Agenda packet — Santa Monica City Council, March 14, 2023 (part 2 of 3)

RESOLUTION NUMBER ____________(CCS)
(CITY COUNCIL SERIES)

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA

AUTHORIZING THE CITY MANAGER TO ENTER INTO A FREEWAY

MAINTENANCE AGREEMENT WITH THE STATE OF CALIFORNIA

DEPARTMENT OF TRANSPORATION (CALTRANS)

WHEREAS, on August 10, 1976, a Freeway Agreement was executed between CITY and STATE, wherein the PARTIES consented to certain adjustments of the local street and road system required for the development of that portion of STATE Highway Route (SRs) 001 and 010 within the jurisdictional limits of the CITY of Santa Monica as a highway/freeway; and WHEREAS, there is an existing Freeway Maintenance Agreement between the CITY and STATE dated July 26, 1966; and
WHEREAS, on May 17, 1968, an Agreement for Maintenance of the State Highway in the City of Santa Monica, referred to by the STATE as a Delegated Maintenance Agreement, was executed between the CITY and STATE. CITY and STATE are working on updating this Delegated Maintenance Agreement; and WHEREAS, on June 4, 2012 the State relinquished to the City Lincoln Boulevard from Dewey Street to Route 10; and
WHEREAS, the CITY and STATE mutually desire to identify and update the maintenance responsibilities for existing improvements to separation structures and landscaped areas lying within those modified freeway limits;

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Packet Pg. 217 Attachment: Resolution to Enter into FMA [Revision 1] (5571 : Adopt Resolution for New Caltrans Maintenance Agreements)

Page 2 of 3 ends

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

SECTION 1. The above recitals are true and correct findings of the Santa Monica City Council.

SECTION 2. This Freeway Maintenance Agreement identifies maintenance responsibilities of the CITY and STATE.

SECTION 3. The City shall maintain areas and features identified in the updated Freeway Maintenance Agreement.

SECTION 4. The City Manager, or his or her designee, is authorized to enter into the updated Freeway Maintenance Agreement.

SECTION 5. The City Clerk shall certify to the adoption of this Resolution, and thenceforth the same shall be in full force and effect.

APPROVED AS TO FORM:

_______________________
DOUGLAS T. SLOAN

CITY ATTORNEY

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Packet Pg. 218 Attachment: Resolution to Enter into FMA [Revision 1] (5571 : Adopt Resolution for New Caltrans Maintenance Agreements) FMA with Santa Monica, Routes 1 and 10, Citywide
1 FREEWAY MAINTENANCE

AGREEMENT
WITH

CITY OF SANTA MONICA
THIS AGREEMENT is made effective this ______ day of ____________, 20__, by and between the State of California, acting by and through the Department of Transportation, hereinafter referred to as “STATE” and the CITY of Santa Monica; hereinafter referred to as “CITY” and collectively referred to as “PARTIES.”.

SECTION I

RECITALS

1. WHEREAS, on August 10, 1976, a Freeway Agreement was executed between CITY and STATE, wherein the PARTIES consented to certain adjustments of the local street and road system required for the development of that portion of STATE Highway Route (SRs) 001 and 010 within the jurisdictional limits of the CITY as a highway/freeway; and,

2. WHEREAS, the PARTIES hereto mutually desire to identify and update the maintenance responsibilities for improvements to separation structures and landscaped areas lying within those modified freeway limits; and,

3. There is an existing Freeway Maintenance Agreement with the CITY dated July 26, 1966. this agreement supersedes in its entirety the existing Freeway Maintenance Agreement with CITY, dated July 26, 1966; and,

4. WHEREAS, on May 17, 1968, an Agreement for Maintenance of the State Highway in the City of Santa Monica, referred to by the STATE as a Delegated Maintenance Agreement, was executed between the CITY and STATE. CITY and STATE are working on updating this Delegated Maintenance Agreement; and,

5. WHEREAS, on June 4, 2012 the State relinquished to the City Lincoln Boulevard from Dewey Street to Route 10.

NOW THEREFORE IT IS AGREED:

SECTION II

AGREEMENT

1. PARTIES agree this Agreement shall supersede in its entirety the said Freeway Maintenance Agreement executed by PARTIES dated July 26, 1966.

2. Pursuant to Section 5 of the above Freeway Agreement, CITY has resumed or will resume control and maintenance over each of the affected relocated or reconstructed CITY streets, except for those portions adopted as a part of the freeway proper.

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Packet Pg. 219 Attachment: Proposed Freeway Maintenance Agreement (5571 : Adopt Resolution for New Caltrans Maintenance Agreements) FMA with Santa Monica, Routes 1 and 10, Citywide
2 3. The degree or extent of maintenance work to be performed by the CITY and STATE and the standards therefore, shall be in accordance with the provisions of Section 27 of the General Provisions of the Streets and Highways Code and the then current edition of the State Maintenance Manual.

4. CITY agrees to continue its control and maintenance of each of the affected, relocated or reconstructed CITY streets and roads as shown on that plan map attached hereto, marked Exhibit A, and made a part hereof by this reference.

5. CITY and STATE agree to accept their then respective operational and maintenance responsibilities and related associated costs thereof in the event jurisdictional boundaries of the PARTIES should change and Exhibit A is amended to reflect those changes. Changes to a PARTY’s maintenance responsibilities resulting from future improvements or alterations to the limits of the State Routes (SR) 01 & 10 freeways covered in this AGREEMENT may be made by each PARTY executing an amended Exhibit A and/or executing additional pages to Exhibit A that will be attached to this AGREEMENT and will supersede the original Exhibit A.

6. Except as provided in Section 5 above concerning Exhibit amendments, this AGREEMENT may only be amended by a written agreement executed by all PARTIES.

7. CITY must obtain the necessary Encroachment Permits from STATE’s District 07 Encroachment Permit Office prior to entering STATE right of way to perform CITY maintenance responsibilities. This permit will be issued at no cost to CITY.

8. VEHICULAR AND PEDESTRIAN OVERCROSSINGS

8.1. STATE will maintain, at STATE expense, the entire structure of any STATE constructed vehicular and pedestrian overcrossings of SRs 01 and 10 below the asphalt concrete (bituminous) deck wearing surface. STATE will maintain at STATE expense all conduits and electrical facilities embedded or attached to the structure.

8.2. CITY will maintain, at CITY expense, the asphalt concrete (bituminous) deck wearing surface and shall perform such work as may be necessary to ensure an impervious and/or otherwise suitable surface and all portions of the structure above the bridge deck, including, but without limitation, lighting installations, as well as all traffic service facilities (sidewalks, signs, pavement markings, etc.) that may be required for the benefit or control of traffic using that overcrossing.

8.3. As directed by Division 1, Chapter 1, Article 3, Section 92.6 of the Streets and Highways Code, at locations determined by STATE and at STATE expense, STATE shall place screening on STATE freeway overpasses on which pedestrians are allowed. All screens (except any non-standard screenings installed by CITY identified in Exhibit A) installed under this program will be maintained by STATE, at STATE expense. Non-standard screenings installed by CITY will be maintained by CITY at CITY’s expense.

9. VEHICULAR AND PEDESTRIAN UNDERCROSSINGS

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Packet Pg. 220 Attachment: Proposed Freeway Maintenance Agreement (5571 : Adopt Resolution for New Caltrans Maintenance Agreements) FMA with Santa Monica, Routes 1 and 10, Citywide
3 9.1. STATE will maintain the entire structure of all STATE-constructed vehicular and pedestrian undercrossings of STATE freeways except as hereinafter provided.

9.2. CITY will maintain the roadway sections, including the traveled way, shoulders, curbs, sidewalks, wall surfaces (including eliminating graffiti), drainage installations (which are not part of the STATE’s structure), lighting installations and traffic service facilities that may be required for the benefit or control of traffic using that undercrossing.

9.3. WALLS AND COLUMNS IN PEDESTRIAN UNDERCROSSINGS – CITY is responsible for debris removal, cleaning, and painting to keep CITY's side of any wall structure or column free of debris, dirt, and graffiti.

10. WALLS AND COLUMNS –CITY is responsible for painting to keep CITY's side of any wall structure or column free of graffiti.

11. LANDSCAPED AREAS – CITY is responsible for the maintenance of any plantings or other types of roadside improvements lying outside of the fenced area restricting walk-on access to the freeway.

12. INTERCHANGE OPERATON - It is STATE’s responsibility to provide efficient operation of freeway interchanges, including ramp connections to local streets and roads.

13. BICYCLE PATHS, LANES, AND CYCLE TRACKS constructed as permitted encroachments within STATE’s right of way, CITY is solely responsible for all permitted improvements, including but not limited to the delineation, fencing, guard railing, drainage facilities, slope and structural adequacy. CITY will maintain, at CITY expense, a safe facility for bicycle travel along the entire length of the path/lane/cycle track by providing sweeping and debris removal when necessary; and all signing and striping, and pavement markings required for the direction and operation of that non-motorized facility.

14. LEGAL RELATIONS AND RESPONSIBILITIES

14.1. Nothing within the provisions of this Agreement is intended to create duties or obligations to or rights in third parties not PARTIES to this Agreement or to affect the legal liability of a PARTY to the Agreement by imposing any standard of care with respect to the operation and maintenance of STATE highways and local facilities different from the standard of care imposed by law.

14.2. Neither CITY nor any officer or employee thereof is responsible for any injury, damage or liability occurring by reason of anything done or omitted to be done by STATE, under or in connection with any work, authority or jurisdiction conferred upon STATE arising under this Agreement. It is understood and agreed that STATE shall fully defend, indemnify and save harmless CITY and all of their officers and employees from all claims, suits or actions of every name, kind and description brought forth under, including, but not limited to, tortious, contractual, inverse condemnation and other theories or assertions

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Packet Pg. 221 Attachment: Proposed Freeway Maintenance Agreement (5571 : Adopt Resolution for New Caltrans Maintenance Agreements) FMA with Santa Monica, Routes 1 and 10, Citywide
4 of liability occurring by reason of anything done or omitted to be done by STATE under this Agreement.

14.3. Neither STATE nor any officer or employee thereof is responsible for any injury, damage or liability occurring by reason of anything done or omitted to be done by CITY under or in connection with any work, authority or jurisdiction conferred upon CITY and arising under this Agreement. It is understood and agreed that CITY shall fully defend, indemnify and save harmless STATE and all of its officers and employees from all claims, suits or actions of every name, kind and description brought forth under, including, but not limited to, tortious, contractual, inverse condemnation or other theories or assertions of liability occurring by reason of anything done or omitted to be done by CITY under this Agreement.

14.4. This AGREEMENT shall be binding upon and inure to the benefit of each of the PARTIES’ successors-in-interest, including, but not limited to any public entity to whom any part of the STATE right of way covered under this AGREEMENT may be relinquished and any subsequently incorporated city or other municipality established within the CITY’s jurisdictional limits.

15. PREVAILING WAGES:

15.1. Labor Code Compliance- If the work performed on this Agreement is done under contract and falls within the Labor Code section 1720(a)(1) definition of a "public work" in that it is construction, alteration, demolition, installation, or repair; or maintenance work under Labor Code section 1771. CITY must conform to the provisions of Labor Code sections 1720 through 1815, and all applicable provisions of California Code of Regulations found in Title 8, Chapter 8, Subchapter 3, Articles 1-7. CITY agrees to include prevailing wage requirements in its contracts for public work. Work performed by CITY’s own forces is exempt from the Labor Code's Prevailing Wage requirements.

15.2. Requirements in Subcontracts - CITY shall require its contractors to include prevailing wage requirements in all subcontracts when the work to be performed by the subcontractor is a "public work" as defined in Labor Code Section 1720(a)(1) and Labor Code Section 1771. Subcontracts shall include all prevailing wage requirements set forth in CITY's contracts.

16. INSURANCE

16.1. SELF-INSURED - CITY is self-insured. CITY agrees to deliver evidence of self-insured coverage providing general liability insurance, coverage of bodily injury liability and property damage liability, naming the STATE, its officers, agents and employees as the additional insured in an amount of $1 million per occurrence, $2 million in aggregate and $5 million in excess. Coverage shall be evidenced by a certification of self-insurance letter (“Letter of Self-Insurance”), satisfactory to STATE, certifying that CITY meets the coverage requirements of this section. This Letter of Self-Insurance shall also identify the Agreement location as depicted in EXHIBIT A. CITY shall deliver to STATE the Letter

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Packet Pg. 222 Attachment: Proposed Freeway Maintenance Agreement (5571 : Adopt Resolution for New Caltrans Maintenance Agreements) FMA with Santa Monica, Routes 1 and 10, Citywide
5 of Self-Insurance with a signed copy of this AGREEMENT. A copy of the executed Letter of Self-Insurance shall be attached hereto and incorporate as Exhibit B.

16.2. SELF-INSURED using Contractor - If the work performed under this Agreement is done by CITY's contractor(s), CITY shall require its contractor(s) to maintain in force, during the term of this agreement, a policy of general liability insurance, including coverage of bodily injury liability and property damage liability, naming the STATE, its officers, agents and employees as the additional insured in an amount of $1 million per occurrence and $2 million in aggregate and $5 million in excess. Coverage shall be evidenced by a certificate of insurance in a form satisfactory to the STATE and shall be delivered to the STATE with a signed copy of this Agreement

17. TERMINATION - This Agreement may be terminated by timely mutual written consent by PARTIES, and Party’s failure to comply with the provisions of this Agreement may be grounds for a Notice of Termination by the other Party.

18. TERM OF AGREEMENT - This Agreement shall become effective on the date first shown on its face sheet and shall remain in full force and effect until amended or terminated at any time upon mutual consent of the PARTIES or until terminated by either Party for cause.

PARTIES are empowered under law to enter into this Agreement and have delegated to the undersigned the authority to execute this Agreement on behalf of the respective agencies and covenants to have followed all the necessary legal requirements to validly execute this Agreement.

5.E.b
Packet Pg. 223 Attachment: Proposed Freeway Maintenance Agreement (5571 : Adopt Resolution for New Caltrans Maintenance Agreements) FMA with Santa Monica, Routes 1 and 10, Citywide
6 IN WITNESS WHEREOF, PARTIES hereto have set their hands and seals the day and year first above written.

THE CITY OF SANTA MONICA STATE OF CALIFORNIA

DEPARTMENT OF TRANSPORTATION

Initiated and Approved
By: ___________________________
City Manager
By: ___________________________
Godson Okereke
Deputy District Director
Division of Maintenance District 07
ATTEST:

By: __________________________
City Clerk
By: __________________________
City Attorney

5.E.b
Packet Pg. 224 Attachment: Proposed Freeway Maintenance Agreement (5571 : Adopt Resolution for New Caltrans Maintenance Agreements) FMA with Santa Monica, Routes 1 and 10, Citywide
1 EXHIBIT B – LETTER OF CERTIFICATE OF CITY OF SANTA MONICA STATEMENT

OF SELF INSURANCE
California Department of Transportation
100 South Main Street, MS 03
Los Angeles, CA 90012 _______20__
ATTN: Godson Okereke, Deputy District Director, Maintenance City of Santa Monica
Department of Finance
RE: Statement of Self Insurance for CITY of Santa Monica (“CITY”), Related to Freeway Maintenance Agreement with State of California Department of Transportation (“STATE”) for the improvements along Freeways 1 and 10 at CITY’s jurisdiction.

Dear Mr. Okereke,
The purpose of this letter is to certify that the CITY is self-insured and self-funded covering third-party claims arising out of its general operations (for example, commercial general liability and automobile liability insurance). Further the CITY is self-insured covering workers’ compensation claims and has received the consent of the State Department of Industrial Relations to do so.

Each fiscal year, as a part of its budgetary process, the CITY appropriates funds specifically to satisfy valid third-party claims and workers’ compensation claims, which may be brought against the CITY.

The CITY certifies its self-insured, general liability coverage for bodily injury liability and property damage liability, meets the required coverage amounts in section 16 (INSURANCE) of the Maintenance Agreement, specifically general liability insurance, coverage of bodily injury liability and property damage liability in an amount of $1 million per occurrence and $2 million in aggregate and $5 million in excess. The CITY further represents that regarding any claims made in connection with the Maintenance Agreement by the STATE, the STATE will be first-inline regarding the reserved, self-insured amounts.

If you need any additional information regarding this letter, please direct those inquires through my office.

Sincerely,

FINANCE MANAGER

5.E.b
Packet Pg. 225 Attachment: Proposed Freeway Maintenance Agreement (5571 : Adopt Resolution for New Caltrans Maintenance Agreements)

5.E.c
Packet Pg. 226 Attachment: Resolution No. 3464 Approving Original Agreement for Maintenance of State freeways in the City of Santa Monica (5571 : Adopt

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Packet Pg. 227 Attachment: Resolution No. 3464 Approving Original Agreement for Maintenance of State freeways in the City of Santa Monica (5571 : Adopt

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Packet Pg. 228 Attachment: Resolution No. 3464 Approving Original Agreement for Maintenance of State freeways in the City of Santa Monica (5571 : Adopt

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Packet Pg. 229 Attachment: Resolution No. 3464 Approving Original Agreement for Maintenance of State freeways in the City of Santa Monica (5571 : Adopt

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Packet Pg. 230 Attachment: Resolution No. 3464 Approving Original Agreement for Maintenance of State freeways in the City of Santa Monica (5571 : Adopt

5.E.c
Packet Pg. 231 Attachment: Resolution No. 3464 Approving Original Agreement for Maintenance of State freeways in the City of Santa Monica (5571 : Adopt

5.E.c
Packet Pg. 232 Attachment: Resolution No. 3464 Approving Original Agreement for Maintenance of State freeways in the City of Santa Monica (5571 : Adopt

5.E.c
Packet Pg. 233 Attachment: Resolution No. 3464 Approving Original Agreement for Maintenance of State freeways in the City of Santa Monica (5571 : Adopt

5.E.d
Packet Pg. 234 Attachment: Resolution No. 3723 of the City of Santa Monica Council Approving Agreement for Maintenance of State highways in the City of

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Packet Pg. 235 Attachment: Resolution No. 3723 of the City of Santa Monica Council Approving Agreement for Maintenance of State highways in the City of . . . . . . .
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5.E.e
Packet Pg. 236 Attachment: Resolution No. 4784 of the City of Santa Monica Council Approving a Revised Freeway Agreement with the State of California (5571 : Adopt Resolution for New Caltrans Maintenance

5.E

5.E - Adoption of a Resolution to Enter into Updated
Freeway Maintenance Agreement with Caltrans
March 14, 2023

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Packet Pg. 237 Attachment: PowerPoint Presentation (5571 : Adopt Resolution for New Caltrans 2 Past Council Actions

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Packet Pg. 238 Attachment: PowerPoint Presentation (5571 : Adopt Resolution for New Caltrans 3 Summary & History
Why:
• To assign maintenance responsibilities associated with State Highways running through the City;
• Changes in features, such as lighting, signage, roadways, and bicycle lane delineators, and to ensure clear understanding of areas of responsibility;
• City had applied for encroachment permit to construct the 20th Street Bike Lane Project due to limitations of 1966 Agreement. • Future projects requiring Caltrans permits: (Pier Bridge, Stewart/Penn Bike)

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Packet Pg. 239 Attachment: PowerPoint Presentation (5571 : Adopt Resolution for New Caltrans 4 Summary Comparison Table: 1966 vs. 2023 Updated
Agreement

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Packet Pg. 240 Attachment: PowerPoint Presentation (5571 : Adopt Resolution for New Caltrans 5 Summary Comparison Table: 1966 vs. 2023 Updated
Agreement

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Packet Pg. 241 Attachment: PowerPoint Presentation (5571 : Adopt Resolution for New Caltrans 6 Staff Recommendation
Staff recommends that the City Council:
• Adopt a finding of Categorical Exemption (Class 1 Existing Facilities) pursuant to Section 15301 of the California Environmental Quality Act (CEQA) Guidelines;
• Adopt the attached Resolution authorizing the City Manager to enter into a new updated Freeway Maintenance Agreement with the California Department of Transportation (Caltrans);
• Authorize the City Manager to negotiate and execute a Delegated Maintenance Agreement with Caltrans to obtain reimbursement for maintenance work performed by the City on State routes within City boundaries.

5.E.f
Packet Pg. 242 Attachment: PowerPoint Presentation (5571 : Adopt Resolution for New Caltrans City Council
Report
City Council Meeting: March 14, 2023
Agenda Item: 5.F
1 of 3
To: Mayor and City Council
From: David Martin, Director, City Planning
Subject: Adoption of Resolution Approving Final Tract Map No. 83026 For 1427 Lincoln Boulevard
Recommended Action
Staff recommends that the City Council:

1. Adopt a finding of Statutory Exemption (Approval of Final Subdivision Map) pursuant to Section 15268(b)(3) of the California Environmental Quality Act.

2. Adopt the attached resolution approving Final Tract Map No. 83026 for an airspace subdivision of 30 residential condominium units and two commercial condominium units located at 1427 Lincoln Boulevard.

Summary
This report transmits for City Council approval a Final Tract Map for the following condominium project. On December 9, 2020, the Planning Commission approved a Vesting Tentative Tract Map for the proposed subdivision. A timely filing of the Final Map was made to the County or City prior to the Map’s expiration date. According to Section 66452.6(d) of the Subdivision Map Act, once a timely filing is made to the County or City, subsequent actions of the local agency, including, but not limited to, processing, approving, and recording of a map, may lawfully occur after the map’s expiration date.

TRACT MAP ADDRESS SUBDIVIDER UNITS
83026 1427-1431 Lincoln Blvd Lincoln Santa Monica, LLC 32 The following table provides a brief summary of the project:

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Packet Pg. 243
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Zoning District LT (Lincoln Transition) District
Parcel Area Mixed Use Boulevard
Parcel Dimensions 15,000 SF / 100’ W x 150’ D
Existing On-Site Improvements Two commercial buildings on two adjoining lots Rent Control Status Exempt
Historic Resources Inventory Status Not listed on the HRI AHPP Compliance Six on-site affordable housing units
Discussion
On June 24, 2020, the applicant submitted a Vesting Tentative Tract Map application (20ENT-0163) to the City Planning Division to create a 32-unit airspace subdivision for the purposes of allowing 30 residential condominium units and two ground floor commercial condominium units in the Lincoln Transition (LT) zoning district. On December 9, 2020, after a public hearing and careful review of the record and staff recommendations, the Planning Commission approved a Tentative Tract Map for the proposed project. The action of the Planning Commission was based on its findings that the proposed subdivision will have no significant environmental impact and is in conformance with all state and local laws and regulations, and applicable General Plan Elements. The Final Map conforms to the Tentative Map. As a vesting tentative tract map application, its associated approval confers a vested right to proceed with development in substantial compliance with the ordinances, policies, and standards in effect at the time the vesting map is deemed complete by the City. In this case, the application was deemed complete on June 25, 2020, and therefore the development is subject to the development standards in effect at that time.

The developer will be required to show proof of payment of the condominium tax of $30,000 prior to issuance of building permit. The Final Map has been approved by the Los Angeles County Engineer’s office and certified by the City Engineer for conformance with the Tentative Map and conditions thereon, the Subdivision Map Act and local ordinances. The City Engineer’s office indicates that there are no required offsite public improvements. The City Attorney's office has approved the Covenants, Conditions and Restrictions for the Final Map as complying with the conditions of the Tentative Map and applicable laws.

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Environmental Review
The project is exempt from CEQA pursuant to CEQA Section 15268(b)(3), which exempts ministerial projects, including approval of final subdivision maps.

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

Prepared by: Ross Fehrman, AICP, Senior Planner
Prepared By: Ross Fehrman, Senior Planner
Approved Forwarded to Council
Attachments:

A. CCD - Reso - Final Tract Map 1427 Lincoln Boulevard (No. 83026) - 031423

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Packet Pg. 245
City Council Meeting: March 14, 2023 Santa Monica, California RESOLUTION NUMBER _________ (CCS)
(City Council Series)

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA ACCEPTING AND APPROVING THE FINAL SUBDIVISION MAP FOR TRACT NO. 83026 TO SUBDIVIDE A PROPERTY AT 1427 LINCOLN BOULEVARD WHEREAS, on December 9, 2020, the Santa Monica Planning Commission approved a vesting tentative tract map to create a 32-unit airspace subdivision for purposes of allowing 30 residential condominium units and two ground-floor commercial condominium units located at 1427 Lincoln Boulevard; and WHEREAS, a timely filing of a final tract map was made to the County of Los Angeles prior to expiration of the vesting tentative tract map; and WHEREAS, pursuant to Section 66452.6(d) of the Government Code, if a timely filing of a final map is made to the City or County, then the City may process, approve, and record a final map after the expiration of the vesting tentative map; and WHEREAS, the final tract map conforms to the vesting tentative tract map; and WHEREAS, the City Council finds that the proposed subdivision is consistent with the applicable general and specific plans.

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

SECTION 1. That the Final Map for Tract No. 83026 in the City of Santa Monica is hereby accepted and approved.

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

5.F.a
Packet Pg. 246 Attachment: CCD - Reso - Final Tract Map 1427 Lincoln Boulevard (No. 83026) - 031423 [Revision 2] (5575 : Final Map for 22ENT-0243 (1427 SECTION 3. That 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

5.F.a
Packet Pg. 247 Attachment: CCD - Reso - Final Tract Map 1427 Lincoln Boulevard (No. 83026) - 031423 [Revision 2] (5575 : Final Map for 22ENT-0243 (1427 City Council
Report
City Council Meeting: March 14, 2023
Agenda Item: 5.G
1 of 4
To: Mayor and City Council
From: Rick Valte, Public Works Director, Public Works, Water Resources Subject: Approval of Third Modification to Contract #10419 (CCS) with Infor Global Solutions for the Computerized Maintenance Management System for the Public Works Department
Recommended Action
Staff recommends that the City Council

1. Adopt a finding of no possibility of significant effect on the environment pursuant to Section 15061(b)(3) (Common Sense Exemption) of the California Environmental Quality Act (CEQA) Guidelines.

2. Authorize the City Manager to negotiate and execute a third modification to Contract 10419 (CCS) with Infor Global Solutions for the Computerized Maintenance Management System (CMMS) agreement with the Water Resources Division for the Public Works Department. This modification is to extend the agreement for an additional two years in the amount of $180,000, for a total amount not to exceed $1,169,334 for a total contract term of twenty-four years.

Summary
To ensure the efficient and reliable delivery of safe water to customers, the Water Resources Division utilizes a Computerized Maintenance Management System (CMMS) to track water and wastewater operation field data (e.g., date/time of pipe repair) to better assess needs and condition of its assets, schedule repairs and track maintenance records and costs. The Water Utility has utilized Infor Global Solutions, Inc’s Hansen CMMS since 2001. The Water Resources Division is in the process of upgrading the CMMS system to modernize its operations and meet the needs of the expanded and more advanced water/wastewater infrastructure constructed to increase local water supplies and reduce the City’s reliance on imported water supplies. The

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current CMMS system will need to run concurrently while the division migrates to the new system to avoid any loss in data, facilitate data transfer to the upgraded CMMS system, and scheduling over an additional one-year period. Staff, therefore, recommends extending the maintenance agreement with Infor Global Solutions, Inc. for a period of two years in the amount of $180,000, for a total cost not to exceed $1,169,334 for a total term of twenty-four years.

Discussion
The City of Santa Monica’s Water Resources Division utilizes Infor’s Hansen CMMS to capture work orders, labor hours, equipment costs, and material costs per job performed by staff. In addition, the CMMS system is used to inventory and track the condition of its assets like water meters, water and sewer pipes, pumps, and instrumentation vital to water production, water distribution, and sewer collection.

Vendor/Consultant Selection
Although this is the third modification to CT #10419, this contract has had four iterations since its award in November 1999. In June 1999 the City posted an RFP which was advertised in The Argonaut and Los Angeles Times. A committee composed of members from the Water Resources Division and Information Systems Department evaluated the proposals and Infor Global Solutions, Inc. was selected based on their ability to meet the project specifications for the water/wastewater infrastructure in existence at the time. In July 2010, the agreement with Infor was extended and the system was upgraded. In February 2012, a new agreement (Contract #10419) was executed with Infor to extend the term by an additional five years. In January 2017, a first modification extended the new agreement with Infor for an additional five years and additional licenses were purchased. In January 2022, MentorAPM was awarded a contract to replace Hansen 8. In March 2022, a second modification of the agreement with Infor was approved to extend the contract an additional year to run concurrently with MentorAPM Enterprise Asset Management System (EAMS) until final implementation.

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Due to delays with the implementation of the MentorAPM EAMS, staff recommends a third modification to Contract #10419 to extend the term by two years and increase the budget by $180,000 to operate the existing Infor Hansen CMMS system in parallel while the new CMMS system is being implemented.

Environmental Review
The contract modification to extend the use of the Water Resources Division’s existing CMMS system would have no possibility of significant effect on the environment, and therefore, is exempt pursuant to Section 15061(b)(3) (Common Sense Exemption) of the California Environmental Quality Act (CEQA) Guidelines.

Past Council Actions
Meeting Date Description
11/09/1999
(Attachment A)
Award of agreement with vendor for CMMS licensing and
maintenance support.
03/22/2022
(Attachment B)
Agreement was modified to extend the term.

Financial Impacts and Budget Actions
Staff seeks authority to approve available funding from the Water and Wastewater Funds to increase the amount of Contract #10419 with Infor Global Solutions Inc. for CMMS licensing and maintenance. Future year funding is contingent on Council budget approval.

Contract Modification Request
Agreement #
Current
Authorized
Amount
FY 2022-23
Modified
Amount
Future
Years Dept Account # Total Revised
Contract Amount
10419 $494,667 $40,000 $50,000 50500001.529230 $584,667 10419 $494,667 $40,000 $50,000 51500001.529230 $584,667 Total $989,334 $80,000 $100,000 $1,169,334

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Packet Pg. 250
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Prepared By: Thomas Poon, Senior Administrative Analyst Approved Forwarded to Council
Attachments:

A. Attachement A - Staff Report - November 9, 1999
B. Attachment B - Staff Report - March 22, 2022
C. FY 22-23 Oaks Initiative (Infor Public Sector, Inc)
D. CT 7636 (Original Agreement)
E. CT 9238 (Original Agreement)
F. CT 10419 (Modification 1)
G. CT 10419 (Modification 2)

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Packet Pg. 252 Attachment: Attachement A - Staff Report - November 9, 1999 (5584 : Mod 3 - CT #10419 - Infor Global Solutions)

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5.G.a
Packet Pg. 253 Attachment: Attachement A - Staff Report - November 9, 1999 (5584 : Mod 3 - CT #10419 - Infor Global Solutions) City Council
Report
City Council Meeting: March 22, 2022
Agenda Item: 3.C
1 of 4
To: Mayor and City Council
From: Rick Valte, Public Works Director, Public Works, Water Resources Subject: Approval of Second Modification to Contract #10419 (CCS) with Infor Global Solutions for the Computerized Maintenance Management System for the Public Works Department
Recommended Action
Staff recommends that the City Council authorize the City Manager to negotiate and execute a second modification to Contract 10419 (CCS) with Infor Global Solutions for the Computerized Maintenance Management System (CMMS) agreement with the Water Resources Division for the Public Works Department. This modification is made as an exception to the competitive bidding process pursuant to Section 2.24.250 (b) to extend the agreement for an additional year in the amount of $66,000, for a total amount not to exceed $989,334 for a total contract term of twenty-two years.

Summary
To ensure the efficient and reliable delivery of safe water to customers, the Water Resources Division utilizes a Computerized Maintenance Management System (CMMS) to track water and wastewater operation field data (e.g., date/time of pipe repair) to better assess needs and condition of its assets, schedule repairs and track maintenance records and costs. The Water Utility has utilized a CMMS from Infor Global Solutions, Inc since 2001. The Water Resources Division is in the process of upgrading the CMMS system to better meet the needs of the expanded and more advanced water/wastewater infrastructure constructed to achieve water self-sufficiency.

The current CMMS system will need to run concurrently with the new system, once procured, to avoid any loss in data, facilitate data transfer to the upgraded CMMS system, and scheduling over an additional one-year period. Staff, therefore, recommends extending the maintenance agreement with Infor Global Solutions, Inc. for

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Packet Pg. 254 Attachment: Attachment B - Staff Report - March 22, 2022 (5584 : Mod 3 - CT #10419 - Infor Global Solutions) 2 of 4
a period of one year in the amount of $66,000, for a total cost not to exceed $989,334 for a total term of 22 years.

Vendor/Consultant Selection
Although this is the second modification to CT #10419, this contract has had three iterations since its award in November 1999.

In June 1999 the City posted an RFP which was advertised in The Argonaut and Los Angeles Times. A committee composed of members from the Water Resources Division and Information Systems Department evaluated the proposals and Infor Global Solutions, Inc. was selected based on their ability to meet the project specifications for the water/wastewater infrastructure in existence at the time.

In July 2010, the agreement with Infor was extended and the system was upgraded to the next iteration, Hansen 8 from Hansen 7. In February 2012, a new agreement (Contract #10419) was executed with Infor to extend the term by an additional five years. In January 2017, the first modification of the new agreement with Infor was extended an additional five years and additional licenses were purchased.

Staff recommends a second modification to Contract #10419 to extend the term by one year and increase the budget by $66,000 to operate the existing Infor Hansen CMMS system in parallel for one year while the new CMMS system is being implemented. This recommended modification is made as an exception to the competitive bidding process.

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Packet Pg. 255 Attachment: Attachment B - Staff Report - March 22, 2022 (5584 : Mod 3 - CT #10419 - Infor Global Solutions) 3 of 4
Exception to Competitive Bidding
Staff recommends Infor Global Solutions, Inc. to provide software licensing and maintenance as an exception to competitive bidding per Muni Code 2.24.250 (b). Infor Global Solutions, Inc. is the software developer of Hansen 8 and the licensing is unavailable by any other distributor. b. when a good or service is copyrighted, patented or only available form one license holder, including, proprietary goods, original equipment manufacturers and/or exclusive distributors; Past Council Actions
Meeting Date Description
11/09/1999
(Attachment A)
Award of agreement with vendor for CMMS licensing and
maintenance support.
07/13/2010
(Attachment B)
Agreement was modified to extend term and upgrade to latest version of software.
02/14/2012
(Attachment C)
Agreement was modified to extend the term.
01/24/2017
(Attachment D)
Most recent modification to agreement to extend the contract term.

Financial Impacts and Budget Actions
Staff seeks authority to approve funding from the Water and Wastewater Funds to increase the amount of Contract #10419 with Infor Global Solutions Inc. for CMMS licensing and maintenance.

Contract Modification Request
Agreement #
Current Authorized
Amount
FY 2021-22
Budget
Modified Request
Amount
Dept/CIP Account # Total Revised
Contract Amount
10419 $461,667 $33,000 50500001.529230 $494,667
10419 $461,667 $33,000 51500001.529230 $494,667
Total $923,334 $66,000 $989,334

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Packet Pg. 256 Attachment: Attachment B - Staff Report - March 22, 2022 (5584 : Mod 3 - CT #10419 - Infor Global Solutions) 4 of 4
Prepared By: Thomas Poon, Senior Administrative Analyst Approved Forwarded to Council
Attachments:

A. Attachment A - Staff Report - November 9, 1999
B. Attachment B - Staff Report - July 13, 2010
C. Attachment C - Staff Report - February 14, 2012
D. Attachment D - Staff Report - January 24, 2017
E. Oaks Initiative - Infor Public Sector
F. Contract 7636 (CCS) - Original Contract
G. Contract 9238 (CCS) - Extension
H. Contract 10419 (CCS) - Modification 1

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Packet Pg. 257 Attachment: Attachment B - Staff Report - March 22, 2022 (5584 : Mod 3 - CT #10419 - Infor Global Solutions)

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 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 #
02/07/2023
[email protected] (651)767-7000
10419 (CCS)
Infor Public Sector, Inc
None
Gregory M Giangiordano, Brad Steiner, Mark Henry, Lindsay Pritchard Lindsay Pritchard Associate General Counsel

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Packet Pg. 258 Attachment: FY 22-23 Oaks Initiative (Infor Public Sector, Inc) [Revision 1] (5584 : Mod 3 - CT #10419 - Infor Global Solutions)

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Packet Pg. 259 Attachment: CT 7636 (Original Agreement) (5584 : Mod 3 - CT #10419 - Infor Global Solutions)

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Packet Pg. 260 Attachment: CT 7636 (Original Agreement) (5584 : Mod 3 - CT #10419 - Infor Global Solutions)

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Packet Pg. 261 Attachment: CT 7636 (Original Agreement) (5584 : Mod 3 - CT #10419 - Infor Global Solutions)

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Packet Pg. 262 Attachment: CT 7636 (Original Agreement) (5584 : Mod 3 - CT #10419 - Infor Global Solutions)

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Packet Pg. 263 Attachment: CT 7636 (Original Agreement) (5584 : Mod 3 - CT #10419 - Infor Global Solutions)

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Packet Pg. 264 Attachment: CT 7636 (Original Agreement) (5584 : Mod 3 - CT #10419 - Infor Global Solutions)

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Packet Pg. 265 Attachment: CT 7636 (Original Agreement) (5584 : Mod 3 - CT #10419 - Infor Global Solutions)

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Packet Pg. 266 Attachment: CT 7636 (Original Agreement) (5584 : Mod 3 - CT #10419 - Infor Global Solutions)

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Packet Pg. 267 Attachment: CT 7636 (Original Agreement) (5584 : Mod 3 - CT #10419 - Infor Global Solutions)

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Packet Pg. 268 Attachment: CT 7636 (Original Agreement) (5584 : Mod 3 - CT #10419 - Infor Global Solutions)

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Packet Pg. 269 Attachment: CT 7636 (Original Agreement) (5584 : Mod 3 - CT #10419 - Infor Global Solutions)

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Packet Pg. 270 Attachment: CT 7636 (Original Agreement) (5584 : Mod 3 - CT #10419 - Infor Global Solutions)

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Packet Pg. 271 Attachment: CT 7636 (Original Agreement) (5584 : Mod 3 - CT #10419 - Infor Global Solutions)

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Packet Pg. 272 Attachment: CT 7636 (Original Agreement) (5584 : Mod 3 - CT #10419 - Infor Global Solutions)

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Packet Pg. 273 Attachment: CT 7636 (Original Agreement) (5584 : Mod 3 - CT #10419 - Infor Global Solutions)

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Packet Pg. 274 Attachment: CT 7636 (Original Agreement) (5584 : Mod 3 - CT #10419 - Infor Global Solutions)

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Packet Pg. 275 Attachment: CT 7636 (Original Agreement) (5584 : Mod 3 - CT #10419 - Infor Global Solutions)

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Packet Pg. 276 Attachment: CT 7636 (Original Agreement) (5584 : Mod 3 - CT #10419 - Infor Global Solutions)

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Packet Pg. 277 Attachment: CT 7636 (Original Agreement) (5584 : Mod 3 - CT #10419 - Infor Global Solutions)

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Packet Pg. 278 Attachment: CT 7636 (Original Agreement) (5584 : Mod 3 - CT #10419 - Infor Global Solutions)

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Packet Pg. 279 Attachment: CT 7636 (Original Agreement) (5584 : Mod 3 - CT #10419 - Infor Global Solutions)

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Packet Pg. 280 Attachment: CT 7636 (Original Agreement) (5584 : Mod 3 - CT #10419 - Infor Global Solutions)

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Packet Pg. 281 Attachment: CT 7636 (Original Agreement) (5584 : Mod 3 - CT #10419 - Infor Global Solutions)

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Packet Pg. 282 Attachment: CT 7636 (Original Agreement) (5584 : Mod 3 - CT #10419 - Infor Global Solutions)

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Packet Pg. 283 Attachment: CT 7636 (Original Agreement) (5584 : Mod 3 - CT #10419 - Infor Global Solutions)

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Packet Pg. 284 Attachment: CT 7636 (Original Agreement) (5584 : Mod 3 - CT #10419 - Infor Global Solutions)

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Packet Pg. 285 Attachment: CT 7636 (Original Agreement) (5584 : Mod 3 - CT #10419 - Infor Global Solutions)

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Packet Pg. 286 Attachment: CT 7636 (Original Agreement) (5584 : Mod 3 - CT #10419 - Infor Global Solutions)

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Packet Pg. 287 Attachment: CT 7636 (Original Agreement) (5584 : Mod 3 - CT #10419 - Infor Global Solutions)

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Packet Pg. 288 Attachment: CT 7636 (Original Agreement) (5584 : Mod 3 - CT #10419 - Infor Global Solutions)

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Packet Pg. 289 Attachment: CT 7636 (Original Agreement) (5584 : Mod 3 - CT #10419 - Infor Global Solutions)

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Packet Pg. 290 Attachment: CT 7636 (Original Agreement) (5584 : Mod 3 - CT #10419 - Infor Global Solutions)

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Packet Pg. 291 Attachment: CT 7636 (Original Agreement) (5584 : Mod 3 - CT #10419 - Infor Global Solutions)

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Packet Pg. 292 Attachment: CT 7636 (Original Agreement) (5584 : Mod 3 - CT #10419 - Infor Global Solutions)

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Packet Pg. 293 Attachment: CT 7636 (Original Agreement) (5584 : Mod 3 - CT #10419 - Infor Global Solutions)

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Packet Pg. 294 Attachment: CT 7636 (Original Agreement) (5584 : Mod 3 - CT #10419 - Infor Global Solutions)

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Packet Pg. 295 Attachment: CT 7636 (Original Agreement) (5584 : Mod 3 - CT #10419 - Infor Global Solutions)

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Packet Pg. 296 Attachment: CT 7636 (Original Agreement) (5584 : Mod 3 - CT #10419 - Infor Global Solutions)

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Packet Pg. 297 Attachment: CT 7636 (Original Agreement) (5584 : Mod 3 - CT #10419 - Infor Global Solutions)

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Packet Pg. 298 Attachment: CT 7636 (Original Agreement) (5584 : Mod 3 - CT #10419 - Infor Global Solutions)

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Packet Pg. 299 Attachment: CT 7636 (Original Agreement) (5584 : Mod 3 - CT #10419 - Infor Global Solutions)

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Packet Pg. 300 Attachment: CT 7636 (Original Agreement) (5584 : Mod 3 - CT #10419 - Infor Global Solutions)

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Packet Pg. 301 Attachment: CT 7636 (Original Agreement) (5584 : Mod 3 - CT #10419 - Infor Global Solutions)

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Packet Pg. 302 Attachment: CT 7636 (Original Agreement) (5584 : Mod 3 - CT #10419 - Infor Global Solutions)

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Packet Pg. 303 Attachment: CT 7636 (Original Agreement) (5584 : Mod 3 - CT #10419 - Infor Global Solutions)

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Packet Pg. 304 Attachment: CT 7636 (Original Agreement) (5584 : Mod 3 - CT #10419 - Infor Global Solutions)

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Packet Pg. 305 Attachment: CT 7636 (Original Agreement) (5584 : Mod 3 - CT #10419 - Infor Global Solutions)

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Packet Pg. 306 Attachment: CT 7636 (Original Agreement) (5584 : Mod 3 - CT #10419 - Infor Global Solutions)

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Packet Pg. 307 Attachment: CT 7636 (Original Agreement) (5584 : Mod 3 - CT #10419 - Infor Global Solutions)

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Packet Pg. 308 Attachment: CT 7636 (Original Agreement) (5584 : Mod 3 - CT #10419 - Infor Global Solutions)

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Packet Pg. 309 Attachment: CT 7636 (Original Agreement) (5584 : Mod 3 - CT #10419 - Infor Global Solutions)

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Packet Pg. 310 Attachment: CT 7636 (Original Agreement) (5584 : Mod 3 - CT #10419 - Infor Global Solutions)

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Packet Pg. 311 Attachment: CT 7636 (Original Agreement) (5584 : Mod 3 - CT #10419 - Infor Global Solutions)

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Packet Pg. 312 Attachment: CT 7636 (Original Agreement) (5584 : Mod 3 - CT #10419 - Infor Global Solutions)

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Packet Pg. 313 Attachment: CT 7636 (Original Agreement) (5584 : Mod 3 - CT #10419 - Infor Global Solutions)

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Packet Pg. 314 Attachment: CT 7636 (Original Agreement) (5584 : Mod 3 - CT #10419 - Infor Global Solutions)

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Packet Pg. 315 Attachment: CT 7636 (Original Agreement) (5584 : Mod 3 - CT #10419 - Infor Global Solutions)

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Packet Pg. 316 Attachment: CT 7636 (Original Agreement) (5584 : Mod 3 - CT #10419 - Infor Global Solutions)

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Packet Pg. 317 Attachment: CT 7636 (Original Agreement) (5584 : Mod 3 - CT #10419 - Infor Global Solutions)

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Packet Pg. 318 Attachment: CT 7636 (Original Agreement) (5584 : Mod 3 - CT #10419 - Infor Global Solutions)

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Packet Pg. 319 Attachment: CT 7636 (Original Agreement) (5584 : Mod 3 - CT #10419 - Infor Global Solutions)

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Packet Pg. 320 Attachment: CT 7636 (Original Agreement) (5584 : Mod 3 - CT #10419 - Infor Global Solutions)

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Packet Pg. 321 Attachment: CT 7636 (Original Agreement) (5584 : Mod 3 - CT #10419 - Infor Global Solutions)

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Packet Pg. 322 Attachment: CT 7636 (Original Agreement) (5584 : Mod 3 - CT #10419 - Infor Global Solutions)

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Packet Pg. 323 Attachment: CT 7636 (Original Agreement) (5584 : Mod 3 - CT #10419 - Infor Global Solutions)

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Packet Pg. 324 Attachment: CT 7636 (Original Agreement) (5584 : Mod 3 - CT #10419 - Infor Global Solutions)

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Packet Pg. 325 Attachment: CT 7636 (Original Agreement) (5584 : Mod 3 - CT #10419 - Infor Global Solutions)

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Packet Pg. 326 Attachment: CT 7636 (Original Agreement) (5584 : Mod 3 - CT #10419 - Infor Global Solutions)

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Packet Pg. 327 Attachment: CT 7636 (Original Agreement) (5584 : Mod 3 - CT #10419 - Infor Global Solutions)

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Packet Pg. 328 Attachment: CT 7636 (Original Agreement) (5584 : Mod 3 - CT #10419 - Infor Global Solutions)

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Packet Pg. 329 Attachment: CT 7636 (Original Agreement) (5584 : Mod 3 - CT #10419 - Infor Global Solutions)

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Packet Pg. 330 Attachment: CT 7636 (Original Agreement) (5584 : Mod 3 - CT #10419 - Infor Global Solutions)

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Packet Pg. 331 Attachment: CT 7636 (Original Agreement) (5584 : Mod 3 - CT #10419 - Infor Global Solutions)

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Packet Pg. 332 Attachment: CT 7636 (Original Agreement) (5584 : Mod 3 - CT #10419 - Infor Global Solutions)

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Packet Pg. 333 Attachment: CT 7636 (Original Agreement) (5584 : Mod 3 - CT #10419 - Infor Global Solutions)

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Packet Pg. 334 Attachment: CT 7636 (Original Agreement) (5584 : Mod 3 - CT #10419 - Infor Global Solutions)

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Packet Pg. 335 Attachment: CT 7636 (Original Agreement) (5584 : Mod 3 - CT #10419 - Infor Global Solutions)

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Packet Pg. 336 Attachment: CT 7636 (Original Agreement) (5584 : Mod 3 - CT #10419 - Infor Global Solutions)

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Packet Pg. 337 Attachment: CT 7636 (Original Agreement) (5584 : Mod 3 - CT #10419 - Infor Global Solutions)

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Packet Pg. 338 Attachment: CT 7636 (Original Agreement) (5584 : Mod 3 - CT #10419 - Infor Global Solutions)

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Packet Pg. 339 Attachment: CT 7636 (Original Agreement) (5584 : Mod 3 - CT #10419 - Infor Global Solutions)

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Packet Pg. 340 Attachment: CT 7636 (Original Agreement) (5584 : Mod 3 - CT #10419 - Infor Global Solutions)

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Packet Pg. 341 Attachment: CT 7636 (Original Agreement) (5584 : Mod 3 - CT #10419 - Infor Global Solutions)

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Packet Pg. 342 Attachment: CT 7636 (Original Agreement) (5584 : Mod 3 - CT #10419 - Infor Global Solutions)

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Packet Pg. 343 Attachment: CT 7636 (Original Agreement) (5584 : Mod 3 - CT #10419 - Infor Global Solutions)

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Packet Pg. 344 Attachment: CT 7636 (Original Agreement) (5584 : Mod 3 - CT #10419 - Infor Global Solutions)

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Packet Pg. 345 Attachment: CT 7636 (Original Agreement) (5584 : Mod 3 - CT #10419 - Infor Global Solutions)

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Packet Pg. 346 Attachment: CT 7636 (Original Agreement) (5584 : Mod 3 - CT #10419 - Infor Global Solutions)

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Packet Pg. 347 Attachment: CT 7636 (Original Agreement) (5584 : Mod 3 - CT #10419 - Infor Global Solutions)

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Packet Pg. 348 Attachment: CT 7636 (Original Agreement) (5584 : Mod 3 - CT #10419 - Infor Global Solutions)

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Packet Pg. 349 Attachment: CT 7636 (Original Agreement) (5584 : Mod 3 - CT #10419 - Infor Global Solutions)

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Packet Pg. 350 Attachment: CT 7636 (Original Agreement) (5584 : Mod 3 - CT #10419 - Infor Global Solutions)

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Packet Pg. 351 Attachment: CT 7636 (Original Agreement) (5584 : Mod 3 - CT #10419 - Infor Global Solutions)

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Packet Pg. 352 Attachment: CT 7636 (Original Agreement) (5584 : Mod 3 - CT #10419 - Infor Global Solutions)

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Packet Pg. 353 Attachment: CT 7636 (Original Agreement) (5584 : Mod 3 - CT #10419 - Infor Global Solutions)

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Packet Pg. 354 Attachment: CT 7636 (Original Agreement) (5584 : Mod 3 - CT #10419 - Infor Global Solutions)

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Packet Pg. 355 Attachment: CT 7636 (Original Agreement) (5584 : Mod 3 - CT #10419 - Infor Global Solutions)

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Packet Pg. 356 Attachment: CT 7636 (Original Agreement) (5584 : Mod 3 - CT #10419 - Infor Global Solutions)

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Packet Pg. 357 Attachment: CT 7636 (Original Agreement) (5584 : Mod 3 - CT #10419 - Infor Global Solutions)

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Packet Pg. 358 Attachment: CT 7636 (Original Agreement) (5584 : Mod 3 - CT #10419 - Infor Global Solutions)

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Packet Pg. 359 Attachment: CT 7636 (Original Agreement) (5584 : Mod 3 - CT #10419 - Infor Global Solutions)

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Packet Pg. 360 Attachment: CT 7636 (Original Agreement) (5584 : Mod 3 - CT #10419 - Infor Global Solutions)

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Packet Pg. 361 Attachment: CT 7636 (Original Agreement) (5584 : Mod 3 - CT #10419 - Infor Global Solutions)

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Packet Pg. 362 Attachment: CT 7636 (Original Agreement) (5584 : Mod 3 - CT #10419 - Infor Global Solutions)

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Packet Pg. 363 Attachment: CT 7636 (Original Agreement) (5584 : Mod 3 - CT #10419 - Infor Global Solutions)

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Packet Pg. 364 Attachment: CT 7636 (Original Agreement) (5584 : Mod 3 - CT #10419 - Infor Global Solutions)

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Packet Pg. 365 Attachment: CT 7636 (Original Agreement) (5584 : Mod 3 - CT #10419 - Infor Global Solutions)

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Packet Pg. 366 Attachment: CT 7636 (Original Agreement) (5584 : Mod 3 - CT #10419 - Infor Global Solutions)

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Packet Pg. 367 Attachment: CT 7636 (Original Agreement) (5584 : Mod 3 - CT #10419 - Infor Global Solutions)

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Packet Pg. 368 Attachment: CT 7636 (Original Agreement) (5584 : Mod 3 - CT #10419 - Infor Global Solutions)

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Packet Pg. 369 Attachment: CT 7636 (Original Agreement) (5584 : Mod 3 - CT #10419 - Infor Global Solutions)

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Packet Pg. 370 Attachment: CT 7636 (Original Agreement) (5584 : Mod 3 - CT #10419 - Infor Global Solutions)

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Packet Pg. 371 Attachment: CT 7636 (Original Agreement) (5584 : Mod 3 - CT #10419 - Infor Global Solutions)

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Packet Pg. 372 Attachment: CT 7636 (Original Agreement) (5584 : Mod 3 - CT #10419 - Infor Global Solutions)

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Packet Pg. 373 Attachment: CT 7636 (Original Agreement) (5584 : Mod 3 - CT #10419 - Infor Global Solutions)

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Packet Pg. 374 Attachment: CT 7636 (Original Agreement) (5584 : Mod 3 - CT #10419 - Infor Global Solutions)

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Packet Pg. 375 Attachment: CT 7636 (Original Agreement) (5584 : Mod 3 - CT #10419 - Infor Global Solutions)

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Packet Pg. 376 Attachment: CT 7636 (Original Agreement) (5584 : Mod 3 - CT #10419 - Infor Global Solutions)

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Packet Pg. 377 Attachment: CT 7636 (Original Agreement) (5584 : Mod 3 - CT #10419 - Infor Global Solutions)

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Packet Pg. 378 Attachment: CT 7636 (Original Agreement) (5584 : Mod 3 - CT #10419 - Infor Global Solutions)

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Packet Pg. 379 Attachment: CT 7636 (Original Agreement) (5584 : Mod 3 - CT #10419 - Infor Global Solutions)

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Packet Pg. 380 Attachment: CT 7636 (Original Agreement) (5584 : Mod 3 - CT #10419 - Infor Global Solutions)

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Packet Pg. 381 Attachment: CT 7636 (Original Agreement) (5584 : Mod 3 - CT #10419 - Infor Global Solutions)

5.G.d
Packet Pg. 382 Attachment: CT 7636 (Original Agreement) (5584 : Mod 3 - CT #10419 - Infor Global Solutions)

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Packet Pg. 383 Attachment: CT 7636 (Original Agreement) (5584 : Mod 3 - CT #10419 - Infor Global Solutions)

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Packet Pg. 384 Attachment: CT 7636 (Original Agreement) (5584 : Mod 3 - CT #10419 - Infor Global Solutions)

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Packet Pg. 385 Attachment: CT 7636 (Original Agreement) (5584 : Mod 3 - CT #10419 - Infor Global Solutions)

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Packet Pg. 386 Attachment: CT 7636 (Original Agreement) (5584 : Mod 3 - CT #10419 - Infor Global Solutions)

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Packet Pg. 387 Attachment: CT 7636 (Original Agreement) (5584 : Mod 3 - CT #10419 - Infor Global Solutions)

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Packet Pg. 388 Attachment: CT 7636 (Original Agreement) (5584 : Mod 3 - CT #10419 - Infor Global Solutions)

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Packet Pg. 389 Attachment: CT 9238 (Original Agreement) (5584 : Mod 3 - CT #10419 - Infor Global Solutions)

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Packet Pg. 390 Attachment: CT 9238 (Original Agreement) (5584 : Mod 3 - CT #10419 - Infor Global Solutions)

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Packet Pg. 391 Attachment: CT 9238 (Original Agreement) (5584 : Mod 3 - CT #10419 - Infor Global Solutions)

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Packet Pg. 392 Attachment: CT 9238 (Original Agreement) (5584 : Mod 3 - CT #10419 - Infor Global Solutions)

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Packet Pg. 393 Attachment: CT 9238 (Original Agreement) (5584 : Mod 3 - CT #10419 - Infor Global Solutions)

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Packet Pg. 394 Attachment: CT 9238 (Original Agreement) (5584 : Mod 3 - CT #10419 - Infor Global Solutions)

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Packet Pg. 395 Attachment: CT 9238 (Original Agreement) (5584 : Mod 3 - CT #10419 - Infor Global Solutions)

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Packet Pg. 396 Attachment: CT 9238 (Original Agreement) (5584 : Mod 3 - CT #10419 - Infor Global Solutions)

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Packet Pg. 397 Attachment: CT 9238 (Original Agreement) (5584 : Mod 3 - CT #10419 - Infor Global Solutions)

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Packet Pg. 398 Attachment: CT 9238 (Original Agreement) (5584 : Mod 3 - CT #10419 - Infor Global Solutions)

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Packet Pg. 399 Attachment: CT 9238 (Original Agreement) (5584 : Mod 3 - CT #10419 - Infor Global Solutions)

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Packet Pg. 400 Attachment: CT 9238 (Original Agreement) (5584 : Mod 3 - CT #10419 - Infor Global Solutions)

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Packet Pg. 401 Attachment: CT 9238 (Original Agreement) (5584 : Mod 3 - CT #10419 - Infor Global Solutions)

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Packet Pg. 402 Attachment: CT 9238 (Original Agreement) (5584 : Mod 3 - CT #10419 - Infor Global Solutions)

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Packet Pg. 403 Attachment: CT 9238 (Original Agreement) (5584 : Mod 3 - CT #10419 - Infor Global Solutions)

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Packet Pg. 404 Attachment: CT 10419 (Modification 1) (5584 : Mod 3 - CT #10419 - Infor Global Solutions)

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Packet Pg. 405 Attachment: CT 10419 (Modification 1) (5584 : Mod 3 - CT #10419 - Infor Global Solutions) 1 SECOND MODIFICATION OF MAINTENANCE NO. 10419 (CCS)
This Second Modification of Agreement Number 10419 (CCS) (“Second Modification”) entered into as of _________________ (“Execution Date”), by and between the City of Santa Monica, a municipal corporation (“City”), and Infor Public Sector, Inc. (“Contractor”) is made with reference to the following:

RECITALS
A. On or about 4/4/2001, City and Contractor’s predecessor entered into that certain Software License Agreement No. 7636 (CCS).

B. On or about 9/7/2010, the City and Contractor entered into Agreement Number 9238 (CCS) for a Computerized Maintenance Management System (CMMS) for the Water Resources Division (“Original Agreement”).

C. On or about^^4/3/2017, the City and Contractor entered into a First Modification of Agreement Number 10419 (CCS) (“First Modification”) which extended the term of the agreement and increased funding to pay for the extension. Agreement Number 9238 was assigned a new Agreement Number 10419 (CCS). The Original Agreement and First Modification may be referred to collectively herein as “the Agreement.”
D. The City and Contractor desire to modify the Agreement to extend its duration and increase the agreement price to pay for the extension.

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

1. Section II of the Exhibit A, Order Form of the Agreement entitled “Support Services” shall be deleted in its entirety and replaced with the following paragraph:

Term. This Agreement begins on the Execution Date and terminates on February 28, 2023, unless terminated earlier as set forth in the Agreement or extended by the parties in writing.

2. Section II of the Exhibit A, Order Form of the Agreement be modified by adding the following paragraph:

Compensation. The City will compensate Contractor for the Additional Services in an amount not to exceed $66,000, as set forth in Exhibit B-2. The total agreement price for services pursuant to the Software License Agreement No. 7636 (CCS), the Original Agreement, the First Modification, and this Second Modification shall not exceed $989,334.

3. Exhibit B-2 is attached hereto and incorporated herein by this reference.

DocuSign Envelope ID: 014AD6D2-19EC-42E6-B374-0F37524F32D5 4/12/2022

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Packet Pg. 406 Attachment: CT 10419 (Modification 2) (5584 : Mod 3 - CT #10419 - Infor Global Solutions) 2 4. Execution in Counterparts. This Second Modification may be executed in counterparts with the same effect as if both parties hereto had executed the same document. All counterparts shall be construed together and shall constitute a single modification. Any signature to this Second Modification transmitted electronically through DocuSign or PDF shall be deemed an original signature and be binding upon the parties hereto (it being agreed that such electronic signature shall have the same force and effect as an original signature).

5. Except as expressly modified by this Second Modification, all other terms and conditions of the Agreement shall be and remain in full force and effect.

IN WITNESS WHEREOF, the parties have executed this Second Modification as of the date and year first written above.

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
Contractor Corporation
#VENDOR
By: _______________________________
DocuSign Envelope ID: 014AD6D2-19EC-42E6-B374-0F37524F32D5 Interim City Attorney
4/7/2022
Susan Cola
Infor
4/8/2022
Jeffrey Taylor
jt
David White
City Manager
4/14/2022 4/12/2022
City Clerk
Denise Anderson-Warren

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Packet Pg. 407 Attachment: CT 10419 (Modification 2) (5584 : Mod 3 - CT #10419 - Infor Global Solutions) EXHIBIT B-2
Budget
Original Contract: $104,720
Extension: $231,948
Sole Source Purchase Order: $231,250
1st Modification: $355,416
2nd Modification: $66,000
Total Contract NTE (Original Contract, Extension, Sole Source PO, 1st Modification & 2nd Modification): $989,334
DocuSign Envelope ID: 014AD6D2-19EC-42E6-B374-0F37524F32D5

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Packet Pg. 408 Attachment: CT 10419 (Modification 2) (5584 : Mod 3 - CT #10419 - Infor Global Solutions) City Council
Report
City Council Meeting: March 14, 2023
Agenda Item: 5.H
1 of 5
To: Mayor and City Council
From: Rick Valte, Public Works Director, Public Works, Architecture Services Subject: Award Bids for 3200 Airport Ave Renovation Hazmat Abatement and Adopt a Finding of Categorical Exemption Under Sections 15301, 15302, and 15308 of the California Environmental Quality Act Guidelines
Recommended Action
Staff recommends that the City Council:

1. Award Bid #SP2660 to Unlimited Environmental, Inc. for 3200 Airport Avenue hazardous material abatement services for the Public Works Department;

2. Authorize the City Manager to negotiate and execute an agreement with Unlimited Environmental, Inc., in an amount not to exceed $229,702 (including a $38,284 contingency);

3. Award Bid #SP2660 to Unlimited Environmental, Inc. for on-call hazardous material abatement services for the Public Works Department;

4. Authorize the City Manager to negotiate and execute agreements with Unlimited Environmental, Inc., in an amount not to exceed $1,500,000 for three years, with two-additional one-year renewal options in the amount of $500,000, on the same terms and conditions for a total amount not to exceed $2,500,000 over a fiveyear period, with future year funding contingent on Council budget approval.

5. Award Bid #SP2660 to Castlerock Environmental, Inc. for on-call hazardous material abatement services for the Public Works Department;

6. Authorize the City Manager to negotiate and execute agreements with Castlerock Environmental, Inc., in an amount not to exceed $1,500,000 for three years, with two-additional one-year renewal options in the amount of $500,000, on the same terms and conditions for a total amount not to exceed $2,500,000 over a fiveyear period, with future year funding contingent on Council budget approval.

7. Adopt a finding of Categorical Exemption pursuant to Sections 15301 (Existing Facilities), 15302 (Replacement/Reconstruction), and 15308 (Actions for Protection of the Environment) of the California Environmental Quality Act (CEQA) Guidelines.

Summary
The Santa Monica Airport seeks to renovate the 3200 Airport Avenue building to comply

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with current code regulations, address deferred maintenance issues, minimize ongoing maintenance costs, and maximize the building’s revenue potential. To properly and safely dispose of material generated from areas of demolition during the renovation, a certified hazardous material abatement contractor must be utilized. In addition, the City has identified a need to establish on-call agreements for hazardous material abatement services for similar Public Works projects Citywide. Therefore, Staff recommends awarding hazardous material abatement services for 3200 Airport Avenue to Unlimited Environmental, Inc. and hazardous material abatement on-call services to Unlimited Environmental, Inc and Castlerock Environment, Inc.

Discussion
Built between 1940 and 1947, the 3200 Airport Avenue building was constructed with materials that would no longer be utilized by today’s standards. In preparation for the 3200 Airport Avenue Renovation project, certain sections of the building will need to be abated and monitored for proper disposal. For this process, South Coast Air Quality Management District (SCAQMD) requires the use of a certified hazardous material abatement contractor.

Staff recommends awarding hazardous material abatement services for 3200 Airport Avenue to Unlimited Environmental, Inc. and hazardous material abatement on-call services to Unlimited Environmental, Inc. and Castlerock Environmental, Inc. This selection is based on their proposed experience, quality of the teams, and cost of the proposed services.

Recommendations
Selection Criteria
Evaluation Criteria The training, credentials and experience of the firms; the Recommended Vendors (Hazardous Material Abatement)
Unlimited
Environmental, Inc.

Castlerock
Environmental, Inc.

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demonstrated competence, ability, capacity and skill of the person or firm to perform the contract or provide the service promptly, within the time specified, and without delay; the capacity of the person or firm to perform the contract or provide the service promptly, within the time specified, and without delay; the sufficiency of the person’s or firm’s financial and other resources; and the character, integrity, reputation and judgment of the person or firm; the ability of the person or firm to provide such future service as may be needed; and the price which the person or firm proposes to charge, including the price being fair, reasonable and competitive. The City shall have absolute discretion in determining the applicability and weight of the criteria listed above.

The city is not required to select the proposal with the lowest price.

Municipal Code SMMC 2.24.180
RFQual Data
Date
Posted Posted On
Advertised In
(City Charter &
SMMC)
Vendors
Downloaded
Submittals
Received
Date
Publicly
Opened
10/28/2022
City's
Online
Bidding Site
Santa Monica
Daily Press 21 2 10/11/2022
Justification to Short-List
Both firms have demonstrated competence, capacity, and the skill in performing hazardous material abatement. In addition, both firms have provided competitive pricing to the city. Based on these criteria, these vendors are recommended as the best qualified firms. Although the 3200 Airport Avenue Renovation abatement scope will be awarded to Unlimited Environmental, Inc., staff recommends awarding on-call agreements to both firms to address future City abatement needs. Multiple agreements will allow City staff to perform a competitive procurement process to award future projects.

Environmental Review

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The project is categorically exempt from CEQA pursuant to Section 15301, Section 15302, and Section 15308 of the CEQA Guidelines. Section 15301 exempts Class 1 (Existing Facilities) projects from CEQA, which include the operation, repair, maintenance, permitting, leasing, licensing, or minor alteration of existing public or private structures, facilities, mechanical equipment, or topographical features, involving negligible or no expansion of existing or former use. Section 15302 exempts Class 2 (Replacement or Reconstruction) projects which include the replacement or reconstruction of existing structures and facilities where the new structure will be located in the same site as the structure replaced and will have substantially the same purpose and capacity as the structure replaced. Section 15308 exempts actions taken by regulatory agencies for protection of the environment (Class 8). The project would renovate and conduct hazardous materials abatement for the existing city facility at 3200 Airport Avenue, and therefore, it has determined that the project is categorically exempt pursuant to Section 15301, Section 15302, and Section 15308 of the CEQA Guidelines. Furthermore, staff has determined that none of the exceptions to Categorical Exemptions set forth in the CEQA Guidelines, section 15300.2 apply to this project.

Financial Impacts and Budget Actions
Staff seeks authority to approve available funding from the Airport and various Funds to award agreements to Unlimited Environmental, Inc. and Castlerock Environmental, Inc. for hazardous material abatement. Future year funding is contingent on Council budget approval.

Contract Request
Vendor
FY 2022-23
Request Amount
Future Years
Request Amount
Various
Departments/CIP
Account #
Total Contract(s)
Unlimited
Environmental, Inc.
$229,702 $0 C5704690.689000 $229,702
Unlimited
Environmental, Inc.
$1,500,000 $1,000,000 Various $2,500,000
Castlerock
Environmental, Inc.
$1,500,000 $1,000,000 Various $2,500,000
$3,229,702 $2,000,000 Total $5,229,702

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Prepared By: Phillip Ticun, CIP Project Manager
Approved Forwarded to Council
Attachments:

A. Oaks_Initiative_Disclosure_Form_Unlimited
B. Oaks_Initiative_Disclosure_Form_Castlerock

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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:

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

Bid/PO/Contract # ____________________________ Permit # ___________________________
Unlimited Environmental, Inc.

W. Scott Lange
Jill Hunt-Dupleich
W. Scott Lange
Jill Hunt-Dupleich Executive Vice President
10/6/2022
[email protected] (562) 981-6600

5.H.a
Packet Pg. 414 Attachment: Oaks_Initiative_Disclosure_Form_Unlimited (5593 : 3200 Airport Ave Renovation Hazmat Abatement)

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Attachment: Oaks_Initiative_Disclosure_Form_Castlerock [Revision 1] (5593 : 3200 Airport Ave Renovation Hazmat Abatement) City Council
Report
City Council Meeting: March 14, 2023
Agenda Item: 5.I
1 of 2
To: Mayor and City Council
From: Douglas Sloan, City Attorney, City Attorney's Office, Administration Subject: Adoption of Resolution Repealing Resolution Number 11306 (CCS) and Amending the City's Conflict of Interest Code to Revise the Designated Positions as Required by California Law To File Statements of Economic Interest
Recommended Action
Staff recommends that the City Council update the City’s Conflict of Interest Code by adopting the proposed resolution.

Executive Summary
The Political Reform Act of 1974 requires every state and local governmental agency to review and adopt a conflict of interest code every two years in order to help government employees avoid financial conflicts. This biannual review includes updating the City’s list of designated positions that are required to file Statements of Economic Interest, as reflected in the proposed resolution and Exhibit 1.

Discussion
A local agency’s conflict of interest code must reflect the current structure of the organization and properly identify officials and employees who should be filing Statements of Economic Interests (Form 700s). To ensure conflict of interest codes remain current and accurate, each local agency is required to review its code at least every even-numbered year. To comply with these requirements, the Office of the City Clerk and City Attorney’s Office, in conjunction with Human Resources, have conducted a review to update the list of designated positions that are required to file Statements of Economic Interest. Exhibit 1 to the attached Resolution contains the updated list of

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designated positions, including current titles and job duties, as well as disclosure categories.

Environmental Review
The update of the Conflict of Interest code is not a project for the purpose of CEQA.

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

Prepared By: Katie Doerr, Deputy City Attorney III
Approved Forwarded to Council
Attachments:

A. COI Reso 2023
B. 2023 COI EXHIBIT 1
C. COI Exhibit 2

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City Council Meeting: March 14, 2023 Santa Monica, California RESOLUTION NUMBER _____ (CCS)
(City Council Series)

A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF SANTA MONICA REPEALING RESOLUTION NUMBER 11306 (CCS) AND AMENDING THE CITY'S CONFLICT OF INTEREST CODE TO REVISE

THE DESIGNATED POSITIONS FOR WHICH STATEMENTS OF ECONOMIC

INTEREST ARE REQUIRED TO BE FILED
WHEREAS, the Political Reform Act, Government Code Sections 81000 et seq., requires every state or local government agency to adopt and promulgate a Conflict of Interest Code; and
WHEREAS, on February 26, 1985, the City Council of the City of Santa Monica adopted Resolution Number 6978 (CCS) which established the Conflict of Interest Code for the City of Santa Monica by incorporating the provisions of 2 California Administrative Code Section 18730; and
WHEREAS, on March 26, 1996, the City Council adopted Resolution Number 9009 (CCS) which revised the City's Conflict of Interest Code to reflect changes in the law and to update the list of positions for which Statements of Economic Interest are required to be filed ("designated positions") and the financial disclosure categories for each designated position; and
WHEREAS, on March 25, 1997, the City Council adopted Resolution Number 9132 (CCS) which revised the City's Conflict of Interest Code to update the list of designated positions and the financial disclosure categories for each designated position; and
WHEREAS, on March 7, 2000, the City Council adopted Resolution Number

5.I.a
Packet Pg. 418 Attachment: COI Reso 2023 [Revision 1] (5631 : Amending the City's Conflict of Interest Code Resolution) 9489 (CCS) which revised the City's Conflict of Interest Code to update the list of designated positions and the financial disclosure categories for each designated position; and
WHEREAS, on February 13, 2001, the City Council adopted Resolution Number 9617 (CCS) which revised the City's Conflict of Interest Code to update the list of designated positions and the financial disclosure categories for each designated position; and
WHEREAS, on February 24, 2004, the City Council adopted Resolution Number 9930 (CCS) which revised the City's Conflict of Interest Code to update the list of designated positions and the financial disclosure categories for each designated position; and
WHEREAS, on December 13, 2005, the City Council adopted Resolution Number 10098 (CCS) which revised the City's Conflict of Interest Code to update the list of designated positions and the financial disclosure categories for each designated position; and
WHEREAS, on February 12, 2008, the City Council adopted Resolution Number 10272 (CCS) which revised the City's Conflict of Interest Code to update the list of designated positions and the financial disclosure categories for each designated position; and
WHEREAS, on February 9, 2010, the City Council adopted Resolution Number 10454 (CCS) which revised the City's Conflict of Interest Code to update the list of designated positions and the financial disclosure categories for each designated position; and

5.I.a
Packet Pg. 419 Attachment: COI Reso 2023 [Revision 1] (5631 : Amending the City's Conflict of Interest Code Resolution) WHEREAS, on March 27, 2012, the City Council adopted Resolution Number 10656 (CCS) which revised the City's Conflict of Interest Code to update the list of designated positions and the financial disclosure categories for each designated position; and
WHEREAS, on January 28, 2014, the City Council adopted Resolution Number 10796 (CCS) which revised the City's Conflict of Interest Code to update the list of designated positions and the financial disclosure categories for each designated position; and
WHEREAS, on January 26, 2016, the City Council adopted Resolution Number 10931 (CCS) which revised the City’s Conflict of Interest Code to update the list of designated positions and the financial disclosure categories for each designated position; and
WHEREAS, on November 13, 2018, the City Council adopted Resolution Number 11148 (CCS) which revised the City’s Conflict of Interest Code to update the list of designated positions and the financial disclosure categories for each designated position; and
WHEREAS, on November 24, 2020, the City Council adopted Resolution Number 11306 (CCS) which revised the City’s Conflict of Interest Code to update the list of designated positions and the financial disclosure categories for each designated position; and
WHEREAS, it is necessary to update Exhibit 1 to Resolution Number 11306 (CCS), which contains the list of designated positions subject to the Conflict of Interest Code and the financial disclosure categories applicable to each position, in order

5.I.a
Packet Pg. 420 Attachment: COI Reso 2023 [Revision 1] (5631 : Amending the City's Conflict of Interest Code Resolution) to ensure that the list accurately reflects currently existing positions and job duties.

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

SECTION 1. Resolution Number 11306 (CCS) is hereby repealed in its entirety.

SECTION 2. The City's Conflict of Interest Code shall consist of the provisions of 2 California Code of Regulations (the "Code") and Exhibits 1 and 2 attached to this Resolution, all of which documents are hereby incorporated by reference.

SECTION 3. Any future amendments to the City's Conflict of Interest Code, including, but not limited to, amendments to the designated positions list or to the financial disclosure categories, shall be made by resolution duly adopted by the City Council of the City of Santa Monica.

SECTION 4. Pursuant to the Code, any person holding a designated position, including any person holding a designated position in any acting capacity, shall file a Statement of Economic Interest with the City Clerk. Additionally, any person hired for a position not covered by the Code, who makes or participates in making a governmental decision shall file a Statement of Economic Interest. The City Council hereby delegates to the City Clerk the authority to carry out the duties of filing officer.

SECTION 5. Pursuant to the Code, all persons assuming or leaving designated positions must file Statements of Economic Interest within thirty (30) days after assuming or leaving the designated position.

SECTION 6. The City Clerk shall certify to the adoption of this Resolution, and

5.I.a
Packet Pg. 421 Attachment: COI Reso 2023 [Revision 1] (5631 : Amending the City's Conflict of Interest Code Resolution) thenceforth and thereafter the same shall be in full force and effect.

APPROVED AS TO FORM:
_________________________
Douglas Sloan, City Attorney

5.I.a
Packet Pg. 422 Attachment: COI Reso 2023 [Revision 1] (5631 : Amending the City's Conflict of Interest Code Resolution) 1 EXHIBIT 1

DESIGNATED POSITIONS DISCLOSURE

CATEGORIES
(See attached EXHIBIT 2
for category definitions)
City Attorney
City Attorney *
Special Counsel/Chief of Staff Category 1
Deputy City Attorney I/II/III Category 1
Consumer Affairs Specialist Category 1
Chief Deputy City Attorney Category 1
City Manager
City Manager *
Assistant City Manager/Chief Operating Officer Category 1 Assistant to the City Manager Category 1
Deputy City Manager Category 1
Emergency Services Administrator Category 2, 3
Chief Communications Officer Category 1
Communications and Public Information Manager Category 1 Chief Resilience Officer Category 1
Public Information Coordinator Category 2
Public Information Officer Category 2, 3
Senior Marketing Manager Category 2
Public Safety Dispatch Administrator Category 2, 3
Special Asst Equity and Community Recovery Category 2, 3 Public Safety Dispatch Supervisor Category 2, 3
Equity and Inclusion Manager Category 1
Community Partnerships Manager Category 1
Equity and Communications Coordinator Category 2
Community Development
Director of Community Development Category 1
Assistant Director – Community Development
Department/Chief Mobility Officer
Category 1
Principal Traffic Engineer Category 3, 4
Building Officer Category 3, 4
Building and Safety Manager Category 3, 4
Code Enforcement Manager Category 3, 4
Code Enforcement Supervisor Category 3, 4
Lead Combination Building Inspector Category 3, 4
Combination Building Inspector I/II/III Category 3, 4
Code Enforcement Officer I/II/III Category 3, 4
Inspection Supervisor Category 3, 4
Permit Services Administrator Category 3, 4

5.I.b
Packet Pg. 423 Attachment: 2023 COI EXHIBIT 1 [Revision 1] (5631 : Amending the City's Conflict of Interest Code Resolution) 2 Plans Examiner I/II/III Category 3, 4
Plan Check Supervisor Category 3, 4
Principal Plan Check Engineer Category 3, 4
Senior Plan Check Engineer Category 3, 4
Planning Manager Category 3, 4
Principal Planner Category 3, 4
Senior Planner Category 3, 4
Associate Planner Category 3, 4
Assistant Planner Category 3, 4
Principal Transportation Planner Category 3, 4
Senior Transportation Planner – Bicycle Program Category 3, 4 Transportation Planning Associate Category 3, 4
Environmental Planner Category 3, 4
Lead Code Enforcement Officer Category 3, 4
Transportation Engineer Category 3, 4
Lead Traffic Signal Technician Category 3, 4
Traffic Signal Technician Category 3, 4
Administrative Analyst Category 3, 4
Senior Administrative Analyst Category 3, 4
Principal Administrative Analyst Category 3, 4
Parking Operations Specialist Category 3, 4
Parking Manager Category 3, 4
Transportation Management Coordinator Category 3, 4
Assistant Plan Check Engineer Category 3, 4
Pier and Beach Administrator Category 1
Farmers Market Manager Category 3, 4
Farmer’s Market Coordinator I/II Category 3
Senior Development Analyst Category 3
Economic Development Manager Category 1
Administrative Services Officer Category 3, 4
Sr Transportation Planner Category 3, 4
Design & Historic Preservation Planner Category 3, 4
Real Estate Project Manager Category 3, 4
Community Services
Director of Community Services Category 1
Aquatic Site Supervisor Category 3, 4
Assistant Director of Community Services Category 1
Senior Administrative Analyst Category 3, 4
Beach House Venue Manager Category 2
Beach Recreation Supervisor Category 3, 4
Community Services Program Supervisor – Youth Category 2, 3 Cultural Affairs Manager Category 1
Cultural Affairs Administrator Category 2
Cultural Affairs Supervisor Category 3, 4
Housing and Human Services Administrator Category 2

5.I.b
Packet Pg. 424 Attachment: 2023 COI EXHIBIT 1 [Revision 1] (5631 : Amending the City's Conflict of Interest Code Resolution) 3 Housing and Human Services Manager Category 1
Community Recreation Manager Category 1
Community Recreation Administrator Category 2
Principal Administrative Analyst Category 3
Principal Community Services Supervisor Category 3, 4
Housing Program Manager Category 3, 4
Administrative Analyst Category 3
Beach Manager Category 1
Department of Transportation
Director of Transit Services Category 1
Director, Department of Transportation Category 1
Asst. Director of Transportation Category 2
Administrative Services Officer Category 2
Transit Maintenance Manager Category 2
Transit Maintenance Administrator Category 2, 3
Transit Maintenance Superintendent Category 2
Facilities Maintenance Superintendent Category 2
Operations Superintendent Category 2
Transit Planning and Performance Manager Category 2
Transit Planning and Performance Manager Category 2
Strategic Transit Planner Category 3, 4
Transit Planner Category 3, 4
Transit Government Relations Engagement Officer Category 2 Transit Finance & Grants Manager Category 2
Senior Administrative Analyst Category 2
Senior Administrative Analyst – Transit Grants Category 2, 3 Senior Transit Operations Analyst Category 2
Transit Mechanic Supervisor Category 2
Transit Safety and Training Manager Category 2
Safety and Training Supervisor Category 2
Transit Safety Officer Category 2
Transit Operations Manager Category 2
Warehouse Procurement Supervisor Category 2
Community Engage & Cust Experience Manager Category 2
Community Engagement Administrator Category 2
Customer Service Supervisor Category 2
Asst Director of Transit Services Category 2
Motor Coach Operator Supervisor Category 2
Customer Experience & Innovation Administrator Category 2 Mobility Manager Category 2
Principal Transportation Planner Category 3, 4
Senior Transportation Planner Category 3, 4
Transportation Planning Associate Category 3, 4
Principal Traffic Manager Category 2
Transportation Engineer Category 3, 4

5.I.b
Packet Pg. 425 Attachment: 2023 COI EXHIBIT 1 [Revision 1] (5631 : Amending the City's Conflict of Interest Code Resolution) 4 Traffic Operations Supervisor Category 2
Lead Traffic Signal Technician Category 3, 4
Traffic Signal Technician Category 3, 4
Transportation Demand Manager Category 2
Parking Manager Category 2
Principal Administrative Analyst Category 2
Human Resources Manager Category 1
Senior Human Resources Analyst Category 3
Information Systems
Chief Information Officer Category 1
Administrative Services Officer Category 2, 3
Broadband Services Engineer Category 2, 3
Community Broadband Manager Category 2
Customer Experience and Support Manager Category 2, 3
Enterprise Architect and Digital Development Manager Category 2 Information Security Officer Category 2, 3
Principal Business Process Technology Analyst Category 2, 3 Project Portfolio Manager Category 2, 3
Systems Analyst Category 3, 4
Software Systems Analyst Category 3, 4
Library
Director of Library Services/City Librarian Category 1
Assistant City Librarian Category 1
Library Services Officer Supervisor Category 1
Principal Librarian – Information Management Category 1 Principal Librarian – Public and Branch Services Category 1 Principal Librarian – Community Engagement &
Programming
Category 1
Principal Librarian – Reference Services Category 1
Police
Police Chief Category 1, 2, 6
Deputy Police Chief Category 1, 2, 6
Police Captain Category 1, 2, 6
Police Lieutenant Category 1, 2, 6
Senior Administrative Analyst Category 1, 2
Public Records Administrator Category 1, 2
Public Records Supervisor Category 2, 3
Public Services Administrator Category 2, 3
Public Services Administrator – Forensics Category 1, 2 Public Services Administrator – Jail Category 1, 2
Public Services Officer Supervisor Category 2, 3
Forensic Supervisor Category 1
Animal Control Supervisor Category 1

5.I.b
Packet Pg. 426 Attachment: 2023 COI EXHIBIT 1 [Revision 1] (5631 : Amending the City's Conflict of Interest Code Resolution) 5 Property/Evidence Supervisor Category 1
Traffic Services Supervisor Category 1
Pier and Harbor Services Supervisor Category 1
Crossing Guard Supervisor Category 2, 3
Custody Officer Supervisor Category 2, 3
Public Works
Director of Public Works Category 1
Assistant Director of Public Works/Chief Sustainability Officer
Category 1
Chief Operations Officer Category 1
Chief Operations Officer – Airport Category 1
Principal Administrative Analyst Category 2, 3
Senior Administrative Analyst Category 2, 3
CIP Project Manager Category 1, 2, 4
City Engineer Category 1, 2, 4
Civil Engineer Category 1, 2, 4
Civil Engineering Assistant Category 1, 3, 4
Engineering Support Services Supervisor Category 2, 3
Principal Civil Engineer Category 1, 2, 4
Senior Construction Manager Category 3, 4
Supervising Civil Engineer Category 1, 3, 4
Senior Public Works Inspector Category 3
Street Services Supervisor Category 2
Custodial Services Administrator Category 2
Custodial Supervisor Category 2
Facilities Services Administrator Category 2, 3
Facilities Supervisor Category 2
Fleet Maintenance Administrator Category 2, 3
Fleet Maintenance Supervisor Category 2
Resource Recovery and Recycling Manager Category 1, 5
Resource Recovery and Recycling Administrator Category 2, 5 Resource Recovery and Recycling Supervisor Category 2
Cemetery Administrator Category 2
Water Resources Manager Category 1
Water/Wastewater Administrator Category 2, 3
Wastewater Supervisor Category 3, 4
Water Production and Treatment Administrator Category 2, 3 Water Production/Treatment Plant Supervisor Category 3, 4 Water Supervisor – Construction Category 3, 4
Water Supervisor – Meters Category 3, 4
Public Landscape Administrator Category 2, 3
Public Landscape Manager Category 2, 3
Urban Forest Supervisor Category 2, 3
Beach Maintenance Supervisor Category 3, 4
Parks Maintenance Supervisor Category 3, 4

5.I.b
Packet Pg. 427 Attachment: 2023 COI EXHIBIT 1 [Revision 1] (5631 : Amending the City's Conflict of Interest Code Resolution) 6 Promenade Maintenance Supervisor Category 3, 4
Street Services Manager Category 1
Sustainability Administrator Category 2, 3
Capital Program Manager Category 1
Records and Election Services
Director of Records and Election Services (City Clerk) Category 1 Assistant Director of Records and Election Services Category 1 Deputy City Clerk Category 1
Support Services Supervisor Category 2
Rent Control
Rent Control Administrator Category 1
General Counsel Category 1
Senior Litigation Attorney Category 1
Staff Attorney II Category 1
Hearing Officer I/II Category 1
Hearings Manager Category 1
Senior Administrative Analyst – Rent Control Category 2 Public Information Manager Category 1
Budget Office Coordinator Category 2
City Council, Boards and Commissions
Airport Commission Members Category 6
Animal Shelter Foundation Category 6
Architectural Review Board Members Category 6
Arts Commission Members Category 6
Building and Fire Life Safety Commission Category 6
City Council Members *
Clean Beaches & Ocean Parcel Tax Citizens Oversight
Committee Members
Category 6
Commission on Sustainability, Environmental Justice
and the Environment Members
Category 6
Commission for Senior Community Members Category 6
Commission on the Status of Women Members Category 6
Disabilities Commission Members Category 6
Housing Commission Members Category 6
Landmarks Commission Members Category 6
Library Board Members Category 6
Personnel Board Members Category 6
Planning Commission Members *
Public Safety Reform and Oversight Commission
Members
Category 6
Recreation and Parks Commission Members Category 6
Rent Control Board Members Category 6
Santa Monica Audit Subcommittee Category 6

5.I.b
Packet Pg. 428 Attachment: 2023 COI EXHIBIT 1 [Revision 1] (5631 : Amending the City's Conflict of Interest Code Resolution) 7 Social Human Services Commission Members Category 6
“Acting Positions” Subject to the same
disclosure requirements
as the applicable
designated position in
which the person is
“acting.”
Consultants** Category 1
Non-Profit Public Benefit Corporations
Downtown Santa Monica, Inc. ***
Santa Monica Pier Corporation ***
* Disclosure obligations for these designated positions are set forth in Government Code Section 87200 et seq. These positions are designated in this Conflict of Interest Code solely for disqualification purposes.
** Consultants performing the duties of any designated position shall be required to file Statements of Economic Interest disclosing interests in the categories assigned to the designated position.

In addition, consultants who, under contract, participate in decisions which affect financial interests by providing information, advice recommendation or counsel to the City and possess decision making authority which could affect financial interests shall be required to file Statements of Economic Interest disclosing reportable interests as determined by the City Manager.
*** These corporations have their own conflict of interest codes and are not subject to the City’s conflict of interest code. Disclosure statements of designated positions in these corporations must be fid with the City Clerk of the City of Santa Monica.

5.I.b
Packet Pg. 429 Attachment: 2023 COI EXHIBIT 1 [Revision 1] (5631 : Amending the City's Conflict of Interest Code Resolution) 1 EXHIBIT 2
General Provisions
When a designated employee is required to disclose investments and sources of income, he/she need only disclose investments in business entities and sources of income which do business in the jurisdiction, plan to do business in the jurisdiction or have done business in the jurisdiction within the past two years. In addition to other activities, a business entity is doing business within the jurisdiction if it owns real property within the jurisdiction. When a designated employee is required to disclose interests in real property, he/she need only disclose real property which is located in whole or in part within or not more than two miles outside the boundaries of the jurisdiction or within two miles of any land owned or used by the local government agency.

Designated employees shall disclose their financial interests pursuant to the appropriate category as indicated in Exhibit 1.

Disclosure Categories
Category 1: Persons in this category shall disclose: Investments, business positions, and income from sources located in or doing business in the jurisdiction and interests in real property located in Santa Monica, including property located within a twomile radius of any property owned or used by the City of Santa Monica.

Category 2: Persons in this category shall disclose: Investments, business positions, and sources of income of the type which manufacture, sell or provide services, supplies, materials, books, machinery or equipment of the type utilized by the employee's department.

Category 3: Persons in this category shall disclose: Investments, business positions, and sources of income of the type which are subject to the regulatory, permit or licensing authority of the employee's department.

Category 4: Persons in this category shall disclose: Investments, business positions, and sources of income of the type which engage in land development, construction or the acquisition or sale of real property, and interests in real property located within Santa Monica, including property located within a two-mile radius of any property owned or used by the City of Santa Monica.

Category 5: Persons in this category shall disclose: Investments and business positions and sources of income of the type which manufacture, sell or provide supplies, materials, machinery, services or equipment utilized by the employee's department, interests in real property located within Santa Monica, including property located within a two-mile radius of any property that is or may be used as a disposal site, transfer station

5.I.c
Packet Pg. 430 Attachment: COI Exhibit 2 [Revision 1] (5631 : Amending the City's Conflict of Interest Code Resolution) 2 or resource recovery facility in which the designated official/employee provides planning or technical assistance or has enforcement branch responsibilities.

Category 6: Persons in this category shall disclose: All investments, business positions and sources of income which are subject to the regulatory, permit or licensing authority of the Board or Commission on which the member serves.

5.I.c
Packet Pg. 431 Attachment: COI Exhibit 2 [Revision 1] (5631 : Amending the City's Conflict of Interest Code Resolution) City Council
Report
City Council Meeting: March 14, 2023
Agenda Item: 5.J
1 of 3
To: Mayor and City Council
From: Lori Gentles, Chief People Officer, Human Resources Department Subject: Approval of Revised Contract Amount for Benefit Administration Software with PlanSource for Human Resources Department
Recommended Action
Staff recommends that the City Council:

1. Adopt a finding of no possibility of significant effect on the environment pursuant to Section 15061(b)(3) (Common Sense Exemption) of the California Environmental Quality Act (CEQA) Guidelines.

2. Authorize the Procurement Manager to increase the contract amount for the Human Resources Department with PlanSource for benefit administration software in an amount not to exceed $336,000, which covers an overage on the previous Council budget authorization and covers future services until the anticipated end of the contract on July 1, 2023.

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2 of 3
with PlanSource will be exceeded by $229,000 over the originally approved amount of $107,000 and are requesting a new not-to-exceed amount of $336,000.

Discussion
On November 24, 2020, City Council approved contract #11111 (CCS) with PlanSource for an amount not to exceed amount of $107,000 for a term of two years for Employee Benefit Administration Software. In 2021, staff completed a competitive request for proposal (RFP) process to identify a new long-term strategic partner to provide the City with a more robust, efficient, and integrated benefits administration system. On September 28, 2021, City Council approved contract #11190 (CCS) with a new vendor, Alight, to replace PlanSource, with a not to exceed amount of $846,375 over a five-year term. The City has not yet spent any of the $846,375 City Council authorized funds with Alight. However, the transition to the new vendor has been delayed due to staffing shortages and technical challenges and is anticipated to be completed by July 1, 2023.

Upon review of the City’s contract with PlanSource, staff identified the amount paid exceeded Council authorization caused by the delayed implementation and an under projection of the amount needed to cover the initial contract term. To ensure continuity of this vital service, staff seeks City Council authority to cover the overage on the previous Council budget authorization for PlanSource under contract #11111 (CCS) and to cover future services during this transition until the City provides advance notice to PlanSource to end the contract, with an anticipated end date of July 1, 2023.

Past Council Actions
Meeting Date Description
November 24, 2020
(attachment A)
Original bid and award of agreement with PlanSource for Benefit Administration Software
Environmental Review
The revised contract for benefit administration software would have no possibility of significant effect on the environment, and therefore, is exempt pursuant to Section

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3 of 3
15061(b)(3) (Common Sense Exemption) of the California Environmental Quality Act (CEQA) Guidelines.

Financial Impacts and Budget Actions
Staff seeks authority to approve an increase to the contract over the originally approved amount of $107,000 for PlanSource Benefits Administration, Inc. for benefit administration software. Staff will return to Council if specific budget actions are required in the future.

Contract
Request Amount FY 2022-23 Budget
Department/CIP Account #
Total Contract Amount
$229,000 01130004.529230 $336,000
Prepared By: Mark Brower, Deputy Director
Approved Forwarded to Council
Attachments:

A. 11/24/2020 PlanSource Staff Report
B. OAKS

5.J
Packet Pg. 434
City Council
Report
City Council Meeting: November 24, 2020
Agenda Item: 3.I
1 of 3
To: Mayor and City Council
From: Lori Gentles, Chief People Officer, Human Resources Department Subject: Award Request for Proposal and enter into Agreement with Plansource Benefit Administration, Inc. for Benefits Administration System Recommended Action
Staff recommends that the City Council:

1. Award RFP to PlanSource Benefits Administration, Inc., for a benefits administration system for the Human Resources Department;

2. Authorize the City Manager to negotiate and execute an agreement with PlanSource Benefits Administration, Inc., in an amount not to exceed $53,500, including a 10% contingency, for one-year with one additional one-year renewal option in the amount of $53,500, on the same terms and conditions for a total amount not to exceed $107,000 over a two-year period, with future funding contingent on Council budget approval.

Summary
To provide streamlined, automated, and easily accessible employee benefit-related transactions and to remain compliant with the reporting regulations of the Affordable Care Act (“ACA”), the City currently utilizes a benefits administration system from PlanSource Benefits Administration, Inc. (“PlanSource”). Pending the expiration of the original contract, staff requested that the City’s insurance broker, Alliant Insurance Services, Inc. (“Alliant”), solicit proposals for review. Alliant provides the City with benefits consulting services which include negotiating health and welfare insurance benefit plans, issuing requests for proposals for health insurance coverage & products, and providing detailed analysis of proposal responses. These services ensure costeffectiveness in a competitive health plan and product marketplace. A Request for Proposals (“RFP”) was conducted by Alliant. Based on PlanSource’s ability to provide the currently required scope of services with no operational impact to employees, staff recommends that these services continue to be provided by them at a cost not to exceed $53,500 (including a 10% contingency) over a one-year period, with one, one-year renewal option for $53,500 (including a 10% contingency). Future year funding will be contingent on Council budget approval.

5.J.a
Packet Pg. 435 Attachment: 11/24/2020 PlanSource Staff Report (5606 : Benefit Administration Software Contract Increase Approval) 2 of 3
Discussion
Currently, benefit-related transactions are managed through the PlanSource benefits administration software platform which also provides a mechanism to ensure accurate reporting compliant with the ACA. The PlanSource platform allows benefits staff to manage the ten different vendors the City contracts with to provide a comprehensive benefits program to eligible employees and their dependents. Additionally, the PlanSource platform enables staff to manage the high volume of employee benefit-related transactions and complexities associated with yearly ACA reporting. Since 2015, the City has utilized the services of PlanSource and their BenefitOne technology platform. As contract #10589 and all available modifications were expiring an RFP was conducted by Alliant in August 2020.

Vendor/Consultant Selection
As our insurance broker, Alliant prepared the bid specifications and conducted the procurement on the City’s behalf. The following companies responded to the RFP:

1. BCC

2. Benetrac

3. Empyrean

4. PlanSource
PlanSource’s technology platform provides staff the ability to manage benefits and eligibility on-line with intuitive cloud-based technology; automate the creation and distribution of Forms 1094-C and 1095-C as required by the ACA; generate, adjust, and reconcile carrier bills; customize reports and workflows; provide a portal for employees to enroll in and access their benefits from any computer or mobile device any time of day or night; and connect with third party systems to exchange and update employee benefits information with insurance carriers and the City’s payroll system. Based on cost and PlanSource’s ability to provide the full scope of services needed to maintain continuity in HR operations, staff recommends a contract to enable these services to continue to be provided by PlanSource.

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Packet Pg. 436 Attachment: 11/24/2020 PlanSource Staff Report (5606 : Benefit Administration Software Contract Increase Approval) 3 of 3
Financial Impacts and Budget Actions
Staff seeks authority to approve funding from the General Fund to award a contract with PlanSource Benefits Administration, Inc. to provide a cloud-based benefit administration platform. Future year funding contingent on Council budget approval.

Contract
Request Amount
FY 2020-21 Budget
Department/CIP Account #
Total Contract
Amount
01130004.529230 $107,000
Prepared By: Sasha Sargent, Executive Administrative Assistant Approved Forwarded to Council

5.J.a
Packet Pg. 437 Attachment: 11/24/2020 PlanSource Staff Report (5606 : Benefit Administration Software Contract Increase Approval) Please attach additional pages if more space is required.

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.

5.J.b
Packet Pg. 438 Attachment: OAKS (5606 : Benefit Administration Software Contract Increase Approval) Please attach additional pages if more space is required.

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:

5.J.b
Packet Pg. 439 Attachment: OAKS (5606 : Benefit Administration Software Contract Increase Approval) 1 February 22, 2023
(NOT APPROVED)

CITY OF SANTA MONICA

CITY COUNCIL MINUTES
FEBRUARY 22, 2023
A special meeting of the Santa Monica City Council was called to order by Mayor Davis at 6:07 p.m., on Tuesday, February 22, 2023, at City Council Chambers, 1685 Main Street, Santa Monica, CA.

Roll Call: Present: Mayor Gleam Davis
Mayor Pro Tem Lana Negrete
Councilmember Phil Brock
Councilmember Oscar de la Torre
Councilmember Christine Parra
Councilmember Caroline Torosis
Councilmember Jesse Zwick
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 6:07 p.m., with all members present. Mayor Pro Tem Negrete led the assemblage in the Pledge of Allegiance.

CONTINUED ITEMS: 8.A. Study Session on Implementation of 6th Cycle (2021-2029) Housing Element Programs, was presented.

Recommended Action
To ensure that the City of Santa Monica remains in compliance and consistent with its approved 6th Cycle Housing Element of the City’s General Plan, staff recommends that the City Council discuss and provide direction on the policy questions presented in this report regarding the Planning Commission’s recommended amendments to the following:
• Land Use and Circulation Element of the General Plan; • Bergamot Area Plan;
• Downtown Community Plan, and
• The City of Santa Monica Comprehensive Zoning Ordinance, Santa Monica Municipal Code Chapters 9.01 to 9.52,
City Council is also being asked to discuss and provide direction on the following:
• Amendments to the General Plan Land Use Designation Map and the Official Zoning Map for Consistent Designation of Parcels; • Amendments to the Zoning Ordinance for Consistency with State

5.K
Packet Pg. 440 Minutes Acceptance: Minutes of Feb 22, 2023 6:00 PM (CONSENT CALENDAR) 2 February 22, 2023
Law Updates related to Housing Production and Minimum Parking Requirements; and
• Minor Clarifying Amendments to the Zoning Ordinance.

Questions asked and answered of staff included: is it possible that HCD could de-certify our Housing Element if the city submits something that is not considered in compliance; does it take approximately 30 days to hear back from HCD; explain how requiring a 15% inclusionary across the city increases the amount of housing, and has that been tested; why are we lowering the amount of affordable housing; on 2.C. aren’t we still reducing the amount of affordable housing more; what is our citywide requirement for affordable housing for each income level in the RHNA; 1.J. and 4.A. why are Ocean Park and Pico excluded and are there upzoning for those zones; is empty ground floor retail being considered in specific areas or is this citywide; is there a percentage of empty ground floor vacancies that would justify making the change; did the Planning Commission recommend Main and Montana; explain the downside and upside of the Downtown tier system; how many projected projects become administerial projects with the elimination of the downtown tier system; was there a look at how it would impact residents if the 90,000 square feet with review before the Planning commission, instead of the 1 acre with administerial review; is the 1 acre requirement to suffice HCD to eliminate the public hearing process; was analysis done on the 5/5/5 on Pico and Ocean Park; what about the displacement of the units and those tenants; why does the state care about us moving more building towards administrative review instead of a full public process; do most of the downtown project qualify under the Tier 1 projects; if we required higher than 15% inclusionary housing, how likely would the city be able to justify a higher number; which yield would create more affordable housing in the city; are any of the overlay in the Pico Neighborhood from the IZO included; what has been the success rates on the city’s rights to return for tenants; has there been any studies done on the impact that moderate and medium rate housing has made on the Pico neighborhood; are we retreating from having higher heights in the downtown area; aside from commercial, what else can be considered non-residential; is there anyway to ensure these developments have more open space; collectively are planners doing the best jobs we can for the residents who live her now as well as the city in the future; is there any solution to increase the amount of affordable housing, and decrease the height of those projects; what impact can be perceived for small businesses due to upzoning; if we pose a 20% inclusionary number, we will probably get less housing; did we lose funding for a year because we were not in compliance with our housing element; if we fall out of compliance can we also be sued by an individual; regardless if we decide to go with the 1 acre or 90,000 square feet limitation we would not be affected by the Housing Accountability Act; is there any rationale as to why we would treat the downtown housing projects any different than housing projects around the

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Packet Pg. 441 Minutes Acceptance: Minutes of Feb 22, 2023 6:00 PM (CONSENT CALENDAR) 3 February 22, 2023
rest of town; if we didn’t upzone the neighborhood commercial zones, would that invoke AB 2011, which would allow commercial zones; where is lot consolidation allowed in the neighborhood commercial zones; Program 2.C. if a fee is paid, then raising the limit beyond 5 units would increase the amount of units being built; could the percentage change to a 100 unit requirement to qualify as the definition for a housing project; is the commercial on the ground floor for the entire ground floor, or just the frontage; would going above 15% inclusionary housing move more housing outside of downtown; for the SB9 implementation, why is there such a big difference between the staff and Planning Commission’s recommendation; does charging SB9 fees hinder housing production; where does the fees paid to Affordable Housing fund go and how much is it currently; if the goal is 47 additional ADU’s a year, how are we incentivizing homeowners to add units; are there currently no incentive for moderate income housing; where did the 33% number for moderate income housing come from; why is there a 10,000 sf lot required for the SB9/ADU consideration; is there a conflict of interest for any Councilmembers who may own property or are landlords when they vote on these matters; could the fees be split, take out the affordable housing fee, but keep the other fees; isn’t it naïve to think that people moving into the city won’t need parking; what kind of impact will the reduction of minimum parking requirements have on the residents; where does moderate income housing expand in the city; with all of the incentivizing to build ADU’s, how many ADUs are really being creating as new affordable housing; what are the tenant displacement protections; is there any assessment as to how moderate income housing would affect rents in the city; can housing be built in neighborhood zones without upzoning; does suspending the IZO for Neighborhood Commercial cause the city any risk to not be in compliance; and, what happens if we have a compliant Housing Element, and someone submits a project, that is not in compliance.

Considerable discussion ensued on topics including, but not limited to:
whether or not the administrative approval threshold for housing projects in the Downtown be changed from 90,000 square feet project size to a site size of 1 acre, consistent with the remainder of the city; expressed desire to support small businesses in the Neighborhood Commercial zones; would like to increase the inclusionary requirement to more than 15%, but not interested in killing any projects; concern that the calculations for moderate housing income numbers would still limit the amount of units built; there won’t be any moderate income units being built unless there are some incentives and tax credits, but worth saying yes to this initial step; some people will still have cars, and reducing parking minimums is not an incentive; reducing parking minimums only provides people options on whether or not they want to pay for parking; not giving developers any sort of incentive to build more single units by reducing the parking requirement; if you’re choosing to pick an apartment that has no parking, you shouldn’t

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be able to buy a parking permit; the market will determine the parking needs, so parking minimums are not required; maybe create a fund for parking to provide for families to access if they don’t have a car; maybe create night time parking in the empty parking lots at the parks for families; in the name of equity, and advancing our city to reduce cars, minimum parking requirements should be expanded throughout the city; concerned that without parking maximums some vehicle storage and dealerships could expand; would like to eliminate the affordable housing fee, but retain the Transportation fee, Rec & Park development impact fee and childcare linkage fee; Neighborhood Commercial zones need to be discussed; we need to send a letter to HCD to ask questions about the Housing Element with regards to the Neighborhood Commercial Zones; the displacement of businesses needs to be addressed in the request letter to HCD; there’s some things that can be done to protect small businesses, that doesn’t include reneging on our promise to HCD; zoning date should be the same as the Housing Element deadline; all for protecting small businesses in the city; The following Policy questions from staff received unanimous approval by consensus of Council:

Policy Question #1
For consistency with the remainder of the city, should the definition of a housing project in Downtown be amended to allow up to 33% nonresidential floor area consistent with the Housing Accountability Act? Policy Question #2
For consistency with the remainder of the city, should the definition of a “streamlined” housing project that is eligible for administrative approval in Downtown be amended to allow up to 25% non-residential floor area? Policy Question #4
For consistency with development standards established for housing projects outside of Downtown, should the tier system in Downtown be eliminated for housing projects?
Policy Question #5
In light of public comments from housing developers and the Planning Commission expressing concern regarding increased development/ construction costs and State law parameters (AB1505) related to inclusionary requirements that exceed 15%, should the affordable housing requirement for Downtown housing project be lowered from 20% to 15% consistent with the remainder of the city?
Policy Question #6
In addition to what is already required for Main Street and Montana Avenue, should ground floor commercial also be required in the Neighborhood Commercial zones on Pico Boulevard and Ocean Park Boulevard? Policy Question #7
The MHO Overlay was originally applied only to half-mile from the Expo Stations. Should the MHO Overlay be expanded citywide instead excluding R1 and OP1 zoning districts?

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Policy Question #8
Should MHO Projects allow some percentage of market rate units? Policy Question #11
Should SB9 projects be incentivized through development impact fee waivers to include the Affordable Housing Fee, Transportation Impact Fee, Parks & Recreation Development Impact Fee, and Childcare Linkage Fee? Councilmember Brock proposed amending to eliminate the affordable housing fee but retain the other impact fees. This question, with the change was unanimously approved by consensus of the Council.

Other questions agreed upon, but not by unanimous consensus of Council included:

Policy Question #3
Should the administrative approval threshold for housing projects in Downtown be changed from 90,000 square feet (sf) project size to a site size of 1 acre, consistent with the remainder of the city? Councilmembers Parra, Brock and de la Torre voted no on this question.

Councilmember de la Torre stated he voted no because he doesn’t see keeping the current process as a detriment to the downtown.

Councilmember Brock stated he voted no because looking at the Gelson’s project where residents had one meeting where they didn’t feel heard or understood and they didn’t feel that anyone gave a damn about their neighborhood.

Policy Question #9
Expanding on AB 2097 and for ease of implementation, should minimum parking requirements be eliminated for all housing projects, alterations/additions to multi-unit buildings, and ADUs citywide, except for R1 zones? Councilmembers Parra, Brock and de la Torre vote no on this question.

Councilmember Brock stated he voted no because he feels this is an equity and diversity issue for those who are lower income to be able to advance their status and jobs over time.

Councilmember de la Torre proposed pursuing a Housing Element amendment from HCD, according to approved procedures laid out by the state, for amendments to ensure a compliant Housing Element. The amendment should be limited to maintaining existing zoning standards in the city’s four Neighborhood Commercial (NC)zoning districts, but may include other adjustments directly related to Neighborhood commercial districts that support goals of the amendments. Staff shall work with the

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Planning Commission to refine the redlines for the amendments and develop appropriate arguments and documentation as HCD might need in order to ensure full consideration of the issues raised by the Planning Commission, that they get due consideration. The Planning staff shall return to City Council with amendment proposals within 60 days. The redlines relative to Neighborhood commercial districts, in order to maintain Housing Element compliance. To adopt an Interim Zoning Ordinance (IZO) to suspend the NC up zoning until October 15, 2023.

Councilmember Torosis, seconded by Councilmember Brock, proposed a substitute motion go approve the Staff recommendations as set forth in the already certified Housing Element, including the Neighborhood Commercial (NC) up zoning. The City will then be in full compliance with its Housing Element obligations plus direct staff to then pursue an amendment to the Housing Element and to send a letter to HCD asking if we don’t upzone the Neighborhood Commercial can we still remain in compliance.

Councilmember de la Torre, proposed a friendly amendment to send the letter for review to the Planning Commission subcommittee to get input before it comes back to Council. The motion was not considered friendly by seconder. The motion was unanimously approved by voice vote by all members present.

AGENDA

MANAGEMENT
The Mayor asked if the Council would like to continue the remainder of the Housing Element to the February 28th meeting to allow proposed additional amendments to the Housing Element. The vote was approved by the following vote:

AYES: Councilmembers de la Torre, Brock, Parra, Mayor Davis NOES: Councilmember Torosis, Mayor Pro Tem Negrete
ABSTAIN: Councilmember Zwick
ADJOURNMENT On order of the Mayor, the City Council meeting adjourned at 1:18 a.m.

ATTEST: APPROVED:

Denise Anderson-Warren Gleam Davis
City Clerk Mayor

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(NOT APPROVED)

CITY OF SANTA MONICA

CITY COUNCIL MINUTES
FEBRUARY 28, 2023
A regular meeting of the Santa Monica City Council was called to order by Mayor Davis at 5:33 p.m., on Tuesday, February 28, 2023, at City Council Chambers, 1685 Main Street, Santa Monica, CA.

Roll Call: Present: Mayor Gleam Davis
Mayor Pro Tem Lana Negrete
Councilmember Phil Brock
Councilmember Oscar de la Torre
Councilmember Christine Parra
Councilmember Caroline Torosis (arrived at 5:41 p.m.)
Councilmember Jesse Zwick (arrived at 5:35 p.m.)
Also Present: City Manager David White
City Attorney Douglas Sloan
Assistant City Clerk Nikima Newsome
CONVENE/PLEDGE On order of the Mayor, the City Council convened at 5:33 p.m., with all members present except Councilmembers Zwick and Torosis. Assistant City Attorney Cola led the assemblage in the Pledge of Allegiance.

GENERAL PUBLIC
INPUT:

Councilmember Zwick
arrived at 5:35 p.m.

Member of the public Jerry Rubin commented on various local issues.

PUBLIC INPUT FOR

CLOSED SESSION,

SPECIAL AGENDA

ITEMS AND CONSENT
CALENDAR ONLY:

Councilmember Torosis
arrived at 5:41 p.m.

Member of the public Matthew Millen commented on closed session items.

No members of the public commented on special agenda items.

Members of the public Denise Barton; Jerry Rubin; Johnathan Foster commented on consent calendar items.

AGENDA

MANAGEMENT
Motion by Councilmember Brock , seconded by Councilmember Torosis to hear the Proclamation for Kiwanis Day 2/28/23 and Item 5.E. Authorization to Accept a Donation from Kiwanis Charities of Santa Monica to Purchase and Install Scoreboards at Los Amigos Park and Historic Belmar Park before Closed Session and to hear continued item 8.A. Housing Element before item

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7.A. Solid Waste Rate Study. The motion was approved by a unanimous voice vote, with all members present.

PROCLAMATIONS/

COMMENDATIONS

4.B. Proclamation: Kiwanis Day 2/28/23, was presented.

PARK DONATIONS 5.E. Authorization to Accept a Donation from Kiwanis Charities of Santa Monica to Purchase and Install Scoreboards at Los Amigos Park and Historic Belmar Park, was approved.

Recommended Action
Staff recommends that the City Council:

1. Adopt a finding that the scoreboards are categorically exempt from the California Environmental Quality Act (CEQA) pursuant to Section 15311 (Class 11 Accessory Structures) of the CEQA Guidelines;

2. Authorize the City Manager to accept a donation in the amount of $70,000 from Kiwanis Charities of Santa Monica for the purchase and installation of one scoreboard at Los Amigos Park and one scoreboard at Historic Belmar Park; and

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

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

AYES: Councilmembers Zwick, Parra, Brock, Torosis, de la Torre Mayor Pro Tem Negrete, Mayor Davis
NOES: None
ABSENT: None
CLOSED SESSIONS On order of the Mayor, the City Council recessed at 6:01 p.m., to consider closed sessions and returned at 7:13 p.m., with all members present, to report the following:

3.A. Conference with Real Estate Negotiator pursuant to Government Code Section 54956.8: Property: 3200 Airport Avenue (~8,500 sf), Santa Monica, California; City Negotiators: Stelios Makrides, Chief Operations Officer/Airport Director; Owner of Record: City of Santa Monica; Persons to be negotiated with Clover Restaurants, Inc.; Under negotiation: Restaurant Lease Terms The City Attorney advised this matter was heard with no reportable action taken.

3.B. Conference with Legal Counsel – Existing Litigation –

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Litigation has been initiated formally pursuant to Government Code Section 54956.9(d)(1): City of Santa Monica et al. v. 1238 10th Street, LLC, et al., Case No. 21SMCV01585
The City Attorney advised this matter was heard with no reportable action taken.

3.C. Conference with Legal Counsel – Existing Litigation – Litigation has been initiated formally pursuant to Government Code Section 54956.9 (d)(1): NMS 1539, LLC et al. v. City of Santa Monica, et al., Central District of California Case No. 2:20-cv-11318- FLA(JPRx)
The City Attorney advised this matter was heard with no reportable action taken.

3.D. Conference with Legal Counsel – Anticipated Litigation – Regarding facts and circumstances that might result in litigation against the City pertaining to California Government Code section 65589.5(d): WS Communities v. City of Santa Monica
The City Attorney advised this matter was heard with no reportable action taken.

SPECIAL AGENDA
ITEMS:

4.A. City Manager's Report, was presented.

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

REPORT ON MEETING

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

CONSENT CALENDAR: There being a Consent Calendar for Council and the Redevelopment Successor Agency, the Mayor, with the consensus of the Councilmembers, convened to a joint meeting at 7:21 p.m., and the two Consent Calendars were heard concurrently, with all Agency/Councilmembers present.

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

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

At the request of Agency/Councilmember Parra, Item 5.F was removed

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from the Consent Calendar.

Motion by Vice Chair/Mayor Pro Tem Negrete, seconded by Agency/Councilmember Brock, to approve the Consent Calendar except for Items 5.B., 5.E., and.5.F., reading resolutions by title only and waiving further reading thereof. The motion was approved by the following vote:

AYES: Agency/Councilmembers, de la Torre, Torosis, Brock, Parra, Zwick, Vice Chair/Mayor Pro Tem Negrete, Chair/Mayor
Davis
NOES: None
ABSENT: None

CITY WIDE PLUMBING

SERVICES

5.A. Award Agreement Nos. 11362 (CCS) and 11363 (CCS) for City Wide Plumbing Contractor Services, was approved.

Recommended Action
Staff recommends that the City Council:

1. Award Bid #4433 to Plumbing by Todd R. Marsh, Inc. dba TRM Services and Verne’s Plumbing, for citywide as-needed plumbing contracting services as required by the Public Works Department.

2. Authorize the City Manager to negotiate and execute an agreement with TRM Services, in an amount not to exceed $900,000 for two years, with one additional three-year renewal option in the amount of $1,350,000 for a total amount not to exceed $2,250,000 over a 5- year period with future year funding contingent on Council budget approval.

3. Authorize the City Manager to negotiate and execute an agreement with Verne’s Plumbing, in an amount not to exceed $500,000 for two years, with one additional three-year renewal option in the amount of $750,000 for a total amount not to exceed $1,250,000 over a 5-year period with future year funding contingent on Council budget approval.

4. Adopt a finding of Categorical Exemption pursuant to Section 15301 (Existing Facilities), of the California Environmental Quality Act (CEQA) Guidelines.
3200 AIRPORT AVENUE 5.C. Award Bid SP2486 to Swinerton Builders for the 3200 Airport Ave Renovation Project, was approved.

Recommended Action
Staff recommends that the City Council:

1. Award Bid #SP2486 to Swinerton Builders for the construction of the 3200 Airport Avenue building renovation for the Public Works Department;

2. Authorize the City Manager to negotiate and execute Contract

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No. 11365 (CCS) with Swinerton Builders, in an amount not to exceed $9,084,792 (including a $1,184,973 contingency);

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

4. Award Bid #SP2486 to Totum Corporation for construction management services for the Public Works Department;

5. Authorize the City Manager to negotiate and execute Agreement No. 11366 (CCS) with Totum Corporation, in an amount not to exceed $653,793.

6. Adopt a finding of Categorical Exemption pursuant to Sections 15301 (Existing Facilities) and 15302
(Replacement/Reconstruction), of the California Environmental Quality Act (CEQA) Guidelines.

TRANSPORTATION

SOFTWARE

5.D. Authorization of 6th Modification to Contract #8928 with Trapeze, Inc. for Vehicle and Operator Scheduling Systems, was approved.

Recommended Action
Staff recommends that the City Council:

1. Adopt a finding of no possibility of significant effect pursuant to Section 15061(b)(3) (Common Sense Exemption) of the California Environmental Quality Act (CEQA) Guidelines.

2. Authorize the City Manager to negotiate and execute a sixth modification to #8928 (CCS) for $527,781 with Trapeze Group to extend maintenance support of the Trapeze operator and vehicle scheduling systems for two additional years through June 30, 2025, to configure the operator scheduling module to accommodate a shortened workweek in an effort to improve operator work-life balance for staff retention purposes, to add up to two additional absence codes to the OPS Timekeeping module, and to train staff on the use of the Timekeeping module. This will result in a 13-year amended agreement with a new total amount not to exceed $3,666,991 with future year funding contingent on Council budget approval.

HOUSING GRANTS 5.F. Adoption of Resolution No. 11498 (CCS) entitled “A

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA

MONICA AUTHORIZING THE CITY MANAGER TO SUBMIT AN

APPLICATION FOR AND PARTICIPATION IN THE CALIFORNIA

DEPARTMENT OF HOUSING AND COMMUNITY DEVELOPMENT
PROHOUSING DESIGNATION PROGRAM” and Resolution No. 11499 (CCS) entitled “A RESOLUTION OF THE CITY COUNCIL OF THE

CITY OF SANTA MONICA AUTHORIZING THE CITY MANAGER

TO SUBMIT AN APPLICATION FOR AND ACCEPT RECEIPT OF

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PROHOUSING INCENTIVE PILOT PROGRAM FUNDS”, was
approved.

Recommended Action
Staff recommends that the City Council:

1. Adopt a finding of no possibility of significant effect pursuant to Section 15061(b)(3) (Common Sense Exemption) of the California Environmental Quality Act (CEQA) Guidelines and find that uses of grant funding for affordable housing are consistent with the certified 6th Cycle Housing Element Environmental Impact Report.

2. Adopt the attached resolution authorizing the City Manager to submit an application to participate in the California Department of Housing and Community Development’s Prohousing Designation Program;

3. Adopt the attached resolution authorizing the City manager to submit an application for grant funds in the amount of $500,000 from the California Department of Housing and Community Development’s Prohousing Incentive Program (PIP) for planning and implementation activities related to housing and community development, to support implementation of the certified Housing Element;

4. Authorize the City Manager to execute all necessary documents to apply for the grant, accept the grant, if awarded, and accept all grant renewals and modifications, if awarded; and

5. Authorize budget changes as outlined in the Financial Impacts and Budget Actions section of this report, in the event the grant is awarded.

JOB CLASSIFICATIONS 5.G. Adoption of Salary Resolution No. 11500 (CCS) entitled “A

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA

MONICA ESTABLISHING A NEW CLASSIFICATION FOR

EXECUTIVE ADMINISTRATIVE ASSISTANT-CAO AND ADOPTING
SALARY RATE FOR SUCH CLASSIFICATION”, was approved.

Recommended Action
Staff recommends that the City Council:

1. Adopt a finding of no project and/or categorical exemption pursuant to Section 15324 (Class 24 Regulations of Working Conditions) of the California Environmental Quality Act (CEQA) Guidelines; and

2. Adopt a resolution establishing a new classification and salary rate for the new classification of Executive Administrative AssistantCAO (Attachment A); and

3. Approve the cost neutral budget and position changes described in the Financial Impacts and Budget Action section of this report.

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MINUTES 5.H. Minutes of City Council - Regular Meeting - February 14, 2023, were approved.

JOINT MEETING WITH

THE REDEVELOPMENT

SUCCESSOR AGENCY

ANNUAL INVESTMENT
POLICY

5.I. Annual Investment Policy Update, was approved.

Recommended Action
Staff recommends that the City Council:

1. Adopt a finding of no possibility of significant effect pursuant to Section 15061(b)(3) (Common Sense Exemption) of the California Environmental Quality Act (CEQA) Guidelines.

2. Review and approve the City’s revised Investment Policy.

3. Extend the delegation of investment authority to the Director of Finance, as City Treasurer, from March 1, 2023 through February 28, 2024.

Staff also recommends that the Successor Agency Governing Board:

1. Adopt a finding of no possibility of significant effect pursuant to Section 15061(b)(3) (Common Sense Exception) of the California Environmental Quality Act (CEQA) Guidelines.

2. Review and approve the City Investment Policy for Successor Agency Investments.

3. Extend investment authority to the Treasurer of the Successor Agency, from March 1, 2023 through February 28, 2024.

MINUTES 5.J. Minutes for the December 13, 2022 Redevelopment Successor Agency meeting, were approved.

Recommended Action
Staff recommends that the Redevelopment Successor Agency approve the minutes of the December 13, 2022 meeting.

TRANSIENT

OCCUPANCY TAX

ADVISORY COMMITTEE

5.K. Adoption of Resolution No. 11501 (CCS) entitled “A

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA

MONICA ESTABLISHING A TRANSIENT OCCUPANCY
TAX ADVISORY COMMITTEE”, was approved.

Recommended Action
Staff recommends that the City Council:

1. Adopt a finding of no possibility of significant effect pursuant to Section 15061(b)(3) (Common Sense Exemption) of the California Environmental Quality Act (CEQA) Guidelines;

2. Adopt the attached resolution establishing an advisory committee to make recommendations regarding the expenditure of additional funds raised by increasing the City’s transient occupancy tax rate by 1% for hotel stays and 3% for home-share stays pursuant to Measure CS.

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VEHICLE PURCHASE 5.B. Approval of Agreement No. 11364 (CCS) with Gillig LLC to Purchase Fifteen 35-foot Battery Electric Buses, was approved.

Recommended Action
Staff recommends that the City Council:

1. Authorize the City Manager to negotiate and execute an agreement with Gillig LLC to furnish and deliver up to fifteen 35-foot battery electric buses to the Santa Monica Department of Transportation.

This recommended award is made as an exception to the
competitive bidding process pursuant to Section 2.24.250(c) and is for a total amount not to exceed $18,147,670 with future year funding contingent on Council budget approval;

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

3. Adopt a finding of Categorical Exemption pursuant to Section 15302 (Replacement or Reconstruction) of the California Environmental Quality Act (CEQA) Guidelines.

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

AYES: Councilmembers de la Torre, Torosis, Brock, Parra, Zwick Mayor Pro Tem Negrete, Mayor Davis
NOES: None
ABSENT: None
HOUSING GRANTS 5.F. Adoption of Resolution No. 11498 (CCS) entitled “A

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA

MONICA AUTHORIZING THE CITY MANAGER TO SUBMIT AN

APPLICATION FOR AND PARTICIPATION IN THE CALIFORNIA

DEPARTMENT OF HOUSING AND COMMUNITY DEVELOPMENT
PROHOUSING DESIGNATION PROGRAM” and Resolution No. 11499 (CCS) entitled “A RESOLUTION OF THE CITY COUNCIL OF THE

CITY OF SANTA MONICA AUTHORIZING THE CITY MANAGER

TO SUBMIT AN APPLICATION FOR AND ACCEPT RECEIPT OF
PROHOUSING INCENTIVE PILOT PROGRAM FUNDS”, was
approved.

Recommended Action
Staff recommends that the City Council:

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4. Authorize the City Manager to execute all necessary documents to apply for the grant, accept the grant, if awarded, and accept all grant renewals and modifications, if awarded; and

5. Authorize budget changes as outlined in the Financial Impacts and Budget Actions section of this report, in the event the grant is awarded.

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

AYES: Councilmembers de la Torre, Torosis, Brock, Parra, Zwick Mayor Pro Tem Negrete, Mayor Davis
NOES: None
ABSENT: None
STUDY SESSION:

SOLID WASTE

7.A. Solid Waste Rate Study, was presented.

Recommended Action
Staff recommends that the City Council:

1. Receive staff analysis of the Resource Recovery and Recycling solid waste rate study.

2. Review rate adjustment options and provide direction.

3. Consider the creation of a solid waste rate discount program and provide direction.

Questions asked and answered of staff including where does bulky pickup begin and end; what areas does the alley sweeping cover; what is considered a bulky item; what is the breakdown of the 33% revenue that funds labor; can property owners pass through the charges to their tenants; do single family and multi-family homes have an option in size and number of containers as well as collection frequency; how are the garbage cans on the private right-of-ways serviced; and how does the 15.12 FTE number compare to pre-COVID FTE numbers.

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Considerable discussion ensued on topics including but not limited to illegal dumping; rules related to pass through fees from property owners to tenants; the discount program; the option of providing a fee waiver vs. discount; and ensurance that the Rent Control Board has been engaged in this matter.

Motion by Mayor Pro Tem Negrete, seconded by Councilmember de la Torre to approve the staff recommendation and to direct staff to proceed with rate adjustment option 1 and to create an ad hoc committee of the City Council consisting of Councilmembers de la Torre, Parra, and Mayor Pro Tem Negrete to work on the community cleanup aspect as discussed by staff. The motion was unanimously approved by voice vote with all members present.

CONTINUED ITEMS:

HOUSING ELEMENT

8.A. Study Session on Implementation of 6th Cycle (2021-2029) Housing Element Programs, was presented.

Questions asked and answered of staff including what is the point of moving projects from the discretionary to the administrative process; will this process be faster and more certain for applicants; what is the development timeline; does the timeline need to be part of the rezoning process; how often does staff get projects of over 150 units; what is the average size project; what is the longest approval process timeframe we have had on a project of 60 units; what is the average approval timeframe; how does this approval process affect other smaller projects and how is a

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balance struck; is there an internal monitoring mechanism for the project approval process; have any builders weighed in on the new idea to incorporate ARB approval into the initial entitlement approval process; why are residentially zoned surface parking lots being considered as a special incentive to encourage housing projects; are these parking lots what was formerly referred to as “A” lots; how does it get discerned as to what is considered a residential surface lot vs. what is a commercial surface lot; is there any legal limitation for a resident to receive a preferential parking permit for a housing project in an area with no available parking; would it be legal under California state law for one jurisdiction to transfer it’s state mandated housing production obligation to another jurisdiction in exchange for any financial consideration or otherwise; did City of Santa Monica staff initiate any discussions with the City of Palmdale staff or elected officials about this concept; how did the issue with the City of Palmdale come to our attention and why was it reported on by the media; was any commitment made regarding transferring the City of Santa Monica’s housing obligation to the City of Palmdale; have any Councilmembers asked any staff to engage in conversation regarding this topic with the City of Palmdale; would it be illegal for the City Manager to engage with another City Manager without direction from Council; and would it be illegal for any Councilmember to engage or meet with a member of the state legislature on a particular issue.

Considerable discussion ensued on topics including, but not limited to whether changing the process would truly expedite the process for approval; adopting a timeline deadline for projects that require administrative approval; based on extent of the project including tracking time of planned deadline vs. actual deadline; monitoring of project approval process; legalities around discussions pertaining to engagement with the City of Palmdale regarding housing numbers.

Motion by Councilmember Zwick, seconded by Mayor Davis, to direct staff to draft a proposed timeline for projects that qualify under the administrative approval process.

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

Motion by Mayor Davis, seconded by Councilmember Zwick, to direct staff to bring back, when they return with the zoning code, that for commercial surface parking lots behind commercial businesses that staff bring back proposed alternate zoning to the level of the housing projects abutting the commercial property.

The motion failed by a voice vote of 3 to 4 with Councilmembers Torosis, Zwick, and Mayor Davis voting in the affirmative and Councilmembers

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Brock, de la Torre, Parra, and Mayor Pro Tem Negrete voting against the motion.

ORDINANCES:

OUTDOORS PARKLET

PROGRAM

10.A. Second Reading and Adoption of Ordinance No. 2737 (CCS) entitled “AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA AMENDING CHAPTER 6.42 OF THE SANTA

MONICA MUNICIPAL CODE THAT ESTABLISHED THE
OUTDOORS PARKLET PROGRAM”, was presented.

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

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

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

THIRD STREET

PROMENADE

RESTAURANTS

10.B. Introduction and First Reading of an Interim Zoning Ordinance Eliminating Prohibition of Certain Restaurants in Establishments with Frontage on the Third Street Promenade, was presented.

Recommended Action
Staff recommends that the City Council:

1. Adopt a finding of no possibility of significant effect pursuant to Section 15061(b)(3) (Common Sense Exemption) of the California Environmental Quality Act (CEQA) Guidelines; and

2. Introduce for first reading an Interim Zoning Ordinance eliminating the prohibition of certain restaurants with frontage on the Third Street Promenade.

Questions asked and answered of staff included having the ability to revisit the effects of this policy at a later time; what establishments would be affected by this; if this is to monitor, what should be monitored; is there a plan for staff to do any outreach to the types of food establishments that would be affected by this ordinance; and what problem is the City trying to solve with this ordinance.

Considerable discussion ensued on topics including, but not limited to the the need for revitalization in the Promenade; the timeframe it will take to implement this ordinance; concerns with the footprint of the available spaces and their conduciveness to a fast food establishment; the concern of

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Packet Pg. 457 Minutes Acceptance: Minutes of Feb 28, 2023 5:30 PM (CONSENT CALENDAR) 13 February 28, 2023
businesses currently on the Promenade that could leave and would not be able to come back if desired i.e. Starbucks; access for lower income families to purchase more affordable food options in the downtown; franchises providing the ability to start a business with less money; fast food only being prohibited in the Promenade and nowhere else in the City; the risk of attracting homeless people to the Promenande and loitering in certain locations; corporate owned outlets; how this will affect the health of the young members of the community; watering down the uniqueness of the Promenade; and rental rates on the Promenade.

Motion by Mayor Davis seconded by Mayor Pro Tem Negrete, 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, Torosis, Brock, Parra, Zwick Mayor Pro Tem Negrete, Mayor Davis
NOES: None
ABSENT: None
AGENDA

MANAGEMENT
Mayor Pro Tem Negrete, seconded by Councilmember Torosis, to continue past 11:00 p.m. and hear all items remaining on the agenda. The motion was unanimously approved by voice vote, with all members present.

COUNCILMEMBER
DISCUSSION ITEMS:

COMMISSION ON

SUSTAINABILITY,

ENVIRONMENTAL

JUSTICE AND THE

ENVIRONMENT

16.A. Recommendation to accept Garen Baghdasarian's resignation from the Commission on Sustainability, Environmental Justice and the Environment and authorize the City Clerk to publish the vacancy, was presented.

Motion by Mayor Davis, seconded by Councilmember Torosis, to accept the resignation with regret.

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

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Packet Pg. 458 Minutes Acceptance: Minutes of Feb 28, 2023 5:30 PM (CONSENT CALENDAR) 14 February 28, 2023

COMMEMORATION OF

NICK GABALDON

16.B. Request of Councilmember de la Torre, Mayor Pro Tem Negrete, and Councilmember Para that in the spirit of acknowledging Nick Gabaldon’s mixed heritage and to build intercultural solidarity, upon completion of Reframe: City Hall Murals, initiate a public art and community engagement Reframe project to commemorate the Historic Bay Street Beach site and its rich history of Black surfers, including Nick Gabaldon. In commemorating Nick Gabaldon, consideration will be given to creating a statue of Nick Gabaldon with his surfboard looking out towards Malibu where he passed while surfing. The process will include engaging an artist to commemorate the Historic Bay Street Beach site’s history and people while creating a powerful acknowledgement of people of color who were pioneers in the sport of surfing.

Motion by Councilmember de la Torre, seconded by Mayor Davis, was approved by a unanimous voice vote, with all members present.

SUPPORT FOR IRAN 16.C. Request of Mayor Davis and Councilmember Zwick that the City Council adopt the attached Resolution No. 11502 (CCS) titled, “A Resolution of the City of Santa Monica, declaring support for the Iranian American community and the people of Iran, particularly the women of Iran, and a call to action for technology companies to support internet freedom, was presented.

Motion by Councilmember Brock, seconded by Mayor Pro Tem Negrete, to adopt the resolution with an amendment to include Support of the Mahsa Amini Human Rights and Security Accountability Act (HR 9203) and that the resolution be forwarded to the office of Congressman Ted Lieu. The motion was approved by a unanimous voice vote, with all members present.

ADJOURNMENT On order of the Mayor, the City Council meeting adjourned at 11:49 p.m. in memory of Michael J.B. Allen, father of Senator Ben Allen.

ATTEST: APPROVED:

Nikima S. Newsome Gleam Davis
Assistant City Clerk Mayor

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Packet Pg. 459 Minutes Acceptance: Minutes of Feb 28, 2023 5:30 PM (CONSENT CALENDAR) City Council
Report
City Council Meeting: March 14, 2023
Agenda Item: 10.A
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 Interim Zoning Ordinance Eliminating Prohibition of Certain Restaurants in Establishments with Frontage on the Third Street Promenade
Recommended Action
Staff recommends that the City Council adopt the attached Ordinance.

Executive Summary
At its meeting on February 28, 2023, the City Council introduced for first reading an Interim Zoning Ordinance eliminating prohibition of certain restaurants in establishments with frontage on the Third Street Promenade. The ordinance is now presented to the City Council for adoption.

Prepared By: Bradley Michaud, Principal Legal Analyst
Approved Forwarded to Council
Attachments:

A. CDD-ord-IZO Fast Food on Promenade 2d

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1 City Council Meeting: March 14, 2023 Santa Monica, California ORDINANCE NUMBER _____ (CCS)
(City Council Series)

AN INTERIM ZONING ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA AMENDING SANTA MONICA MUNICIPAL CODE SECTION 9.10.040

ELIMINATING THE PROHIBITION ON FAST FOOD RESTAURANTS IN

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

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Packet Pg. 461 Attachment: CDD-ord-IZO Fast Food on Promenade 2d (5655 : Third Street IZO - Second Reading) 2 WHEREAS, fast food chains are formula establishments with numerous locations and standardized features, such as façade, décor, color scheme and signage, dependent on brand recognition created through repetition of the same characteristics for each store in multiple locations; and
WHEREAS, the DCP permits fast food chains on the Third Street Promenade; and WHEREAS, on November 27, 2018, the City Council adopted Urgency Interim Zoning Ordinance Number 2594 (CCS) (“Interim Zoning Ordinance 2594”), which created new use classifications for Restaurant, Fast Food and Restaurant, Limited-Service and Take-Out for the BC (Promenade) District and prohibited Restaurant, Fast Food with more than 100 locations nationwide in establishments with frontage on the Promenade; and
WHEREAS, Interim Zoning Ordinance 2594 was designed to preserve the authentic character of the Third Street Promenade and provide visitors with a distinctive experience not found in most downtown shopping districts while the City evaluated current zoning regulations for opportunities to retain the Promenade’s authenticity, encourage local uses, and promote unique visitor experiences through the “Promenade

3.0” planning process; and
WHEREAS, on January 8, 2019, in accordance with Santa Monica Municipal Code Section 9.46.090(D) and Government Code Section 65858(b), the City Council adopted Urgency Interim Zoning Ordinance 2600 (CCS) (“Interim Zoning Ordinance 2600”) extending Interim Zoning Ordinance 2594 for 10 months and 15 days to November 26, 2019; and

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Packet Pg. 462 Attachment: CDD-ord-IZO Fast Food on Promenade 2d (5655 : Third Street IZO - Second Reading) 3 WHEREAS, on November 12, 2019, in accordance with Santa Monica Municipal Code Section 9.46.090(D) and Government Code Section 65858(b), the City Council adopted Urgency Interim Zoning Ordinance 2625 (CCS) (“Interim Zoning Ordinance 2625”) extending Interim Zoning Ordinances 2594 and 2600 for 12 months to November 26, 2020; and
WHEREAS, on March 13, 2020, the City Manager, in his role as the Director of Emergency Services, (“Director of Emergency Services”) proclaimed the existence of a local emergency pursuant to Chapter 2.16 of the Santa Monica Municipal Code to ensure the availability of mutual aid and an effective the City’s response to the novel coronavirus (“COVID-19”) and this local emergency was restated on March 14, 2020, through a revised declaration of local emergency to ensure compliance with all digital signature requirements (the “Executive Order”); and
WHEREAS, on March 16, 2020 the Director of Emergency Services issued a Third Supplement to the Executive Order, requiring the closure of a wide range of businesses including bars, nightclubs, on-premises restaurant service, movie theatres, live performance venues, gyms, fitness centers, spas, hair salons, massage parlors, and nail salons; and
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

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Packet Pg. 463 Attachment: CDD-ord-IZO Fast Food on Promenade 2d (5655 : Third Street IZO - Second Reading) 4 WHEREAS, on March 19, 2020, the Los Angeles County Department of Public Health issued an enhanced Health Officer Order, the Safer at Home Order for Control of COVID-19, amending and superseding its earlier March 16, 2020, Order, closing all nonessential businesses, and limiting gatherings to 9 people or less; and WHEREAS, since March 19, 2020, the Los Angeles County Department of Public Health has on multiple occasions amended and modified its Health Officer Order, recognizing the issues posed by existing community transmission of COVID-19 in Los Angeles County, and in response maintaining public health measures that have, at differing times, included strict limitations on public gatherings, required closures of certain businesses, and strict limitations and protocols for the operations of businesses permitted to remain open; and
WHEREAS, the economic impacts of the COVID-19 closures of and limitations on businesses have been devastating to the local Santa Monica economy; and WHEREAS, the hardest hit sectors in Santa Monica include retail and arts/entertainment/leisure, initially representing the temporary closure of over approximately 1,300 businesses employing approximately 11,000 people; and WHEREAS, 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

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Packet Pg. 464 Attachment: CDD-ord-IZO Fast Food on Promenade 2d (5655 : Third Street IZO - Second Reading) 5 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, 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, on January 26, 2021, the City Council adopted Ordinance Number 2661 (CCS) amending the text of the Zoning Ordinance to prohibit certain fast food chains with more than 150 locations nationwide in establishments with frontage along the Third Street Promenade while Promenade planning efforts and economic recovery continued; and
WHEREAS, the City has continued to engage in an economic recovery strategy that involves a multi-pronged approach focusing on five areas: business retention and reopening; business process and permitting; publicity and marketing, community economic development, re-employment, and local hiring; and federal and state resources; and

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Packet Pg. 465 Attachment: CDD-ord-IZO Fast Food on Promenade 2d (5655 : Third Street IZO - Second Reading) 6 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, 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 27%; 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, vacancy rates, in addition to economic impacts that threaten the health, safety and economic welfare of its citizens and business, may lead to public safety impacts, including, but not limited to, increased calls for emergency services; and WHEREAS, as restaurant environments across the region and country continue to evolve, there is a need to adjust allowed uses and dining options to enable economic recovery and provide increased flexibility to minimize vacancies on the Third Street Promenade; and
WHEREAS, recent inquiries have been made to potentially enable additional dining options on the Promenade; and
WHEREAS, due to the continued economic uncertainty arising out of the COVID19 pandemic, the high vacancy rate along the Promenade, the City Council desires to

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Packet Pg. 466 Attachment: CDD-ord-IZO Fast Food on Promenade 2d (5655 : Third Street IZO - Second Reading) 7 eliminate the prohibition on fast food chains with more than 150 locations nationwide in establishments with frontage on the Promenade to increase flexibility of use and opportunities for economic recovery; and
WHEREAS, the City Council finds and declares that a current and immediate threat to the public health, safety, and general welfare exists due to the devastating impact the COVID-19-mandated closures and limitations have had on the local economy, including, but not limited to, the high vacancy rate on the Third Street Promenade, and the approval of additional subdivisions, use permits, variances, building permits or any other applicable entitlement for use which is required in order to comply with the prohibition on fast food chains with more than 150 locations nationwide in establishments with frontage on the Third Street Promenade would result in a threat to public health, safety, and welfare.

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

SECTION 1. Interim Zoning Regulations. Notwithstanding anything to the contrary in Santa Monica Municipal Code Section 9.11.040, Specific Limitation 22 shall not apply.

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

SECTION 3. If any section, subsection, sentence, clause, or phrase of this Ordinance is for any reason held to be invalid or unconstitutional by a decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining

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Packet Pg. 467 Attachment: CDD-ord-IZO Fast Food on Promenade 2d (5655 : Third Street IZO - Second Reading) 8 portions of this Ordinance. The City Council hereby declares that it would have passed this Ordinance and each and every section, subsection, sentence, clause, or phrase not declared invalid or unconstitutional without regard to whether any portion of the ordinance would be subsequently declared invalid or unconstitutional.

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

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

APPROVED AS TO FORM:
_________________________
Douglas Sloan, City Attorney

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Report
City Council Meeting: March 14, 2023
Agenda Item: 10.B
1 of 9
To: Mayor and City Council
From: David Martin, Director, Administration
Subject: Introduction and adoption of an Emergency Interim Zoning Ordinance to Confirm the Applicability of Certain Zoning and Health and Safety Regulations to Wireless Facilities Subject to Santa Monica Municipal Code Chapter 9.32, Personal Wireless Service Facilities
Recommended Action
Staff recommends that the City Council:

1. Adopt a finding of Categorical Exemption pursuant to Section 15303 (New Construction or Conversion of Small Structures) of the California Environmental Quality Act (CEQA) Guidelines.

2. Introduce and adopt an emergency Interim Zoning Ordinance to confirm the applicability of certain zoning and health and safety regulations to wireless facilities subject to Santa Monica Municipal Code Chapter 9.32, Personal Wireless Service Facilities.

Summary
The City’s existing land use regulations contain an unintended conflict with federal law applicable to a special category of antennas. Federal law limits or preempts local regulations applicable to certain wireless facilities, including, but not limited to, personal wireless service facilities and “over-the-air reception devices” (“OTARDs”). Personal wireless service facilities are facilities for the provision of personal wireless services and are generally infrastructure deployed by cellular network providers. Although commonly associated with satellite television services, OTARDs also include antennas that provide fixed wireless broadband Internet.

In 2018, the City amended the Zoning Ordinance, specifically Chapter 9.32, Personal Wireless Service Facilities, with the express intent of limiting regulation of personal

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wireless service facilities to the provisions of Chapter 9.32 and exempting OTARDs from the zoning process for consistency with Federal law. However, the Zoning Ordinance’s regulations for “communications facilities”, which existed prior to the 2018 amendments, could be misconstrued to regulate personal wireless service facilities and OTARDs in violation of federal law. In addition, staff is aware of at least one instance where building permits were not obtained prior to installation of an OTARD, which required code enforcement action to remedy. To avoid ambiguity in the City’s code and to mitigate the current and immediate threat to public health, safety, and welfare caused by unpermitted installations, the proposed Emergency Interim Zoning Ordinance confirms the City’s intention to limit zoning regulation of personal wireless service facilities and exempt OTARDs from zoning regulations in accordance with Federal law while expressly requiring compliance with applicable public health and safety regulations.

Accordingly, this Emergency Interim Zoning Ordinance would be declarative of existing law, affirm the policies adopted by the City Council in the Zoning Ordinance, and provide clear guidance on the applicable permitting requirements and procedures for personal wireless service facilities and OTARDs to all stakeholders. The City’s regulation of personal wireless service facilities and OTARDs will not change as a result of the IZO.

Background
Fixed Wireless, Hub and Relay Antennas
Consumers at fixed locations access broadband Internet services through two basic types of connections: wireline or wireless. Wireline broadband involves a wired connection from the Internet service provider (“ISP”) directly to the customer premises.

Wireless broadband involves an antenna on the customer premises that sends/receives to other antennas that connect to the wired Internet network further down the line.

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Some wireless ISPs (“WISPs”) rely on “hub and relay” network architecture that involves antennas at a fixed location that receive Internet traffic and distribute it to multiple customer locations. Commonly located on rooftops in commercial and/or densely populated environments, these hub-and-relay systems allow WISPs to place more transmitters and receivers within smaller coverage areas to increase capacity on the network by recycling frequencies more frequently. To encourage competition in the broadband marketplace, the Federal Communications Commission (“FCC”) recently adopted rules that exempt qualifying fixed wireless hub and relay antennas from local regulation.

Federal Regulations Applicable to OTARDs
The FCC “prohibits laws, regulations, or restrictions imposed by State or local governments or private entities that impair the ability of antenna users to install, maintain, or use [OTARDs].”1 OTARDs include fixed wireless antennas (including hub and relay antennas) that receive or transmit fixed wireless signals.2 Fixed wireless 1 In re Updating the Commission’s Rule for Over-the-Air-Reception Devices, Report and Order, WT Docket No. 19-71, 36 FCC Rcd 537, 537-36 at ¶ 2 (Jan. 7, 2021) [hereinafter “2021 OTARD Order”]. 2 47 C.F.R. § 1.4000(a)(1)(ii)(A).

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signals are “any commercial non-broadcast communications signals transmitted via wireless technology to and/or from a fixed customer location.”3 To qualify as an OTARD, a fixed wireless antenna must be: (1) less that one meter in diameter or diagonal measurement; (2) installed “on property within the exclusive use or control of the antenna user where the user has a direct or an indirect ownership or leasehold interest”; (3) used to serve the customer on whose premises the antenna is located; and (4) used to provide broadband-only services.4 State and local restrictions on OTARD deployments are prohibited if they: (1) unreasonably delay or prevent OTARD use; (2) unreasonably increase OTARD cost; or (3) preclude a person from receiving or transmitting an acceptable quality signal.5 According to the FCC’s rules, traditional zoning procedural requirements, such as prior approval by local zoning boards, amount to unreasonable delay or prevention.6 The OTARD rule provides two exceptions related to building and safety regulations and historic preservation. Local restrictions may be permitted if related to a “clearly defined, legitimate safety objective that is either stated in the text, preamble, or legislative history . . . .”7 Generalized safety concerns without a clear purpose or specific guidance for compliance are not sufficient to avoid federal preemption.8 However, to the extent that fixed wireless hub and relay antennas emit radio frequencies, OTARDs are also subject to compliance with FCC safety regulations for human exposure to radio frequency.9 3 Id. § 1.4000(a)(2).
4 2021 OTARD Order at ¶ 9.
5 Id. § 1.4000(a).
6 See In re Preemption of Local Zoning Regulation of Satellite Earth Stations and Implementation of Section 207 of the Telecommunications Act of 1996, Report and Order, Memorandum Opinion and Order, and Further Notice of Proposed Rulemaking, IB Docket No. 95-59, CS Docket No. 96-83, 11 FCC Rcd 19276, at ¶ 17 (Aug. 5, 1996).
7 47 C.F.R. § 1.4000(b)(1).
8 In re Star Lambert and Satellite Broadcasting and Communications Association of America, Memorandum Opinion and Order, DA97-1554, 12 FCC Rcd 10455, 10464-65 at ¶¶ 34-36 (July 22, 1997) (preempting a local standard that provided “[t]he public health, safety and welfare interests of the inhabitants of the City of Meade shall at all times be taken into consideration prior to the issuance of any permit and if any of these interests might be jeopardized by the issuance of a permit, the Building Official shall clearly define to the applicant his/her reasons for the failure to issue a permit.”). 9 2021 OTARD Order at ¶ 34.

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Additionally, local restrictions may be permitted to the extent necessary to preserve locations included in or eligible for inclusion on the National Register of Historic Places.10 To satisfy either exemption, the regulation must be applied similarly to comparable devices and can be no more burdensome than necessary to achieve the safety or historic preservation objective.11 These exemptions are construed narrowly and the burden is on the local agency to justify that the exemption applies.12 Santa Monica Municipal Code
On August 28, 2018, the City Council adopted Ordinance No. 2583 (the “2018 Ordinance”) which amended Santa Monica Municipal Code Chapter 9.32, Personal Wireless Service Facilities, to update the City’s regulations applicable to wireless facilities. These regulations primarily apply to the infrastructure deployed by cellular network providers for compliance with changes in federal and state laws.

Consistent with federal regulations, the 2018 Ordinance limits regulation of personal wireless facilities to the provisions of Chapter 9.32 and further expressly exempts OTARD antennas from the minor use permit requirements in Chapter 9.32. See SMMC § 9.32.030(B). The intent of the OTARD exemption was to avoid a conflict with federal regulations that prohibit local discretionary zoning permits for qualifying OTARDs. As a clear expression of the City’s intent, Section 3 of the 2018 Ordinance further provides that “[a]ny 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.” In other words, any provision of the Santa Monica Municipal Code that purports to require a discretionary zoning decision for OTARD antennas was repealed by the 2018 Ordinance.
10 47 C.F.R. § 1.4000(b)(2).
11 Id. § 1.4000(b).
12 Id. § 1.4000(g).

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However, as explained in more detail below, the Zoning Ordinance’s regulations for the use classification for “communications facilities”, which were in place prior to the 2018 Ordinance, could be misconstrued to include OTARDs.

The same interpretive problem with respect to the use classification for “communication facilities” arises with respect to personal wireless service facilities regulated exclusively under Chapter 9.32. Although Chapter 9.32 generally prohibits traditional cell towers in residential zones, the use classifications and land use tables, which make reference to communication facilities, including the subclassification of antenna and transmission towers, could cause readers to misconstrue the prohibition as extending to additional zoning districts that the City Council did not prohibit in 2018 Ordinance. Therefore, because the 2018 Ordinance did not include text amendments to related provisions in the land-use tables and use classifications that were affected by the changes to Chapter

9.32, the City’s requirements are potentially confusing and should be clarified.

Past Council Actions
Meeting Date Description
08/28/18
(attachment A)
Adoption of Ordinance Repealing and Replacing in its Entirety the Text of Santa Monica Municipal Code Chapter 9.32 Pertaining to Personal Wireless Service Facilities
Discussion
The primary conflict between the City’s intended regulation of personal wireless service facilities and exemption of OTARDs with other land use regulations involves the City’s use classification for “communication facilities”. Under SMMC § 9.51.030(D)(4), “communication facilities” are a type of non-residential use that include facilities for the provision of broadcasting and other information relay services through the use of electronic and telephonic mechanism. Given that fixed wireless OTARDs could be construed to provide information relay services through electronic mechanisms, applicants, planners and the public could mistakenly conclude that OTARDs are included in the use classification for communications facilities. The potential for confusion is exacerbated by the fact that the language in the 2018 Ordinance that

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clearly states that the provisions in Chapter 9.32 supersede all inconsistent provisions elsewhere in the code is uncodified—thus requiring the reader to know that uncodified provisions may govern potential conflicts between provisions adopted at different times and also where to find those uncodified provisions.

The tension between federal law and local law arises because the City is required by federal law to avoid prohibiting or effectively prohibiting personal wireless service facilities. Further, Federal law requires the City to permit OTARDs in all zones. With respect to OTARDs, under the City’s Zoning Ordinance, uses not listed in the City’s land use tables are prohibited by local law. For example, communication facilities are not listed in the use table for single-unit residential districts and are therefore prohibited.

See e.g., SMMC § 9.07.020, Table 9.07.020. Accordingly, to the extent that communication facilities are construed to include OTARDs, the City’s land use regulations would violate federal law by prohibiting OTARD antennas in single-unit residential zones. With respect to personal wireless service facilities, the City adopted procedures set forth in Chapter 9.32 that prohibit facilities in residential zones unless required by Federal law to make an exception. But to the extent communication facilities are construed to include personal wireless service facilities, the City’s land use regulations may prohibit or effectively prohibit facilities across a broader category of zoning districts that is inconsistent with Federal law.

To comply with federal law applicable to personal wireless service facilities and OTARDs, the proposed text amendments to the Zoning Ordinance are intended to eliminate the ambiguity by clarifying that personal wireless service facilities are exclusively regulated under Chapter 9.32 and that OTARD antennas are not subject to Article 9 (Planning and Zoning). OTARD antennas are expressly subject to building and safety review pursuant to Article 8 (Building Regulations). This would address the current and immediate threat to public health, safety and welfare posed by unpermitted facilities by providing clear guidance on the applicable permits and procedures for OTARD antennas. To further promote public health and safety, OTARDs that transmit radiofrequencies would continue to be subject to SMMC § 8.08.030(k) that authorizes the City to require testing as evidence of compliance with applicable codes and

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standards, including without limitation all applicable FCC standards for radio frequency emissions. The City’s review authority, consistent with Federal law, will not be altered in any way as a result of the proposed emergency IZO.

Environmental Review
The text amendments that address personal wireless service facilities and OTARDs are exempt from CEQA pursuant to Section 15303 New Construction or Conversion of Small Facilities, of the State CEQA Guidelines. Section 15303 (Class 3) exempts the installation of wireless communications equipment at multiple locations. (See Aptos Residents Association v. County of Santa Cruz (2018) 20 Cal.App.5th 1039; Robinson v.

City and County of San Francisco (2012) 208 Cal.App.4th 950; San Francisco Beautiful v. City and County of San Francisco (2014) 226 Cal.App.4th 1012; Don’t Cell Our Parks v. City of San Diego, (2018) 21 Cal.App 5th 338. Personal wireless service facilities consist of the “construction and location of limited numbers of new, small facilities or structures, or the “installation of small new equipment and facilities in small structures” within the meaning of the Class 3 exemption. The text amendments that address OTARDs are exempt from CEQA pursuant to CEQA Guidelines Section 15268 Ministerial Projects. The approval of OTARDs involves a non-discretionary review process and the issuance of building permits, which are presumed to be ministerial.

Additionally, the text amendments that address OTARDs and personal wireless service facilities are also exempt from CEQA pursuant to CEQA Guidelines Section 15061(b)(3) Review for Exemptions – Common Sense Rule. It can be seen with certainty that the adoption of the text amendments will not have a significant effect on the environment because it will not allow for the development of any new or expanded facilities anywhere other than where they were previously allowed under existing local law. Therefore, the text amendments to permit OTARDs and personal wireless service facilities are categorically exempt from CEQA.

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: Tony Kim, Principal Planner
Approved Forwarded to Council
Attachments:

A. City Council Meeting - August 28, 2018 (Web Link)
B. Proposed Redline Modifications
C. Emergency Interim Zoning Ordinance - Wireless Facilities D. PowerPoint Presentation

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ATTACHMENT

PROPOSED INTERIM ZONING AMENDMENTS
AS PRESENTED TO THE CITY COUNCIL ON MARCH 14, 2023
(Proposed redline modifications)

1. Modify the following language in SMMC Table 9.13.020:

TABLE 9.13.020: LAND USE REGULATIONS—EMPLOYMENT DISTRICTS Use Classification IC OC HMU Additional Regulations
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, Telecommunications 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

2. Modify the following language in SMMC Section 9.32.030(B):

B. Exempt Facilities. Notwithstanding subection subsection A of this Section, the provisions in this Chapter shall not be applicable to the facilities listed in this subsection B. The exemption from provisions in this Chapter shall not exempt the same facilities from the provisions and building permit requirements in Article 8 (Building Regulations).:

1. Facilities installed in the public right-of-way governed by Chapter 7.70 (Public Right-ofWay Wireless Communication Facilities) of this Code;

2. Amateur radio facilities;

3. OTARD antennas;

4. Personal wireless service facilities installed completely indoors and not visible to the public intended to extend signals for personal wireless services in a personal residence or a business (such as a femtocell or indoor distributed antenna system); and

10.B.b
Packet Pg. 478 Attachment: Proposed Redline Modifications [Revision 1] (5611 : Emergency IZO Regarding Permit Requirements for Wireless

5. Personal wireless service facilities or equipment owned and operated by CPUCregulated electric companies for use in connection with electrical power generation, transmission and distribution facilities subject to CPUC General Order 131-D.

3. Modify the following language in SMMC Section 9.51.030(D)(4):

4. Communication Facilities. Facilities for the provision of broadcasting and other information relay services through the use of electronic and telephonic mechanisms. a. Antenna and Transmission Tower. Broadcasting and other communication services accomplished through electronic or telephonic mechanisms, as well as structures designed to support 1 or more reception or transmission systems. Typical uses include wireless telecommunication towers and facilities, radio towers, and television towers, telephone exchange/microwave relay towers, and cellular telephone transmission/personal communications systems towers. Notwithstanding the foregoing, facilities described in Chapter 9.32, including without limitation personal wireless service facilities and over-the-air reception devices (“OTARDs”) shall not be considered Antenna and Transmission Towers for purposes of this use classification and shall only be subject to the applicable provisions and permit requirements in See Division 3, Chapter 9.4132, Telecommunications Personal Wireless Service Facilities, for further details.
b. Equipment within Buildings. Indoor facilities containing primarily communication equipment and storage devices such as computer servers.

10.B.b
Packet Pg. 479 Attachment: Proposed Redline Modifications [Revision 1] (5611 : Emergency IZO Regarding Permit Requirements for Wireless 1 City Council Meeting: March 14, 2023 Santa Monica, California ORDINANCE NUMBER _____ (CCS)
(City Council Series)

AN EMERGENCY INTERIM ZONING ORDINANCE OF THE CITY COUNCIL OF THE

CITY OF SANTA MONICA TO CONFIRM THE APPLICABILITY OF CERTAIN ZONING

AND HEALTH AND SAFETY REGULATIONS TO WIRELESS FACILITIES SUBJECT TO SANTA MONICA MUNICIPAL CODE CHAPTER 9.32
WHEREAS, Federal law limits or preempts local regulations applicable to certain wireless facilities, including, but not limited to, personal wireless service facilities and “over-the-air reception devices” (“OTARDs”); and
WHEREAS, personal wireless service facilities are facilities for the provision of personal wireless services and are generally infrastructure deployed by cellular network providers, and, although commonly associated with satellite television services, OTARDs also include antennas that provide fixed wireless broadband Internet; and WHEREAS, on August 28, 2018, the City Council adopted Ordinance No. 2583 (the “2018 Ordinance”) which amended Santa Monica Municipal Code Chapter 9.32, Personal Wireless Service Facilities, to update the City’s regulations applicable to wireless facilities for consistency with State and Federal law; and WHEREAS, consistent with Federal regulations, the 2018 Ordinance limits regulation of personal wireless facilities to the provisions of Chapter 9.32 and further expressly exempts OTARD antennas from the minor use permit requirements in Chapter

9.32; and

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Packet Pg. 480 Attachment: Emergency Interim Zoning Ordinance - Wireless Facilities [Revision 1] (5611 : Emergency IZO Regarding Permit Requirements for 2 WHEREAS, the intent of the OTARD exemption was to avoid a conflict with Federal regulations that prohibit local discretionary zoning permits for qualifying OTARDs; and
WHEREAS, the Zoning Ordinance’s regulations for “communications facilities”, which existed prior to the adoption of Ordinance 2583, could be misconstrued to regulate personal wireless service facilities and OTARDs in violation of Federal law; and WHEREAS, in addition, staff is aware of at least one instance where building permits were not obtained prior to installation of an OTARD, which required code enforcement action to remedy; and
WHEREAS, there exists a current and immediate threat to the public health, safety and welfare due to potential for unpermitted installations resulting from ambiguity in the City’s Zoning Ordinance; and
WHEREAS, the City desires to immediately confirm the City’s intention to limit zoning regulation of personal wireless service facilities and exempt and OTARDs from zoning regulations in accordance with Federal law while expressly requiring compliance with applicable public health and safety regulations.

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

SECTION 1. Notwithstanding anything to the contrary in Santa Monica Municipal Code Section 9.13.020, that Section shall hereby 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

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Packet Pg. 481 Attachment: Emergency Interim Zoning Ordinance - Wireless Facilities [Revision 1] (5611 : Emergency IZO Regarding Permit Requirements for 3 designations apply strictly to the permissibility of land uses; applications for buildings or structures may require discretionary review.
“P” designates permitted uses.
“L(#)” designates limited uses, which are permitted by right, provided they comply with specific limitations listed at the end of the table.
“MUP” designates use classifications that are permitted after review and approval of a Minor Use Permit.
“CUP” designates use classifications that are permitted after review and approval of a Conditional Use Permit.
“—” designates uses that are not permitted.

Land uses are defined in Chapter 9.51 (“Use Classifications”) of Article 9 of the Santa Monica Municipal code (“Zoning Ordinance”). Use classifications and 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 9.13.020: 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

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Packet Pg. 482 Attachment: Emergency Interim Zoning Ordinance - Wireless Facilities [Revision 1] (5611 : Emergency IZO Regarding Permit Requirements for 4 TABLE 9.13.020: LAND USE REGULATIONS—EMPLOYMENT DISTRICTS Use Classification IC OC HMU Additional Regulations
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.

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 –

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Packet Pg. 483 Attachment: Emergency Interim Zoning Ordinance - Wireless Facilities [Revision 1] (5611 : Emergency IZO Regarding Permit Requirements for 5 TABLE 9.13.020: LAND USE REGULATIONS—EMPLOYMENT DISTRICTS Use Classification IC OC HMU Additional Regulations
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 – –
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 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 (2,501 – 5,000 SF)
P 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

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Packet Pg. 484 Attachment: Emergency Interim Zoning Ordinance - Wireless Facilities [Revision 1] (5611 : Emergency IZO Regarding Permit Requirements for 6 TABLE 9.13.020: LAND USE REGULATIONS—EMPLOYMENT DISTRICTS Use Classification IC OC HMU Additional Regulations
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.

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.

10.B.c
Packet Pg. 485 Attachment: Emergency Interim Zoning Ordinance - Wireless Facilities [Revision 1] (5611 : Emergency IZO Regarding Permit Requirements for 7 TABLE 9.13.020: LAND USE REGULATIONS—EMPLOYMENT DISTRICTS Use Classification IC OC HMU Additional Regulations
Utilities, Major P P –
Utilities, Minor P P P
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 2. Notwithstanding anything to the contrary in Santa Monica Municipal Code Section 9.32.030, that Section shall hereby read as follows:

A. Applicable Facilities. This Chapter applies to all personal wireless service facilities within the City and all applications and requests for approval to construct, install, modify, collocate, relocate or otherwise deploy personal wireless service facilities in the City, unless exempted pursuant to subsection B of this Section.

B. Exempt Facilities. Notwithstanding subsection subection A of this Section, the provisions in this Chapter shall not be applicable to the facilities listed in this subsection

10.B.c
Packet Pg. 486 Attachment: Emergency Interim Zoning Ordinance - Wireless Facilities [Revision 1] (5611 : Emergency IZO Regarding Permit Requirements for 8 B. The exemption from provisions in this Chapter shall not exempt the same facilities from the provisions and building permit requirements in Article 8 (Building Regulations).:

1. Facilities installed in the public right-of-way governed by Chapter 7.70 (Public Right-of-Way Wireless Communication Facilities) of this Code;

2. Amateur radio facilities;

3. OTARD antennas;

5. Personal wireless service facilities or equipment owned and operated by CPUC-regulated electric companies for use in connection with electrical power generation, transmission and distribution facilities subject to CPUC General Order 131- D.

C. Requests for Approval Pursuant to Section 6409(a). Any request to collocate, replace or remove transmission equipment at an existing tower or base station submitted with a written request for approval under Section 6409(a) shall be processed administratively pursuant to the standards and procedures established by the Director, in accordance with Federal law.

SECTION 3. Notwithstanding anything to the contrary in Santa Monica Municipal Code Section 9.51.030, that Section shall hereby read as follows:

9.51.030 Nonresidential Use Classifications
A. Public and Semi-Public Use Classifications.

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Packet Pg. 487 Attachment: Emergency Interim Zoning Ordinance - Wireless Facilities [Revision 1] (5611 : Emergency IZO Regarding Permit Requirements for 9 1. Adult Day Care. Establishments providing non-medical care for persons 18 years of age or older on a less than 24-hour basis licensed by the State of California.

2. Cemetery. Establishments primarily engaged in operating sites or structures reserved for the interment of human or animal remains, including mausoleums, burial places, and memorial gardens.

3. Child Care and Early Education Facility. Establishments providing nonmedical care for persons less than 18 years of age on a less than 24-hour basis other than family day care (small and large). This classification includes commercial and nonprofit nursery schools, preschools, day care facilities for children, and any other day care facility licensed by the State of California. See Division 3, Section 9.31.120, Child Care and Early Education Facilities, for further details.

4. College and Trade School. Institutions of higher education providing curricula of a general, religious or professional nature, typically granting recognized degrees, including conference centers and academic retreats associated with such institutions. This classification includes junior colleges, business and computer schools, management training, technical and trade schools, but excludes personal instructional services such as music lessons.

5. Community Assembly. A facility for public or private meetings including community centers, banquet centers, religious assembly facilities, civic auditoriums, union halls, meeting halls for clubs and other membership organizations. This classification includes functionally related facilities for the use of members and attendees such as kitchens, multi-purpose rooms, and storage. It does not include gymnasiums or other sports facilities, convention centers, or facilities, such as day care centers and

10.B.c
Packet Pg. 488 Attachment: Emergency Interim Zoning Ordinance - Wireless Facilities [Revision 1] (5611 : Emergency IZO Regarding Permit Requirements for 10 schools that are separately classified and regulated. See Division 3, Section 9.31.100, Community Assembly, for further details.

6. Community Garden. An area of land managed and maintained by a public or non-profit organization or a group of individuals to grow and harvest food crops and/or ornamental crops, such as flowers, for personal or group use, consumption, or donation.

Community gardens may be divided into separate plots for cultivation by 1 or more individuals or may be farmed collectively by members of the group and may include common areas maintained and used by group members. Community gardens may be accessory to public or institutional uses such as parks, schools, community centers, or religious assembly uses. This classification does not include gardens that are on a property in residential use when access is limited to those who reside on the property.

Community gardens do not include medical marijuana collectives.

7. Cultural Facility. Facilities engaged in activities to serve and promote aesthetic and educational interest in the community that are open to the public on a regular basis. This classification includes performing arts centers for theater, music, dance, and events; spaces for display or preservation of objects of interest in the arts or sciences; libraries; museums; historical sites; aquariums; art galleries; and zoos and botanical gardens. It does not include schools or institutions of higher education providing curricula of a general nature.

8. Hospitals and Clinics. State-licensed public, private, and non-profit facilities providing medical, surgical, mental health, or emergency medical services. This classification includes facilities for inpatient or outpatient treatment, including substanceabuse programs, as well as training, research, and administrative services for patients

10.B.c
Packet Pg. 489 Attachment: Emergency Interim Zoning Ordinance - Wireless Facilities [Revision 1] (5611 : Emergency IZO Regarding Permit Requirements for 11 and employees. This classification excludes veterinary services and animal hospitals (see Animal Care, Sales, and Services).
a. Hospital. A facility providing medical, surgical, mental health, or services primarily on an in-patient basis, and including ancillary facilities for outpatient and emergency treatment, diagnostic services, training, research, administration, and services to patients, employees, or visitors. b. Clinic. A facility providing medical, mental health, or surgical services exclusively on an out-patient basis, including emergency treatment, diagnostic services, administration, and related services to patients who are not lodged overnight. Services may be available without a prior appointment. This classification includes licensed facilities offering substance abuse treatment, blood banks, plasma, dialysis centers, and emergency medical services offered exclusively on an out-patient basis. This classification does not include private medical and dental offices that typically require appointments and are usually smaller scale (see Offices, Medical and Dental).

9. Park and Recreation Facility. Parks, playgrounds, recreation facilities, trails, wildlife preserves, and related open spaces, which are open to the general public.

This classification also includes playing fields, courts, gymnasiums, swimming pools, picnic facilities, tennis courts, golf courses, and botanical gardens, as well as related food concessions or community centers within the facilities and restrooms within a primary structure or in an accessory structure on the same site.

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Packet Pg. 490 Attachment: Emergency Interim Zoning Ordinance - Wireless Facilities [Revision 1] (5611 : Emergency IZO Regarding Permit Requirements for 12 10. Public Safety Facility. Facilities providing public-safety and emergency services, including police and fire protection and emergency medical services, with incidental storage, training and maintenance facilities.

11. School. Facilities for primary or secondary education, including public schools, charter schools, and private and parochial schools.

12. Social Service Center. Facilities providing a variety of supportive services for disabled and homeless individuals and other targeted groups on a less than 24-hour basis. Examples of services provided are counseling, meal programs, personal storage lockers, showers, instructional programs, television rooms, and meeting spaces. This classification is distinguished from licensed day care centers (see Adult Day Care and Child Care and Early Education Facility), clinics (see Clinic), and emergency shelters providing 24-hour or overnight care (see Emergency Shelter).

B. Commercial Use Classifications.

1. Adult-Oriented Business. See Sexually-Oriented Businesses.

2. Animal Care, Sales and Services. Retail sales and services related to the boarding, grooming, and care of household pets, including:
a. Grooming and Pet Store. Retail sales of animals and/or services, including grooming, for animals on a commercial basis. Typical uses include dog bathing and clipping salons, pet grooming shops, and pet stores and shops. This classification excludes dog walking and similar pet care services not carried out at a fixed location, and excludes pet supply stores that do not sell animals or provide on-site animal services (see General Retail Sales).

10.B.c
Packet Pg. 491 Attachment: Emergency Interim Zoning Ordinance - Wireless Facilities [Revision 1] (5611 : Emergency IZO Regarding Permit Requirements for 13 b. Kennel. A commercial, non-profit, or governmental facility for keeping, boarding, training, breeding or maintaining 4 or more dogs, cats, or other household pets not owned by the kennel owner or operator on a 24-hour basis.

This classification includes animal shelters and animal hospitals that provide boarding-only services for animals not receiving services on the site but excludes the provision by shops and hospitals of 24-hour accommodation of animals receiving medical services on site. This classification also includes kennels that, in addition to 24-hour accommodation, provide pet care for periods of less than 24 hours but it does not include facilities that provide pet day care exclusively or predominantly.
c. Pet Day Care Service. A commercial, non-profit, or governmental facility for keeping 4 or more dogs, cats, or other household pets not owned by the kennel owner or operator primarily for periods of less than 24 hours. d. Veterinary Service. Veterinary services for domesticated animals.

This classification allows 24-hour accommodation of animals receiving medical services but does not include kennels.

3. Automobile/Vehicle Sales and Services. Retail or wholesale businesses that sell, rent, and/or repair automobiles, boats, recreational vehicles, trucks, vans, trailers, and motorcycles, including the following:
a. Alternative Fuels and Recharging Facility. A facility offering motor vehicle fuels not customarily offered by commercial refueling stations (e.g., LPG) as well as equipment to recharge electric-powered vehicles. This classification

10.B.c
Packet Pg. 492 Attachment: Emergency Interim Zoning Ordinance - Wireless Facilities [Revision 1] (5611 : Emergency IZO Regarding Permit Requirements for 14 does not include facilities within public garages or other stations that are accessory to a permitted use.
b. Automobile Rental. Rental of automobiles. Typical uses include car rental agencies. See Division 3, Section 9.31.050, Automobile Rental, for further details.
c. Automobile Storage Parcel. Any property used for short- or long-term parking of vehicles for sale or lease at an automobile dealership or rental agency on a separate parcel from such agency or dealership.
d. Automobile/Vehicle Sales and Leasing. Sale or lease, retail or wholesale, of new or used automobiles, light trucks, motorcycles, motor homes, and trailers, together with associated repair services and parts sales for vehicles sold or leased by the manufacturer associated with the dealership. (For auto repair, see Automobile/Vehicle Service and Repair, Major and Minor.) This classification includes on-site facilities for maintaining an inventory of vehicles for sale or lease but excludes buildings and property on a separate site that are used for storing vehicles (see Automobile Storage Parcel). Typical uses include automobile dealers and recreational vehicle sales agencies. This classification also includes minor on-site preparation, washing, buffing, waxing, and detailing of vehicles for sale or vehicles repaired at the facility. Any outdoor preparation, washing, buffing, waxing, and detailing of vehicles shall comply with the standards of Section

9.31.080(C), (D), (M), (N), (P), and (Q). This classification does not include automobile brokerage and other establishments that solely provide services of arranging, negotiating, assisting, or effectuating the purchase of automobiles for

10.B.c
Packet Pg. 493 Attachment: Emergency Interim Zoning Ordinance - Wireless Facilities [Revision 1] (5611 : Emergency IZO Regarding Permit Requirements for 15 others. See Division 3, Section 9.31.070, Automobile/Vehicle Sales, Leasing, and Storage, for further details.
e. Automobile/Vehicle Repair, Major. Repair of automobiles, trucks, motorcycles, motor homes, boats and recreational vehicles, including the incidental sale, installation, and servicing of related equipment and parts. This classification includes auto repair shops, body and fender shops, transmission shops, wheel and brake shops, auto glass services, vehicle painting, tire sales and installation, and installation of car alarms, sound, telecommunications, and navigation systems, but excludes vehicle dismantling or salvaging and tire retreading or recapping. See Division 3, Section 9.31.060, Automobile/Vehicle Repair, Major and Minor, for further details.
f. Automobile/Vehicle Service and Repair, Minor. The service and repair of automobiles, light-duty trucks, boats, and motorcycles, including the incidental sale, installation, and servicing of related equipment and parts. This classification includes the replacement of small automotive parts and liquids as an accessory use to a gasoline sales station or automotive accessories and supply store, as well as smog check quick-service oil, tune-up and brake and muffler shops where repairs are made or service provided in enclosed bays and no vehicles are stored overnight. This classification excludes disassembly, removal or replacement of major components such as engines, drive trains, transmissions or axles; automotive body and fender work, vehicle painting or other operations that generate excessive noise, objectionable odors or hazardous materials, and towing services. It also excludes repair of heavy trucks, limousines or construction

10.B.c
Packet Pg. 494 Attachment: Emergency Interim Zoning Ordinance - Wireless Facilities [Revision 1] (5611 : Emergency IZO Regarding Permit Requirements for 16 vehicles. See Division 3, Section 9.31.060, Automobile/Vehicle Repair, Major and Minor, for further details.
g. Automobile/Vehicle Washing. Washing, waxing, or cleaning of automobiles or similar light vehicles, that are the principal use of a building, structure, or site, including self-serve washing facilities. See Division 3, Section

9.31.080, Automobile/Vehicle Washing, for further details. h. Large Vehicle and Equipment Sales, Service, and Rental. Sales, servicing, rental, fueling, and washing of large trucks, trailers, tractors, and other equipment used for construction, moving, agricultural, or landscape gardening activities. Includes large vehicle operation training facilities. i. Service Station. Establishments primarily engaged in retailing automotive fuels or retailing these fuels in combination with activities, such as providing minor automobile/vehicle repair services; selling automotive oils, replacement parts, and accessories; and/or providing accessory food and retail services. See Division 3, Section 9.31.320, Service Stations, for further details. j. Towing and Impound. Establishments primarily engaged in towing light or heavy motor vehicles, both local and long distance. These establishments may provide incidental services, such as vehicle storage and emergency road repair services (for automobile dismantling, see Salvage and Wrecking). This classification includes parcels used for storage of impounded vehicles.

4. Banks and Financial Institutions.
a. Bank and Credit Union. Financial institutions providing retail banking services. This classification includes only those institutions engaged in the on-site

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Packet Pg. 495 Attachment: Emergency Interim Zoning Ordinance - Wireless Facilities [Revision 1] (5611 : Emergency IZO Regarding Permit Requirements for 17 circulation of money, including credit unions, but excluding check-cashing businesses. For administration, headquarters, or other offices of banks and credit unions without retail banking services/on-site circulation of money (see Offices, Business and Professional).
b. Check Cashing Business. Establishments that, for compensation, engage in the business of cashing checks, warrants, drafts, money orders, or other commercial paper serving the same purpose. This classification also includes the business of deferred deposits, whereby the check casher refrains from depositing a personal check written by a customer until a specific date pursuant to a written agreement as provided in Civil Code 1789.33. Check Cashing Businesses do not include State or Federally chartered banks, savings associations, credit unions, or industrial loan companies. They also do not include retail sellers engaged primarily in the business of selling consumer goods, such as consumables to retail buyers that cash checks or issue money orders incidental to their main purpose or business.

5. Bar. See Eating and Drinking Establishments.

6. Business Service. Establishments providing goods and services to other businesses on a fee or contract basis, including printing and copying, blueprint services, mailbox services, equipment rental and leasing, office security, custodial services, film processing, model building, and delivery services with 2 or fewer fleet vehicles on-site. (For 3 or more fleet vehicles, see Light Fleet-Based Services.)

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Packet Pg. 496 Attachment: Emergency Interim Zoning Ordinance - Wireless Facilities [Revision 1] (5611 : Emergency IZO Regarding Permit Requirements for 18 7. Commercial Entertainment and Recreation. Provision of participant or spectator entertainment. This classification may include restaurants, snack bars, and other incidental food and beverage services to patrons. a. Cinema. Facilities for indoor display of films and motion pictures. b. Theater. Facilities designed and used for entertainment, including plays, comedy, and music, which typically contain a stage upon which movable scenery and theatrical appliances or musical instruments and equipment are used. c. Convention and Conference Centers. Facilities designed and used for conventions, conferences, seminars, trade shows, product displays, and other events in which groups gather to promote and share common interests.

Convention centers typically have at least one auditorium and may also contain concert halls, lecture halls, meeting rooms, and conference rooms, as well as accessory uses such as facilities for food preparation and serving and administrative offices. For conference facilities accessory to hotels, see Hotel and Motel.
d. Large-Scale Facility. This classification includes large outdoor facilities such as amusement and theme parks, sports stadiums and arenas, racetracks, amphitheaters, drive-in theaters, driving ranges, and golf courses. It also includes indoor facilities with 5,000 square feet or more in building area such as fitness centers, gymnasiums, handball, racquetball, or large tennis club facilities; ice or roller skating rinks; swimming or wave pools; miniature golf courses; bowling alleys; archery or indoor shooting ranges; and riding stables.

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Packet Pg. 497 Attachment: Emergency Interim Zoning Ordinance - Wireless Facilities [Revision 1] (5611 : Emergency IZO Regarding Permit Requirements for 19 e. Small-Scale Facility. This classification includes small, generally indoor facilities that occupy less than 5,000 square feet of building area, such as billiard parlors, card rooms, game arcades, dance halls, small tennis club facilities, poolrooms, and amusement arcades.
f. Fortunetelling. An establishment where a person or persons provide fortunetelling services and demand or receive, directly or indirectly, a fee or reward, or accept any donation for the exercise or exhibition of fortunetelling services, or give an exhibition of fortunetelling services at any place where a fee, donation or reward is charged or received, directly or indirectly as a condition of entry. Fortunetelling services shall include, but not be limited to, the telling of fortunes, forecasting of futures, or furnishing of any information not otherwise obtainable by the ordinary process of knowledge, by means of any occult or psychic power, faculty or force, psychic reading, occult reading, clairvoyance, clairaudience, cartomancy, psychometry, phrenology, spirits, mediumship, seership, prophecy, augury, astrology, palmistry, necromancy, mindreading, tarot card readings, tea leaves, telepathy or other craft, art, science, cards, talisman, charm, potion, magnetism, magnetized article or substance, crystal gazing, or magic of any kind or nature.

8. Eating and Drinking Establishments. Businesses primarily engaged in selling and serving prepared food and/or beverages for consumption on or off the premises.
a. Bar/Night Club/Lounge. Businesses that are licensed by the State to serve alcoholic beverages, including beer, wine and mixed drinks for consumption

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Packet Pg. 498 Attachment: Emergency Interim Zoning Ordinance - Wireless Facilities [Revision 1] (5611 : Emergency IZO Regarding Permit Requirements for 20 on the premises from a liquor service facility that is physically separate from the dining area and may be operated during hours when food is not served. See Division 3, Section 9.31.040, Alcoholic Beverage Sales, for further details. b. Restaurant, Full-Service. Restaurants providing food and beverage services to patrons who order and are served while seated and pay after eating.

Takeout service may also be provided. See Division 3, Section 9.31.040, Alcoholic Beverage Sales, where applicable, for further details.
c. Restaurant, Limited-Service and Take-Out. Establishments where food and beverages may be consumed on the premises, taken out, or delivered.

This classification includes cafes, cafeterias, coffee shops, delicatessens, fastfood restaurants, sandwich shops, limited-service pizza parlors, self-service restaurants, ice cream and frozen yogurt shops, and snack bars with indoor or outdoor seating for customers. This classification includes bakeries that have tables for on-site consumption of products. It excludes catering services that do not sell food or beverages for on-site consumption (see Commercial Kitchen). See Division 3, Sections 9.31.040, Alcoholic Beverage Sales, and 9.31.280, Restaurants, Limited Service and Take Out Only, where applicable, for further details.
d. Food Hall. Establishments consisting of three or more individuallylicensed businesses within an enclosed building where food and beverages may be consumed on the premises, taken out, or delivered, and may also include small retail venues. Patrons may be served while seated and pay after eating, or orders may be made at a walk-up window, counter, machine, or remotely, and payment

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Packet Pg. 499 Attachment: Emergency Interim Zoning Ordinance - Wireless Facilities [Revision 1] (5611 : Emergency IZO Regarding Permit Requirements for 21 made prior to food consumption. Characteristics of food halls include but are not limited to: shared entrance/lobby areas, compartmentalized spaces for individually licensed businesses, shared eating areas, shared restrooms, and shared “back of house” areas (e.g., storage, dishwashing, food preparation). Each compartmentalized space may have access to the exterior of the building, along with outdoor dining and seating areas, which may be shared with other businesses within the establishment.
e. With Drive-Through Facility. Establishments providing food and beverage services to patrons remaining in automobiles. Includes drive-up service. f. With Outdoor Dining and Seating Area. Provision of outdoor dining facilities on the same property or in the adjacent public right-of-way. See Division 3, Section 9.31.200, Outdoor Dining and Seating, for further details.

9. Equipment Rental. Establishments whose primary activity is the rental of equipment, such as medical and party equipment, to individuals and business, and whose activities may include storage and delivery of items to customers.

10. Food and Beverage Sales. Retail sales of food and beverages for off-site preparation and consumption. Typical uses include food markets, groceries, and liquor stores.
a. Convenience Market. Retail establishments that sell a limited line of groceries, prepackaged food items, tobacco, magazines, and other household goods, primarily for off-premises consumption. These establishments typically have long or late hours of operation and occupy a relatively small building. This classification includes small retail stores located on the same parcel as or operated

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Packet Pg. 500 Attachment: Emergency Interim Zoning Ordinance - Wireless Facilities [Revision 1] (5611 : Emergency IZO Regarding Permit Requirements for 22 in conjunction with a Service Station but does not include delicatessens or specialty food shops. It excludes establishments that offer a sizeable assortment of fresh fruits and vegetables or fresh-cut meat (see General Market). See Division 3, Section 9.31.040, Alcoholic Beverage Sales, for further details. b. Farmers Market. A location where the primary activity is the sale of agricultural products by producers and certified producers. Sales of ancillary products may occur at the location. An open air farmers market may only be operated by a local government agency.
c. General Market. Retail food markets of food and grocery items primarily for offsite preparation and consumption. Typical uses include supermarkets and specialty food stores such as retail bakeries; candy, nuts and confectionary stores; meat or produce markets; vitamin and health food stores; cheese stores; and delicatessens. This classification may include small-scale specialty food production with retail sales such as pasta shops. See Division 3, Sections 9.31.040, Alcoholic Beverage Sales, and 9.31.150, General Markets in Residential Districts, where applicable, for further details. d. Liquor Store. Establishments primarily engaged in selling packaged alcoholic beverages for off-site consumption. See Division 3, Section 9.31.040, Alcoholic Beverage Sales, for further details.

11. Funeral Parlor and Mortuary. An establishment primarily engaged in the provision of services involving the care, preparation, or disposition of human remains and conducting memorial services. Typical uses include a crematory, columbarium, mausoleum, or mortuary.

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Packet Pg. 501 Attachment: Emergency Interim Zoning Ordinance - Wireless Facilities [Revision 1] (5611 : Emergency IZO Regarding Permit Requirements for 23 12. Home Occupation. A use that is incidental and secondary to the primary residential use of a dwelling and compatible with surrounding residential uses. These uses include business, professional, and creative offices, food production, limited personal services, and urban agriculture. See Division 3, Section 9.31.160, Home Occupations for further details.

13. Instructional Services. Establishments that offer specialized programs in personal growth and development, typically in a classroom setting. Typical uses include classes or instruction in music, health, athletics, art, or academics. Instructional Services may include rehearsal studios as an accessory use. This use type excludes Colleges and Trade Schools and facilities that offer instructional services (see General Personal Services). This use type also excludes gyms, exercise clubs, or studios offering performing arts, martial arts, physical exercise, or yoga training and similar types of instruction. See Personal Services-Physical Training.

14. Live-Work. A unit that combines a work space and incidental residential space occupied and used by a single household in a structure that has been constructed for such use or converted from commercial or industrial use and structurally modified to accommodate residential occupancy and work activity in compliance with the Building Code. The working space is reserved for and regularly used by 1 or more occupants of the unit. See Division 3, Section 9.31.170, Live-Work Units, for further details.

15. Lodging. An establishment providing overnight accommodations to transient patrons who maintain a permanent place of residence elsewhere for payment for periods of 30 consecutive calendar days or less.

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Packet Pg. 502 Attachment: Emergency Interim Zoning Ordinance - Wireless Facilities [Revision 1] (5611 : Emergency IZO Regarding Permit Requirements for 24 a. Bed and Breakfast. A residential structure that is in residential use in which the property owner or manager lives on site and within which up to 4 bedrooms are rented for overnight lodging and where meals may be provided. See Division 3, Section 9.31.090, Bed and Breakfasts, for further details. b. Hotel and Motel. An establishment providing temporary lodging to transient patrons. These establishments may provide additional services, such as conference and meeting rooms, restaurants, bars, or recreation facilities available to guests or to the general public. This use classification includes motor lodges, motels, apartment hotels, hostels and tourist courts, but does not include rooming houses, boarding houses, or private residential clubs, single-room occupancy housing, or bed and breakfast establishments within a single-unit residence. c. Vacation Rental. A property with a dwelling unit or guest house intended for permanent occupancy that is available for rent or hire for any person other than the primary owner for transient use for 30 days or less or is otherwise occupied or utilized on a transient basis for 30 days or less. Vacation rental does not include a Bed and Breakfast as defined above.

16. Maintenance and Repair Service. Establishments engaged in the maintenance or repair of office machines, household appliances, furniture, and similar items. This classification excludes maintenance and repair of motor vehicles or boats (see Automotive/Vehicle Sales and Services) and personal apparel (see Personal Services).

17. Mobile Food Truck Off-Street Venue. A location where the commercial vending of food occurs from parked vehicles.

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Packet Pg. 503 Attachment: Emergency Interim Zoning Ordinance - Wireless Facilities [Revision 1] (5611 : Emergency IZO Regarding Permit Requirements for 25 18. Nursery and Garden Center. Establishments primarily engaged in retailing nursery and garden products—such as trees, shrubs, plants, seeds, bulbs, and sod—that are predominantly grown elsewhere. These establishments may sell a limited amount of a product they grow themselves. Fertilizer and soil products are stored and sold in packaged form only.

19. Offices. Offices of firms, organizations (for-profit and non-profit), and public agencies providing professional, executive, management, administrative or design services, such as accounting, architectural, computer software design, engineering, graphic design, interior design, investment, insurance, and legal offices, excluding banks and savings and loan associations with retail banking services (see Banks and Financial Institutions). This classification also includes offices where medical and dental services are provided by physicians, dentists, chiropractors, acupuncturists, optometrists, and similar medical professionals, including medical/dental laboratories within medical office buildings but excluding clinics or independent research laboratory facilities (see Research and Development) and hospitals (see Hospital and Clinic). a. Business and Professional. Offices of firms, organizations, or agencies providing professional, executive, management, administrative, financial, accounting, or legal services, but excluding those that primarily provide direct services to patrons that visit the office (see Offices, Walk-In Clientele). b. Creative. Offices, production spaces, and work spaces of establishments that are in the business of the development, publishing, production, or distribution of creative property, including, but not limited to, advertising, architectural services, broadcasting, communications, computer software design,

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Packet Pg. 504 Attachment: Emergency Interim Zoning Ordinance - Wireless Facilities [Revision 1] (5611 : Emergency IZO Regarding Permit Requirements for 26 media content, entertainment, engineering, fashion design, film distribution, graphic design, interior design, internet content, landscape design, photography, and similar uses.
c. Medical and Dental. Offices providing consultation, diagnosis, therapeutic, preventive, or corrective personal treatment services by doctors and dentists; medical and dental laboratories that see patients; and similar practitioners of medical and healing arts for humans licensed for such practice by the State of California. Incidental medical and/or dental research within the office is considered part of the office use if it supports the on-site patient services. d. Walk-In Clientele. Offices predominantly providing direct services to patrons or clients and do not require appointments. This use classification includes employment agencies, insurance agent offices, real estate offices, travel agencies, utility company offices, and offices for elected officials. It does not include banks or check-cashing facilities, which are separately classified and regulated (see Banks and Financial Institutions).

20. Parking, Public or Private. Structures and surface lots offering parking for a fee when such use is not incidental to another on-site activity.

21. Personal Service.
a. General Personal Services. Provision of recurrently needed services of a personal nature. This classification includes barber shops and beauty salons, seamstresses, tailors, dry cleaning agents (excluding large-scale bulk cleaning plants), shoe repair shops, self-service laundries, video rental stores, photocopying and photo finishing services, and travel agencies mainly intended

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Packet Pg. 505 Attachment: Emergency Interim Zoning Ordinance - Wireless Facilities [Revision 1] (5611 : Emergency IZO Regarding Permit Requirements for 27 for the consumer. This classification also includes massage establishments that are in full compliance with the applicable provisions of Chapter 6.104, Massage Regulations, of the Santa Monica Municipal Code, and in which all persons engaged in the practice of massage are certified pursuant to the California Business and Professions Code Section 4612. This classification does not include gyms, exercise clubs, or studios offering performing arts, martial arts, physical exercise, or yoga training and similar types of instruction. See Division 3, Section

9.31.230, Personal Service, for further details.
b. Personal Services, Physical Training. Gyms, exercise clubs, or studios less than 5,000 square feet offering martial arts, physical exercise, yoga training and similar types of instruction to classes and groups. This classification also includes exclusively youth-serving studios of less than 3,000 square feet offering performing arts, dance, martial arts, physical exercise, and similar types of instruction to classes and groups of more than 5 persons. c. Tattoo or Body Modification Parlor. An establishment whose principal business activity is one or more of the following: (i) using ink or other substances that result in the permanent coloration of the skin through the use of needles or other instruments designed to contact or puncture the skin; or (ii) creation of an opening in the body of a person for the purpose of inserting jewelry or other decoration. See Division 3, Section 9.31.230, Personal Service, for further details.

22. Retail Sales.
a. Building Materials and Services. Retail sales or rental of building supplies or equipment. This classification includes lumberyards, tool and

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Packet Pg. 506 Attachment: Emergency Interim Zoning Ordinance - Wireless Facilities [Revision 1] (5611 : Emergency IZO Regarding Permit Requirements for 28 equipment sales or rental establishments, and includes establishments devoted principally to taxable retail sales to individuals for their own use. This definition does not include Construction and Material Yards, hardware stores less than 10,000 square feet or establishments engaged in the business of selling, leasing, or otherwise transferring any firearm or ammunitions.
b. General Retail Sales, Small-Scale. The retail sale or rental of merchandise not specifically listed under another use classification. This classification includes retail establishments with 25,000 square feet or less of sales area; including department stores, clothing stores, furniture stores, pet supply stores, small hardware and garden supply/nurseries stores (with 10,000 square feet or less of floor area), and businesses retailing goods including, but not limited to, the following: toys, hobby materials, handcrafted items, jewelry, cameras, photographic supplies and services (including portraiture and retail photo processing), medical supplies and equipment, pharmacies, electronic equipment, sporting goods, kitchen utensils, hardware, appliances, antiques, art galleries, art supplies and services, paint and wallpaper, carpeting and floor covering, office supplies, bicycles, video rental, and new automotive parts and accessories (excluding vehicle service and installation). Retail sales may be combined with other services such as office machine, computer, electronics, and similar smallitem repairs. See Division 3, Sections 9.31.210, Outdoor Newsstands, and

9.31.220, Outdoor Retail Display and Sales, where applicable, for further details. c. General Retail Sales, Medium-Scale. The retail sale or rental of merchandise not specifically listed under another use classification. This

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Packet Pg. 507 Attachment: Emergency Interim Zoning Ordinance - Wireless Facilities [Revision 1] (5611 : Emergency IZO Regarding Permit Requirements for 29 classification includes retail establishments with more than 25,000 square feet but not more than 80,000 square feet of sales area.
d. General Retail Sales, Large-Scale. Retail establishments with over 80,000 square feet of sales area that sell merchandise and bulk goods for individual consumption, including membership warehouse clubs, where sales of grocery items do not occupy more than 25 percent of the floor area. e. Medical Marijuana Dispensary. Any facility, building, structure, or fixed location where 1 or more qualified patients and/or persons with identification cards and/or primary caregivers cultivate, distribute, sell, dispense, transmit, process, exchange, give away, or otherwise make available marijuana for medical purposes. The terms “primary caregiver,” “qualified patient,” and “person with an identification card” shall be as defined in California Health and Safety Code Section 11362.5 et seq.
i. A medical marijuana dispensary shall not include the following uses, as long as the location of such uses are otherwise regulated by applicable law and as long as any such use complies strictly with applicable law, including, but not limited to, California Health and Safety Code Section 11362.5 et seq.:
(1) A clinic licensed pursuant to Chapter 1 of Division 2 of the California Health and Safety Code.
(2) A health care facility licensed pursuant to Chapter 2 of Division 2 of the California Health and Safety Code.

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Packet Pg. 508 Attachment: Emergency Interim Zoning Ordinance - Wireless Facilities [Revision 1] (5611 : Emergency IZO Regarding Permit Requirements for 30 (3) A residential care facility for persons with chronic lifethreatening illness licensed pursuant to Chapter 3.01 of Division 2 of the California Health and Safety Code.
(4) A residential care facility for the elderly licensed pursuant to Chapter 3.2 of Division 2 of the California Health and Safety Code.
(5) A residential hospice, or a home health agency
licensed pursuant to Chapter 8 of the California Health and Safety Code.
ii. A medical marijuana dispensary shall also not include any dwelling unit where qualified patients or persons with an identification card permanently reside and collectively or cooperatively cultivate marijuana onsite for their own personal medical use and does not include the provision, cultivation, or distribution of medical marijuana at this dwelling unit by primary caregivers for the personal medical use of the qualified patients or persons with an identification card who have designated the individual(s) as a primary caregiver, in accordance with California Health and Safety Code Sections 11362.5 and 11362.7 et seq.
f. Pawn Shop. Establishments engaged in the buying or selling of new or secondhand merchandise and offering loans in exchange for personal property. g. Swap Meet. Any indoor or outdoor place, in an approved location, or for an approved activity where new or used goods or secondhand personal property is offered for sale or exchange to the general public by a multitude of

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Packet Pg. 509 Attachment: Emergency Interim Zoning Ordinance - Wireless Facilities [Revision 1] (5611 : Emergency IZO Regarding Permit Requirements for 31 individual licensed vendors, usually in compartmentalized spaces. The term swap meet is interchangeable with and applicable to: flea markets, auctions, open air markets, outdoor sales activities, or other similarly named or labeled activities; but does not include supermarket or department store retail operations. See Division 3, Sections 9.31.360, Swap Meets, and 9.31.220, Outdoor Retail Display and Sales, for further details.

23. Restaurants. See Eating and Drinking Establishments.

24. Sexually-Oriented Business. See Chapter 9.59, Sexually-Oriented Businesses, for details.

C. Industrial Use Classifications.

1. Artist’s Studio. Work space for an artist or artisan, including individuals practicing 1 of the fine arts or performing arts, or an applied art or craft. This use may include incidental display and retail sales of items produced on the premises and instructional space for small groups of students. It does not include joint living and working units (see Live-Work).
a. Studio-Light. Small-scale art production that is generally of a low impact. Typical uses include painting, photography, jewelry, glass, textile, and pottery studios.
b. Studio-Heavy. Art production on a medium or large scale generally using heavy equipment. Typical uses include large-scale metal and woodworking studios.

2. Commercial Kitchen. Kitchens used for the preparation of food to be delivered and consumed off-site. Typical uses include catering facilities. This

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Packet Pg. 510 Attachment: Emergency Interim Zoning Ordinance - Wireless Facilities [Revision 1] (5611 : Emergency IZO Regarding Permit Requirements for 32 classification does not include businesses involved in the processing or manufacturing of wholesale food products (see Industry, Limited).

3. Construction and Material Yard. Storage of construction materials or equipment on a site other than a construction site.

4. Industry, General. Manufacturing of products from extracted or raw materials or recycled or secondary materials, or bulk storage and handling of such products and materials. This classification includes operations such as agriculture processing; biomass energy conversion; production apparel manufacturing; photographic processing plants; leather and allied product manufacturing; wood product manufacturing; paper manufacturing; chemical manufacturing; plastics and rubber products manufacturing; nonmetallic mineral product manufacturing; primary metal manufacturing; fabricated metal product manufacturing; and automotive and heavy equipment manufacturing.

5. Industry, Limited. Establishments engaged in light industrial activities taking place primarily within enclosed buildings and producing minimal impacts on nearby properties. This classification includes the manufacturing of finished parts or products primarily from previously prepared materials; commercial laundries and dry cleaning plants; monument works; printing, engraving, and publishing; sign painting shops; machine and electrical shops; computer and electronic product manufacturing; furniture and related product manufacturing; and industrial services. It also includes the preparation, manufacturing, and/or packaging of food, medicinal cannabis, and medicinal cannabis products for off-site use or consumption using nonvolatile solvents, or no

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Packet Pg. 511 Attachment: Emergency Interim Zoning Ordinance - Wireless Facilities [Revision 1] (5611 : Emergency IZO Regarding Permit Requirements for 33 solvents. Typical food manufacturing uses include canners, roasters, breweries, wholesale bakeries, and frozen food manufacturers.

6. Media Production. Establishments engaged in the production of movies, video, music and similar forms of intellectual property. Typical facilities include movie and recording studios and production facilities, distribution facilities, editing facilities, catering facilities, printing facilities, post-production facilities, set construction facilities, sound studios, special effects facilities and other entertainment-related production operations.

This classification does not include facilities for live audiences (see Commercial Entertainment and Recreation) or transmission and receiving equipment for radio or television broadcasting (see Communication Facility).
a. Support Facility. Administrative and technical production support facilities such as offices, editing and sound recording studios, film laboratories, and similar functions that occur entirely within a building. b. Full-Service Facility. Indoor and outdoor production facilities, distribution facilities, post-production facilities, set construction facilities, sound stages, special effects facilities, and other media-related production operations.

7. Recycling Facility. A facility for receiving, temporarily storing, transferring and/or processing materials for recycling, reuse, or final disposal. This use classification does not include waste transfer facilities that operate as materials recovery, recycling, and solid waste transfer operations and are classified as utilities (see Utilities, Major). See Division 3, Section 9.31.260, Recycling Facilities, for further details.

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Packet Pg. 512 Attachment: Emergency Interim Zoning Ordinance - Wireless Facilities [Revision 1] (5611 : Emergency IZO Regarding Permit Requirements for 34 a. Recycling Collection Facility. An incidental use that serves as a neighborhood drop-off point for the temporary storage of recyclable materials but where the processing and sorting of such items is not conducted on-site. b. Recycling Processing Facility. A facility that receives, sorts, stores and/or processes recyclable materials.

8. Research and Development. A facility for scientific research and the design, development, and testing of electrical, electronic, magnetic, optical, pharmaceutical, chemical, and biotechnology components and products in advance of product manufacturing. This classification includes assembly of related products from parts produced off-site where the manufacturing activity is secondary to the research and development activities.

9. Salvage and Wrecking. Storage and dismantling of vehicles and equipment for sale of parts, as well as their collection, storage, exchange or sale of goods, including, but not limited to any used building materials, used containers or steel drums, used tires, and similar or related articles or property.

10. Warehousing, Storage, and Distribution. Storage and distribution facilities without sales to the public on-site or direct public access except for public storage in small individual space exclusively and directly accessible to a specific tenant. a. Chemical, Mineral, and Explosives Storage. Storage and handling of hazardous materials including, but not limited to: bottled gas, chemicals, minerals and ores, petroleum or petroleum-based fuels, fireworks, and explosives. b. Indoor Warehousing and Storage. Storage within an enclosed building of commercial goods prior to their distribution to wholesale and retail

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Packet Pg. 513 Attachment: Emergency Interim Zoning Ordinance - Wireless Facilities [Revision 1] (5611 : Emergency IZO Regarding Permit Requirements for 35 outlets and the storage of industrial equipment, products and materials. This classification also includes cold storage, draying or freight, moving and storage, and warehouses. It excludes the storage of hazardous chemical, mineral, and explosive materials.
c. Outdoor Storage. Storage of vehicles or commercial goods or materials in open parcels.
d. Personal Storage. Facilities offering enclosed storage with individual access for personal effects and household goods, including mini-warehouses and mini-storage. This use excludes workshops, hobby shops, manufacturing, or commercial activity.
e. Wholesaling and Distribution. Indoor storage and sale of goods to other firms for resale; storage of goods for transfer to retail outlets of the same firm; or storage and sale of materials and supplies used in production or operation, including janitorial and restaurant supplies. Wholesalers are primarily engaged in business-to-business sales, but may sell to individual consumers through mail or internet orders. They normally operate from a warehouse or office having little or no display of merchandise, and are not designed to solicit walk-in traffic. This classification does not include wholesale sale of building materials (see Building Materials and Services).

D. Transportation, Communication, and Utilities Use Classifications.

1. Airports and Heliports. Facilities for the takeoff and landing of airplanes and helicopters, including runways, helipads, aircraft storage buildings, public terminal buildings and parking, air freight terminals, baggage handling facilities, aircraft hangar

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Packet Pg. 514 Attachment: Emergency Interim Zoning Ordinance - Wireless Facilities [Revision 1] (5611 : Emergency IZO Regarding Permit Requirements for 36 and public transportation and related facilities, including bus operations, servicing and storage. This classification also includes support activities such as fueling and maintenance, storage, airport operations and air traffic control, incidental retail sales, coffee shops and snack shops, and airport administrative facilities, including airport offices, terminals, operations buildings, communications equipment, buildings and structures, control towers, lights, and other equipment and structures required by the United States Government and/or the State for the safety of aircraft operations.

2. Bus/Rail Passenger Station. Facilities for passenger transportation operations. This classification includes rail and bus stations and terminals but does not include terminals serving airports or heliports. Typical uses include ticket purchasing and waiting areas out of the public right-of-way, restrooms, and accessory uses such as cafés.

3. City Bikeshare Facility. Land and equipment used for the operation or maintenance of a network of publicly-owned and publicly-available bicycles in a bikeshare system in the City of Santa Monica. These facilities may include stations, hubs, parking facilities, payment/customer service kiosks, map stands, and helmet vending.

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Packet Pg. 515 Attachment: Emergency Interim Zoning Ordinance - Wireless Facilities [Revision 1] (5611 : Emergency IZO Regarding Permit Requirements for 37 systems towers. Notwithstanding the foregoing, facilities described in Chapter

9.32, including without limitation personal wireless service facilities and over-theair reception devices (“OTARDs”) shall not be considered Antenna and Transmission Towers for purposes of this use classification and shall only be subject to the applicable provisions and permit requirements in See Division 3, Chapter 9.4132, Telecommunications Personal Wireless Service Facilities, for further details.
b. Equipment within Buildings. Indoor facilities containing primarily communication equipment and storage devices such as computer servers.

5. Freight/Truck Terminal and Warehouse. Facilities for freight, courier, and postal services by truck or rail. This classification does not include local messenger and local delivery services (see Light Fleet-Based Service).

6. Light Fleet-Based Service. Passenger transportation services, local delivery services, medical transport, and other businesses that rely on fleets of 3 or more vehicles with rated capacities less than 10,000 lbs. This classification includes parking, dispatching, and offices for taxicab and limousine operations, ambulance services, nonemergency medical transport, local messenger and document delivery services, home cleaning services, and similar businesses. This classification does not include towing operations (see Automobile/Vehicle Sales and Service, Towing and Impound) or taxi or delivery services with 2 or fewer fleet vehicles on-site (see Business Services).

7. Utilities, Major. Generating plants, electric substations, and solid waste collection, including transfer stations and materials recovery facilities, solid waste

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Packet Pg. 516 Attachment: Emergency Interim Zoning Ordinance - Wireless Facilities [Revision 1] (5611 : Emergency IZO Regarding Permit Requirements for 38 treatment and disposal, water or wastewater treatment plants, and similar facilities of public agencies or public utilities.

8. Utilities, Minor. Facilities necessary to support established uses involving only minor structures, such as electrical distribution lines, and underground water and sewer lines.

9. Waste Transfer Facility. A facility that operates as a materials recovery, recycling and solid waste transfer operation providing solid waste recycling and transfer services for other local jurisdictions and public agencies that are not located within the City. The facility sorts and removes recyclable materials (including paper, metal, wood, inert materials such as soils and concrete, green waste, glass, aluminum and cardboard) through separation and sorting technologies to divert these materials from the waste stream otherwise destined for landfill.

SECTION 4. Any provision of the Santa Monica Municipal Code or any appendix thereto inconsistent with the provisions of this Ordinance, to the extent of such inconsistencies and no further, is hereby repealed or modified to that extent necessary to effect the provisions of this Ordinance.

SECTION 5. If any section, subsection, sentence, clause, or phrase of this Ordinance is for any reason held to be invalid or unconstitutional by a decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this Ordinance. The City Council hereby declares that it would have passed this Ordinance and each and every section, subsection, sentence, clause, or phrase not declared invalid or unconstitutional without regard to whether any portion of the ordinance would be subsequently declared invalid or unconstitutional.

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Packet Pg. 517 Attachment: Emergency Interim Zoning Ordinance - Wireless Facilities [Revision 1] (5611 : Emergency IZO Regarding Permit Requirements for 39 SECTION 6. The Mayor shall sign and the City Clerk shall attest to the passage of this Ordinance. The City Clerk shall cause the same to be published once in the official newspaper within 15 days after its adoption. This Ordinance shall become effective immediately upon adoption. Pursuant to Sections 615 and 619 of the City Charter, and Section 9.46.090 of the Municipal Code, for the reasons stated in the recitals above, the staff report accompanying this ordinance, oral and written testimony received by the City Council, and City Council discussion, the City Council declares this ordinance to be necessary as an emergency measure for preserving the public peace, health, and safety, with the result that this ordinance shall be introduced and adopted at the same meeting and shall become effective immediately upon its adoption.

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

APPROVED AS TO FORM:
_________________________

DOUGLAS SLOAN
City Attorney

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Packet Pg. 518 Attachment: Emergency Interim Zoning Ordinance - Wireless Facilities [Revision 1] (5611 : Emergency IZO Regarding Permit Requirements for ITEM 10.B. Introduction and adoption of an Emergency Interim Zoning Ordinance to Confirm the Applicability of Certain Zoning and Health and Safety Regulations to Wireless Facilities Subject to Santa Monica Municipal Code Chapter 9.32, Personal Wireless Service Facilities
March 14, 2023
Presenter:

Dr. Jonathan L. Kramer, Esq.

Senior Partner
Telecom Law Firm, PC

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Packet Pg. 519 Attachment: PowerPoint Presentation (5611 : Emergency IZO Regarding Permit Why this item, and why now?
• FCC largely preempts local regulations for most
types of over-the-air receiving antennas (“OTARD”)
• Current SMMC can be read to require some types
of permits/permitting processes that are federally
preempted by the FCC
• The item tonight immediately resolves the
ambiguity, clarifies that the City’s safety code
requirements apply, and sets the stage to allow the
City to engage in the normal process to amend the
SMMC

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Packet Pg. 520 Attachment: PowerPoint Presentation (5611 : Emergency IZO Regarding Permit What are OTARD antennas?
• TV antennas
• Wi-Fi antennas and fixed wireless Internet antennas
• Satellite dish antennas up to 1 meter in diameter

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Packet Pg. 521 Attachment: PowerPoint Presentation (5611 : Emergency IZO Regarding Permit What are not OTARD antennas?
• Cell towers of any type
• Transmitting AM/FM/TV/two-way radio antennas
• Anything which is not an OTARD-protected antenna

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Packet Pg. 522 Attachment: PowerPoint Presentation (5611 : Emergency IZO Regarding Permit The FCC OTARD Rules Do Not Prohibit . . .
• Nondiscriminatory, generally applicable safety code
regulations, and
• Nondiscriminatory protection of historical areas…
…but local regulations must be no more burdensome
than required to protect those interests.

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Packet Pg. 523 Attachment: PowerPoint Presentation (5611 : Emergency IZO Regarding Permit The FCC OTARD Rules do Prohibit . . .
“[a]ny restriction, including but not limited to any
state or local law or regulation, including zoning,
land-use, or building regulations, or any private
covenant, contract provision, lease provision,
homeowners' association rule or similar
restriction, on property within the exclusive use or
control of the antenna user where the user has a
direct or indirect ownership or leasehold interest
in the property that impairs the installation,
maintenance, or use of [OTARDs].”
47 C.F.R. § 1.4000(a)(1)

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Packet Pg. 524 Attachment: PowerPoint Presentation (5611 : Emergency IZO Regarding Permit Tonight’s Ordinance…

1. Makes very minor but necessary immediate
changes to the SMMC to clarify that OTARD
antennas are subject only to construction permits
by the City;

2. Meets the requirements of the FCC’s preemptive
rules;

3. Clarifies the applicability of the SMMC land use
planning table; and

4. Sets the stage to bring back permanent rules
through the normal process (Planning
Commission then City Council).

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Packet Pg. 525 Attachment: PowerPoint Presentation (5611 : Emergency IZO Regarding Permit

10.B.d
Packet Pg. 526 Attachment: PowerPoint Presentation (5611 : Emergency IZO Regarding Permit

10.B.d
Packet Pg. 527 Attachment: PowerPoint Presentation (5611 : Emergency IZO Regarding Permit

10.B.d
Packet Pg. 528 Attachment: PowerPoint Presentation (5611 : Emergency IZO Regarding Permit Proposed Interim Zoning Amendments

10.B.d
Packet Pg. 529 Attachment: PowerPoint Presentation (5611 : Emergency IZO Regarding Permit Proposed Interim Zoning Amendments

10.B.d
Packet Pg. 530 Attachment: PowerPoint Presentation (5611 : Emergency IZO Regarding Permit Proposed Interim Zoning Amendments

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Packet Pg. 531 Attachment: PowerPoint Presentation (5611 : Emergency IZO Regarding Permit City Council
Report
City Council Meeting: March 14, 2023
Agenda Item: 10.C
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To: Mayor and City Council
From: David Martin, Director, Administration
Subject: Introduction and First Reading of an Ordinance Amending the Text of the Zoning Ordinance to Establish an Outdoor Space Program to Allow Outdoor Commercial Activity on Privately-Owned Property and Other Minor Amendments Related to Emergency Response and Economic Recovery, Including Extension of Certain Permit Timeframes; Adoption of Resolution Establishing Fees for Permits Subject to Outdoor Space Program Recommended Action
Staff recommends that the City Council:

1. Adopt a finding of Categorical Exemption pursuant to Sections 15301 (Existing Facilities), 15303 (New Construction or Conversion of Small Structures), and 15304 (Minor Alterations to Land) of the California Environmental Quality Act (CEQA) Guidelines.

2. Introduce for first reading an ordinance to amend the text of the Zoning Ordinance to establish an Outdoor Space Program allowing outdoor commercial activity on privately-owned property and other minor amendments related to emergency response and economic recovery, including extension of certain permit timeframes.

3. Adopt Resolution establishing a fee review of applications subject to the Outdoor Space Program.

Summary
The temporary outdoor space on private property program is set to expire on June 30, 2023, unless further extended or permanently adopted. The Planning Commission reviewed the proposed permanent program at their January 25, 2023, meeting and voted 5-0 (2 absent) to recommend that the Council approve the program, with some revisions. The Planning Commission’s recommendations are detailed in the Discussion section of this report.

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In its review, the City Council should focus on whether the proposed zoning amendments establishing a permanent outdoor space on private property program are appropriate in providing the necessary continued economic support to existing Santa Monica businesses and new businesses seeking to expand their commercial activity outdoors, thereby contributing to the City’s economic vitality.

Additionally, staff recommends the Council codify the permit timeframe extension established pursuant to Emergency Interim Zoning Ordinance Number 2698 (CCS), which allowed an additional two (2) years added to all planning entitlements active as of March 13, 2020, which was when the COVID-19 emergency was declared, until December 31, 2022, due to unavoidable delays caused by the COVID-19 pandemic and to further economic recovery efforts. Although the permit timeframe extension IZO expired on December 31, 2022, codifying these provisions in the Zoning Ordinance is recommended for future referencing purposes to assist with establishing permit expiration dates for all projects granted the time extensions during this period of the COVID-19 pandemic moving forward.

The COVID-19 pandemic resulted in sudden closures and reduction in services throughout the Santa Monica business community. As part of the City’s economic recovery efforts, the City established the Santa Monica Temporary Outdoor Use Permit Program for businesses in accordance with State and County health emergency orders and social distancing requirements. Under this initial program, businesses applied to temporarily use areas within the public right-of-way including sidewalks, on-street parking spaces for parklets, portions of the Santa Monica Pier and Third Street Promenade, and private outdoor space for commercial activities. The program has supported a variety of businesses including restaurants, fitness, personal services, and retail within both public areas and within on-site surface parking lots or open space on privately-owned property of the subject business. Use of outdoor space in the public right-of-way has converted to the permanent Santa Monica Outdoors Parklet program and reversion to the existing sidewalk dining program. The focus of this report is establishment of a permanent use of outdoor space program located on private property

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as the last remaining area of outdoor spaces temporarily authorized during the pandemic.

The temporary outdoor program was established and has evolved through a series of emergency orders beginning on May 29, 2020 (Eighteenth Supplement to the Executive Order) and continued throughout the COVID- 19 pandemic, consistent with State and County health orders. Temporary outdoor use permits have been issued to businesses through a streamlined review process at no cost.

Background
Temporary Outdoor Space Program
On June 8, 2021, the City Council converted these enabling emergency orders into two Emergency Ordinances and adopted 1) Emergency Ordinance 2673 (CCS) authorizing the continued use of outdoor public space on sidewalks or streets via parklets (parklet program); and 2) Emergency Interim Zoning Ordinance (“IZO”) 2674 (CCS) adopting interim zoning regulations authorizing the continued use of outdoor space (private outdoor space program) located on privately-owned property for commercial activity.

Interim Zoning Ordinance 2674 also extended certain zoning changes necessary for continued emergency response and economic recovery, including, but not limited to, temporary permitted uses for emergency shelters, public safety facilities, and drivethrough facilities for COVID-19 testing and vaccination purposes; flexibility in issuance of temporary use permits; and flexibility in retail sales of alcoholic beverages, and offsite sale of alcoholic beverages by restaurants, consistent with emergency regulations issued by the California Department of Alcoholic Beverage Control (“ABC”).

On May 10, 2022, the City Council further extended the terms of both Ordinances and authorized the extension of fee waivers associated with monthly licensing fees for businesses using City-owned property or public right-of way for sidewalk use and parklets. Council subsequently adopted a permanent parklet program in July 2022 adding Chapter 6.42 Santa Monica Outdoors Parklet Program to the municipal code.

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Emergency Interim Zoning Ordinance 2704 (CCS) extended the private outdoor space program and interim zoning regulations through December 30, 2022.

On June 1, 2022, the Planning Commission adopted a Resolution of Intention, Resolution Number 22-012 (PCS), declaring its intention to consider recommending to the City Council that the City Council amend text of the Zoning Ordinance to establish an Outdoor Space Program to allow outdoor commercial activity on privately-owned property, and consideration of other zoning changes related to emergency response and economic recovery, including, but not limited to, amendments to allow for flexibility in offsite sales of alcoholic beverages by restaurants and to ensure consistency with expanded authorization to allow outdoor commercial activity on certain public outdoor spaces.

On October 11, 2022, the City Council further extended the term of the private outdoor space program and interim zoning regulations through June 30, 2023. This extension was granted to allow businesses to continue utilizing their private outdoor space while staff prepared a permanent private outdoor space program with zoning amendments that would enable such program.

Permit Timeframe Extension: IZO 2698 (CCS)
On January 25, 2022, the City Council adopted Emergency Interim Zoning Ordinance Number 2688 (CCS) amending SMMC Section 9.37.090 to codify two-year extensions for permits issued under the Zoning Ordinance as enacted through the Executive Order, to expand eligibility to permits issued through December 31, 2022 or issued pursuant to a complete application submitted through December 31, 2022, and to increase flexibility for an application of a first-time extension for those permits. On March 22, 2022, the City Council adopted Emergency Interim Zoning Ordinance Number 2698 (CCS) extending the interim zoning regulations established by IZO 2688 to December 31, 2022.

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Discussion
Planning Commission Recommendation
On January 25, 2023, the Planning Commission voted to recommend that the City Council adopt the proposed zoning amendments establishing a permanent outdoor space on private property program and other zoning changes related to economic recovery. The Commission expressed the importance of continuing to provide support to Santa Monica businesses following the COVID-19 pandemic, acknowledging the success of the City’s temporary outdoor space program, emergency orders, and interim zoning provisions supportive of economic recovery. The Commission was supportive of the proposed permanent outdoor space program and recommended a few changes to the draft program that would provide businesses with additional flexibility by not restricting the overall size of outdoor spaces or limiting the conversion of existing surface parking lots to accommodate outdoor spaces. Specifically, the Commission recommended the following changes to certain provisions within the draft program proposed by staff:

1. Allowable Size of Outdoor Space. The temporary program currently in effect does not include any size limitations on outdoor spaces for each eligible business. The temporary program provides flexibility in this manner where requirements are limited to ensuring ADA accessibility and that fire and building Code requirements associated with the buildings on the subject property are not impacted.

Staff Changes Originally Proposed to the Planning Commission: Based on business survey response and site inspections, the size of existing outdoor spaces established by businesses during the COVID-19 pandemic range from 300 to over 1,600 square feet in size. In balancing the use of existing surface parking lots consisting of parking, circulation, and loading, staff suggested a maximum size of 1,000 square feet per business and no greater than 50% of the existing surface parking lot may be converted to open space.

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Planning Commission Recommendation: While some Commissioners supported establishing a maximum size limit of 1,000 square feet per each business, the Commission voted to not restrict businesses with a size limitation and to not restrict existing surface parking lots with a maximum percentage of conversion.

The Commission believed that both provisions would be too restrictive for businesses to achieve practical outdoor spaces based on varying conditions of each surface parking lot. Additionally, based on the limited number of neighbor complaints during the COVID-19 pandemic on the temporary program related to the use of outdoor spaces or loss of on-site parking on private property, the Commission was not concerned with the need for establishing size limits of outdoor spaces or maintaining on-site parking. Instead, the Commission recommended that outdoor spaces shall have no size limit for each eligible business provided the outdoor space complies with Building Code, Fire Code, and objective transportation/circulation standards established in the Administrative Regulations for the Program by the Mobility Division. This recommendation is consistent with the current temporary outdoor space program which does not include size or parking conversion restrictions. This would allow for greater flexibility for staff to work with businesses in establishing outdoor spaces that work for both the business and overall safety in vehicular circulation of the site.

Staff agrees with the Planning Commission’s recommendation to not include a size limitation on outdoor spaces for each eligible business for the reasons stated above. This is reflected in the permanent program analysis in this report.

2. Conversion of Parking Spaces for Outdoor Spaces. As mentioned, the current temporary program does not include limitations on the number of parking spaces that can be converted for outdoor space, except that no ADA accessible parking spaces, associated access driveway aisles, or path of travel serving such ADA spaces may be converted or modified. Additionally, all required building egress or exit path to the public right-of-way shall be maintained, and the outdoor space is

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required to be sufficiently protected by installation of large planters or other appropriate barrier.

Staff Changes Originally Proposed to the Planning Commission: Staff had included a maximum conversion of existing parking lots not to exceed 50% of the existing parking spaces in conjunction with the maximum square footage of outdoor space allowed per business as stated above. This was intended to help balance the use of existing parking lots and address properties where multiple businesses are seeking outdoor space while ensuring that remaining unconverted portions of the lots provided adequate circulation. The draft provision included that an applicant may request to exceed this percentage in accordance with procedures currently established in the Zoning Code (pursuant to SMMC Section 9.28.180 Reduction of Required Parking) which includes but not limited to providing satisfactory evidence demonstrating that the number of maintained parking spaces is sufficient in meeting the parking demand of the site.

Planning Commission Recommendation: In efforts to simplify the review and to ensure that businesses can achieve workable outdoor space, the Commission recommended to not restrict the number of existing parking spaces that can be converted, considering the varying size and existing conditions of each parking lot. The Commission believed that outdoor spaces should be designed in a safe manner in coordination with ensuring adequate vehicle/loading circulation and accessibility with any remaining parking spaces. Therefore, the Commission recommended there should be no limit to the number of existing parking spaces that can be converted provided that the outdoor space complies with Building Code, Fire Code, and objective transportation standards established in the Administrative Regulations for the Program by the Mobility Division Staff agrees with the Planning Commission’s recommendation to not include a conversion of existing parking space limitation for the reasons stated above, except that accessible parking spaces (ADA spaces) shall be maintained as

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required by law. This is reflected in the permanent program analysis in this report.

Current Outdoor Space Program: IZO 2724 (CCS)
The subject zoning amendments are focused on establishing a permanent outdoor space program that continues to support outdoor commercial activity within on-site surface parking lots or other available open space on private property, continuing the support for business retention/expansion and economic recovery efforts following the pandemic.

The current Temporary Outdoor Space program has been critical in supporting businesses during the pandemic. Its overall success provides a new perspective on the City’s approach to its economic recovery moving forward. For current private outdoor space permits, parking requirements (except those relating to accessible parking) and maximum floor area ratio are temporarily suspended to the extent necessary to accommodate the temporary outdoor spaces and uses permitted under the IZO.

The current temporary program allows businesses (with minimal restrictions) to utilize on-site surface parking lots and other on-site open areas for expanded outdoor dining, fitness, personal service, or retail to help offset any pandemic-related indoor use restrictions or accommodate customer preference of being outdoors while encouraging social distancing. Currently, 94 local businesses have been issued temporary outdoor permits. 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. Similar to rules governing parklets under the Santa Monica Outdoors Parklet Program, table service and alcohol sales are permitted within these spaces. The program has supported a variety of other businesses including fitness and physical training, personal services including hair salons, and retail establishments.

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Staff evaluated the overall use of private outdoor space by businesses during the pandemic including business outreach and surveys, and site visits to determine which businesses are actively using their permitted outdoor space. Staff observed the existing conditions of these permitted outdoor spaces including general size and location, parking spaces converted, and the types of furnishings, shading devices, and the overall condition of any barrier, enclosure, or decking materials. Approximately 37 of the 94 local businesses issued a permit are still utilizing their permitted outdoor space. All other businesses did not have any outdoor areas visibly present at their sites at the time of survey, indicating they are no longer using their outdoor space. Relaxed indoor safety protocols have likely attributed to this reduction. The survey also indicated the closure of some business.

Staff’s evaluation informed the development of appropriate standards considering the size and location of permitted outdoor areas, parking needs, building/fire accessibility, and operational requirements to ensure neighborhood compatibility, particularly on sites abutting residential districts. Potential changes to certain development standards such as floor area ratio and parking requirements has been evaluated, in addition to possible operational requirements for these outdoor spaces to ensure overall neighborhood compatibility. The intent of the permanent program is to continue to provide businesses with the necessary flexibility in utilizing surface parking lots or other open areas on-site for commercial activity, while addressing Building Code requirements and Zoningrelated policies.

This proposal involves zoning amendments to certain development standards including, but not limited to floor area ratio and parking, and the addition of new outdoor space standards consisting of operational requirements for these outdoor spaces to ensure overall neighborhood compatibility with adjacent land uses.

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Analysis
Business Outreach: Survey and Site Evaluations
Surveys were provided to businesses participating in the program to solicit feedback on evaluating business needs and the conditions of existing outdoor spaces established under the temporary program. The intent of the survey was to understand the effectiveness of the current program and business interest in maintaining their outdoor space under a permanent program moving forward. Businesses provided positive feedback on the program and expressed the importance of their outdoor space to their business operations.

On August 3, 2022, staff distributed a virtual survey to 94 businesses currently permitted under the temporary private outdoor space program. Staff received 24 responses over the two-week survey period. The results of the survey helped inform the proposed standards for the subject program. Survey feedback is summarized in the findings below:

Of the 24 respondents, 20 use the space for a restaurant use, two use the space for fitness use, one is for general personal services, and one is for a bar use.

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Survey: Types of Uses of Current Temporary Outdoor Space Permits The survey results show that a majority of the operators (66%) use their private outdoor space almost daily, with the remainder of the operators (33%) use their space weekly.

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Survey: Current Usage of Temporary Outdoor Spaces
The size of the outdoor spaces range from 300 square feet and to over 1,600 square feet, as shown in the figure below.

Survey: Size of Outdoor Spaces

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A majority (81%) of the outdoor spaces provide 17 or more additional seats in their private outdoor areas. Of these operators that provide 17 or more seats, 9 (64%) of them are 1,000 SF or greater. Additionally, restaurants make up for a majority of the operators that occupy at least 1,000 (72%), and a majority of the operators that provide at least 17 seats (80%).

Survey: Number of Seats within Outdoor Spaces / Percentage of Businesses Based on the results of the survey, and from site visits to existing operators, staff originally proposed a maximum outdoor area of 1,000 square feet per operator intended to provide a balance of uses within these surface parking lots including overall circulation, loading, and access to existing parking. Although operators have the flexibility to propose these outdoor spaces in any combination of common open space on the site, it is expected based on the temporary program that a majority will occupy the surface parking lots associated with the commercial use. Allowing 1,000 square feet of parking area is equivalent to approximately 6-7 standard parking spaces and aligns with current operations of private outdoor use areas. However, the Planning Commission believed such requirement would be too restrictive for businesses to

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achieve workable outdoor spaces based on varying size and conditions of each surface parking lot. Consistent with the temporary outdoor program where businesses established their outdoor spaces according to their needs with no size limitations, the Commission believed this approach should be maintained based on the varying sizes of outdoor spaces established during the Pandemic, and the overall positive performance of the temporary program. To ensure that the permanent program accommodates business needs, the Commission recommended to not include a size limitation. As stated above, staff concurs with the Planning Commission’s recommendation, and this is reflected in the proposed ordinance.

Staff also received feedback on business interest in making future improvements to their outdoor space in terms of constructing permanent railings or structures. Many existing permit holders expressed interest in adding planter boxes to use as enclosures, temporary floor covering like artificial turf, canopies or other shade devices, and ambient lighting.

Survey: Business Interest in Design Improvements
The complete survey results are provided as an attachment to this report.

During the pandemic, the City’s emergency orders authorized the temporary use of certain City-owned parking lots, parks, and the Pier specifically for outdoor fitness under lease agreements. This was in response to the immediate need for outdoor fitness

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during County restrictions on indoor activity and to provide additional designated fitness areas other than the beach and parks supporting the City’s Park Fitness Permit Program. A few fitness operators expressed interest in using privately-owned surface parking lots for outdoor fitness. Proposals involved leasing underutilized public parking lots from private owners and operating outdoor fitness instruction and classes.

However, the temporary private outdoor space program goals are focused on supporting the recovery of existing local businesses operating within commercial buildings where outdoor space is ancillary to the primary indoor space. As such, program eligible businesses are required to have leased space within a physical commercial building, and therefore businesses operating entirely outdoors on underutilized surface parking lots is not permitted.

As part of the permanent program, staff considered the possibility of allowing outdoor fitness use on privately-owned commercial parking lots. However, the Zoning Code has historically prohibited business from solely operating outdoors on private property for compatibility reasons and to ensure such business activity does not impact surrounding uses and neighborhoods. Allowing businesses to operate solely outdoors could result in operation-related noise impacts to adjacent commercial or residential uses. Also, such allowance could unfairly impact competing fitness and exercise businesses (financially) leasing space within existing buildings in accordance with current zoning requirements.

While staff views outdoor fitness as beneficial to the community, it would be more appropriate for outdoor fitness spaces to be ancillary in size and in support of a larger primary space within an enclosed building to ensure neighborhood compatibility. Also, due to the reduction in County health and safety protocols, staff has not received additional inquiries to specifically operate fitness in this manner.

Furthermore, there are other options for outdoor fitness uses under the City’s Park Fitness Permit Program which allows fitness instruction in designated areas of the beach and public parks. Staff had also received inquiries about generally allowing uses to occupy underutilized parking on sites developed with commercial buildings. However, for these similar reasons, staff does not recommend a provision to allow businesses to solely operate business outdoors on underutilized parking lots. Accordingly, as aligned

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with the temporary program, proposed outdoor spaces would be ancillary to the primary use operating within a building located on the same or adjacent parcel. The Planning Commission did not provide any comments contrary to staff’s recommendation on this item.

Temporary Outdoor Program Evaluation and Inter-Departmental Review Based on the outreach conducted to businesses and inter-departmental coordination with relevant City divisions, staff has assessed the current operation of the temporary outdoor space program and proposes certain changes to improve the program as it transitions from temporary to permanent.

Since the start of the temporary program, economic recovery staff including Planning, Mobility, Building and Safety, Resource, Recovery and Recycling (RRR), and Economic Development Divisions have been in close coordination to address any safety issues and community concerns. Staff has also provided assistance to address business needs during the pandemic.

Economic Development Division
The Temporary Outdoor Space Program has been critical in supporting business recovery during the pandemic. The proposed program intends to provide continued flexibility for businesses to utilize outdoor space while also ensuring that uses are compatible with their surroundings. As discussed above, fitness operators had expressed interest to Economic Development staff to operate solely outdoors on underutilized surface parking lots. At this time, due to a reduction in County health protocols associated with the pandemic, diminished interest from fitness operators, and inconsistency with Zoning Ordinance regulations, staff does not see an immediate need to permit or address this in the permanent outdoor space program.

Mobility Division
Planning staff coordinated with the Mobility Division to ensure that any concerns raised associated with parking, loading, or circulation are addressed in the regulations for the permanent program. As part of the economic recovery team, mobility staff has not

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experienced any explicit issues or complaints regarding parking availability or with the operation of outdoor spaces authorized during the temporary program. With the proposed program, and as recommended by the Planning Commission, mobility staff would review proposed outdoor spaces and establish standards to ensure that outdoor spaces are designed to minimize impacts to loading, parking, and overall parking lot circulation. This would allow for greater flexibility allowing staff to work with businesses in establishing workable outdoor spaces while ensuring the overall safety and circulation of the site. To address these concerns, Mobility would establish the following:
▪ Require a Parking and Loading Operations Plan (PLOP) for any outdoor space that may impact the loading area;
▪ Ensure the safety of outdoor spaces where customers or staff would have to cross an alley to access the outdoor space;
▪ Prohibit the removal of curb cuts necessary for access to active parking areas; ▪ Require the closure of curb cuts where outdoor spaces block existing, underutilized curb cuts;
▪ Require bollards or other safety features, as deemed appropriate.

Building and Safety Division
Building and Safety requirements for the temporary program will generally remain consistent moving forward as information on permitting and plan review would be included in the Administrative Regulations for the new permanent program. As further described in the next section, these standards and regulations for the design of outdoor spaces include but not limited to accessibility, railing height, canopies, electrical, and lighting. Staff would prepare review procedures and informational tools for businesses on building permit thresholds and any upgrade requirement to existing facilities in an Outdoor Space Manual later discussed in this report.

Resource, Recovery, and Recycling (RRR)
RRR staff has not experienced any major issues with the existing operators with private outdoor space under the temporary program. Staff would continue to review applications to ensure that refuse operations including but not limited to clearance and overall driveway visibility are not impacted by new outdoor proposals.

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Comparison of Current and Proposed Program Standards
The current temporary program was established to be flexible with minimal zoning requirements considering indoor health and safety restrictions on indoor usage throughout the pandemic. As part of the City’s economic recovery efforts and business retention, program requirements were based primarily to address fire, life, and safety issues, consistent with the evolving county health and safety requirements. Therefore, the typical zoning standards including, but not limited to allowable size, location, parking, and operating hours were not required.

The permanent program maintains this similar approach in encouraging business to utilize outdoor space as shown to be important for businesses retention during the pandemic. Accordingly, while the proposed program maintains flexibility for businesses, staff proposes additional performance and operational standards to ensure these outdoor spaces do not significantly impact the site and its surroundings, do not create parking circulation conflicts, and are compliant with fire and Building Code requirements.

Below is a summary of the existing temporary program requirements and the proposed changes in the permanent program:

1. Permitted Uses: Eligible Commercial Activity within Outdoor Space. Limited to non-residential zoning districts. Allowable commercial uses are based on the underlying zoning district, except that auto repair/service and liquor stores are explicitly prohibited. The outdoor spaces are accessory to a legally established business that is located on the same parcel or an adjacent parcel. Allowable commercial uses would remain based on the underlying zoning district and the outdoor use would remain as an ancillary component to an established business on-site or on an adjacent parcel provided its under common ownership.

Proposed Changes: Requirements would remain generally the same, however with a few additional amendments and clarifications. The program would add

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Animal Care, Sales and Services (i.e., grooming, kennels, and pet day care services) as ineligible uses. Clarifications include that eligible outdoor spaces may be located on existing surface parking lots supporting on-site commercial uses even though such parcels may be zoned residential, subject to the standards established in the program. For example, there are approximately 65 sites developed with existing commercial parking lots that currently serve the commercial buildings on-site that are zoned either R1, R2, R3, or with an A-lot overlay, as shown in the map below. These parcels are directly behind the commercial buildings facing the boulevards and adjacent to residential to the rear. These surface parking lots have historically been utilized for parking that supports the on-site commercial uses. The proposed change would allow commercial activity on these parking lots.

Figure 1: Residentially zoned parking lots adjacent to commercial

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2. Floor Area Ratio and Parking Requirements Suspended. To enable and accommodate the use and flexibility of outdoor spaces, zoning requirements including floor area ratio, and parking were suspended for the temporary program. Consistent with ensuring there is flexibility and overall equity for businesses to achieve outdoor space, outdoor space would be exempt as floor area, floor area ratio, and from parking requirements for existing and new outdoor spaces.

Proposed Changes: Sections of the Zoning Ordinance would be updated to exempt outdoor spaces permitted pursuant to this program from floor area, floor area ratio, and parking requirements. As such, outdoor spaces established pursuant to this program will not be considered an expansion of a use and will not require additional parking or count towards maximum floor area ratio. These proposed changes remove the burden of providing additional parking for the outdoor space and ensure that any legal non-conforming uses may participate in the program.

Assembly Bill (AB) 2097: Effective January 1, 2023, AB 2097 eliminates minimum parking requirements for any residential or commercial development within a half-mile of a major transit stop, as shown on figure 1 below:

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Figure 2: ½ mile radius from major transit stops, per AB 2097 Although there are some commercial zones that are outside of the ½ mile radius minimum parking exemption per AB 2097, many of the commercial boulevards and areas of the City are within the radius where projects are exempt from minimum parking requirements. Consistent with the intent of AB 2097, the program would provide flexibility in overall parking whereas eliminating existing parking for the purposes of converting such area for outdoor activity would be allowed up to a certain percentage, and parking would not be required for the expanded outdoor space.

Based on the business surveys, businesses had expressed the need for outdoor space and did not express concerns that the reductions of on-site customer parking were impacting their business. Additionally, through the pandemic, the City’s economic recovery staff had not received complaints about parking issues due to the outdoor space program allowances resulting in the loss of on-site

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parking. The City has received few temporary outdoor space permit applications within the last year suggesting that most of the City’s businesses interested in the program may be accounted for. As such, staff does not anticipate a significant increase in new applications upon the program’s adoption. Also, a majority of the businesses participating in the temporary program are located on streets that do not qualify under the Parklet Program due to traffic speeds and therefore commercial street parking remains available for these businesses.

3. Allowable Size of Outdoor Space. Currently, there are no size limitations on outdoor spaces. The temporary program provides flexibility in this manner where requirements are limited to ensuring ADA accessibility and that fire and building Code requirements are not impacted.

Proposed Changes: Based on business survey response and site inspections, the size of existing outdoor spaces range from 300 to over 1,600 square feet in size. As mentioned, the Planning Commission recommended that outdoor spaces shall have no size limit for each eligible business provided the outdoor space complies with Building Code, Fire Code, and objective transportation/circulation standards established in the Administrative Regulations for the Program by the Mobility Division. Staff also proposes that any outdoor space provided in the parking lot be a single, contiguous area per business.

4. Conversion of Parking Spaces for Outdoor Spaces. There are currently no limitations on the number of parking spaces that can be converted for outdoor space, except that no ADA accessible parking spaces, associated access driveway aisles, or path of travel may be converted. Additionally, all required building egress or exit path to the public right-of-way shall be maintained, and the outdoor space is required to be sufficiently protected by installation of large planters or other appropriate barrier.

Proposed Changes: As recommended by the Planning Commission, no changes are proposed. The Commission believed that outdoor spaces should be designed

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in a safe manner in coordination with ensuring adequate vehicle/loading circulation and accessibility with any remaining parking spaces. As mentioned, the Commission recommended there should be no limit to the number of existing parking spaces that can be converted provided that the outdoor space complies with Building Code, Fire Code, and objective transportation standards established in the Administrative Regulations for the Program by the Mobility Division

5. Location Requirements: Outdoor spaces may be established by converting surface parking areas or any common open areas on-site including courtyards and roof areas. Currently, there are no setback requirements for outdoor spaces from adjacent land uses such as residential.

Proposed Changes: A new setback requirement for the outdoor space of at least 15 feet as measured from the property line abutting residential uses is being proposed in order to mitigate the potential impacts of outdoor spaces on residential uses. Outdoor spaces would be clear of driveways, drive aisles used to access active parking spaces, loading areas, and ADA required parking.

6. Decks, Canopies/Structures, and Heaters: Building permits are required for the construction of any decks or platforms exceeding certain size and height thresholds. Additionally, temporary canopies exceeding 700 square feet in aggregate size and or placed within 12 feet of any building requires approval of a Fire permit. Also, Fire permits are required for the use of electric or propane heaters which include restrictions when using in conjunction with temporary canopies/tents.

Proposed Changes: No changes are proposed that would alter the building permit thresholds for deck or platform construction, or the need for businesses to obtain fire permits when using electric or propane heaters. Although the temporary program has allowed the use of temporary canopies or pop-up tents during the pandemic to promote immediate economic recovery, staff

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recommends prohibiting the use of temporary tents or canopies as permanent fixtures. The current program includes Fire and Building Code requirements for temporary canopies, however the use of permanent structures with fixed foundations and adequate fire rating is recommended from a safety perspective.

Permanent trellis or shading canopy structures would require permanent foundations and would address fire concerns associated with temporary pop-up canopies. During winter seasons, temporary canopy/tents may be approved through issuance of a fire permit on a temporary basis. Furthermore, requiring permanent railings, shade structures, fixtures, or related materials integrated with the existing building or site is consistent with pre-pandemic requirements for outdoor spaces, subject to staff-level architectural review.

Building and fire permit requirements for heaters, decks, canopies, and related structures would be established within the Administrative Regulations as described below.

7. ADA Access and Building Egress: Outdoor spaces are subject to ADA requirements, including egress for existing buildings and for new outdoor spaces.

ADA access and building egress requirements will be established in the Administrative Regulations.

Proposed Changes: No changes are proposed.

8. Hours of Operations: Operating hours for outdoor spaces are currently based on the business’s operating hours prior to the pandemic.

Proposed Changes: Staff recommends establishing operating hours for specific uses including restaurants and fitness/physical training within outdoor spaces in efforts to ensure the neighborhood compatibility with adjacent land uses.

Additionally, to ensure operational consistency, the closing hours specified for restaurants aligns with the established hours for outdoor alcohol service

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conditioned in Alcohol Exemption entitlements. Specifically, staff recommends the following operating hours:
▪ Restaurants: 8am-11pm
▪ Fitness/Physical Training: 7am-7pm
Establishing operating hours are intended to minimize noise and activity from nearby sensitive uses such as residential. Consistent with the current zoning Code which allows any restaurant serving alcoholic beverages to seek an alcohol Conditional Use Permit (CUP) instead of an Alcohol Exemption permit, a restaurant may also seek extended outdoor operating hours by applying for an alcohol CUP, subject to Planning Commission consideration.

9. Noise. Outdoor spaces are subject to the City’s Noise Ordinance. Additionally, all forms of speaker amplification are prohibited.

Proposed Changes: No changes are proposed. Staff recommends additional clarification to prohibit the use of televisions or similar screen projectors within outdoor spaces to ensure amplified noise is contained indoors.

10.Alcohol Use. Restaurants are required to obtain all required alcohol permits or approval from the City (Alcohol Determination, Alcohol Exemption, or Conditional Use Permit) and from the Alcohol Beverage Control (ABC).

Proposed Changes: No changes are proposed.

11.Administrative Regulations. The program would include a provision for the Director of the Community Development Department to establish administrative regulations to implement the requirements of the program. The administrative regulations would include, but not be limited to, specific fire department and building Code requirements, design standards for decks, barriers, shading

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devices, lighting, and furniture, and additional operating conditions for conducting the outdoor space activity authorized by the program. Below is a summary of requirements to be established:
• Building Code and Permit Requirements and Standards for the following:
o Structures, shading devices, decks, decorative lighting, electrical, plumbing, or mechanical connections.
o ADA requirements, including building accessibility and maintaining accessible parking spaces.
o Similar to the Parklet Program, wastewater fee requirements are applied only in situations where a restaurant increases seat capacity (i.e., net increase in seats). Also similar to the Parklets Program for businesses transitioning from their temporary to permanent outdoor space permits, the program would offer a similar three-year payment plan on any wastewater fee
requirements for existing restaurant permit holders only, with the payment option available through the renewal period ending March 31, 2024.
• Fire Department Permit Requirements and Standards for the following:
o Temporary canopies.
o Propane and electric heaters.
• Mobility Division Requirements and Standards for the following:
o Driveway clearances and overall visibility and safety. o Parking and Loading Operations Plan (PLOP).
o Overall review of parking lot access and circulation. • Design Standards:
o Barriers/Railings
o Permanent canopies or sunshade devices.

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o Allowable furnishings (tables, seating, umbrellas, flooring, exercise equipment, etc.)
o Lighting fixtures
o Signage
Santa Monica Pier
The current temporary program allows for conversion of pier areas not a part of the primary Pier deck driveway/walkway public right-of-way, which is subject to the sidewalk dining program. The proposed program would continue to allow outdoor spaces on the Pier in these areas, however staff recommends fewer restrictions for these spaces due to the uniqueness of the Pier layout and considering the Pier is not in proximity to residential uses. As with all proposals for the Santa Monica Pier, any outdoor spaces would be reviewed by the City’s Pier and Beach Administrator, in coordination with the Santa Monica Pier Corporation to determine the appropriate size and location.

Pier businesses would be subject to the program requirements, except for the following standards:
▪ Maximum Size: No size restrictions are proposed. The appropriate size of the outdoor space would be determined by City staff and the Santa Monica Pier Corporation.
▪ Location: No setback requirements are proposed since the Pier is not located in proximity of sensitive land uses such as residential.
▪ Hours of Operations: No separate hour restrictions are proposed for the outdoor spaces.
▪ Conversion of Parking Spaces: This standard would not apply since businesses do not have their own private parking areas on the Pier.

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Existing Non-Conforming Uses
Existing businesses that are considered legal non-conforming uses would also be eligible for the program. This would include uses that were legally established however are non-conforming as a land use that is no longer permitted in the district or if the business lacks the required planning entitlement approvals such as a Conditional or Minor Use Permit.

Pursuant to SMMC Section 9.27.050 Legal Non-Conforming Uses, such uses would not be able to expand in size or intensify business operations. Existing uses that are no longer permitted in the district would not be able to expand, while non-conforming uses without proper land use entitlements would need to obtain their required permits in order to expand operations.

Consistent with the City’s economic recovery efforts in retaining existing businesses, staff believes that legal non-conforming uses should also be eligible for the outdoor space program. Flexibility on allowing non-conforming uses to expand under the program would support these businesses currently restricted from making necessary improvements such as having outdoor space, in response to the pandemic.

Furthermore, the proposed program standards including location, and operating hours would be in place to ensure the compatibility of outdoor activity with nearby uses. As such, staff believes the limited expansion allowed under the program would not be detrimental and would further provide support to Santa Monica businesses.

As discussed, outdoor space would be exempt as floor area and floor area ratio (FAR).

Accordingly, since the outdoor space would not be considered floor area, the added space would not be considered an intensification of the use and such businesses would not be restricted by the non-conforming section of the Zoning Code.

Existing Businesses with Temporary Outdoor Space Permits Existing businesses would be able to retain their existing permitted outdoor spaces in compliance with their permits (issued via City Grows/Clear Forms) and temporary program requirements. New outdoor space permits would be required for businesses

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seeking modifications including size expansions or relocations of their outdoor space, subject to new program requirements. Whether a business elects to retain their permitted outdoor spaces or seek modifications resulting in intensification, businesses would be required to submit plans with the City for review.

Permit Renewal Process for Existing Temporary Outdoor Space Permit Holders The program would require that existing permit holders renew their permits by filing for a permanent outdoor space permit through a Zoning Conformance Review. Renewal application fees would not apply. Businesses would submit plans to reflect the outdoor space they were originally permitted during the temporary program to establish a record of plans with the City since drawings were not required as part of the temporary outdoor space permits issued during the pandemic. The City would ensure that all existing outdoor spaces are in compliance with building and fire Code requirements and that businesses have obtained required permits as required by the temporary program.

Outdoor space application review fees would be waived for existing businesses renewing their permits. Existing permit holders seeking modifications to their permits resulting in an intensification of the outdoor space would be required to obtain a new permit, subject to the new standards.

Permits Renewed by March 31, 2024
Existing permit holders would have until March 31, 2024 to renew their permits. This would provide existing businesses with adequate time to prepare drawings and file their application to obtain their permanent permit. Existing permit holders who do not renew prior to this date would need to apply for a new outdoor space permit, subject to the new adopted standards and requirements. Staff will continue business outreach providing updates on the permanent program leading up to and following Council adoption. Staff is in process of preparing the administrative regulations and informational tools for businesses on the program, including an Outdoor Space Manual, similar to the SM Parklets Manual produced by staff for the parklet program.

Renewal applications will be accepted on the effective date of this Ordinance (30 days after second reading of this Ordinance). Staff will continue business outreach to existing

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permit holders to support businesses in submitting their renewal applications by October 31, 2023 to allow for sufficient processing time by the City prior to the March 31, 2024 renewal date.

Establishment of SMMC Section 9.31.199, Outdoor Commercial Uses on Private Property
Chapter 9.31 Standards for Specific Uses and Activities would be amended with the addition of Section 9.31.195, Outdoor Commercial Uses on Private Property that would include the program requirements.

Consistency with Existing Zoning Ordinance
In addition to the new establishment of Section 9.31.195, Outdoor Commercial Uses on Private Property, the following existing ordinance sections would be amended for consistency with the proposed program.
▪ 9.04.080 Determining Floor Area
Floor area exclusions established in this section would be amended to include outdoor square footage pursuant to the proposed outdoor space program. ▪ 9.04.090 FAR Determining Floor Area Ratio
Floor area ratio exclusions established in this section would be amended to include outdoor square footage pursuant to the proposed outdoor space program. ▪ 9.27.050 Legal Non-Conforming Uses
Restriction that a non-conforming use is not permitted to expand in area would be amended where the square footage of the outdoor space allowed pursuant to the proposed outdoor space program would not be considered an expansion of an existing non-conforming use.
▪ 9.28.040(A)(4) Calculating Off-Street Parking and Loading Spaces Parking exclusions established in this section would be amended to include outdoor square footage pursuant to the proposed outdoor space program.

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▪ 9.31.200 Outdoor Dining and Seating
This existing section establishes outdoor dining and seating standards for eating and drinking establishments when associated with sidewalk dining. This section would remain but would be amended with updated language to specifically apply to outdoor space proposed along the sidewalk public right-of-way and amended to provide consistency in waiving parking requirements for any outdoor dining areas.

Zoning Conformance Review – Application Fees
A fee resolution is proposed to establish an application fee for a Zoning Conformance Review for Outdoor Spaces. A one-time application fee would apply to new permit applications or modifications to existing outdoor space permit applications. Once approved, permits would not be required to be renewed thereafter. As discussed, existing businesses with a temporary outdoor space permit issued during the pandemic will be required to renew their permit initially to make their temporary permits permanent, and will not be charged this application fee to covert their existing permits.

Staff recommends the establishment of a Zoning Conformance Review fee for outdoor space applications of four hundred thirty-three dollars and thirty-two cents ($433.32) excluding any applicable building permit, fire permit, wastewater fees for restaurants, as required for the Parklet Program, or Architectural Review Board fees. This fee amount is based on plan reviews performed by the City’s Mobility Division ($247.02), Planning Division ($107.52), and Resource Recovery and Recycling Division ($78.78). These rates are consistent with the Parklet Program review fees..

Other Zoning and Land Use Related Changes
Other Changes Related to Emergency Response and Economic Recovery: IZO 2724 (CCS)
A range of zoning and land-use related changes were made throughout the pandemic through emergency orders. The interim zoning regulations extended and amended by

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IZO 2724 include the following allowances that have helped to facilitate emergency response and support business recovery. Based on the current relaxing of state and county health and safety protocols, staff recommends the following zoning changes related to emergency response and economic recovery expire on June 30, 2023, as established by IZO 2724.
• Permitted Use in all Zoning Districts: Public Safety Facilities and Emergency Shelters. This allowance provided flexibility in establishing uses related to health and safety supportive of emergency response and the pandemic recovery. Based on current state and county health and safety protocols with the State’s COVID State of Emergency ending on February 28, 2023, this provision would terminate.

Although this provision would sunset with the IZO, staff will further evaluate other mechanisms to reestablish the allowance of emergency shelters within the context of the City’s local emergency declaration for homelessness in light of new state legislation requirements and may seek further direction from Council, as needed.
• Drive-through facilities only for COVID-19 testing and vaccination purposes at hospitals, clinics, and pharmacies. The Zoning Ordinance prohibits new drivethrough facilities. This special exception was necessary to allow the establishment of testing and vaccination sites remain ongoing and some level of demand is anticipated to continue. Many of these facilities were established within tented parking spaces where tests or vaccinations are administered while patients remain in their vehicles. While the level of demand for testing and vaccination sites are declining, indoor health or pharmacy facilities can accommodate demand whereas there is less demand for temporary drivethrough facilities necessary during the pandemic. Therefore, this allowance is unnecessary at this time.
• 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

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permit period up to 180 days provided flexibility for outdoor temporary uses supportive of economic recovery efforts and consistent with social distancing practices during the pandemic recovery along with the associated permit fee waivers. As indoor masking and social distancing requirements have declined, so has the need and demand for temporary outdoor uses through a Temporary Use Permit. Examples of prior temporary uses utilizing this provision during the pandemic included outdoor drive-in theaters and pop-up outdoor retail events.

Eliminating the waiver of a Minor Use Permit for these temporary use permits valid for up to 180 days would be appropriate at this time. Although this provision will expire, staff contemplates amending this section in the Zoning Code with a similar provision in the near future.
• Off-site alcohol sales for restaurants, and flexibility in retail sale of alcoholic beverages, consistent with the State Alcoholic Beverage Control (ABC) requirements. The Alcoholic Beverage Control now allows off-sale privileges for restaurants and breweries as a result of the pandemic. This provision recognized this expansion of alcoholic beverages “to-go” as allowed by the State and allowed such privileges for restaurants, breweries, etc. consistent with ABC requirements. Therefore, no changes are necessary at this time as this is already mandated by the State.

Extension of Permit Timeframes: IZO 2698
Pursuant to SMMC Section 9.37.090, unless otherwise provided by the Council and/or Planning Commission, planning entitlements have two years to exercise rights, typically obtained by issuance of a building permit or commencement of a use, as applicable.

Special timelines apply for housing projects that have received City, State, or Federal funding and include at least 50% of units affordable to low-income households (three years), and all projects in the Coastal Zone receive an additional six months.

Interim Zoning Ordinance 2698 allowed for an additional two (2) years added to all planning entitlements active as of March 13, 2020, which was when the COVID-19 emergency was declared, until December 31, 2022. The additional two years to

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exercise rights codifies extensions granted by emergency orders due to unavoidable delays caused by the COVID-19 pandemic and further allows applicants additional time to proceed with their projects due to the economic impacts of COVID-19, which has affected business operations and the construction industry. This IZO expired on December 31, 2022.

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

Although the permit extension IZO expired on December 31, 2022, staff recommends codifying this permit timeframe extension in the Zoning Ordinance for future referencing purposes to assist with establishing permit expiration dates for all projects granted the time extensions during this period of the pandemic moving forward. The proposed amendments wound (a) extend deadlines to exercise and continuously pursue the rights granted under planning entitlements, permits and approvals issued; (b) allow applicants for planning entitlements, permits and approvals issued and still active to request a First Time Extension or Other Extension pursuant to SMMC Sections 9.37.090(C)(1) and

9.37.090(C)(2) at any time at least 30 days prior to the expiration of the permit generally starting in March 2020 and ending in December 2022.Staff has included changes to SMMC Section 9.37.090 as provided in attached Ordinance, reflecting the effectiveness of the IZO provision during the pandemic.

Environmental Analysis
The proposed amendments establishing standards and requirements for outdoor space located on private property, amendments to existing Zoning Ordinance sections for consistency, and amendments codifying permit timeframe extensions established

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pursuant to Emergency Interim Zoning Ordinance Number 2698 (CCS) supporting economic recovery are categorically exempt from the provisions of the California Environmental Quality Act (CEQA) pursuant to Sections 15301, 15303, and 15304 of the CEQA Guidelines.
• Section 15301 of CEQA Guidelines provides (Class 1 Existing Facilities) exemption for the operation, repair, maintenance, permitting, or minor alteration of existing public or private structures, facilities, mechanical equipment or topographical features, involving negligible or no expansion of use beyond that existing at the time of the lead agency's determination. Projects that fall into this class of exemption include alterations to existing streets, sidewalks, gutter, bicycle facilities, and other similar facilities and additions of safety or health protection during for use in conjunction with existing facilities. The proposed amendments would allow alterations to private property for outdoor space use. Therefore, the project falls into the Class 1 exemption. • Section 15303 of CEQA Guidelines provides (Class 3 New Construction or Conversion) exemption for the conversion of existing small structures from one use to another where only prior modifications are made to the exterior. The amendments would provide for new construction and/or conversion of outdoor space. Therefore, the project falls into the Class 3 exemption.
• Section 15304 of CEQA Guidelines provides (Class 4 Minor Alterations to Land) exemption for minor public or private alterations in the condition of land, water, and or vegetation which do not involve removal of healthy, mature, scenic trees. New outdoor space established as a result of the amendments would install amenities including landscaping and paving. Therefore, the project falls into the Class 4 exemption.

In addition, none of the exceptions specified in Section 15300.2 of CEQA Guidelines would apply that would preclude the use of these CEQA exemptions - The project site is not located in a sensitive environment, the project will not have a significant effect on the environment due to unusual circumstances, the project would not damage scenic resources, the project would not be located on a hazardous waste site; and the project would not cause a change to a historical resource. Therefore, this project is categorically exempt per Sections 15301, 15303, and 15304 of the CEQA Guidelines.

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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 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 establishing standards and requirements for outdoor space supports 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 encouraging the commercial use of outdoor space. The proposed amendments are consistent with citywide goals and policies related to maintaining a diversified and sustainable economy. Consistent with Goal E1 which seeks to create an economic base that satisfies the commercial needs of the City’s residents while providing employment opportunities and a strong fiscal infrastructure for the City and consistent with Policy E1.1 which states to make land use decisions that respond to changing market conditions and meet the needs of City residents and visitors, the proposed amendments will encourage the commercial use of outdoor space to meet the economic needs for business retention and the establishment of new business as part of the City’s economic recovery efforts following the current pandemic. Furthermore, consistent with LUCE goals and policies, permit timeframe extensions are necessary due to the devastating impact the pandemic-mandated closures and limitations have had on the local economy,

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and necessary to stimulate economic recovery to protect the public health, safety, and welfare of the City.

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 while ensuring the protection of neighborhoods following the current Pandemic. Additionally, the permit timeframe extensions are necessary to promote the growth of the City and protect the public health, safety, and general welfare by assisting with unavoidable delays in project development and processing caused by the Pandemic.

Financial Impacts and Budget Actions
There is no immediate financial impact or budget action necessary as a result of recommended action. Staff will return to Council if specific budget actions are required in the future.

Establishing the permanent outdoor space program on private property would generate revenue from Planning application fees and possibly plan check, building permit, or fire permit fees based on proposed improvements warranting permits. This revenue is necessary to recover the costs of reviewing and processing permits. Current Temporary Outdoor Space permit holders renewing their permits to transition from temporary to permanent status will not be charged a Planning application fee.

Accordingly, permit renewal applications would not result in fees generated. However, new outdoor space proposals or modifications to existing permits resulting in an intensification of outdoor space would be subject to the proposed Zoning Conformance Review application fee of four hundred thirty-three dollars and thirty-two cents ($433.32) generating fees moving forward.

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

A. CDD-Ord-Private Outdoor Space 031423
B. CDD--Fee Resolution--Zoning Conformance for Private Outdoor Space 031423 C. Business Outreach Survey Results (August 3, 2022)
D. Written Comment
E. PowerPoint Presentation

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1 City Council Meeting: March 14, 2023 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 TO ESTABLISH AN

OUTDOOR SPACE PROGRAM ALLOWING COMMERCIAL ACTIVITY ON

PRIVATELY-OWNED PROPERTY AND OTHER AMENDMENTS RELATED TO

EMERGENCY RESPONSE AND ECONOMIC RECOVERY, INCLUDING, BUT NOT

LIMITED TO, EXTENSION OF CERTAIN PERMIT TIMEFRAMES
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, 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

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Packet Pg. 570 Attachment: CDD-Ord-Private Outdoor Space 031423 [Revision 1] (5356 : Use of Outdoor Space on Private Prop Zoning Ord. Changes) 2 revised declaration of local emergency to ensure compliance with all digital signature requirements (the “Executive Order”); and
WHEREAS, on March 16, 2020 the Director of Emergency Services issued a Third Supplement to the Executive Order, requiring the closure of a wide range of businesses including bars, nightclubs, on-premises restaurant service, movie theatres, live performance venues, gyms, fitness centers, spas, hair salons, massage parlors, and nail salons; and
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, 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

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Packet Pg. 571 Attachment: CDD-Ord-Private Outdoor Space 031423 [Revision 1] (5356 : Use of Outdoor Space on Private Prop Zoning Ord. Changes) 3 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 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

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Packet Pg. 572 Attachment: CDD-Ord-Private Outdoor Space 031423 [Revision 1] (5356 : Use of Outdoor Space on Private Prop Zoning Ord. Changes) 4 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 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

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Packet Pg. 573 Attachment: CDD-Ord-Private Outdoor Space 031423 [Revision 1] (5356 : Use of Outdoor Space on Private Prop Zoning Ord. Changes) 5 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 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

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Packet Pg. 574 Attachment: CDD-Ord-Private Outdoor Space 031423 [Revision 1] (5356 : Use of Outdoor Space on Private Prop Zoning Ord. Changes) 6 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, 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 were issued temporary outdoor permits or entered into temporary outdoor encroachment agreements with the City, the terms of which were 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

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Packet Pg. 575 Attachment: CDD-Ord-Private Outdoor Space 031423 [Revision 1] (5356 : Use of Outdoor Space on Private Prop Zoning Ord. Changes) 7 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, 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 went 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 (the “interim zoning regulations”); and
WHEREAS, on June 8, 2021, concurrently with consideration of Emergency IZO 2674, the City Council adopted Ordinance Number 2673 (CCS), an emergency ordinance

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Packet Pg. 576 Attachment: CDD-Ord-Private Outdoor Space 031423 [Revision 1] (5356 : Use of Outdoor Space on Private Prop Zoning Ord. Changes) 8 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 through June 30, 2022; 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 WHEREAS, on July 27, 2021, the City Council adopted Emergency Interim Zoning Ordinance Number 2678 (CCS) extending 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 economic impacts of the COVID-19 closures of and limitations on businesses have been devastating to the local Santa Monica economy; and WHEREAS, the 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

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Packet Pg. 577 Attachment: CDD-Ord-Private Outdoor Space 031423 [Revision 1] (5356 : Use of Outdoor Space on Private Prop Zoning Ord. Changes) 9 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, on May 10, 2022, the City Council adopted Emergency Interim Zoning Ordinance Number 2704 (CCS), extending the interim zoning regulations until December 21, 2022 to continue to allow eligible businesses to expand their operations to certain public and private outdoor spaces, provide continued flexibility in the issuance of temporary use permits and alcoholic beverage sales, 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 Emergency IZO 2704 amended the interim zoning regulations 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 adopted Ordinance Number 2705 (CCS) 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

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Packet Pg. 578 Attachment: CDD-Ord-Private Outdoor Space 031423 [Revision 1] (5356 : Use of Outdoor Space on Private Prop Zoning Ord. Changes) 10 permits and license agreement with eligible businesses, including businesses that were previously issued permits in accordance with Chapter 6.40; and WHEREAS, on October 11, 2022, the City Council adopted Emergency Interim Zoning Ordinance Number 2724 (CCS), further extending the interim zoning regulations to June 30, 2023; 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 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, the interim zoning regulations were established to be flexible with minimal zoning requirements considering indoor health and safety restrictions on indoor

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Packet Pg. 579 Attachment: CDD-Ord-Private Outdoor Space 031423 [Revision 1] (5356 : Use of Outdoor Space on Private Prop Zoning Ord. Changes) 11 usage throughout the COVID-19 pandemic, and, as part of the City’s economic recovery efforts and business retention, program requirements were based primarily to address fire, life, and safety issues, consistent with the evolving county health and safety requirements; and
WHEREAS, encouraging businesses to utilize outdoor space has shown to be important for businesses retention; and
WHEREAS, the City has a significant public interest in maintaining flexibility for businesses while ensuring these outdoor spaces do not significantly impact the site and its surroundings, do not create parking circulation conflicts, and are compliant with fire and Building Code requirements; and
WHEREAS, on June 1, 2022, the Planning Commission adopted a Resolution of Intention, Resolution Number 22-012 (PCS), declaring its intention to consider recommending to the City Council that the City Council amend text of the Zoning Ordinance to establish an Outdoor Space Program allow outdoor commercial activity on privately-owned property, and consideration of other zoning changes related to emergency response and economic recovery, including, but not limited to, amendments to allow for flexibility in offsite sales of alcoholic beverages by restaurants and to ensure consistency with expanded authorization to allow outdoor commercial activity on certain public outdoor spaces; and
WHEREAS, on January 25, 2022, the City Council adopted Emergency Interim Zoning Ordinance Number 2688 (CCS) amending SMMC Section 9.37.090 to codify twoyear extensions for permits issued under the Zoning Ordinance as enacted through the Executive Order, to expand eligibility to permits issued through December 31, 2022 or

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Packet Pg. 580 Attachment: CDD-Ord-Private Outdoor Space 031423 [Revision 1] (5356 : Use of Outdoor Space on Private Prop Zoning Ord. Changes) 12 issued pursuant to a complete application submitted through December 31, 2022, and to increase flexibility for an application of a first-time extension for those permits; and WHEREAS, on March 22, 2022, the City Council adopted Emergency Interim Zoning Ordinance Number 2698 (CCS) extending the interim zoning regulations established by IZO 2688 to December 31, 2022; and
WHEREAS, amending Santa Monica Municipal Code Section 9.37.090 to incorporate the interim zoning regulations will codify the permit timeframe extensions established by the Emergency Order and the interim zoning regulations due to unavoidable delays cased by the COVID-19 public health emergency and further economic recovery efforts; and
WHEREAS, on September 7, 2022, the Planning Commission adopted a Resolution of Intention, Resolution Number 22-016 (PCS), declaring its intention to consider recommending to the City Council that the City Council amend Santa Monica Municipal Code Section 9.37.090 to extend certain permit timeframes for applications and permits issued and active during the COVID-19 health emergency; and WHEREAS, on January 25, 2023, 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 23-001 (PCS), recommending that the City Council amend the text of the Zoning Ordinance to establish an Outdoor Space Program allow outdoor commercial activity on privately-owned property, and consideration of other zoning changes related to emergency response and economic recovery, including extension of certain permitting

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Packet Pg. 581 Attachment: CDD-Ord-Private Outdoor Space 031423 [Revision 1] (5356 : Use of Outdoor Space on Private Prop Zoning Ord. Changes) 13 timeframes set forth in Santa Monica Municipal Code Section 9.37.090 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 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 establishing standards and requirements for outdoor space supports 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 encouraging the commercial use of outdoor space. The proposed amendments are consistent with citywide goals and policies related to maintaining a diversified and sustainable economy. Consistent with Goal E1 which seeks to create an economic base that satisfies the commercial needs of the City’s residents while providing employment opportunities and a strong fiscal infrastructure for the City and consistent with Policy E1.1

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Packet Pg. 582 Attachment: CDD-Ord-Private Outdoor Space 031423 [Revision 1] (5356 : Use of Outdoor Space on Private Prop Zoning Ord. Changes) 14 which states to make land use decisions that respond to changing market conditions and meet the needs of City residents and visitors, the proposed amendments will encourage the commercial use of outdoor space to meet the economic needs for business retention and the establishment of new business as part of the City’s economic recovery efforts following the current Pandemic. Furthermore, consistent with LUCE goals and policies, permit timeframe extensions are necessary due to the devastating impact the Pandemic-mandated closures and limitations have had on the local economy, and necessary to stimulate economic recovery to protect the public health, safety, and welfare of the City.

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 while ensuring the protection of neighborhoods following the current Pandemic. Additionally, the permit timeframe extensions are necessary to promote the growth of the City and protect the public health, safety, and general welfare by assisting with unavoidable delays in project development and processing caused by the Pandemic.

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Packet Pg. 583 Attachment: CDD-Ord-Private Outdoor Space 031423 [Revision 1] (5356 : Use of Outdoor Space on Private Prop Zoning Ord. Changes) 15 WHEREAS, on March 14, 2023, 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 March 14, 2023 regarding the proposed changes to the text of the Zoning Ordinance, the City Council hereby makes the following findings:

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Packet Pg. 584 Attachment: CDD-Ord-Private Outdoor Space 031423 [Revision 1] (5356 : Use of Outdoor Space on Private Prop Zoning Ord. Changes) 16 standards encouraging the commercial use of outdoor space. The proposed amendments are consistent with citywide goals and policies related to maintaining a diversified and sustainable economy. Consistent with Goal E1 which seeks to create an economic base that satisfies the commercial needs of the City’s residents while providing employment opportunities and a strong fiscal infrastructure for the City and consistent with Policy E1.1 which states to make land use decisions that respond to changing market conditions and meet the needs of City residents and visitors, the proposed amendments will encourage the commercial use of outdoor space to meet the economic needs for business retention and the establishment of new business as part of the City’s economic recovery efforts following the current Pandemic. Furthermore, consistent with LUCE goals and policies, permit timeframe extensions are necessary due to the devastating impact the Pandemic-mandated closures and limitations have had on the local economy, and necessary to stimulate economic recovery to protect the public health, safety, and welfare of the City.

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Packet Pg. 585 Attachment: CDD-Ord-Private Outdoor Space 031423 [Revision 1] (5356 : Use of Outdoor Space on Private Prop Zoning Ord. Changes) 17 the permit timeframe extensions are necessary to promote the growth of the City and protect the public health, safety, and general welfare by assisting with unavoidable delays in project development and processing caused by the Pandemic.

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.

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;

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Packet Pg. 586 Attachment: CDD-Ord-Private Outdoor Space 031423 [Revision 1] (5356 : Use of Outdoor Space on Private Prop Zoning Ord. Changes) 18 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;

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;

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Packet Pg. 587 Attachment: CDD-Ord-Private Outdoor Space 031423 [Revision 1] (5356 : Use of Outdoor Space on Private Prop Zoning Ord. Changes) 19 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.

7. 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;

8. 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;

9. Semi-subterranean parking areas that meet the following criteria:
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;

10. Mechanical equipment rooms, electrical rooms, telecommunication equipment rooms, and similar space located below grade;

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Packet Pg. 588 Attachment: CDD-Ord-Private Outdoor Space 031423 [Revision 1] (5356 : Use of Outdoor Space on Private Prop Zoning Ord. Changes) 20 11. 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);

12. Attics;

13. Accessory dwelling units and junior accessory dwelling units established in accordance with Section 9.31.025.;

14. Commercial outdoor space permitted pursuant to SMMC 9.31.199, Outdoor Commercial Uses on Private Property, and SMMC 9.31.200, Outdoor Dining and Seating on Sidewalks, shall be excluded from floor area.

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 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 permitted pursuant to Section 9.31.200, Outdoor Dining and Seating on Sidewalks,

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Packet Pg. 589 Attachment: CDD-Ord-Private Outdoor Space 031423 [Revision 1] (5356 : Use of Outdoor Space on Private Prop Zoning Ord. Changes) 21 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, and outdoor space permitted pursuant to Section 9.31.199, Outdoor Commercial Uses on Private Property.

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.

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Packet Pg. 590 Attachment: CDD-Ord-Private Outdoor Space 031423 [Revision 1] (5356 : Use of Outdoor Space on Private Prop Zoning Ord. Changes) 22 SECTION 4. Santa Monica Municipal Code Section 9.27.050 is hereby amended to read as follows:

Section 9.27.050 Legal Nonconforming Uses

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

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Packet Pg. 591 Attachment: CDD-Ord-Private Outdoor Space 031423 [Revision 1] (5356 : Use of Outdoor Space on Private Prop Zoning Ord. Changes) 23 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.

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Packet Pg. 592 Attachment: CDD-Ord-Private Outdoor Space 031423 [Revision 1] (5356 : Use of Outdoor Space on Private Prop Zoning Ord. Changes) 24 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,

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Packet Pg. 593 Attachment: CDD-Ord-Private Outdoor Space 031423 [Revision 1] (5356 : Use of Outdoor Space on Private Prop Zoning Ord. Changes) 25 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, except that

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Packet Pg. 594 Attachment: CDD-Ord-Private Outdoor Space 031423 [Revision 1] (5356 : Use of Outdoor Space on Private Prop Zoning Ord. Changes) 26 outdoor dining areas and other outdoor spaces permitted pursuant to SMMC 9.31.199, Outdoor Commercial Uses on Private Property, and SMMC 9.31.200, Outdoor Dining and Seating on Sidewalks, shall not be considered an expansion in area for the purposes of this Subsection.

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

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Packet Pg. 595 Attachment: CDD-Ord-Private Outdoor Space 031423 [Revision 1] (5356 : Use of Outdoor Space on Private Prop Zoning Ord. Changes) 27 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.

SECTION 5. Santa Monica Municipal Code Section 9.28.040 is hereby amended to read as follows:

9.28.040 Calculating Off-Street Parking and Loading Spaces A. Rules for Calculating Required Spaces. The following rules shall be followed for calculating the amount of off-street parking and loading spaces.

1. Rounding. Fractional space requirements totaling 0.5 or above shall be rounded up to the next whole space after calculating the total number of required spaces.

Rounding up shall not apply to loading spaces; however, a minimum of one space shall be provided.

2. Residential Uses. For purposes of calculating off-street parking requirements for dwelling units, all private living spaces including, but not limited to, dens, studios, family rooms, studies and lofts shall be considered as “bedrooms” except that a maximum of one such room per unit shall not count as a bedroom if it is less than 100 square feet in area. Kitchens, bathrooms, and one living room per unit shall not be considered bedrooms. Semiprivate rooms shall not count as bedrooms if they have no doors and a minimum 7-foot opening to adjacent living space. A loft or mezzanine shall not count as a bedroom if the maximum width of the loft or mezzanine is less than 7 feet.

3. Nonresidential Uses. Unless otherwise specified, the floor areas used to calculate the number of off-street parking and loading spaces required for nonresidential uses shall include:

10.C.a
Packet Pg. 596 Attachment: CDD-Ord-Private Outdoor Space 031423 [Revision 1] (5356 : Use of Outdoor Space on Private Prop Zoning Ord. Changes) 28 a. All floor area located above or below grade devoted to office, retail, service, or other activities and uses, storage areas, restrooms, lounges, lobbies, kitchens, and interior hallways and corridors, unless exempted by this Chapter; and
b. All outdoor areas that will accommodate a permanent activity that will generate a demand for parking facilities in addition to that which is provided for principal activities and uses within the building or structure.

4. Exclusions. Floor area devoted to the following shall not be included when determining required parking and loading spaces:
a. Automobile parking;
b. Loading areas;
c. Driveways, drive aisles, ramps;
d. Bicycle parking;
e. Showers or locker areas not associated with a physical training, personal service or instructional service; and
f. Outdoor dining areas and other outdoor space permitted pursuant to SMMC 9.31.199, Outdoor Commercial Uses on Private Property, and SMMC

9.31.200, Outdoor Dining and Seating on Sidewalks. Outdoor dining and seating less than 200 square feet in size associated with restaurants.

5. Maximum Parking Requirements. The maximum number of parking spaces allowed shall be based on use type as listed in the table in Section 9.28.060, OffStreet Parking. The following rules apply when calculating maximum parking requirements:

10.C.a
Packet Pg. 597 Attachment: CDD-Ord-Private Outdoor Space 031423 [Revision 1] (5356 : Use of Outdoor Space on Private Prop Zoning Ord. Changes) 29 a. Multiple Uses. When 2 or more principal uses are located on the same parcel, the estimated parking demand shall be the sum of the estimated demand of the various individual uses computed separately, in accordance with this Section, unless shared parking is approved pursuant to Section 9.28.180. b. Maximum Amount of Parking. The maximum allowable amount of parking shall be 2 spaces or 5%, more, whichever is greater, than the quantities specified in Section 9.28.060, except for permanent public parking. No additional parking is allowed in excess of the quantities specified in Section 9.28.060 for the Downtown Community Plan area. In order to obtain approval for permanent public parking in excess of these maximum allowable amounts, a Conditional Use Permit approved by the Planning Commission shall be required pursuant to Chapter 9.41, subject to the following additional required findings:
i. Parking provided in excess improves the pedestrian, transit, and bicycle network;
ii. Vehicle movement on or around the project site associated with the excess parking does not unduly impact pedestrian spaces or movement, transit service, bicycle movement, or the overall traffic movement in the district;
iii. Accommodating excess parking does not degrade the overall urban design quality of the project proposal;
iv. All above-grade parking is architecturally screened and the excess parking does not diminish the quality and viability of existing or planned landscape enhancements; and

10.C.a
Packet Pg. 598 Attachment: CDD-Ord-Private Outdoor Space 031423 [Revision 1] (5356 : Use of Outdoor Space on Private Prop Zoning Ord. Changes) 30 v. Where off-street parking is proposed that exceeds the maximum quantities specified, such parking shall not be the principal use of the property.
c. Replacement of Existing Parking. If a site contains existing surface parking that serves as Code or permit-required parking for an off-site user, such parking spaces may be replaced on-site as part of any redevelopment of the site, and such replacement parking shall not be considered parking that exceeds the quantities specified in Section 9.28.060 for purposes of subsection (A)(5)(b). d. Parking Requirements of Other Governmental Entities. Should parking above the maximum be imposed by another governmental entity based on established minimum parking requirements, and such additional parking was not simply requested by the applicant, parking in the amount to meet the entity’s minimum requirements may be allowed.

6. Minimum Parking Requirements.
a. Downtown Community Plan Area. There is no minimum parking requirement.
b. Citywide and Parking Overlay 1 Area. The minimum parking must comply with Section 9.28.060, except as elsewhere allowed in this Chapter.

SECTION 6. Santa Monica Municipal Code Section 9.31.199 is hereby added to read as follows:

9.31.199 Outdoor Commercial Uses on Private Property
A. Purpose. The purpose of this Section is to allow existing and new businesses to expand outdoor commercial activity using on-site surface parking lots or common open

10.C.a
Packet Pg. 599 Attachment: CDD-Ord-Private Outdoor Space 031423 [Revision 1] (5356 : Use of Outdoor Space on Private Prop Zoning Ord. Changes) 31 areas located on private property and to ensure that such uses do not adversely impact adjacent properties and surrounding neighborhoods consistent with the goals, objectives, and policies of the General Plan. Eligible businesses proposing outdoor space shall be designed, located, and operated in accordance with the requirements of this Section.

B. Definitions. The definitions in Santa Monica Municipal Code Section 9.52.020 apply to the terms and phrases used in this Chapter, unless otherwise specified herein.

In addition, the following terms and phrases have the following meanings when used in this section:

1. “Eligible business” means: (1) a business that operates out of a physical location in the City and has received any necessary entitlements from the City to operate; (2) the use of the physical location by the business is a commercial use classification that is permitted or conditionally permitted in the district, other than those uses specifically prohibited under this Section, as those terms are defined by Santa Monica Municipal Code Section 9.51.030; and (3) an expansion of an existing commercial use located on the same parcel located in a nonresidential or Oceanfront district, or adjacent residentially zoned parcel.

2. “Outdoor Space” is inclusive of all or a portion of a common area, such as a surface parking lot, courtyard, plaza, roof deck, or other private open space area located on private property.

C. Applicability. Except as specifically identified, the provisions of this Section shall apply to eligible businesses proposing new outdoor space areas and to existing private outdoor use areas that are expanded or enlarged by more than 10% in outdoor space, in accordance with the requirements of this Section.

10.C.a
Packet Pg. 600 Attachment: CDD-Ord-Private Outdoor Space 031423 [Revision 1] (5356 : Use of Outdoor Space on Private Prop Zoning Ord. Changes) 32 1. Santa Monica Pier: An eligible business on the Santa Monica Pier shall be subject to the requirements of this Section, except such business shall be exempt from the following requirements:
a. Maximum Size;
b Location;
c. Hours of Operation;
d. Conversion of Parking Spaces.

D. Procedure. An outdoor space permit shall be subject to a Zoning Conformance Review, pursuant to the procedures of Chapter 9.38, Zoning Conformance Review, or subject to application review using a form designated by the Director to ensure consistency with all of the standards of this Section unless such review has been conducted in conjunction with discretionary review of the associated commercial use. Any improvements associated with the outdoor space shall be subject to Building and Safety and the Fire Department review and shall be subject to administrative Architectural Design Review in accordance with Santa Monica Municipal Code Chapter 9.55.

E. Permitted Uses. The outdoor space shall be conducted as an accessory use to a legally established commercial use permitted or conditionally permitted within a nonresidential district or the Oceanfront District. Except for those uses specifically prohibited under this Section, permitted uses within the outdoor space shall be regulated by the underlying zoning district.

F. Expansion of Legal Non-Conforming Uses. Notwithstanding anything to the contrary in SMMC 9.27.050 Legal Non-Conforming Uses, any proposed outdoor space

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Packet Pg. 601 Attachment: CDD-Ord-Private Outdoor Space 031423 [Revision 1] (5356 : Use of Outdoor Space on Private Prop Zoning Ord. Changes) 33 by an eligible business considered a legal non-conforming use shall not be considered an expansion in area and may be authorized in accordance with this Section.

G. Prohibited Uses. The following uses are prohibited and not considered eligible businesses:

1. Automobile/vehicle Sales and Service, Minor or Major

2. Animal Care, Sales, and Services

3. Liquor Stores
H. Accessory Use. Outdoor space shall be conducted as an accessory use to an eligible business that is located on the same parcel or a contiguous adjacent parcel.

I. Service and Sale of Alcoholic Beverages. Alcoholic beverages may be sold and served in outdoor spaces by restaurants that: (a) have obtained and are operating under a license to sell alcoholic beverages from Alcoholic Beverage Control (ABC); and (b) have obtained and are operating under a Conditional Use Permit or Alcohol Exemption issued by the City, 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. Sales shall be conducted in accordance with all requirements and conditions set forth in such licenses and permits, including those required by the ABC. Permitted outdoor spaces used by restaurants are for sit-down food and beverage service only; no stand-up service is permitted.

J. Hours of Operation. Hours of operation of the permitted space shall not exceed the hours of operation of the associated eligible business, subject to limitations on alcohol sales set forth in all applicable permits, license, and regulations. If no applicable permit,

10.C.a
Packet Pg. 602 Attachment: CDD-Ord-Private Outdoor Space 031423 [Revision 1] (5356 : Use of Outdoor Space on Private Prop Zoning Ord. Changes) 34 license or regulation states hours for operation of the outdoor space, the following times shall apply:

1. All Eating and Drinking Establishments: Hours of operation shall be limited to 8:00 a.m. to 11:00 p.m.

2. Personal Services, Physical Training: Hours of operation shall be limited to 7:00 a.m. to 7:00 p.m.

K. Exemptions: Floor Area, Floor Area Ratio (FAR), and Parking Requirements.

Outdoor space shall be excluded from the following:

1. Floor Area and Floor Area Ratio (FAR) calculations.

2. Minimum parking requirements.

L. Size. Outdoor spaces shall have no size limit for each eligible business provided that the outdoor space complies with Building Code, Fire Code, and objective transportation standards established by the Mobility Division.

M. Location. Outdoor spaces shall be located on the same parcel or on a contiguous adjacent parcel under common ownership, and limited to the following locations:

1. Surface parking lots and common open areas on the subject property including but not limited to courtyards and roof areas.

2. If located on a parcel adjacent to a residential use, the outdoor space shall be setback a minimum of 15 feet from the property line abutting the adjacent residential use.

3. Outdoor spaces may be located on existing surface parking lots supporting on-site commercial uses with residential zoning provided; (1) the surface parking lot

10.C.a
Packet Pg. 603 Attachment: CDD-Ord-Private Outdoor Space 031423 [Revision 1] (5356 : Use of Outdoor Space on Private Prop Zoning Ord. Changes) 35 serves the subject commercial property under common ownership and; (2) the proposed outdoor space is ancillary to an eligible business.

4. A single contiguous outdoor space is allowed for each eligible business when located within a parking lot.

N. Conversion of Existing Parking Areas. Any permitted outdoor space by conversion of existing parking spaces or areas shall comply with the requirements or conditions set forth in the administrative regulations issued under this Section, including the following:

1. No required accessible parking spaces (ADA parking spaces) or related access aisle or path of travel shall be converted or removed. Vehicular access to all required ADA parking spaces shall be maintained.

2. Except as provided in paragraph 1, above, there shall be no limit to the number of existing parking spaces that can be converted pursuant to this Section provided that the outdoor space complies with Building Code, Fire Code, and objective transportation standards established by the City’s Mobility Division.

O. Design Standards. The design of any outdoor space improvements including but not limited to barriers, railings, shade structures, furnishings, lighting fixtures, and signage shall comply with the requirements or conditions set forth in the administrative regulations issued under this Section.

P. Accessibility. Outdoor space shall comply with accessibility requirements or conditions set forth in the administrative regulations issued under this Section.

10.C.a
Packet Pg. 604 Attachment: CDD-Ord-Private Outdoor Space 031423 [Revision 1] (5356 : Use of Outdoor Space on Private Prop Zoning Ord. Changes) 36 Q. Structures and Decks. Construction of any structures or decks shall comply with requirements or conditions set forth in the administrative regulations issued under this Section.

R. Temporary Tents and Canopies. Temporary tents, canopies, or similar enclosures shall not be utilized as permanent shelter in conjunction with outdoor spaces.

Temporary use of tents or canopies may be permitted subject to required permits issued by the Fire Department only on a temporary seasonal basis and shall comply with the requirements or conditions set forth in the administrative regulations issued under this Section.

S. Propane & Electric Heaters. Propane or electric heaters may be permitted in support of outdoor spaces, subject to Fire Department permit requirements as set forth in the administrative regulations issued under this Section.

T. Signage. Notwithstanding anything to the contrary in Chapter 9.61 of the Santa Monica Municipal Code, an eligible business may place a single non-permanent, nonelectric sign no taller than 42” and no larger than 10 square feet in size on any outside barrier of the outdoor space. The sign can only contain the eligible business name and a menu. Outdoor spaces may not contain any advertising, marketing, or promotional signage or materials.

U. Noise. All forms of speaker amplification, televisions or similar screen projectors are prohibited. Outdoor space operations shall comply with Chapter 4.12 Noise.

V. Administrative Regulations.

1. The Director may adopt administrative regulations to implement the provisions of this Section, including, but not limited to, design and accessibility

10.C.a
Packet Pg. 605 Attachment: CDD-Ord-Private Outdoor Space 031423 [Revision 1] (5356 : Use of Outdoor Space on Private Prop Zoning Ord. Changes) 37 specification standards for outdoor spaces, application procedures, and other permit conditions and requirements.

2. A permittee shall comply with any other permit requirements or conditions set forth in the administrative regulations issued under this Section.

W. Outdoor Space Permit Renewals. An eligible business issued a Temporary Use of Private Outdoor Space Permit by the City pursuant to emergency orders (Eighteenth Supplemental Order) and subsequent Emergency Interim Zoning Ordinances between May 29, 2020 and the adoption of this Section 9.31.199 shall be required to renew their existing permit prior to March 31, 2024 in accordance with Section 9.31.199(D) to retain their permitted outdoor space. Any applications subsequent to this date shall be subject to all requirements of this Section.

SECTION 7. Santa Monica Municipal Code Section 9.31.200 is hereby amended to read as follows:

9.31.200 Outdoor Dining and Seating on Sidewalks
Outdoor dining and seating on sidewalks shall be designed, located, and operated consistent with the following standards:

A. Purpose. The purpose of this Section is to permit outdoor dining and seating that enhances the pedestrian ambiance of the City while and ensure that they do not adversely impacting adjacent properties or and surrounding neighborhoods consistent with the goals, objectives, and policies of the General Plan.

B. Applicability. The provisions of this Section shall apply to all new outdoor dining and seating areas on Public Rights-of-Way, such as sidewalks, and to all existing outdoor

10.C.a
Packet Pg. 606 Attachment: CDD-Ord-Private Outdoor Space 031423 [Revision 1] (5356 : Use of Outdoor Space on Private Prop Zoning Ord. Changes) 38 dining and seating areas that are expanded. or enlarged by more than 10% in outdoor dining area.

C. Procedure. The establishment of an outdoor dining and seating area requires Zoning Conformance Review, pursuant to the procedures of Chapter 9.38, Zoning Conformance Review, to ensure consistency with all of the standards of this Section unless such review has been conducted in conjunction with discretionary review of the associated commercial use and issuance of a Sidewalk Dining Permit.

D. Accessory Use. Permanent outdoor Outdoor dining and seating shall be conducted as an accessory use to a legally established eating and drinking establishment located that is located on the same parcel, a contiguous adjacent parcel, or on Public Right-of-Way public right-of-way immediately adjacent to the tenant space.

E. License Agreement. A license agreement for outdoor dining and seating on the Public Right-of-Way public right-of-way shall be approved in a form required by the City.

F. Barriers. If barriers are provided, they shall be in the manner required by the City.

G. Enclosure. Awnings or umbrellas may be used in conjunction with a sidewalk café, but there shall be no permanent enclosure around the roof or shelter over the outdoor dining and seating area. Awnings shall be adequately secured, without attachment to the Public Right-of-Way retractable, and shall comply with the Building Code adopted by the City and any applicable design guidelines.

H. Fixtures. The furnishings of the interior of the outdoor dining and seating shall consist only of movable tables, chairs, and umbrellas, planters, and other portable fixtures deemed appropriate by City Staff. Lighting fixtures may be permanently affixed onto the exterior front of the principal building with property permits.

10.C.a
Packet Pg. 607 Attachment: CDD-Ord-Private Outdoor Space 031423 [Revision 1] (5356 : Use of Outdoor Space on Private Prop Zoning Ord. Changes) 39 I. Compliance with Design Guidelines. Outdoor dining and seating shall comply with all applicable adopted design standards and guidelines, including, but not limited to:

1. The Citywide Sidewalk Dining Outdoor Dining Guidelines for the Third Street Promenade;

2. The Sidewalk Outdoor Dining Standards for the Third Street Promenade Santa Monica Boulevard and Broadway; and

3. The Sidewalk Outdoor Dining Standards for Ocean Avenue.

The Planning Director or designee may promulgate guidelines, which may include, but are not limited to, eligible uses and sites, outdoor dining configuration, design standards, and operational standards to implement the provisions of this Chapter. No person shall fail to comply with any such regulation.

J. Refuse Storage Area. No structure or enclosure to accommodate the storage of trash or garbage shall be erected or placed on, adjacent to, or separate from the sidewalk café on the public sidewalk or Public Right-of-Way right-of-way. Sidewalk Outdoor dining and seating areas shall remain clear of litter at all times.

K. Hours of Operation. The hours of operation of the outdoor dining and seating shall be limited to the hours of operation of the associated restaurant, other eating and drinking establishment, or commercial use.

L. Parking. Parking shall not be required for outdoor dining and seating on sidewalks permitted pursuant to this Section. Where outdoor dining and seating occupy less than 200 square feet of area, additional parking spaces for the associated eating and drinking establishment shall not be required. Parking shall be provided according to the required

10.C.a
Packet Pg. 608 Attachment: CDD-Ord-Private Outdoor Space 031423 [Revision 1] (5356 : Use of Outdoor Space on Private Prop Zoning Ord. Changes) 40 ratio in Chapter 9.28, Parking, Loading, and Circulation, for any area exceeding 200 square feet dedicated to outdoor dining.

SECTION 7. Santa Monica Municipal Code Section 9.37.090 is hereby amended to read as follows:

9.37.090 Expiration and Extension
A. Expiration. The decision-maker, in the granting of any permit, may specify a time, consistent with the purposes of the use and necessary to safeguard the public safety, health and welfare, within which the proposed use must be undertaken and actively and continuously pursued. Projects with a permit with a specific time within which the proposed use must be undertaken and actively and continuously pursued that were (i) issued and active as of March 13, 2020; (ii) issued between March 13, 2020 and December 31, 2022; or (iii) issued pursuant to a complete application that was submitted between March 13, 2020 and December 31, 2022 shall be extended for a period of two years. If no time period is specified, any permit granted under this Ordinance shall automatically expire if it is not exercised or extended within the time limits listed below:

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

10.C.a
Packet Pg. 609 Attachment: CDD-Ord-Private Outdoor Space 031423 [Revision 1] (5356 : Use of Outdoor Space on Private Prop Zoning Ord. Changes) 41 date for affordable housing or mixed use projects where housing units comprise at least 75 percent of the floor area of the project, and the housing project has received City, State or Federal funding or is comprised of units at least 50 percent of which are deed-restricted to be affordable to low income households and the remainder of which are deed-restricted to be affordable to low or moderate income households.
b. Notwithstanding paragraph (a), within 5 years of the effective date, or if located in the Coastal Zone, 5½ years from the effective date, for projects with a permit:
(i) Issued and active as of March 13, 2020;
(ii) Issued between March 13, 2020 and December 31, 2022; or (iii) Issued pursuant to a complete application submitted between March 13, 2020 and December 31, 2022.

2. All Other Permits. For projects that do not qualify as affordable housing or mixed-use in paragraph (1) above:
a. Except as provided in subparagraph (b), below, within two Two years of the effective date, or if located in the Coastal Zone, 2½ years of the effective date, for projects that do not qualify as affordable housing or mixed-use in paragraph (1) above, or if located in the Coastal Zone, 2 ½ years of the effective date.
b. Notwithstanding paragraph (a), within 4 years of the effective date, or if located in the Coastal Zone, 4½ years from the effective date for projects with a permit:

10.C.a
Packet Pg. 610 Attachment: CDD-Ord-Private Outdoor Space 031423 [Revision 1] (5356 : Use of Outdoor Space on Private Prop Zoning Ord. Changes) 42 (i) Issued and active as of March 13, 2020;
(ii) Issued between March 13, 2020 and December 31, 2022; or (iii) Issued pursuant to a complete application that was submitted between March 13, 2020 and December 31, 2022.

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

1. New Construction. If a permit is granted in conjunction with approval of new construction, issuance of a building permit shall constitute exercise of rights; provided, however, that, unless otherwise specified as a condition of project approval, the permit shall expire if:
a. The building permit expires;
b. Final inspection is not completed or Certificate of Occupancy issued within the time specified as a condition of project approval; or c. The rights granted under the permit for the use of the building are not exercised within one year following the earliest to occur of the following: issuance of a Certificate of Occupancy; or if no Certificate of Occupancy is required, the last required final inspection for the new construction.

C. Extensions.

1. First Time Extension. The Director shall approve an extension of any permit or approval granted under this Ordinance upon receipt of a written application with the required fee prior to expiration of the permit for the time periods listed below.

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Packet Pg. 611 Attachment: CDD-Ord-Private Outdoor Space 031423 [Revision 1] (5356 : Use of Outdoor Space on Private Prop Zoning Ord. Changes) 43 a. Projects with Residential Uses: one-year extension. b. Nonresidential Projects: 6-month extension.

No extension may be requested earlier than 6 months prior to the expiration of the permit. The Director may grant a second time extension for projects involving a City-Designated Historic Resource if such extension is necessary due to the complexity of planning for and developing the project. Notwithstanding the foregoing, an extension may be requested at any time at least 30 days prior to the extension of a permit (i) issued and still active as of March 13, 2020; (ii) issued between March 13, 2020 and December 31, 2022; or (iii) issued pursuant to a complete application submitted between March 13, 2020 and December 31, 2022.

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

SECTION 8. Santa Monica Municipal Code Section 9.38.020 is hereby amended to read as follows.

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Packet Pg. 612 Attachment: CDD-Ord-Private Outdoor Space 031423 [Revision 1] (5356 : Use of Outdoor Space on Private Prop Zoning Ord. Changes) 44 9.38.020 Applicability
Zoning Conformance Review is required for the following permits, licenses, or uses to ensure compliance with all provisions of this Chapter:

A. Business license for any initiation of a use pursuant to Chapter 6.04.

B. Home occupations subject to the provisions of Section 9.31.160.

C. Outdoor dining and other commercial uses seating subject to the provisions of Sections 9.31.199 and 9.31.200.

D. Alcoholic beverage sales subject to the provisions of Section 9.31.040(D) and (E).

E. Zoning compliance letters explaining the City’s land use regulations and permit information typically prepared in the context of a pending property sale or transaction.

F. Other circumstances deemed appropriate by the Director.

SECTION 9. Any provision of the 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 10. If any section, subsection, sentence, clause or phrase of this Ordinance is for any reason held to be invalid or unconstitutional by a decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this Ordinance. The City Council hereby declares that it would have passed this Ordinance and each and every section, subsection, sentence, clause, or phrase not declared invalid or unconstitutional without regard to whether any portion of the ordinance would be subsequently declared invalid or unconstitutional.

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Packet Pg. 613 Attachment: CDD-Ord-Private Outdoor Space 031423 [Revision 1] (5356 : Use of Outdoor Space on Private Prop Zoning Ord. Changes) 45 SECTION 11. The Mayor shall sign and the City Clerk shall attest to the passage of this Ordinance. The City Clerk shall cause the same to be published once in the official newspaper within 15 days after its adoption. This Ordinance shall become effective 30 days from its adoption.

APPROVED AS TO FORM:
_______________________

DOUGLAS SLOAN
City Attorney

10.C.a
Packet Pg. 614 Attachment: CDD-Ord-Private Outdoor Space 031423 [Revision 1] (5356 : Use of Outdoor Space on Private Prop Zoning Ord. Changes) 1 City Council Meeting: March 14, 2023 Santa Monica, California RESOLUTION NUMBER _________ (CCS)
(City Council Series)

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA

ESTABLISHING A FEE FOR ZONING CONFORMANCE REVIEW OF OUTDOOR

COMMERCIAL USES ON PRIVATE PROPERTY
WHEREAS, Santa Monica Municipal Code Section 2.72.010 authorizes the imposition of charges for the amount of user fees or fees for services which are provided to or benefit particular individuals rather than the general public; and WHEREAS, it is the policy of the City of Santa Monica (City) to charge for the full costs of services provided by City Staff when such services benefit individual users, rather than members of the community as a whole; and
WHEREAS, concurrent with this Resolution, City Council introduced for first reading an ordinance that would, among other things, adopt Santa Monica Municipal Code Section 9.31.199, authorizing and establishing regulations for outdoor commercial uses on private property; and
WHEREAS, in accordance with the proposed ordinance, outdoor commercial uses on private property are subject to zoning conformance review in accordance with the provisions of Santa Monica Municipal Code Chapter 9.38; and WHEREAS, the City desires to establish a fee for zoning conformance review of outdoor commercial uses on private property as authorized by proposed Santa Monica Municipal Code Section 9.31.199.

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Packet Pg. 615 Attachment: CDD--Fee Resolution--Zoning Conformance for Private Outdoor Space 031423 (5356 : Use of Outdoor Space on Private Prop 2 NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SANTA MONICA DOES RESOLVE AS FOLLOWS:

SECTION 1. The City Council hereby establishes a fee of $433.32 for Zoning Conformance Review—Outdoor Commercial Uses on Private Property.

SECTION 2. The fee for Zoning Conformance Review--Outdoor Commercial Use on Private Property shall become effective upon the effective date of the ordinance introduced concurrently herewith.

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

APPROVED AS TO FORM:
_________________________

DOUGLAS SLOAN
City Attorney

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Packet Pg. 616 Attachment: CDD--Fee Resolution--Zoning Conformance for Private Outdoor Space 031423 (5356 : Use of Outdoor Space on Private Prop Temporary Outdoor Space Program (City of Santa Monica)
1 / 20
99 2,387 24
Q1 How interested would you be in keeping your current outdoor space as authorized by the Temporary Outdoor Program, post pandemic even when COVID restrictions are relaxed?
Answered: 24 Skipped: 0
Total Respondents: 24
0 10 20 30 40 50 60 70 80 90 100

ANSWER CHOICES AVERAGE NUMBER TOTAL NUMBER RESPONSES
0 (Not Interested) 100 (Very Interested)
(Average score of respondents) (Sum of Scores, Not Relevant) (Number of Respondents)

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Packet Pg. 617 Attachment: Business Outreach Survey Results (August 3, 2022) [Revision 1] (5356 : Use of Outdoor Space on Private Prop Zoning Ord.

Temporary Outdoor Space Program (City of Santa Monica)
2 / 20

13.04% 3

17.39% 4

69.57% 16
Q2 In addition to your outdoor space area located on private property, do you also have a parklet or sidewalk seating along the street? Answered: 23 Skipped: 1
Total Respondents: 23
0% 10% 20% 30% 40% 50% 60% 70% 80% 90% 100%
Parklet
Sidewalk
Seating
None

ANSWER CHOICES RESPONSES
Parklet
Sidewalk Seating
None

10.C.c
Packet Pg. 618 Attachment: Business Outreach Survey Results (August 3, 2022) [Revision 1] (5356 : Use of Outdoor Space on Private Prop Zoning Ord.

Temporary Outdoor Space Program (City of Santa Monica)
3 / 20

83.33% 20

8.33% 2

4.17% 1

0.00% 0

4.17% 1

0.00% 0

0.00% 0
Q3 How have you used your temporary outdoor space?
Answered: 24 Skipped: 0
TOTAL 24
0% 10% 20% 30% 40% 50% 60% 70% 80% 90% 100%
Restaurant or
Food Serving...

Fitness/Exercis
e
Personal Care
Service (e.g...

Retail
Bar
Office with
Outdoor Seat...

Other (please
specify)

ANSWER CHOICES RESPONSES
Restaurant or Food Serving Use with Outdoor Dining/Seating Fitness/Exercise
Personal Care Service (e.g. nail/hair salons, massage, etc.) Retail
Bar
Office with Outdoor Seating for Employees
Other (please specify)

10.C.c
Packet Pg. 619 Attachment: Business Outreach Survey Results (August 3, 2022) [Revision 1] (5356 : Use of Outdoor Space on Private Prop Zoning Ord.

Temporary Outdoor Space Program (City of Santa Monica)
4 / 20

95.24% 20

4.76% 1

0.00% 0
Q4 Do you currently serve alcoholic beverages within your outdoor space? Answered: 21 Skipped: 3
TOTAL 21
0% 10% 20% 30% 40% 50% 60% 70% 80% 90% 100%
Yes
No
Not Applicable

ANSWER CHOICES RESPONSES
Yes
No
Not Applicable
Only those that responded as either a "Bar" or "Restaurant or Food Service" to Q3 were asked Qs 4 through 6.

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Packet Pg. 620 Attachment: Business Outreach Survey Results (August 3, 2022) [Revision 1] (5356 : Use of Outdoor Space on Private Prop Zoning Ord.

Temporary Outdoor Space Program (City of Santa Monica)
5 / 20

66.67% 14

14.29% 3

19.05% 4

0.00% 0
Q5 How often does your business conduct activity in the outdoor space? Answered: 21 Skipped: 3
TOTAL 21
0% 10% 20% 30% 40% 50% 60% 70% 80% 90% 100%
Daily
0 to 3 times a
week
4 to 6 times a
week
Weekends only

ANSWER CHOICES RESPONSES
Daily
0 to 3 times a week
4 to 6 times a week
Weekends only
Only those that responded as either a "Bar" or "Restaurant or Food Service" to Q3 were asked Qs 4 through 6.

10.C.c
Packet Pg. 621 Attachment: Business Outreach Survey Results (August 3, 2022) [Revision 1] (5356 : Use of Outdoor Space on Private Prop Zoning Ord.

Temporary Outdoor Space Program (City of Santa Monica)
6 / 20

9.52% 2

0.00% 0

9.52% 2

80.95% 17
Q6 How many seats do you have in your outdoor space?
Answered: 21 Skipped: 3
TOTAL 21
0% 10% 20% 30% 40% 50% 60% 70% 80% 90% 100%
1 to 8
9 to 12
13 to 16
17+

ANSWER CHOICES RESPONSES
1 to 8
9 to 12
13 to 16
17+
Only those that responded as either a "Bar" or "Restaurant or Food Service" to Q3 were asked Qs 4 through 6.

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Packet Pg. 622 Attachment: Business Outreach Survey Results (August 3, 2022) [Revision 1] (5356 : Use of Outdoor Space on Private Prop Zoning Ord.

Temporary Outdoor Space Program (City of Santa Monica)
7 / 20

50.00% 2

0.00% 0

25.00% 1

25.00% 1
Q7 How often does your business conduct activity in the outdoor space? Answered: 4 Skipped: 20
TOTAL 4
0% 10% 20% 30% 40% 50% 60% 70% 80% 90% 100%
Daily
0 to 3 times a
week
4 to 6 times a
week
Weekends only

ANSWER CHOICES RESPONSES
Daily
0 to 3 times a week
4 to 6 times a week
Weekends only
Only those that responded as either a "Fitness/Exercise", "Personal Care Service", "Retail", or "Other" to Q3 were asked Q7.

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Packet Pg. 623 Attachment: Business Outreach Survey Results (August 3, 2022) [Revision 1] (5356 : Use of Outdoor Space on Private Prop Zoning Ord.

Temporary Outdoor Space Program (City of Santa Monica)
8 / 20

0.00% 0

0.00% 0
100.00% 1

0.00% 0
Q8 How often does your business conduct activity in the outdoor space? Answered: 1 Skipped: 23
TOTAL 1
0% 10% 20% 30% 40% 50% 60% 70% 80% 90% 100%
Daily
0 to 3 times a
week
4 to 6 times a
week
Weekends only

ANSWER CHOICES RESPONSES
Daily
0 to 3 times a week
4 to 6 times a week
Weekends only
Only those that responded as "Office with Outdoor Seating" to Q3 were asked Qs 8 through 10

10.C.c
Packet Pg. 624 Attachment: Business Outreach Survey Results (August 3, 2022) [Revision 1] (5356 : Use of Outdoor Space on Private Prop Zoning Ord.

Temporary Outdoor Space Program (City of Santa Monica)
9 / 20

0.00% 0

0.00% 0
100.00% 1
Q9 How many seats do you have in your outdoor space?
Answered: 1 Skipped: 23
TOTAL 1
0% 10% 20% 30% 40% 50% 60% 70% 80% 90% 100%
1 to 8
9 to 12
13 to 16
17+

ANSWER CHOICES RESPONSES
1 to 8
9 to 12
13 to 16
17+
Only those that responded as "Office with Outdoor Seating" to Q3 were asked Qs 8 through 10

10.C.c
Packet Pg. 625 Attachment: Business Outreach Survey Results (August 3, 2022) [Revision 1] (5356 : Use of Outdoor Space on Private Prop Zoning Ord.

Temporary Outdoor Space Program (City of Santa Monica)
10 / 20

0.00% 0
100.00% 1

0.00% 0
Q10 How are you using the outdoor space?
Answered: 1 Skipped: 23
TOTAL 1
0% 10% 20% 30% 40% 50% 60% 70% 80% 90% 100%
Additional
workspaces f...

Lounge/eating/b
reak areas f...

Other (please
specify)

ANSWER CHOICES RESPONSES
Additional workspaces for employees (work related)
Lounge/eating/break areas for employees (non work related) Other (please specify)
Only those that responded as "Office with Outdoor Seating" to Q3 were asked Qs 8 through 10

10.C.c
Packet Pg. 626 Attachment: Business Outreach Survey Results (August 3, 2022) [Revision 1] (5356 : Use of Outdoor Space on Private Prop Zoning Ord.

Temporary Outdoor Space Program (City of Santa Monica)
11 / 20

25.00% 5

20.00% 4

25.00% 5

30.00% 6
Q11 What is the approximate size of the temporary outdoor space you are using?
Answered: 20 Skipped: 4
TOTAL 20
0% 10% 20% 30% 40% 50% 60% 70% 80% 90% 100%
300-600 square
feet / 2-4...
600-1,000
square feet ...
1,000-1,600
square feet ...
1,600+ square
feet / 10...

ANSWER CHOICES RESPONSES
300-600 square feet / 2-4 parking spaces
600-1,000 square feet / 4-6 parking space
1,000-1,600 square feet / 6-10 parking spaces
1,600+ square feet / 10 parking spaces

10.C.c
Packet Pg. 627 Attachment: Business Outreach Survey Results (August 3, 2022) [Revision 1] (5356 : Use of Outdoor Space on Private Prop Zoning Ord.

Temporary Outdoor Space Program (City of Santa Monica)
12 / 20

21.05% 4

15.79% 3

26.32% 5

36.84% 7
Q12 Moving forward, if you could change the size of your outdoor space how big would you want it to be?
Answered: 19 Skipped: 5
TOTAL 19
0% 10% 20% 30% 40% 50% 60% 70% 80% 90% 100%
300-600 square
feet / 2-4...
600-1,000
square feet ...
1,000-1,600
square feet ...
1,600+ square
feet / 10...

ANSWER CHOICES RESPONSES
300-600 square feet / 2-4 parking spaces
600-1,000 square feet / 4-6 parking space
1,000-1,600 square feet / 6-10 parking spaces
1,600+ square feet / 10 parking spaces

10.C.c
Packet Pg. 628 Attachment: Business Outreach Survey Results (August 3, 2022) [Revision 1] (5356 : Use of Outdoor Space on Private Prop Zoning Ord.

Temporary Outdoor Space Program (City of Santa Monica)
13 / 20

15.00% 3

35.00% 7

35.00% 7
Q13 How many total parking spaces are available at your business site (approximately)?
Answered: 20 Skipped: 4
TOTAL 20
0% 10% 20% 30% 40% 50% 60% 70% 80% 90% 100%
0-5 parking
spaces
5-10 parking
spaces
10-20 parking
spaces
20 + parking
spaces

ANSWER CHOICES RESPONSES
0-5 parking spaces
5-10 parking spaces
10-20 parking spaces
20 + parking spaces
Asking for a count of existing parking at the site to date with the private outdoor space.

10.C.c
Packet Pg. 629 Attachment: Business Outreach Survey Results (August 3, 2022) [Revision 1] (5356 : Use of Outdoor Space on Private Prop Zoning Ord.

Temporary Outdoor Space Program (City of Santa Monica)
14 / 20
10 149 15
Q14 Has the loss of on-site parking spaces, due to the conversion of such spaces into usable outdoor space, limited customer visits/overall business? Answered: 15 Skipped: 9
Total Respondents: 15
0 1 2 3 4 5 6 7 8 9 10

ANSWER CHOICES AVERAGE NUMBER TOTAL NUMBER RESPONSES
0 = "Has not limited customer visits"
50 = "Somewhat Limited"
100 = "Greatly Limited"
(Average score of respondents) (Sum of Scores, Not Relevant) (Number of Respondents)

10.C.c
Packet Pg. 630 Attachment: Business Outreach Survey Results (August 3, 2022) [Revision 1] (5356 : Use of Outdoor Space on Private Prop Zoning Ord.

Temporary Outdoor Space Program (City of Santa Monica)
15 / 20
96 1,826 19
Q15 Based on your experience to date, what do you value more, using your on-site parking lot for parking or for additional business activity? Answered: 19 Skipped: 5
Total Respondents: 19
0 10 20 30 40 50 60 70 80 90 100

ANSWER CHOICES AVERAGE NUMBER TOTAL NUMBER RESPONSES
100 = "Outdoor space for
business activity"
0 = "Parking"

10.C.c
Packet Pg. 631 Attachment: Business Outreach Survey Results (August 3, 2022) [Revision 1] (5356 : Use of Outdoor Space on Private Prop Zoning Ord.

Temporary Outdoor Space Program (City of Santa Monica)
16 / 20

52.63% 10

63.16% 12

42.11% 8

57.89% 11

42.11% 8

57.89% 11

36.84% 7

26.32% 5
Q16 In terms of designing your outdoor space moving forward, which of the following would you be interested in (check all that apply)? Answered: 19 Skipped: 5
Total Respondents: 19
0% 10% 20% 30% 40% 50% 60% 70% 80% 90% 100%
Installing
permanent...

Using planter
boxes to hel...

Constructing a
finished dec...

Installing
more tempora...

Installing
permanent...

Deploying
umbrellas or...

Installing
ambient...

Adding outlets
or USB ports
Other (please
specify)

ANSWER CHOICES RESPONSES
Installing permanent perimeter railings or barriers (wood, metal, etc.).

Using planter boxes to help enclose the outdoor space
Constructing a finished deck for the outdoor space
Installing more temporary alternate floor coverings (artificial turf, outdoor carpeting, etc.) Installing permanent canopies or other sunshade devices (canvas, etc.) Deploying umbrellas or other moveable shading devices
Installing ambient lighting fixtures (string lights, etc.) Adding outlets or USB ports
Other (please specify)

10.C.c
Packet Pg. 632 Attachment: Business Outreach Survey Results (August 3, 2022) [Revision 1] (5356 : Use of Outdoor Space on Private Prop Zoning Ord.

Temporary Outdoor Space Program (City of Santa Monica)
17 / 20
Q17 Some of the typical outdoor space program requirements are listed below. Which components are you comfortable handling on your own, as opposed to hiring professional support?
Answered: 20 Skipped: 4
Completing the
online...

Preparing site
plans/elevat...

Submitting
photos...

Constructing

10.C.c
Packet Pg. 633 Attachment: Business Outreach Survey Results (August 3, 2022) [Revision 1] (5356 : Use of Outdoor Space on Private Prop Zoning Ord.

Temporary Outdoor Space Program (City of Santa Monica)
18 / 20

65.00%
13 25.00%
5 10.00%
2 0.00%
0 0.00%
0 20

40.00%
8 35.00%
7 5.00%
1 15.00%
3 5.00%
1 20

70.00%
14 20.00%
4 5.00%
1 5.00%
1 0.00%
0 20

55.00%
11 15.00%
3 5.00%
1 15.00%
3 10.00%
2 20

65.00%
13 15.00%
3 15.00%
3 5.00%
1 0.00%
0 20
0% 10% 20% 30% 40% 50% 60% 70% 80% 90% 100%
Very Comfo… Comfortabl… Indifferent Uncomfort…
Very Unco…
Constructing
the outdoor...

Obtaining
City/Alcohol...

VERY

COMFORTABLE

ON MY OWN

COMFORTABLE

ON MY OWN

INDIFFERENT UNCOMFORTABLE

ON MY OWN
VERY

UNCOMFORTABLE

ON MY OWN
TOTAL
Completing the
online application
Preparing site
plans/elevation
drawings for your
outdoor space
area
Submitting photos
documenting the
site
Constructing the
outdoor space
(perimeter
guardrails/barriers,
decks, canopies,
lighting, etc.)
Obtaining
City/Alcoholic
Beverage Control
(ABC) permits to
serve alcoholic
beverages

10.C.c
Packet Pg. 634 Attachment: Business Outreach Survey Results (August 3, 2022) [Revision 1] (5356 : Use of Outdoor Space on Private Prop Zoning Ord.

Temporary Outdoor Space Program (City of Santa Monica)
19 / 20
Q18 Please share any other comments you have about the Outdoor Program below:

Answered: 13 Skipped: 11

1. It is a great program. It would be greatly appreciated if the permanent program could be cost efficient for bars and restaurants who have been hit so hard by the COVID lockdowns, particularly those of us who were not permitted to be open during the lockdowns, even outside.

It can be very profitable, but this is our first full summer and it has still been difficult to get full staff. That situation seems to be improving, but any leniency toward business who were shut down for 15 months, like mine was, would be greatly appreciated, even if it's another free year for the outdoor space or a generous discount for a period of time. The latter would be a win-win for the businesses and the City. We do not miss our parking at all because much of our clientele now takes advantage of Uber and other programs, which is also a benefit to society for people who drink alcohol.

2. It has been a wonderful addition to our business. Locals and tourists both do enjoy being sitting outside. it will also provide extra revenues for the city.

3. This program has been imperative to our recovery! We do realize we're in a unique circumstance: we specialize in getting people together in a community, sweating and breathing heavily. We encourage fitness, and the eight parking spaces in our interior, aux lot (in addition to our 50 parking spaces in our main lot) were a total waste of space. The efficiency of being able to use all the space we have as a business not only helps to insulate us against difficulty with the business climate, but also allows us to properly take advantage of the amazing weather we have here.

4. Most customers are extremely comfortable dining outdoors. The city of SM has great weather for outdoor dining. Outdoor dining creates a much vibrant city wide ambiance... fun, laughter.. the city seems to be alive! It has created unity with neighboring businesses...Getting to know your neighbors...

5. “They couldn’t take this space away from you, can they? We need it! “ is a conversation I have with every customer. During the pandemic everything changed. Most of our pre-pandemic customers are gone. We had to recreate our business from nothing. The protocol system forced us to do that through safety and exclusively, in outside spaces. Many of our customers will never dine inside again. Others will just choose to go to other restaurants with outside spaces. I would be lying if I said that business had not been better than before the pandemic with the extra outside space. But, it would have a devastating effect, if I had to give it up. It would probably drive away half of my current customers and no business can take that hit. By consolidating this program it also allows me to make my space more appealing and safer.

More greenery , wooden deck permanent furniture. Aesthetically pleasing from the outside to draw more customers that are looking for outside dining. In closing, Santa Monica is a perfect place for outside dining and our residents and visitors have come to expect it. Also if the virus has a new, more dangerous, variant again, what do we do? If the space is taken away we will have to dismantle the space and basically, give away all the furniture we bought. Then if it happens again, we rebuild and buy more? I cannot see any alternative to Santa Monica making all of these areas permanent. I know other cities will do it and then we will not be able to compete with them.

6. We use private property that we own for our added outdoor space

7. Guests still heavily request outdoor dining. Guest safety and concerns has far outweighed the few parking spots we lost.

8. We will not be in business if this addition gets taken away. You need to keep it. outdoor dining is win win for everyone

9. I am very comfortable with any business using their own private property (such as ours) to maintain the outdoor usage for business. Parklets and public sidewalks, street parking, etc. that restaurants and other businesses are using should go back to the way they were before COVID.

We have a fully enclosed, gated outdoor parking lot we have been using and our customers absolutely love it, it is the only way we have survived throughout this trying time. We would greatly appreciate the city extending the outdoor program for private properties indefinitely. I don't think we should have to pay any permit fees especially since our rents are already very expensive and we pay a lot in local sales tax anyhow. Thank you.

10.Using my private parking as a dining area is absolutely great. People love to dine outdoors. It will be amazing to keep it permanently. Thank you.

11.All my customers enjoy eating outdoors. They always tell me that they wish that the outdoor dining will stay permanent. They don't mind to walk a few step to get to a parking meter.

12.Our outdoor space has kept our restaurant open. We are still having a hard time filling our indoor spaces to this day.

13. FANTASTIC PROGRAM AND IT HELPED KEEP OUR BUSINESS (SOULCYCLE) ALIVE

10.C.c
Packet Pg. 635 Attachment: Business Outreach Survey Results (August 3, 2022) [Revision 1] (5356 : Use of Outdoor Space on Private Prop Zoning Ord.

Temporary Outdoor Space Program (City of Santa Monica)
20 / 20
Q19 Enter your email below if you would like to receive updates on the future of the permanent Outdoor Space Program.

Answered: 13 Skipped: 11

10.C.c
Packet Pg. 636 Attachment: Business Outreach Survey Results (August 3, 2022) [Revision 1] (5356 : Use of Outdoor Space on Private Prop Zoning Ord.

Board Executives
Chair
Greg Morena
The Albright
Chair-elect
Younes Atallah
Loews Santa Monica Beach
Hotel
Past Chair
Michael Ricks
Providence Saint John’s
Health Center
Treasurer
Len Lanzi
Stubbs, Alderton &
Markiles LLP
Vice Chair
Julia Ladd
Santa Monica
Place/Macerich
Vice Chair
Ellis O’Connor
MSD Hospitality/Fairmont
Miramar Hotel
Vice Chair
Becky Warren
Elevate Public Affairs
Vice Chair
Jasson Crockett
Snap, Inc.

Board Members
Jose Alvarado
Cruise
Craig Babington
Morley Builders
Andrew Barrett-Weiss
GoodRX
Dom Bei
Santa Monica Firefighters
Local 1109
Neil Carrey
Neil Carrey Law
Dr. Ben Drati
SMMUSD
Celia Fisher
Beach Moms Child
Development Center
Board Members, Cont.

Rudy Flores
Santa Monica Police Officers
Association
Edward Guerboian
Edward Avedis Fine Jewelry
Jeffrey Fritz
Fritz Buffone Group | Compass
Realty
Lisa Glasser
Oracle
Ann Hsing
Pasjoli
Kathy Irby
Commercial Bank of California
Jeff Jarow
PAR Commercial
Dr. Kathryn Jeffery
Santa Monica College
Kim Koury
Spin PR
Julien Laracine
Proper Hospitality
Paula Larmore
Harding Larmore Kutcher &
Kozal LLP
Charlie Lopez-Quintana
ETC Hotels
Jonathan McCowan
310 Tutors
Pam O’Connor
Janet Rimicci
UCLA Health
Beth Schroeder
Raines Feldman
Jon Shoemaker
Gumbiner Savett, Inc.

Nat Trives
Coalition for Engaged
Education
March 14, 2023

VIA EMAIL
Santa Monica City Council
[email protected]
Re: Agenda Item No. 10.C: Support for Permanent Program to Allow Commercial Activities on Private Outdoor Open Space
Dear Councilmembers,
The Santa Monica Chamber of Commerce supports the proposed Zoning changes to allow existing outdoor commercial uses on private property (e.g. parking lots/loading areas) to be maintained permanently and new/expanded opportunities going forward. As described in the Staff Report, the current temporary program helped many of our local business stay afloat through COVID, continues to help them recover, and has created much loved and desired activated outdoor space throughout our City. Based on feedback from Chamber members who have successfully operated these spaces over the past few years, we urge the Council to adopt the proposed Zoning changes as recommended by the Planning Commission and City Staff.

With respect to existing operators, we appreciate the "light touch" approach recommended by City Staff and the Planning Commission. Importantly, the Zoning changes will allow existing operators of outdoor space/dining to remain permanently subject to (a) submittal of plans documenting existing conditions and satisfying Building and Fire Code requirements and (b) obtaining approval of such plan by March 31, 2024. (Proposed SMMC Section 9.31.195(W).) This provision and the related Zoning changes are critical to our local businesses. As these open spaces are located on properties with a wide range of land area, we appreciate the Planning Commission and Staff's recognition that a "one size fits all" approach is not appropriate or necessary for these existing operators so long as spaces comply with Building and Fire Code requirements. Our local businesses have invested significant resources and time to make these spaces safe and enjoyable, and we fully support allowing them to continue without being subject to the proposed standards for new/future uses.

In sum, we respectfully request that the Council approve the proposed Zoning changes to expand and maintain outdoor commercial uses on private property as recommended by City Staff and the Planning Commission.

Respectfully Submitted,
Judy Kruger Greg Morena
President/CEO 2022-23 Board Chair

10.C.d
Packet Pg. 637 Attachment: Written Comment (5356 : Use of Outdoor Space on Private Prop Zoning Ord. Changes) City Council
Zoning Ordinance Amendments
Outdoor Space Program & Economic Recovery
March 14, 2023

10.C.e
Packet Pg. 638 Attachment: PowerPoint Presentation (5356 : Use of Outdoor Space on Private Prop Temporary Outdoor Space Program
Background | Emergency Orders, IZOs, Economic Recovery
Established May 29, 2020
 For Businesses within Parklets, Sidewalks, SM Pier, Promenade, Commercial Property  Restaurants, Fitness, Personal Services, Retail, etc.  Temporary Permits Issued via Streamlined Review (no application fees)  Other Land Use Changes: Public Safety, Drive-through COVID testing, Extended TUPs  Temporary Program Expires June 30, 2023
Other Economic Recovery Support: 2-Year Extension of Permit Timeframes  IZO 2698: 2 additional years to exercise rights for Planning Entitlements, Permits, etc  Expired December 31, 2022: Amend ZO to memorialize timeframes for future reference

10.C.e
Packet Pg. 639 Attachment: PowerPoint Presentation (5356 : Use of Outdoor Space on Private Prop Current Outdoor Space Program
 Critical in Supporting Businesses during the Pandemic  New perspective on need for Outdoor Space
 Accommodates customer preference of being outdoors
 Outdoor Space opportunity for business ineligible for parklets  94 Outdoor Space Permits issued on Private Property (37 active)  Primarily Restaurants
 Permanent Program
 Allow Existing Businesses to Retain Existing Permitted Outdoor Space  Continue to provide Flexibility for new Outdoor Space proposals  Exempt from Parking Requirements, Floor Area / Floor Area Ratio  Establish Standards: Mobility/RRR Site Review, Location, Hours

10.C.e
Packet Pg. 640 Attachment: PowerPoint Presentation (5356 : Use of Outdoor Space on Private Prop Planning Commission Recommendation
 January 25, 2023 – Planning Commission Discussion
 Recommended Adoption of Permanent Program
 Recommended Codifying 2-Year Permit Extension (for record keeping)  Acknowledged success of Temporary Outdoor Program
 Expressed importance of continued support to SM Businesses  Recommended Program Flexibility with Limited Restrictions  Recommended changes to draft Program adding greater
flexibility for businesses

10.C.e
Packet Pg. 641 Attachment: PowerPoint Presentation (5356 : Use of Outdoor Space on Private Prop Planning Commission Recommendation
 Proposed Changes to Draft Program
 Eliminate Maximum Allowable Size of Outdoor Space
 Staff Initial Proposal: Max Size 1,000 SF
 PC Recommendation: No Size Limitation
 Eliminate a Maximum Conversion of Parking Spaces for Outdoor Space  Staff Initial Proposal: 50% Max Parking Conversion of existing spaces  PC Recommendation: No Parking Conversion Limitation
 Outdoor space shall comply with Building Code, Fire Code, circulation standards established per Administrative Regulations by Mobility Division.

10.C.e
Packet Pg. 642 Attachment: PowerPoint Presentation (5356 : Use of Outdoor Space on Private Prop Planning Commission Recommendation
 Proposed Changes to Draft Program
 Eliminate Maximum Allowable Size of Outdoor Space
 Eliminate a Maximum Conversion of Parking Spaces for Outdoor Space  Consistent with current Temporary Outdoor Space Program which has no size or parking conversion restrictions;
 Allows for greater flexibility/staff to work with businesses on outdoor spaces workable for the business and overall vehicle circulation safety.  Staff Supports PC Recommendations:

Staff/PC aligned on recommendation and Permanent Program

10.C.e
Packet Pg. 643 Attachment: PowerPoint Presentation (5356 : Use of Outdoor Space on Private Prop Outreach | Site Visits
Site Visits
 Staff visited all 94 temporary outdoor permit holders  34 of the 94 operators still had outdoor seating or barriers in place 1814 Berkeley St 1210 Montana Ave 2901 Pico Blvd

10.C.e
Packet Pg. 644 Attachment: PowerPoint Presentation (5356 : Use of Outdoor Space on Private Prop Outreach | Site Visits
Site Visits
 Staff visited all 94 temporary outdoor permit holders  34 of the 94 operators still had outdoor seating or barriers in place 2420 Pico Blvd | Lunetta 1610 Montana Ave | Forma Restaurant

10.C.e
Packet Pg. 645 Attachment: PowerPoint Presentation (5356 : Use of Outdoor Space on Private Prop Outreach | Survey
Survey
 Staff distributed a survey to 94 existing temporary outdoor permit holders  Received 24 responses.

How is the space used? How often is the space used?

10.C.e
Packet Pg. 646 Attachment: PowerPoint Presentation (5356 : Use of Outdoor Space on Private Prop Outreach | Survey
Survey
What is the size of the space? What other amenities are you interested in?

10.C.e
Packet Pg. 647 Attachment: PowerPoint Presentation (5356 : Use of Outdoor Space on Private Prop Outreach | Survey
Survey
Existing Size Delta Desired Size
300-600 square feet / 2-4 parking spaces N/A
300-600 square feet / 2-4 parking spaces = 300-600 square feet / 2-4 parking spaces 300-600 square feet / 2-4 parking spaces = 300-600 square feet / 2-4 parking spaces 300-600 square feet / 2-4 parking spaces = 300-600 square feet / 2-4 parking spaces 300-600 square feet / 2-4 parking spaces < 600-1,000 square feet / 4-6 parking space 600-1,000 square feet / 4-6 parking space = 600-1,000 square feet / 4-6 parking space 600-1,000 square feet / 4-6 parking space = 600-1,000 square feet / 4-6 parking space 600-1,000 square feet / 4-6 parking space < 1,000-1,600 square feet / 6-10 parking spaces 600-1,000 square feet / 4-6 parking space < 1,000-1,600 square feet / 6-10 parking spaces 1,000-1,600 square feet / 6-10 parking spaces > 300-600 square feet / 2-4 parking spaces 1,000-1,600 square feet / 6-10 parking spaces = 1,000-1,600 square feet / 6-10 parking spaces 1,000-1,600 square feet / 6-10 parking spaces = 1,000-1,600 square feet / 6-10 parking spaces 1,000-1,600 square feet / 6-10 parking spaces = 1,000-1,600 square feet / 6-10 parking spaces 1,000-1,600 square feet / 6-10 parking spaces < 1,600+ square feet / 10 parking spaces 1,600+ square feet / 10 parking spaces = 1,600+ square feet / 10 parking spaces 1,600+ square feet / 10 parking spaces = 1,600+ square feet / 10 parking spaces 1,600+ square feet / 10 parking spaces = 1,600+ square feet / 10 parking spaces 1,600+ square feet / 10 parking spaces = 1,600+ square feet / 10 parking spaces 1,600+ square feet / 10 parking spaces = 1,600+ square feet / 10 parking spaces 1,600+ square feet / 10 parking spaces = 1,600+ square feet / 10 parking spaces Existing Size Versus Desired Size
Open Ended Comments:
 Make permanent program cost
efficient and easy;
 Outdoor seating is enjoyed by
customers;
 Better use of off-street parking;
 Helps business now and during
the pandemic.

10.C.e
Packet Pg. 648 Attachment: PowerPoint Presentation (5356 : Use of Outdoor Space on Private Prop Evaluation | Interdepartmental Review
Staff Coordination with City Divisions
 Building and Safety
 Mobility
 Resource, Recovery, Recycling (RRR)
 Economic Development

10.C.e
Packet Pg. 649 Attachment: PowerPoint Presentation (5356 : Use of Outdoor Space on Private Prop Interdepartmental Review | Building and Safety
Building and Safety
 Involvement will remain consistent moving forward:
 Plan review against building code
 Permit issuance for any structural and electrical work.  Standards will reflect the minimum requirements for building and safety: ADA access, barriers, building permits
 Administrative Regulations will provide businesses with options for minimal outdoor space design that would avoid a complicated permit review process (based on permit review thresholds).

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Packet Pg. 650 Attachment: PowerPoint Presentation (5356 : Use of Outdoor Space on Private Prop Interdepartmental Review | Mobility
Mobility
 No explicit issues or complaints received related to parking, circulation, or loading with the temporary program
 Ordinance and Administrative Regulations developed in coordination with Mobility to address parking, circulation, and loading concerns:
 Parking and Loading Operations Plan (PLOP) for any outdoor space impacting loading areas;
 Outdoor space where customers or staff cross an alley (public right of way) are to be approved subject to review and additional safety requirements by Mobility.  Prohibit blocking or removing curb cuts and drive aisles used to access active parking areas
 Require the closure of excess curb cuts blocked by outdoor areas.

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Packet Pg. 651 Attachment: PowerPoint Presentation (5356 : Use of Outdoor Space on Private Prop Interdepartmental Review | RRR
Resource, Recovery, Recycling (RRR)
 No explicit issues or complaints received related to trash and recycling with the temporary program
 RRR staff to continue to review permanent outdoor program applications to ensure refuse operations are not impacted by outdoor proposals (clearance, driveway visibility, refuse storage area access).

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Packet Pg. 652 Attachment: PowerPoint Presentation (5356 : Use of Outdoor Space on Private Prop Interdepartmental Review | Econ. Development
Economic Development
 Initial interest from fitness operators during the temporary outdoor program to operate solely outdoors on underutilized surface parking lots.  Use as proposed would not be a part of or associated with an existing use on the site.
 Staff does not recommend including this in the permanent program due to the following:
 No recent interest has been expressed by any fitness operators or any other use;  Noise and other impacts may be generated from a use that is exclusively outside on a parking lot;
 Unfair advantage over businesses required to operate out of a leased commercial tenant space.

10.C.e
Packet Pg. 653 Attachment: PowerPoint Presentation (5356 : Use of Outdoor Space on Private Prop Proposed Program
Program Goals:
 Promote economic development and business retention
 Provide flexibility and ease for businesses
 Ensure fire, life and safety issues are addressed
 Mitigate impacts to the site and surrounding land uses (land uses, parking, circulation, noise).

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Packet Pg. 654 Attachment: PowerPoint Presentation (5356 : Use of Outdoor Space on Private Prop Proposed Program | Land Use Updates
Changes to Permitted Land Uses
Clarify that outdoor space may be located on adjacent surface parking lots currently serving on-site commercial uses.
 Temporary Program
 Commercial zones only
 Located on the same or adjacent parcel
 Permitted uses based on the underlying zone, except for auto and liquor stores are prohibited.
 Permanent Program
 Located on adjacent parking lots that serve the commercial use (residentially or commercially zoned)
 Prohibit animal care uses, in addition to existing prohibition on auto uses.

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Packet Pg. 655 Attachment: PowerPoint Presentation (5356 : Use of Outdoor Space on Private Prop Proposed Program | Floor Area and Parking
Outdoor spaces will not be considered floor area, an expansion of use, or require additional parking. Additionally, legal non-conforming uses may participate and not count as an expansion of a non-conforming use
 Temporary Program
 Floor Area Ratio and Parking requirements were suspended  Permanent Program
 Outdoor Spaces are exempt from:
Floor area
Floor area ratio calculations
 Parking requirements
 Legal non-conforming uses: outdoor spaces not considered expansion of area

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Packet Pg. 656 Attachment: PowerPoint Presentation (5356 : Use of Outdoor Space on Private Prop Allowable Size | Conversion of Parking
No Changes Proposed (per PC Recommendation)
 Temporary Program:
 No size limitation or limitation on number of parking spaces converted  ADA spaces must be maintained and accessible
 All building egress maintained
 Permanent Program: No Size/Parking Conversion Limitations Ensure Safe Circulation, Loading, Refuse Operation Needs  No cap on size & the percentage of parking spaces to be converted (Planning Commission Recommendation)
 Outdoor space shall comply with Building Code, Fire Code, circulation standards established per Administrative Regulations by Mobility Division.  Staff to work with businesses on outdoor spaces to ensure vehicle circulation/patron safety, loading efficiency, refuse operations.

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Packet Pg. 657 Attachment: PowerPoint Presentation (5356 : Use of Outdoor Space on Private Prop Proposed Program | Location Requirements
Change: Added setback from abutting residential uses
 Temporary Program:
 Surface parking lots, common open areas (courtyards, rooftops)  No setback requirements when adjacent to residential uses  Permanent Program:
 Same locations
 15-foot setback from property line abutting residential uses  Clear of driveways/aisles used to access parking, ADA spaces, loading, refuse  Location subject to Mobility review to ensure adequate overall circulation/safety

10.C.e
Packet Pg. 658 Attachment: PowerPoint Presentation (5356 : Use of Outdoor Space on Private Prop Decks, Canopies, Structures, Heaters, ADA
Change: Prohibits use of Temporary Tents/Canopies as Permanent Fixtures  Temporary Program:
 Permit Thresholds for decks, temporary canopies, structures, heaters  ADA access and building egress to be maintained
 Permanent Program:
 Same Permit Thresholds and ADA requirements
 Prohibits the use of temporary tents/canopies as permanent fixtures  Allow use of temporary tents/canopies during winter seasons on temporary basis  Helps to address safety wind-load concerns with temporary tents/canopies  Helps to encourage businesses to invest in permanent materials/design quality  Established in Administrative Regulations

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Packet Pg. 659 Attachment: PowerPoint Presentation (5356 : Use of Outdoor Space on Private Prop Change: Establishes operating hours for Restaurants and Fitness, includes use of televisions or screen projectors as prohibited speaker amplification  Temporary Program:
 Currently based on business’ operating hours prior to Pandemic  Currently Outdoor spaces are subject to the Noise Ordinance  Speaker amplification is prohibited
 Permanent Program:
 Establish operating hours for Restaurants and Fitness/Training  Restaurants: 8am-11pm
 Fitness/Training: 7am-7pm
 Minimizes potential noise impacts to surrounding uses (residential)  Clarifies that televisions and screen projectors prohibited in outdoor space Hours of Operation | Noise

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Packet Pg. 660 Attachment: PowerPoint Presentation (5356 : Use of Outdoor Space on Private Prop Temporary Program:
 Restaurant required to obtain all required alcohol permits from City and ABC
Permanent Program:
 No Changes Proposed
 Applicants will be required to amend their alcohol entitlements to include the outdoor area, or apply for a new alcohol exemption if the operator does not currently have an alcohol entitlement.

Proposed Program | Alcohol Permits

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Packet Pg. 661 Attachment: PowerPoint Presentation (5356 : Use of Outdoor Space on Private Prop Continue to update existing Administrative Regulations
 Temporary Program:
 Established Administrative Regulations include standards and requirements for Temporary Outdoor Space Program
 Permanent Program:

Update Administrative Regulations including but not limited to:
 Building and Fire Code requirements
 Mobility clearances, PLOP
 Design Standards for decks, barriers, shading devices, lighting, furniture, signage  Parking Lot Circulation
Administrative Regulations

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Packet Pg. 662 Attachment: PowerPoint Presentation (5356 : Use of Outdoor Space on Private Prop Exemptions from Size, Location, Hours of Operations, Conversion of Parking Spaces
 Temporary Program:
 Allows conversion of areas not a part of the primary Pier deck access way.  Permanent Program:
 Exempts the following requirements:
 Max Size
 Location
 Hours of Operations
 Conversion of Parking Spaces
Santa Monica Pier

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Packet Pg. 663 Attachment: PowerPoint Presentation (5356 : Use of Outdoor Space on Private Prop Allow non-conforming commercial uses to participate in Program  Temporary Program:
 Underlying zoning determines eligible uses
 Permanent Program:
 Existing businesses considered legal non-conforming uses would be eligible for the Program
 Outdoor Space would not be considered an expansion of a non-conforming use (prohibited uses or those non-conforming due to lack of Planning Entitlements)  Proposed program standards including size, location, and operating hours would be in place to ensure the compatibility of outdoor activity with nearby uses.

Existing Non-Conforming Uses

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Packet Pg. 664 Attachment: PowerPoint Presentation (5356 : Use of Outdoor Space on Private Prop What’s required for existing permit holders to transition into the Permanent Program?
 Permit Renewals Through March 31, 2024
 Renewal Application and submittal of plans (fees waived) by October 31, 2023  Plans to reflect permitted outdoor space
 Ensure outdoor spaces have required Building and Fire permits  Renewal of Existing Outdoor Spaces not subject to new standards  Existing permit holders seeking intensifications to their outdoor space subject to new permit and standards
 Wastewater Fees: 3-year payment plan for restaurant permit renewals.  New Applications:
 Subject to Zoning Conformance Review/application fees  Subject to Program Requirements
Application Process | Permit Renewals

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Packet Pg. 665 Attachment: PowerPoint Presentation (5356 : Use of Outdoor Space on Private Prop Steps for Business Outreach to Existing Permit Holders
 Door-to-door to businesses and property owners in the temporary program
Email and phone call follow-ups
 Digital outreach coordinated with the Communications Team Coordination with Economic Development Divisions, Business Improvement Districts, and Chamber of Commerce.

Existing Permit Holders | Business Outreach

10.C.e
Packet Pg. 666 Attachment: PowerPoint Presentation (5356 : Use of Outdoor Space on Private Prop  Establishment of new Section 9.31.199
 Chapter 9.31 Standards for Specific Uses and Activities amended to include new section
 Proposed Revised Language to “Definitions” and “Permitted Uses”  Consistency with Zoning Ordinance:
 9.04.080 Determining Floor Area
 9.04.090 FAR Determining Floor Area Ratio
 9.27.050 Legal Non-Conforming Uses
 9.28.040(A)(4) Calculating Off-Street Parking and Loading Spaces  9.31.200 Outdoor Dining and Seating
SMMC 9.31.199 | Outdoor Commercial Uses on Private Property

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Packet Pg. 667 Attachment: PowerPoint Presentation (5356 : Use of Outdoor Space on Private Prop Other Changes Related to Emergency Response and Economic Recovery:
 Other Provisions Set to Expire with IZO 2724 (no longer in State of Emergency)  Public Safety Facilities and Emergency Shelters in all Districts  Drive-Through facilities for COVID testing and vaccinations  Temporary Use Permits up to 6-months without a Minor Use Permit  Off-Site Alcohol Sales for Restaurants
 Codify Extension of Permit Timeframes to ZO: IZO 2698  Additional 2-year extension for Planning Entitlements active as of 3/13/20 - 12/31/22  Timeframe to request time extension changed to any time prior to 30 days of expiration  Memorializes timeframe extensions for future reference Other Zoning and Land Use Changes

10.C.e
Packet Pg. 668 Attachment: PowerPoint Presentation (5356 : Use of Outdoor Space on Private Prop Council Focus
 Whether the proposed Program provides adequate flexibility in support of business retention and new business.
 Whether the proposed Program standards are adequate in ensuring neighborhood compatibility.
 Other recommendations to the Program for consideration.

10.C.e
Packet Pg. 669 Attachment: PowerPoint Presentation (5356 : Use of Outdoor Space on Private Prop Recommendation
Amendments are consistent with LUCE Policies:
 (LU-9) Adapt to changing conditions and to support small businesses  (Goal E1) Create economic base that satisfies the commercial needs of the City’s residents while providing employment opportunities and a strong fiscal infrastructure for the City

1. Council Adoption of Permanent Outdoor Space Program & Memorialize the 2-Year Permit Extension in Zoning Ordinance

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Packet Pg. 670 Attachment: PowerPoint Presentation (5356 : Use of Outdoor Space on Private Prop

10.C.e
Packet Pg. 671 Attachment: PowerPoint Presentation (5356 : Use of Outdoor Space on Private Prop Proposed Program | AB 2097
Minimum Parking Requirements Eliminated for Residential and Commercial Development Within ½ Mile of a Major Transit Stop  Includes a majority of Commercial Boulevards in the City, except for Ocean Park Boulevard, Pico Boulevard, and Montana Avenue.  No parking requirement expands the relaxed parking standards implemented through AB 2097 to all Commercial Boulevards.  In the spirit of economic development and business retention, no additional parking required for new outdoor space,
 No parking concerns expressed during Pandemic (businesses or residents)

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Packet Pg. 672 Attachment: PowerPoint Presentation (5356 : Use of Outdoor Space on Private Prop Proposed Program | AB 2097

10.C.e
Packet Pg. 673 Attachment: PowerPoint Presentation (5356 : Use of Outdoor Space on Private Prop City Council
Report
City Council Meeting: March 14, 2023
Agenda Item: 11.A
1 of 3
To: Mayor and City Council
From: Denise Anderson Warren, City Clerk, Records and Election Services Department
Subject: Adoption of a Resolution Amending the Policies for Board and Commission Recommended Action
Staff recommends that the City Council:

1. Adopt a resolution amending the Policies for City Boards, Commissions, Committees, Task Forces, and Regional Advisory Boards, and repealing Resolution No. 11396 (CCS) and

2. Consider an attendance policy regarding board/commission members attending meetings via teleconferencing rules under the Brown Act.

Summary
Beginning March 1, 2023, all City of Santa Monica boards and commissions resumed in-person public meetings as a result of Governor Newsom sunsetting the COVID-19 state of emergency orders effective February 28, 2023. This creates an opportune time to review the current policies governing boards, commissions, committees, task forces, and regional advisory boards and propose amendments to provide clarification of existing practices and ensure consistency with applicable Council Rules.

Discussion
Amending the Policies for City Boards, Commissions, Committees, Task Forces, etc.

The proposed amendments to the boards and commissions policies, attached as Exhibit A, include the following:

1. Recognition of outgoing members.

2. Method for presenting annual reports, when no Annual Dinner is budgeted.

11.A
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2 of 3

3. Establishing a policy for appointing secretaries.

4. Establishing a deadline for submittal of agendas to the City Clerk’s Office

5. Discontinuing the requirement for board and commission members to receive onboarding training within the first 90 days of their appointment.

Teleconferencing Attendance Policy
The COVID-19 pandemic required boards and commissions to move public meetings to a virtual platform. The state legislature adopted AB 361, which relaxed the teleconferencing rules established by the Brown Act. The sunsetting of the COVID-19 state of emergency orders means that while AB 361 will remain in effect until January 1, 2024, COVID will no longer be applicable for invoking AB 361 to permit meetings to continue to be held virtually and all public bodies will need to revert to the teleconferencing rules prescribed by the Brown Act.

The state legislature has adopted AB 2449 which does allow for limited participation of members to continue to attend meetings remotely. However, unlike the Brown Act, there are strict guidelines as to the permitted reasons a member can attend a meeting remotely, attendance policies for how many meetings a member may attend remotely based on the number of regular meetings held by the body per year, and the requirement that the member must be able to participate in the meeting through both audio and visual technology. Because of the costs of upgrading City meeting facilities and the staffing required to support hybrid meetings, the City is unable to implement AB 2449 and the City’s Brown Act bodies must resume practices as they were prior to COVID-19.

On February 14, 2023, the City Attorney’s Office issued a formal opinion regarding whether the City is required to provide an accommodation for a member with a disability to attend a meeting remotely under the Federal Americans with Disabilities Act. The opinion states that a pre-requisite of being a member on a public body is the ability to attend public meetings in-person and therefore the City is not required to provide such an accommodation.

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Staff is seeking direction from Council as to whether it is in the best interest of the City to adopt an attendance policy to limit the number of times a member can attend meetings remotely under the Brown Act since it is silent on this matter. Staff recommends Council adopt the same attendance policy as stipulated in AB 2449 to ensure consistency in policy should the City be in the position to implement hybrid meetings in the future. Under AB 2449 a member of a legislative body may not participate from a remote location for a period of more than three consecutive months, or 20 percent of the regular meetings for the local agency within a calendar year, or more than two meetings if the legislative body regularly meets fewer than 10 times per calendar year.

Environmental Review
This is not a project for purposes of the California Environmental Quality Act.

Financial Impacts and Budget Actions
There are no budgetary impacts associated with this staff report.

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

A. Exhibit A - 20230314 Board and Commission Policies Resolution B. PowerPoint Presentation

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City Council Meeting: March 14, 2023 Santa Monica, California RESOLUTION NUMBER _____ (CCS)
(City Council Series)

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA

ESTABLISHING POLICIES FOR CITY BOARDS, COMMISSIONS, COMMITTEES,

TASK FORCES, AND REGIONAL ADVISORY BOARDS, AND REPEALING RESOLUTION NUMBER 11396 (CCS)
WHEREAS, maximizing public participation in government effectuates fundamental principles of democracy; and
WHEREAS, the residents of Santa Monica have a strong commitment to participating in their local government; and
WHEREAS, the City of Santa Monica (“City”) has established numerous boards, commissions, committees, and task forces to facilitate public participation in government and thereby ensure representation of diverse viewpoints and interest; and WHEREAS, setting term limits and establishing policies for boards, commissions, committees, and task forces ensures that opportunities for participation will be maximized and that boards, commissions, task forces and committees will function productively; and
WHEREAS, the City Council (“Council”) desires to establish term limits and other policies in relation to participation in City boards, commissions, committees, and task forces and the conduct of board, commission, committee, and task force committee meetings; and

11.A.a
Packet Pg. 677 Attachment: Exhibit A - 20230314 Board and Commission Policies Resolution [Revision 3] (5351 : Amend Board & Commissions Resolution) WHEREAS, the Council intends such policies to both maximize opportunities for participation in City government and provide the flexibility to ensure that boards, commissions, committees, and task forces have the expertise and qualifications necessary to discharge their duties.

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

SECTION 1. Appointments to City Boards, Commissions, Committees, and Task Forces.

Except as otherwise provided by motion of the City Council, the procedure for making appointments to City boards, commissions, committees, and task forces shall be as follows:

A. When a vacancy occurs, as a result of the expiration of the term of an appointment, on any City board, commission, committee, or task force, the City Clerk shall publish a notice of the vacancy at least once in The Santa Monica Daily Press, or a newspaper of general circulation, and post the notice of the vacancy on the City’s website. The City Clerk shall publish the notice of vacancy and post it on the City’s website no less than thirty (30) days before the vacancy occurs. The notice shall request that any interested party submit an application to the City Clerk. The notice shall also specify the position for which a vacancy has occurred, the term of office for the position to be filled, and a reasonable day by which interested parties must submit applications for the position. The deadline for submission of applications shall not be less than fifteen (15) days prior to the end of the term. Where the appointment is forthe

11.A.a
Packet Pg. 678 Attachment: Exhibit A - 20230314 Board and Commission Policies Resolution [Revision 3] (5351 : Amend Board & Commissions Resolution) purpose of filling an unscheduled vacancy, a special vacancy notice shall be posted at City Hall and Main Library not earlier than 20 days before or not later than 20 days after the vacancy occurs. Final appointment shall not be made for at least 10 working days after the posting of the notice.

B. Applications for board, commission, committee, and task force positions shall be made on the City’s website or in writing to the City Clerk on forms supplied by the City Clerk. Applications submitted after the deadline shall not be considered. The applications shall be public records except for the portion of the application which is specifically described as confidential.

C. The City Clerk shall collect all written applications which are received by the deadline date and shall thereafter cause the matter of filing the board, commission, committee, or task force vacancy to be placed upon the City Council agenda. The City Clerk shall transmit to the City Council the information contained on all written applications which have been received prior to the deadline date.

D. Boards, commissions, committees, or task forces shall not take any official action to recommend any specific appointees to the City Council, although individual members may make recommendations as individuals.

E. Following consideration of the applications received for each board, commission, committee, or task force vacancy, the City Council shall make appointments in open session at a City Council meeting to fill the vacancy.

F. In compliance with California Government Code Section 54972 et seq. (the Maddy Act), the City Clerk shall prepare a Local Appointments List and make available to the public. The Local Appointments List shall consist of the following:

11.A.a
Packet Pg. 679 Attachment: Exhibit A - 20230314 Board and Commission Policies Resolution [Revision 3] (5351 : Amend Board & Commissions Resolution) 1) a list of all current City boards, commissions, committees, and task forces; 2) a current list of all vacancies on all City boards, commissions, committees, and task forces;
3) the terms of all current individuals serving on City boards, commissions, committees, and task forces; and,
4) the qualifications for serving on all City boards, commissions, committees, and task forces.

The City Clerk shall maintain a current Local Appointments List on the City’s website.

G. A person is ineligible to serve on all City boards, commissions, committees, and task forces if that person is a close family relative of a current Councilmember. The term “relative” means wife, husband, registered domestic partner, son, daughter, mother, father, brother or sister.

SECTION 2. Term Limits for Boards, Commissions, Committees, and Task Forces The following definitions and policies shall apply to City boards, commissions, committees, and task forces, including the boards of the non-profit agencies, Santa Monica Pier Corporation, Downtown Santa Monica, Inc., and Santa Monica Travel and Tourism.

A. The length of term for each City-appointed board, commission, committee, and task force is set forth in the Municipal Code, the City Charter, or the by-laws of the board, commission, committee, or task force.

B. A full term is defined as serving three-fourths or more of a term, whether it

11.A.a
Packet Pg. 680 Attachment: Exhibit A - 20230314 Board and Commission Policies Resolution [Revision 3] (5351 : Amend Board & Commissions Resolution) is an appointment to an annual vacancy or to an unscheduled vacancy.

C. A partial term is defined as serving less than three-fourths of a term, whether it is an appointment to an annual vacancy or to an unscheduledvacancy.

D. Term Limits for Boards, Commissions, Committees, and Task Forces

1. All members of boards, commission, and committees, except tenant members of the Housing Commission and task forces, are limited to serving two consecutive terms. However, a third consecutive term may be served if the member makes a written request to serve a third term, or a Councilmember nominates a member to a third term, and the City Council approves the third term by a two-thirds vote. Tenant members of the Housing Commission are limited to serving four consecutive, two-year terms, except that a fifth or sixth, two-year consecutive term may be served if the member makes a written request or a Councilmember nominates the member, and the City Council approves the fifth or sixth term by a two-thirds vote.

Members of task forces may serve for an indefinite number of two-year terms. Term limits for directors on the Santa Monica Pier Corporation, Santa Monica Travel and Tourism, and Downtown Santa Monica, Inc., are determined by the boards’ by-laws.

2. The total number of members that may serve a third consecutive term on a board, commission, or committee at the same time is limited to no more than one-third of the membership of that board, commission, or committee but the Council may, by two-thirds vote, make an exception in order to fill positions on boards, commissions, and committees that have specific qualifications, such as professional standing or expertise.

3. After serving the maximum number of consecutive terms allowed, a

11.A.a
Packet Pg. 681 Attachment: Exhibit A - 20230314 Board and Commission Policies Resolution [Revision 3] (5351 : Amend Board & Commissions Resolution) member may not serve again on the same board, commission, committee, or task force until four years after the member’s final term has expired.

4. Members must wait at least one year after terming out of serving on a board, commission, committee, or task force before serving on a different board, commission, committee, or task force.

E. Term Limits for Regional Advisory Boards.

1. Members of the Los Angeles County West Vector Control District are limited to serving two consecutive terms. However, a third consecutive term may be served if the member makes a written request to serve a third term, or a Councilmember nominates a member to a third term, and the City Council approves the third term by a two-thirds vote. The current members of the Los Angeles County Vector Control District as of the date of adoption of Resolution No. 11396 shall serve the remainder of their term but shall be ineligible to serve any subsequent term.

2. Members of the Los Angeles County Metropolitan Water District are limited to serving two consecutive terms. However, a third consecutive term may be served if the member makes a written request to serve a third term, or a Councilmember nominates a member to a third term, and the City Council approves the third term by a two-thirds vote. The current members of the Los Angeles County Metropolitan Water District as of the date of adoption of Resolution No. 11396 shall serve the remainder of their term but shall be ineligible to serve any subsequent term.

F. Recognition of Outgoing Members.

Members of boards, commissions, committees, task forces, and regional advisory bodies who leave service for reasons including terming out; not seeking re-appointment; or not securing the votes to be re-appointed, shall be recognized for their service at the first Council meeting after annual appointments take place.

11.A.a
Packet Pg. 682 Attachment: Exhibit A - 20230314 Board and Commission Policies Resolution [Revision 3] (5351 : Amend Board & Commissions Resolution) SECTION 3. Membership on One Board, Commission, Committee, or Task Force.

No person shall serve simultaneously on more than one board, commission, committee, or task force, including the Santa Monica Pier Corporation, Downtown Santa Monica, Inc., Santa Monica Travel and Tourism, and the regional advisory boards. This section shall not apply to advisory boards reporting to City staff or boards, commissions, or task forces.

SECTION 4. Reimbursement of Expenses.

Members of boards, commissions, committees, and task forces shall be reimbursed for expenses in the amount of up to $25.00 per meeting, not to exceed the amount of $50.00 per month pursuant to the forms and administrative procedures established by the City.

SECTION 5. Use of City Funds.

Allocated funds are restricted to the following: Participation or sponsorship fees for local events; dues/memberships to other organizations that align with board, commission, committee, or task force goals; conferences/trainings that align with board, commission, committee, or task force goals, costs related to board, commission, committee, and task force materials, including printing of materials, postage, giveaways for events, supplies for City-sponsored events, food for City retreats, and accommodation services such as signing and closed captioning.

SECTION 6. Biennial Review of Agendas and Minutes and Five-Year Comprehensive Review.

The City Clerk is hereby directed to conduct biennial reviews of board,

11.A.a
Packet Pg. 683 Attachment: Exhibit A - 20230314 Board and Commission Policies Resolution [Revision 3] (5351 : Amend Board & Commissions Resolution) commission, committee, and task force agendas and minutes, including the agendas and minutes of the Santa Monica Pier Corporation, Downtown Santa Monica, Inc., and Santa Monica Travel and Tourism, and to act, as needed, to ensure that they comply with legal requirements, including the Ralph M. Brown Act, and maintain uniform content and format with the City Council’s agendas and minutes. The City Clerk is also hereby directed to conduct a comprehensive review of all advisory bodies every five years, except that no such review shall occur in an election year.

SECTION 7. Annual Dinner and Presentation of Annual Reports.

The City Clerk is directed to organize and hold an Annual Dinner which shall serve as the annual report to Council by the City-appointed boards, commissions, committees and task forces, and the appointees to the regional advisory boards. If the Annual Dinner is unable to be held in a given year, annual reports shall be presented during the Council meetings scheduled in the first quarter of the fiscal year. The schedule shall be at the discretion of the City Clerk.

SECTION 8. Written Communications.

No City-appointed board, commission, committee, or task force shall send any official resolution or other correspondence of the board, commission, committee, or task force on any matter to City policy to any non-City agency, board, commission, committee, or task force unless the board, commission, committee, or task force voted to do so and obtains prior approval of the City Council.

All City-appointed board, commission, committee, and task force members are issued City emails addresses, which must be utilized for all City business.

SECTION 9. Secretaries
In compliance with the Brown Act and Section 1004 of the Santa Monica City

11.A.a
Packet Pg. 684 Attachment: Exhibit A - 20230314 Board and Commission Policies Resolution [Revision 3] (5351 : Amend Board & Commissions Resolution) Charter, the City Manager shall designate a City employee to act as secretary for each of the boards, commissions, and task forces, including their subcommittees, which are subject to the Brown Act, for the purpose of keeping a record of their proceedings and transactions. Ad hoc committees, or committees established for a period of no more than one year, are not required to have appointed secretaries.

SECTION 10. Conduct of Meetings and Drafting of Agendas and Minutes.

The Rules of Order and the Procedures for the Conduct of the City Council meetings, as may be amended from time to time, shall serve as a general guideline for the conduct of meetings of the City-appointed boards, commissions, committees, and task forces which have not adopted their own rules or bylaws. All City-appointed boards, commissions, committees, and task forces shall adopt their own rules or bylaws in accordance with the template prescribed by the City Clerk. All boards, commissions, committees, and task forces shall use the agenda and minutes templates prescribed by the City Clerk. Agendas for posting must be submitted to the City Clerk’s Office no later than 4:30 p.m. in advance of the 72 hours (for Regular meetings) or 24 hours (for Special meetings) notification deadlines under the Brown Act. Failure to do so may result in the cancellation of a meeting.

SECTION 11. Attendance at Meetings.

The following attendance policies apply to all members of City boards, commissions, committees, and task forces, including the Santa Monica Pier Corporation, Downtown Santa Monica, Inc., Santa Monica Travel and Tourism, and the regional advisory boards.

A. An absence is defined as a failure to attend at least two-thirds of a regular or special meeting.

B. An absence is considered excused when a member communicates the

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Packet Pg. 685 Attachment: Exhibit A - 20230314 Board and Commission Policies Resolution [Revision 3] (5351 : Amend Board & Commissions Resolution) member’s absence to the Chair or staff liaison prior to the start of a regular or special meeting.

C. An absence is considered unexcused when a member does not communicate that member’s absence to the Chair or staff liaison prior to the start of a regular or special meeting, or, in the event of an emergency, as soon as practicable after the emergency but in no event later than two calendar days after the start time of the meeting.

D. In special circumstances, prolonged absences may be excused upon approval of the board, commission, committee, or task force, which shall then be reported by the City staff liaison to the City Clerk.

E. Except for the regional advisory board appointments, City staff liaison to all boards, commissions, committees, and task forces shall report all absences to the City Clerk.

F. The City Clerk shall provide the City Council with a summary of attendance for all board, commission, committee, and task force members in June and December of each year.

G. For boards, commissions, committees, or task forces that meet monthly, upon the accumulation of two unexcused absences from regular meetings occurring over the course of six consecutive regular meetings, a member of a board, commission, committee, or task force automatically vacates membership on the board, commission, committee, or task force.

H. Additionally, the Chair shall warn any member who has more than two excused absences from any six consecutive meetings. If another two meetings are missed, whether as the result of excused or unexcused absences, the Staff Liaison shall inform the City Clerk, who will then inform the City Council.

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Packet Pg. 686 Attachment: Exhibit A - 20230314 Board and Commission Policies Resolution [Revision 3] (5351 : Amend Board & Commissions Resolution) I. The following attendance policy shall apply to members who attend meetings remotely under the rules of the Brown Act: Members may not participate from a remote location for a period of more than three consecutive months, or 20 percent of the regular meetings for the local agency within a calendar year, or more than two meetings if the legislative body regularly meets fewer than 10 times per calendar year.

SECTION 12. All boards, commissions, committees, and task forces must produce an annual workplan setting priorities for the upcoming year. Each workplan shall align with that board, commission, committee, or task force’s corresponding City department’s goals and objectives. In addition, all boards, commissions, committees, and task forces shall produce an annual one-page evaluation of their work over the preceding year.

SECTION 13. Attendance at Ethics Training - Government Code Section 53235 (AB 1234).

Government Code Section 53235 (AB 1234) mandates two hours of ethics training for local officials every two years. The City Clerk shall provide the City Council with a summary of attendance by City Council-appointed board, commission, committee, and task force members, including members of the Santa Monic Pier Corporation, Downtown Santa Monica, Inc., Santa Monica Travel and Tourism, and the regional advisory boards after the biennial training and before making annual appointments. All newly appointed members are required to take the mandated ethics training as soon as practicable, but no later than within 30 days of being appointed.

SECTION 14. Other Trainings
The City Clerk in conjunction with the City Attorney shall develop and implement

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Packet Pg. 687 Attachment: Exhibit A - 20230314 Board and Commission Policies Resolution [Revision 3] (5351 : Amend Board & Commissions Resolution) onboarding training for new members and annual training for members, chairs, and vicechairs of boards, commissions, and task forces, and shall provide City staff liaisons with training guidelines. All members are required to complete the onboarding or annual training as soon as practicable.

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Packet Pg. 688 Attachment: Exhibit A - 20230314 Board and Commission Policies Resolution [Revision 3] (5351 : Amend Board & Commissions Resolution) SECTION 15. Council Liaisons
Each Council member may serve as a liaison to no more than two boards or commissions each year. Council liaisons serve as connections between the City Council and boards and commissions, but Council liaisons are neither required to attend board and commission meetings or maintain any voting power on boards and commissions. Council members cannot serve as Council liaisons to any board or commission with quasi-judicial authority (i.e. Planning Commission, Landmarks Commission, Architectural Review Board).

SECTION 16. The City Clerk will provide an annual report to inform the City Council on the aggregate demographic profile of the City’s boards, commissions, and task forces.

SECTION 17. Resolution Number 11396 (CCS) is repealed in its entirety.

SECTION 18. 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 T. SLOAN
City Attorney

11.A.a
Packet Pg. 689 Attachment: Exhibit A - 20230314 Board and Commission Policies Resolution [Revision 3] (5351 : Amend Board & Commissions Resolution) Amend Board & Commission
Rules
Tuesday, March 14, 2023

11.A.b
Packet Pg. 690 Attachment: PowerPoint Presentation (5351 : Amend Board & Commissions Resolution) Recommendations

1.Adopt a resolution amending the Policies for City
Boards, Commissions, Committees, Task Forces,
and Regional Advisory Boards, and repealing
Resolution No. 11396 (CCS) and

2.Consider an attendance policy regarding
board/commission members attending meetings
via teleconferencing rules under the Brown Act.

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Packet Pg. 691 Attachment: PowerPoint Presentation (5351 : Amend Board & Commissions Resolution) Amendments

1.Recognition of outgoing members.

2.Method for presenting annual reports, when no Annual Dinner is budgeted.

3.Establishing a policy for appointing secretaries.

4.Establishing a deadline for submittal of agendas to the City Clerk’s Office

5.Discontinuing the requirement for board and commission members to receive onboarding training within the first 90 days of their appointment.

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Packet Pg. 692 Attachment: PowerPoint Presentation (5351 : Amend Board & Commissions Resolution) Virtual Attendance Policy
• No policy in Brown Act
• Propose adopting policy in AB 2449
• No more than three consecutive months, or
• 20% of the regular meetings for the local
agency within a calendar year, or
• More than two meetings if the legislative body
regularly meets fewer than 10 times per
calendar year

11.A.b
Packet Pg. 693 Attachment: PowerPoint Presentation (5351 : Amend Board & Commissions Resolution) Recommendations

1.Adopt a resolution amending the Policies for City
Boards, Commissions, Committees, Task Forces,
and Regional Advisory Boards, and repealing
Resolution No. 11396 (CCS) and

2.Consider an attendance policy regarding
board/commission members attending meetings
via teleconferencing rules under the Brown Act.

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Packet Pg. 694 Attachment: PowerPoint Presentation (5351 : Amend Board & Commissions Resolution) Questions

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Packet Pg. 695 Attachment: PowerPoint Presentation (5351 : Amend Board & Commissions Resolution) City Council
Report
City Council Meeting: March 14, 2023
Agenda Item: 12.A
1 of 15
To: Mayor and City Council
From: Rick Valte, Public Works Director, Public Works, Office of Sustainability & the Environment
Subject: Sustainable City Plan Update
Recommended Action
Staff recommends that the City Council:

1. Hold a public hearing, receive public comment and accept the proposed 2022 Sustainability Rights Report pursuant to Santa Monica Municipal Code (SMMC) Chapter 12.02 Sustainability Rights.

2. Adopt an updated Sustainable City Plan with indicators and targets for 2030 and add an Equity and Inclusion Guiding Principle (Attachment A).

3. Adopt a finding of no possibility of significant effect pursuant to Section 15061(b)(3) (Common Sense Exemption) and Section 15308 (Actions for Protection of the Environment) of the California Environmental Quality Act (CEQA) Guidelines.

Summary
For nearly thirty years, the City of Santa Monica has been committed to sustainability and developing strategies to protect the natural environment, address social equity, and advance economic vitality. The City demonstrated its leadership with the creation of the Sustainable City Plan (SCP) in 1994. The City’s SCP became one of the first in the nation to establish a commitment to enhancing community resources, preventing harm to the natural environment and human health, and benefiting the social and economic well-being of the community for the sake of current and future generations. The SCP was created as a guiding framework for the City’s decision-making and integrated into City policies, programs, operations, and projects across the organization and throughout the community. The SCP is founded on eleven Guiding Principles that provide the basis from which effective and sustainable decisions can be made. Over time, the SCP has

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been revised and updated from the version initially adopted in 1994 as conditions changed or new information became available. Updates to the SCP were adopted in 2003, 2006, and most recently in 2014.

The SCP includes indicators organized into nine Goal Areas that the City measures for sustainability performance and progress. The Goal Areas include:

1. Resource Conservation – Reduce consumption and increase renewable and recycled resources to protect and preserve our natural resources,

2. Environmental and Public Health - Minimize and eliminate hazardous or toxic materials, pollutants entering the air, soil and water, and risks to human and ecological health,

3. Sustainable Local Economy - Nurture a diverse, stable, local economy that supports basic needs of all segments of the community,

4. Transportation - Create a multi-modal transportation system that minimizes and eliminates pollution and motor vehicle congestion while ensuring safe mobility and access for all,

5. Open Space and Land Use - Develop and maintain a sufficient open space for diverse uses and opportunities as well as an equitable distribution of parks and trees,

6. Housing - Achieve and maintain a mix of affordable, livable, and green housing types throughout the city for people of all socioeconomic groups,

7. Civic Participation and Community Education - Community members of all ages participate actively and effectively in civic affairs and community improvement efforts,

8. Human Dignity - Community members can meet their basic needs and are empowered to enhance the quality of their lives, and

9. Arts and Culture - Retain and nurture Santa Monica’s arts community and resources.

Representative of that commitment is the City’s Sustainability Rights ordinance, which recognizes the rights of both humans and the natural environment to exist and flourish, asserts the rights of residents on behalf of the environment, and codifies the

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commitments made in the Sustainable City Plan. The Sustainability Rights ordinance requires that a public hearing be held, and that staff provide a report on the health of the local environment. The following report analyzes 12 metrics to evaluate the health of our local environment and our progress protecting the rights recognized in the Sustainability Rights ordinance.

As the Sustainable City Plan progresses, the established targets need to be updated regularly. This 2023 SCP update incorporates the goals and targets outlined in the Climate Action and Adaptation Plan (2019), as well as the global sustainability standards identified in the US Green Building Council LEED for Cities v4.1(2021) certification. In line with these proposed changes, this report also provides recommendations on updates to indicators and targets that measure the City’s performance that have been identified by city staff and the Commission on Sustainability, Environmental Justice, and the Environment. In total, staff is proposing to remove 42 indicators, add 45 indicators, and rename 16 indicators.

Background
On September 20, 1994, Council adopted the Santa Monica Sustainable City Program, which set long-term internal and Citywide goals to enhance resources, prevent harm to the natural environment and human health, and benefit the social and economic wellbeing of the community for the sake of current and future generations (Attachment B).

On February 11, 2003, Council adopted the Santa Monica Sustainable City Plan which provided a comprehensive update and expansion of the Sustainable City Program (Attachment C). On October 24, 2006, Council updated the Sustainable City Plan guiding principles, goals, indicators, and targets (Attachment D). On April 9, 2013, Council adopted the Sustainable Rights Ordinance, in an effort to protect residents’ rights to clean and healthy natural environment and codified the Sustainable City Plan progress reporting (Attachment E). On January 14, 2014, Council adopted updates to the Sustainable City Plan which included an Arts and Culture goal area and a Sustainable Rights Guiding Principle (Attachment F). This update included targets set for 2020. On June 11, 2019, Council adopted the ordinance to create Article 12 of the Santa Monica Municipal Code titled “Sustainability” (Attachment G). In 2015, the City

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developed an online performance dashboard for the Sustainable City Plan reporting. On February 14, 2023, the City’s Chief Sustainability Officer provided a presentation to Council on the history and background of the Sustainable City Plan and the City’s sustainability policies and programs (Attachment H).

Past Council Actions
Meeting Date Description
09/20/94 (attachment B) Adoption of the Sustainable City Plan 02/11/03 (attachment C) Adoption of the Sustainable City Plan 10/24/06 (attachment D) Sustainable City Plan Update (2006) 00/00/13 (attachment E) Adoption of the Sustainable Rights Ordinance 01/14/14 (attachment F) Sustainable City Plan Update (2014) 06/11/19 (attachment G) Creation of Article 12 Sustainability in the Santa Monica Municipal Code
2/14/23 (attachment H) Sustainable City Plan, Policies, and Programs Discussion
This report provides information on the Sustainability Rights Ordinance and Sustainable City Plan, two separate, but related Sustainability programs.

1. Sustainability Rights Ordinance Report
In compliance with the Sustainable Rights Ordinance (SMMC section 12.02.040), staff is required to prepare a written report to the community on the state of the local environment, the realization of the rights recognized in the chapter, and the City’s progress in effectuating and enforcing the Sustainable City Plan and the policies and provisions at least once during every twenty-four-month period. Staff worked with the Task Force on the Environment to identify specific indicators derived from the Sustainable City Plan that measure the health of the local environment and the progress on protecting the rights recognized in the Sustainability Rights ordinance, which was adopted in 2013. The City Council’s biennial review of the Sustainability Rights Report through a public hearing allows Council to provide direction to staff to ensure

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compliance with the Plan’s provisions and with the inherent rights of the people and natural communities of the City of Santa Monica described herein.

For the purpose of this biennial Sustainability Rights report, reporting is focused on environmental and public health indicators. Table 1 provides a summary of the rights and associated metrics that are analyzed in the attached report.

Table 1: List of Sustainability Rights Indicators

THE RIGHT TO INDICATOR
Accessible Water • Percent of water sourced locally
Renewable Energy • Amount of installed solar citywide
• Percent of residents and businesses receiving
renewable energy
Natural Climate • Percent of carbon emissions reduced below 1990 levels.

Waste Disposal System • Percent of materials diverted from landfill • Pounds of waste generated daily per person
Clean Air • Number of exceedance days for Federal air quality standards
Clean Water and Soil • Number of beach water quality exceedance days • Amount of trash collected on the beach annually
Healthy Food • Total gross annual sales from Santa Monica farmers markets
• Percent of residents living within a quarter mile of a grocery store or farmers market
Urban Forest • Percent of tree canopy coverage
These indicators were presented to Council at the June 11, 2019, Council Meeting in conjunction with the creation of Article 12 in the Santa Monica Municipal Code titled Sustainability. Since June 11, 2019, staff has collected and compiled data from different City departments, as well as external organizations. Using the 2020 targets established

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in the 2014 edition of the Sustainable City Plan as a reference, staff has analyzed the progression of the 12 indicators (Attachment C). The results and analysis of the data will help guide future City decision-making processes.

The following table is a summary of the state of the local environment.

Table 2: Summary of Sustainability Rights Report
Metrics 2020
Sustainable
City Plan Target
Most Current
Data
Performance
Percent of water sourced
locally
100% of water
sourced locally

51.3% of water
sourced locally
(2022)
Target Not Met
Accessible Water – In Fiscal Year 2021/22, the City obtained 51.3 percent of water from local sources. While this percent has decreased slightly from the previous year, the temporary dip is attributed to well maintenance and treatment plant construction.

Additional projects and efforts have been identified to increase water supply from local sources and achieve water self-sufficiency. In November 2022, the City completed 95% of the Sustainable Water Infrastructure Project and anticipates it to be completed in early 2023.

Metrics 2020
Sustainable
City Plan Target
Most Current
Data
Performance
Amount of installed solar
citywide)

7.5 MW 8.8 MW (2021) Target Met
Percent of residents and
businesses receiving
renewable energy
100% receiving
renewable
energy
94% receiving
renewable
energy (CPA)
Target Not Met
Renewable Energy – In 2021, Santa Monica collectively generated 8.8 MW from installed solar. While the City met and exceeded the 2020 target of 7.5 MW, this amount continues to grow as a result of new construction building codes and state and federal funding and incentives. Additional measures were taken to provide access to renewable energy for all residents and businesses and the City joined the Clean Power Alliance. In 2022, 94 percent of residents and businesses receive renewable energy through Clean Power Alliance. While Santa Monica is closer to providing renewable energy to all residents and business, the 2020 target was not met. Currently, not all Santa Monica

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residents and businesses are a Clean Power Alliance customer. Some businesses and residents remain Los Angeles Department of Water and Power customers, Southern California Edison customers, or have direct access provider who may or may not have renewable energy options. The City plans to maintain this indicator above 90 percent.

Metrics 2020
Sustainable
City Plan Target
Most Current
Data
Performance
Percent of carbon emissions
reduced below 1990 levels
20% reduction 60% reduction Target Met
Natural Climate – In the latest Greenhouse Gas Inventory (2020), Santa Monica reduced carbon emissions by 60 percent below 1990 levels. This exceeds the original Sustainable City Plan target of 20 percent reduction by 2020. City Council adopted the Climate Action and Adaptation Plan in May 2019 to further the City’s efforts to reduce carbon emissions and set the target of 80 percent reduction by 2030. While further measures will need to be adopted to meet that target, the City has made significant progress towards that target.

Metrics 2020
Sustainable
City Plan Target
Most Current
Data
Performance
Percent of materials diverted
from landfill
85% diversion 81% diversion
(2018)
Target Not Met
Pounds of waste generated
daily per person

2.7 pounds 3.5 pounds
(2021)
Target Not Met
Waste Disposal System – As of 2018, Santa Monica diverted 81 percent of materials from landfill, while generating 3.5 pounds of materials daily per person in 2021. This diversion rate continues to decline from previous years and per capita waste continues to decrease. The City is working to address the changes in the market and encourage behavior change as adopted in the Zero Waste Strategic Plan in 2019. In 2020, the City adopted the Mandatory Recycling Ordinance to require organics collections for all waste utility customers. The implementation of this policy will further divert materials from the landfill. While the City is working to reduce waste generation and increase diversion from the landfill, the 2020 targets were not met.

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Metrics 2020
Sustainable
City Plan Target
Most Current
Data
Performance
Number of exceedance days
for Federal air quality
standards
0 days 8 days (2020) Target Not Met
Clean Air – In 2020, Santa Monica experienced eight days exceeding Federal air quality standards (ozone). This is a significance increase from prior years, but still low for the region. Staff recognize that achieving zero exceedance days is an ambitious target.

Beginning in 2019, Purple Air Sensors were distributed to residential and commercial volunteers throughout Santa Monica. The sensor collects real-time data on air quality index levels and publishes online.

Metrics 2020
Sustainable
City Plan Target
Most Current
Data
Performance
Number of beach water
quality exceedance days
17 days 292 exceedance
days
Target not met
Amount of trash collected on
the beach
Annual decrease 18% increase
from 2018 data
(2022)
Target not met
Clean Water and Soil – From November 2021 to October 2022, Santa Monica experienced a cumulative 292 beach water quality exceedance days as reported by the Los Angeles County Department of Public Health. The total is the sum of five different testing sites along Santa Monica beaches including Montana, Wilshire, the Pier, Pico/Kenter, and Ashland. The Pier testing site accounts for 72 percent of the exceedance days in 2022. In 2022, the City removed 706.62 tons of trash from beach receptacles, which is an 18 percent increase from the previous Sustainability Rights Report (2018 data). In 2019, the Santa Monica Pier was removed from the Heal the Bay’s Beach Bummer List, which grades local beaches on performance of bacterial pollution testing. Even though the Santa Monica Pier site has returned to the Beach Bummer List, the City is working to reduce pollution on the Santa Monica beaches. The 2020 targets were not met.

Metrics 2020
Sustainable
City Plan Target
Most Current
Data
Performance

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Total annual sale for Santa
Monica Farmers Markets
$15 million $22.1 million Target Met
Percent of residents living ¼
mile of a grocery store
100% of
residents live ¼
mile of a grocery
store
68% of residents
live ¼ mile of
grocery store
Target Not Met
Healthy Food System – In fiscal year 2021/22, the Santa Monica Farmers Markets generated $22.1 million in annual gross sales. This is a 38 percent increase from the previous fiscal year. While the City did experience a slight decrease in sales in fiscal year 2020/2021, the City still met the 2020 target to generate above $15 million in sales.

In addition to this indicator, the City is measuring the amount of sales made from the CALFresh program at the Santa Monica Farmers Market to increase access of healthy local produce to residents. The City also monitors resident’s proximity to grocery stores to suggest access to healthy food. In 2021, 68 percent of residents live within a quarter mile of a grocery store or farmers market. The City also measures the amount of community garden produce that is donated to local organizations.

Metrics 2020
Sustainable
City Plan Target
Most Current
Data
Performance
Percent of tree canopy
coverage
Annual increase 12.2% (2020) Target Not Met
Urban Forest – In 2020, the City conducted a tree canopy coverage study and measured at 12.2 percent. The previous canopy coverage study was conducted in 2014 and measured at 20.5 percent. This is a 40 percent decrease in canopy coverage in six years. The number of public trees has only fluctuated slightly over the past decade and the City had a net tree gain of 199 public trees in 2022. The significant loss in canopy coverage can be attributed to loss of trees on private properties.

The purpose of the Sustainability Rights report and continued reporting on the Sustainable City Plan is to inform decision and policy makers and help guide future policies and projects to achieve these targets.

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2. Sustainable City Plan (SCP)
Since the inception of the Sustainable City Plan, the City has continued to report on the progress of the plan and identifying metrics to measure performance and progress. In 2015, the City developed a web-based tool for Sustainable City Plan reporting that provides current and detailed analysis for each indicator and provide a basis for decision-making about policies and actions that influence the City’s ability to meet the goals and targets. The Sustainable City Plan reporting is available to the public at data.sustainablesm.org. The Sustainable City Plan reporting has recently been updated and the most current data available has been inputted for each indicator. The City remains committed to effectuating the goals of the Sustainable City Plan. By adopting strategic plans, developing policies, implementing programs, and installing projects, the City is progressing towards becoming a more sustainable and resilient city. The impacts of pandemic restructuring and budget cuts have created setbacks for implementation in different areas across the organization, including data collection. In the Resource Conservation goal area, the City has made significant progress towards and exceeded targets from the previous SCP. In the Environmental and Public Health goal area, the City’s programs like Community Gardens and Farmers Markets continue to grow and excel, while indicators impacted by environmental factors like air quality and bay health regressed. In the Transportation goal area, the City is making significant strides to electrify transportation (fleet, Big Blue Bus, personal vehicles, and delivery vehicles), while behavioral indicators may need improvement like transit ridership and taking carfree modes of transportation. The Sustainable Local Economy goal area was impacted heavily by the pandemic even with early data and the City will see how our economic recovery efforts have benefited these indicators in the coming years. Despite the economic hardship, the City’s green business programs continue to flourish. In the Open Space and Land Use goal area, the City has been increasing both trees and park space over the years, but the tree canopy coverage has decreased in private spaces. In the Housing goal area, the City continues to increase the amount of affordable housing and strategic planning for more affordable housing with the next Housing Element adoption. In the Civic Participation and Community Education goals, residents are demonstrating a commitment to civic duty. The year 2020 was one of the highest voter turnouts in recent years and saw participants continuing to attend community

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sustainability events even virtually. Students continue to demonstrate their commitment to their education. In the Quality-of-Life goal area, the City continues to identify and expand indicators to identify disparities of social equity. In the Arts and Culture goal area, the Creative Sector economic indicators were also impacted by the pandemic.

The last version of the SCP was adopted in 2014 and includes targets to be met by 2020. Staff is recommending several modifications to the SCP to: 1) update the timeline for indicators and establish targets beyond 2020; 2) revise language to capture changes in the current discussion of municipal sustainability; and 3) revise or replace indicators and targets for which data is not currently available or to reflect new data and community priorities.

SCP Indicators
The process to update the indicators and targets for which data is not currently available or to reflect new data and community priorities was multifaceted and included:
• a review of peer city sustainability plans, such as City of Los Angeles and City of San Diego
• input from the Commission on Sustainability, Environmental Justice, and the Environment
• review of the LEED for Cities standards, and
• input from City of Santa Monica staff from relevant departments.

City staff from various departments evaluated the indicators in the most recent revised SCP (2014) for data integrity and congruence with best practices in performance measurement. Based on this evaluation, staff is proposing to remove 42 indicators, add 45 indicators, and rename 16 indicators. Staff is also proposing to modify the goal area titled Human Dignity to Quality of Life. This term is more commonly used in sustainability performance management. The 2022 version of the SCP will have a total of 147 indicators (Attachment A).

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Staff proposes 42 indicators to be removed in the updated version of the Sustainable City Plan (Attachment I). The majority of the 42 indicators are proposed for removal due to a lack of available data or poor data quality that compromised the associated reporting. The remaining indicators proposed to be removed are either due to discontinued programs, or are redefined in one the added indicators. Staff proposes 45 indicators to be added in the updated version of the Sustainable City Plan (Attachment J). The added indicators reflect new available data, new programs, and indicators that were identified from LEED for Cities standards.

Staff proposes 16 indicators to be renamed and redefined in the updated version of the Sustainable City Plan (Attachment K). These indicators were modified to best represents what data is available and best reflects the goals and targets of the Sustainable City Plan.

Specific targets have been created for many of the indicators. The targets represent aggressive yet achievable milestones for the community. Unless otherwise noted, the targets are for the year 2030. For some indicators no specific numerical targets have been assigned. This was done where development of a numerical target was determined to be not feasible or where limits on data type and availability made it difficult to set a numerical target. In many of these cases a trend direction was substituted for a numerical target.

SCP Guiding Principles
The Sustainable City Plan was founded on eleven Guiding Principles that provide the basis from which effective and sustainable decisions can be made. These Guiding Principles have been revised and updated from the versions initially adopted in 1994.

The Guiding Principles reflect the City’s values and goals for a sustainable community.

As mentioned in the third Guiding Principle, “Environmental quality, economic health, and social equity are mutually dependent. In achieving a healthy environment, we must ensure that inequitable burdens are not placed on any one geographic or socioeconomic sector of the population and the benefits of a sustainable community are accessible to all members of the community.” A 2021 US Environmental Protection

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Agency report shows the effects of climate change, such as air quality, extreme heat, and flooding, can disproportionately impact more vulnerable and underserved populations. It is important to identify Santa Monica’s most vulnerable populations and identify indicators to measure risks, health impacts, and access to resources.

The Sustainable City Plan should emphasize the importance of equity and inclusion in planning a sustainable community for current and future generations. Staff recommends the addition of a twelfth guiding principle that emphasizes the City’s commitment to equity and inclusion:
“The City is committed to advancing equity and social diversity to improve the wellbeing of people who live, work, play, and do business in our City, by:
• identifying and rectifying the policies, practices, and behaviors that perpetuate racism, discrimination, and other negative racial-based outcomes. • cultivating an inclusive and fair environment where all people in Santa Monica, in particular disenfranchised communities of color, thrive in the areas of health, economic vitality, and connectedness.”
The twelfth guiding principle is derived from the adopted Racial Equity Statement made by Council on September 8, 2020, to advance racial justice in Santa Monica. To include additional vulnerable populations, such as individuals with a disability, seniors, and lowincome households, the twelfth guiding principle expands on the adopted statement.

The 2022 SCP update includes additional indicators to measure racial equity, diversity, public health, climate risks, access to resources, and communication barriers.

As Santa Monica works to create a more sustainable and resilient city, performance reporting is vital to measuring our progress. The Sustainability Rights biennial report and the Sustainable City Plan performance dashboard provide a channel to communicate progress. The outcomes of these reports can help guide and shape future decision making on the policies, programs, and projects the City implements. Staff recommends Council accept the 2023 Sustainability Rights Report and adopt the

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updated Sustainable City Plan with indicators and targets for 2030, as well as adding an Equity and Inclusion Guiding Principle.

Environmental Impact
CEQA applies only to projects that have the potential for causing a significant effect on the environment. A project is not subject to CEQA under CEQA Guidelines Section 15061(b)(3) “where it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment.” The updates to the City’s Sustainable City Plan would not result in adverse physical effects on the environment, and therefore is exempt from CEQA pursuant to Section 15061(b)(3).

Furthermore, CEQA Guidelines Section 15308 also provides exemption for Class 8 projects, which include actions taken by regulatory agencies, as authorized by state or local ordinance, to assure the maintenance, restoration, enhancement, or protection of the environment where the regulatory process involves procedures for protection of the environment. The updated Sustainable City Plan would establish new sustainability indicators and targets for 2030 for the protection of the environment, including people.

Therefore, the Sustainable City Plan does not have the potential for causing a significant effect on the environment and is categorically exempt pursuant to CEQA Guidelines Section 15308.

Financial Impacts and Budget Actions
There are no financial impacts and budget actions at this time.

Prepared By: Amanda Grossman, Sustainability Analyst
Approved Forwarded to Council

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Attachments:

A. DRAFT - Sustainable City Plan 2022
B. September 20, 1994 - Sustainable City Plan
C. February 11, 2003 - Sustainable City Plan Update (Web Link) D. October 24, 2006 - Sustainable City Plan Update (Web Link) E. April 9, 2013 - Sustainable Rights Ordinance
F. January 14, 2014 - Sustainable City Plan Update
G. January 25, 2019 - Creation of Article 12, Sustainability H. February 14, 2023 - Sustainable City Plan, Policies, and Programs (Web Link) I. Attachment I - Removed Indicators
J. Attachment J - Added Indicators
K. Attachment K - Renamed Indicators
L. Written Comment
M. Councilmember Zwick Presentation
N. PowerPoint Presentation

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Sustainable
City Plan
2022
Transportation
Arts and Culture
Community Education
and Civic Participation
Economic Development
Environmental
and Public Health
Housing
Quality of Life
Resource Conservation
Open Space
DRAFT
and Land Use

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Packet Pg. 711 Attachment: DRAFT - Sustainable City Plan 2022 [Revision 5] (5112 : Sustainable City Plan Update) 2 Introduction
The City of Santa Monica’s Sustainable City Plan (SCP)
was originally adopted on September 20, 1994. The early adoption of this comprehensive framework helped to guide decision-makers to enhance our resources, prevent harm
to the natural environment and human health, and benefit the social and economic well-being of the community for the sake of current and future generations. The SCP was designed to help us as a community begin to think, plan and act more sustainably. By evaluating the long-term
impacts of our decisions, we can think about the future when as we make decisions about the present. With the
early adoption of the SCP and Santa Monica’s leadership in sustainability, Santa Monica has paved the way for
cities to implement similar programs and plans and Santa Monica is now recognized worldwide as a role model for
sustainability.

Over the years, the City has adopted supplemental
strategic plans to guide the City in meeting our key
sustainability goals:

Since the SCP inception over a quarter century ago,
the City has been successful in reaching targets and
developing programs and policies to meet the remaining
targets. While the City continues making strides to provide a sustainable and resilient community for all, there is still much work to be done. Now more than ever, it is important to understand that our local impact plays a much larger role in the global effort towards sustainability. We can all do our part to create a more sustainable and resilient community and continue thriving for current and future
generations.

Sustainable Water Master Plan (2018) > Water Self-Sufficiency by 2023 Zero Waste Strategic Plan update (2019) > Zero Waste by 2030 Climate Action and Adaptation Plan (2019) > Carbon Neutrality by 2050 DRAFT

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Packet Pg. 712 Attachment: DRAFT - Sustainable City Plan 2022 [Revision 5] (5112 : Sustainable City Plan Update) 4 History
SCP Performance Dashboard
Sustainable City
Plan adopted
The Task Force on
the Environment
and Sustainable
City Program staff
developed first
Sustainable City Plan
Performance
Dashboard
Sustainable City
Plan reporting
conducted on an
online performance
dashboard
SCP updated
The last SCP update
adopted with
modifications and a
Sustainable Rights
guiding principle.

Sustainable Rights
Ordinance
Ordinance adopted
to protect the
rights of nature
and codified the
Sustainable City
Plan.

The City recognizes the importance
of measuring performance of the
Sustainable City Plan. This document
outlines the different indicators the
City is measuring. The City developed
an online performance dashboard
to showcase the performance of the
indicators in the Sustainable City Plan.

These indicators are updated biennially.

This tool is intended to provide useful
information to City Council, City staff,
and community members on progress
being made toward meeting goals and
targets of the Plan, and will provide
a basis for decision-making about
policies and actions that influence the
City’s ability to meet the goals and
targets.
data.sustainablesm.org
1994
2013
2014
2016
DRAFT

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Packet Pg. 713 Attachment: DRAFT - Sustainable City Plan 2022 [Revision 5] (5112 : Sustainable City Plan Update) 5 Sustainable City Plan
Structure
Goal areas
The Santa Monica
Sustainable City
Plan is organized
into nine Goal
Areas:
⚫ Resource Conservation
⚫ Environmental and Public Health
⚫ Transportation
⚫ Sustainable Local Economy
⚫ Open Space and Land Use
⚫ Housing
⚫ Community Education
and Civic Participation
⚫ Quality of Life
⚫ Arts and Culture
Within each Goal Area
are specific goals
which comprise the
core of the community
vision and represent
what Santa Monica
must achieve in order
become a sustainable
city.

For each goal area specific indicators
have been developed to measure
progress toward meeting the goals.

Indicators are tools that help to
determine the condition of a system,
or the impact of a program, policy,
or action. When tracked over time
indicators tell us if we are moving
toward sustainability and provide
us with useful information to assist
with decision-making. Two types
of indicators are tracked as part
of the Sustainable City Plan: 1)
System level indicators measure
the state, condition, or pressures
on a community-wide basis for
each respective goal area. 2)
Program level indicators measure
the performance or effectiveness of
specific programs, policies or actions
taken by the city government or other
stakeholders in the community.

Specific Targets have been created
for many of the indicators. The
targets represent aggressive yet
achievable milestones for the
community. Unless otherwise noted,
the targets are for the year 2030.

For some indicators no specific
numerical targets have been
assigned. This was done where
development of a numerical target
was determined to be not feasible
or where limits on data type and
availability made it difficult to set
a numerical target. In many of
these cases a trend direction was
substituted for a numerical target.

Goals Indicators Targets
DRAFT

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Packet Pg. 714 Attachment: DRAFT - Sustainable City Plan 2022 [Revision 5] (5112 : Sustainable City Plan Update) 6 Guiding Principles
The Santa Monica Sustainable City Plan is founded on twelve Guiding Principles that provide the basis from which effective and sustainable decisions can be made. These Guiding Principles have been revised and updated from the versions initially adopted in 1994. 1 3
2 4
The Concept of Sustainability
Guides City Policy
Santa Monica is committed to meeting its
existing needs without compromising the ability
of future generations to meet their own needs.

The long-term impacts of policy choices will be
considered to ensure a sustainable legacy.

Environmental Quality, Economic
Health and Social Equity are
Mutually Dependent
Sustainability requires that our collective
decisions as a city allow our economy and
community members to continue to thrive
without destroying the natural environment
upon which we all depend. A healthy
environment is integral to the city’s long-term
economic and societal interests. In achieving
a healthy environment, we must ensure that
inequitable burdens are not placed on any
one geographic or socioeconomic sector
of the population and that the benefits of a
sustainable community are accessible to all
members of the community.

Protection, Preservation,
and Restoration of the Natural
Environment is a High Priority
of the City
Santa Monica is committed to protecting,
preserving, and restoring the natural
environment. City decision-making will
be guided by a mandate to maximize
environmental benefits and reduce or eliminate
negative environmental impacts. The City
will lead by example and encourage other
community stakeholders to make a similar
commitment to the environment.

All Decisions Have Implications to
the Long-term Sustainability of
Santa Monica
The City will ensure that each of its policy
decisions and programs are interconnected
through the common bond of sustainability
as expressed in these guiding principles. The
policy and decision-making processes of the
City will reflect our sustainability objectives. The
City will lead by example and encourage other
community stakeholders to use sustainability
DRAFT
principles to guide their decisions and actions.

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Packet Pg. 715 Attachment: DRAFT - Sustainable City Plan 2022 [Revision 5] (5112 : Sustainable City Plan Update) 7 7 8
The City is Committed to
Procurement Decisions which
Minimize Negative Environmental
and Social Impacts
The procurement of products and services
by the City, and Santa Monica residents,
businesses and institutions results in
environmental, social and economic impacts
both in this country and in other areas of the
world. The City will develop and abide by an
environmentally and socially responsible
procurement policy that emphasizes longterm values and will become a model for other public as well as private organizations. The
City will advocate for and assist other local
agencies, businesses and residents in adopting
sustainable purchasing practices.

Those Sustainability Issues Most
Important to the Community Will be
Addressed First, and the Most CostEffective Programs and Policies Will be Selected
The financial and human resources which are
available to the City are limited. The City and
the community will reevaluate its priorities and
its programs and policies annually to ensure
that the best possible investments in the future
are being made. The evaluation of a program’s
cost-effectiveness will be based on a complete
analysis of the associated costs and benefits,
including environmental and social costs and
benefits.
5 6 Community Awareness,
Responsibility, Participation and
Education are Key Elements of a
Sustainable Community
All community members, including individual
citizens, community-based groups, businesses,
schools, and other institutions must be
aware of their impacts on the environmental,
economic and social health of Santa Monica,
must take responsibility for reducing or
eliminating those impacts, and must take an
active part in community efforts to address
sustainability concerns. The City will therefore
be a leader in the creation and sponsorship of
education opportunities to support community
awareness, responsibility and participation in
cooperation with schools, colleges and other
organizations in the community.

Santa Monica Recognizes The
Connection with the Regional,
National, and Global Community
Local environmental, economic and social
issues cannot be separated from their
broader context. This relationship between
local issues and regional, national and global
issues will be recognized and acted upon in
the City’s programs and policies. The City’s
programs and policies should therefore be
developed as models that can be emulated
by other communities. The City will also act
as a strong advocate for the development
and implementation of model programs and
innovative approaches by regional, state and
federal government that embody the goals of
sustainability.

DRAFT

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Packet Pg. 716 Attachment: DRAFT - Sustainable City Plan 2022 [Revision 5] (5112 : Sustainable City Plan Update) 8 9
10 Cross-sector Partnerships Are
Necessary to Achieve Sustainable
Goals
Threats to the long-term sustainability of Santa
Monica are multi-sector in their causes and
require multi-sector solutions. Partnerships
among the City government, businesses,
residents and all community stakeholders are
necessary to achieve a sustainable community.

The Precautionary Principle
Provides a Complimentary
Framework to Help Guide City
Decision-Makers in the Pursuit of
Sustainability
Where threats of serious or irreversible damage
to people or nature exist, lack of full scientific
certainty about cause and effect shall not
be viewed as sufficient reason for the City to
not adopt mitigating measures to prevent the
degradation of the environment or protect the
health of its citizens. Public participation and
an open and transparent decision-making
process are critical to finding and selecting
alternatives.
11 Santa Monica is Committed to
Sustainable Rights for its Residents,
Natural Communities and
Ecosystems
The Sustainability Bill of Rights codifies the
commitments made in the Sustainable City
Plan and asserts the fundamental rights of all
Santa Monica residents regarding sustainability.

It establishes the rights of natural communities
and ecosystems to exist and flourish in Santa
Monica and asserts the rights of residents
to enforce those rights on behalf of the
environment.
12 Santa Monica is Committed to
Equity and Inclusion
Advancing equity and social diversity to
improve the wellbeing of people who live,
work, and do business in Santa Monica by
cultivating an inclusive and fair environment
where all people in Santa Monica, in particular
disenfranchised communities of color, thrive
in the areas of health, economic vitality, and
connectedness.

DRAFT

12.A.a
Packet Pg. 717 Attachment: DRAFT - Sustainable City Plan 2022 [Revision 5] (5112 : Sustainable City Plan Update) 9 Resource
Conservation
Goals

1. Significantly decrease overall community
consumption, specifically the consumption of nonlocal, non-renewable, non-recyclable and nonrecycled materials, water, and energy and fuels.

2. The City should take a leadership role in encouraging sustainable procurement, extended producer
responsibility and should model innovative strategies
to become a zero waste city.

3. Within renewable limits, encourage the use of local, non-polluting, renewable and recycled resources
(water, energy, and material resources).
60%
reduction in GHG
emissions below 1990
levels (2020)
Santa Monica’s water

51.3%
supply sourced locally
FY 2021/22
94%
customers receive
100% renewable energy
through Clean Power
Alliance (2022)
Indicators 2030 Target
Materials Recovery
Total tonnage generation Do not exceed year 2000 levels Daily pounds per capita Reduce to 1.1 lbs/person/day
Diversion percentage Achieve 95% diversion rate
Water Use
Total citywide use (Per Capita) 20% Citywide reduction from 2013 baseline Total residential use (Per Capita) 20% Residential reduction from 2013 baseline Percent local vs. imported Increase to 99% local
Energy Use
Total municipal use Reduce use 10% (baseline 2020)
Total citywide use Reduce use 10% (baseline 2020)
Renewable Energy Use
Total use from clean distributed
generation in Santa Monica
(Community)
Annual increase above 7.5 MW
DRAFT

12.A.a
Packet Pg. 718 Attachment: DRAFT - Sustainable City Plan 2022 [Revision 5] (5112 : Sustainable City Plan Update) 10 Indicators 2030 Target
Total use from clean distributed
generation in Santa Monica
(Municipal)
Annual increase above 490 kW
Percent of CPA customers with
100% renewable energy Maintain above 94%
Greenhouse Gas Emissions
Community emissions (%) Reduce 80% below 1990 levels by 2030 Community emissions (mteco2) Reduce below 277,328 MTCO2e Emissions per capita Reduce below 1.9 MTCO2e per capita Municipal Emissions(mteco2) Annual decrease
Green Construction
Percent of municipal buildings
achieving LEED Gold or higher Increase to 100%
Total emissions from Building Sector Establish baseline/downward trend DRAFT

12.A.a
Packet Pg. 719 Attachment: DRAFT - Sustainable City Plan 2022 [Revision 5] (5112 : Sustainable City Plan Update) 11 Environmental
and Public Health
Goals

1. Protect and enhance environmental health and
public health by minimizing and where possible
eliminating:
a. The use of hazardous or toxic materials by
residents, businesses and city operations;
b. The levels of pollutants entering the air, soil and
water; and
c. The risks that environmental problems pose to
human and ecological health.

2. Ensure that no one geographic or socioeconomic
group in the city is being unfairly impacted by
environmental pollution.

3. Increase consumption of fresh, locally produced,
organic produce to promote public health and
to minimize resource consumption and negative
environmental impacts.
10,000
pounds of produce
donated from community
gardens FY 2021/22
$22.1m
Santa Monica Farmers
Market gross sales in
FY 2021/22
Indicators 2030 Target
Santa Monica Bay
Wet weather warnings Downward trend
Dry weather warnings Zero warnings
Air Quality
Number of days exceeding Federal air quality
standards Zero days ambient air quality standards exceeded Air Quality Index Maintain below 50 AQI
Purple Air Report Maintain below 50 AQI
Days Unhealthy for Sensitive Groups Zero days unhealthy for sensitive group Residential Household Hazardous Waste
Total volume collected Downward trend
Percent of households participating Upward trend
Number of participants Upward trend
DRAFT

12.A.a
Packet Pg. 720 Attachment: DRAFT - Sustainable City Plan 2022 [Revision 5] (5112 : Sustainable City Plan Update) 12 Indicators 2030 Target
Climate Risks
Percent of residents living in Urban Heat Island (severe) Establish baseline/No annual increase Percent of residents living in Flood Hazardous Zones Establish baseline/No annual increase Percent of residents living in Very High Fire Hazard
Severity Zones Establish baseline/No annual increase
Public Health
Percent of residents with current asthma Establish baseline/No annual increase Percent of residents with cancer Establish baseline/No annual increase Percent of residents with heart disease Establish baseline/No annual increase Percent of residents who experienced low birth weight Establish baseline/No annual increase Farmers Market
Total Farmers Market sales Annual increase above $22 million Number of CalFresh participants Establish baseline/Annual increase Number of Organic vendors Annual increase
Percent of local vendors Establish baseline/Annual increase Community Garden
Number of people participating Annual increase above 750 Total square feet of community gardens Annual increase above 1,200 sq. ft.

Pounds of food generated by City-owned plots Annual increase above 10,000 pounds DRAFT

12.A.a
Packet Pg. 721 Attachment: DRAFT - Sustainable City Plan 2022 [Revision 5] (5112 : Sustainable City Plan Update) 13 Transportation
Goals

1. Create a multi-modal transportation system that
minimizes and, where possible, eliminates pollution
and motor vehicle congestion while ensuring safe
mobility and access for all without compromising our
ability to protect public health and safety.

2. Facilitate a reduction in automobile dependency in
favor of affordable alternative, sustainable modes of
travel.
154
public electric vehicle
chargers citywide
FY 2021/22
59%
of fleet vehicles are
alternative fuel vehicles
FY 2021/22
Indicators 2030 Target
Modal Split
Percent of trips by type
An upward trend in the use of sustainable
(bus, bike, pedestrian, rail) modes of
transportation - Drive alone max: 60%, Bike +
Walk + Transit minimum: 25%, Bike + Walk: 15%
Average vehicle ridership (AVR) of Santa Monica businesses with more than 50 employees Two
Pedestrian travel volumes Annual increase
Bike traffic volumes Annual increase
Vehicles Miles Traveled
Total vehicle miles traveled Downward trend
Total emissions from VMT Downward trend
VMT per capita Downward trend
Percent of emission from VMT Downward trend
Pedestrian Facilities
Complete sidewalks Annual increase
Public/private pathways Annual increase
Crosswalk enhancements Annual increase
Signal Timing enhancements Annual increase
Bike Facilities
Percent of bike network completed 100%
DRAFT

12.A.a
Packet Pg. 722 Attachment: DRAFT - Sustainable City Plan 2022 [Revision 5] (5112 : Sustainable City Plan Update) 14 Indicators 2030 Target
Total miles of bike lanes and paths installed or upgraded Annual increase Total Bikeshare usage Annual increase
Number of bikes parked by bike valet Annual increase
Alternative Fuel Vehicles
Total vehicles registered in Santa Monica 10% reduction Percent of total vehicles categorized as ZEV/PZEV Annual percentage increase Total public EV Chargers 500 chargers
Percent of the city fleet vehicles using alternative fuels 80% of fleet Transit Ridership
Annual ridership on Santa Monica Big Blue Bus (BBB) Annual increase Percent of riders on reduced or free pass programs (such as Go Pass and LIFE) 10% or more
Percent of customers using cash fares Less than 10%
Percent of rides shared on MODE Establish baseline/Annual increase Transit Operations
Percent of BBB fleet that is zero emissions 100% by 2030 Number of directional bus-only lane miles Annual increase Average Weekday Bus Miles per hour Annual increase
Number of miles driven by zero emission buses Annual increase Travel Volumes
Peak Hour Trips No net new PM trips
Street Safety (Number of collisions)
Vehicle-Vehicle Downward trend
Vehicle-Pedestrian Downward trend
Vehicle-Bicyclist Downward trend
Bicyclist-Pedestrian Downward trend
Bicyclist-Bicyclist Downward trend
DRAFT

12.A.a
Packet Pg. 723 Attachment: DRAFT - Sustainable City Plan 2022 [Revision 5] (5112 : Sustainable City Plan Update) 15 Sustainable
Local Economy
Goals

1. Nurture a diverse, stable, local economy that
supports basic needs of all segments of the
community.

2. Businesses, organizations and local government
agencies within Santa Monica continue to increase
the efficiency of their use of resources through the
adoption of sustainable business practices.
234
total Sustainable Quality
Award recipients
(2022)
Indicators 2030 Target
Income Diversity
Total wages Annual increase
Percent of total economic activity/output by business sector (expressed as a percent of total wages)
No single sector shall be greater than 25% of
total economic activity/output; and the top
three sectors shall not be greater than 50%
of total economic activity/output
Percent of Santa Monica households earning less than $35,000/ year No target
Percent of Santa Monica households earning more than
$100,000/year No target
Jobs / Housing Balance
Ratio of the number of jobs in Santa Monica to the amount of housing Ratio should approach 1
Percent of Santa Monica employees who reside in Santa Monica No target Cost of Living
Median household income in relation to cost of living No target Median household income in relation to living wage standard 90% of median household incomes meet or exceed the living wage standard
Quality Job Creation
Percent of new jobs created in Santa Monica that pay greater than or equal to the cost of living Upward trend
409
Green Business Program
total participants
FY 2021/22
DRAFT

12.A.a
Packet Pg. 724 Attachment: DRAFT - Sustainable City Plan 2022 [Revision 5] (5112 : Sustainable City Plan Update) 16 Indicators 2030 Target
Economic Health
Number of businesses No net loss
Number of new businesses Annual increase
Number of employees No net loss
Unemployment Rate Downward trend
Low Carbon Economy
GHG emissions/Gross Domestic Product No target
Local Employment of City Staff
Percent of city employees who live in SM No target
Sustainable Business Community
Number of Certified Green Businesses Annual Increase
Number of Business Greening Program participants Annual increase Number of Buy Local business participants 10% annual increase Number of Sustainable Quality Awards Annual increase
DRAFT

12.A.a
Packet Pg. 725 Attachment: DRAFT - Sustainable City Plan 2022 [Revision 5] (5112 : Sustainable City Plan Update) 17 Open Space
and Land Use
Goals

1. Develop and maintain a sufficient open space system
so that it is diverse in uses and opportunities and
includes natural function/wildlife habitat as well
as passive and active recreation with an equitable
distribution of parks, trees and pathways throughout
the community.

2. Implement land use and transportation planning
and policies to create compact, mixed-use projects,
forming urban villages designed to maximize
affordable housing and encourage walking, bicycling
and the use of existing and future public transit
systems.

3. Residents recognize that they share the local
ecosystem with other living things that warrant
respect and responsible stewardship.
178
Net tree gain
FY 2021/2022
375
acres of public open
space in Santa Monica
2021
Indicators 2030 Target
Open Space
Number of acres of public open space by type (including beaches, parks, public gathering places, gardens, and other public lands utilized as open space)
Upward trend
Percent of households living within 1/4 mile of open space 100% Urban Forest
Number of trees per neighborhood Upward trend
Net tree gain (public trees) 50% more trees annually than removed (includes public/private construction)
Percent of tree canopy coverage by neighborhood Upward trend DRAFT

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Packet Pg. 726 Attachment: DRAFT - Sustainable City Plan 2022 [Revision 5] (5112 : Sustainable City Plan Update) 18 DRAFT

12.A.a
Packet Pg. 727 Attachment: DRAFT - Sustainable City Plan 2022 [Revision 5] (5112 : Sustainable City Plan Update) 19 Housing
Goal
Achieve and maintain a mix of
affordable, livable and green housing
types throughout the city for people of
all socioeconomic/cultural/household
groups (including seniors, families,
singles, and disabled).

Indicators 2030 Target
New Housing
Percent produced at affordable rate Annual increase
Percent produced at Market Rate No target
All Housing
Percent of all housing at affordable rate Annual increase Percent of all housing at Market Rate No target
Homelessness
Number of homeless individuals No target
Number of homeless individuals served by shelters No target Cost of Living
Percent of tenants rent-burdened Downward trend
Median household income in relation to cost of living No target Production of Green Housing
Percent of new and substantially-rehabilitated housing that achieves LEED certification at LEED Silver or higher
DRAFT
Upward trend

12.A.a
Packet Pg. 728 Attachment: DRAFT - Sustainable City Plan 2022 [Revision 5] (5112 : Sustainable City Plan Update) 20 DRAFT

12.A.a
Packet Pg. 729 Attachment: DRAFT - Sustainable City Plan 2022 [Revision 5] (5112 : Sustainable City Plan Update) 21 Community
Education
and Civic
Participation
Goals

1. Community members of all ages
participate actively and effectively
in civic affairs and community
improvement efforts.

2. Community members of all ages
understand the basic principles of
sustainability and use them to guide
their decisions and actions - both
personal and collective.
2,126
individuals attended a
community sustainability
event in FY 2021-22
79%
registered voters in Santa
Monica voted in 2020
General Election
Indicators 2030 Target
Civic Participation
Percent of registered Santa Monica voters who voted Increase to 68% in off year elections Demographics of Boards and Commission members No target Percent of Santa Monica residents that are represented by an active neighborhood organization Upward trend
Youth Education
Grade 3 students proficient in language arts At least 85% SMMUSD student graduation rate At least 91%
SMMUSD student suspension rate Not to exceed 4.4%
Percent of SMMUSD students who attend school daily At least 87% Percent of SMMUSD students who feel safe at school At least 67% Percent of SMMUSD students that complete college
admission requirements At least 77%
Percent of children who are Kindergarten ready At least 70% Sustainable Community Involvement
Number of students who participate in sustainability
program Upward trend
Number of individuals who participate in community
sustainability programs Upward trend
DRAFT

12.A.a
Packet Pg. 730 Attachment: DRAFT - Sustainable City Plan 2022 [Revision 5] (5112 : Sustainable City Plan Update) 22 Quality of Life
Goals

1. Community members are able to meet their basic
needs and are empowered to enhance the quality of
their lives;

2. There is access among community members to
housing, health services, education, economic
opportunity, and cultural and recreational resources;
and

3. There is respect for and appreciation of the value
added to the community by differences among its
members in race, religion, gender, age, economic
status, sexual orientation, disabilities, immigration
status and other special needs.
72%
residents live within
10-minute walk of open
space (2017)
64%
residents live within 1/2 of
a grocery store or market
(2021)
Indicators 2030 Target
Public Safety
Crime rate per capita (property, violent) Downward trend Emergency Respone Times No net increase
Number of incidents (homocide, rape, robbery, assault) Downward trend Economic Charateristics
Percent of residents living in poverty Downward trend
Demographics of Poverty Rate Establish baseline/No target Demographics of Unemployment Establish baseline/No target Demographics of Median Income Establish baseline/No target Educational Attainment
Demographics of High School Diploma Establish baseline/No target Demographics of Graduation Rate Establish baseline/No target Demographics of Bachelor Degree Establish baseline/No target Linguistic Isolation
Percent of households that are limited English-speaking households Establish baseline/No target DRAFT

12.A.a
Packet Pg. 731 Attachment: DRAFT - Sustainable City Plan 2022 [Revision 5] (5112 : Sustainable City Plan Update) 23 Indicators Target
Digital Access
Percent of households without internet access Establish baseline/No target Access to Goods and Service
Percent of residents living within 1/2 mile of grocery store or market 100% Percent of residents living within 1/2 mile of open space 100% DRAFT

12.A.a
Packet Pg. 732 Attachment: DRAFT - Sustainable City Plan 2022 [Revision 5] (5112 : Sustainable City Plan Update) 24 Arts and Culture
Goals

1. Retain and nurture Santa Monica’s arts community
and resources.

2. Increase cultural participation and provide greater
access to a diversity of cultural programs for all ages.

3. Enhance the long-term sustainability of the Santa
Monica creative sector.
1,983
individuals employed in
the creative sector
(2020)
703
creative-sector
businesses in Santa
Monica (2020)
Indicators 2030 Target
Presence of artists
Presence of artists No net loss
Creative Sector Activity
People employed in the creative sector Annual increase
Number of businesses No net loss
Revenue produced No net loss
Presence of Opportunities for Cultural Participation
Number of non-profit cultural organizations Annual increase Number of retail arts venues Annual increase
Support for the Arts
Financial support for city arts grants Annual increase
Attendance and Participation
Participation at city or city-funded cultural
events Annual increase
Participation at non city-funded cultural
events
DRAFT
Annual increase

12.A.a
Packet Pg. 733 Attachment: DRAFT - Sustainable City Plan 2022 [Revision 5] (5112 : Sustainable City Plan Update) For more information please visit santamonica.gov
DRAFT

12.A.a
Packet Pg. 734 Attachment: DRAFT - Sustainable City Plan 2022 [Revision 5] (5112 : Sustainable City Plan Update) rr
7 r
EPWM CPSMsusstaff Santa Monica California
Council Meeting Septembar 24 1994
SEP 2 4
TO Mayor and City Council
FROM City Staff
SUBJECT Recommendation to Approve the Santa Manica
Sustainable City Program

INTRQDUCTION
This repart transmsfor Council review and adoptian the Santa Manica Sustainable City Program The Sustainable City Program has been developed over the course of the past two years by the City s
long term
Task
environmental
Force on the
strategy
Environment
for
and
the
presents
community
a comprehensi e
This report
describes the principles goals and specific targets of the proposed program and discusses its potential impacts on City operations and policies in bath the near and long term

BACKGROUIVD
Over the last decade mounting cancern over enviranmental problems which threaten the quality of life have led many communities around the world to examine new approaches to enviranmental issues Most of these new approaches address the same key question How can communities create acceptable economic living standards far their citiz nswhile maintaining SEP 2
1 1
i

12.A.b
Packet Pg. 735 Attachment: September 20, 1994 - Sustainable City Plan (5112 : Sustainable City Plan Update) the viability of the natural environment Agenda 21 the
general blueprint for creating sustainable communities pr duced at the 1992 United Natians Earth Summit calls on local
authorities to develop local Agenda 21 sustainability plans for each of their communities Santa Monica sTask Force on the Environment assuming a leadership role in the growinq
sustainable community movement both in the United States and abraad began such a process about two years ago The Santa Manica Sustainable City Program which has been crafted
encompasses as its key premise the prevailing definition of susta nability acmmunity which can meet its current needs withaut compromising the ability of future generatians to meet their needs
The Task Force on the Environment determined early on that its single mast important priority was the creatian af a Santa Monica Sustainable City Program which wouid pravide the City a decision making framework that addresses underlying causes of
enironmental problems rather than symptoms of those problems and provides criteria for eva uating long term as opposed to short term impacts of decisions It was the desire of the Task Force that the program address not anly traditional enviranmental topics of air water and sail but also the 155U2S of economic deelopment social equity and a sense of community To assess th program seffectiveness it was strongly felt that benchmarks and quantifiable targets for measuring progress must be 2 12.A.b
Packet Pg. 736 Attachment: September 20, 1994 - Sustainable City Plan (5112 : Sustainable City Plan Update) established In short the guidance imparted by the Task Force on the Environment was to create a Santa Monica Sustainabie City Program which provides a coherent vision far the future includes the participation of all segments af the community encourages stewardship of our natural resources and points the way taward sustainable community and economic dev lopment decisions In April 1993 City Council adopted a resolution supporting the creation af a Santa Monica Sustainable City Program The draft program has since undergone an extensive public review process and has been revised to reflect the numerous comments and recommendations received from individual members of the public the Housing Commission Planning Commission Chamber of Cammerce representatives City staff from all departments neighbarhood associatians ocal institu ons schoals haspitals colleges etc and various community groups The culmination of this extensive and intensive public review process isexmplified in the attached document presented for final Council review and adoption

DISCUSSION
The Santa Monica Sustainable City Program is founded on eight guiding principles that provide the basis from which effective and sustainabZe decisions can be made The program states amang others the following principles The concept of sustainability will guide City palicy and the long term impacts af policy 3 12.A.b
Packet Pg. 737 Attachment: September 20, 1994 - Sustainable City Plan (5112 : Sustainable City Plan Update) choices will always be considered environmental quality and economic health are mutually dependent and a healthy environment is crucial for the long term prosperity of the City and its residents and cammunity awareness responsibility involvem nt and educatian are the key elements fsuccessful
proqrams policies
Broad policy goals have been estab ished for each af four major policy areas 1 Resource Conservation 2 Transportation 3 Pollution Prevention and Public Health Protection and 4 Community and Economic Development The policy goals recommend general strategies to improve and ma ntain the quality of life for Santa Monica residents Sixteen specific targets or
sustainability indica ors have been selected for achievement by the year 2000 using 1990 as the baseline year These
indicators reflect the current cansensus as to what progress needs to be achieved in the various policy areas to make the City more sustainab eA number of existing and proposed City programs relevant to each policy area are aso listed These pragrams will interact synergistically over time to achieve the designated targets
As work continues on the Sustainable City Program it is envisianed that new indicators wi11 inevitably have to be added and existing ndicators will need to be revised or replaced This will occur if it is faund that the indicators eith rare not 4 12.A.b
Packet Pg. 738 Attachment: September 20, 1994 - Sustainable City Plan (5112 : Sustainable City Plan Update) sufficiently meaningful measurements of sustainability are toa difficult or too expensive ta measure Qr have been supplanted by other more reZevant indicatars The Task Farce on the
Environmant and City staff will commit to the preparation and transmittal to Council of an annual Sustainab eCity Report which will assess progress made during the past year evaluate overa2l program effectiveness and recommend any program modifications which might be necessary Much work remains to be dane by City staff
m
to complete data collection and deelop the appropriate
thodologies to measure progress taward achievement of the stated indicators as in sQme cases measurement is either not currently done or is not sufficiently accurate
ne of the most difficult conceptual challenges in the
formulation of the Sustainable City Program has been the task f merging traditional environmental poicy cancerns with sometimes Zess precise community and economic development policy concerns Also difficult has been discovering and analyzing the inherent interconnections between the numerous programs policies and services already offered by the City which will be instrumental in reaching the indicated targets An important lesson which has been learned during the process of crafting th 5ustainable City Program is that although the prograrn document reflects a significant work effart by many thoughtful individuals it is ultimately no mare than a good starting poin for the tremendous amount of additional work which needs to b done to carry the 5 12.A.b
Packet Pg. 739 Attachment: September 20, 1994 - Sustainable City Plan (5112 : Sustainable City Plan Update) program forward and achieve the vision af sustainability which is charted The adoption of the program by City Council will forma lyendorse this ision and set in mation the many concrete steps necessary ta translate the vision into practice within the community
It is strangly believed by the Task Force on the Environmen and many others in the community that City operations the selvs should be the first to take the practical steps which are consistent with the concept of sustainability The City should therefore serve as a model for ather institutians and
organizations in the community as well as for other cities in the region and nation The development ofasustainability
checklist for City operations is naw underway This checklist addresses three pr may areas procurement canstruction and develapment and programs and ser ics The checklist deals with specific issues such as energy and water efficiency urban runoff mitigation envir nmentally preferab ebuilding materials recyc ingof demolition debris hazardous materials use and storage vehicle emissions local econamic benefi s
waste
reductian and many other considerations Along similar lines the Planning Cammission has recently formed a subcommittee to work with staff and the Task Force on identifying innovative methads far incorporating the SustainablE City goals into a checklist tha could be used in theCtysdevelopment review process
6 12.A.b
Packet Pg. 740 Attachment: September 20, 1994 - Sustainable City Plan (5112 : Sustainable City Plan Update) A Procurement work Group comprised of City staff and a
representative from the Task Force has also begun th
categorization af all City purchases and has thus far completed the drafting of specific purchasing criteria for paper products and cleaning supplies These purchasing criteria detail the product and performance specifications for these types of purchases to ensure that they are consi tent with the Susta nable City Program sgoals and indicatars Paper product criteria are relatively straightforward and include analysis of full Zife cycle costs recyclab lity percentaqe ofpost consumer recycled content manufacturing impacts ocal economic benefits and existing City purchasing guidel nes and cast effactiveness Development of criteria for cleaning products has broken much new graund and is being closely watched by other agencies such as the US Environmenta Protection Agency and the General Services Administration The cleaning products criteria will require manufacturers to provide chemical analyses identify impacts an human health and potential impacts on the enviranment and prove compliance with existing state and federa2 regula ians This same level of effort will eventually be extended to all app icable City purchases Qnce the program is fully implemented Far City departments who contract for outside services reevant sustainability criteria will be incorparated into Requests for Praposals and actual contract documents to ensure cansistency with program goa sand accountability by the respective service 7 12.A.b
Packet Pg. 741 Attachment: September 20, 1994 - Sustainable City Plan (5112 : Sustainable City Plan Update) provider Considerable discussian and training will clearly need to take place within City departments over the next several months and beyond to ensure that City aperatians adhere as fully as possible to the Sustainable City Program and the
sustainability checklist which is now being develaped
The Task Farce an tha Environment has sponsared an extensive pEriod of public review community outreach and consensus building related o the sustainable City Pragram over the past 1 and 12 yars The propased program was initially distributed ta Cty Council City departments Hausing and Planning
Commissioners Chamber of Commerce Environment Committee members and interested citizens A formal survey process designed to identify areas of consensus was then nitiated with the
participation of selected community stakehalders A larger community basedpublic participation process was embarked upon with the assistance of the NEighborhood Support Center and a community wide meeting held on June 2 generated significant community participation Task Force members also made
presentations at the annual and or board meetings of most of the City s neighborhood associations
Following formal adoptian of the program by Council staff and Task Force members will continue tfl interface with key stakehalders and all other interested parties ta develop partnerships which promote sustainability and bui dconsensus 8 12.A.b
Packet Pg. 742 Attachment: September 20, 1994 - Sustainable City Plan (5112 : Sustainable City Plan Update) toward the full mplementation of the pragram within the cammunity Staff and the Task Force will also ensure that the City to the maximum extent passible implements a pragram which can be used as a model by other major Santa Monica institutions such as the Santa Monicaalibu Unified School District and serve as a model program for the region

BUDGET FISCAL IMPACT
There are no immediate significant fiscal impacts associated with the adoption of the Santa Monica Sustainable City Program However many of the proposEd programs which are listed in the documant entail the future expenditure of City unds by variaus departments depending on th particular program in question Some vf these initial expenditures by the City wi lbe
significant and some will be ralatively minar For each of the anticipated new programs in which the City wiZl invest it is firmly believed that the long term economic and environmental benefits will be substantial
One of the fundamental tenets of the proposed Sustainable City Program is the use of along term perspective on measuring the costs and benefits of City actians It is intended by the Task Force and City staff that each newly proposed program should be evaluated as to its averallcost effectiveness prior ta its adoption This would include an examinatian af the full life cycle cnsts environmental impacts sociaZ costs and benefits 9 12.A.b
Packet Pg. 743 Attachment: September 20, 1994 - Sustainable City Plan (5112 : Sustainable City Plan Update) and the other levant internal and external impacts from the praposed program The focus of this analysis would be an the long term as opposed to the short term outcames of the program For example a
program to retrofit toilets requires the
expenditure of substantial sums Qf money in early yea s but is
extremely cost effective when future sewage treatment costs future water purchase costs and the direct benefits to the environment are consideredAtrue cost effectiveness
methodology will therefore be developed and used by the City in the eva uation of these proposed future program investments

CONCLUSION
ThE formal adoption of the Santa Monica Sustainable City Program is not an end but rather the beginning of a critically important process Much work and effart lies ahead as the City and the community put into pract cethe concapts which the program embodies The document which is presented to Council for adoption leaves many specific questions unanswered Yet it represents tha pivotal initial steps which the City must take if we believe that future generations have a
right to the same quality of life which
we wish for aurselves As the City sknowledge base expands from a combination of implementa ionexperiences teehnological changes and feedback from the cammunity Cauncil will be asked to periadically update the Program so that its principles goals and indicators cont nue to reflect what is important and relevant to the entire community
14 12.A.b
Packet Pg. 744 Attachment: September 20, 1994 - Sustainable City Plan (5112 : Sustainable City Plan Update)

RECOMMENDATZON
It is recommended that City Council adopt the attached Santa Monica Sustainable City Program
Prepared by Craig Perkins Director af Enviranmental and Pub ic Warks Management
Susan Munves Conservation Coordinator
Attachment
11 12.A.b
Packet Pg. 745 Attachment: September 20, 1994 - Sustainable City Plan (5112 : Sustainable City Plan Update)

12.A.b
Packet Pg. 746 Attachment: September 20, 1994 - Sustainable City Plan (5112 : Sustainable City Plan Update) SANTA 1410I ICASUSTAINABLE CITY PROGRAM
The City of Santa Momca recagnizes that we live in a period ofgreat environmental crisis As a commun tyveneed to create the basis for a mare sustainable way aflife both locally and glabally through the safeguard ngand enhancing af our resources and by preventing harm to the natural environment and human health We are resalved that our impact on the natural environment must not eopard zethe prospects of future generations To pursue these goals we adopt the following Guiding Principles 1 The Concept of Sustainability Guides City Policy
Santa AZon cais committed ta meeting its exist ng needs without comprornising the abltyof future generatavns to rneet their own needs The long term impacts of policy choices will be considered to ensure a sustainable legacy 2 Protection Preser atianand Restoratian of the NaturalEnironment is a High Priarity of the City
Santa Mon cais committed to protecting preserving and restonng tenatural environment Citydec sion maicing will be guided by amandate to maximize environmental benefits and reduce orelim nate negati e
environmental
impacts
3 Envirorunental Quality and Econamic Health are lZutually Dependent A heatthy enzronment s integral to the long term economic interests of the City In ach einga healthyeniranment we must ensure that inequitable burdens are not placed an any ane geographFC orsoc oecnomic sector of the population
4 All Decisions Ha eEnvironmental Implications
The City wllensure that eaeh of its policy decisions and programs are interconnected through the common bond of sustainab lityas expressed in these guiding pr nciples The policy and decision mak ngprocesses of the Cty will reflect our environrnentaiobectives
5 Cornmunit Awareness Responsibility Involvement and Education are Key Elements of Successful Programs Poiicies
Indi idualcit zens community basedgroups and businesses must be aware of their impacts on the environment must take responsibility far reducing or eiiminating those impacts and must take an act vepart in community efforts to address environmental concerns The City will therefore be a leader in the 1 12.A.b
Packet Pg. 747 Attachment: September 20, 1994 - Sustainable City Plan (5112 : Sustainable City Plan Update) creat onand spansorship af environmental education opportunities in cooperation with schools colleges and other orgamzat onsrn the commumty b 5anta honica Recognizes Its Linkage rith the Regional Nationat and Global Community
Local enviranmental problems arid ameliorati eactions cannot be separated from their broader context Thsrelationship between local issues and regional nat onal and global issues wail be recognized and acted upon in the Crty sprograms and pvlic es The City senvironmental programs and palicies should therefore be developed as models which can be emulated by other communities The City must also act as a strong advocate far the development and zmplementation af model pragrams and znna atrve approaches by state and federalgorernment which embody the goals of sustainability 7 Those Environmental Issues liost Lnpartant to the Community Shou dbe Addressed First and the Most Cost Effecti ePrograms and Poiicies Shauld be Selected
The financial and human resQUrces wh chare available to tleCity are limited The City and the community should reevaluate its environmental pnont esand implemented programs and policies annually ta ensure that he best passible investments
cost effectiveness
nthe
should
future
be
are
based
being
on
made
a
The evaluation of a program s
complete analysis of the associated
costs and benefits ncluding environmentai and sacial costs and benefits 8 The City is Committed to Pracurement Decisians which linimize Negative Environmental and Social Lnpacts
The procurement of products and services by the City results in environmental and social mpacts both in this cvuntry and nother areas of the world The Cty must deelop and abdeby an environmentally and socially responsible procurement policy wh chemphas zes long term values and wil become a model for other public as well as private organizat ons The adopted procurement pol cy wll be appl cableto City programs and servfces fn all areas
The Sustainable City Program is exemplitied in four ma or policy areas These ma ar palicy areas represent the focus of bath current and future City programs which adere to the gudngpnncles and str veto attatn the spec fic targets whrch are esabl sdfor each area Each target represents a citywide obective unless specifically descnbed as the target for the City as a municipalaency The lsted programs represent efforts by the City to bec me sustainabte in its operations as weil as promote sustainability in the community as awhole A descnption af each policy area its targets and ongoing and proposed programs fallows Far eact target the lase year is 199 and the target year is 2000 Qne of the important 2 12.A.b
Packet Pg. 748 Attachment: September 20, 1994 - Sustainable City Plan (5112 : Sustainable City Plan Update) tasks which will receive focus dunng the program s
first year is the development of baseline
data and methodolog esnecessary to measure progress toward achieving the quanafed targets
I RES4URCE CONSERVATIQN
Policy Goals Promote the use af conservat ontechnologies and practices and reduce the use ofnon renewable resources Develop local non polluting renewabie energy water and material resources and expand recycling technology in these azeas Targets Reduce energy usage 16
Reduce potabl water usage 20
Reduce solid waste volvmes at least 50
Achieve SO aerage pastconsumer recycled andlor tree f
content in all City paper purchases
Convert 75 of the City vehicie fletto reduced emission fuels Reduce wastewater flaws 15
Increase total number of trees on public property by 350 Programs SOLID WASTE
Curbside Recycling single family ongoin
Recycling Drop OffZones ongoing
h7ini Recycling Zanes multi family ongaing proposetl
Business Recycling ongoing praposed
Yard Waste Composting ongoing propase
Procurement Policies ongoing proposed
Voume Based Rates ongoing proposed
Source Reduct anongo n proposed
AdanceDsposal Fees propased
Market Develapment proposed
Demolition Construction Debris Recycling proposed

WATER WASTEWATER
Baysaver Tolet Retrafit Program ongo n
Retrofit Upan Sale Requirements ongoing
Noet Water Gain fram New Deelopment ongoing
WaterRe tisePra ects ongoing propased
Urban Water Conservat onBest Mana ementPract ces ongomg 8c proposed
Financial Incentives for Business Water Canservatiar ongo n proposed
Water Effczent Landscape Requirements ongoing proposed
Conservation BasedRate Structure ongoing proposed
3 12.A.b
Packet Pg. 749 Attachment: September 20, 1994 - Sustainable City Plan (5112 : Sustainable City Plan Update) Residential Grey Water Systems proposed
Landscape Water Efficiency Partnership Program angoing
propased
ENERGY
CtyFac ltyEnergy Efficxency Retrofits proposed
PublicmlateEnergy Efficiency Partnersh pprapased
New Construct onEnergy Effic ency Incentives proposed
Urban Tree Planting Program proposed
Comprehensive City Enrgy Policy proposed
Urban Heat Isiand Effect reduct vnprogram proposed
Electnc Veh cle Public Charging Stataon Program proposed Trop calRainforest Wood City Purchase Ban ongoing
II
Policy
TRAs1TSP RTATIO I
Goals Maximize the utilizat onaf alternati eforms of transgortation ncluding walking bicyc ingpubi ctransit and car pools rideshare Develop innovati etraftic polrctes which reduce negat veimpacts from vehicles and limit pavement area to the minimum necessary Implement work schedules which reduce the number of employee commute days Advocate for the regxonal development of public transporEat onsystems
Targets Increase rdershtp on Santa Momca Mun cipai Bus Lines including shuttles by 10
Achieve average vehicle rdership of 1 5 for alI employers with oer50 employees
Programs City Traffic Management Program ncluding 980Work Sche ciui for City Employees ongoing
Business Traffic Management Programs ongoing proposed
Innovative Public Transit Services including Santa Monica Bus Lines and Light Rail System ongo n proposed
Bcycle Master Plan proposed
Teie ommut ngproposed

III POLLUTION PREVENTION PUBLIC HEALTH PROTECTION
Policy Gaals Protect and enhance env ronmental health and public health by reducing or eliminat ngthe use of hazardous and toxic macerials by residents and bus nesses minimizing the 1eels of pollutants entering the arsoland water and lessening the risks which enviranmental problems pose to human health Ensure that no one geographic or socioeconomic roup in the City zs being unfairly impacted by envirarimental pollurion 4 12.A.b
Packet Pg. 750 Attachment: September 20, 1994 - Sustainable City Plan (5112 : Sustainable City Plan Update) Targets Reduce the total alume af dry weather stormdrun discharges to the ocean 60 Reduce consumption of hazardo smaterials including pesticides 1S Cleanup and close 75 of all nawn Underground Storage Tank contam nation sites
Programs Control ofOzone Depleting Chemicals angoing
Water Soil and Air Quality Testing Monitonng ongoing proposed Hausehoid Hazardous Waste and Small Business Hazardaus Waste Callection ongoing proposed
Catch Basin Stencil Program ongoing proposed
Hazardaus Waste Minlmization Programs ongoing proposed
Illegal Dump ng Enforcement angoing proposed
Urban Runoff Poliut onCantrol Program ongoing and proposed NPDES Permkt Best Management Pracnces ongoing proposetl Point of Sale Household Hazardous Matenals Labeling proposed Cty Tox cs Use Reduction Policy proposed
Strengthened Hazardous Spill Emergency Response Capabilities proposed Test ng Identificat onand Mit gation of Lead Asbestvs and other HazardausSbstances n the Community proposed
Dry Weather Urban Runoff Reclamation Facil typroposed
Reduced Emission Fueis Policy for City Fleet proposed
Underground Storage Tank Management Program ongoing
Naise PollutionMtigat on Program ongoing
Environmental Aud t
Program far Public Fac lities and Ma vrInstitut ons
proposed
IV COg7TtiITYAND ECON4 ZICDEELOPI ZENT
Policy Goals Encourage the development of carnpact mixed usepedestnan oriented pro ects designe to maxirn zeaffordahle ousing encourage walkzng bicycling use of existing and future public transit systems and creatior of community gardens Promote the growth of iocal bus nesses wh chprov deemplayment opportunfties to Santa Monica residents includ ng Santa Monica youth and have positi eenvironmental and social impacts Facilitate education programs which ennch the lives of all members of the commumty Targets Prov de750 additional affordable hous ngunits
Create 3 new cammunity gardens
Establish partnership with Iocal schaols to creat and implement a Sustainable Schoals Program
ncrease total public open space area by 15 acres
Programs Affordab eHausing Programs ongoing
Local Economic Develop nent Programs ongoing proposed
5 12.A.b
Packet Pg. 751 Attachment: September 20, 1994 - Sustainable City Plan (5112 : Sustainable City Plan Update) Community Gardens Program groposed
Local Jobs Creation Prograrn praposed
City Sponsored Demor 5tratianPro ects praposed
Enviranmental Educatfon Curnculum De elopmentongoing
City YouthErr ployment Program ongoing proposed
G

Santa Monica City CouncilMarch 14, 2023

Santa Monica City Council
March 14, 2023