City Council
Report
City Council Meeting: April 25, 2023
Agenda Item: 10.C
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To: Mayor and City Council
From: Danielle Noble, Acting Director, Community Services Department, Community Recreation
Subject: Introduction and Adoption of an Urgency Ordinance Amending Chapter 4.68 to allow for “Open Street” Community Events to promote public safety and welfare, and associated changes.
Recommended Action
Staff recommends that the City Council:
1. Adopt a finding of Categorical Exemption pursuant to CEQA Guidelines Section 15304 (minor alterations to land)
2. Introduce and adopt the urgency ordinance amending Chapter 4.68 to allow for “Open Street” Community Events to promote public safety and welfare, and associated changes.
Summary
Santa Monica Municipal Code (“SMMC”) Chapter 4.68 is the Community Events law, which, among other things, authorizes and provides regulation on the various types of community events allowed in the City. The proposed changes include a new category of Community Event: “Open Street Event,” that temporarily prohibits vehicular traffic from using a street and “opening” that street to other modes of human-powered transportation including pedestrians and cyclists, as well as associated festive uses.
Historically, requests received from local partners required Council action via the adoption of a resolution to authorize a road closure and authorization to enter into a Memorandum of Understanding with the event producer. Such closures are allowed under the California Vehicle Code and staff recommends changes to the Community Events law to allow “Open Street” events without requiring a license agreement and Council action for each individual event. These changes will allow for more “Open 2 of 11
Street” events to take place in support of the City’s economic recovery and will reduce the burden on staff and Council and sets in place a policy for when these events can occur.
Additionally, staff proposes to reduce to the number of signatures required to hold a block party from the current two-thirds (67%) requirement to 51%. This change will make it easier for residents in multi-family neighborhoods to hold block parties, increasing community connectedness and wellbeing. Further, the street typologies eligible for block parties are proposed to be expanded from Neighborhood Streets exclusively to also include the Shared Street and Avenue: Industrial typologies, as identified in the Land Use and Circulation Element (LUCE).
For “Open Street” events the following alternative is presented for Council consideration:
• Replacing the requirement to obtain signatures of 51% of business or residents within the closure area of an “Open Street” event with a requirement for written approval from the neighborhood association or business improvement district associated with the area where the “Open Street” Event is proposed to occur and increasing the minimum time for noticing all residents and businesses of the event in the closure area from 10 days to 14 days.
Background
Recognizing the substantial community and economic benefits that may result from community events, the City has a comprehensive, coordinated process for managing events on public property and ensuring health and safety, which is codified in SMMC Chapter 4.68, Community Events law. The Community Events law establishes the City’s framework for permitting community events to use City streets, parks, open spaces, and City facilities licensed to private parties. The proposed amendment restructures Section
4.68.040 to clarify the definition of a community event requiring a permit, and the types of events that are exempt from the permit requirement. Permits continue to be required for the following:
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1. Parades and assemblies that use the public right-of-way and are likely to impede the free use of the space or not comply with traffic regulations,
2. Activities that involve 150 or more persons on public property or 75 or more persons on the Third Street Promenade, and
3. Events that include a structure requiring a permit from the Fire Department or Building and Safety Division. Permits will also be required for the newly defined category of “Open Street” events.
City staff receive numerous inquiries and requests from individuals and organizations interested in holding “Open Street” events in which a street, or portion of the street, is closed to vehicular traffic. Over the last two years as part of the COVID economic recovery efforts, Council and staff supported a series of “Open Street” pilot events on Main Street. Organizations including the Main Street Business Improvement Association (MSBIA) and Ocean Park Association (OPA) desire the ability to hold more “Open Street” events regularly. The Montana Avenue Merchants Association also desires to hold an “Open Street” event. Recognizing the demand for such events, and the popularity of similar events held in the past, City staff have identified a procedure for allowing for “Open Street” events to occur as a codified Community Event category.
Discussion
Under the Main Street “Open Street” Pilot program, a two-block stretch of Main Street was closed on weekends (once a month) for a series of four re-occurring monthly events. As part of the Main Street Pilot Program, the Main Street merchants and neighborhood residents were surveyed to gauge their support prior to and post-event of “Open Street” events. There was strong support to continue to host fun, safe, familyfriendly outdoor events in the community.
MSBIA and OPA would like to hold another three to four “Open Street” events on Main Street in 2023. Montana Avenue Merchants Association is anticipating closing the entire length of the Montana Avenue commercial district (from 7th Street to 17th Street) for their annual Montana Avenue Art Walk with key intersections open for crossing traffic. This would be a one-day event (Saturday) taking place in late September. Local 4 of 11
neighborhood associations, schools and church groups have also expressed interest in potential “Open Street” events. Staff anticipate that other events may be held in the future.
The proposed changes define an “Open Street” event as a Community Event requiring the closure of a street, or a portion of the street, to vehicular traffic, and the use of the closed street for the event. Events would include but are not limited to celebrations, street fairs, art walks, live music festivals, charitable events, ceremonies, events where a group of people convene to promote walking, biking, or rolling, and other similar events, but excluding parades, athletic events, and block parties which are all defined separately in the code.
Due to the nature of the events, including the potential size and scale, the need for vehicular traffic and bus re-routing, “Open Street” event applications must be submitted at least 60 days in advance rather than the 30-day requirement for other Community Events. The “Open Street” event applications will go through a preliminary application and approval process to ensure the requested street or portion of streets can be closed.
The preliminary approval process requires the applicant to provide proof that they own, lease or rent property within the proposed closure area. Additionally, applications must include a site plan with a description of the area to be closed including impacts to bus routes and stops, along with maps identifying the streets that would be affected, including an illustration of the following as applicable: stages, food booths, generators, portable toilets, trash/compost/recycling bins, seating, bike valet, and a diagram of an emergency access plan and accommodation for accessibility needs.
Given the community desire to have events this summer and the lead time needed by staff and event organizers to ensure successful summer events, staff was unable to engage in an extensive community outreach and engagement process prior to formulating recommendations. Street closures create significant neighborhood impacts.
One way to ensure neighbors and businesses affected by the closure are aware of, and support, “Open Street” events is to incorporate a mechanism to secure support. 5 of 11
Currently, the City requires a signed petition for both block parties and preferential parking permits wherein adjacent and affected businesses and residents indicate their support for closing the street for a block party of creating a residential parking zone.
Staff proposes a similar process for “Open Street” events wherein after preliminary approval, the event organizers must produce a petition indicating the occupants of at least 51% of residences and businesses within the closure area have no objection to and support the closure. For residential properties impacted by the closure, the petition must be signed by the resident(s), while for commercial properties, the petition must be signed by the owner, manager, or assistant manager of the business impacted by the closure. The petition must include the event name, date, time, location, and contact information of the event organizer. In addition to the signed petition, the applicant must notify all residents, property owners, managers, or lessees in the closure area of the date, time, location, and purpose of the closure. Notification must be completed at least 10 days prior to the event. The application must also include a temporary traffic control plan and be responsible for obtaining all other permits required to be issued from the City or any other external organization including but not limited to the County of Los Angeles Health Department (for food events) and the State of California Alcohol Beverage Control (if alcohol is part of the event, such as a beer or wine garden).
Staff proposes any street may be considered eligible for an “Open Street” event, except Neighborhood or Shared streets, as identified in the Land Use and Circulation Element, which may be closed via a Block Party permit. City staff will determine if the proposed street closure may be permitted, or if an alternative route is necessary. This determination will be based on the proposals' impact on City services, staffing resources, emergency service delivery, transit service interruption, traffic congestion, and neighborhood and commercial impacts.
Over the past four months, City staff across all departments that are involved in the Community Event Permit process (including Community Services, Fire, Police, Department of Transportation, Community Development, City Attorney’s Office) have been working together to review these requested changes to the Community Events Ordinance. To minimize traffic, circulation and noise impacts on residents and 6 of 11
businesses, staff proposes to restrict the number of events and days that “Open Street” events can occur. “Open Street” events would only be allowed on Fridays, Saturdays, Sundays and Mondays if it is a holiday except for Memorial Day, July Fourth, Labor Day, Thanksgiving, and Christmas Day. “Open Street” events would be issued for a maximum of two consecutive days; additional time for set up and break down may be approved at the discretion of the City. The City Manager shall set by administrative regulation the number of open streets events that may be permitted each calendar year, regardless of the street. Based on internal consultation with the multi-department Community Event Permit review group, staff are recommending for calendar year 2023 and calendar year 2024 a total of no more than four “Open Street” events be permitted in each calendar year with no overlapping/concurrent events permitted on the same weekend. This is due to limited staffing citywide, but particularly in Police and Fire, as “Open Street” events may necessitate on-site staffing throughout the event. Completed applications shall be considered on a first-come first-served basis and can be submitted up to one year in advance. However, no single entity or organization shall be allowed to utilize the full allocation of annual event slots.
Permit application fees and other additional fees and charges, including neighborhood notification fees, for the use of city streets will continue to be established by City Council resolution and will be charged for Open Streets events. In addition to the payment of all applicable non-refundable permit application and administrative fees, a permittee shall pay the City for City departmental service charges incurred due to the permitee’s activities.
Approved applicants of Category 1 events (e.g. open street events, recreation, competition/contests, spectator sports, fairs, etc.) will pay for police services for public safety and/or traffic control if required, overnight security if required, tent/canopy permits, cooking/open flame permits, fire safety officers, building permits, transportation management plan, bike valet, auto valet permit, street closure permit, any loss of parking meter revenue, bus supervisor and/or other costs related to bus re-routing, business licenses, clean- up/damage deposits, clean-up/damage fees, event monitor, 7 of 11
neighbor notification, insurance, and other direct City services to the extent such services are utilized and/or required due to the event.
Additionally, as “Open Street” events can require significant financial investment from event producers, and in support of the Council priority to cultivate economic recovery and expand community and cultural offerings, Section 4.68.080 (d) would allow City “sponsored” events to be eligible for waivers of application and administrative fees.
The City is aware of several organizations who wish to seek permits for Open Street events in the coming months in the wake of the recent lifting of State and local States of Emergency due to the COVID-19 pandemic. Because of the time it will take the City to process these applications, it is necessary to adopt ordinance 4.68 as an emergency measure, to ensure these events occur in a way that is safe for organizers and participants, and which minimizes disruption to neighboring businesses and residents, while allowing the continued provision of emergency and other municipal services.
These events are vital to the economic recovery of the city.
Additionally, staff proposes modifications to the block party process to expand access to this low-cost community-building and wellbeing-enhancing program. First, to facilitate block parties in multi-family neighborhoods, staff proposes to reduce the number of signatures required to hold a block party from the current two-thirds (67%) requirement to 51%. Further, the street typologies eligible for block parties are proposed to be expanded from Neighborhood Streets exclusively to also include the Shared Street and Avenue: Industrial typologies, as defined in the LUCE. Shared Streets are residential streets primarily located in the Ocean Park Neighborhood, while Avenue: Industrial streets are primarily dead-end streets adjacent to the Olympic Boulevard corridor.
A number of clean-up changes are also included in this amended ordinance. Changes include reorganizing Section 4.68.04 to define Community Events and those events that are exempt; requiring compliance with all laws and permit conditions; allowing enforcement by administrative citation in addition to the existing misdemeanor provision; and removing reference to the marathon route.
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Stakeholder Input
City staff met with leaders of Main Street and OPA who expressed concern over the cost and ability to obtain signatures of 51% of business or residents within the “Open Streets” closure area. Staff believe the support of those affected by the closure is important to the success of the event and is aligned with the requirements for closing neighborhood streets. Similarly, for street closure events, the City of Los Angeles requires a petition to be submitted indicating that occupants of at least 51% of the residences or businesses within the closure area have no objections to and support the closure. An alternative option for Council to consider is to remove the requirement to secure 51% support for “Open Streets” closures and replace it with a requirement for the event organizer to obtain written support for the event and street closure from the neighborhood association or business improvement district in which the event will take place. With this option, staff recommends increasing the notification to businesses and residents in the closure area from 10 days prior to the event date to a minimum of 14 days in advance. This would ensure all stakeholders in the affected area receive ample notification.
Environmental Assessment
The amendment to the SMMC is categorically exempt pursuant to Section 15304 (Class 4 - Minor Alterations to Land) of the California Environmental Quality Act (CEQA) guidelines. Class 4 consists of the minor public or private alterations in the condition of land, water, and/or vegetation which do not involve removal of healthy, mature, scenic trees except for forestry and agricultural purposes. Examples include minor temporary use of land having negligible or no permanent event on the environment. The proposed amendment would allow for Open Street events on existing public right of ways, and would result in minor, temporary use of land having no permanent effect on the environment. Therefore, the amendment is categorically exempt pursuant to Section 15304.
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Past Council Actions
Meeting Date Description
06/27/2000 (A) Approval of the Community Event Policy
04/24/2001 (B) Addition of Chapter 4.68 the Community Events Code, to the Santa Monica Municipal Code and adoption of associated fees
05/08/2001 (C) Addition of Chapter 4.68 to the Santa Monica Municipal Code, the Community Events Law
04/08/2003 (D) Amendment of Santa Monica Municipal Code Sections relating to Community Events and Street Banners
07/26/2005 (E) Amendment to Municipal Code Section 4.68.160 Establishing a new 5/10K Race Route, Eliminating a 5/10K Race Route, and Modifying the Permitted Race Time and Frequency Parameters
09/22/2009 (F) Amendment of Municipal Code Section 4.68 to establish a marathon route segment, modifications to the City’s Extended Event Policy, authorization for execution of agreements for the 2010 LA Marathon
10/25/2011 (G) Amendment of Municipal Code Chapters 3.36, 4.08, 4.55, 4.68 and
6.36 relating to permitted community events in the City’s public spaces and parks
06/08/2021 (H) Santa Monica Outdoors: Extending Pandemic-Era Emergency Allowances including Outdoor Use Permits and Interim Zoning Changes to Support Santa Monica’s Economic Recovery
05/24/2022 (I) City Council directed staff to return with an urgency ordinance that amends Santa Monica Municipal Code Section 4.68.150 to allow parades on Main Street to proceed in a northbound direction. 06/28/2022 (J) City Council adopted urgency ordinance amending Municipal Code Chapter 4.68.150 allowed parade routes.
09/13/2022 (K) City Council approved a Memorandum of Understanding for the 2022 Open Main Street October Festival and Adoption of a Resolution to Authorize Closure of a Portion of Main Street for the Festival.
Financial Impacts and Budget Actions
There is no immediate financial impact or budget action necessary as a result of the recommended action. Allowing for more community events, particularly in our commercial districts, is crucial to helping support the continued economic recovery of our local businesses and the overall City. The events help to generate revenue for the City in the form of additional sales tax, transit occupancy tax and additional parking 10 of 11
revenues. Staff will return to Council if specific budget actions are required in the future.
Under the City’s Administrative Instructions, certain events may qualify for “City Sponsored” or “City Co-Produced" status which results in the City helping to fund the event in the form of grants (e.g. Council Discretionary Funds would equate to a “City Sponsored” event) and/or the reduction or wavier of certain permit fees and services, including City staffing costs.
Prepared By: Jeanette Gant, Community Recreation Manager Approved Forwarded to Council
Attachments:
A. June 27, 2000 Approval of Community Event Policy (Web Link) B. April 24, 2001 Addition of Chapter 4,68 to the SMMC (Web Link) C. May 08, 2001 Addition of chapter 4.68 to the Santa Monica Municipal Code (Web Link)
D. April 08, 2003 Amendment of SMMC Sections Relating To Community Events and Street Banners (Web Link)
E. July 26, 2005 Amendment to SMMC Section 4.68.160 Establishing a New 5/10K Race Route, Eliminating a 5/10K Race Route, and Modifying the Permitted Race Time and Frequency Parameters (Web Link)
F. September 22, 2009 Amendment to Community Events Ordinance for Marathons and Modification of Extended Event Policy for Commercial Use of Beach Parking Lot at 1550 PCH (Web Link)
G. October 25, 2011 Amendment of SMMC Chapters 3.36, 4.08, 4.55, 4.68 and
6.36 relating to permitted community events in the City’s public spaces and parks (Web Link)
H. June 08, 2021 Santa Monica Outdoors: Extending Pandemic-Era Emergency Allowances Including Outdoor Use Permits and Interim Zoning Changes to Support Santa Monica’s Economic Recovery (Web Link)
I. May 24, 2022 urgency ordinance amending SMMC Section 4.68.150 allowing parades on Main Street to proceed northbound (Web Link) J. June 28, 2022 Adoption of urgency ordinance amending Municipal Code Chapter
4.68.150 allowed parade routes (Web Link)
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K. September 13, 2022 Approval of MOU for the 2022 Open Main Street October Festival and Adoption of a Resolution to Authorize Closure of a Portion of Main Street (Web Link)
L. ORD open streets 4.25.23_v4.18