ZONING AMENDMENTS
October 11, 2022

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Packet Pg. 267 Attachment: PowerPoint Presentation (5201 : Extension of IZO 2704 (CCS) Temporary Use Extension of IZO 2704
• May 10, 2022 • City Council Extended
Emergency IZO 2678 through 12/31/22
• Extended Temporary Use of Outdoor
Space on Private Property
• Extended Zoning Changes necessary for
continued Economic Recovery.

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Packet Pg. 268 Attachment: PowerPoint Presentation (5201 : Extension of IZO 2704 (CCS) Temporary Use Economic Recovery Zoning Extensions
 Temporary Outdoor Use of Private Property
» Outdoor Dining | Retail | Fitness | Personal Services » Surface Parking Lots | Other Open Space Areas
 Emergency Response & Economic Recovery
» Temporarily allow Public Safety Facilities and Emergency Shelters in all Zones » Temporarily allow Drive-Through Facilities (COVID Testing + Vaccination Sites)  Continued Economic Recovery
» Allow Temporary Uses supportive of Economic Recovery (up to 6 months) » Off-Site Restaurant Alcohol Sales and Retail Alcohol Sales

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Packet Pg. 269 Attachment: PowerPoint Presentation (5201 : Extension of IZO 2704 (CCS) Temporary Use Staff Recommendation
Extend IZO 2704 Through June 30, 2023
 Temporary Use of Private Outdoor Space
 Zoning Changes to Support Emergency Response +
Economic Recovery
Spring 2023: Staff Return to Council
 Permanent Private Outdoor Space Program with evaluation on the temporary land uses contained in the IZO.

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Packet Pg. 270 Attachment: PowerPoint Presentation (5201 : Extension of IZO 2704 (CCS) Temporary Use Outdoor Community Events
Source: secretlosangeles.com

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Packet Pg. 271 Attachment: PowerPoint Presentation (5201 : Extension of IZO 2704 (CCS) Temporary Use City Council
Report
City Council Meeting: October 11, 2022
Agenda Item: 10.D
1 of 18
To: Mayor and City Council
From: David Martin, Director, Administration
Subject: Introduction and First Reading of Ordinance to Amend the Text of the City's Ordinance Related to Economic Recovery in (1) the City's Downtown, Mixed Use and Commercial, Employment, Oceanfront, and Public and Semi-Public Districts, Excluding the Area Including and Immediately Adjacent to the Third Street Promenade; and (2) the Area Including and Immediately Adjacent to the Third Street Promenade
Recommended Action
Staff recommends that the City Council introduce for first reading an ordinance related to economic recovery efforts in:

1. City’s Downtown, Mixed-Use and Commercial, Employment, Oceanfront and Public and Semi-Public Districts, excluding the Third Street Promenade and the area immediately adjacent thereto; and

Summary
In response to the COVID-19 Pandemic, the City established a variety of zoning changes adopting two emergency Interim Zoning Ordinances (IZO) establishing interim zoning regulations to support the economic recovery of local businesses impacted by the COVID-19 pandemic; 1) zoning changes applicable to commercial districts citywide and; 2) zoning changes specific to the Third Street Promenade and area immediately adjacent thereto (the “Third Street Promenade Area”).

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Both emergency IZOs have focused on relaxing land use barriers that had been shown to create unnecessarily difficult review processes for simple changes of use often inhibiting or delaying the establishment of common neighborhood-serving uses. Since adopted, the interim zoning changes have provided needed support to existing and new restaurant, retail, personal service, and fitness-related businesses, critical to the City’s economy. DTSM and the business community are in support of these zoning changes and believe that permanently adopting these changes are critical in providing greater certainty and predictability for property owners and their existing tenants, along with perspective businesses considering Santa Monica locations.

Both the Citywide and the Promenade IZO’s are set to expire on December 31, 2022, unless further extended or permanently adopted. In its review, staff recommends that the City Council focus on the following:

1. Whether the interim zoning changes Citywide and specific to the Third Street Promenade Area, including the Planning Commission’s recommended revisions to the existing interim provisions, are appropriate in providing the necessary continued economic support to existing Santa Monica businesses and new businesses seeking opportunity to contribute to the City’s overall economy.

Staff recommends permanent adoption of the Citywide and Promenade IZO’s, in addition to the Planning Commission’s recommended changes, as outlined and based on the findings provided in this report.

Background
Past Council Actions
Meeting Date Description
May 12, 2020 Council adopted two Emergency Interim Zoning Ordinances establishing interim zoning regulations to support the
economic recovery of local businesses impacted by the
COVID-19 pandemic.

November 10, 2020 Extended Emergency Interim Zoning Ordinances for both

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Citywide and Promenade, extended through December 31,
2022.

April 13, 2021 (“IZO
2667”), September 28,
2021 (“IZO 2682”), and
January 25, 2022 (“IZO
2690”)
Subsequent amendments to the “Promenade” IZO.

On April 20, 2022, the Planning Commission adopted resolution number 22-008 (PCS) and resolution number 22-009 (PCS) declaring its intention to recommend that the City Council amend the text of the Zoning Ordinance related to economic recovery.

On August 17, 2022, the Planning Commission adopted resolution number 22-013 (PCS) recommending that the City Council amend the text of the Zoning Ordinance related to economic recovery in the City’s Downtown, Mixed-Use and Commercial, Employment, Oceanfront, and Public and Semi-Public Districts (Citywide), excluding the area including and immediately adjacent to the Third Street Promenade. The Commission also adopted resolution number 22-014 (PCS) recommending that the City Council amend the text of the Zoning Ordinance related to 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 (collectively the “Third Street Promenade Area”). The Commission supported permanent adoption of both Emergency Interim Zoning Ordinances recognizing the need for continued economic support through land use policy, and provided clarifying language and two recommended revisions for the Council’s consideration:

1. Expand the allowance of alternative loading plans currently limited to the Third Street Promenade Area to the entire Downtown Community Plan area; and

2. Expand the area where open-air rooftop commercial uses are excluded as floor area/FAR from directly on the Promenade to the defined Third Street Promenade Area, resulting in a half-block radius expansion.

Discussion

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Below is a summary of the Citywide and Third Street Promenade Area interim zoning regulations.

Citywide Interim Zoning Regulations: All Commercial Districts Excluding the Third Street Promenade Area
Ordinance Number 2637 established interim zoning regulations applicable to the City’s Downtown, Mixed Use and Commercial, Employment, Oceanfront, and Public and Semi-Public districts excluding the Third Street Promenade Area (also known as the Citywide Economic Recovery Area). The adopted changes included the following:

Interim Land Uses:

1. Restaurants Up to 5,000 SF - Permitted Use: Eliminated discretionary permits for restaurants up to 5,000 square feet in size. Whereas full service and limited service/take out restaurants of up to 5,000 square feet would typically require approval of a Minor Use Permit, the IZO allows such restaurants to be permitted by-right. This change provides a streamlined review and allows greater flexibility for restaurant reopening.

2. Food Halls Up to 175 Seats - Conditional Use: Food Halls with up to 175 seats shall be a conditionally permitted use in the Citywide Economic Recovery Area.

3. Limitation on Restaurant Uses on Main Street – Table 9.11.020: Removed restrictions on Main Street restaurants. Per the IZO, land use limitation (11) for restaurant uses on Main Street in the Neighborhood Commercial District does not apply to permitted restaurants up to 5,000 SF. Limitation 11 includes the following restrictions:
▪ Limits the number of restaurants (2) of greater than 2,500 SF per block; ▪ Limits restaurants north of Ocean Park Blvd to one per block on east side of street, and further limits the number of seats to 200 per block and 400 in Block 6;

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▪ Limits on-sale alcohol permits (12) north of Ocean Park Blvd, and further limits on-sale general permits;
▪ Limits the number of bars to a total of six (6) along Main Street; Per the IZO, limitation 11 would only apply to restaurants greater than 5,000 SF. For example, only restaurants greater than 5,000 SF would be limited to two (2) per block.

In addition, staff recommends eliminating the seat number restriction for restaurants north of Ocean Park Blvd which states no more than 200 seats per each block, and no more than 400 seats in Block 6 (OP Blvd to Hollister Ave). The restrictions on the number of alcohol permits should also be removed. Also, the cap on the number of bars along Main Street should be eliminated for clarifying reasons since bars are currently not allowed in the NC district. Limiting the number of restaurant seats and alcohol permits in this manner is contrary to the City’s economic recovery efforts in simplifying standards that support business reopening.

4. Limitation on Size and Street Frontage of Tenant Spaces - Table 9.11.020 Limitations (2), (17), (19): Clarified the applicability of storefront width and tenant space size restrictions on existing tenant spaces to only new construction and alterations to existing buildings that result in a combination or enlargement of tenant spaces. This change clarifies and allows existing vacant tenant spaces considered abandoned for more than 1 year to be reoccupied without a Conditional Use Permit.

5. 9.27.050(B) Abandonment of Legal Non-Conforming Eating and Drinking Establishments and Retail Uses: Eased standards related to when retail and restaurant uses are considered abandoned. Based on the existing requirements, existing nonconforming uses that cease business operations for a continuous period of more than 1 year are considered abandoned and any new business thereafter would be subject to obtaining any current planning entitlements and comply with current parking requirements. In efforts to encourage and support the continuation of restaurant and retail businesses at the same location postpandemic, the IZO eliminates the 1-year time period and allows for these types of

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land uses to reoccupy vacant tenant spaces previously used for such uses without losing any legal non-conforming rights to that use, no matter how long the vacancy provided that no other use has occupied the vacant space since the restaurant or retail use was abandoned. This eliminates the need for new businesses seeking to occupy vacant spaces to obtain any land-use entitlements and satisfy any new parking requirements.

6. 9.28.020(B)(2) Relaxed Parking Requirements for Changes of Use: Per the IZO, changes in use that create an increase of 10 or fewer additional parking spaces required (changed from 3 spaces per the current Code) compared to the prior use (or general parking rate of 1/300) shall not be required to provide additional on-site parking. This change improves the ability for new businesses to occupy vacant tenant spaces that have a slightly higher parking requirement than the prior use or 1/300 parking rate without needing to provide additional parking for the new use. Restaurants are provided with additional flexibility when determining the additional parking where only the dining area, excluding any square footage dedicated to back-of-house and outdoor dining areas, is included in the calculation.

7. 9.28.060 Offsite Parking Requirements for Food Halls: Establishes parking requirements for Food Halls citywide ranging from 1/300 to 1/500.

8. 9.28.080 Relaxed Loading Requirements for Changes of Use: Whereas currently a Parking and Loading Operations Plan (PLOP) is required for any change of use, this IZO change allows for changes of use of up to 5,000 SF to be flexible where staff may approve an alternate loading plan that may include a waiver or reduction in number of dimensions of loading areas depending on the project and existing site conditions. This change simplifies the change of use review procedures and results in a more collaborative review to address loading needs based on existing site conditions.

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9. Alcohol Exemptions (AE) for Citywide Economic Recovery Area (Excluding Santa Monica Pier: The Alcohol Exemption Permit allows restaurants to serve alcoholic beverages and is an alternative permit to the discretionary alcohol Conditional Use Permit. The review procedure for an Alcohol Exemption is ministerial where a permit is automatically granted to a restaurant provided they agree to operate according to an established set of operational conditions (e.g. hours of operations, etc.). The existing Alcohol Exemption operational conditions and review procedures were modified to provide improved flexibility in operations for restaurant establishments (full service and limited service/take out) and a more streamlined review process.

9.31.040(D)(1) Criteria & Conditions: The following conditions were removed to provide flexibility in business operations or correct inconsistencies throughout section:
▪ The primary use of the premises shall be for sit-down meal service to patrons (for consistency based on restaurant types);
▪ Take out service shall be only incidental to the primary sit-down use (for consistency based on restaurant types);
▪ Except for special events, alcohol shall not be served in any disposable containers such as disposable plastic or paper cups (unnecessary); ▪ No more than 3 television screens including video projectors or similar audio/visual devices shall be utilized on the premises. None of these televisions or projection surfaces shall exceed 60 inches measured diagonally (for flexibility);
▪ No more than 35 percent of total gross revenues per year shall be from alcohol sales (for flexibility).

The following permitted hours of operation were expanded to provide added business flexibility:
▪ Open/Closure hours expanded from 9am-11am (Sun-Thurs) and 9am12am (Fri-Sun) to 9am-12am (all days), with closure and employees

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vacated by 1am (all days), and alcohol removed from any outdoor dining area no later than 11am (Sun-Thurs only).

Alcohol Exemption Permit Processing: For restaurants over 50 seats, notification to owners/tenants within a 750-foot radius of the site remains, however the appeal process has been eliminated to assist with application streamlining and faster restaurant reopening. Furthermore, this change corrects the review process to be consistent with the purpose of a ministerial review which should not involve discretion through an appeal procedure.

10.Alcohol Exemptions (AE) for Santa Monica Pier: AE criteria and conditions were established specifically for the Santa Monica Pier and include slight differences compared to the Citywide criteria and conditions. Considering the types of businesses occupying the Pier and its focus as a commercial/visitor destination, the land uses for which an AE can be applied for was expanded to include bars/nightclubs/lounges, food halls, and general retail sales (small and large scale) with expanded operating hours of 8am-2am daily.

Interim Use Classifications:

11.9.51.030(B)(7)(e) Small-Scale Facility: Removes health clubs and yoga studios from this definition and relocates these uses to Personal Services, Physical Training up to 5,000 SF in size. This change provides greater flexibility for fitness uses that were in high demand during the Pandemic.

12.Food Hall: The IZO added a Food Hall definition to the Commercial Use Classifications. Although a food hall has not been established during the Pandemic, the City has received interest in food hall concepts in the past and therefore the IZO established a land use definition with review procedures and parking requirements.

13.9.51.030(B)(21)(b) Personal Services, Physical Training: Revision expands size restriction of such uses from classes and groups of 5 or less persons to

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tenant spaces up to 5,000 SF in size. Fitness and yoga studios added to this definition. This change provides greater flexibility for fitness uses that were in high demand during the Pandemic.

These interim changes focus on removing barriers related to the approval of restaurants, physical training, and changes of uses by simplifying certain standards and streamlining review procedures. Alcohol exemption conditions were simplified and appeal procedures for restaurants over 50 seats eliminated to help streamline and support food-serving establishments, and to provide consistency in its ministerial review process. The elimination of the restaurant restrictions on Main Street continues to provide greater flexibility and encourages adaptive reuse of existing/vacant tenant spaces within the Main Street Neighborhood Commercial district. Restrictions on the overall size and storefront width of tenant spaces have been simplified, size limitations on physical training are less restrictive, and changes of use are supported with up to a 10-parking space credit to allow flexibility for a broad range of new businesses. These changes have greatly supported existing and the establishment of new commercial uses while balancing the loss of businesses during the Pandemic.

As the City continues to provide support to local businesses and promote business opportunities citywide, these interim zoning provisions have shown to be successful in the City’s overall economic recovery efforts. Therefore, staff recommends these zoning changes, including the additional modifications outlined, for permanent adoption as part of the City’s overall evaluation of the temporary changes authorized through emergency orders and IZOs during the Pandemic.

Interim Zoning Regulations– Third Street Promenade Area Downtown Santa Monica has long been a community gathering place and economic stronghold. Supported by DTSM’s leadership, Downtown and the Third Street Promenade continue to evolve, changing with the needs of retailers, property owners, visitors, and the Santa Monica community. With the onset of the COVID-19 pandemic and subsequent economic recovery, DTSM initiated the Promenade Vitality Plan in January 2021. The Plan was discussed at a Study Session with Council on February 9,

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2021. This effort is separate from the Promenade 3.0 planning effort which focused on the redevelopment of the Promenade streetscape; that effort has been put on hold due to the City’s 2020 restructuring. Research conducted as part of Promenade 3.0 was used in the development of the Promenade Vitality Plan.

To further preserve and enhance the economic vitality of the Promenade, DTSM enlisted the firm MIG and engaged in a series of conversations, workshops, interviews, and surveys with business and property owners, brokers, residents, advocates, elected and appointed officials, industry experts, and others. Interim changes to the Promenade to date have been based on this feedback, staff recommendations, and both Commission and Council direction.

As stated, there have been multiple IZO revisions made to the Third Street Promenade Area during the Pandemic, with the intent to streamline processes by introducing simple land use changes to common neighborhood-serving uses and remove barriers to opening a business.

The most recent IZO 2690 adopted on January 25, 2022 is inclusive of all economic recovery amendments for the Promenade area to date and include the following:

1. Added new land uses to the table of permissible uses for all three blocks of the Promenade, including (as noted below) those appropriate for Promenade facades and those appropriate for alley facades and upper floors. Streamline permitting of existing land uses by minimizing applicability of Conditional Use Permits (CUPs), Minor Use Permits (MUPs), and other discretionary approvals.

Revisions to ensure consistency with other requirements were also made:
▪ Group Residential, Congregate Housing, Senior Group Residential – allow on upper floors without requiring an MUP;
▪ Child Care & Early Education Facilities – allow on ground floor with Promenade frontage;

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▪ Community Assembly – allow on ground floor along alley frontage or on upper floors;
▪ Grooming and Pet Stores and Veterinary Services – allow on ground floor with Promenade frontage with no size restrictions/CUP requirement; ▪ Business Services – allow on ground floor along alley frontage or on upper floors;
▪ Cinemas & Theaters, more than 99 seats – allow without requiring CUP; ▪ Convention and Conference Centers – allow without requiring CUP; ▪ General Retail Sales, Medium-Scale Facility – allow without requiring CUP; ▪ Liquor Stores – allow with Promenade frontage without requiring a CUP; ▪ Bed and Breakfast – allow without requiring MUP;
▪ Hotels and Motels – allow without requiring CUP;
▪ Medical & Dental Offices – allow on ground floor with Promenade frontage and not limited to upper floors or on ground floor 25 feet from sidewalk; ▪ General Personal Services – allow on ground floor with Promenade frontage with no size restrictions/CUP requirement;
▪ Tattoo or Body Modification Parlor – allow without requiring MUP; ▪ Food Hall,, Fortunetelling, added as permitted uses;
▪ Industry, Limited - added as a permitted use, with limitations on location and restrictions on the types of allowable industries within the use classification. ▪ ADUs, and JADUs added as permitted uses;
▪ Physical Training – clarification for consistency that removes location limitations, allows on ground floor not exceeding 100 feet of frontage without a CUP;
▪ Large Scale Facilities – correction to limitation related to Large Scale Facilities in that they are permitted, however a fitness center use exceeding 100 linear feet of ground floor frontage would require approval of a CUP;

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▪ Automobile & Vehicle Showroom Specific Limitation – revised to include all fuel types as a permitted use, which may display up to one alternative fuel vehicle if such is available in the dealer’s fleet and limited to up to six showrooms.

2. Reduce Minimum Active Ground Floor Depth: Table 9.10.040 Limitation L(1): Reduces the ground floor minimum depth requirement for active commercial uses from 50 feet to 25 feet measured from Promenade property line. This change provides added flexibility in creating multiple tenant spaces or smaller tenant spaces depending on market demand.

3. Allow Entry/Direct Access to Upper Floors and Rear Office Uses from the Promenade: Table 9.10.040 Limitation L(1): Revised language where ground floor entries are no longer specifically identified as a portion of the entire tenant space that must be located 25 feet from the Promenade, thereby allowing entries to these tenant spaces to have some presence on the Promenade and provide accessibility from the sidewalk. This change, in conjunction with the reduction in active ground floor depth (above) provides flexibility in creating multiple desirable tenant spaces on all floors.

4. Limited-Service and Take-Out Restaurant Establishments with Frontage on the Promenade and Specific Characteristics Prohibited – Table 9.10.040 (Limitation L 22): City Council voted to make this provision permanent on January 26, 2021 (Ordinance No. 2661). This provision was added to the IZO for consistency and therefore no further action is necessary to codify this provision. This provision is included in this report to provide transparency and a reminder of what the Council had previously adopted.

5. 9.10.040(A) Conversion of Any Portion of an Eating and Drinking Establishment to Any Other New or Expanded Use Located on the Ground Floor: Eliminated the requirement of a Conditional Use Permit for the conversion

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of eating and drinking establishments to other uses, applicable to the Third Street Promenade Area. This change provides flexibility and streamlined review for changes in use pertaining to existing eating and drinking establishments, and removes restrictions on leasing these spaces.

6. 9.27.050(B) Abandonment of Legal Non-Conforming Eating and Drinking Establishments and Retail Uses: Eased standards related to when bars/nightclubs, restaurants, food hall, general retail sales (small and medium) uses are considered abandoned. Based on the existing requirements, existing nonconforming uses that cease business operations for a continuous period of more than 1 year are considered abandoned and any new business thereafter would be subject to obtaining any current planning entitlements and comply with current parking requirements. In efforts to encourage and support the continuation of these types of businesses at the same location post-pandemic, the IZO eliminates the 1-year time period and allows for these types of land uses to reoccupy vacant tenant spaces previously used for such uses without losing any legal non-conforming rights to that use, no matter how long the vacancy, provided that no other use has occupied the vacant space since the restaurant or retail use was abandoned. This eliminates the need for new businesses seeking to occupy vacant spaces to obtain any land-use entitlements.

7. 9.28.080 Relaxed Loading Requirements for New Buildings, Additions, Enlargements of Use, and Changes of Use: Currently limited to the Third Street Promenade Area, staff may approve an alternate loading plan that may include a waiver or reduction in number of dimensions of loading areas depending on the project and existing site conditions. Different from the Citywide loading provision which is limited to changes of use up to 5,000 SF, this also applies to new buildings, additions, and enlargements of use. This change simplifies loading review procedures and results in a more collaborative review to address loading needs. This provision has shown to be effective during the Pandemic. Therefore, staff recommends expanding its applicability to the overall Downtown Community Plan area, excluding the Ocean Transition (OT) District

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(along Ocean Avenue in the Downtown) based on the limited space on existing properties where creative solutions are often necessary. The Planning Commission in its review, was supportive of the expansion to include the entire Downtown Community Plan area. Subsequent to the Commission meeting, staff determined that it would be more appropriate to exclude properties along Ocean Avenue to discourage further use and consideration of Ocean Avenue for loading purposes, and therefore revised language is reflected in the attached resolution.

8. Alcohol Exemptions (AE) for Third Street Promenade Area: The Alcohol Exemption Permit allows restaurants to serve alcoholic beverages and is an alternative permit to the discretionary alcohol Conditional Use Permit. As discussed, the review procedure for an Alcohol Exemption is ministerial where a permit is automatically granted to a restaurant provided they agree to operate according to an established set of operational conditions. The existing alcohol exemption operational conditions and review procedures were modified to provide improved flexibility in operations for restaurant establishments (full service and limited service/take out), bars/nightclubs, food halls, and general retail sales (small and medium scale) for establishments within the Third Street Promenade Area and a more streamlined review process. The changes to the conditions are similar to the revisions proposed Citywide, except bars/nightclubs, food halls, and general retail sales were added as applicable uses, and operational hours were expanded with slightly earlier and later hours appropriate for the Promenade activity.

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9. Zoning Conformance Review for Existing Alcohol Outlets: For existing alcohol outlets located within the Third Street Promenade Area and without a alcohol CUP that changes ownership or proposes an interior remodel, a zoning conformance review is no longer required provided the business has remained in continuous use without substantial change in mode or character of operation.

This change establishes fewer criteria when determining substantial change in mode or character and therefore streamlines the review procedures.

10.FAR Calculation for Open-Air Rooftop Commercial Uses: 9.04.080, 9.04.090 (A)(2): Exempts unenclosed rooftop areas used for commercial or restaurant activity from floor area and floor area ratio, specifically for the BC (Promenade) district. Allows rooftop shading devices up to 10 feet in height above the roofline with aggregate coverage up to 50%. This change supports the use of outdoor space on building rooftops and encourages the use of outdoor space consistent with the City’s outdoor space program efforts. Currently, the IZO limits this provision to the Promenade, however staff and the Planning Commission recommend expanding the allowance to include the defined Third Street Promenade Area, which results in an expansion of a half-block radius.

These interim changes to the Third Street Promenade Area reflect short and mediumterm policy and procedural changes specific to the evolving economic vitality of the Promenade area. Simple changes have broadened the range of permitted uses with fewer restrictions that would be considered appropriate for permanent adoption, while other short-term policy changes may require further evaluation over time. Such changes include the prohibition of certain fast-food establishments and the expansion of automobile/vehicle showrooms to all fuel types (more recently adopted in January 2022). In coordination with DTSM and the City’s Economic Development staff, continued evaluation of zoning standards for Promenade area is ongoing. In the meantime, permanent adoption of the Promenade IZO provisions, including the proposed added modifications, would continue to support existing and new businesses as the Third Street Promenade Area recovers post-pandemic. Furthermore, permanent adoption would be critical in providing greater certainty and predictability for property

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owners and their existing tenants, along with perspective businesses considering Santa Monica locations, particularly in the downtown area.

Planning Commission Recommendation
On August 17, 2022, the Planning Commission held a discussion and recommended the City Council adopt the proposed zoning amendments contained in both the Citywide and Third Street Promenade Area Interim Zoning Ordinances as drafted in the proposed resolutions, with a few additional changes in support of staff’s recommendations to:

1. Expand the allowance of alternative loading plans currently limited to the Third Street Promenade Area to the entire Downtown Community Plan (DCP) area. As discussed, staff’s original recommendation to the Planning Commission is revised to expand to the entire DCP area, excluding properties within the Ocean Transition (OT) District within the Downtown area.

Additionally, the Commission identified a clerical typo in the draft language related to the Personal Services, Physical Training definition which has been corrected and is reflected in the proposed Ordinance.

Environmental Analysis
The proposed amendments to the Citywide Economic Recovery Area and Third Street Promenade Area consisting of land use and processing changes supporting economic recovery are categorically exempt from the provisions of the California Environmental Quality Act (CEQA) pursuant to Section 15061(b)(3) of the State Implementation Guidelines. Based on the evidence in the record, it can be seen with certainty that there is no possibility that the proposed changes will have a significant effect on the environment. The recommended amendments represent land use and procedural changes do not substantively affect policy decisions made with the City Council’s adoption of the DCP and Zoning Ordinance, and is consistent with the City’s economic

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recovery efforts during the Pandemic. Therefore, no further environmental review under CEQA is required.

Text Amendment Findings

1. The proposed amendments to the text of the Zoning Ordinance are consistent with the General Plan in that the amendments implement the LUCE policies to adapt to changing conditions and to support small businesses. Specifically, Goal LU9 states to actively monitor and manage land use changes to address community needs, promote citywide sustainability and ensure community livability. In response to the Pandemic, the City’s economic recovery efforts seek to support and allow businesses to adapt to the current health and safety conditions. The proposed Zoning amendments support local business retention and promotes new business opportunities citywide, addressing needs of the business community and residents. In addition, Policy LU13.4 seeks to reduce regulatory costs on small businesses and for the City to continue exploring ways to streamline the approval process for new and existing businesses. Accordingly, the proposed amendments support small businesses by simplifying land use standards and streamlining review procedures.

The proposed amendments are consistent with the Downtown Community Plan Goal LU3 which states that the Downtown continues 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 in that the proposed land use changes include simplified land use standards and streamlined review procedures to encourage and incentivize business reopening in the Third Street Promenade Area.

2. The proposed amendments to the text of the Zoning Ordinance are consistent with the purpose of the Zoning Ordinance to promote the growth of the City in an orderly manner and to promote and protect the public health, safety, and general welfare in that proposed amendments will provide continued support necessary for the City’s business retention and economic recovery efforts following the current Pandemic.

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Financial Impacts and Budget Actions
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. CDD-Ord-Economic Recovery 101122
B. Written Comments
C. PowerPoint Presentation

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1 City Council Meeting: October 11, 2022 Santa Monica, California ORDINANCE NUMBER _________ (CCS)
(City Council Series)

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
SANTA MONICA TO AMEND THE TEXT OF THE CITY’S ZONING ORDINANCE RELATED TO ECONOMIC RECOVERY IN (1) THE CITY’S DOWNTOWN, MIXED USE AND COMMERCIAL, EMPLOYMENT, OCEANFRONT, AND PUBLIC AND SEMIPUBLIC DISTRICTS, EXCLUDING THE AREA INCLUDING AND IMMEDIATELY ADJACENT TO THE THIRD STREET PROMENADE; AND (2) THE AREA INCLUDING

AND IMMEDIATELY ADJACENT TO THE THIRD STREET PROMENADE
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 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, 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, 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

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Packet Pg. 290 Attachment: CDD-Ord-Economic Recovery 101122 [Revision 2] (5200 : Permanent Economic Recovery Zoning Ordinance Changes for 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, 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

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Packet Pg. 291 Attachment: CDD-Ord-Economic Recovery 101122 [Revision 2] (5200 : Permanent Economic Recovery Zoning Ordinance Changes for 3 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, 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 re-tenanting 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

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Packet Pg. 292 Attachment: CDD-Ord-Economic Recovery 101122 [Revision 2] (5200 : Permanent Economic Recovery Zoning Ordinance Changes for 4 including bars, nightclubs, on-premises restaurant service, movie theatres, live performance venues, gyms, fitness centers, spas, hair salons, massage parlors, and nail salons; and
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, on multiple occasions, amended and modified its Health Officer Order, including on October 14, 2020, issuing a revised Health Officer Order, Reopening Safer at Work and in the Community for Control of COVID-19, 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, the economic impacts of the COVID-19 closures of and limitations on businesses have been devastating to the local Santa Monica economy; and

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Packet Pg. 293 Attachment: CDD-Ord-Economic Recovery 101122 [Revision 2] (5200 : Permanent Economic Recovery Zoning Ordinance Changes for 5 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, 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, 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
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 involving a multi-pronged approach focusing on five areas: business retention and reopening; business process and permitting; publicity and marketing, community

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Packet Pg. 294 Attachment: CDD-Ord-Economic Recovery 101122 [Revision 2] (5200 : Permanent Economic Recovery Zoning Ordinance Changes for 6 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 (the “Third Street Promenade Area”), 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
WHEREAS, on May 12, 2020, the City Council adopted Emergency Interim Zoning Ordinance Number 2637 (CCS) (“Interim Zoning Ordinance 2637”), which established interim zoning regulations to provide immediate relief and regulatory certainty for businesses citywide, excluding the Third Street Promenade Area by taking initial steps towards economic recovery (“citywide interim zoning regulations”) that included:
modifying alcohol exemption conditions in order to streamline process for alcohol service and provide flexibility in operations for eating establishments; relaxing standards related

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Packet Pg. 295 Attachment: CDD-Ord-Economic Recovery 101122 [Revision 2] (5200 : Permanent Economic Recovery Zoning Ordinance Changes for 7 to legal, nonconforming retail and restaurant uses; relaxing requirements to provide additional parking and new loading spaces for changes of use in existing tenant spaces; eliminating the requirement for Conditional Use Permits for restaurants only due to size; and removing the inflexibility caused by a cap of no more than 5 persons allowed for small yoga studios and gyms; and
WHEREAS, on November 10, 2020, the City Council adopted Emergency Interim Zoning Ordinance Number 2657 (CCS) (“Interim Zoning Ordinance 2657”) to: amend the citywide interim zoning regulations to relax standards for alcohol exemptions for businesses located on the Santa Monica Pier for consistency with businesses in the Third Street Promenade Area and extend the interim zoning regulations to December 31, 2022; and
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 (the “Promenade interim zoning regulations”) 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

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Packet Pg. 296 Attachment: CDD-Ord-Economic Recovery 101122 [Revision 2] (5200 : Permanent Economic Recovery Zoning Ordinance Changes for 8 WHEREAS, on November 10, 2020, the City Council adopted Emergency Interim Zoning Ordinance Number 2658 (CCS) (“Interim Zoning Ordinance 2658”), which amended the Promenade interim zoning regulations to expand eligibility for alternate compliance with loading standards and extend the term of the Promenade 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 Promenade interim zoning regulations to: remove the limitation on physical training uses 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 or about July 27, 2021, DTSM published a final draft Third Street Promenade Stabilization and Economic Vitality Plan (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

10.D.a
Packet Pg. 297 Attachment: CDD-Ord-Economic Recovery 101122 [Revision 2] (5200 : Permanent Economic Recovery Zoning Ordinance Changes for 9 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
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 into the Promenade interim zoning regulations 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

10.D.a
Packet Pg. 298 Attachment: CDD-Ord-Economic Recovery 101122 [Revision 2] (5200 : Permanent Economic Recovery Zoning Ordinance Changes for 10 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 announcing plans to electrify large portions of their fleets over the next decade; and WHEREAS, on January 25, 2022, the City Council adopted emergency Interim Zoning Ordinance Number 2690 (CCS) to amend the Promenade interim zoning regulations to permit up to six automobile/vehicle showrooms in the Third Street Promenade Area for automobiles/vehicles of any fuel type; and WHEREAS, as the City continues to provide support to local businesses and promote business opportunities Citywide, the interim zoning regulations have shown to be successful in the City’s overall economic recovery efforts; 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, 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; and
WHEREAS, as the City continues to provide support to local businesses and promote business opportunities Citywide, the interim zoning regulations have shown to be successful in the City’s overall economic recovery efforts; and WHEREAS, on April 20, 2022, the Planning Commission adopted a Resolution of Intention, Resolution Number 22-008 (PCS), declaring its intention to consider recommending to the City Council that the City Council amend text of the Zoning

10.D.a
Packet Pg. 299 Attachment: CDD-Ord-Economic Recovery 101122 [Revision 2] (5200 : Permanent Economic Recovery Zoning Ordinance Changes for 11 Ordinance related to economic recovery in the City’s Downtown, Mixed-Use and Commercial, Employment, Oceanfront and Public and Semi-Public Districts, excluding the area including and immediately adjacent to the Third Street Promenade and a Resolution of Intention, Resolution Number 22-009 (PCS), declaring its intention to consider recommending to the City Council that the City Council amend text of the Zoning Ordinance related to economic recovery in the Third Street Promenade Area; and WHEREAS, on August 17, 2022, 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 Zoning Ordinance, adopted Resolution Number 22-013 (PCS), recommending that the City Council amend the text of the Zoning Ordinance economic recovery in the City’s Downtown, Mixed-Use and Commercial, Employment, Oceanfront and Public and Semi-Public Districts, excluding the Third Street Promenade Area, and Resolution Number 22-014 (PCS) related to economic recovery in the Third Street Promenade Area based on the following findings:

10.D.a
Packet Pg. 300 Attachment: CDD-Ord-Economic Recovery 101122 [Revision 2] (5200 : Permanent Economic Recovery Zoning Ordinance Changes for 12 opportunities citywide, addressing needs of the business community and residents. In addition, Policy LU13.4 seeks to reduce regulatory costs on small businesses and for the City to continue exploring ways to streamline the approval process for new and existing businesses. Accordingly, the proposed amendments support small businesses by simplifying land use standards and streamlining review procedures.

2. The proposed amendments to the text of the Zoning
Ordinance are consistent with the purpose of the Zoning Ordinance to promote the growth of the City in an orderly manner and to promote and protect the public health, safety, and general welfare in that proposed amendments will provide continued support necessary for the City’s business retention and economic recovery efforts following the current Pandemic.

WHEREAS, the Planning Commission conducted a duly noticed public hearing on October 21, 2020, and, after considering oral and written testimony regarding the proposed amendments to the text of the Zoning Ordinance, adopted Resolution Number

10.D.a
Packet Pg. 301 Attachment: CDD-Ord-Economic Recovery 101122 [Revision 2] (5200 : Permanent Economic Recovery Zoning Ordinance Changes for 13 20-017 (PCS), recommending that the City Council amend the text of the Zoning Ordinance to prohibit certain fast food restaurants in establishments with frontage on the Third Street Promenade based on the following findings:

1. The proposed amendments to the text of the Zoning
Ordinance are consistent with the General Plan in that the amendments implement the LUCE policies to adapt to changing conditions and to support small businesses. Specifically, Goal LU9 states to actively monitor and manage land use changes to address community needs, promote citywide sustainability and ensure community livability. In response to the Pandemic, the City’s economic recovery efforts seek to support and allow businesses to adapt to the current health and safety conditions. The proposed Zoning amendments support local business retention and promotes new business opportunities citywide, addressing needs of the business community and residents. In addition, Policy LU13.4 seeks to reduce regulatory costs on small businesses and for the City to continue exploring ways to streamline the approval process for new and existing businesses. Accordingly, the proposed amendments support small businesses by simplifying land use standards and streamlining review procedures.

10.D.a
Packet Pg. 302 Attachment: CDD-Ord-Economic Recovery 101122 [Revision 2] (5200 : Permanent Economic Recovery Zoning Ordinance Changes for 14 streamlined review procedures to encourage and incentivize business reopening in the Third Street Promenade Area.

2. The proposed amendments to the text of the Zoning
Ordinance are consistent with the purpose of the Zoning Ordinance to promote the growth of the City in an orderly manner and to promote and protect the public health, safety, and general welfare in that proposed amendments will provide continued support necessary for the City’s business retention and economic recovery efforts following the current Pandemic.

WHEREAS, on October 11, 2022, the City Council conducted a duly noticed hearing to consider the findings and recommendations of the Planning Commission, and desires to adopt the proposed Zoning Ordinance amendments as set forth below.

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

SECTION 1. Based upon the oral and written testimony presented to the City Council at the public hearing on October 11, 2022 regarding the proposed changes to the text of the Zoning Ordinance, the City Council hereby makes the following findings:

1. The proposed amendments to the text of the Zoning
Ordinance are consistent with the General Plan and any applicable Specific Plans in that they will support Downtown’s role as a visitor destination by encouraging uses that appeal to both locals and tourists, including food, retail, entertainment and overnight accommodations and will maintain and

10.D.a
Packet Pg. 303 Attachment: CDD-Ord-Economic Recovery 101122 [Revision 2] (5200 : Permanent Economic Recovery Zoning Ordinance Changes for 15 increase locally-based, independent, small retailers that allow residents and employees to meet their daily needs on foot.

2. The proposed amendments to the text of the Zoning
Ordinance are consistent with the purpose of the Zoning Ordinance to promote the growth of the City in an orderly manner and to promote and protect the public health, safety, and general welfare in that the amendments will protect the unique character of the Third Street Promenade, reduce waste generated by disposable tableware and packaging, and allow for planning efforts for the future of the Promenade to continue.

Section 2. Santa Monica Municipal Code Section 9.04.080 is hereby amended to read as follows:

9.04.080 Determining Floor Area
The floor area of a building is the total gross horizontal areas of all floors of a building, including usable basements and all other areas measured from the interior face of the exterior walls or, in the case of a shared wall, from the centerline of a wall separating the 2 buildings. Floor area also includes unenclosed decks, balconies, porches, and platforms used for commercial or restaurant activity. In addition to calculating floor area ratio, floor area shall be used to determine parking requirements and all relevant impact fees, including, but not limited to, affordable housing fees, transportation impact fees, childcare linkage fees, cultural arts fees, and parks and recreation fees.

10.D.a
Packet Pg. 304 Attachment: CDD-Ord-Economic Recovery 101122 [Revision 2] (5200 : Permanent Economic Recovery Zoning Ordinance Changes for 16 A. Included in Floor Area. Floor area is deemed to include:

1. The actual floor space of all habitable rooms on all levels and mezzanines, interior balconies, lofts, and closets;

2. Restrooms, lounges, lobbies, kitchens, storage areas, and interior hallways and corridors;

3. Portions of basements that meet Building Code requirements for habitable space;

4. Enclosed and roofed porches and balconies;

5. Interior courtyards, atria, paseos, walkways and corridors that are fully enclosed;

6. Storage and equipment spaces that are roofed and enclosed on all sides; and

7. Covered parking at or above grade.

B. Excluded from Floor Area. Floor area does not include:

1. Stairways and stairwells;

2. Elevators, elevator equipment rooms, and elevator shafts;

3. Ramps to a subterranean or semi-subterranean parking structure or ramps between floors of a parking structure provided the ramp does not accommodate parking;

4. Loading spaces and docks used exclusively for loading and unloading as required by Section 9.28.080;

5. Unenclosed decks, balconies, porches, and platforms not used for commercial or restaurant activity;

10.D.a
Packet Pg. 305 Attachment: CDD-Ord-Economic Recovery 101122 [Revision 2] (5200 : Permanent Economic Recovery Zoning Ordinance Changes for 17 6. In the Third Street Promenade Area, unenclosed rooftop areas used for commercial or restaurant activity (“unenclosed rooftop areas”), subject to the following specific standards:
a. 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; b. Unenclosed rooftop areas, including barrier, shall be set back a minimum five feet from the edges of the building;
c. Portable restrooms, storage sheds, or other similar temporary structures shall not be permitted on the rooftop;
d. 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;
e. Unenclosed rooftop areas shall not be accessible to the public outside of their normal business operating hours.

76. Covered and uncovered courtyards, arcades, atria, paseos, walkways, and corridors located at or near the street level and are accessible to the general public provided they are not used as sales, display, storage, service, or production areas;

87. Parking areas located below finished grade or finished floor of habitable space where the vertical distance between finished grade and finished floor is 5 feet or less;

98. Semi-subterranean parking areas that meet the following criteria:

10.D.a
Packet Pg. 306 Attachment: CDD-Ord-Economic Recovery 101122 [Revision 2] (5200 : Permanent Economic Recovery Zoning Ordinance Changes for 18 a. The parking area is located below finished grade along a minimum of one street frontage,
b. The portions of the parking area located above finished grade are a result of the site’s slope and cannot feasibly be fully subterranean due to geological or physical site constraints, and
c. The facades of any of the visible portions of the parking area located above finished grade are appropriately treated and landscaped; 109. Mechanical equipment rooms, electrical rooms, telecommunication equipment rooms, and similar space located below grade; 1110. Enclosures constructed pursuant to Section 9.31.060, Automobile Repair, Major and Minor, for outdoor hoists in existence on the adoption of Ordinance Number 1452 (CCS);
1211. Attics;
1312. Accessory dwelling units and junior accessory dwelling units established in accordance with Section 9.31.025.

Section 3. Santa Monica Municipal Code Section 9.04.090 is hereby amended to read as follows:

9.04.090 Determining Floor Area Ratio
Floor Area Ratio (FAR) is the ratio of the floor area, excluding the areas described below, of all principal and accessory buildings on a site to the site area. To calculate FAR, floor area is divided by site area, and typically expressed as a decimal. For example, if the floor area of all buildings on a site totals 20,000 square feet, and the site area is 10,000 square feet, the FAR is expressed as 2.0. For parcels containing one or more zoning

10.D.a
Packet Pg. 307 Attachment: CDD-Ord-Economic Recovery 101122 [Revision 2] (5200 : Permanent Economic Recovery Zoning Ordinance Changes for 19 designations, only that portion zoned for commercial or industrial use shall be used as parcel area when calculating floor area ratio.

A. Floor Area Ratio Exclusions

1. Floor area devoted to basements.

2. Unenclosed decks, balconies, porches, plazas, outdoor dining areas provided the dining areas have no more than a 42-inch high barrier surrounding the dining area and is visible from the public right-of-way, and other open spaces.

3. In the Third Street Promenade Area, unenclosed rooftop areas used for commercial or restaurant activity (“unenclosed rooftop areas”), subject to the following specific standards:
a. 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; b. Unenclosed rooftop areas, including barrier, shall be set back a minimum five feet from the edges of the building;
c. Portable restrooms, storage sheds, or other similar temporary structures shall not be permitted on the rooftop;
d. 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;
e. Unenclosed rooftop areas shall not be accessible to the public outside of their normal business operating hours.

10.D.a
Packet Pg. 308 Attachment: CDD-Ord-Economic Recovery 101122 [Revision 2] (5200 : Permanent Economic Recovery Zoning Ordinance Changes for 20 Section 4. Santa Monica Municipal Code Section 9.10.040 is hereby amended to read as follows:

9.10.040 Land Use Regulations
Table 9.10.040 prescribes the land use regulations for Downtown Districts. The regulations for each district are established by letter designations below. 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.

10.D.a
Packet Pg. 309 Attachment: CDD-Ord-Economic Recovery 101122 [Revision 2] (5200 : Permanent Economic Recovery Zoning Ordinance Changes for 21 Land uses are defined in Chapter 9.51 (“Use Classifications”) of Article 9 of the Santa Monica Municipal Code (“Zoning Ordinance”). Use classifications and sub-classifications not listed in the table are prohibited. 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 this Ordinance.

TABLE 9.10.040 LAND USE REGULATIONS—DOWNTOWN DISTRICTS
Use Classification LT NV
BC
(Promenade)
and Third
Street
Promenade
Area in BC
(2nd & 4th
Streets)
BC (2nd &
4th Streets)
Excluding
Third Street
Promenade
Area in BC
(2nd and 4th
Streets) TA OT WT
Additional
Regulations
Residential Uses
Residential Housing Types See sub-classifications below.

Single Unit Dwelling L(1) L(1) L(1) L(1) L(1) L(1) L(1) Accessory Dwelling Unit P P P P P P P
Section 9.31.025
Accessory Dwelling
Units and Junior
Accessory Dwelling
Units
Junior Accessory Dwelling
Unit P P P P P P P
Section 9.31.025
Accessory Dwelling
Units and Junior
Accessory Dwelling
Units
Duplex P L(3) L(1) L(1) L(1) L(1) L(1)
Multiple-Unit Structure L(1) L(3) L(1) L(1) L(1) L(1) L(1) Senior Citizen Multiple-Unit
Residential L(1) L(3) L(1) L(1) L(1) L(1) L(1)
Single-Room Occupancy
Housing L(1) L(3) L(1) L(1) L(1) L(1) L(1)
Group Residential MUP MUP,
L(3) MUP, L(1) MUP, L(1) MUP MUP MUP
Congregate Housing P
MUP,
L(3) CUP L(1) CUP, L(1) MUP MUP MUP
Section 9.31.110,
Congregate and
Transitional
Housing
Senior Group Residential P
MUP,
L(3) MUP, L(1) MUP, L(1) MUP, L(1)
MUP,
L(1)
MUP,
L(1)
Section 9.31.310,
Senior Group
Residential
Elderly and Long-Term
Care P L(3) L(1) L(1) L(1) L(1) L(1)
Emergency Shelters L(6)/CUP L(6)/
CUP CUP/L(1) L(1), L(6)/CUP
L(6)/
CUP
L(6)/
CUP
L(6)/
CUP
Family Day Care See sub-classifications below.

10.D.a
Packet Pg. 310 Attachment: CDD-Ord-Economic Recovery 101122 [Revision 2] (5200 : Permanent Economic Recovery Zoning Ordinance Changes for 22 TABLE 9.10.040 LAND USE REGULATIONS—DOWNTOWN DISTRICTS Use Classification LT NV
BC
(Promenade)
and Third
Street
Promenade
Area in BC
(2nd & 4th
Streets)
BC (2nd &
4th Streets)
Excluding
Third Street
Promenade
Area in BC
(2nd and 4th
Streets) TA OT WT
Additional
Regulations
Large L(1) L(3) L(1) L(1) L(1) L(1) L(1)
Section 9.31.140,
Family Day Care,
Large
Small L(1) L(3) L(1) L(1) L(1) L(1) L(1)
Residential Facilities See sub-classifications below.

Residential Care, General P L(3) L(1) L(1) P L(1) L(1)
Section 9.31.270,
Residential Care
Facilities
Residential Care, Limited P L(3) L(1) L(1) P L(1) L(1)
Residential Care, Senior P L(3) L(1) L(1) P L(1) L(1)
Hospice, General P L(3) L(1) L(1) P L(1) L(1)
Hospice, Limited P L(3) L(1) L(1) P L(1) L(1)
Supportive Housing P L(3) L(1) L(1) L(1) L(1) L(1)
Transitional Housing P L(3) L(1) L(1) L(1) L(1) L(1)
Public and Semi-Public Uses
Adult Day Care L(1) L(3) L(1) L(1) L(1) L(1) L(1)
Child Care and Early
Education Facilities P P L(1)P P P P P
Section 9.31.120,
Child Care and
Early Education
Facilities
Colleges and Trade Schools,
Public or Private CUP L(1) L(1) L(1) L(1) L(1) L(1)
Community Assembly L(7)/CUP CUP -L(15) P CUP L(1) L(7)/ CUP
Community Gardens P P - P P P P
Cultural Facilities P P P P P P P
Hospitals and Clinics P P L(1) L(1) P - P
Park and Recreation Facilities,
Public P P P P P P P
Public Safety Facilities P P P P P P P
Schools, Public or Private CUP L(3) L(1) P P - CUP
Social Service Centers P P - P P P P
Section 9.31.350,
Social Service
Centers
Commercial Uses
Animal Care, Sales, and
Services See sub-classifications below.

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

Alternative Fuels and
Recharging Facilities
CUP/
L(19)
CUP/
L(19) - -
CUP/
L(19) - -
Automobile Rental L(10) L(10) L(10) L(10) L(10) L(10) L(10) Automobile Storage Use - - - - - - -
New Automobile/Vehicle
Sales and Leasing
L(8),
L(5)/CUP
L(8),
L(5)/CUP
L(8),
L(5)/CUP
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
L(20)/
MUP
- - - - - -
Section 9.31.070
Automobile/Vehicle
Sales, Leasing, and
Storage
Additions larger than
7,500 sq ft to
L(20)/
CUP
- - - - - -

10.D.a
Packet Pg. 311 Attachment: CDD-Ord-Economic Recovery 101122 [Revision 2] (5200 : Permanent Economic Recovery Zoning Ordinance Changes for 23 TABLE 9.10.040 LAND USE REGULATIONS—DOWNTOWN DISTRICTS Use Classification LT NV
BC
(Promenade)
and Third
Street
Promenade
Area in BC
(2nd & 4th
Streets)
BC (2nd &
4th Streets)
Excluding
Third Street
Promenade
Area in BC
(2nd and 4th
Streets) TA OT WT
Additional
Regulations
Automobile/Vehicle Sales
and Leasing buildings
existing as of 7/06/2010
Automobile/Vehicle Repair,
Major
L(19) - - - - - -
Automobile/Vehicle Service
and Repair, Minor
L(19) - - - - - -
Automobile/Vehicle
Washing
L(19) - - - - - -
Service Station L(19) L(19) - - L(19) - -
Towing and Impound - - - - - - -
Banks and Financial
Institutions
See sub-classifications below.

Banks and Credit Unions L(4)/CUP L(3),
L(5)/CUP
- - L(4)/
CUP
L(4)/
CUP
L(4)/
CUP
Check Cashing Businesses - - - - - - -
Business Services L(5)/CUP L(5)/CUP -L(15) L(5)/CUP L(5)/ CUP
L(5)/
CUP
L(5)/
CUP
Commercial Entertainment and
Recreation See sub-classifications below.

Cinemas & Theaters, up to
99 seats
- CUP P P P - -
Cinemas & Theaters, more
than 99 seats
- - CUP P CUP CUP - -
Convention and Conference
Centers

CUP CUP CUP P CUP CUP CUP CUP
Large-Scale Facility L(21)/
CUP
L(21)/
CUP
L(21)/CUP L(21)/ CUP L(21)
/ CUP
L(21)/
CUP
-
Small-Scale Facility L(5)/CUP L(5)/CUP L(5)/CUP L(5)/CUP L(5)/ CUP
L(5)/
CUP
L(5)/
CUP
Section 9.31.340
Small Scale Facility
Fortunetelling P P -P P P P P
Eating and Drinking
Establishments See sub-classifications below.

Bars/Nightclubs/Lounges CUP CUP CUP CUP CUP CUP(10
)
-
Restaurants, Full-Service,
Limited Service & Take-Out
(2,500 sq ft and smaller,
including Outdoor Dining
and Seating)
P P L(22) P P P P Section 9.31.040,
Alcoholic Beverage
Sales
Restaurants, Full-Service,
Limited Service & Take-Out
(2,501 – 5,000 sq ft,
including Outdoor Dining
and Seating)
MUP P P L(22) P P P MUP
P
Section 9.31.280,
Restaurants, Limited
Service, and TakeOut Only
Restaurants, Full-Service,
Limited Service & Take-Out
(greater than 5,000 sq ft,
including Outdoor Dining
and Seating)
Food Hall (up to 175 seats)
CUP
CUP
P
CUP
L(22)
P
P
CUP
P
CUP
P
CUP
CUP
CUP
Section 9.31.200,
Outdoor Dining and
Seating
Equipment Rental - - - - L(5)/ - -

10.D.a
Packet Pg. 312 Attachment: CDD-Ord-Economic Recovery 101122 [Revision 2] (5200 : Permanent Economic Recovery Zoning Ordinance Changes for 24 TABLE 9.10.040 LAND USE REGULATIONS—DOWNTOWN DISTRICTS Use Classification LT NV
BC
(Promenade)
and Third
Street
Promenade
Area in BC
(2nd & 4th
Streets)
BC (2nd &
4th Streets)
Excluding
Third Street
Promenade
Area in BC
(2nd and 4th
Streets) TA OT WT
Additional
Regulations
CUP
Food and Beverage Sales See sub-classifications below.

Convenience Market CUP L(5)/CUP L(5)/CUP L(5)/CUP L(5)/ CUP
L(5)/
CUP
- Section 9.31.040,
Alcoholic Beverage
Sales
Farmer’s Market CUP P P P P P P
General Market L(12)/
CUP
L(12)/
CUP
L(12)/
CUP
L(12)/ CUP L(12)
/
CUP
L(12)/
CUP
L(12)
/ CUP
Section 9.31.040,
Alcoholic Beverage
Sales
Liquor Stores CUP CUP CUP P CUP CUP CUP -
Funeral Parlors and Mortuaries CUP - - - - - -
Instructional Services L(5)/CUP L(3),
L(5)/CUP
L(1),
L(5)/CUP
L(5)/CUP L(5)/
CUP
L(1),
L(5)/
CUP
L(1),
L(5)/
CUP
Live-Work L(13) L(3)(13) L(1)(13) L(13) L(13) L(1)(13) L(13) Section 9.31.170, Live-Work Units
Lodging See sub-classifications below.

Bed and Breakfast MUP MUP MUP P MUP MUP MUP MUP Section 9.31.090, Bed and Breakfasts
Hotels and Motels CUP CUP CUP P CUP CUP CUP CUP,
L(19)
Maintenance and Repair
Services
L(5)/CUP - - - - - -
Nurseries and Garden Centers L(5)/CUP L(5)/CUP - L(5)/CUP L(5)/ CUP
- L(5)/
CUP
Section 9.31.220,
Outdoor Retail
Display and Sales
Offices See sub-classifications below.

Business and Professional L(14)/
CUP
L(3),
L(5)/CUP
L(1) L(1) L(3),
L(5)/
CUP
L(1) L(1)
Creative L(14)/
CUP
L(3),
L(5)/CUP
L(1) L(1) L(3),
L(5)/
CUP
L(1) L(1)
Medical and Dental L(14)/
CUP
L(3),
L(5)/CUP
L(1) P L(1) L(3),
L(5)/
CUP
L(1) L(1)
Walk-In Clientele L(14)/
CUP
L(3),
L(5)/CUP
L(1) L(5)/CUP L(3),
L(5)/
CUP
L(5)/
CUP
L(5)/
CUP
Outdoor Newsstands MUP MUP MUP MUP MUP MUP MUP Section 9.31.210, Outdoor Newsstands
Parking, Public or Private CUP CUP - CUP CUP,
L(11)
- CUP
Personal Services See sub-classifications below.

General Personal Services L(5)/CUP L(5)/CUP L(1),
L(5)/CUP
P
L(5)/CUP L(5)/
CUP
- L(5)/
CUP
Section 9.31.230,
Personal Service
Physical Training L(17),
L(5)/CUP
L(17),
L(5)/CUP
L(1),
L(17),
L(215)/CU
P
L(17),
L(5)/CUP
L(17)
,
L(5)/
CUP
L(17),
L(5)/
CUP
L(17),
L(5)/
CUP
Tattoo or Body Modification
Parlor
MUP MUP MUP P MUP MUP MUP - Section 9.31.230,
Personal Service
Retail Sales See sub-classifications below.

Building Materials Sales
and Services
P - - - - - - Section 9.31.220,
Outdoor Retail
Display and Sales
General Retail Sales, Small- L(5)/CUP L(5)/CUP P L(5)/CUP L(5)/ L(5)/ L(5)/

10.D.a
Packet Pg. 313 Attachment: CDD-Ord-Economic Recovery 101122 [Revision 2] (5200 : Permanent Economic Recovery Zoning Ordinance Changes for 25 TABLE 9.10.040 LAND USE REGULATIONS—DOWNTOWN DISTRICTS Use Classification LT NV
BC
(Promenade)
and Third
Street
Promenade
Area in BC
(2nd & 4th
Streets)
BC (2nd &
4th Streets)
Excluding
Third Street
Promenade
Area in BC
(2nd and 4th
Streets) TA OT WT
Additional
Regulations
Scale CUP CUP CUP
General Retail Sales,
Medium-Scale

CUP CUP CUP P CUP CUP - CUP
General Retail Sales, LargeScale- - - - - - -
Medical Marijuana
Dispensaries
CUP - - - - - - Section 9.31.185,
Medical Marijuana
Dispensaries
Pawn Shops - - - - - - -
Swap Meets - - - - - - -
Industrial Uses
Artist’s Studio P P L(21) L(1) P P P
Commercial Kitchens
Industry, Limited
-
-
-
-
-
L(2),
L(23)
-
-
CUP
-
-
-
-
-
Media Production See sub-classifications below.

Support Facilities L(14)/
CUP
L(3),
L(5)/CUP
L(1) L(1) L(3),
L(5)/
CUP
L(1) L(1)
Transportation, Communication, and Utilities Uses
Bus/Rail Passenger Stations P P P P P - P
City Bike Share Facility P P P P P P P
Communication Facilities See sub-classifications below.

Antennas and Transmission
Towers
- - - - - - -
Equipment within Buildings - - - - - - -
Light Fleet-Based Services - - - - MUP - -
Utilities, Major L(18) - - - - - -
Utilities, Minor P P P P P P P
Specific Limitations:
(1) Limited to upper floors, and on the ground floor where the entire tenant space including the primary entry shall be located at least 5025 feet from the front property line, except for residential units shall be limited to upper floors only. (2) (Reserved) 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.
(3) Between 4th and 4th Court, permitted in mid-block parcels on the ground floor and upper floors. On all other parcels, permitted anywhere on the ground floor if the space has street frontage and was occupied by office on, or is vacant but was occupied by office in the 12 months preceding, the date this Ordinance is effective; otherwise, permitted on upper floors and on the ground floor where the entire tenant space including the primary entry is located at least 50 feet from the front property line.
(4) Permitted except no ground floor tenant space shall exceed 20 linear feet of ground floor street frontage without a Conditional Use Permit.
(5) Permitted if within buildings existing as of the date the ordinance codified in this Chapter is effective. Permitted in 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.
(7) Any community assembly facility abutting a residential district shall require approval of a Conditional Use Permit. (8) Limited to alternative fuel vehicle automobile/vehicle dealer showrooms only which must display one alternative fuel automobile/vehicle if such an automobile/vehicle is available in the dealer’s fleet, and limited to six showrooms in the Third

10.D.a
Packet Pg. 314 Attachment: CDD-Ord-Economic Recovery 101122 [Revision 2] (5200 : Permanent Economic Recovery Zoning Ordinance Changes for 26 TABLE 9.10.040 LAND USE REGULATIONS—DOWNTOWN DISTRICTS Use Classification LT NV
BC
(Promenade)
and Third
Street
Promenade
Area in BC
(2nd & 4th
Streets)
BC (2nd &
4th Streets)
Excluding
Third Street
Promenade
Area in BC
(2nd and 4th
Streets) TA OT WT
Additional
Regulations
Street Promenade Area.
(9) (Reserved)
(10) Permitted as an ancillary use to support a primary use. (11) Limited to public parking facilities only.
(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 users that generate airborne particulates in a unit with an unenclosed kitchen. (14) All new construction requires approval of a Conditional Use Permit or permitted if within buildings existing as of the date the ordinance codified in this Chapter is effective, except:
(a) New additions of 50% or more additional square footage to an existing building at any one time, or incrementally, after the effective date of the ordinance codified in this Chapter, requires approval of a Conditional Use Permit. (b) No ground floor, street-fronting, non-office or non-media production support facility use, non-medical or non-dental office use tenant space shall be changed into an individual office use or a media production support facility use, or individual medical or dental office use occupying more than 7,500 square feet of floor area and/or exceeding 50 linear feet of street frontage without the approval of a Conditional Use Permit. (15) (Reserved) Limited to the ground floor with frontage along 2nd Court and 3rd Court alleys or to upper floors. (16) Limited to public parking facilities only.
(17) Youth-serving personal services, physical training requires review and approval of passenger loading and drop-off plan by the Director.
(18) Limited to electric distribution substations.
(19) Limited to legally established existing uses as of the date this Specific Plan is effective. (20) Auto dealerships existing as of July 6, 2010 are considered permitted uses. Expansions to existing dealerships conforming to the urban auto dealership format standards in Section 9.31.070, Automobile/Vehicle Sales, Leasing and Storage are permitted. Expansions to existing dealerships of 7,500 square feet or less that do not conform to the urban auto dealership format standards shall require an MUP. Expansions to existing dealerships larger than 7,500 square feet that do not conform to the urban auto dealership formal standards shall require a CUP. (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. (23) Excludes commercial laundries and dry cleaning plants, monument works, medicinal cannabis, and medicinal cannabis products.

A. Conversion of Any Portion of an Eating and Drinking Establishment to Any Other New or Expanded Use Located on the Ground Floor within the BC (Promenade) District.

10.D.a
Packet Pg. 315 Attachment: CDD-Ord-Economic Recovery 101122 [Revision 2] (5200 : Permanent Economic Recovery Zoning Ordinance Changes for 27 1. The conversion of any portion of an eating and drinking establishment in existence as of the effective date of this Plan to any other new or expanded use located on the ground floor within the BC (Promenade) District shall obtain a Conditional Use Permit subject to the following additional findings being made in the affirmative:
a. The proposed use would preserve the unique mixture of restaurants, retail, and entertainment on the Third Street Promenade and maintain the vitality and diversity of the Promenade;
b. The proposed use would retain at least 50% of the existing outdoor dining or 500 square feet, whichever is greater;
c. For tenant spaces located on a corner, the eating and drinking establishment use must remain entirely on the Third Street Promenade frontage.

For tenant spaces not located on a corner, the non-eating and drinking establishment use does not occupy more than 33% of the Promenade frontage.

Section 5. Santa Monica Municipal Code Section 9.11.020 is hereby amended to read as follows:

9.11.020 Land Use Regulations
Table 9.11.020 prescribes the land use regulations for Mixed-Use and Commercial Districts. The regulations for each district are established by letter designations below.

These designations apply strictly to the permissibility of land uses; applications for buildings or structures may require discretionary review. “P” designates permitted uses.

10.D.a
Packet Pg. 316 Attachment: CDD-Ord-Economic Recovery 101122 [Revision 2] (5200 : Permanent Economic Recovery Zoning Ordinance Changes for 28 “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 sub-classifications not listed in the table are prohibited. 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 this Ordinance.

TABLE 9.11.020: LAND USE REGULATIONS—COMMERCIAL AND MIXED-USE CORRIDOR DISTRICTS Use Classification MUBL MUB GC NC Additional Regulations Residential Uses
Residential Housing Types See sub-classifications below.

Single Unit Dwelling P P P P
Accessory Dwelling Unit P P P P
Section 9.31.025, Accessory
Dwelling Units and Junior
Accessory Dwelling Units
Junior Accessory Dwelling Unit p p P p
Section 9.31.025, Accessory
Dwelling Units and Junior
Accessory Dwelling Units
Duplex P P P P
Multiple-Unit Structure P P P P
Senior Citizen Multiple-Unit Residential P P P P
Single-Room Occupancy Housing P P P P
Group Residential MUP MUP MUP MUP
Congregate Housing P P P P
Senior Group Residential P P P P Section 9.31.310, Senior Group

10.D.a
Packet Pg. 317 Attachment: CDD-Ord-Economic Recovery 101122 [Revision 2] (5200 : Permanent Economic Recovery Zoning Ordinance Changes for 29 TABLE 9.11.020: LAND USE REGULATIONS—COMMERCIAL AND MIXED-USE CORRIDOR DISTRICTS Use Classification MUBL MUB GC NC Additional Regulations Residential
Elderly and Long-Term Care P P P –
Emergency Shelters L(3)/CUP L(3)/CUP L(3)/CUP L(3)/CUP Section 9.31.130, Emergency Shelters
Family Day Care See sub-classifications below.

Large P P P P
Section 9.31.140, Family Day
Care, Large
Small P P P P
Residential Facilities See sub-classifications below.

Residential Care, General P P P P
Section 9.31.270, Residential
Care Facilities
Residential Care, Limited P P P P
Section 9.31.270, Residential
Care Facilities
Residential Care, Senior P P P P
Section 9.31.270, Residential
Care Facilities
Hospice, General P P P P
Hospice, Limited P P P P
Supportive Housing P P P P
Transitional Housing P P P P
Public and Semi-Public Uses
Adult Day Care P P P L(2)/CUP
Child Care and Early Education Facilities P P P L(2)/CUP Section 9.31.120, Child Care and Early Education Facilities
Colleges and Trade Schools, Public or Private CUP CUP P CUP Community Assembly L(18)/CUP L(18)/CUP L(18)/CUP L(18)/CUP Community Gardens P P P P
Cultural Facilities P P P L(2)/CUP
Hospitals and Clinics – P CUP –
Park and Recreation Facilities, Public P P P P
Public Safety Facilities P P P CUP
Schools, Public or Private P CUP CUP P
Social Service Centers P P P P
Section 9.31.350, Social Service
Centers
Commercial Uses
Animal Care, Sales, and Services See sub-classifications below.

Grooming and Pet Stores L(19)/CUP L(19)/CUP L(19)/CUP L(2)/CUP No more than 10 dogs or cats may be kept overnight
Pet Day Care Services MUP MUP MUP MUP
Veterinary Services MUP MUP MUP MUP
Automobile/Vehicle Sales and Service See sub-classifications below.

Alternative Fuels and Recharging Facilities CUP CUP CUP CUP Automobile Rental CUP MUP MUP –
Section 9.31.050, Automobile
Rental
Automobile Storage Use L(4)/CUP – – –
New Automobile/Vehicle Sales and Leasing – – CUP(6) –
Section 9.31.070,
Automobile/Vehicle Sales,
Leasing, and Storage
Additions 7,500 square feet or less to
Automobile/Vehicle Sales and Leasing buildings
existing as of 07/06/2010
L(5)/MUP L(5)/MUP L(5)/MUP –
Section 9.31.070,
Automobile/Vehicle Sales,
Leasing, and Storage
Additions larger than 7,500 square feet to
Automobile/ CUP (5) CUP (5) CUP (5) –
Section 9.31.070,
Automobile/Vehicle Sales,

10.D.a
Packet Pg. 318 Attachment: CDD-Ord-Economic Recovery 101122 [Revision 2] (5200 : Permanent Economic Recovery Zoning Ordinance Changes for 30 TABLE 9.11.020: LAND USE REGULATIONS—COMMERCIAL AND MIXED-USE CORRIDOR DISTRICTS Use Classification MUBL MUB GC NC Additional Regulations Vehicle Sales and Leasing buildings existing as
of 07/06/2010
Leasing, and Storage
Automobile/Vehicle Repair, Major – – CUP –
Section 9.31.060,
Automobile/Vehicle Repair,
Major and Minor
Automobile/Vehicle Service and Repair, Minor CUP – CUP – Section 9.31.060,
Automobile/Vehicle Repair,
Major and Minor
Automobile/Vehicle Washing – – CUP –
Section 9.31.080,
Automobile/Vehicle Washing
Service Station CUP CUP MUP – Section 9.31.320, Service Stations Towing and Impound – – CUP –
Banks and Financial Institutions See sub-classifications below.

Banks and Credit Unions L(2)/CUP L(2)/CUP L(2)/CUP L(2)/CUP Check Cashing Businesses – – – –
Business Services L(19)/CUP L(19)/CUP L(19)/CUP L(2)/CUP Commercial Entertainment and Recreation See sub-classifications below.

Cinemas L(7) – – L(7)
Theaters L(8)/CUP L(8)/CUP L(8)/CUP L(8)/CUP
Convention and Conference Centers – CUP CUP –
Large-Scale Facility CUP CUP CUP -
Small-Scale Facility L(9)/CUP L(9)/CUP L(9)/CUP CUP (16) Section 9.31.340, Small-Scale Facility, Game Arcades
Fortunetelling P P P P
Eating and Drinking Establishments See sub-classifications below.

Bars/Nightclubs/Lounges CUP CUP CUP -
Section 9.31.040, Alcoholic
Beverage Sales
Restaurants, Full-Service, Limited Service &
Take-Out (2,500 square feet and smaller,
including Outdoor Dining and Seating)
P P P L(10)(11)
Section 9.31.040, Alcoholic
Beverage Sales
Section 9.31.280, Restaurants,
Limited Service and Take-Out
Only
Section 9.31.290, Restaurants
With Entertainment
Section 9.31.200, Outdoor Dining
and Seating
Restaurants, Full-Service, Limited Service &
Take-Out (2,501 – 5,000 square feet, including
Outdoor Dining and Seating)

MUP P MUP P MUP P
MUP P
(10)(11)
Section 9.31.040, Alcoholic
Beverage Sales
Section 9.31.280, Restaurants,
Limited Service and Take-Out
Only
Section 9.31.290, Restaurants
With Entertainment
Section 9.31.200, Outdoor Dining
and Seating
Restaurants, Full-Service, Limited Service &
Take-Out (greater than 5,000 square feet,
including Outdoor Dining and Seating)
CUP CUP CUP CUP (10)(11)
Section 9.31.040, Alcoholic
Beverage Sales
Section 9.31.280, Restaurants,
Limited Service and Take-Out
Only
Section 9.31.290, Restaurants
With Entertainment
Section 9.31.200, Outdoor Dining
and Seating
Food Hall (up to 175 seats) CUP CUP CUP CUP
Equipment Rental – L(19)/CUP L(19)/CUP –

10.D.a
Packet Pg. 319 Attachment: CDD-Ord-Economic Recovery 101122 [Revision 2] (5200 : Permanent Economic Recovery Zoning Ordinance Changes for 31 TABLE 9.11.020: LAND USE REGULATIONS—COMMERCIAL AND MIXED-USE CORRIDOR DISTRICTS Use Classification MUBL MUB GC NC Additional Regulations Food and Beverage Sales See sub-classifications below.

Convenience Market CUP CUP CUP CUP Section 9.31.040, Alcoholic Beverage Sales
Farmers Markets CUP CUP CUP CUP
General Market L(12)/CUP L(12)/CUP L(12)/CUP L(12)/CUP Section 9.31.040, Alcoholic Beverage Sales
Liquor Stores CUP CUP CUP CUP Section 9.31.040, Alcoholic Beverage Sales
Funeral Parlors and Mortuaries – CUP CUP –
Instructional Services L(19)/CUP L(19)/CUP L(19)/CUP L(17)/CUP Live-Work L(14) L(14) L(14) L(14) Section 9.31.170, Live-Work Lodging See sub-classifications below.

Bed and Breakfast MUP MUP MUP MUP Section 9.31.090, Bed and Breakfasts
Hotels and Motels CUP CUP CUP –
Maintenance and Repair Services L(19)/CUP L(19)/CUP L(19)/CUP L(2)/CUP Nurseries and Garden Centers L(19)/CUP L(19)/CUP L(19)/CUP L(17)/CUP Section 9.31.220, Outdoor Retail Display and Sales
Offices See sub-classifications below.

Business and Professional L(21)/CUP L(21)/CUP L(21)/CUP L(21)/CUP Creative L(21)/CUP L(21)/CUP L(21)/CUP L(21)/CUP
Medical and Dental L(21)/CUP L(21)/CUP L(21)/CUP L(21)/CUP Walk-In Clientele L(21)/CUP L(21)/CUP L(21)/CUP L(21)/CUP Outdoor Newsstands MUP MUP MUP MUP Section 9.31.210, Outdoor Newsstands
Parking, Public or Private CUP CUP CUP CUP
Personal Services See sub-classifications below.

General Personal Services L(19)/CUP L(19)/CUP L(19)/CUP L(2)/CUP Section 9.31.230, Personal Service
Personal Services, Physical Training L(19)(20) L(19)(20) L(19)(20) L(2)(20)/CUP Tattoo or Body Modification Parlor MUP MUP MUP MUP Section 9.31.230, Personal Service
Retail Sales See sub-classifications below.

Building Materials Sales and Services – – CUP –
Section 9.31.220, Outdoor Retail
Display and Sales
General Retail Sales, Small-Scale L(19)/CUP L(19)/CUP L(19)/CUP L(2)/CUP Section 9.31.220, Outdoor Retail Display and Sales
General Retail Sales, Medium-Scale CUP CUP L(19)/CUP –
Section 9.31.220, Outdoor Retail
Display and Sales
General Retail Sales, Large-Scale – – CUP –
Section 9.31.220, Outdoor Retail
Display and Sales
Medical Marijuana Dispensaries CUP(15) CUP(15) CUP(15)
–
Section 9.31.185, Medical
Marijuana Dispensaries
Pawn Shops
– – – –
Swap Meets – – CUP – Section 9.31.360, Swap Meets
Industrial Uses
Artist’s Studio P P P P
Commercial Kitchens – – CUP –
Media Production See sub-classifications below.

Support Facilities L(21)/CUP L(21)/CUP L(21)/CUP L(21)/CUP Transportation, Communication, and Utilities Uses

10.D.a
Packet Pg. 320 Attachment: CDD-Ord-Economic Recovery 101122 [Revision 2] (5200 : Permanent Economic Recovery Zoning Ordinance Changes for 32 TABLE 9.11.020: LAND USE REGULATIONS—COMMERCIAL AND MIXED-USE CORRIDOR DISTRICTS Use Classification MUBL MUB GC NC Additional Regulations Bus/Rail Passenger Stations P P P P
City Bikeshare Facility P P P P
Communication Facilities See sub-classifications below.

Antennas and Transmission Towers – – CUP –
Equipment within Buildings – – P –
Light Fleet-Based Services – – CUP –
Utilities, Major – L(13) L(13) –
Utilities, Minor P P P P
Specific Limitations:
(1) Reserved.
(2) Limitation shall only apply to new construction and alterations to existing buildings that result in a combination or enlargement of tenant spaces: Limited to facilities with no more than 7,500 square feet of floor area and/or 40 linear feet of ground floor street frontage; greater area and/or width requires approval of a Conditional Use Permit. (3) Limited to shelters containing less than 55 beds; Conditional Use Permit required for emergency shelters with 55 or more beds.
(4) Limited to automobile storage use associated with existing automobile dealerships selling new vehicles; otherwise, requires Conditional Use Permit.
(5) Auto dealerships existing as of July 6, 2010 are considered permitted uses. Expansions to existing dealerships conforming to the Urban Auto Dealership Format standards in Section 9.31.070, Automobile/Vehicle Sales, Leasing, and Storage are permitted. Expansions to existing dealerships that do not conform to the Urban Auto Dealership Format standards shall require a MUP or CUP.
(6) New auto dealerships may be allowed, subject to approval of a Conditional Use Permit, only on sites with frontage on Santa Monica Boulevard between Lincoln Boulevard and 20th Street on Lincoln Boulevard between Interstate 10 and Santa Monica Boulevard. In other locations, new automobile dealerships are not permitted. (7) Limited to existing cinema buildings. New cinemas are not permitted. (8) Limited to theaters with 75 or fewer seats. Theaters with more than 75 seats require Conditional Use Permit. (9) Limited to exercise facilities (e.g., yoga, Pilates, martial arts, and dance studios) and arts instruction facilities. Other small-scale commercial recreation uses require approval of a Conditional Use Permit. (10) Limited to restaurants with 50 or fewer seats.
(11) Limited to 2 restaurants greater than 2,500 5,000 square feet per block along Main Street. A block is defined as both sides of Main Street and the adjacent sides of adjoining side streets. Portions of Main Street to be designated a “block” for the purpose of this Section are as follows:

Block 1: South City limits to Marine Street.

Block 2: Marine Street to Pier Avenue.

Block 3: Pier Avenue to Ashland Avenue.

Block 4: Ashland Avenue to Hill.

Block 5: Hill to Ocean Park Boulevard.

Block 6: Ocean Park Boulevard to Hollister Avenue (total of four restaurants and bars permitted in this block).

Block 7: Hollister Avenue to Strand.

Block 8: Strand to Pacific.

Block 9: Pacific to Bicknell.

Block 10: Bicknell to Bay.

Block 11: Bay to Pico Boulevard.

North of Ocean Park Boulevard restaurants shall be subject to the following requirements:
• Only one restaurant on the east side of each block shall be permitted. • No more than 200 seats per each block shall be permitted, except that no more than 400 seats shall be permitted in Block 6.

On-sale alcohol outlets may not exceed 12 in number north of Ocean Park Boulevard. Of the 12 total on-sale outlets, no more than 5 shall have on-sale general licenses.

Bars may not exceed 4 in number south of Ocean Park Boulevard, nor 2 in number north of Ocean Park Boulevard.

Existing uses and existing number of seats shall count toward the total number of bars and restaurants and seating requirements permitted within the district.
(12) General markets greater than 15,000 square feet require a Conditional Use Permit. In the Neighborhood Commercial District, establishments shall not exceed 25,000 square feet of floor area. (13) Limited to electric distribution substations.
(14) If the commercial use requires a MUP or CUP, an application shall be required in accordance with 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.

10.D.a
Packet Pg. 321 Attachment: CDD-Ord-Economic Recovery 101122 [Revision 2] (5200 : Permanent Economic Recovery Zoning Ordinance Changes for 33 TABLE 9.11.020: LAND USE REGULATIONS—COMMERCIAL AND MIXED-USE CORRIDOR DISTRICTS Use Classification MUBL MUB GC NC Additional Regulations (15) Medical marijuana dispensaries are limited to the following locations:

MUB District along Wilshire Boulevard between Lincoln Boulevard and Centinela Avenue; GC District along Santa Monica Boulevard between Lincoln Boulevard and 20th Street; and MUBL District along Santa Monica Boulevard between 23rd Street and Centinela Avenue. (16) Limited to facilities of no more than 3,000 square feet of floor area. (17) Limitation shall only apply to new construction and alterations to existing buildings that result in a combination or enlargement of tenant spaces: No individual tenant space in the NC District shall occupy more than 7,500 square feet of floor area and/or exceed 50 linear feet of ground floor street frontage without the approval of a Conditional Use Permit. (18) Any community assembly facility abutting a residential district shall require a Conditional Use Permit. (19) Limitation shall only apply to new construction and alterations to existing buildings that result in a combination or enlargement of tenant spaces: No individual tenant space in the MUBL, MUB, and GC Districts shall occupy more than 12,500 square feet of floor area and/or exceed 75 linear feet of ground floor street frontage without the approval of a Conditional Use Permit.
(20) Youth-serving personal services, physical training requires review and approval of a passenger loading and drop-off plan by the Director.
(21) Permitted if within buildings existing as of July 24, 2015, subject to the active use requirement, except:

All new construction, including new additions of 50% or more additional square footage to an existing building at any one time, or incrementally, after the effective date of this Ordinance, requires approval of a Conditional Use Permit.

In the NC District, ground floor, street-fronting, tenant space occupied by non-media production, support facility uses shall not be changed to an individual office use or media production, support facility use occupying more than 12,500 square feet of floor area and/or exceeding 75 linear feet of street frontage without the approval of a Conditional Use Permit.

In the NC District, no non-medical or non-dental office use tenant space shall be changed to an individual medical or dental office use anywhere in an existing building occupying more than 7,500 square feet of floor area and/or exceeding 50 linear feet of ground floor street frontage without the approval of a Conditional Use Permit. • In the MUBL, MUB, and GC Districts, no non-medical or non-dental office use tenant space shall be changed to an individual medical or dental office use anywhere in an existing building occupying more than 12,500 square feet of floor area and/or exceeding 75 linear feet of ground floor street frontage without approval of a Conditional Use Permit.

Section 6. Santa Monica Municipal Code Section 9.13.020 is hereby amended to read as follows:

9.13.020 Land Use Regulations
Table 9.13.020 prescribes the land use regulations for the Employment Districts. The regulations for each district are established by letter designations below. 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.

10.D.a
Packet Pg. 322 Attachment: CDD-Ord-Economic Recovery 101122 [Revision 2] (5200 : Permanent Economic Recovery Zoning Ordinance Changes for 34 “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.

TABLE 9.13.020: LAND USE REGULATIONS—EMPLOYMENT DISTRICTS Use Classification IC OC HMU Additional Regulations
Residential Uses
Residential Housing Types See sub-classifications below.

Single Unit Dwelling – – P
Accessory Dwelling Unit – – P
Section 9.31.025, Accessory
Dwelling Units and Junior
Accessory Dwelling Units
Junior Accessory Dwelling Unit – – P
Section 9.31.025, Accessory
Dwelling Units and Junior
Accessory Dwelling Units
Multiple-Unit Structure – – P
Senior Citizen Multiple-Unit Residential – – P
Single-Room Occupancy Housing – – P
Congregate Housing L (1) L (1) P
Senior Group Residential CUP CUP P
Section 9.31.310, Senior Group
Residential
Elderly and Long-Term Care – P P
Emergency Shelters L (2)/CUP L (2)/CUP L (2)/CUP Section 9.31.130, Emergency Shelters
Family Day Care See sub-classifications below.

10.D.a
Packet Pg. 323 Attachment: CDD-Ord-Economic Recovery 101122 [Revision 2] (5200 : Permanent Economic Recovery Zoning Ordinance Changes for 35 TABLE 9.13.020: LAND USE REGULATIONS—EMPLOYMENT DISTRICTS Use Classification IC OC HMU Additional Regulations
Small P P P
Large P P P
Section 9.31.140, Family Day Care,
Large
Residential Facilities See sub-classifications below.

Residential Care, Limited P P P
Section 9.31.270, Residential Care
Facilities
Residential Care, Senior P P P
Hospice, Limited P P P
Supportive Housing P P P
Transitional Housing P P P
Public and Semi-Public Uses
Adult Day Care MUP P P
Child Care and Early Education Facilities MUP P P
Section 9.31.120, Child Care and
Early Education Facilities
Colleges and Trade Schools, Public or Private – CUP –
Community Assembly CUP CUP CUP
Community Gardens P P P
Cultural Facility – – CUP
Hospitals and Clinics – – P
Park and Recreation Facilities, Public P P P
Public Safety Facilities MUP MUP P
Schools, Public or Private L (3)/CUP L (3)/CUP P
Social Service Centers MUP MUP P
Section 9.31.350, Social Service
Centers
Commercial Uses
Animal Care, Sales, and Services See sub-classifications below.

Kennels CUP – –
Pet Day Care Services MUP – –
Veterinary Services P – –
Automobile/Vehicle Sales and Service See sub-classifications below.

Alternative Fuels and Recharging
Facilities L (5)/CUP CUP –
Automobile Rental L (4) P –
Section 9.31.050, Automobile
Rental
Automobile Storage Use CUP CUP –
Automobile/Vehicle Sales and Leasing CUP CUP –
Section 9.31.070,
Automobile/Vehicle Sales, Leasing,
and Storage
Automobile/Vehicle Repair, Major L (5)/CUP – –
Section 9.31.060,
Automobile/Vehicle Repair, Major
and Minor
Automobile/Vehicle Service and Repair,
Minor L (5)/CUP – –
Section 9.31.060,
Automobile/Vehicle Repair, Major
and Minor
Automobile/Vehicle Washing CUP – –
Section 9.31.080,
Automobile/Vehicle Washing
Large Vehicle and Equipment Sales,
Service, and Rental CUP – –

10.D.a
Packet Pg. 324 Attachment: CDD-Ord-Economic Recovery 101122 [Revision 2] (5200 : Permanent Economic Recovery Zoning Ordinance Changes for 36 TABLE 9.13.020: LAND USE REGULATIONS—EMPLOYMENT DISTRICTS Use Classification IC OC HMU Additional Regulations
Service Station L (5)/CUP CUP – Section 9.31.320, Service Stations Towing and Impound L (5)/CUP – –
Banks and Financial Institutions See sub-classifications below.

Banks and Credit Unions – L (6) CUP
Business Services P L (6) P
Commercial Entertainment and Recreation See sub-classifications below.

Cinemas – – –
Theaters L (7)/CUP – –
Convention and Conference Centers – CUP –
Small-Scale Facility L (8)/CUP MUP (6) CUP Section 9.31.340, Small-Scale Facility, Game Arcades
Eating and Drinking Establishments See sub-classifications below.

Restaurants, Full-Service, Limited Service
& Take-Out, With Entertainment, With
Outdoor Eating Areas (2,500 SF and
smaller)
P L (6) P
Section 9.31.040, Alcoholic
Beverage Sales
Section 9.31.280, Restaurants,
Limited-Service and Take Out
Section 9.31.290, Restaurants with
Entertainment
Section 9.31.200, Outdoor Dining
and Seating
Restaurants, Full-Service, Limited Service
& Take-Out, With Entertainment, With
Outdoor Eating Areas (2,501 – 5,000 SF)
-P MUP (6)P P
Section 9.31.040, Alcoholic
Beverage Sales
Section 9.31.280, Restaurants,
Limited-Service and Take Out
Section 9.31.290, Restaurants with
Entertainment
Section 9.31.200, Outdoor Dining
and Seating
Restaurants, Full-Service, Limited Service
& Take-Out, With Entertainment, With
Outdoor Eating Areas (Greater than 5,000
SF)
– CUP (6) P
Section 9.31.040, Alcoholic
Beverage Sales
Section 9.31.280, Restaurants,
Limited-Service and Take Out
Section 9.31.290, Restaurants with
Entertainment
Section 9.31.200, Outdoor Dining
and Seating
Food Hall (up to 175 seats) CUP CUP CUP
Equipment Rental P – P
Food and Beverage Sales See sub-classifications below.

Convenience Markets L (6) L (6) P
Farmers Markets CUP – –
Funeral Parlor and Mortuary – – CUP
Live-Work L (14) CUP L (14) Section 9.31.170, Live-Work Offices See sub-classifications below.

Business and Professional L (9) P P
Creative P P –
Medical and Dental – P P
Walk-In Clientele L (10) L (6) L (10)
Parking, Public or Private CUP CUP CUP
Personal Services See sub-classifications below.

10.D.a
Packet Pg. 325 Attachment: CDD-Ord-Economic Recovery 101122 [Revision 2] (5200 : Permanent Economic Recovery Zoning Ordinance Changes for 37 TABLE 9.13.020: LAND USE REGULATIONS—EMPLOYMENT DISTRICTS Use Classification IC OC HMU Additional Regulations
General Personal Services – L (6) P
Personal Services, Physical Training – L (6) CUP
Retail Sales See sub-classifications below.

Building Materials Sales and Services P – –
Section 9.31.220, Outdoor Retail
Display and Sales
Firearms and Ammunition Sales – – –
General Retail Sales, Small-Scale CUP (11) MUP (6) P
Section 9.31.220, Outdoor Retail
Display and Sales
Medical Marijuana Dispensaries – – CUP Section 9.31.185, Medical Marijuana Dispensaries
Industrial Uses
Artist’s Studio P P P
Commercial Kitchens P – –
Industry, General P CUP (12) –
Research and Development P CUP (12) P
Industry, Limited P CUP (12) –
Media Production P P –
Recycling Facility See sub-classifications below.

Recycling Collection Facility P – –
Recycling Processing Facility P – –
Warehousing, Storage, and Distribution See sub-classifications below.

Indoor Warehousing and Storage P – –
Outdoor Storage CUP (13) – –
Personal Storage P CUP – Section 9.31.240, Personal Storage Wholesaling and Distribution P – –
Transportation, Communication, and Utilities Uses
Bus/Rail Passenger Stations P P P
City Bikeshare Facility P P P
Communication Facilities See sub-classifications below.

Antennas and Transmission Towers CUP – CUP Chapter 9.32, Telecommunication Facilities
Facilities within Buildings CUP P CUP
Light Fleet-Based Services CUP – –
Utilities See sub-classifications below.

Utilities, Major P P –
Utilities, Minor P P P

10.D.a
Packet Pg. 326 Attachment: CDD-Ord-Economic Recovery 101122 [Revision 2] (5200 : Permanent Economic Recovery Zoning Ordinance Changes for 38 TABLE 9.13.020: LAND USE REGULATIONS—EMPLOYMENT DISTRICTS Use Classification IC OC HMU Additional Regulations
Specific Limitations:
(1) Limited to 100% affordable housing projects. For senior citizen multiple-unit residential projects in the Office Campus District that are not 100% affordable approval of a Conditional Use Permit is required. (2) Homeless shelters with less than 55 beds are permitted by right. Homeless shelters with 55 beds or more may be permitted with application for and approval of a Conditional Use Permit. (3) Permitted if existing. New uses require approval of a Conditional Use Permit. (4) Limited to accessory automobile rental facilities located within automobile/vehicle repair use. (5) Permitted if located 100 ft. or more from any residential use or district. Conditional Use Permit required if located within 100 ft. of a residential use or district.
(6) Conditionally permitted as businesses that provide goods and services to employees on the premises. No more than 25% of the total square footage of a development may be devoted to such businesses. (7) Limited to theaters with 99 seats or less and 10,000 sq. ft. or less. Larger theaters require a Conditional Use Permit. (8) Exercise facilities (e.g., yoga, Pilates, martial arts, and dance studios) permitted by right. Other small-scale commercial recreation uses require a Conditional Use Permit.
(9) Permitted if existing or accessory to a primary permitted use on the same site and not exceeding 25 percent of the gross floor area of the primary permitted use.
(10) Permitted if existing. New uses are not permitted. (11) Limited to retail sales of goods manufactured on the premises provided that the floor space devoted to such use does not exceed 20% of the gross floor area of the primary permitted use or 2,000 sq. ft., whichever is less. (12) Such uses must be conducted within an enclosed building or an open enclosure screened from public view. In order to approve a Conditional Use Permit, the review authority must make a finding that proposed uses are compatible with office and advanced technological uses.
(13) Limited to outdoor storage of fleet vehicles if such vehicles are directly related to the primary operation on the site. (14) If the commercial use requires a MUP or CUP, an application shall be required in accordance with 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.

Section 7. Santa Monica Municipal Code Section 9.14.020 is hereby amended to read as follows:

9.14.020 Land Use Regulations
Table 9.14.020 prescribes the land use regulations for the Oceanfront District. The regulations for each district are established by letter designations listed below. 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.

10.D.a
Packet Pg. 327 Attachment: CDD-Ord-Economic Recovery 101122 [Revision 2] (5200 : Permanent Economic Recovery Zoning Ordinance Changes for 39 “CUP” designates use classifications that are permitted after review and approval of a Conditional Use Permit.
“MUP” designates use classifications that are permitted after review and approval of a Minor Use Permit.
“–” designates uses that are not permitted.

Land uses are defined in Chapter 9.51, Use Classifications. Use classifications and subclassifications not listed in the table are prohibited. 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 this Ordinance.

TABLE 9.14.020: LAND USE REGULATIONS—OCEANFRONT DISTRICT Use Classification OF Additional Regulations
Residential Uses
Residential Housing Types See sub-classifications below.

Single Unit Dwelling P
Accessory Dwelling Unit P
Section 9.31.025, Accessory Dwelling Units
and Junior Accessory Dwelling Units
Junior Accessory Dwelling Unit P
Section 9.31.025, Accessory Dwelling Units
and Junior Accessory Dwelling Units
Duplex P
Multiple-Unit Dwelling P
Senior Citizen Multiple-Unit
Residential P
Single-Room Occupancy Housing P
Section 9.31.330, Single Room Occupancy
Uses
Group Residential MUP
Congregate Housing P
Section 9.31.110, Congregate and
Transitional Housing
Senior Group Residential P Section 9.31.310, Senior Group Residential Elderly and Long-Term Care P
Emergency Shelters CUP Section 9.31.130, Emergency Shelters Family Day Care See sub-classifications below.

Large P Section 9.31.140, Family Day Care, Large

10.D.a
Packet Pg. 328 Attachment: CDD-Ord-Economic Recovery 101122 [Revision 2] (5200 : Permanent Economic Recovery Zoning Ordinance Changes for 40 TABLE 9.14.020: LAND USE REGULATIONS—OCEANFRONT DISTRICT Use Classification OF Additional Regulations
Small P
Residential Facilities See sub-classifications below.

Residential Care, General P
Section 9.31.270, Residential Care
Facilities
Residential Care, Limited P
Section 9.31.270, Residential Care
Facilities
Residential Care, Senior P
Section 9.31.270, Residential Care
Facilities
Supportive Housing P
Transitional Housing P
Public and Semi-Public Uses
Adult Day Care CUP
Child Care and Early Education Facilities CUP Section 9.31.120, Child Care and Early Education Facilities
Cultural Facilities CUP
Park and Recreations Facilities, Public P
Schools P
Commercial Uses
Automobile/Vehicle Sales and Service See sub-classifications below.

Automobile Rental MUP Section 9.31.050, Automobile Rental Commercial, Entertainment, and Recreation See sub-classifications below.

Theaters L(1)
Convention and Conference Centers P
Small-Scale Facility P
Section 9.31.340, Small-Scale Facility,
Game Arcades
Large-Scale Facility L(2)/CUP
Eating and Drinking Establishments See sub-classifications below.

Bars/Nightclubs/Lounges L(3)/CUP Section 9.31.040, Alcoholic Beverage Sales Restaurants, Full-Service including
Outdoor Dining and Seating P
Section 9.31.040, Alcoholic Beverage Sales
Section 9.31.280, Restaurants, Limited
Service and Take-Out Only
Section 9.31.290, Restaurants With
Entertainment
Section 9.31.200, Outdoor Dining and
Seating
Chapter 9.20, Beach Overlay District
Restaurants, Limited Service and TakeOut Only including Outdoor Dining and Seating
P
Section 9.21.040, Alcoholic Beverage Sales
Section 9.31.280, Restaurants, LimitedService and Take Out Only Section 9.31.290, Restaurants With
Entertainment
Section 9.31.200, Outdoor Dining and
Seating
Chapter 9.20, Beach Overlay District
Food Hall (up to 175 seats) CUP
Food and Beverage Sales See sub-classifications below.

Convenience Markets P Section 9.31.040, Alcoholic Beverage Sales Farmers Markets MUP

10.D.a
Packet Pg. 329 Attachment: CDD-Ord-Economic Recovery 101122 [Revision 2] (5200 : Permanent Economic Recovery Zoning Ordinance Changes for 41 TABLE 9.14.020: LAND USE REGULATIONS—OCEANFRONT DISTRICT Use Classification OF Additional Regulations
General Markets L(4) Section 9.31.040, Alcoholic Beverage Sales Liquor Stores CUP Section 9.31.040, Alcoholic Beverage Sales Lodging See sub-classifications below.

Bed and Breakfast CUP Within Designated Landmarks only.

Section 9.31.090, Bed and Breakfasts
Offices See sub-classifications below.

Business and Professional L(5)/CUP
Creative L(5)/CUP
Walk-In Clientele L(5)/CUP
Parking, Public or Private CUP
General Personal Services MUP
Retail Sales See sub-classifications below.

General Retail Sales, Small-Scale P
Section 9.31.220, Outdoor Retail Display
and Sales
Transportation, Communication, and Utilities Uses
City Bikeshare Facility P
Specific Limitations:
(1) Limited to theaters for live performances.
(2) Existing large-scale commercial, entertainment, and recreation facilities existing as of the date of this Ordinance are permitted. Any new large-scale commercial, entertainment, and recreation facilities require approval of a Conditional Use Permit.
(3) Bars, nightclubs, and lounges are only permitted on the Pier, on Oceanfront Walk, and within hotels. (4) Limited to establishments with no more than 2,500 sq. ft. of floor area. (5) Office uses on the ground floor street frontage may not exceed 25% of the parcel width or 1,000 sq. ft, whichever is less.

Section 8. Santa Monica Municipal Code Section 9.14.030 is hereby amended to read as follows:

9.14.030 Development Standards
Table 9.14.030 prescribes the development standards for the Oceanfront District.

Additional regulations are denoted with Section numbers in the right-hand column or with individual letters in parentheses. Section numbers refer to other Sections of this Article, while individual letters in parentheses refer to subsections that directly follow the table.

10.D.a
Packet Pg. 330 Attachment: CDD-Ord-Economic Recovery 101122 [Revision 2] (5200 : Permanent Economic Recovery Zoning Ordinance Changes for 42 TABLE 9.14.030: DEVELOPMENT STANDARDS—OCEANFRONT DISTRICT Standard OF Additional Regulations
Parcel and Intensity Standards
Minimum Parcel Size (sq. ft.) 5,000
Minimum Parcel Width (ft.) 50′
Minimum Parcel Depth (ft.) 100′
Maximum Density; Parcels
along the Pacific Coast Highway
between the Santa Monica Pier
and the north City limits
Parcels 4,000 sq. ft. or more: 1 dwelling unit/1,500 sq. ft.

Parcels less than 4,000 sq. ft.: 1 dwelling unit/parcel if existing, no new dwelling units
No more than 1 dwelling unit
shall be permitted on a parcel 40
ft. or less in width
Maximum FAR Section 9.04.080, Determining
FAR
Tier 1—Base Standard

1.5; 0.5 for parcels located along the Pacific Coast
Highway between the Santa Monica Pier and the north
City limits
Tier 2—With Provision of
Community Benefits 2.0 Chapter 9.23, Community Benefits 100% Affordable Housing
Projects 2.25
Limited to 50 or fewer units;
Chapter 9.64, Affordable
Housing Production Program
Santa Monica Pier Maximum FAR
The Deauville site to the
north, Seaside Terrace to the
south, The Ocean Front
Walk to the west, and Ocean
Avenue to the east, except
parcels fronting on Ocean
Avenue

1.0 Parcels fronting on Ocean
Avenue 0.5
Maximum Parcel Coverage (%) 70; 50 on parcels along the Pacific Coast Highway between the Santa Monica Pier and the north City limits Building Form and Location
Maximum Building Height
(stories/ft.)
One story for newly constructed stand-alone restaurants except for the Santa Monica Pier
Section 9.04.050 Measuring
Height
Tier 1—Base Standard
2/32′;
2/23′ (flat roof) or 2/30′ (pitched roof) for parcels
located along the Pacific Coast Highway between the
Santa Monica Pier and the north City limits
Tier 1—Projects Including
On-Site Affordable Housing
in Compliance with AHPP
3/36′
Chapter 9.64, Affordable
Housing Production Program
100% Affordable Housing
Projects No limit to number of stories/47′
Limited to 50 or fewer units;
Chapter 9.64, Affordable
Housing Production Program
Tier 2—With Provision of
Community Benefits 3/47′
Chapter 9.23, Community
Benefits
Tier 2—With Provision of
Community Benefits and
100% Residential Above the
Ground Floor
No limit to stories/47′
Chapter 9.23, Community
Benefits
Santa Monica Pier Maximum Building Height (stories/ft.) Section 9.04.050, Measuring Height

10.D.a
Packet Pg. 331 Attachment: CDD-Ord-Economic Recovery 101122 [Revision 2] (5200 : Permanent Economic Recovery Zoning Ordinance Changes for 43 TABLE 9.14.030: DEVELOPMENT STANDARDS—OCEANFRONT DISTRICT Standard OF Additional Regulations
The Deauville site to the
north, Seaside Terrace to the
south, The Promenade to the
west, and Ocean Avenue to
the east, including parcels
fronting on Ocean Avenue
2/30′
Amusement Rides on the
Santa Monica Pier
85 ft. for one Ferris wheel; 55 ft. for one roller coaster; 45 ft. for all other amusement rides
Street-Facing Façades (ft.)
Minimum Ground Floor
(Floor-to-Floor) Height for
Nonresidential Uses
11′
Maximum Ground Floor
(Floor-to-Floor) Height for
Nonresidential Uses
16′
Active Commercial Design See (A)
Pedestrian Oriented Design See (B)
Exterior Lighting See (D)
Minimum Setbacks (ft., measured from parcel line)
Street Frontage
5 ft. from street fronting parcel line except for 20 ft. on Pacific Coast Highway between northern City limits and
Santa Monica Pier. See (C)
Rear
15 ft. if adjacent to a residential use; 25 ft. for beach rear setback on parcels over 100 ft. in depth located
along the Pacific Coast Highway between the Santa
Monica Pier and the north City limits
Side
If adjacent to a residential use, see (E); for parcels
located along the Pacific Coast Highway between the
Santa Monica Pier and the north City limits, see (E)
Minimum Upper-Story Stepbacks (ft.)—Required Above Maximum Ground Floor Height Street-Facing Façades
At least 30% of the building elevation above the
maximum ground floor height shall provide an
additional 5-foot average setback from the minimum
required front yard setback
Daylight Plane Adjacent to
Residential Use—Interior Side
and Rear Setbacks
See (F) Section 9.21.070, Height
Exceptions
View Corridors See (G)
Standards for Residential Uses
Minimum Outdoor Living Area
(sq. ft./unit)—Sites with 3 or
More Units
100 Section 9.21.090, Outdoor Living
Area
Minimum Amount Provided
as Private Outdoor Living
Area (sq. ft./unit)
60 Additional Standards
Accessory Dwelling Units Section 9.31.025, Accessory Dwelling Units and Junior Accessory Dwelling Units Accessory Food Service Section 9.31.030, Accessory Food Service Accessory Structures Section 9.21.020, Accessory Buildings and Structures Exceptions to Height Limits Section 9.21.060, Height Exceptions

10.D.a
Packet Pg. 332 Attachment: CDD-Ord-Economic Recovery 101122 [Revision 2] (5200 : Permanent Economic Recovery Zoning Ordinance Changes for 44 TABLE 9.14.030: DEVELOPMENT STANDARDS—OCEANFRONT DISTRICT Standard OF Additional Regulations
Fences and Walls Section 9.21.050, Fences, Walls, and Hedges Home Occupation Section 9.31.160, Home Occupation
Junior Accessory Dwelling Units Section 9.31.025, Accessory Dwelling Units and Junior Accessory Dwelling Units Landscaping Subsection 9.14.030(H), Landscaping; Chapter 9.26, Landscaping Lighting Section 9.21.080, Lighting
Off-Street Parking and Loading Chapter 9.28, Parking, Loading, and Circulation Projections into Required
Setbacks Section 9.21.110, Projections into Required Setbacks Signs Chapter 9.61, Signs
Screening Section 9.21.140, Screening
Solar Energy Systems Section 9.21.150, Solar Energy Systems Trash Screening and Enclosure Section 9.21.130, Resource Recovery and Recycling Standards Section 9. Santa Monica Municipal Code Section 9.15.020 is hereby amended to read as follows:

9.15.020 Land Use Regulations
Table 9.15.020 prescribes the land use regulations for Public and Semi-Public Districts.

The regulations for each district are established by letter designations listed below. 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.
“CUP” designates use classifications that are permitted after review and approval of a Conditional Use Permit.
“MUP” designates use classifications that are permitted after review and approval of a Minor Use Permit.

10.D.a
Packet Pg. 333 Attachment: CDD-Ord-Economic Recovery 101122 [Revision 2] (5200 : Permanent Economic Recovery Zoning Ordinance Changes for 45 “–” designates uses that are not permitted.

TABLE 9.15.020: LAND USE REGULATIONS—PUBLIC AND SEMI-PUBLIC DISTRICTS Use Classification CC PL OS Additional Regulations
Residential Uses
Residential Housing Types See sub-classifications below.

Multiple-Unit Dwelling L (1) - -
Accessory Dwelling Unit P - -
Section 9.31.025, Accessory Dwelling Unit
and Junior Accessory Dwelling Units
Senior Citizen Multiple-Unit
Residential L (1) - -
Single Room Occupancy Housing L (1) - -
Group Residential L (1) - -
Congregate Housing L (1) - -
Section 9.31.110, Congregate and
Transitional Housing
Senior Group Residential L (1) - - Section 9.31.310, Senior Group Residential Emergency Shelters - P - Section 9.31.130, Emergency Shelters Family Day Care See sub-classifications below.

Large P P P Section 9.31.140, Family Day Care, Large
Small P P P
Residential Care Facilities See sub-classifications below.

Residential Care, General L (1) - - Section 9.31.270, Residential Care Facilities Residential Care, Limited L (1) - - Section 9.31.270, Residential Care Facilities Residential Care, Senior L (1) - -
Section 9.31.270, Residential Care
Facilities
Hospice, General - - -
Hospice, Limited - - -
Supportive Housing L (1) - -
Transitional Housing L (1) - -
Public and Semi-Public Uses
Adult Day Care P P P
Cemetery - P -

10.D.a
Packet Pg. 334 Attachment: CDD-Ord-Economic Recovery 101122 [Revision 2] (5200 : Permanent Economic Recovery Zoning Ordinance Changes for 46 TABLE 9.15.020: LAND USE REGULATIONS—PUBLIC AND SEMI-PUBLIC DISTRICTS Use Classification CC PL OS Additional Regulations
Child Care and Early Education
Facilities P P P
Section 9.31.120, Child Care and Early
Education Facilities
Colleges and Trade Schools, Public or
Private L (3) P -
Community Assembly P P L (3)
Community Gardens - P P
Cultural Facilities P P P
Park and Recreations Facilities, Public P P P
Public Safety Facilities P P -
Schools, Public or Private L (3) P -
Social Service Centers P P -
Commercial Uses
Banks and Financial Institutions L (1) - -
Business Services L (1) - -
Commercial, Entertainment, and
Recreation See sub-classifications below.

Cinemas/Theaters - - MUP (3)
Convention and Conference
Centers P - -
Large-Scale Facility - - -
Small-Scale Facility - - -
Section 9.31.340, Small-Scale Facility,
Game Arcades
Eating and Drinking Establishments See sub-classifications below.

Restaurants, Full-Service L (1) L (2) L (2) Section 9.31.040, Alcoholic Beverage Sales Restaurants, Limited Service L (1) L (2) L (2) Section 9.31.040, Alcoholic Beverage Sales Restaurants, Take-Out Only L (1) L (2) - Section 9.31.040, Alcoholic Beverage Sales With Outdoor Eating Areas L (1) L (2) L (2) Section 9.31.200, Outdoor Dining and Seating
Food Hall, (up to 175 seats) CUP CUP CUP
Food and Beverage Sales See sub-classifications below.

Convenience Markets L (1) - - Section 9.31.040, Alcoholic Beverage Sales Farmers Markets - P CUP
General Markets L (1) - - Section 9.31.040, Alcoholic Beverage Sales Live-Work L (1) - - Section 9.31.170, Live-Work Units
Lodging See sub-classifications below.

Hotels and Motels CUP - -
Offices See sub-classifications below.

Business and Professional L (4)/CUP L (3) -
Creative L (4)/CUP - -
Walk-In Clientele L (4)/CUP - -
Parking, Public or Private L (3) P L (5)
General Personal Services L (1) - -
Retail Sales See sub-classifications below.

General Retail Sales, Small-Scale L (1) - -
Section 9.31.220, Outdoor Retail Display
and Sales
Swap Meet MUP MUP MUP Section 9.31.360, Swap Meets

10.D.a
Packet Pg. 335 Attachment: CDD-Ord-Economic Recovery 101122 [Revision 2] (5200 : Permanent Economic Recovery Zoning Ordinance Changes for 47 TABLE 9.15.020: LAND USE REGULATIONS—PUBLIC AND SEMI-PUBLIC DISTRICTS Use Classification CC PL OS Additional Regulations
Transportation, Communication, and Utilities Uses
Citywide Bikeshare Facility P P P
Communication Facilities See sub-classifications below.

Antennas and Transmission
Towers CUP CUP -
Equipment Within Buildings - P -
Utilities, Major - P -
Utilities, Minor - P -
Specific Limitations:
(1) Permitted as part of a mixed-use development. Residential uses not permitted on ground floor. (2) Permitted only as an accessory to a primary use. Must be located within the same building as a primary use. (3) Limited to public, quasi-public, or nonprofit establishments. (4) Public, quasi-public, and nonprofit offices are permitted. Conditional Use Permit required for private offices. (5) Limited to public parking for beach or park users.

Section 10. Santa Monica Municipal Code Section 9.27.050 is hereby amended to read as follows:

9.27.050 Legal Nonconforming Uses
A legal, nonconforming use may be maintained subject to the following provisions:

A. Change of Ownership. A change of ownership, tenancy, or management of a nonconforming use shall not affect its status as a legal, nonconforming use.

B. Abandonment. If a nonconforming use of a building, structure, or parcel ceases for a continuous period of one year or more, the use shall be considered abandoned, and the building, structure, or parcel shall thereafter be used only in accordance with the regulations for the District in which it is located except as provided below. It is the responsibility of the applicant to provide evidence demonstrating to the satisfaction of the Director that the use was legally established and has not been abandoned.

Notwithstanding the above, no nonconforming residential use shall be considered abandoned regardless of the length of time of non-use unless the Director determines the

10.D.a
Packet Pg. 336 Attachment: CDD-Ord-Economic Recovery 101122 [Revision 2] (5200 : Permanent Economic Recovery Zoning Ordinance Changes for 48 building is dangerous, unsafe, a health and safety hazard, and/or uninhabitable, and these conditions cannot be remedied.

1. The one-year period to determine that a nonconforming use has been abandoned shall commence when the use ceases and any one of the following occurs:
a. The business license lapses;
b. The site is vacated;
c. The lease is terminated;
d. Utilities are terminated; or
e. A conforming use that meets the applicable requirements of this Ordinance is lawfully established in the space previously occupied by the nonconforming use.

2. Once the one-year period has commenced under subsection (B)(1) that period shall only be terminated if the nonconforming use is fully licensed, permitted, and operational for 60 continuous days. Operational shall mean that the nonconforming use is open for business to the public and provides services typically associated with the nonconforming use during the hours and days that are customary for that nonconforming use.

3. Cessation of use due to remodeling shall not be considered abandonment so long as building permits are active in accordance with Chapter 8.08 of the Municipal Code. However, if the building permit expires before the use resumes, the one-year period under Subsection (B)(1) shall relate back and commence with the cessation of use.

10.D.a
Packet Pg. 337 Attachment: CDD-Ord-Economic Recovery 101122 [Revision 2] (5200 : Permanent Economic Recovery Zoning Ordinance Changes for 49 4. Except as provided in Subsection (B)(5), no nonconforming use may be resumed, reestablished, or reopened once it has been determined to have been abandoned for one year.

5. If the nonconforming use of a building, structure, or parcel occurred in a City-Designated Historic Resource, the nonconforming use may be resumed, reestablished, or reopened even if that nonconforming use has been abandoned for more than one year and other uses have occurred since that abandonment if a Conditional Use Permit is obtained based on the following findings:
a. The City-Designated Historic Resource was not in residential use as of December 16, 2014;
b. The proposed use is compatible with existing and permissible land uses within the District and the general area in which the proposed use is to be located;
c. The proposed use is compatible with any of the land uses presently on the subject parcel if the land uses are to remain;
d. The physical location or placement of the use on the site is compatible with and relates harmoniously to the surrounding neighborhood; e. The subject parcel is physically suitable for the type of land use being proposed; and
f. The proposed use would not be detrimental to the public interest, health, safety, convenience, or general welfare.

6. Notwithstanding the foregoing, or anything to the contrary in this Ordinance, the following legal, nonconforming uses may be resumed, reestablished, or reopened,

10.D.a
Packet Pg. 338 Attachment: CDD-Ord-Economic Recovery 101122 [Revision 2] (5200 : Permanent Economic Recovery Zoning Ordinance Changes for 50 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 has been lawfully established in the space previously occupied by the nonconforming use:
a. In areas excluding the Third Street Promenade Area:
i. Restaurant, full service;
ii. Restaurant, limited service and take-out;
iii. Food hall;
iv. General retail sales, small scale; and
v. General retail sales, medium scale.
b. In the Third Street Promenade Area:
i. Bar/nightclub/lounge;
ii. Restaurant, full service
iii. Restaurant, limited service and take-out;
iv. Food hall;
v. General retail sales, small scale; and
vi. General retail sales, medium scale.

C. Conversion to Conforming Use. If a nonconforming use is converted to a conforming use, the nonconforming use may not be resumed except as authorized by subsection (B)(5).

D. Expansion of Nonconforming Use. A nonconforming use of a building or portion of a building that conforms to the development standards of this Chapter shall neither be expanded into any other portion of the building nor changed except to a conforming use.

The nonconforming use of land shall not be expanded or extended in area.

10.D.a
Packet Pg. 339 Attachment: CDD-Ord-Economic Recovery 101122 [Revision 2] (5200 : Permanent Economic Recovery Zoning Ordinance Changes for 51 E. Intensification of Uses. A nonconforming use shall not be permitted to substantially change in mode or character of operation. A substantial change in mode or character of operation shall include, but is not limited to, addition of uses, a change in operational hours that extends past 11:00 p.m. any night Sunday through Thursday and/or midnight on Friday and/or Saturday or begins before 7:00 a.m., a 5 percent increase in the floor area of the premises, or a 5 percent increase in the number of seats in any restaurant, but in no case shall the increase exceed any established seating limitation in the underlying zoning district.

F. Continuation/Reinstatement. The uses existing in a structure that have been restored pursuant to Section 9.27.040 may be continued/reinstated in the reconstructed/replacement structure so long as no continued/reinstated nonconforming uses are expanded, changed or substituted.

G. Legal, Nonconforming Rent-Controlled Multiple-Unit Properties.

Notwithstanding subsection (D), existing multi-unit residential units in the R1 Single Family Residential District that are presently controlled by Article XVIII of the City Charter may be expanded in area provided such expansion complies with all other applicable Code provisions, including those governing height, number of stories, setbacks, stepbacks, parcel coverage and off-street parking (unless the City’s Parking and Traffic Engineer determines that the provision of parking is not feasible), and the number of housing units on the multi-unit residential property does not increase.

10.D.a
Packet Pg. 340 Attachment: CDD-Ord-Economic Recovery 101122 [Revision 2] (5200 : Permanent Economic Recovery Zoning Ordinance Changes for 52 Section 11. Santa Monica Municipal Code Section 9.28.020 is hereby amended to read as follows;

9.28.020 Applicability
The requirements of this Chapter apply to the following.

A. New Buildings and Land Uses. On-site parking shall be provided according to the provisions of this Chapter at the time any building or structure is erected or any new land use is established.

B. Addition, Enlargement of Use, and Change of Use of Existing Non-Residential Buildings.

1. Except as provided in subsection (B)(2), a change of use shall provide the difference between the required parking ratio for the proposed use and one automobile parking space per 300 square feet.

2. Changes in use that create an increase of 103 or fewer required parking spaces, calculated in accordance with subsection (B)(1), shall not be required to provide additional on-site automobile parking according to the provisions of this Chapter, except that if the change of use is a restaurant, the calculation shall be based on the square footage of the dining area only, and shall exclude any square footage dedicated to backof-house operations and outdoor dining. Bicycle parking shall be provided in accordance with Section 9.28.140.

3. Existing parking shall be maintained and additional parking shall be required only for such addition, enlargement, or change of use and not for the entire building or site. If the number of existing parking spaces is greater than the requirements for such

10.D.a
Packet Pg. 341 Attachment: CDD-Ord-Economic Recovery 101122 [Revision 2] (5200 : Permanent Economic Recovery Zoning Ordinance Changes for 53 use, the number of spaces in excess of the prescribed minimum may be counted toward meeting the parking requirements for the addition, enlargement, or change in use.

4. A change in occupancy is not considered a change in use unless the new occupant is a different use than the former occupant.

C. Addition, Enlargement of Use, and Change of Use of Existing Residential Buildings.

1. For any new commercial, cultural, health, industrial, or commercial entertainment and recreation use of an existing residential building, structure including any addition and enlargement of use, parking spaces in the number specified in Section

9.28.060, Required Off-Street Parking, shall be provided for the entire parcel.

2. For any new residential or educational use of an existing residential building or structure such that the new residential or educational use will require a greater number of parking spaces as compared to the previous use, parking spaces in the number specified in Section 9.28.060, Required Off-Street Parking, shall be provided for the new use.

D. Additions and Alterations to Residential Buildings. When an addition or alteration is proposed to a residential building that does not currently provide parking in compliance with this Chapter, the following regulations apply:

1. Multi-Unit Dwellings. Additional parking shall be required for the proposed addition or alteration if it increases the number of bedrooms of existing units.

2. Increased Number of Dwelling Units. The creation of additional dwelling units through the alteration of an existing building or construction of an additional structure or structures requires the provision of on-site parking to serve the new dwelling units in

10.D.a
Packet Pg. 342 Attachment: CDD-Ord-Economic Recovery 101122 [Revision 2] (5200 : Permanent Economic Recovery Zoning Ordinance Changes for 54 compliance with the provisions of this Chapter. This requirement does not apply when sufficient on-site parking exists to provide the number of spaces required for the existing and new dwelling units in compliance with all applicable requirements.

E. Construction Timing. On-site parking facilities required by this Chapter shall be constructed or installed prior to the issuance of a Certificate of Occupancy for the uses that they serve.

Section 12. Santa Monica Municipal Code Section 9.28.060 is hereby amended to read as follows:

9.28.060 Off-Street Parking
Off-street parking shall be provided in the quantities specified in Table 9.28.060, except as otherwise provided in this Chapter and Section 9.31.025, Accessory Dwelling Units and Junior Accessory Dwelling Units. If a proposed use is not listed in the table, the Director may determine appropriate parking requirements.

TABLE 9.28.060: PARKING REGULATIONS BY USE AND LOCATION Land Use
Classification
Citywide (Excluding Parking
Overlay Area 1, Downtown
Community Plan Area, and
Bergamot Area Plan Area) Parking Overlay Area 1
Downtown Community Plan
Area (maximum parking
allowed)
Residential Uses
Single-Unit Dwelling 2 spaces per dwelling unit 2 spaces per dwelling unit, which may be tandem 2 spaces per dwelling unit
Accessory Dwelling
Unit
1 space per dwelling unit 1 space per dwelling unit N/A Junior Accessory
Dwelling Unit N/A N/A N/A
Duplex, MultipleUnit Dwelling
Market Rate Units: Market Rate Units: Market Rate Units:

Guest = 1 space per 5 units Guest = 1 space per 10 units Guest = 1 space per 15 units Studio, no bedrooms = 1 space per
unit
Studio, no bedrooms = 1 space per
unit
Studio, no bedrooms = 0.5 space
per unit
1 bedroom = 1.5 space per unit 1 bedroom = 1 space per unit 1 bedroom = 0.5 space per unit 2 or more bedrooms = 2 spaces per
unit
2 or more bedrooms = 1.5 spaces
per unit
2 or more bedrooms = 1 space per
unit
Deed Restricted Affordable Units: Deed Restricted Affordable Units: Deed Restricted Affordable Units:

Studio, no bedrooms = 0.5 space
per unit
Studio, no bedrooms = 0.5 space
per unit Guest = 1 space per 30 units
1 bedroom = 0.75 space per unit 1 bedroom = 0.5 space per dwelling unit
Studio, no bedrooms = 0.25 space
per unit
2 or more bedrooms = 1 space per
unit
2 or more bedrooms = 1 space per
dwelling unit
1 bedroom = 0.25 space per unit
2 or more bedrooms = 0.5 space

10.D.a
Packet Pg. 343 Attachment: CDD-Ord-Economic Recovery 101122 [Revision 2] (5200 : Permanent Economic Recovery Zoning Ordinance Changes for 55 TABLE 9.28.060: PARKING REGULATIONS BY USE AND LOCATION Land Use
Classification
Citywide (Excluding Parking
Overlay Area 1, Downtown
Community Plan Area, and
Bergamot Area Plan Area) Parking Overlay Area 1
Downtown Community Plan
Area (maximum parking
allowed)
per unit
Senior Citizen
Multiple-Unit
Residential

0.5 space per unit 0.5 space per unit 0.5 space per unit Guest = 1 space per 5 units Guest = 1 space per 6 units Guest = 1 space per 6 units Low and moderate income units =

0.25 space per unit
Low and moderate income units =

0.25 space per unit
Single-Room
Occupancy Housing
See Multiple-Unit Dwelling See Multiple-Unit Dwelling See Multiple-Unit Dwelling Group Residential 0.5 space per bed 0.5 space per bed 0.5 space per bed Congregate Housing 1 space per 5 beds 1 space per 5 beds 1 space per 5 beds Senior Group
Residential

0.5 space per unit 0.5 space per unit 0.5 space per unit Guest = 1 space per 5 units Guest = none required Guest = none required Deed restricted affordable = 0.25
space per unit
Deed restricted affordable = 0.25
space per unit
Deed restricted affordable = 0.25
space per unit
Elderly and LongTerm Care0.5 space per bed plus one visitor space per 5 beds 0.2 space per bed 0.2 space per bed
Family Day Care
Large
None required other than what is
required for the existing residence
None required other than what is
required for the existing residence
None required other than what is
required for the existing residence
Small None required other than what is
required for the existing residence
None required other than what is
required for the existing residence
None required other than what is
required for the existing residence
Residential Facilities
Residential Care,
General
If more than 6 residents = 0.5 space
per bed plus 1 visitor space per 5
beds
If more than 6 residents = 0.5 space
per bed plus 1 visitor space per 5
beds
If more than 6 residents = 0.5
space per bed plus 1 visitor space
per 5 beds
Residential Care,
Limited
None required other than what is
required for existing residence
None required other than what is
required for existing residence
None required other than what is
required for existing residence
Residential Care,
Senior
If more than 6 residents = 0.25
space per bed plus 1 visitor space
per 5 beds
If more than 6 residents = 0.25
space per bed plus 1 visitor space
per 5 beds
If more than 6 residents = 0.25
space per bed plus 1 visitor space
per 5 beds
If less than 6 residents = none other
than what is required for the
existing residence
If less than 6 residents = none other
than what is required for the
existing residence
If less than 6 residents = none
other than what is required for the
existing residence
Hospice, General
If more than 6 residents = 0.25
space per bed plus 1 visitor space
per 5 beds
If more than 6 residents = 1 space
per 5 beds
If more than 6 residents = 1 space
per 5 beds
If less than 6 residents = none other
than what is required for the
existing residence
If less than 6 residents = none other
than what is required for the
existing residence
If less than 6 residents = none
other than what is required for the
existing residence
Hospice, Limited None required other than what is
required for the existing residence
None required other than what is
required for the existing residence
None required other than what is
required for the existing residence
Supportive Housing
If more than 6 residents = 0.5 space
per bed plus 1 visitor space per 5
beds
If more than 6 residents = 1 space
per 5 beds
If more than 6 residents = 1 space
per 5 beds
If less than 6 residents = none other
than what is required for the
existing residence
If less than 6 residents = none other
than what is required for the
existing residence
If less than 6 residents = none
other than what is required for the
existing residence
Transitional Housing None other than what is required for residential type
None other than what is required for
residential type
None other than what is required
for residential type
Public and Semi-Public Uses
Adult Day Care 1 space per 500 sq. ft. 1 space per 500 sq. ft. 1 space per 500 sq. ft.

Child Care and Early
Education Facilities 1 space per 500 sq. ft. 1 space per 500 sq. ft. 1 space per 500 sq. ft.

10.D.a
Packet Pg. 344 Attachment: CDD-Ord-Economic Recovery 101122 [Revision 2] (5200 : Permanent Economic Recovery Zoning Ordinance Changes for 56 TABLE 9.28.060: PARKING REGULATIONS BY USE AND LOCATION Land Use
Classification
Citywide (Excluding Parking
Overlay Area 1, Downtown
Community Plan Area, and
Bergamot Area Plan Area) Parking Overlay Area 1
Downtown Community Plan
Area (maximum parking
allowed)
Colleges and Trade
Schools, Public or
Private
1 space per 80 sq. ft. of assembly or
classroom area or 1 space per every
4 fixed seats, whichever is greater
1 space per 100 sq. ft. of assembly
or classroom area or 1 space per
every 5 fixed seats, whichever is
greater
1 space per 100 sq. ft. of assembly
or classroom area or 1 space per
every 5 fixed seats, whichever is
greater
Community Assembly 1 space for each 4 seats 1 space for each 6 seats 1 space for each 6 seats Cultural Facilities 1 space per 300 sq. ft. 1 space per 500 sq. ft. 1 space per 500 sq. ft.

Emergency Shelters 1 space per 10 beds 1 space per 10 beds 1 space per 10 beds Hospitals and Clinics 1 space per 250 sq. ft. 1 space per 250 sq. ft. 1 space per 250 sq. ft.

Schools, Public or
Private
Elementary and Middle Schools: Elementary and Middle Schools: Elementary and Middle Schools:
2 spaces per classroom 1.75 spaces per classroom 1.75 spaces per classroom High Schools: High Schools: High Schools:
5 spaces per classroom 4 spaces per classroom 4 spaces per classroom Social Service Centers 1 space per 300 sq. ft. 1 space per 300 sq. ft. 1 space per 300 sq. ft.

Commercial Uses
Animal Care, Sales, and Services
Grooming and Pet
Stores
See Retail Sales See Retail Sales See Retail Sales
Kennel 1 space per 1,000 sq. ft. 1 space per 1,000 sq. ft. 1 space per 1,000 sq. ft.

Pet Day Care
Services
1 space per 500 sq. ft. 1 space per 1,000 sq. ft. 1 space per 1,000 sq. ft.

Veterinary Services See Medical Office See Medical Office See Medical Office Automobile/Vehicle Sales and Service
Alternative Fuels and
Recharging Facilities
2 spaces for self-service station 2 spaces for self-service station 2 spaces for self-service station 1 space per 100 sq. ft. of retail 1 space per 100 sq. ft. of retail 1 space per 100 sq. ft. of retail Automobile Rental
1 space per 500 sq. ft. 1 space per 500 sq. ft.
1 space per 1,000 sq. ft. of outdoor N/A
rental storage area
1 space per 1,000 sq. ft. of outdoor
rental storage area
Automobile Storage
Uses
1 space 1 space -
Automobile/Vehicle
Sales and Leasing
1 space per 300 sq. ft. for offices
plus
1 space per 300 sq. ft. for offices
plus
1 space per 300 sq. ft. for offices
plus
1 space per 1,000 sq. ft. of net new
display area and requirements for
automobile repair where applicable
1 space per 1,000 sq. ft. of net new
display area and requirements for
automobile repair where applicable
1 space per 1,000 sq. ft. of net
new display area and requirements
for automobile repair where
applicable
Automobile/Vehicle
Repair, Major and
Minor
1 space per 500 sq. ft. of nonservice bay floor area1 space per 500 sq. ft. of nonservice bay floor area1 space per 500 sq. ft. of nonservice bay floor area 2 spaces per service bay 2 spaces per service bay 2 spaces per service bay Automobile/Vehicle
Washing
2 spaces for each washing stall, not
including the stall
2 spaces for each washing stall, not
including the stall
2 spaces for each washing stall,
not including the stall
Service Station
2 spaces if self-service station 2 spaces if self-service station 2 spaces if self-service station 1 space per 100 sq. ft. of retail 1 space per 100 sq. ft. of retail 1 space per 100 sq. ft. of retail Must follow requirements for repair
where applicable
Must follow requirements for repair
where applicable
Must follow requirements for
repair where applicable
Banks and Financial Institutions
Banks and Credit
Unions
See Business, Professional, and
Creative Office
See Business, Professional, and
Creative Office 1 space per 300 sq. ft.

Check Cashing
Businesses
See Business, Professional, and
Creative Office
See Business, Professional, and
Creative Office N/A
Business Services
See Business, Professional, and
Creative Office
See Business, Professional, and
Creative Office
See Business, Professional, and
Creative Office
Commercial Entertainment and Recreation
Cinemas 1 space per 4 seats 1 space per 4 seats Up to 99 seats = 1 space for every

10.D.a
Packet Pg. 345 Attachment: CDD-Ord-Economic Recovery 101122 [Revision 2] (5200 : Permanent Economic Recovery Zoning Ordinance Changes for 57 TABLE 9.28.060: PARKING REGULATIONS BY USE AND LOCATION Land Use
Classification
Citywide (Excluding Parking
Overlay Area 1, Downtown
Community Plan Area, and
Bergamot Area Plan Area) Parking Overlay Area 1
Downtown Community Plan
Area (maximum parking
allowed)
8 fixed seats
> 99 seats = 1 space for every 5
fixed seats
Theaters 1 space per 4 seats 1 space per 4 seats See Cinemas Convention and
Conference Centers 1 space per 80 sq. ft. 1 space per 100 sq. ft. 1 space per 100 sq. ft.

Large-Scale
Facilities 1 space per 80 sq. ft. 1 space per 100 sq. ft. 1 space per 100 sq. ft.

Small-Scale
Facilities, less than
1,500 sq. ft.
1 space per 300 sq. ft. 1 space per 300 sq. ft. 1 space per 500 sq. ft.

Small-Scale
Facilities, 1,500 sq.
ft. and more
1 space per 80 sq. ft. 1 space per 100 sq. ft. 1 space per 500 sq. ft.

Instructional Services See Retail Sales See Retail Sales See Retail Sales Eating and Drinking Establishments
Bars/Nightclubs/
Lounges
1 space per 50 sq. ft. 1 space per 50 sq. ft. 1 space per 500 sq. ft.

Restaurants, less than
2,500 sq. ft. 1 space per 300 sq. ft. 1 space per 500 sq. ft. 1 space per 500 sq. ft.

Restaurants, 2,500 –
5,000 sq. ft. 1 space per 200 sq. ft. 1 space per 200 sq. ft. 1 space per 500 sq. ft.

Restaurants, 5,000+
sq. ft. 1 space per 125 sq. ft. 1 space per 125 sq. ft. 1 space per 300 sq. ft.

Restaurant Outdoor
Eating Areas, less
than 200 sq. ft.

None None None
Restaurant Outdoor
Eating Areas, 200 sq.
ft. and more
Food Hall
Same as required for restaurant type
1 space per 300 sq. ft.

Same as required for restaurant type
1 space per 500 sq. ft.

Outdoor eating areas less than 500
sq. ft. = no additional parking.

Outdoor eating areas 500 sq. ft.
and more = same as required for
restaurant type.
1 space per 500 sq. ft.

Equipment Rental See Retail Sales See Retail Sales See Retail Sales Food and Beverage Sales
Convenience Market See Retail Sales See Retail Sales See General Market General Market less
than 2,500 sq. ft. 1 space per 300 sq. ft. 1 space per 500 sq. ft. 1 space per 500 sq. ft.

General Market
2,500-5,000 sq. ft. 1 space per 250 sq. ft. 1 space per 300 sq. ft. 1 space per 500 sq. ft.

General Market
5,000+ sq. ft. 1 space per 250 sq. ft. 1 space per 300 sq. ft. 1 space per 300 sq. ft.

Liquor Stores See Retail Sales See Retail Sales See General Market Funeral Parlors and
Mortuaries
1 space per 80 sq. ft. or 1 space per
4 seats, whichever is higher
1 space per 100 sq. ft. or 1 space per
6 seats, whichever is higher
1 space per 100 sq. ft. or 1 space
per 6 seats, whichever is higher
Live-Work 1 space per unit plus 1 space per unit plus 1 space per 500 sq.ft. 1 guest space per unit 1 guest space per unit
Lodging
Bed and Breakfast 1 space per room plus parking
required for dwelling unit 1 space per room 1 space per room Hotels and Motels
1 space per room plus 1 space per
200 sq. ft. of meeting and banquet
space

0.75 space per room plus 1 space
per 250 sq. ft. of meeting and
banquet space

0.5 space per guest room plus 1
space for each 250 sq. ft. used for
meetings and banquets.

10.D.a
Packet Pg. 346 Attachment: CDD-Ord-Economic Recovery 101122 [Revision 2] (5200 : Permanent Economic Recovery Zoning Ordinance Changes for 58 TABLE 9.28.060: PARKING REGULATIONS BY USE AND LOCATION Land Use
Classification
Citywide (Excluding Parking
Overlay Area 1, Downtown
Community Plan Area, and
Bergamot Area Plan Area) Parking Overlay Area 1
Downtown Community Plan
Area (maximum parking
allowed)
Other uses such as bars,
restaurants, retail and services
which are open to the general
public shall provide parking as
required for the use at a rate ½ the
individual use.

Maintenance and
Repair Services
See Retail Sales See Retail Sales See Retail Sales
Nurseries and
Garden Centers
Interior spaces see Retail Sales, plus Interior space see Retail Sales, plus Interior space see Retail Sales, plus
1 space per 1,000 sq. ft. of outdoor
display and storage area
1 space per 1,000 sq. ft. of outdoor
display and storage area
1 space per 1,000 sq. ft. of outdoor
display and storage area
Offices
Business,
Professional,
Creative, less than
2,500 sq. ft.
1 space per 300 sq. ft. 1 space per 500 sq. ft. 1 space per 500 sq. ft.

Business,
Professional,
Creative, 2,500+ sq.
ft.
1 space per 300 sq. ft. 1 space per 450 sq. ft. 1 space per 500 sq. ft.

Medical and Dental,
less than 1,000 sq. ft. 1 space per 300 sq. ft. 1 space per 300 sq. ft. 1 space per 300 sq. ft.

Medical and Dental,
1,000+ sq. ft. 1 space per 250 sq. ft. 1 space per 250 sq. ft. 1 space per 300 sq. ft.

Walk-In Clientele See Business, Professional, and
Creative Office
See Business, Professional, and
Creative Office
See Business, Professional, and
Creative Office
Personal Services
General Personal
Services
See Retail Sales See Retail Sales See Retail Sales
Tattoo or Body
Modification Parlor See Retail Sales See Retail Sales See Retail Sales Physical Training See Retail Sales See Retail Sales See Retail Sales Retail Sales
Retail, less than
2,500 sq. ft. 1 space per 300 sq. ft. 1 space per 500 sq. ft. 1 space per 500 sq. ft.

Retail, 2,500 – 5,000
sq. ft. 1 space per 300 sq. ft. 1 space per 300 sq. ft. 1 space per 500 sq. ft.

Retail, 5,000 sq. ft. or
more
1 space per 300 sq. ft. 1 space per 300 sq. ft. 1 space per 300 sq. ft.

Industrial Uses
Artist’s Studio 1 space per 400 sq. ft. 1 space per 400 sq. ft. 1 space per 1,000 sq. ft.

Commercial Kitchens 1 space per 300 sq. ft. 1 space per 300 sq. ft. 1 space per 300 sq. ft.

Industry, General 1 space per 400 sq. ft. 1 space per 400 sq. ft. N/A Industry, Limited 1 space per 400 sq. ft. 1 space per 1,000 sq. ft. N/A Media Production
1 space per 400 sq. ft. of studio
space
1 space per 400 sq. ft. 1 space per 500 sq. ft. 1 space per 300 sq. ft. of editing space
1 space per 300 sq. ft. of
administrative space
Research and
Development 1 space per 300 sq. ft. 1 space per 1,000 sq. ft. N/A

10.D.a
Packet Pg. 347 Attachment: CDD-Ord-Economic Recovery 101122 [Revision 2] (5200 : Permanent Economic Recovery Zoning Ordinance Changes for 59 TABLE 9.28.060: PARKING REGULATIONS BY USE AND LOCATION Land Use
Classification
Citywide (Excluding Parking
Overlay Area 1, Downtown
Community Plan Area, and
Bergamot Area Plan Area) Parking Overlay Area 1
Downtown Community Plan
Area (maximum parking
allowed)
Warehousing, Storage, and Distribution
Indoor Warehousing
and Storage 1 space per 1,000 sq. ft. 1 space per 1,000 sq. ft. N/A Personal Storage 1 space per 4,000 sq. ft. 1 space per 4,000 sq. ft. N/A Wholesaling and
Distribution 1 space per 1,000 sq. ft. 1 space per 1,000 sq. ft. N/A Section 13. Santa Monica Municipal Code Section 9.28.080 is hereby amended to read as follows:

9.28.080 Loading Spaces
A. Purpose. Loading spaces are required to ensure adequate areas for loading purposes for all on-site uses so that commercial and passenger loading activities will be conducted without negatively affecting traffic safety or the quality of abutting public streets for people walking, bicycling, or driving. Loading spaces also facilitate low-car-use lifestyles by supporting shared delivery and passenger transportation services.

B. Applicability. The regulations in this Section shall apply to existing and proposed projects with new buildings, additions, or changes of use, and shall govern design of both required and non-required loading areas, except as provided in 9.28.080(C), Parking and Loading Operations Plan.

C. Parking and Loading Operations Plan.

1. Except as provided in paragraph 2, below, no building permit shall be issued for a change of use of up to 5,000 square feet 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 Section 9.28.080, approve a parking

10.D.a
Packet Pg. 348 Attachment: CDD-Ord-Economic Recovery 101122 [Revision 2] (5200 : Permanent Economic Recovery Zoning Ordinance Changes for 60 and loading operations plan that results in a waiver or reduction in the number and/or dimensions of loading areas and spaces otherwise required under this Section 9.28.080.

2. Notwithstanding the provisions of paragraph 1, above, no building permit shall be issued for a new building, addition, enlargement of use, or change in use within the Downtown Community Plan Area, excluding the Ocean Transition (OT) District, which shall be subject to the provisions of paragraph, 1, above, 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 Section 9.28.080, approve a parking and loading operations plan that results in a waiver or reduction in the number and/or dimensions of loading areas and spaces otherwise required under this Section

9.28.080.

3. Review Procedure. 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. When determining whether to grant a waiver of a loading requirement, the Director shall consider existing site conditions, including the location of existing improvements, and whether the abutting rights-of way can accommodate loading without disruption to traffic circulation, public health and safety services (e.g. police, fire,

10.D.a
Packet Pg. 349 Attachment: CDD-Ord-Economic Recovery 101122 [Revision 2] (5200 : Permanent Economic Recovery Zoning Ordinance Changes for 61 etc.), and public infrastructure and utilities. No waiver shall be granted for a semi-tractor trailer loading space.

DC. Submittal of Loading Plan. As part of the application for all applicable projects, a loading plan shall be submitted. The plan shall include a site plan dimensioning all required and non-required loading spaces and indicating the path of travel to the space and the path of travel for the goods or passengers from the loading space. The approved loading plan shall be retained on-site at all times and shall be made available to all site users.

ED. Loading Space Dimensions. Loading spaces shall comply with the following standards, as required in this Section. Loading spaces shall not count as parking spaces.

1. A standard loading space shall be at least 30 feet long, 12 feet wide, and have a clearance of 14 feet.

2. A semi-tractor trailer loading space shall be at least 65 feet long, 15 feet wide, and have a clearance of 14 feet.

3. A passenger loading space shall be at least 18 feet long and 10 feet wide.

Design should not reduce pedestrian orientation of the site or increase the number of curb-cuts and shall not require pedestrians to cross a driveway, parking aisle, alley, or street in order to reach the building entrance. The spaces must be accessible without a key or access card and located as close as practicable to the building entrance or passenger elevator.

FG. Number of Loading Spaces Required. Projects shall provide loading spaces as follows:

1. Residential Only.

10.D.a
Packet Pg. 350 Attachment: CDD-Ord-Economic Recovery 101122 [Revision 2] (5200 : Permanent Economic Recovery Zoning Ordinance Changes for 62 a. Projects with more than 50 units shall be required to provide 1 standard loading space.

2. Commercial Only.
a. Projects with 2,500 or less square feet of floor area shall not be required to provide loading.
b. Projects with 2,501 to 7,500 square feet of floor area shall provide 1 passenger loading space at grade.
c. Projects with 7,501 to 50,000 square feet of floor area shall provide 1 standard loading space; however, if the use includes a market, restaurant, or other food sales and service of more than 5,000 square feet of floor area, the required loading space shall be a semi-tractor trailer loading space. d. Projects with 50,000 or more square feet of floor area shall provide 1 passenger loading space and one standard loading space; however, if the use includes a market, restaurant, or other food sales and service of more than 5,000 square feet of floor area, the required loading space shall be a semi-tractor trailer loading space.

3. Mixed-Use Projects. Mixed-use projects shall provide the required loading spaces for the use that requires the greater number of loading spaces. If the number of required loading spaces for the residential and commercial uses is equal, the loading space with the greater dimensional requirements shall be required.

4. Schools and Day Care Centers. Schools and day care centers shall provide loading spaces based on enrollment as follows:

10.D.a
Packet Pg. 351 Attachment: CDD-Ord-Economic Recovery 101122 [Revision 2] (5200 : Permanent Economic Recovery Zoning Ordinance Changes for 63 Table 9.28.080.E.4: SCHOOLS AND DAY CARE CENTER LOADING SPACES Enrollment (students) Loading Requirement
1-20 2 Passenger
21-60 4 Passenger
61-299 6 Passenger
1 Standard
300 and over 8 Passenger
1 Standard
In addition, uses of this type with less than 61 students and an on-site cafeteria or similar food service shall provide one standard loading space.

5. All projects with more than 100,000 square feet of Commercial Use floor area: The Director may require additional loading spaces based on the project’s needs and site feasibility.

GF. Location of Loading Spaces. Loading areas shall be located as follows:

1. All loading facilities shall be provided off-street and within the subject property. The Director may authorize up to one required on-street passenger loading space along a frontage curb for certain designated times for schools and Child Care and Early Education Facilities.

2. Loading spaces shall be located adjacent to building door openings.

3. Loading spaces shall be situated to minimize interference with automobile, pedestrian, and bicycle paths of travel.

4. Loading spaces shall be situated to avoid adverse impacts upon neighboring properties, including noise pollution.

5. Loading spaces shall be accessible from an alley, or if no alley is adjacent to the site, a minor roadway.

10.D.a
Packet Pg. 352 Attachment: CDD-Ord-Economic Recovery 101122 [Revision 2] (5200 : Permanent Economic Recovery Zoning Ordinance Changes for 64 6. Loading spaces shall be located in the required rear setback provided that it is not located in any required landscaped area and provided that no portion of a street or alley is counted as part of the required loading area.

HG. Design of Loading Spaces.

1. Screening. Loading areas adjacent to residential uses or public streets or alleys shall be screened or a design shall be provided for approval by the Director.

2. Identification. Loading areas shall be designed, laid out, and clearly marked as being distinct from required parking spaces and aisles, unless the City approves the use of the parking area as an undesignated overlay loading area during non-business hours.

3. Obstructions Prohibited. No walkway, mechanical equipment, utility, waste collection/disposal receptacle, or other equipment or fixture may be placed in any loading area.

IH. Loading Space(s) Driveways and Maneuvering Areas. Each on-site loading space required by this Chapter shall be provided with driveways for ingress and egress and maneuvering space of the same type and meeting the same criteria required for onsite parking spaces. Truck-maneuvering areas shall not encroach into required parking areas, travelways, or street rights-of-way. This requirement may be modified upon a finding by the Director that sufficient space is provided so that truck-maneuvering areas will not interfere with vehicle and pedestrian circulation.

JI. Exceptions for Buildings under 10,000 Square Feet. Notwithstanding the requirements of this Chapter, a waiver or reduction in the number and/or dimensions of loading areas and spaces may be permitted by the Director for projects that will result in

10.D.a
Packet Pg. 353 Attachment: CDD-Ord-Economic Recovery 101122 [Revision 2] (5200 : Permanent Economic Recovery Zoning Ordinance Changes for 65 a total of less than 10,000 square feet on the property if it is determined that the only feasible location for a loading zone within the project boundaries will detract from the project’s pedestrian orientation and thereby not meet the City’s intent to create active, lively streetscapes.

KJ. Exceptions to Providing Semi-Tractor Trailer Loading. Notwithstanding the requirements of this Chapter, if a project is adjacent to an alley and the Director determines that the provision of parking for a semi-tractor trailer is not feasible, a 10-foot by 50-foot area parallel and adjacent to the alley may be dedicated for loading and unloading. No projections may be permitted if they would otherwise render the area inadequate for loading.

Section 14. Santa Monica Municipal Code Section 9.31.040 is hereby amended to read as follows:

9.31.040 Alcoholic Beverage Sales
A. Purpose.

Santa Monica City CouncilOctober 11, 2022

Santa Monica City Council
October 11, 2022