City Council
Report
City Council Meeting: April 25, 2023
Agenda Item: 10.A
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To: Mayor and City Council
From: David Martin, Director, Building & Safety
Subject: Introduction and First Reading of an Ordinance amending SMMC Chapter
8.110 adding Gender Neutral Public Restroom Access
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. Introduce for first reading the attached proposed ordinance to add Chapter 8.110 (Gender Neutral Public Restroom Access) to the Santa Monica Municipal Code.
Summary
The City Council reaffirmed Santa Monica’s commitment to diversity, equity and inclusion at its March 11, 2023 workshop when it identified Racial Justice, Equity and Social Diversity as one of its five priorities for Fiscal Years 2023-2025. This priority in part states that “all community members shall be provided with access to resources and opportunities, where difference in life outcomes cannot be predicted by race, class, gender, disability, or other identities”
While many of us take reliable bathroom access for granted, many do not feel welcome or safe accessing the bathroom of their choice. Gender neutral public restroom access is an important opportunity for the City to demonstrate its commitment to equity, ensuring restrooms are designed to feel safe and accessible by more of our community. 2 of 7
Pursuant to the authority granted by SB 1194, staff is proposing the adoption of an ordinance amending Santa Monica Municipal Code (SMMC) by adding Chapter 8.110 “Gender Neutral Public Restroom Access” to require multi-stall, all gender, public restroom facilities; and establish associated design standards for all newly constructed buildings for which a complete building permit application is submitted to the City on or after July 1, 2023. Provisions are also included allowing existing buildings to voluntarily retrofit existing public restroom facilities.
Discussion
As part of its 2021 State Legislative Platform, City Council established priorities to guide policy decisions and regulatory matters, which explicitly included the position to, “support legislation that mandates gender neutral multi-stall bathrooms.” In response to this directive, the Cities of West Hollywood and Santa Monica co-sponsored California Senate Bill 1194 (“SB 1194”), which provides authority to cities to require, by ordinance or resolution, that new and/or renovated public toilet facilities be designed, constructed, and identified for use by all genders instead of the design standards for separate facilities for men and women found in Chapter 4 of the California Plumbing Code (CPC).
SB 1194 was signed into law on September 29, 2022, by Governor Gavin Newsom and authorizes a city to require, by ordinance or resolution, that new and/or renovated public toilet facilities within its jurisdiction be designed, constructed, and identified for use by all genders instead of the design standards for separate facilities for men and women found in Chapter 4 of the California Plumbing Code (CPC). SB 1194 also contains a provision that the Bill shall remain in place until such a date that standards for allgender, multi-user facilities are provided for in the California Building Standards Code.
Pursuant to SB 1194 authority, staff is proposing the attached gender neutral ordinance (Attachment A), which would require all newly constructed buildings for which a complete building permit application for construction is submitted to the City on or after July 1, 2023, to provide gender neutral public restrooms in compliance with the design standards stipulated in the ordinance. The proposed ordinance does not require 3 of 7
improvements to existing public restrooms, but does include a provision allowing the voluntary retrofit of existing public restroom facilities.
The proposed ordinance requires the provision of restrooms that are not specific to gender to provide greater inclusivity and equity. Not feeling safe using the restroom influences all aspects of a person’s life and can deter people from accessing education and employment, connecting with friends and community members, seeking medical services, or doing all of the daily mundane things required by life. Surveys have repeatedly shown that a large percentage of the trans and gender non-conforming communities avoid public restrooms and alter their diets to avoid having to use public facilities. These choices to avoid aspects of public life have shown to have broad impacts to mental and physical health. Further, we have all experienced at some point when women are lined up to use facilities while men have no line. There are also many families with young children of different genders, whereby this would provide greater access for them when family designated stalls are in use.
Establishing gender-neutral restrooms goes beyond simply posting new signs, although that is important. The proposed ordinance requires important design elements of gender-neutral restrooms that ensure private and secure preferred access for all users.
Key elements of the design standards in the proposed ordinance:
• The main entrance to the public restroom space shall not have a door that will obstruct or prevent visual security;
• Stalls will be replaced with private water closets designed enclosed on all sides by walls or partitions extending from up to one inch above the floor and/or from the ceiling and a door enclosing the fixture for privacy for use by no more than one occupant at a time or family/assisted use;
• The door to each individual water closet shall have a locking mechanism controlled by the occupant and with a visible identifier to outside occupants that compartment is occupied;
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• Facilities for washing may be located within the water closet or grouped in an immediately adjacent common use area accessible to all users; • Urinals shall be located in an area visually separated from the remainder of the facility or in an individual compartment(s).
• Substitution of a water closet for each urinal shall be permitted provided the total number of fixtures installed complies with the minimum number of fixtures required by the California Plumbing Code.
The California Plumbing Code requires a minimum number of urinals based on the use and occupancy of a space. The City’s proposed gender neutral public restroom ordinance allows urinals to be substituted with toilets to comply with this requirement; however, exclusion of urinals is not obligatory and overall compliance with the number of required fixtures is ultimately a design choice. The following are examples of gender neutral public restroom designs both with and without the provision of urinals. 5 of 7
Example 1 Without Urinals
Example 2 With Secure Urinal Area
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The work associated with the research, preparation, and development of this staff report and proposed ordinance is a collaborative, cross-departmental effort between the City Manager’s Office, City Attorney’s Office, Community Development Department (Building and Safety), and Public Works.
Building and Fire Life Safety Commission Action
The Building and Fire Life Safety Commission heard this item at a February 22, 2023, special meeting. Four Commission members were present and the Commission unanimously supported the staff recommendation with the following items of clarification, which have been included and addressed in the proposed ordinance presented to Council.
• Clarification of the applicability of the proposed ordinance due to a typo that identified the regulations as applying to commercial buildings. The reference to ‘commercial’ has been removed. The intent of the proposed ordinance is to apply to all public restroom facilities.
• Clarification of design standard that gender neutral public restroom facilities be located along visible and common/open circulation paths. • Comment regarding the design standard prohibiting an entrance door into public restroom area that may obstruct or prevent visual security; and, clarification of whether direct visibility into the gender neutral public restroom facility is required, or if a 90-degree turn (as an example) is allowed.
Environmental Review
The proposed ordinance amendment to establish regulations and design standards for gender neutral public restroom facilities is exempt from the provisions of the California Environmental Quality Ace (“CEQA”), pursuant to Section 15061(b)(3) of the State Implementation Guidelines (common sense exception). Based on the evidence in the record, it can be seen with certainty that there is no possibility that the proposed changes may have a significant effect on the environment. The proposal would not result in adverse physical environmental effects as it encompasses design modifications 7 of 7
and lessening use restrictions for public restroom facilities that would otherwise already be provided in a new development.
Financial Impacts & Budget Actions
There is no immediate financial impact or budget action necessary as a result of the recommended action.
Prepared By: Ariel Socarras, Building and Safety Manager Approved Forwarded to Council
Attachments:
A. Attachment A - Draft Gender Neutral Public Restroom Ordinance