Agenda packet — Santa Monica City Council, May 9, 2023 (part 3 of 5)

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

10.C
Packet Pg. 821
2 of 11
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 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.

On March 14, 2023, 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, Council adopted Emergency Interim Zoning Ordinance 2739 (CCS) (“IZO 2739”), to confirm 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. The Emergency Interim Zoning Ordinance is set to expire on May 13, 2023, unless extended.

Staff recommends permanent adoption of the amendments contained in the Emergency Interim Zoning Ordinance. These amendments 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 would not change as a result of the amendments to the Zoning Ordinance. Staff further recommends adoption of an Emergency Interim Zoning Ordinance to extend the interim zoning regulations established by IZO 2739 to allow time for the permanent regulations to become effective.

10.C
Packet Pg. 822
3 of 11
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.

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.

10.C
Packet Pg. 823
4 of 11
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 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 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).
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).

10.C
Packet Pg. 824
5 of 11
. . . .”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 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 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.
10 47 C.F.R. § 1.4000(b)(2).
11 Id. § 1.4000(b).
12 Id. § 1.4000(g).

10.C
Packet Pg. 825
6 of 11
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.

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.

Emergency Interim Zoning Ordinance
On March 14, 2023, Council adopted Emergency Interim Zoning Ordinance 2739 (CCS) to confirm 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. The Emergency Interim Zoning Ordinance is set to expire on May 13, 2023, unless extended.

Planning Commission Recommendation

10.C
Packet Pg. 826
7 of 11
On April 12, 2023, the Planning Commission unanimously adopted Resolution Number 23-009 (PCS) recommending to the City Council that the City Council adopt an Ordinance amending the text of the 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.

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
03/14/23
(attachment 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
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 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.

10.C
Packet Pg. 827
8 of 11
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 standards, including without limitation all applicable FCC standards for radio frequency emissions. The City’s review authority, consistent with Federal law, would not be altered in any way as a result of the proposed extension of the Emergency IZO or of the proposed Zoning Ordinance text amendments.

10.C
Packet Pg. 828
9 of 11
Staff recommends extension of the Emergency IZO for four months until September 13, 2023. The proposed extension would allow Council the opportunity to adopt the proposed Ordinance amending the text of the Municipal Code 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.

Zoning Text Amendment Findings

1. The amendments to the text of the Zoning Ordinance are consistent with the General Plan and any applicable Specific Plans in that the proposed amendments are declarative of existing law, affirm the existing policies in the Zoning Ordinance, and provide clear guidance on the applicable permitting requirements and procedures for personal wireless service facilities and “over-the-air reception devices” (“OTARDs”) to all stakeholders. The amendments will not change the regulation of personal wireless service facilities and OTARDs.

2. The amendments to the text of the Zoning Ordinance are consistent with the purpose of the Zoning Ordinance to promote the growth of the City in an orderly manner and to promote and protect the public health, safety, and general welfare in that the amendments will 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.

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

10.C
Packet Pg. 829
10 of 11
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.

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

A. City Council Meeting - August 28, 2018 (Web Link)
B. City Council Meeting - March 14, 2023 (Web Link)
C. CDD--IZO re Wireless Facilities Ext 050923
D. CDD--ZO Amendments re Wireless Facilities 050923

10.C
Packet Pg. 830
11 of 11
E. PowerPoint Presentation

10.C
Packet Pg. 831
1 City Council Meeting: May 9, 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 EXTENDING INTERIM ZONING REGULATIONS 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

10.C.c
Packet Pg. 832 Attachment: CDD--IZO re Wireless Facilities Ext 050923 [Revision 1] (5681 : Zoning Ord +IZO Extension forPermit Requirements for Wireless 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, on March 14, 2023, the City Council adopted emergency Interim Zoning Ordinance Number 2739 (CCS) (“IZO 2739”), which established interim zoning regulations amending the City’s Zoning Ordinance 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; and WHEREAS, on March 15, 2023, the Planning Commission adopted Resolution Number 23-008 (PCS), declaring its intention to consider recommending to the City Council that the City Council amend the text of the 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; and WHEREAS, on April 12, 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 23-009

10.C.c
Packet Pg. 833 Attachment: CDD--IZO re Wireless Facilities Ext 050923 [Revision 1] (5681 : Zoning Ord +IZO Extension forPermit Requirements for Wireless 3 (PCS), recommending that the City Council amend the text of the Zoning Ordinance based on the following findings:

1. The proposed amendments to the text of the Zoning
Ordinance are consistent with the General Plan and any applicable Specific Plans in that the proposed amendments are declarative of existing law, affirm the existing policies in the Zoning Ordinance, and provide clear guidance on the applicable permitting requirements and procedures for personal wireless service facilities and “over-the-air reception devices” (“OTARDs”) to all stakeholders. The proposed amendments will not change the regulation of personal wireless service facilities and OTARDs.

2. The proposed amendments to the text of the Zoning
Ordinance are consistent with the purpose of the Zoning Ordinance to promote the growth of the City in an orderly manner and to promote and protect the public health, safety, and general welfare in that the amendments will 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.

WHEREAS, on May 9, 2023, concurrently with consideration of this Emergency Interim Zoning Ordinance, the City Council conducted a duly noticed public hearing to consider the Planning Commission’s recommendation and proposed amendments to the text of the Zoning Ordinance; and

10.C.c
Packet Pg. 834 Attachment: CDD--IZO re Wireless Facilities Ext 050923 [Revision 1] (5681 : Zoning Ord +IZO Extension forPermit Requirements for Wireless 4 WHEREAS, the City Council desires to extend the interim zoning regulations established by IZO 2739 to allow time for the amendments to the text of the Zoning Ordinance that are being considered concurrently herewith to become effective; and WHEREAS, a current and immediate threat to the public health, safety and welfare continues to exist due to potential for unpermitted installations resulting from ambiguity in the City’s Zoning Ordinance.

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 designations apply strictly to the permissibility of land uses; applications for buildings or structures may require discretionary review.
“P” designates permitted uses.
“L(#)” designates limited uses, which are permitted by right, provided they comply with specific limitations listed at the end of the table.
“MUP” designates use classifications that are permitted after review and approval of a Minor Use Permit.
“CUP” designates use classifications that are permitted after review and approval of a Conditional Use Permit.
“—” designates uses that are not permitted.

10.C.c
Packet Pg. 835 Attachment: CDD--IZO re Wireless Facilities Ext 050923 [Revision 1] (5681 : Zoning Ord +IZO Extension forPermit Requirements for Wireless 5 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
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.

10.C.c
Packet Pg. 836 Attachment: CDD--IZO re Wireless Facilities Ext 050923 [Revision 1] (5681 : Zoning Ord +IZO Extension forPermit Requirements for Wireless 6 TABLE 9.13.020: LAND USE REGULATIONS—EMPLOYMENT DISTRICTS Use Classification IC OC HMU Additional Regulations
Adult Day Care MUP P P
Child Care and Early Education Facilities MUP P P
Section 9.31.120, Child Care and
Early Education Facilities
Colleges and Trade Schools, Public or Private – CUP –
Community Assembly CUP CUP CUP
Community Gardens P P P
Cultural Facility – – CUP
Hospitals and Clinics – – P
Park and Recreation Facilities, Public P P P
Public Safety Facilities MUP MUP P
Schools, Public or Private L (3)/CUP L (3)/CUP P
Social Service Centers MUP MUP P
Section 9.31.350, Social Service
Centers
Commercial Uses
Animal Care, Sales, and Services See sub-classifications below.

Kennels CUP – –
Pet Day Care Services MUP – –
Veterinary Services P – –
Automobile/Vehicle Sales and Service See sub-classifications below.

Alternative Fuels and Recharging
Facilities L (5)/CUP CUP –
Automobile Rental L (4) P –
Section 9.31.050, Automobile
Rental
Automobile Storage Use CUP CUP –
Automobile/Vehicle Sales and Leasing CUP CUP –
Section 9.31.070,
Automobile/Vehicle Sales, Leasing,
and Storage
Automobile/Vehicle Repair, Major L (5)/CUP – –
Section 9.31.060,
Automobile/Vehicle Repair, Major
and Minor
Automobile/Vehicle Service and Repair,
Minor L (5)/CUP – –
Section 9.31.060,
Automobile/Vehicle Repair, Major
and Minor
Automobile/Vehicle Washing CUP – –
Section 9.31.080,
Automobile/Vehicle Washing
Large Vehicle and Equipment Sales,
Service, and Rental CUP – –
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

10.C.c
Packet Pg. 837 Attachment: CDD--IZO re Wireless Facilities Ext 050923 [Revision 1] (5681 : Zoning Ord +IZO Extension forPermit Requirements for Wireless 7 TABLE 9.13.020: LAND USE REGULATIONS—EMPLOYMENT DISTRICTS Use Classification IC OC HMU Additional Regulations
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
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.

10.C.c
Packet Pg. 838 Attachment: CDD--IZO re Wireless Facilities Ext 050923 [Revision 1] (5681 : Zoning Ord +IZO Extension forPermit Requirements for Wireless 8 TABLE 9.13.020: LAND USE REGULATIONS—EMPLOYMENT DISTRICTS Use Classification IC OC HMU Additional Regulations
Artist’s Studio P P P
Commercial Kitchens P – –
Industry, General P CUP (12) –
Research and Development P CUP (12) P
Industry, Limited P CUP (12) –
Media Production P P –
Recycling Facility See sub-classifications below.

Recycling Collection Facility P – –
Recycling Processing Facility P – –
Warehousing, Storage, and Distribution See sub-classifications below.

Indoor Warehousing and Storage P – –
Outdoor Storage CUP (13) – –
Personal Storage P CUP – Section 9.31.240, Personal Storage Wholesaling and Distribution P – –
Transportation, Communication, and Utilities Uses
Bus/Rail Passenger Stations P P P
City Bikeshare Facility P P P
Communication Facilities See sub-classifications below.

Antennas and Transmission Towers CUP – CUP Chapter 9.32, Telecommunication Facilities
Facilities within Buildings CUP P CUP
Light Fleet-Based Services CUP – –
Utilities See sub-classifications below.

Utilities, Major P P –
Utilities, Minor P P P

10.C.c
Packet Pg. 839 Attachment: CDD--IZO re Wireless Facilities Ext 050923 [Revision 1] (5681 : Zoning Ord +IZO Extension forPermit Requirements for Wireless 9 TABLE 9.13.020: LAND USE REGULATIONS—EMPLOYMENT DISTRICTS Use Classification IC OC HMU Additional Regulations
Specific Limitations:
(1) Limited to 100% affordable housing projects. For senior citizen multiple-unit residential projects in the Office Campus District that are not 100% affordable approval of a Conditional Use Permit is required. (2) Homeless shelters with less than 55 beds are permitted by right. Homeless shelters with 55 beds or more may be permitted with application for and approval of a Conditional Use Permit. (3) Permitted if existing. New uses require approval of a Conditional Use Permit. (4) Limited to accessory automobile rental facilities located within automobile/vehicle repair use. (5) Permitted if located 100 ft. or more from any residential use or district. Conditional Use Permit required if located within 100 ft. of a residential use or district.
(6) Conditionally permitted as businesses that provide goods and services to employees on the premises. No more than 25% of the total square footage of a development may be devoted to such businesses. (7) Limited to theaters with 99 seats or less and 10,000 sq. ft. or less. Larger theaters require a Conditional Use Permit. (8) Exercise facilities (e.g., yoga, Pilates, martial arts, and dance studios) permitted by right. Other small-scale commercial recreation uses require a Conditional Use Permit.
(9) Permitted if existing or accessory to a primary permitted use on the same site and not exceeding 25 percent of the gross floor area of the primary permitted use.
(10) Permitted if existing. New uses are not permitted. (11) Limited to retail sales of goods manufactured on the premises provided that the floor space devoted to such use does not exceed 20% of the gross floor area of the primary permitted use or 2,000 sq. ft., whichever is less. (12) Such uses must be conducted within an enclosed building or an open enclosure screened from public view. In order to approve a Conditional Use Permit, the review authority must make a finding that proposed uses are compatible with office and advanced technological uses.
(13) Limited to outdoor storage of fleet vehicles if such vehicles are directly related to the primary operation on the site. (14) If the commercial use requires a MUP or CUP, an application shall be required in accordance with Chapter 9.41. Even if the commercial use would otherwise be permitted, no such use shall be approved where, given the design or proposed design of the Live-Work unit, there would be the potential for adverse health impacts from the proposed use on the people residing in the unit. An example of a potential health impact is the potential for food contamination from uses that generate airborne particulates in a unit with an unenclosed kitchen.

SECTION 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 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).:

10.C.c
Packet Pg. 840 Attachment: CDD--IZO re Wireless Facilities Ext 050923 [Revision 1] (5681 : Zoning Ord +IZO Extension forPermit Requirements for Wireless 10 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;

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

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.

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.

10.C.c
Packet Pg. 841 Attachment: CDD--IZO re Wireless Facilities Ext 050923 [Revision 1] (5681 : Zoning Ord +IZO Extension forPermit Requirements for Wireless 11 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 schools that are separately classified and regulated. See Division 3, Section 9.31.100, Community Assembly, for further details.

10.C.c
Packet Pg. 842 Attachment: CDD--IZO re Wireless Facilities Ext 050923 [Revision 1] (5681 : Zoning Ord +IZO Extension forPermit Requirements for Wireless 12 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 and employees. This classification excludes veterinary services and animal hospitals (see Animal Care, Sales, and Services).

10.C.c
Packet Pg. 843 Attachment: CDD--IZO re Wireless Facilities Ext 050923 [Revision 1] (5681 : Zoning Ord +IZO Extension forPermit Requirements for Wireless 13 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.

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.

10.C.c
Packet Pg. 844 Attachment: CDD--IZO re Wireless Facilities Ext 050923 [Revision 1] (5681 : Zoning Ord +IZO Extension forPermit Requirements for Wireless 14 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).
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

10.C.c
Packet Pg. 845 Attachment: CDD--IZO re Wireless Facilities Ext 050923 [Revision 1] (5681 : Zoning Ord +IZO Extension forPermit Requirements for Wireless 15 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 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.

10.C.c
Packet Pg. 846 Attachment: CDD--IZO re Wireless Facilities Ext 050923 [Revision 1] (5681 : Zoning Ord +IZO Extension forPermit Requirements for Wireless 16 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 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

10.C.c
Packet Pg. 847 Attachment: CDD--IZO re Wireless Facilities Ext 050923 [Revision 1] (5681 : Zoning Ord +IZO Extension forPermit Requirements for Wireless 17 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 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,

10.C.c
Packet Pg. 848 Attachment: CDD--IZO re Wireless Facilities Ext 050923 [Revision 1] (5681 : Zoning Ord +IZO Extension forPermit Requirements for Wireless 18 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 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).

10.C.c
Packet Pg. 849 Attachment: CDD--IZO re Wireless Facilities Ext 050923 [Revision 1] (5681 : Zoning Ord +IZO Extension forPermit Requirements for Wireless 19 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.)

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.

10.C.c
Packet Pg. 850 Attachment: CDD--IZO re Wireless Facilities Ext 050923 [Revision 1] (5681 : Zoning Ord +IZO Extension forPermit Requirements for Wireless 20 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. 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.

10.C.c
Packet Pg. 851 Attachment: CDD--IZO re Wireless Facilities Ext 050923 [Revision 1] (5681 : Zoning Ord +IZO Extension forPermit Requirements for Wireless 21 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 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.

10.C.c
Packet Pg. 852 Attachment: CDD--IZO re Wireless Facilities Ext 050923 [Revision 1] (5681 : Zoning Ord +IZO Extension forPermit Requirements for Wireless 22 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 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

10.C.c
Packet Pg. 853 Attachment: CDD--IZO re Wireless Facilities Ext 050923 [Revision 1] (5681 : Zoning Ord +IZO Extension forPermit Requirements for Wireless 23 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 in conjunction with a Service Station but does not include delicatessens or specialty food shops. It excludes establishments that offer a sizeable assortment

10.C.c
Packet Pg. 854 Attachment: CDD--IZO re Wireless Facilities Ext 050923 [Revision 1] (5681 : Zoning Ord +IZO Extension forPermit Requirements for Wireless 24 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.

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

10.C.c
Packet Pg. 855 Attachment: CDD--IZO re Wireless Facilities Ext 050923 [Revision 1] (5681 : Zoning Ord +IZO Extension forPermit Requirements for Wireless 25 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.
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

10.C.c
Packet Pg. 856 Attachment: CDD--IZO re Wireless Facilities Ext 050923 [Revision 1] (5681 : Zoning Ord +IZO Extension forPermit Requirements for Wireless 26 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.

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

10.C.c
Packet Pg. 857 Attachment: CDD--IZO re Wireless Facilities Ext 050923 [Revision 1] (5681 : Zoning Ord +IZO Extension forPermit Requirements for Wireless 27 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, media content, entertainment, engineering, fashion design, film distribution, graphic design, interior design, internet content, landscape design, photography, and similar uses.

10.C.c
Packet Pg. 858 Attachment: CDD--IZO re Wireless Facilities Ext 050923 [Revision 1] (5681 : Zoning Ord +IZO Extension forPermit Requirements for Wireless 28 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 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

10.C.c
Packet Pg. 859 Attachment: CDD--IZO re Wireless Facilities Ext 050923 [Revision 1] (5681 : Zoning Ord +IZO Extension forPermit Requirements for Wireless 29 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 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.C.c
Packet Pg. 860 Attachment: CDD--IZO re Wireless Facilities Ext 050923 [Revision 1] (5681 : Zoning Ord +IZO Extension forPermit Requirements for Wireless 30 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 classification includes retail establishments with more than 25,000 square feet but not more than 80,000 square feet of sales area.

10.C.c
Packet Pg. 861 Attachment: CDD--IZO re Wireless Facilities Ext 050923 [Revision 1] (5681 : Zoning Ord +IZO Extension forPermit Requirements for Wireless 31 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.
(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.

10.C.c
Packet Pg. 862 Attachment: CDD--IZO re Wireless Facilities Ext 050923 [Revision 1] (5681 : Zoning Ord +IZO Extension forPermit Requirements for Wireless 32 (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 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

10.C.c
Packet Pg. 863 Attachment: CDD--IZO re Wireless Facilities Ext 050923 [Revision 1] (5681 : Zoning Ord +IZO Extension forPermit Requirements for Wireless 33 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 classification does not include businesses involved in the processing or manufacturing of wholesale food products (see Industry, Limited).

10.C.c
Packet Pg. 864 Attachment: CDD--IZO re Wireless Facilities Ext 050923 [Revision 1] (5681 : Zoning Ord +IZO Extension forPermit Requirements for Wireless 34 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 solvents. Typical food manufacturing uses include canners, roasters, breweries, wholesale bakeries, and frozen food manufacturers.

10.C.c
Packet Pg. 865 Attachment: CDD--IZO re Wireless Facilities Ext 050923 [Revision 1] (5681 : Zoning Ord +IZO Extension forPermit Requirements for Wireless 35 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. 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.

10.C.c
Packet Pg. 866 Attachment: CDD--IZO re Wireless Facilities Ext 050923 [Revision 1] (5681 : Zoning Ord +IZO Extension forPermit Requirements for Wireless 36 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 outlets and the storage of industrial equipment, products and materials. This classification also includes cold storage, draying or freight, moving and storage,

10.C.c
Packet Pg. 867 Attachment: CDD--IZO re Wireless Facilities Ext 050923 [Revision 1] (5681 : Zoning Ord +IZO Extension forPermit Requirements for Wireless 37 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 and public transportation and related facilities, including bus operations, servicing and storage. This classification also includes support activities such as fueling and

10.C.c
Packet Pg. 868 Attachment: CDD--IZO re Wireless Facilities Ext 050923 [Revision 1] (5681 : Zoning Ord +IZO Extension forPermit Requirements for Wireless 38 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.

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-the10.C.c Packet Pg. 869 Attachment: CDD--IZO re Wireless Facilities Ext 050923 [Revision 1] (5681 : Zoning Ord +IZO Extension forPermit Requirements for Wireless 39 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.

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 treatment and disposal, water or wastewater treatment plants, and similar facilities of public agencies or public utilities.

10.C.c
Packet Pg. 870 Attachment: CDD--IZO re Wireless Facilities Ext 050923 [Revision 1] (5681 : Zoning Ord +IZO Extension forPermit Requirements for Wireless 40 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.

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

10.C.c
Packet Pg. 871 Attachment: CDD--IZO re Wireless Facilities Ext 050923 [Revision 1] (5681 : Zoning Ord +IZO Extension forPermit Requirements for Wireless 41 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 dated March 14, 2023, 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 as of September 13, 2023, unless it is otherwise extended pursuant to Santa Monica Municipal Code Section 9.46.090(C).

APPROVED AS TO FORM:
_________________________

DOUGLAS SLOAN
City Attorney

10.C.c
Packet Pg. 872 Attachment: CDD--IZO re Wireless Facilities Ext 050923 [Revision 1] (5681 : Zoning Ord +IZO Extension forPermit Requirements for Wireless 1 City Council Meeting: May 9, 2023 Santa Monica, California ORDINANCE NUMBER _____ (CCS)
(City Council Series)

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

AMENDING THE TEXT OF THE 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
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

10.C.d
Packet Pg. 873 Attachment: CDD--ZO Amendments re Wireless Facilities 050923 [Revision 1] (5681 : Zoning Ord +IZO Extension forPermit 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, on March 14, 2023, the City Council adopted emergency Interim Zoning Ordinance Number 2739 (CCS), which amended the City’s Zoning Ordinance 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; and
WHEREAS, on March 15, 2023, the Planning Commission adopted Resolution Number 23-008 (PCS), declaring its intention to consider recommending to the City Council that the City Council amend the text of the 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; and WHEREAS, on April 12, 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 23-009

10.C.d
Packet Pg. 874 Attachment: CDD--ZO Amendments re Wireless Facilities 050923 [Revision 1] (5681 : Zoning Ord +IZO Extension forPermit Requirements for 3 (PCS), recommending that the City Council amend the text of the Zoning Ordinance based on the following findings:

WHEREAS, on May 9, 2023, the City Council conducted a duly noticed public hearing, and, after considering all oral and written testimony, desires to adopt the proposed Zoning Ordinance amendments as set forth below.

10.C.d
Packet Pg. 875 Attachment: CDD--ZO Amendments re Wireless Facilities 050923 [Revision 1] (5681 : Zoning Ord +IZO Extension forPermit Requirements for 4 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 May 9, 2023, regarding the amendments to the text of the Zoning Ordinance, the City Council hereby makes the following findings:

1. The amendments to the text of the Zoning Ordinance are consistent with the General Plan and any applicable Specific Plans in that the amendments are declarative of existing law, affirm the existing policies in the Zoning Ordinance, and provide clear guidance on the applicable permitting requirements and procedures for personal wireless service facilities and “over-the-air reception devices” (“OTARDs”) to all stakeholders. The amendments will not change the regulation of personal wireless service facilities and OTARDs.

10.C.d
Packet Pg. 876 Attachment: CDD--ZO Amendments re Wireless Facilities 050923 [Revision 1] (5681 : Zoning Ord +IZO Extension forPermit Requirements for 5 SECTION 2. Santa Monica Municipal Code Section 9.13.020 is hereby amended to read as follows:

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.

10.C.d
Packet Pg. 877 Attachment: CDD--ZO Amendments re Wireless Facilities 050923 [Revision 1] (5681 : Zoning Ord +IZO Extension forPermit Requirements for 6 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.

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 – –

10.C.d
Packet Pg. 878 Attachment: CDD--ZO Amendments re Wireless Facilities 050923 [Revision 1] (5681 : Zoning Ord +IZO Extension forPermit Requirements for 7 TABLE 9.13.020: LAND USE REGULATIONS—EMPLOYMENT DISTRICTS Use Classification IC OC HMU Additional Regulations
Veterinary Services P – –
Automobile/Vehicle Sales and Service 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.

10.C.d
Packet Pg. 879 Attachment: CDD--ZO Amendments re Wireless Facilities 050923 [Revision 1] (5681 : Zoning Ord +IZO Extension forPermit Requirements for 8 TABLE 9.13.020: LAND USE REGULATIONS—EMPLOYMENT DISTRICTS Use Classification IC OC HMU Additional Regulations
Restaurants, Full-Service, Limited Service
& Take-Out, With Entertainment, With
Outdoor Eating Areas (Greater than 5,000
SF)
– CUP (6) P
Section 9.31.040, Alcoholic
Beverage Sales
Section 9.31.280, Restaurants,
Limited-Service and Take Out
Section 9.31.290, Restaurants with
Entertainment
Section 9.31.200, Outdoor Dining
and Seating
Food Hall (up to 175 seats) CUP CUP CUP
Equipment Rental P – P
Food and Beverage Sales See sub-classifications below.

Convenience Markets L (6) L (6) P
Farmers Markets CUP – –
Funeral Parlor and Mortuary – – CUP
Live-Work L (14) CUP L (14) Section 9.31.170, Live-Work Offices See sub-classifications below.

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 – –

10.C.d
Packet Pg. 880 Attachment: CDD--ZO Amendments re Wireless Facilities 050923 [Revision 1] (5681 : Zoning Ord +IZO Extension forPermit Requirements for 9 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.

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 3. Santa Monica Municipal Code Section 9.32.030 is hereby amended to 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,

10.C.d
Packet Pg. 881 Attachment: CDD--ZO Amendments re Wireless Facilities 050923 [Revision 1] (5681 : Zoning Ord +IZO Extension forPermit Requirements for 10 collocate, relocate or otherwise deploy personal wireless service facilities in the City, unless exempted pursuant to subsection B of this Section.

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;

10.C.d
Packet Pg. 882 Attachment: CDD--ZO Amendments re Wireless Facilities 050923 [Revision 1] (5681 : Zoning Ord +IZO Extension forPermit Requirements for 11 SECTION 4. Santa Monica Municipal Code Section 9.51.030 is hereby amended read as follows:

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

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.

5. Community Assembly. A facility for public or private meetings including community centers, banquet centers, religious assembly facilities, civic auditoriums,

10.C.d
Packet Pg. 883 Attachment: CDD--ZO Amendments re Wireless Facilities 050923 [Revision 1] (5681 : Zoning Ord +IZO Extension forPermit Requirements for 12 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 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 do not include medical marijuana collectives.

10.C.d
Packet Pg. 884 Attachment: CDD--ZO Amendments re Wireless Facilities 050923 [Revision 1] (5681 : Zoning Ord +IZO Extension forPermit Requirements for 13 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 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

10.C.d
Packet Pg. 885 Attachment: CDD--ZO Amendments re Wireless Facilities 050923 [Revision 1] (5681 : Zoning Ord +IZO Extension forPermit Requirements for 14 concessions or community centers within the facilities and restrooms within a primary structure or in an accessory structure on the same site.

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

B. Commercial Use Classifications.

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

10.C.d
Packet Pg. 886 Attachment: CDD--ZO Amendments re Wireless Facilities 050923 [Revision 1] (5681 : Zoning Ord +IZO Extension forPermit Requirements for 15 a fixed location, and excludes pet supply stores that do not sell animals or provide on-site animal services (see General Retail Sales).
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.

10.C.d
Packet Pg. 887 Attachment: CDD--ZO Amendments re Wireless Facilities 050923 [Revision 1] (5681 : Zoning Ord +IZO Extension forPermit Requirements for 16 as well as equipment to recharge electric-powered vehicles. This classification 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

10.C.d
Packet Pg. 888 Attachment: CDD--ZO Amendments re Wireless Facilities 050923 [Revision 1] (5681 : Zoning Ord +IZO Extension forPermit Requirements for 17 arranging, negotiating, assisting, or effectuating the purchase of automobiles for 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

10.C.d
Packet Pg. 889 Attachment: CDD--ZO Amendments re Wireless Facilities 050923 [Revision 1] (5681 : Zoning Ord +IZO Extension forPermit Requirements for 18 towing services. It also excludes repair of heavy trucks, limousines or construction 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

4. Banks and Financial Institutions.

10.C.d
Packet Pg. 890 Attachment: CDD--ZO Amendments re Wireless Facilities 050923 [Revision 1] (5681 : Zoning Ord +IZO Extension forPermit Requirements for 19 a. Bank and Credit Union. Financial institutions providing retail banking services. This classification includes only those institutions engaged in the on-site 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.

10.C.d
Packet Pg. 891 Attachment: CDD--ZO Amendments re Wireless Facilities 050923 [Revision 1] (5681 : Zoning Ord +IZO Extension forPermit Requirements for 20 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.

10.C.d
Packet Pg. 892 Attachment: CDD--ZO Amendments re Wireless Facilities 050923 [Revision 1] (5681 : Zoning Ord +IZO Extension forPermit Requirements for 21 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.

10.C.d
Packet Pg. 893 Attachment: CDD--ZO Amendments re Wireless Facilities 050923 [Revision 1] (5681 : Zoning Ord +IZO Extension forPermit Requirements for 22 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.

10.C.d
Packet Pg. 894 Attachment: CDD--ZO Amendments re Wireless Facilities 050923 [Revision 1] (5681 : Zoning Ord +IZO Extension forPermit Requirements for 23 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.

10.C.d
Packet Pg. 895 Attachment: CDD--ZO Amendments re Wireless Facilities 050923 [Revision 1] (5681 : Zoning Ord +IZO Extension forPermit Requirements for 24 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.

10.C.d
Packet Pg. 896 Attachment: CDD--ZO Amendments re Wireless Facilities 050923 [Revision 1] (5681 : Zoning Ord +IZO Extension forPermit Requirements for 25 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.

10.C.d
Packet Pg. 897 Attachment: CDD--ZO Amendments re Wireless Facilities 050923 [Revision 1] (5681 : Zoning Ord +IZO Extension forPermit Requirements for 26 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.

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

10.C.d
Packet Pg. 898 Attachment: CDD--ZO Amendments re Wireless Facilities 050923 [Revision 1] (5681 : Zoning Ord +IZO Extension forPermit Requirements for 27 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.

10.C.d
Packet Pg. 899 Attachment: CDD--ZO Amendments re Wireless Facilities 050923 [Revision 1] (5681 : Zoning Ord +IZO Extension forPermit Requirements for 28 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.

10.C.d
Packet Pg. 900 Attachment: CDD--ZO Amendments re Wireless Facilities 050923 [Revision 1] (5681 : Zoning Ord +IZO Extension forPermit Requirements for 29 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

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

10.C.d
Packet Pg. 901 Attachment: CDD--ZO Amendments re Wireless Facilities 050923 [Revision 1] (5681 : Zoning Ord +IZO Extension forPermit Requirements for 30 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

10.C.d
Packet Pg. 902 Attachment: CDD--ZO Amendments re Wireless Facilities 050923 [Revision 1] (5681 : Zoning Ord +IZO Extension forPermit Requirements for 31 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.

10.C.d
Packet Pg. 903 Attachment: CDD--ZO Amendments re Wireless Facilities 050923 [Revision 1] (5681 : Zoning Ord +IZO Extension forPermit Requirements for 32 (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

10.C.d
Packet Pg. 904 Attachment: CDD--ZO Amendments re Wireless Facilities 050923 [Revision 1] (5681 : Zoning Ord +IZO Extension forPermit Requirements for 33 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.

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

10.C.d
Packet Pg. 905 Attachment: CDD--ZO Amendments re Wireless Facilities 050923 [Revision 1] (5681 : Zoning Ord +IZO Extension forPermit Requirements for 34 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.

10.C.d
Packet Pg. 906 Attachment: CDD--ZO Amendments re Wireless Facilities 050923 [Revision 1] (5681 : Zoning Ord +IZO Extension forPermit Requirements for 35 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.

10.C.d
Packet Pg. 907 Attachment: CDD--ZO Amendments re Wireless Facilities 050923 [Revision 1] (5681 : Zoning Ord +IZO Extension forPermit Requirements for 36 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.

10.C.d
Packet Pg. 908 Attachment: CDD--ZO Amendments re Wireless Facilities 050923 [Revision 1] (5681 : Zoning Ord +IZO Extension forPermit Requirements for 37 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.

10.C.d
Packet Pg. 909 Attachment: CDD--ZO Amendments re Wireless Facilities 050923 [Revision 1] (5681 : Zoning Ord +IZO Extension forPermit Requirements for 38 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.

10.C.d
Packet Pg. 910 Attachment: CDD--ZO Amendments re Wireless Facilities 050923 [Revision 1] (5681 : Zoning Ord +IZO Extension forPermit Requirements for 39 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.

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

10.C.d
Packet Pg. 911 Attachment: CDD--ZO Amendments re Wireless Facilities 050923 [Revision 1] (5681 : Zoning Ord +IZO Extension forPermit Requirements for 40 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.

SECTION 5. 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 6. If any section, subsection, sentence, clause, or phrase of this Ordinance is for any reason held to be invalid or unconstitutional by a decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this Ordinance. The City Council hereby declares that it would have passed this Ordinance and each and every section, subsection, sentence, clause, or phrase not declared invalid or unconstitutional without regard to whether any portion of the ordinance would be subsequently declared invalid or unconstitutional.

10.C.d
Packet Pg. 912 Attachment: CDD--ZO Amendments re Wireless Facilities 050923 [Revision 1] (5681 : Zoning Ord +IZO Extension forPermit Requirements for 41 SECTION 7. 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.d
Packet Pg. 913 Attachment: CDD--ZO Amendments re Wireless Facilities 050923 [Revision 1] (5681 : Zoning Ord +IZO Extension forPermit Requirements for City Council
Item 10.C
May 9, 2023

10.C.e
Packet Pg. 914 Attachment: PowerPoint Presentation (5681 : Zoning Ord +IZO Extension forPermit Recommended Action
• Adopt a finding of Categorical Exemption from CEQA
• Introduce and adopt an Emergency Interim Zoning
Ordinance to extend interim zoning regulations 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
• Introduce for first reading an Ordinance amending the text of the Santa Monica Municipal Code 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
City Council | 05.09.23 | Item 10.C

10.C.e
Packet Pg. 915 Attachment: PowerPoint Presentation (5681 : Zoning Ord +IZO Extension forPermit 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 ordinances tonight resolve the ambiguity,
clarify that the City’s safety code requirements
apply, and allow the City Council to amend the
SMMC

10.C.e
Packet Pg. 916 Attachment: PowerPoint Presentation (5681 : Zoning Ord +IZO Extension forPermit What are OTARD antennas?
• TV antennas
• Wi-Fi antennas and fixed wireless Internet antennas
• Satellite dish antennas up to 1 meter in diameter

10.C.e
Packet Pg. 917 Attachment: PowerPoint Presentation (5681 : Zoning Ord +IZO Extension forPermit 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

10.C.e
Packet Pg. 918 Attachment: PowerPoint Presentation (5681 : Zoning Ord +IZO Extension forPermit 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.

10.C.e
Packet Pg. 919 Attachment: PowerPoint Presentation (5681 : Zoning Ord +IZO Extension forPermit 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)

10.C.e
Packet Pg. 920 Attachment: PowerPoint Presentation (5681 : Zoning Ord +IZO Extension forPermit Tonight’s Ordinances…

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

10.C.e
Packet Pg. 921 Attachment: PowerPoint Presentation (5681 : Zoning Ord +IZO Extension forPermit Recommended Action
• Adopt a finding of Categorical Exemption from CEQA
• Introduce and adopt an Emergency Interim Zoning
Ordinance to extend interim zoning regulations 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
• Introduce for first reading an Ordinance amending the text of the Santa Monica Municipal Code 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
City Council | 05.09.23 | Item 10.C

10.C.e
Packet Pg. 922 Attachment: PowerPoint Presentation (5681 : Zoning Ord +IZO Extension forPermit

10.C.e
Packet Pg. 923 Attachment: PowerPoint Presentation (5681 : Zoning Ord +IZO Extension forPermit Proposed Zoning Amendments

10.C.e
Packet Pg. 924 Attachment: PowerPoint Presentation (5681 : Zoning Ord +IZO Extension forPermit Proposed Interim Zoning Amendments

10.C.e
Packet Pg. 925 Attachment: PowerPoint Presentation (5681 : Zoning Ord +IZO Extension forPermit Proposed Interim Zoning Amendments

10.C.e
Packet Pg. 926 Attachment: PowerPoint Presentation (5681 : Zoning Ord +IZO Extension forPermit City Council
Report
City Council Meeting: May 9, 2023
Agenda Item: 10.D
1 of 5
To: Mayor and City Council
From: David Martin, Director, City Planning
Subject: Introduction and First Reading of an Ordinance to Cancel Development Agreement 13DEV-010 that Allowed Construction of a Multi-Screen Movie Theater Complex on the Third Level of Santa Monica Place at 315 Colorado Avenue
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 ordinance to cancel Development Agreement 13DEV-010 pertaining to a movie theater complex at Santa Monica Place at 315 Colorado Avenue.

3. Authorize the City Manager to take all necessary implementing actions related to the cancellation.

Summary
On April 22, 2014 City Council approved Development Agreement (DA) 13DEV-010 to allow construction of a multi-screen movie theater complex on the third level of Santa Monica Place at 315 Colorado Avenue, following the Planning Commission’s March 19, 2014 formal review and recommendation of approval. The movie theater was subsequently built and operated and associated public benefits delivered. The movie theater ceased operations in 2020 and Macerich, the owner and operator of Santa Monica Place, anticipates the space will be repurposed for a different use rendering the Development Agreement obsolete.

10.D
Packet Pg. 927
2 of 5
Discussion
A Development Agreement is a contract between the City and a developer that authorizes the type and amount of development that may occur within a specific period of time. Development Agreements typically provide developers with guaranteed development rights in exchange for project and community benefits. While a DA is an alternative to the standard development agreement process, in practice it is similar to other public review processes where the City Council makes the final decision with the exception that the City Council has more discretion in imposing conditions and requirements on the proposed project since a Development Agreement is voluntarilynegotiated contract adopted by ordinance.

Santa Monica Municipal Code Chapter 9.60 outlines the procedures and regulations for Development Agreements. Either the City or Applicant/owner can propose cancellation of a Development Agreement. Macerich’s formal request is provided as Attachment “A”.

The City Council is required to hold a public hearing and adopt an ordinance to approve, amend, or cancel a Development Agreement.

The 2014 Development Agreement was necessary at that time to allow for additional building height to a maximum of 84 feet for the conversion of the then-vacant retail space on the third floor into a multi-screen movie theater complex. At the time of the DA’s approval, the City’s Interim Zoning Ordinance (IZO) required the project to be reviewed through a Development Agreement since the project exceeded the height limit of the IZO but was within the 84’ height limit allowed by the Land Use and Circulation Element (LUCE). Since the approval of the Development Agreement, the height limit has been increased in the Downtown Community Plan (DCP) and if the project were to be proposed today, the height would be allowed by right and a DA would not be required.

The Council approved a suite of community benefits with the approval of the DA. The requirements associated with the physical project and environs were made:
• Colorado Esplanade: a $120,000 contribution for Esplanade improvements, extension of Esplanade features onto Santa Monica Place property, a $100,000

10.D
Packet Pg. 928
3 of 5
contribution towards the Downtown Wayfinding Metro Grant project, and onsite wayfinding.
• Local Hiring: a program to hire local during construction. • Sustainable Design: the project was designed to achieve LEED® Gold certification, the applicant installed photovoltaic panels on the roof, and facilitated the use of SMURF water for pressure washing of the Esplanade by installing a connection to the SMURF line.

Some community benefits were specific to a theater and are no longer applicable, including.
• American Film Market (AFM): making three movie screens available to AFM during their annual film festival.
• Kiosk on Ground Level: a theater related kiosk on the ground floor of Santa Monica Place.

Other community benefits expire and alternatives are provided to the developer:
• Local Hiring: Santa Monica Place tenants will have information on how to post to the Hire Local Jobs Board.
• Transportation Demand Management (TDM): any future employer will be required to comply with the City’s TDM Ordinance.

The tenant space that was created as a result of the DA has not been used as movie theater since March 2020. Any new uses of the space will require a separate process to determine what, if any, discretionary permits are required. Macerich is proposing a new museum in the tenant space, a permitted use in the DCP’s Transit Adjacent Zone.

In summary, City staff supports Macerich’s request to cancel the Development Agreement for the following reasons:
1) In 2014, a Development Agreement was required for projects seeking additional building height as an interim requirement while preparation of the Downtown Community Plan was in progress. Today’s DCP allows for an 84’ height for

10.D
Packet Pg. 929
4 of 5
additions and new construction in the Transit Adjacent Zone without a Development Agreement.
2) The terms and conditions contained in the 2014 Development Agreement are structured for a single-purpose movie theater use that is no longer in operation and therefore restrict the reuse of the vacant tenant space for other permitted uses identified in the DCP.
3) Key community benefits required by the 2014 Development Agreement were satisfied concurrently with completion of construction and operation of the movie theater.
4) Facilitating the reuse of this anchor tenant space for a visitor- and communityserving immersive art use, or other permitted use, will help support the overall economic recovery efforts of both the City and private property owners in Santa Monica’s Downtown.

The Planning Commission reviewed the proposed DA cancellation at its April 19, 2023 meeting. Following a brief discussion regarding whether it would be preferable to amend the Development Agreement rather than process a cancellation, the Commission agreed that there are unique factors associated with this site and voted unanimously to recommend that Council cancel the Agreement.

Environmental Analysis
The proposed zoning regulations are categorically exempt from the provisions of the California Environmental Quality Act, California Public Resources Code Section 21000 et seq. (CEQA), pursuant to Section 15061(b)(3) of the State Implementation Guidelines (common sense exemption) as it can be seen with certainty that there is no possibility that the cancellation of the Development Agreement may have a significant effect on the environment. Cancellation of the Development Agreement does not affect the building floor area, height or allowed uses for the existing building and therefore, no further environmental review under CEQA is required.

10.D
Packet Pg. 930
5 of 5
Past Council Actions
Meeting Date Description
April 22, 2014
(Attachment B)
Public hearing approving the Santa Monica Place Cinemas Development Agreement
Financial Impacts and Budget Actions
There is no immediate financial impact or budget action necessary as a result of the recommended action.

Prepared By: Roxanne Tanemori, Principal Planner
Approved Forwarded to Council
Attachments:

A. Macerich DA Cancellation Letter Request 3-10-2023
B. SMP Cinemas Council Staff Report 4-22-2014
C. SMP Cinemas Supplemental Council Staff Report 4-22-2014 D. SMP Cinemas Development Agreement - Council Mtg 4-22-14 E. CDD-Ord-Cancellation of SMP Theater DA 050923
F. PowerPoint Presentation

10.D
Packet Pg. 931

10.D.a
Packet Pg. 932 Attachment: Macerich DA Cancellation Letter Request 3-10-2023 (5685 : Dissolution of Santa Monica Place Movie Theater Development

10.D.b
Packet Pg. 933 Attachment: SMP Cinemas Council Staff Report 4-22-2014 (5685 : Dissolution of Santa Monica Place Movie Theater Development Agreement

10.D.b
Packet Pg. 934 Attachment: SMP Cinemas Council Staff Report 4-22-2014 (5685 : Dissolution of Santa Monica Place Movie Theater Development Agreement

10.D.b
Packet Pg. 935 Attachment: SMP Cinemas Council Staff Report 4-22-2014 (5685 : Dissolution of Santa Monica Place Movie Theater Development Agreement

10.D.b
Packet Pg. 936 Attachment: SMP Cinemas Council Staff Report 4-22-2014 (5685 : Dissolution of Santa Monica Place Movie Theater Development Agreement

10.D.b
Packet Pg. 937 Attachment: SMP Cinemas Council Staff Report 4-22-2014 (5685 : Dissolution of Santa Monica Place Movie Theater Development Agreement

10.D.b
Packet Pg. 938 Attachment: SMP Cinemas Council Staff Report 4-22-2014 (5685 : Dissolution of Santa Monica Place Movie Theater Development Agreement

10.D.b
Packet Pg. 939 Attachment: SMP Cinemas Council Staff Report 4-22-2014 (5685 : Dissolution of Santa Monica Place Movie Theater Development Agreement

10.D.b
Packet Pg. 940 Attachment: SMP Cinemas Council Staff Report 4-22-2014 (5685 : Dissolution of Santa Monica Place Movie Theater Development Agreement

10.D.b
Packet Pg. 941 Attachment: SMP Cinemas Council Staff Report 4-22-2014 (5685 : Dissolution of Santa Monica Place Movie Theater Development Agreement

10.D.b
Packet Pg. 942 Attachment: SMP Cinemas Council Staff Report 4-22-2014 (5685 : Dissolution of Santa Monica Place Movie Theater Development Agreement

10.D.b
Packet Pg. 943 Attachment: SMP Cinemas Council Staff Report 4-22-2014 (5685 : Dissolution of Santa Monica Place Movie Theater Development Agreement

10.D.b
Packet Pg. 944 Attachment: SMP Cinemas Council Staff Report 4-22-2014 (5685 : Dissolution of Santa Monica Place Movie Theater Development Agreement

10.D.b
Packet Pg. 945 Attachment: SMP Cinemas Council Staff Report 4-22-2014 (5685 : Dissolution of Santa Monica Place Movie Theater Development Agreement

10.D.b
Packet Pg. 946 Attachment: SMP Cinemas Council Staff Report 4-22-2014 (5685 : Dissolution of Santa Monica Place Movie Theater Development Agreement

10.D.b
Packet Pg. 947 Attachment: SMP Cinemas Council Staff Report 4-22-2014 (5685 : Dissolution of Santa Monica Place Movie Theater Development Agreement

10.D.b
Packet Pg. 948 Attachment: SMP Cinemas Council Staff Report 4-22-2014 (5685 : Dissolution of Santa Monica Place Movie Theater Development Agreement

10.D.b
Packet Pg. 949 Attachment: SMP Cinemas Council Staff Report 4-22-2014 (5685 : Dissolution of Santa Monica Place Movie Theater Development Agreement

10.D.b
Packet Pg. 950 Attachment: SMP Cinemas Council Staff Report 4-22-2014 (5685 : Dissolution of Santa Monica Place Movie Theater Development Agreement

10.D.b
Packet Pg. 951 Attachment: SMP Cinemas Council Staff Report 4-22-2014 (5685 : Dissolution of Santa Monica Place Movie Theater Development Agreement

10.D.c
Packet Pg. 952 Attachment: SMP Cinemas Supplemental Council Staff Report 4-22-2014 (5685 : Dissolution of Santa Monica Place Movie Theater Development

10.D.c
Packet Pg. 953 Attachment: SMP Cinemas Supplemental Council Staff Report 4-22-2014 (5685 : Dissolution of Santa Monica Place Movie Theater Development Recording Requested By:

City of Santa Monica
When Recorded Mail To:

City of Santa Monica
Santa Monica City Attorney’s Office
1685 Main Street, Third Floor
Santa Monica, CA 90401
Attention: Senior Land Use Attorney
________________________________________________________________________ Space Above Line For Recorder’s Use
No Recording Fee Required
California Government Code Section 27383

DEVELOPMENT AGREEMENT

BETWEEN

CITY OF SANTA MONICA
AND

MACERICH SMP LP

FOR THE SANTA MONICA PLACE THEATER PROJECT
__________________, 2014

10.D.d
Packet Pg. 954 Attachment: SMP Cinemas Development Agreement - Council Mtg 4-22-14 (5685 : Dissolution of Santa Monica Place Movie Theater

TABLE OF CONTENTS
Recitals........................................................................................................................................... 1 Article 1 Definitions.............................................................................................................. 3 Article 2 Description of the Project ...................................................................................... 7

2.1 General Description ............................................................................................... 7

2.2 Principal Components of the Project ..................................................................... 7

2.3 No Change to Gross Leasable Floor Area of Santa Monica Place ........................ 8

2.4 No Obligation to Develop...................................................................................... 8

2.5 Vested Rights......................................................................................................... 8

2.6 Permitted Uses .................................................................................................... 10

2.7 Project and Community Benefits......................................................................... 12

2.8 Design .................................................................................................................. 19 Article 3 Construction......................................................................................................... 20

3.1 Construction Mitigation Plan............................................................................... 20

3.2 Construction Hours.............................................................................................. 20

3.3 Outside Building Permit Issuance Date ............................................................... 20

3.4 Construction Period ............................................................................................. 21

3.5 Damage or Destruction ........................................................................................ 21

3.6 Construction Staging............................................................................................ 21

3.7 Use of Public Right-of-Way and Liquidated Damages Deposit.......................... 21 Article 4 Project Fees, Exactions, Mitigation Measures and Conditions............................ 22

4.1 Fees, Exactions, Mitigation Measures and Conditions........................................ 22

4.2 Conditions on Modifications................................................................................ 22

4.3 Implementation of Mitigation Measures and Conditions of Approval................ 22 i

10.D.d
Packet Pg. 955 Attachment: SMP Cinemas Development Agreement - Council Mtg 4-22-14 (5685 : Dissolution of Santa Monica Place Movie Theater Article 5 Effect of Agreement on City Laws and Regulations........................................... 23

5.1 Development Standards for the Property; Existing Regulations ......................... 23

5.2 Permitted Subsequent Code Changes .................................................................. 24

5.3 Common Set of Existing Regulations.................................................................. 25

5.4 Conflicting Enactments........................................................................................ 26

5.5 Timing of Development....................................................................................... 26 Article 6 Architectural Review Board ................................................................................ 26

6.1 Architectural Review Board Approval ................................................................ 26

6.2 [Reserved]............................................................................................................ 26 Article 7 City Technical Permits......................................................................................... 27

7.1 Definitions............................................................................................................ 27

7.2 Diligent Action by City........................................................................................ 27

7.3 Conditions for Diligent Action by the City.......................................................... 27

7.4 Duration of Technical City Permits..................................................................... 28

7.5 Applicable Building Code.................................................................................... 28 Article 8 Amendment and Modification ............................................................................. 28

8.1 Amendment and Modification of Development Agreement ............................... 28 Article 9 Term..................................................................................................................... 29

9.1 Effective Date ...................................................................................................... 29

9.2 Term..................................................................................................................... 29 Article 10 Periodic Review of Compliance ................................................................................ 29

10.1 City Review ......................................................................................................... 29

10.2 Evidence of Good Faith Compliance................................................................... 29

10.3 Information to be Provided to Developer ............................................................ 30

10.4 Notice of Breach; Cure Rights............................................................................. 30 ii

10.D.d
Packet Pg. 956 Attachment: SMP Cinemas Development Agreement - Council Mtg 4-22-14 (5685 : Dissolution of Santa Monica Place Movie Theater

10.5 Failure of Periodic Review .................................................................................. 30

10.6 Termination of Development Agreement ............................................................ 30

10.7 City Cost Recovery.............................................................................................. 30 Article 11 Default.................................................................................................................. 31

11.1 Notice and Cure ................................................................................................... 31

11.2 Remedies for Monetary Default........................................................................... 31

11.3 Remedies for Non-Monetary Default .................................................................. 32

11.4 Modification or Termination Agreement by City................................................ 34

11.5 Cessation of Rights and Obligations.................................................................... 35

11.6 Completion of Improvements.............................................................................. 35 Article 12 Mortgagees........................................................................................................... 35

12.1 Encumbrances on the Property ............................................................................ 35

12.2 Theater Operator’s Notice and Cure Rights......................................................... 37 Article 13 Transfers and Assignments.................................................................................. 38

13.1 Transfers and Assignments.................................................................................. 38

13.2 Release Upon Transfer......................................................................................... 38 Article 14 Indemnity to City ................................................................................................. 39

14.1 Indemnity ............................................................................................................. 39

14.2 City’s Right to Defense........................................................................................ 39 Article 15 General Provisions............................................................................................... 39

15.1 Notices ................................................................................................................. 39

15.2 Entire Agreement; Conflicts................................................................................ 40

15.3 Binding Effect...................................................................................................... 41

15.4 Agreement Not for Benefit of Third Parties........................................................ 41

15.5 No Partnership or Joint Venture .......................................................................... 41 iii

10.D.d
Packet Pg. 957 Attachment: SMP Cinemas Development Agreement - Council Mtg 4-22-14 (5685 : Dissolution of Santa Monica Place Movie Theater

15.6 Estoppel Certificates............................................................................................ 41

15.7 Time ..................................................................................................................... 42

15.8 Excusable Delays................................................................................................. 42

15.9 Governing Law .................................................................................................... 43

15.10 Cooperation in Event of Legal Challenge to Agreement..................................... 43

15.11 Attorneys’ Fees.................................................................................................... 43

15.12 Recordation.......................................................................................................... 43

15.13 No Waiver............................................................................................................ 43

15.14 Construction of this Agreement........................................................................... 44

15.15 Other Governmental Approvals........................................................................... 44

15.16 Venue .................................................................................................................. 45

15.17 Exhibits................................................................................................................ 45

15.18 Counterpart Signatures......................................................................................... 46

15.19 Certificate of Performance................................................................................... 46

15.20 Interests of Developer.......................................................................................... 46

15.21 Operating Memoranda ......................................................................................... 46

15.22 Acknowledgments, Agreements and Assurance on the Part of Developer ......... 46

15.23 Not a Public Dedication....................................................................................... 47

15.24 Other Agreements................................................................................................ 47

15.24 Severability and Termination............................................................................... 48 Exhibit “A” Legal Description of Property
Exhibit “B” Project Plans
Exhibit “C” Permitted Fees and Exactions
Exhibit “D” Mitigation Measures and Conditions of Approval Exhibit “E” SMMC Article 9 (Planning and Zoning)
Exhibit “F-1” Local Hiring Program for Construction
Exhibit “F-2” Local Hiring Program for Permanent Employment Exhibit “G-1” Map of Work Area
Exhibit “G-2” Construction Drawings for Work
iv

10.D.d
Packet Pg. 958 Attachment: SMP Cinemas Development Agreement - Council Mtg 4-22-14 (5685 : Dissolution of Santa Monica Place Movie Theater Exhibit
“H” Construction Mitigation Plan
Exhibit“I” Assignment and Assumption Agreement
Exhibit “J” Conditions for Sale of Alcoholic Beverages v

10.D.d
Packet Pg. 959 Attachment: SMP Cinemas Development Agreement - Council Mtg 4-22-14 (5685 : Dissolution of Santa Monica Place Movie Theater

DEVELOPMENT AGREEMENT
This Development Agreement (“Agreement”), dated ____________, 2014 (“Effective Date”), is entered into by and between MACERICH SMP LP, a Delaware limited partnership (“Developer”), and the CITY OF SANTA MONICA, a municipal corporation organized and existing pursuant to the laws of the State of California and the Charter of the City of Santa Monica (the “City”), with reference to the following facts:

RECITALS
A. Pursuant to California Government Code Section 65864 et seq., Chapter

9.48 of the Santa Monica Municipal Code, and Santa Monica Interim Ordinance No. 2356, as extended and modified, (collectively, the “Development Agreement Statutes”), the City is authorized to enter into binding development agreements with persons or entities having a legal or equitable interest in real property for the development of such real property.

B. Developer is the owner of approximately 10 acres of land located in the City of Santa Monica, State of California developed with shopping center with approximately 586,453 square feet of retail uses, commonly known as Santa Monica Place, as more particularly described in Exhibit “A” attached hereto and incorporated herein by this reference (the “Property”).

C. The City has included the Property within the Downtown Core land use designation under the City’s Land Use and Circulation Element of its General Plan (the “LUCE”). The Property is located within the C3C District under the City’s Zoning Ordinance. To aid in the redevelopment of the Property, the City and Developer desire to allow Developer to convert approximately 50,000 square feet of entitled but vacant retail space on the 3rd Level of the Bloomingdale’s Building within Santa Monica Place into a multi-screen cinema complex with up to 13 movie theaters and a seating capacity of up to 1,500 seats, as more fully described in this Agreement (the “Project”).

D. On October 15, 2013, Developer filed an application for a Development Agreement, pursuant to Santa Monica Municipal Code (“SMMC”) Section 9.48.020 (the “Development Application”). The Development Application was designated by the City as Application No. DEV 13-010. The Development Application is for the Project, as more fully described in this Agreement.

E. On April 26, 2011, the City Council adopted Interim Ordinance No. 2356 (“IZO”). The City Council extended and/or modified the IZO on several occasions thereafter. The IZO prohibits the issuance of permits for development projects that would constitute a Tier 2 or Tier 3 project, as established pursuant to LUCE Chapter 2.1, or that would exceed 32 feet in height in the Downtown Core, as delineated in the Land Use Designation Map approved by the City Council on July 6, 2010, unless developed pursuant to a development agreement adopted in accordance with SMMC Chapter 9.48.

Adoption of this Agreement will allow for the issuance of permits for the Project. 1 10.D.d
Packet Pg. 960 Attachment: SMP Cinemas Development Agreement - Council Mtg 4-22-14 (5685 : Dissolution of Santa Monica Place Movie Theater F. Developer has paid all necessary costs and fees associated with the City’s processing of the Development Application and this Agreement.

G. Following filing of the Development Application, the City prepared and made available public review and comment a mitigated negative declaration (the “MND”) pursuant to the California Environmental Quality Act (“CEQA”).

H. The primary purpose of the Project is to allow for the conversion of existing vacant retail space in Santa Monica Place into a high quality modern movie theater with features that are competitive in the regional marketplace, such as 3-D technology and stadium-style seating, to help the City to compete better for movie goers.

The Parties desire to enter into this Agreement in conformance with the Development Agreement Statutes in order to achieve the development of the Project on the Property.

I. The City Council has determined that a development agreement is appropriate for the proposed development of the Property. This Agreement will (1) eliminate uncertainty in planning for the Project and result in the orderly development of the Project, (2) assure installation of necessary improvements on the Property, (3) provide for public infrastructure and services appropriate to development of the Project, (4) preserve substantial City discretion in reviewing subsequent development of the Property, (5) secure for the City improvements that benefit the public, (6) ensure the provisions of community benefits as envisioned in the LUCE, and (7) otherwise achieve the goals and purposes for which the Development Agreement Statutes were enacted.

J. This Agreement is consistent with the public health, safety, and welfare needs of the residents of the City and the surrounding region. The City has specifically considered and approved the impact and benefits of the development of the Project on the Property in accordance with this Agreement upon the welfare of the region. The Project will provide a number of public benefits, including without limitation the following:
• Consistent with LUCE Policy D.11 and Goal LU6, contribute to Downtown Santa Monica’s role as a dynamic and vibrant activity center by providing modern high quality entertainment uses.
• Consistent with LUCE Policy D1.2, develop a new modern high quality movie theater with 3-D technology and stadium-style seating that will ensure that entertainment venues in Downtown Santa Monica are competitive in the regional marketplace.
• Reduce vehicle trips by developing a movie theater in Downtown Santa Monica in close proximity to the future Exposition Light Rail station and within walking/biking distance of local residents and visitor-serving uses such as hotels.
2 10.D.d
Packet Pg. 961 Attachment: SMP Cinemas Development Agreement - Council Mtg 4-22-14 (5685 : Dissolution of Santa Monica Place Movie Theater • Reduce vehicle miles traveled by locating a modern high quality movie theater in a convenient location for local residents so that they do not have to drive to comparable destinations outside the City.
• Provide a destination entertainment venue adjacent to the Third Street Promenade that will attract movie patrons who will also eat and shop on in the area.
• Generating additional direct and indirect sales tax revenues for the City. • Generating new jobs during construction and operation.

K. The City Council has found that the provisions of this Development Agreement are consistent with the relevant provisions of the City’s General Plan, including the LUCE.

L. On __________, 2014, the City’s Planning Commission held a duly noticed public hearing on the Development Application, this Agreement and the MND, and at such hearing, the Planning Commission recommended adoption of the MND. The Commission recommended [DETAIL RECOMMENDATIONS]
M. On ___________, 2014, the City Council held a duly noticed public hearing on the Development Application, this Agreement and at such hearing the City adopted the MND and introduced Ordinance No. _____ for first reading, approving this Agreement.

O. On ____________, 2014, the City Council adopted Ordinance No. ______, approving this Agreement.

NOW THEREFORE, in consideration for the covenants and conditions hereinafter set forth, the Parties hereto do hereby agree as follows:

ARTICLE 1

DEFINITIONS
The terms defined below have the meanings in this Agreement as set forth below unless the Agreement expressly requires otherwise:

1.1 “Agreement” means this Development Agreement entered into between the City and Developer as of the Effective Date.

1.2 “ARB” means the City’s Architectural Review Board.

1.3 “Building Height” has the meaning as defined in Zoning Ordinance Section 9.04.10.02.030.
3 10.D.d
Packet Pg. 962 Attachment: SMP Cinemas Development Agreement - Council Mtg 4-22-14 (5685 : Dissolution of Santa Monica Place Movie Theater

1.4 “Assumption Agreement” has the meaning set forth in Section 13.2, below.

1.5 “Breach” has the same meaning set forth under Section 11.1.1, below.

1.6 “CEQA” means the California Environmental Quality Act.

1.7 “City” means the City of Santa Monica.

1.8 “City Council” means the City Council of the City of Santa Monica, or its designee.

1.9 “City General Plan” or “General Plan” means the General Plan of the City of Santa Monica, and all elements thereof including the LUCE, as of the Effective Date unless otherwise indicated in this Agreement.

1.10 “City Indemnified Parties” has the meaning set forth in Section 14.1, below.

1.11 “City Parties” means the City, its City Council, boards and commissions, departments, officers, agents, employees, volunteers and other representatives.

1.12 “Commissioning Authority” has the meaning set forth in Section

2.7.8(b)(ii), below.

1.13 “Damages” has the meaning set forth in Section 14.1, below.

1.14 “Developer” means Macerich SMP LP, a Delaware limited partnership.

1.15 “Developer Parties” has the meaning set forth in Section 14.1, below.

1.16 “Development Agreement Statutes” has the meaning set forth in Recital A.

1.17 “Development Application” has the meaning set forth in Recital D.

1.18 “Discretionary Approvals” are actions which require the exercise of judgment or a discretionary decision, and which contemplate and authorize the imposition of revisions or additional conditions, by the City, including any board, commission, or department of the City and any officer or employee of the City.

Discretionary Approvals do not include Ministerial Approvals.

1.19 “Effective Date” has the meaning set forth in Section 9.1, below.

1.20 “Estoppel Certificate” has the meaning set forth in Section 15.6, below.

1.21 “Event of Monetary Default” has the meaning set forth in Section 11.2, below.
4 10.D.d
Packet Pg. 963 Attachment: SMP Cinemas Development Agreement - Council Mtg 4-22-14 (5685 : Dissolution of Santa Monica Place Movie Theater

1.22 “Event of Non-Monetary Default” has the meaning set forth in Section

11.3.1, below.

1.23 “Excusable Delays” has the meaning set forth in Section 15.8.1, below.

1.24 “Existing Regulations” has the meaning set forth in Section 5.1.1(a), below.

1.25 “Extension Notice Date” has the meaning set forth in Section 3.3, below.

1.26 “Floor Area” has the meaning set forth in Section 2.8(a), below.

1.27 “Floor Area Ratio” and FAR” means floor area ratio as defined in Section 9.04.02.030.320 of the Zoning Ordinance.

1.28 “Hearing Notice” has the meaning set forth in Section 11.4.2(a), below.

1.29 “Including” means “including, but not limited to.”

1.30 “LEED® Rating System” means the Leadership in Energy and Environmental Design (LEED®) for Commercial Interiors Rating System adopted by the U.S. Green Building Council and implemented by the Green Building Certification Institute in effect at the time of ARB submittal. In the event no such system exists at the time Developer submits for ARB approval, an alternative green building rating system may be selected by the Developer subject to approval by the City.

1.31 “Legal Action” means any action in law or equity.

1.31 “Lounge Area” has the meaning set forth in Section 2.2, below.

1.32 “Major Modification” has the meaning set forth in Section 2.5.3, below.

1.33 “Ministerial Approvals” mean any action which merely requires the City (including any board, commission, or department of the City and any officer or employee of the City), in the process of approving or disapproving a permit or other entitlement, to determine whether there has been compliance with applicable statutes, ordinances, regulations, or conditions of approval.

1.34 “Minor Modifications” has the meaning set forth in Section 2.5.2, below.

1.35 “MND” has the meaning set forth in Recital G.

1.36 “Mortgage” has the meaning set forth in Section 12.1, below.

1.37 “Notice of Breach” has the meaning set forth in Section 11.1.1.

1.38 “Other Public Presentations” has the meaning set forth the meaning set forth in Section 2.6.1, below.
5 10.D.d
Packet Pg. 964 Attachment: SMP Cinemas Development Agreement - Council Mtg 4-22-14 (5685 : Dissolution of Santa Monica Place Movie Theater

1.39 “Outside Project Permit Issuance Date” has the meaning set forth in Section 3.3, below.

1.40 “Parking Garage No. 8” means the parking structure located at the northeast corner of 2nd St. and Colorado Avenue.

1.41 “Parties” mean both the City and Developer and “Party” means either the City or Developer, as applicable.

1.42 “Periodic Review” has the meaning set forth is Section 10.1, below.

1.43 “Planning Director” means the Planning Director of the City of Santa Monica, or his or her designee.

1.44 “Project” means the development project described herein and reflected on the Project Plans.

1.45 “Project Plans” mean the plans for the Project that are attached to this Agreement as Exhibit “B.”

1.46 “Property” has the meaning set forth in Recital B.

1.47 “Property Transferee” has the meaning set forth in Section 13.1.2 below.

1.48 “Request for Notice” has the meaning set forth in Section 12.1.3(a) below.

1.49 “Secured Lender” has the meaning set forth in Section 12.1, below.

1.50 “Secured Lender’s Cure Period” has the meaning set forth in Section

12.1.3(b), below.

1.51 “SMMC” means the Santa Monica Municipal Code.

1.52 “Subsequent Code Changes” has the meaning set forth in Section 5.2.1, below.

1.53 “Technical City Permits” has the meaning set forth in Section 7.1.1, below.

1.54 “Technical Codes” has the meaning set forth in Section 7.3.2(d), below.

1.55 “Technical Permit Applications” has the meaning set forth in Section

7.1.2, below.

1.56 “Term” has the meaning set forth in Section 9.2.1. 6 10.D.d
Packet Pg. 965 Attachment: SMP Cinemas Development Agreement - Council Mtg 4-22-14 (5685 : Dissolution of Santa Monica Place Movie Theater

1.57 “Termination Certificate” has the meaning set forth in Section 9.2.2, below.

1.58 “Theater” has the meaning set forth in Section 2.2, below.

1.59 “Theater Operator” means the operator of the Theater.

1.60 “Vested Rights” has the meaning set forth in Section 2.5.5, below.

1.61 “Zoning Ordinance” means the City of Santa Monica Comprehensive Land Use and Zoning Ordinance (Chapter 9.04 of the SMMC), and any applicable Interim Zoning Ordinance, as the same are in effect on the Effective Date, is set forth in its entirety as part of Exhibit “E” (Planning and Zoning).

ARTICLE 2

DESCRIPTION OF THE PROJECT

2.1 General Description. The Project includes all aspects of the proposed development of the Property as more particularly described in this Agreement and on the Project Plans. If there is a conflict or inconsistency between the text of this Agreement and the Project Plans, the Project Plans shall prevail; provided, however, that omissions from the Project Plans shall not constitute a conflict or inconsistency with the text of this Agreement.

2.2 Principal Components of the Project. The Project consists of the following principal components, as well as the other components delineated in the Project Plans, all of which are hereby approved by the City subject to the other provisions of this Agreement: The conversion of approximately 50,000 square feet of existing entitled but vacant retail space on the 3rd level of the Bloomingdale’s building located on the Property into a multi-screen movie theater complex with up to thirteen (13) screens, up to 1500 seats (including stadium style seating), related ticketing, lobby and concession space (collectively, the “Theater”). No additional floor area will be added. The Project may also include bar/café/retail space and/or a lounge area (“Lounge Area”), each with food and beverage service, including alcoholic beverages. Figure 11B of the Project Plans illustrates the conceptual layout of the Project with the Lounge Area. Alternatively, the Lounge Area could be used for additional Theater space or Theater concession areas, depending upon the needs of the Theater Operator. Figure 11A of the Project Plans illustrates the conceptual layout of the Project without the Lounge Area. To accommodate the Theater, the existing roof of the Bloomingdale’s building will be raised by up to approximately 36 feet, from a current height of 48 feet, to up to approximately 84 feet above existing grade. Subject to certain conditions set forth in Section B of Exhibit “D”, the Project may include two (2) rooftop satellite dish antennas, which may both receive (i.e., downlink) and transmit (i.e., uplink) and which may exceed the height of the roof by an additional six (6) feet.
7 10.D.d
Packet Pg. 966 Attachment: SMP Cinemas Development Agreement - Council Mtg 4-22-14 (5685 : Dissolution of Santa Monica Place Movie Theater

2.3 No Change to Gross Leasable Floor Area of Santa Monica Place. The Project will maintain the total gross leasable Floor Area and Floor Area Ratio entitled for Santa Monica Place in accordance with Administrative Approval 07-AA-005, dated September 26, 2007.

2.4 No Obligation to Develop.

2.4.1 Except as specifically provided herein:
(a) Nothing in this Agreement shall be construed to
require Developer to proceed with the construction of the Project or any portion thereof.
(b) The decision to proceed or to forbear or delay in
proceeding with construction of the Project or any portion thereof shall be in Developer’s sole discretion.
(c) Failure by Developer to proceed with construction
of the Project or any portion thereof shall not give rise to any liability, claim for damages or cause of action against Developer, except as may arise pursuant to a nuisance abatement proceeding under SMMC Chapter 8.96, or any successor legislation.

2.4.2 Failure by Developer to proceed with construction of the Project or any portion thereof shall not result in any loss or diminution of development rights, except upon expiration or termination of this Agreement.

2.4.3 Notwithstanding any provision of Section 2.4 to the contrary, Developer shall be required to implement all mitigation measures and conditions of approval required under this Agreement in accordance with Exhibit “D”. If Developer has proceeded with the construction of the Project, the mitigation measures and conditions of approval in Exhibit “D” shall survive termination of this Agreement (except as otherwise expressly limited in this Agreement), and notice of the mitigation measures and conditions shall be recorded separately from and concurrently with this Agreement.

2.5 Vested Rights.

2.5.1 Approval of Project Plans. The City hereby approves the Project Plans. The City shall maintain a complete copy of the Project Plans, stamped “Approved” by the City, in the Office of the City Clerk, and Developer shall maintain a complete copy of the Project Plans, stamped “Approved” by the City, in its offices or at the Project site. The Project Plans to be maintained by the City and Developer shall be in a half-size set. Further detailed plans for the construction of the Project and improvements, including, without limitation, structural plans and working drawings shall be prepared by Developer subsequent to the Effective Date based upon the Project Plans. 8 10.D.d
Packet Pg. 967 Attachment: SMP Cinemas Development Agreement - Council Mtg 4-22-14 (5685 : Dissolution of Santa Monica Place Movie Theater

2.5.2 Minor Modifications to Project. Developer, with the approval of the Planning Director, may make minor changes to the Project or Project Plans (“Minor Modifications”) without amending this Agreement; provided that the Planning Director makes the following specific findings that the Minor Modifications: (i) are consistent with the Project’s approvals as approved by the City Council; (ii) are consistent with the provisions, purposes and goals of this Agreement; (iii) are not detrimental to the public health, safety, convenience or general welfare; and (iv) will not significantly and adversely affect the public benefits associated with the Project. The Planning Director shall notify the Planning Commission in writing of any Minor Modifications approved pursuant to this Section 2.5.2. City agrees that the installation on the roof of any antennas (including satellite dish antennas), which may receive (i.e., downlink) and/or transmit (i.e., uplink), any equipment, or any other theater-related items, that the Planning Director determines in the exercise of reasonable discretion: (a) are reasonably necessary for the operation of the Theater, (b) reasonably must extend more than 84 feet above existing grade and to their proposed height, and (c) are not otherwise allowed as exceptions to, or exceed the height exceptions of, Building Height pursuant to Zoning Ordinance Section

9.04.10.02.030, may be processed as Minor Modifications. Any proposed change which the Planning Director denies as not qualifying for a Minor Modification based on the above findings must be processed as a Major Modification.

2.5.3 Modifications Requiring Amendment to this Agreement.

Developer shall not make any “Major Modifications” (defined below) to the Project without first amending this Agreement to permit such Major Modifications. A “Major Modification” means the following:
(a) Any change in use not consistent with the
permitted uses defined in Section 2.6, below;
(b) Any increase in the number of Theater seats
above 1500 or any decrease in the number of Theater seats below 800; (c) Any change in the number of Theater auditoriums
below ten (10) or above thirteen (13).
(d) Any variation in the design, massing or building
configuration, including but not limited to, Floor Area and the Project’s Building Height (except as permitted as a Minor Modification pursuant to Section 2.5.2), that renders such aspects out of substantial compliance with the Project Plans after ARB approval; and
(e) Any change that would substantially reduce or
alter the community benefits as set forth in Section 2.7.

If a proposed modification does not exceed the Major Modification thresholds established above, then the proposed modification may be reviewed in accordance with Section 2.5.2.
9 10.D.d
Packet Pg. 968 Attachment: SMP Cinemas Development Agreement - Council Mtg 4-22-14 (5685 : Dissolution of Santa Monica Place Movie Theater

2.5.4 City Consent to Modification. The Planning Director shall not unreasonably withhold, condition, or delay his or her approval of a request for such Minor Modification. The City may impose fees, exactions, conditions, and mitigation measures in connection with its approval of a Minor or Major Modification, subject to any applicable law. Notwithstanding anything to the contrary herein or in the Existing Regulations, if the Planning Director approves a Minor Modification or if the City approves a Major Modification (and the corresponding amendment to this Agreement for such Major Modification), as the case may be, Developer shall not be required to obtain any other Discretionary Approvals for such modification, except for ARB approval, in the case of certain Major Modifications. Notwithstanding anything to the contrary contained herein, the Developer’s election to construct the Theater with the Lounge Area as depicted in Figure 11B of the Project Plans or construct the Theater without the Lounge Area in accordance with Figure A of the Project shall not require City’s consent or approval, other than ARB approval (if required) and the City’s normal ministerial building permit requirements.

2.5.5 Right to Develop. Subject to the provisions of Section 3.3, below, during the Term (as defined in Section 9.2, below) of this Development Agreement, Developer shall have the vested rights (the “Vested Rights”) to (a) develop and construct the Project in accordance with the following: (i) the Project Plans (as the same may be modified from time to time in accordance with this Agreement); (ii) any Minor Modifications approved in accordance with Section 2.5.2; (iii) any Major Modifications which are approved pursuant to Section 2.5.3; and (iv) the requirements and obligations of Developer related to the improvements which are specifically set forth in this Agreement, and (b) use and occupy the Project for the permitted uses set forth in Section 2.6. Except for any required approvals from the ARB pursuant to Section 6.1 of this Agreement, the City shall have no further discretion over the elements of the Project which have been delineated in the Project Plans (as the same may be modified from time to time in accordance with this Agreement).

2.6 Permitted Uses.

2.6.1 Permitted Uses. The City approves the following permitted uses for the Project: (a) a movie theater and entertainment center with stadium seating for the presentation of movies and films, live and pre-recorded telecasts, closed circuit, satellite or other televised or syndicated broadcasts (whether live or via delayed feed or other technological means), and other audio-visual presentations (such as, but not limited to, sports, music, concerts, opera and comedy), that, in all cases, may be in large screen and/or 3D format and such other formats as may evolve in the industry; (b) in-theater dining and/or beverage service (including, subject to compliance with all laws, the sale of alcoholic beverages); (c) the conducting of meetings and Other Public Presentations, as defined below (d) on-screen recreational interactive gaming; (e) various other forms of retail, restaurant, service and entertainment purposes supportive of the movie theater and entertainment center concepts (as all of the foregoing, including the movie theater and entertainment center concepts, may expand, change and/or evolve over time through technology or otherwise with the evolution of the entertainment industry); (f) ancillary uses, including (1) the retail sale of food, beverages and refreshments, including, subject 10 10.D.d
Packet Pg. 969 Attachment: SMP Cinemas Development Agreement - Council Mtg 4-22-14 (5685 : Dissolution of Santa Monica Place Movie Theater to compliance with all laws, alcoholic beverages, (2) the sale or rental (or both) of DVDs or other entertainment content delivery formats (or the technological evolution of the foregoing) relating to the movie and/or entertainment industry, (3) the sale of compact discs or other entertainment content delivery formats (or the technological evolution of the foregoing) relating to the movie and/or entertainment industry, books, magazines, toys and novelties related to the movie and/or entertainment industry, (4) the sale of other goods, wares, merchandise, services and amenities ancillary to the primary uses, (5) the delivery of ancillary services customarily found in first class movie theater facilities, including, but not limited to, the selling of tickets and other admissions, debit cards or memberships, the lending of silent pagers, assistive listening devices, closed captioning devices or other devices intended to heighten the enjoyment of patrons, and other similar concierge-type services, whether complimentary or for a fee; and (6) the operation of not more than seven (7) games and other amusement devices (electronic or otherwise) typically found in theaters comparable to the theaters. Developer will not show pornographic movies (i.e., those in violation of laws) or those movies typically shown in a so-called “adult movie theater,” as such term is commonly understood as of the Effective Date; and (g) the logical evolution (whether technological or otherwise) of any of the foregoing uses. As used herein, the term “Other Public Presentations” means the following types of public presentations and entertainment: (i) stage performances for sporting, industry, corporate and/or community events; (ii) rentals of auditoriums to third parties for meetings, political fund raisers, church services, birthday parties and other such activities; (iii) the presentation of film-related and non-film-related subject matter, including electronic, live, physical, and interactive audio and video exhibits, displays and devices; and (iv) conducting of movie-themed promotions.

2.6.2 Alcoholic Beverage Permits.
(a) In the event that the Developer or the Theater Operator desires to dispense for sale or other consideration, alcoholic beverages, including beer, wine, malt beverages, and distilled spirits for on-site consumption in the Theater or Lounge Area, a conditional use permit shall be required pursuant to SMMC Section

9.04.10.18, unless the Developer or Theater Operator complies with the terms and conditions in Section 2.6.2(b), below. Notwithstanding the foregoing, the Developer or the Theater Operator may apply for a conditional use permit pursuant to SMMC Section

9.04.10.18 in order to sell alcoholic beverages for on-site consumption on terms other than those set forth in Section 2.6.2 (b), below.
(b) The sale of alcoholic beverages including beer, wine, malt beverages, and distilled spirits incidental to the operation of the Theater, including within the Theater and associated Lounge Area, shall be exempt from the provisions of SMMC Section 9.04.10.18 if the operator thereof submits a written agreement to the Planning Director agreeing to comply with the terms and conditions set forth in Exhibit “J “, and the Developer shall cause the applicable lease to contain a clause that requires the tenant to comply with such terms and conditions. Notice of these conditions shall be recorded separately from and concurrently with this Agreement.
11 10.D.d
Packet Pg. 970 Attachment: SMP Cinemas Development Agreement - Council Mtg 4-22-14 (5685 : Dissolution of Santa Monica Place Movie Theater (c) A conditional use permit pursuant to SMMC Section

9.04.10.18 shall be required for any proposed use in the Project that (1) includes the service or sale of alcoholic beverages, and (2) does not comply with the conditions set forth in Exhibit “J”. Notwithstanding the foregoing, no conditional use permit shall be required for catered events for which permits then required for such events are obtained.

This Section 2.6.2 shall survive the expiration of the Term of this Agreement and shall remain binding on Developer, its successors and assigns, and shall continue in effect for the life of the Project.

2.7 Project and Community Benefits. The Project will provide the following project and community benefits:

2.7.1 Concurrently with the execution of this Agreement, Developer shall make a $20,820 contribution to reimburse the City for Developer’s share of design costs for improvements to the Esplanade that extend beyond the City’s right of way on Colorado Avenue onto the Property.

2.7.2 Developer shall install the portion of the Esplanade that extends onto the Property (“Work”). Developer shall complete the Work in accordance with Exhibit “G-1” and Exhibit “G-2” and the City’s approved final plans (to be provided to Developer when complete). Developer shall coordinate the Work with the City contractor’s work in the right of way to meet the City’s overall schedule for completion of the Esplanade in the right of way and have the Work completed before the opening of the Expo Light Rail Project. Developer shall construct the Work so that there is a seamless transition to the City’s work in the right of way. For example, where a paver or decking board straddles the property line between the right of way and the Property, Developer shall completely replace the board or paver spanning onto the City’s right of way. If necessary, Developer shall provide temporary transitions to the Property if the grades of the Esplanade work in the right of way do not meet the grades of existing improvements on the Property. Prior to commencing any Work in the right of way, Developer shall obtain a right of entry permit to enter upon and complete the Work in the right-of-way.

2.7.3 Concurrently with execution of this Agreement, the Developer shall make a $120,000 contribution to the City for improvements to the Esplanade in the City’s right of way on Colorado Avenue.

2.7.4 On or before the issuance of a building permit for the Project, the Developer shall make a $100,000 contribution to the City for its Downtown Wayfinding Metro Grant project that will coordinate wayfinding design between Santa Monica Place, Metro, Big Blue Bus and Downtown Santa Monica, Inc. Developer shall also install wayfinding signs in Santa Monica Place to direct members of the public to areas outside Santa Monica Place, including Santa Monica Pier and the 3rd Street Promenade, at a cost not to exceed $50,000 and within thirty (30) days of City's issuance of a temporary certificate of occupancy for the Project. 2.7.5 The Developer shall cause the Theater Operator to make up to three (3) movie screens available to the 12 10.D.d
Packet Pg. 971 Attachment: SMP Cinemas Development Agreement - Council Mtg 4-22-14 (5685 : Dissolution of Santa Monica Place Movie Theater American Film Market (“AFM”) during AFM’s annual film festival to screen movies featured in this festival, subject to Theater Operator’s customary terms and conditions for such use, including payment and executing a license agreement satisfactory to Theater Operator.

2.7.6 To promote pedestrian circulation in Santa Monica Place, the Developer shall provide information regarding, and/or a kiosk for, the sale of movie theaters tickets on the ground level of Santa Monica Place.

2.7.7 Local Hiring. A local hiring program shall be implemented within the Project in accordance with Exhibits “F-1” and “F-2”. In connection with the local hiring program, Developer shall conduct at least one on-site job fair targeted towards recruitment of local resident candidates for employment providing services to the Theater, including the Lounge Area, if any, at least fourteen (14) days before recruitment is opened up to general circulation for the initial hiring by the Theater Operator. This onsite job fair shall be promoted locally in the same manner as is specified in Exhibit F-2.

Furthermore, at least sixty (60) days before recruitment is opened up to general circulation for the initial hiring by the Theater Operator, Developer shall prepare and submit to the City’s Planning Director for review and approval a written local hiring program consistent with the obligations under this Agreement. The approved local hiring plan may be amended from time to time thereafter, subject to the Planning Director’s review and approval. The satisfactory completion of any local hiring obligations under this Section 2.7.6 by the Theater Operator shall be deemed to satisfy the Developer’s obligations under this Section 2.7.6, as if performed by Developer.

2.7.8 Transportation Demand Management. Developer shall adopt and implement the following Transportation Demand Management Plan (“TDM Plan”) for the Project:
(a) AVR Standards. Developer shall achieve an average
vehicle ridership (“AVR”) of 2.0 for the Project, commencing from one year after the earlier of City’s issuance of a temporary certificate of occupancy for the Project or opening of the Theater to the public; provided, however, that if the Exposition Light Rail Line is not then fully operational, then the AVR target shall be 1.75 until the Fourth Street Station for the Exposition Light Rail Line is fully operational. SMMC Chapter

9.16 shall govern how the AVR is calculated, except that notwithstanding SMMC Section

9.16.070(d)(4)((B), a Zero Emission Vehicle (“ZEV”) shall be counted as a vehicle for purposes of calculating the AVR. Developer will determine its AVR through employee surveys over five consecutive days each calendar year beginning the first year the Theater opens for business. Developer shall submit such baseline survey to the City at the time of submittal of its annual compliance report for this Agreement. The City shall monitor the TDM Plan performance as part of the City’s Periodic Review for the Project. If during any annual evaluation of the Project’s employee trip reduction plan, the AVR requirement has not been achieved for the Project, then Developer shall propose modifications to the TDM Plan that Developer considers likely to achieve the AVR requirement by the date of the next annual evaluation of the Project’s employee trip reduction plan. In addition, the City’s Planning Director may recommend feasible 13 10.D.d
Packet Pg. 972 Attachment: SMP Cinemas Development Agreement - Council Mtg 4-22-14 (5685 : Dissolution of Santa Monica Place Movie Theater modifications to the TDM Plan, including, without limitation, that Developer shall make available to all employees providing on-site services to the Theater, including the Lounge Area on a continuing basis a Metro EZ public transit pass (or equivalent multi-agency monthly transit pass) at a subsidized rate of no less than 50% of the cost of the transit pass. Failure to achieve the AVR standards as provided in this Section will not constitute a Default within the meaning of the Agreement, so long as Developer is in compliance with the TDM Plan. The satisfactory completion of any TDM obligations under this subparagraph (a) by the Theater Operator shall be deemed to satisfy the Developer’s obligations as if performed by Developer.

For purposes of determining AVR, the survey must be conducted and AVR calculated in accordance with SMMC 9.16.070(d)(2)(1), except to the extent modified by this Agreement below:

The survey must be taken over five consecutive days
during which the majority of employees are scheduled to arrive at or leave the worksite. The days chosen cannot contain a holiday and cannot occur during ‘Rideshare
Week’ or other ‘event’ weeks (i.e., Bicycle Week, Walk to Work Week, Transit Week, etc.). This survey must have a minimum response rate of seventy-five percent of
employees who report to or leave work between six a.m.
and ten a.m., inclusive, and seventy-five percent of
employees who report to or leave work between three p.m. and seven p.m., inclusive. Employers that achieve a ninety percent or better survey response rate for the a.m. or p.m. window may count the ‘no-survey responses’ as ‘other’
when calculating their AVR . . .
* * *
The procedure for calculating AVR at a worksite shall be as follows:
(A) The AVR calculation shall be based on data
obtained from an employee survey as defined in SMMC
Section 9.16.070(d)(2).
(B) AVR shall be calculated by dividing the
number of employees who report to or leave the worksite by the number of vehicles arriving at or leaving the
worksite during the peak periods. All employees who
report to or leave the worksite that are not accounted for by the employee survey shall be calculated as one employee per vehicle arriving at or leaving the worksite. Employees walking, bicycling, telecommuting, using public transit, or on their day off under a recognized compressed work week 14 10.D.d
Packet Pg. 973 Attachment: SMP Cinemas Development Agreement - Council Mtg 4-22-14 (5685 : Dissolution of Santa Monica Place Movie Theater schedule shall be counted as employees arriving at or
leaving the worksite without vehicles. Motorcycles shall be counted as vehicles.
(C) A child or student may be calculated in the
AVR as an additional passenger in the carpool/vanpool if the child or student travels in the car/van to a worksite or school/childcare facility for the majority (at least fifty-one percent) of the total commute.
(D) If two or more employees from different
employers commute in the same vehicle, each employer
must account for a proportional share of the vehicle
consistent with the number of employees that employer has in the vehicle.
(E) Any employee dropped off at a worksite
shall count as arriving in a carpool only if the driver of the carpool is continuing on to his/her worksite.
(F) Any employee telecommuting at home, offsite, or at a telecommuting center for a full work day, eliminating the trip to work or reducing the total travel distance by at least fifty-one percent shall be calculated as if the employee arrived at the worksite in no vehicle.

Furthermore, the definition of AVR contained in SMMC Section 9.16.030, as written on the Effective Date, shall govern how AVR is calculated. That definition reads, as follows:
“The total number of employees who report to or leave the worksite or another job-related activity during the peak periods, divided by the number of vehicles driven by these employees over that five-day period. The AVR calculation requires that the fiveday period must represent the five days during which the majority of employees are scheduled to arrive at the worksite. The hours and days chosen must be consecutive. The averaging period cannot contain a holiday and shall represent a normal situation so that a projection of the average vehicle ridership during the year is obtained.” (b) TDM Plan Program Elements. The specific program
elements of the TDM program for the Project are as follows:
(i) Transportation Demand Management
Association. Developer shall be required to participate in the establishment of a geographic-based Transportation Demand Management Association (TMA) that may be defined by the City. TMAs provide employees, businesses and visitors of an area with resources to increase the amount of trips taken by transit, walking, bicycling, and ridesharing. If the City adopts a requirement that a TMA be formed for this geographic area, Developer shall attend organizational meetings and provide traffic demand data to 15 10.D.d
Packet Pg. 974 Attachment: SMP Cinemas Development Agreement - Council Mtg 4-22-14 (5685 : Dissolution of Santa Monica Place Movie Theater the TMA. Developer shall require the Theater Operator to participate as members in the TMA and ensure that all leases and operating agreements for the Project contain this same provision. The Developer and Theater Operator shall actively participate in the ongoing activities of any such TMA. Developer may elect to provide some or all of the services required by this subparagraph (i) through the TMA, in consultation with the City’s Transportation Demand Program manager
(ii) Employee Transportation Coordinator. An
Employee Transportation Coordinator (ETC) shall be designated for this Project by Developer. The ETC may be an employee of Theater Operator. The ETC shall manage all aspects of this TDM program and participate in the local TMA that may be established by the City, City-sponsored workshops and information roundtables. The ETC shall be responsible for actively encouraging and making available informational materials on options for alternative transportation modes and opportunities. The ETC shall contact each employee at the point of hire and at least once per year thereafter with an offer of personalized commute assistance, including, but not limited to: (a) making available to each new employee a Metro EZ public transit pass (or equivalent multi-agency monthly transit pass) valid every day for the first three months of the new employee’s employment (offered during the first three months of employment only) to establish on-going ridership habits (see subsection 2.7.7.1(b)(vi) below), (b) providing guidance on routes to use, (c) providing information concerning light rail transit, (d) providing information about carpool and vanpool formation, (e) providing information concerning bus routes, and (f) facilitating a discussion of any other transit-related benefits that may be available. The ETC shall also promote non-drive-alone options to employees by providing onsite information, including a newsletter, at least two events per year (e.g., Rideshare Week and Bike Week) and occasional marketing activities such as contests and raffles. The ETC shall coordinate with nearby employers to facilitate more effective carpool/vanpool matching, events and promotions. In addition, transit fare media will be made available for purchase through the ETC to employees during typical business hours. Employee Transportation Coordinator services may be provided through the TMA contemplated in subsection 2.7.7(b)(i), above. The ETC shall be available to assist Project employees by (a) providing guidance on routes to use, (b) providing information related to light rail transit, (c) providing information related to bus routes, and (d) facilitating a discussion of any other transit-related benefits that may be available. (iii) Transportation Information Center.

Developer shall ensure that information is available on-site for on-site employees of Theater Operator about local public transit services (including bus lines, light rail lines, bus fare programs, ride share programs and shuttles) and bicycle facilities (including routes, rental and sales locations, on-site bicycle racks and showers.) Developer shall further ensure that the Theater Operator also makes information available to Theater patrons about transit and light rail opportunities, carshare, rideshare, shopping locally, and bike and walking routes, by posting a link to a City-maintained website containing such information on the Theater Operator’s website. Developer shall further ensure the Theater Operator also makes walking and biking maps (produced and provided by the City or City’s designee at no cost to Developer or Theater Operator) available for 16 10.D.d
Packet Pg. 975 Attachment: SMP Cinemas Development Agreement - Council Mtg 4-22-14 (5685 : Dissolution of Santa Monica Place Movie Theater employees, which shall include but not be limited to information about convenient public transit stops, local services, and restaurants within walking distance of the Project. (iv) Rideshare Matching Service. Developer
shall provide information to all Project employees regarding a rideshare matching service at least once per year to assist employees in finding carpool/vanpool opportunities (i.e., through a service such as RideMatch (www.ridematch.info)) and/or require the Theater Operator and Project tenants to participate in Metro’s CommuteSmart.info website.

Rideshare matching services may be provided through the TMA contemplated in subsection 2.7.7(b)(i), above.
(vi) Transit Subsidies for Project Employees.

Developer shall cause Theater Operator to provide, on an on-going basis, a twenty-five percent (25%) reimbursement of the cost of one monthly public transit pass, up to a maximum of twenty-five percent (25%) of the cost of a monthly Metro EZ public transit pass, to each Project employee of Theater Operator who provides proof of purchase of such pass, but only for so long as the employee remains employed by Theater Operator at the Project; provided, however, that Theater Operator may opt out of this requirement if the AVR standards in Section 2.7.8(a) above are being met. (vii) Changes to TDM Program. Subject to
approval by the City’s Planning Director, the Developer may modify this TDM program provided the TDM program, as modified, can be demonstrated as equal or superior in its effectiveness at mitigating the traffic-generating effects of this Project. Any of the modifications to the TDM program proposed by Developer (or proposed by the Planning Director and agreed to by the Developer) to help the Project achieve the applicable AVR standard shall be subject to the reasonable approval by the City’s Planning Director as a Minor Modification.
(c) Annual Report. As part of the annual compliance
review described in Article 10, below, Developer shall report to the City on the status of the TDM program implementation, usage and results.
(d) New TDM Ordinance. If the City adopts a new
ordinance of general application that updates or replaces Chapter 9.16 of the SMMC and that applies to the geographic area in which the Property is located (“New TDM Ordinance”), then, subject to the Planning Director’s approval in his or her sole and absolute discretion, Developer may elect to comply with the New TDM Ordinance in lieu of complying with the TDM Plan outlined in this Agreement.

2.7.9 Sustainable Design Features. Developer shall design the Project so that, at a minimum, the Project shall achieve LEED® “Gold” certification by the Green Building Certification Institute under the LEED® Rating System (the “Sustainable Design Status”). Developer shall confirm to the City that the design for the Project has achieved the Sustainable Design Status in accordance with the following requirements:
17 10.D.d
Packet Pg. 976 Attachment: SMP Cinemas Development Agreement - Council Mtg 4-22-14 (5685 : Dissolution of Santa Monica Place Movie Theater (a) Prior to the submission of plans and documents to
the City for Architectural Review Board review for the Project, the Developer shall submit for review by the City a preliminary checklist of anticipated LEED® credits along with a narrative describing the project’s sustainable features to demonstrate that the Project is likely to achieve the Sustainable Design Status. (b) Prior to submittal of the plan check application for the Project, Developer shall:
(i) Submit for review by the City an updated
checklist of anticipated LEED® credits along with a narrative describing the project’s sustainable features to demonstrate that the Project is likely to achieve the Sustainable Design Status.
(ii) Retain the services of a third party,
independent individual designated to organize, lead, and review the completion of the process of verifying and documenting that a building and all of its systems and assemblies are planned, designed, installed, and tested to meet the Project’s requirements (the “Commissioning Authority”).
(iii) Submit a Commissioning Plan which
includes the elements specified in California Code of Regulations Title 24, Part 11, Section 5.410.2.3.
(c) Prior to issuance of a final Certificate of Occupancy for the Project (but not a prerequisite to issuance of a temporary Certificate of Occupancy to allow the Project to open for business), the City shall verify (which verification shall not be unreasonably withheld, conditioned or delayed) that the Developer has submitted an application to the Green Building Certification Institute for LEED® “Gold” certification. Provided such application has been received by the Green Building Certification Institute and is being processed, the Final Certificate of Occupancy for the Project shall not be withheld or delayed based on the failure to receive certification of the Sustainable Design Status.
(d) After the City’s issuance of a final Certificate of Occupancy for the Project and after Developer has opened the Project or any portions thereof to the public, Developer shall be obligated to diligently pursue a determination from the Green Building Certification Institute on such application. (e) If the Project is ultimately denied certification for the Sustainable Design Status by the Green Building Certification Institute and the Developer has exhausted all administrative remedies and appeals of that denial, then the Developer shall be subject to a fine in the amount of two dollars ($2.00) per square foot of Floor Area. This fine may be waived if the City at its sole discretion determines that the Developer made a good faith effort to achieve and meet the intent of the Sustainable Design Status. Alternatively, the fine may be waived if the Developer commits to pursuing all necessary steps for the Project to achieve certification to the “Gold” level 18 10.D.d
Packet Pg. 977 Attachment: SMP Cinemas Development Agreement - Council Mtg 4-22-14 (5685 : Dissolution of Santa Monica Place Movie Theater under the LEED ® Existing Projects Operations and Maintenance (LEED EBOM) rating system no later than 3 years after the Certificate of Occupancy was issued for the Project.

If the Developer fails to obtain this certification within this time period, the fine shall be reimposed and immediately payable to City.

2.7.10 Renewable Energy. In order to maximize renewable energy opportunities for this Project, Developer shall install photovoltaic panels on the Project’s roof in accordance with the roof solar plan included in the Project Plans; provided however, the City's Office of Sustainability and the Environment shall verify that, to the extent technically feasible, the maximum area of the roof is utilized for such panels.

Developer shall add additional photovoltaic panels beyond those shown on the roof solar plan if the City's Office of Sustainability and the Environment determines that such additional panels are technically feasible, taking into account such factors as shading, spacing, and the need to locate other equipment on the rooftop. Areas of the roof available and appropriate for solar systems placement shall exclude any areas (a) necessary or required for rooftop equipment, (b) any roof areas reasonably necessary for building or equipment maintenance, Fire Department access, and/or other applicable code, legally-mandated or otherwise reasonably necessary access and/or clearances, or (c) in which solar installations would interfere with Theater Operator’s use or operation of any satellite dishes (or any transmission or reception operations thereof) or impair Theater Operator’s use or quiet enjoyment of the Project for the permitted uses set forth herein. Such panels shall not be counted in the determination of the maximum height of the Project.

2.7.11 SMURF Connection. On or before the issuance of a certificate of occupancy for the Project, Developer shall install a water connection on the Property to enable the City’s use of SMURF water for pressure washers on the Esplanade.

2.7.12 Close Captioning. Each theater shall have close captioning capability.

2.7.13 Community Use of Theaters. Developer shall cause Theater Operator to make theater auditoriums available to community groups during offpeak days and hours (as reasonably determined by Theater Operator), at commercially reasonable rental rates, and subject to reasonable use terms, rules and restrictions, all as determined and established by Theater Operator in its sole discretion.

2.8 Design.
(a) Floor Area. “Floor Area” shall have the meaning set forth in Section

9.04.02.030.315 of the Zoning Ordinance, which is in effect on the Effective Date. (b) Project Building Height. The maximum Building Height of the Bloomingdale’s building on the Property shall be as set forth on the Project Plans, and in no event in excess of 78 feet Building Height for 50% of the roof area and 84 feet 19 10.D.d
Packet Pg. 978 Attachment: SMP Cinemas Development Agreement - Council Mtg 4-22-14 (5685 : Dissolution of Santa Monica Place Movie Theater Building Height for 50% of the roof area, exclusive of the permitted projections set forth in the next paragraph.
(c) Permitted Projections. Projections, including the photovoltaic panels, satellite dish antennas, and rooftop equipment, shall be permitted as reflected on the Project Plans, subject to any conditions set forth in Section B of Exhibit “D”. (d) Signage. All signs on the Property shall be subject to Chapter 9.52 of the SMMC (Santa Monica Sign Code) in effect as of the Effective Date, a copy of which is set forth in its entirety in Exhibit “E”; provided, however, the Project may maintain exterior signage at the third level. Directional signs for vehicles shall be located at approaches to driveways as required by the City’s Strategic Transportation Planning Division. The location, size, materials, and color of any signage shall be reviewed by the ARB (or the Planning Commission on appeal) in accordance with the procedures set forth in Section 6.1 of this Agreement.
(e) Parking. As the Project is located in an existing shopping center with adequate parking, no additional parking is required for the Project.

ARTICLE 3

CONSTRUCTION

3.1 Construction Mitigation Plan. During the construction phase of the Project, Developer shall comply with the Construction Mitigation Plan attached as Exhibit “H” hereto.

3.2 Construction Hours. Developer shall be permitted to perform construction between the hours of 7:00 a.m. to 12:00 a.m., subject to the conditions set forth in Exhibit “D”. Monday through Friday, and 9:00 a.m. to 5:00 p.m. Saturday; provided that interior construction work which does not generate noise of more than thirty (30) decibels beyond the Property line may also be performed between the hours of 7:00 a.m. to 8:00 a.m. and 6:00 p.m. to 7:00 p.m. Monday through Friday, and 8:00 a.m. to 9:00 a.m. and 5:00 p.m. to 6:00 p.m. Saturday. Notwithstanding the foregoing, pursuant to SMMC Section 4.12.110(e), Developer has the right to seek a permit from the City authorizing construction activity during the times otherwise prohibited by this Section.

3.3 Outside Project Permit Issuance Date. If Developer has not been issued a building permit for the Project by the “Outside Project Permit Issuance Date” (defined below), then on the day after the Outside Project Permit Issuance Date, without any further action by either Party, this Agreement shall automatically terminate and be of no further force or effect. For purposes of clarity, if Developer has not been issued a building permit for the Project by the Outside Project Permit Issuance Date, the City shall not be required to pursue its remedies under Section 11.4 of this Agreement, and this Agreement shall, instead, automatically terminate. “Outside Project Permit Issuance Date” means the date that is the last day of the sixtieth (60th) full calendar month after the 20 10.D.d
Packet Pg. 979 Attachment: SMP Cinemas Development Agreement - Council Mtg 4-22-14 (5685 : Dissolution of Santa Monica Place Movie Theater Effective Date; provided that the Outside Project Permit Issuance Date may be extended by applicable Excusable Delays and otherwise in accordance with the remainder of this paragraph. If the approval by the ARB of the Project design does not occur within four (4) months of the submittal by Developer to the ARB of the Project design, then the Outside Project Permit Issuance Date shall be extended one month for each additional month greater than four that the final ARB approval is delayed. At any time after the last day of the fifty-seventh (57th) full calendar month after the Effective Date (the “Extension Notice Date”), Developer may deliver written notice to the Planning Director, requesting an extension of the Outside Project Permit Issuance Date for an additional twelve (12) months. The Outside Project Permit Issuance Date may be administratively extended not more than two (2) times for an additional twelve (12) months per extension. The Planning Director shall grant such extension if Developer can demonstrate substantial progress has been made towards obtaining a building permit and show reasonable cause why Developer will not be able to obtain the building permit for the Project by the initial Outside Project Permit Issuance Date and can demonstrate that:
(a) the condition of the Property will not adversely affect public health or safety; and (b) the continued delay will not create any unreasonable visual or physical detriment to the neighborhood.

Notwithstanding anything to the contrary in this Agreement, if Developer obtains building permits for the Project and, at any time after the Outside Project Permit Issuance Date, such building permits expire or are revoked pursuant to the applicable terms of the SMMC (as the same may be amended from time to time), then Developer may not subsequently apply for new building permits for the Project without first obtaining the prior written consent of the Planning Director, which may be granted or withheld in the Planning Director’s sole discretion.

3.4 Construction Period. Construction of the Project shall be subject to the provisions of SMMC Section 8.08.070.

3.5 Damage or Destruction. If the Project, or any part thereof, is damaged or destroyed during the term of this Agreement, Developer shall be entitled to reconstruct the Project in accordance with this Agreement if: (a) Developer obtains a building permit for this reconstruction prior to the expiration of this Agreement; and (b) the Project is found to be consistent with the City’s General Plan and any applicable Specific Plan in effect at the time of obtaining the building permit provided, however, that nothing in this Section 3.5 shall be deemed to impair such Developer's rights under the City's Zoning Ordinance, as it exists at the time, to reconstruct non-conforming buildings.

3.6 Construction Staging. Developer may use the upper level of Parking Garage No. 8 for construction staging; provided, however, that all construction staging areas shall be restored for public parking use prior to the opening of the Theater to the public.

3.7 . Use of Public Right-of-Way and Liquidated Damages Deposit. Developer shall coordinate with City to use the public rights of way adjacent to Santa Monica Place on Colorado Avenue and 4th Street during construction of the Project in a manner that 21 10.D.d
Packet Pg. 980 Attachment: SMP Cinemas Development Agreement - Council Mtg 4-22-14 (5685 : Dissolution of Santa Monica Place Movie Theater does not unreasonably interfere with the City’s installation of the Esplanade on Colorado Avenue.

Notwithstanding anything to the contrary herein, Developer acknowledges and agrees that the placement and/or use of Developer's or its contractor(s)' construction equipment and materials in the public right of way (collectively, "Developer's Construction Materials"), including, without limitation, a crane, after the City has issued a notice to proceed to its contractor to construct the Esplanade in the public right of way adjacent to the Santa Monica Place mall, will unreasonably interfere with the City's installation of the Esplanade on Colorado Avenue. Consequently, Developer shall deposit with the City a cashier's check, or equivalent liquid security acceptable to the City, in the amount of [$300,000] as a condition precedent to obtaining a building permit for the Project (“Cost Recovery Deposit”). The Cost Recovery Deposit will not earn interest and is intended to be used for the reimbursement of any delay and/or other compensable damages assessed against the City by the City's contractor due to the placement of the Developer's Construction Materials in the public right of way. Unused or unobligated portions of the Cost Recovery Deposit remaining at the time of completion of the City's Esplanade installation, if any, will be reimbursed to Developer upon completion of the City's project.

ARTICLE 4

PROJECT FEES, EXACTIONS, MITIGATION MEASURES

AND CONDITIONS

4.1 Fees, Exactions, Mitigation Measures and Conditions. Except as expressly set forth in Section 2.7 (relating to Community Benefits), Section 4.2 (relating to modifications), and Section 5.2 (relating to Subsequent Code Changes) below, the City shall charge and impose only those fees, exactions, mitigation measures, conditions, and standards of construction set forth in this Agreement, including Exhibits “C”, “D” and “I” attached hereto, and no others. If any of the mitigation measures or conditions set forth on Exhibit “D” is satisfied by others, Developer shall be deemed to have satisfied such measures or conditions. The City acknowledges and agrees that because the Project involves only the conversion of existing entitled retail space and not the construction of new Floor Area, the Project is not subject to the Childcare Linkage Program (SMMC Chapter 9.72), the Transportation Impact Fee (SMMC Chapter 9.73), or developer school fee (Government Code Section 65995) requirements. Notwithstanding anything in the Existing Regulations to the contrary, the Project’s cultural arts in lieu contribution (SMMC Section SMMC Section 9.04.10.20.120) shall be due and payable upon issuance of a building permit for the tenant improvements for the Theater Operator and not the building permit for the Project’s shell and core, electrical, mechanical, or plumbing.

4.2 Conditions on Modifications. The City may impose fees, exactions, mitigation measures and conditions in connection with its approval of Minor or Major Modifications, provided that all fees, exactions, mitigation measures and conditions shall be in accordance with any applicable law.
22 10.D.d
Packet Pg. 981 Attachment: SMP Cinemas Development Agreement - Council Mtg 4-22-14 (5685 : Dissolution of Santa Monica Place Movie Theater

4.3 Implementation of Mitigation Measures and Conditions of Approval.

4.3.1 Compliance with Mitigation Measures and Conditions of Approval. Developer shall be responsible for implementing the mitigation measures set forth in Section A of Exhibit “D” attached hereto, and Developer shall be responsible to adhere to the conditions of approval set forth in Section B of Exhibit “D” in accordance with the timelines established in Exhibit “D”.

4.3.2 Survival of Mitigation Measures and Conditions of Approval. If Developer proceeds with the construction of the Project, except as otherwise expressly limited in this Agreement, the obligations and requirements imposed by the mitigation measures and conditions of approval set forth in the attached Exhibit “D” shall survive the expiration of the Term of this Agreement and shall remain binding on Developer, its successors and assigns, and shall continue in effect for the life of the Project. Notice of the mitigation measures and conditions of approval shall be recorded by the City separately and concurrently with this Agreement.

ARTICLE 5

EFFECT OF AGREEMENT ON CITY LAWS AND REGULATIONS

5.1 Development Standards for the Property; Existing Regulations. The following development standards and restrictions set forth in this Section 5.1 govern the use and development of the Project and shall constitute the Existing Regulations, except as otherwise expressly required by this Agreement.

5.1.1 Defined Terms. The following terms shall have the meanings set forth below:
(a) “Existing Regulations” collectively means all of the following which are in force and effect as of the Effective Date: (i) the General Plan (including, without limitation, the LUCE); (ii) the Zoning Ordinance except as modified herein; (iii) the IZO; (iv) any and all ordinances, rules, regulations, standards, specifications and official policies of the City governing, regulating or affecting the demolition, grading, design, development, building, construction, occupancy or use of buildings and improvements or any exactions therefore, except as amended by this Agreement; and (v) the development standards and procedures in Article 2 of this Agreement.
(b) “Subsequent Code Changes” collectively means all of the following which are adopted or approved subsequent to the Effective Date, whether such adoption or approval is by the City Council, any department, division, office, board, commission or other agency of the City, by the people of the City through charter amendment, referendum, initiative or other ballot measure, or by any other method or procedure: (i) any amendments, revisions, additions or deletions to the Existing Regulations; or (ii) new codes, ordinances, rules, regulations, standards, specifications 23 10.D.d
Packet Pg. 982 Attachment: SMP Cinemas Development Agreement - Council Mtg 4-22-14 (5685 : Dissolution of Santa Monica Place Movie Theater and official policies of the City governing or affecting the grading, design, development, construction, occupancy or use of buildings or improvements or any exactions therefor. “Subsequent Code Changes” includes, without limitation, any amendments, revisions or additions to the Existing Regulations imposing or requiring the payment of any fee, special assessment or tax.

5.1.2 Existing Regulations Govern the Project. Except as provided in Section 5.2, development of the Projects and improvements that will comprise the Project, including without limitation, the development standards for the demolition, grading, design, development, construction, occupancy or use of such Projects and improvements, and any exactions therefor, shall be governed by the Existing Regulations. The City agrees that this Agreement is consistent with the General Plan, including the LUCE, as more fully described in the Recitals. Any provisions of the Existing Regulations inconsistent with the provisions of this Agreement, to the extent of such inconsistencies and not further, are hereby deemed modified to that extent necessary to effectuate the provisions of this Agreement. The Project shall be exempt from: (a) all Discretionary Approvals or review by the City or any agency or body thereof, other than the matters of architectural review by the ARB as specified in Section 6.1 and review of modifications to the Project as expressly set forth in Sections 2.5.2 and 2.5.3; (b) the application of any subsequent local development or building moratoria, development or building rationing systems or other restrictions on development which would adversely affect the rate, timing, or phasing of construction of the Project, whether adopted by the City Council or through the initiative process or otherwise; and (c) Subsequent Code Changes which are inconsistent with this Agreement.

5.2 Permitted Subsequent Code Changes.

5.2.1 Applicable Subsequent Code Changes. Notwithstanding the terms of Section 5.1, this Agreement shall not prevent the City from applying to the Project the following Subsequent Code Changes set forth below in this Section 5.2.1. (a) Processing fees and charges imposed by the City to cover the estimated actual costs to City of processing applications for development approvals including: (i) all application, permit, and processing fees incurred for the processing of this Agreement, any administrative approval of a Minor Modification, or any amendment of this Agreement in connection with a Major Modification; (ii) all building plan check and building inspection fees for work on the Property in effect at the time an application for a grading permit or building permit is applied for; and (iii) the public works plan check fee and public works inspection fee for public improvements constructed and installed by Developer and (iv) fees for monitoring compliance with any development approvals, or any environmental impact mitigation measures; provided that such fees and charges are uniformly imposed by the City at similar stages of project development on all similar applications and for all similar monitoring.
(b) General or special taxes, including, but not limited to, property taxes, sales taxes, parcel taxes, transient occupancy taxes, business taxes, which may be applied to the Property or to businesses occupying the Property; provided that (i) 24 10.D.d
Packet Pg. 983 Attachment: SMP Cinemas Development Agreement - Council Mtg 4-22-14 (5685 : Dissolution of Santa Monica Place Movie Theater the tax is of general applicability City-wide and does not burden the Property disproportionately to other similar developments within the City; and (ii) the tax is not a levy, assessment, fee or tax imposed for the purpose of funding public or private improvements on other property located within the Downtown Core District (as defined in the City’s LUCE as of the Effective Date).
(c) Procedural regulations relating to hearing bodies, petitions, applications, notices, documentation of findings, records, manner in which hearings are conducted, reports, recommendations, initiation of appeals, and any other matters of procedure; provided such regulations are uniformly imposed by the City on all matters, do not result in any unreasonable decision-making delays and do not affect the substantive findings by the City in approving this Agreement or as otherwise established in this Agreement.
(d) [Intentionally omitted.]
(e) Any City regulations to which Developer has consented in writing.
(f) Collection of such fees or exactions as are imposed and set by governmental entities not controlled by City but which are required to be collected by City.
(g) Regulations which do not impair the rights and approvals granted to Developer under this Agreement. For the purposes of this Section 5.2.1(g), regulations which impair Developer’s rights or approvals include, but are not limited to, regulations which (i) materially increase the cost of the Project (except as provided in Section 5.2.1(a) and (b) above), (ii) materially delay development of the Project or cause a material change in the uses of the Project as provided in this Agreement; or (iii) materially impair the development, operation, or use of the Theater.

5.2.2 New Rules and Regulations. This Agreement shall not be construed to prevent the City from applying new rules, regulations and policies in those circumstances specified in Government Code Section 65866.

5.2.3 State or Federal Laws. In the event that state or federal laws or regulations, enacted after the Effective Date, prevent or preclude compliance with one or more of the provisions of this Agreement, such provisions of this Agreement shall be modified or suspended as may be necessary to comply with such state or federal laws or regulations; provided that this Agreement shall remain in full force and effect to the extent it is not inconsistent with such laws or regulations and to the extent such laws or regulations do not render such remaining provisions impractical to enforce.

5.3 Common Set of Existing Regulations. Prior to the Effective Date, the City and Developer shall use reasonable efforts to identify, assemble and copy three identical sets of the Existing Regulations, to be retained by the City and Developer, so that if it becomes necessary in the future to refer to any of the Existing Regulations, there will be a common set of the Existing Regulations available to all Parties. 25 10.D.d
Packet Pg. 984 Attachment: SMP Cinemas Development Agreement - Council Mtg 4-22-14 (5685 : Dissolution of Santa Monica Place Movie Theater

5.4 Conflicting Enactments. Except as provided in Section 5.2 above, any Subsequent Code Change which would conflict in any way with or be more restrictive than the Existing Regulations shall not be applied by the City to any part of the Property.

Developer may, in its sole discretion, give the City written notice of its election to have any Subsequent Code Change applied to such portion of the Property as it may have an interest in, in which case such Subsequent Code Change shall be deemed to be an Existing Regulation insofar as that portion of the Property is concerned. If there is any conflict or inconsistency between the terms and conditions of this Agreement and the Existing Regulations, the terms and conditions of this Agreement shall control.

5.5 Timing of Development. The California Supreme Court held in Pardee Construction Co. v. City of Camarillo, 37 Cal.3d 465 (1984), that failure of the parties in that case to provide for the timing of development resulted in a later adopted initiative restricting the timing of development to prevail over the parties’ agreement. It is the intent of Developer and the City to cure that deficiency by expressly acknowledging and providing that any Subsequent Code Change that purports to limit over time the rate or timing of development or to alter the sequencing of development phases (whether adopted or imposed by the City Council or through the initiative or referendum process) shall not apply to the Property or the Project and shall not prevail over this Agreement. In particular, but without limiting any of the foregoing, no numerical restriction shall be placed by the City on the amount of total square feet or the number of buildings, structures, residential units that can be built each year on the Property except as expressly provided in this Agreement.

ARTICLE 6

ARCHITECTURAL REVIEW BOARD/COASTAL DEVELOPMENT PERMIT

6.1 Architectural Review Board Approval. The Project shall be subject to review and approval or conditional approval by the ARB in accordance with design review procedures in effect under the Existing Regulations. Consistent with Existing Regulations, the ARB cannot require modifications to the building design which negates the fundamental development standards established by this Agreement. For example, the ARB cannot require reduction in the overall height of the Project, reduction in the number of stories in the Project, or reduction in Floor Area from the Project. Decisions of the ARB are appealable to the Planning Commission in accordance with the Existing Regulations.

6.2 Coastal Development Permit. City acknowledges and agrees that Developer may apply to the California Coastal Commission for a coastal development permit prior to obtaining ARB approval; provided, however, that ARB approval must be received prior to any action taken by the California Coastal Commission. 26 10.D.d
Packet Pg. 985 Attachment: SMP Cinemas Development Agreement - Council Mtg 4-22-14 (5685 : Dissolution of Santa Monica Place Movie Theater ARTICLE 7

CITY TECHNICAL PERMITS

7.1 Definitions. For purposes of this Agreement, the following terms shall have the meanings set forth below:

7.1.1 “Technical City Permits” means any Ministerial Approvals, consents or permits from the City or any office, board, commission, department, division or agency of the City, which are necessary for the actual construction of the Project or any portion thereof in accordance with the Project Site Plan and this Agreement.

Technical City Permits include, without limitation (a) building permits, (b) related mechanical, electrical, plumbing and other technical permits, (c) demolition, excavation and grading permits, (d) encroachment permits, and (e) temporary and final certificates of occupancy.

7.1.2 “Technical Permit Applications” means any applications required to be filed by Developer for any Technical City Permits.

7.2 Diligent Action by City.

7.2.1 Upon satisfaction of the conditions set forth in Section 7.3, the City shall accept the Technical Permit Applications filed by Developer with the City and shall diligently proceed to process such Technical Permit Applications to completion.

7.2.2 Upon satisfaction of the conditions set forth in Section 7.3, the City shall diligently issue the Technical City Permits which are the subject of the Technical Permit Applications.

7.3 Conditions for Diligent Action by the City.

7.3.1 Acceptance and Processing of Technical Permit
Applications. The obligation of the City to accept and diligently process the Technical Permit Applications which are filed by Developer, and then issue the Technical City Permits, is subject to the satisfaction of the following conditions:
(a) Developer shall have completed and filed all Technical Permit Applications which are required under the administrative procedures and policies of the City which are in effect on the date when the Technical Permit Application is filed; provided that such procedures and policies are uniformly in force and effect throughout the City;
(b) Developer shall have paid all processing and permit fees established by the City in connection with the filing and processing of any Technical Permit Application which are in effect on the date when the Technical Permit Application is filed; provided that such fees are uniformly in force and effect throughout the City; and 27 10.D.d
Packet Pg. 986 Attachment: SMP Cinemas Development Agreement - Council Mtg 4-22-14 (5685 : Dissolution of Santa Monica Place Movie Theater (c) If required for the particular Technical Permit Application, Developer shall have obtained the approval of the ARB referred to in Section 6.1 above.

7.3.2 Issuance of a Technical City Permit. The obligation of the City to issue a Technical City Permit which is the subject of a Technical Permit Application filed by Developer is subject to the satisfaction of the following conditions (and only such conditions and no others):
(a) Developer shall have complied with all of its obligations under this Agreement which are required to be performed prior to or concurrent with the issuance of the Technical City Permits for the Project; (b) Developer shall have received any permits or approvals from other governmental agencies which are required by law to be issued prior to or concurrent with the issuance of the Technical City Permits for the Project; (c) The Project conforms to the development standards
established in this Agreement. In the event that the Project is not in conformance with the development standards, Developer shall have the right to seek any relief from such standards under the procedures then available in the City; and (d) The proposed Projects conform to the applicable
Administrative and Technical Construction Codes of the City (Article VIII, Chapter 1 of the Santa Monica Municipal Code) (the “Technical Codes”).

7.4 Duration of Technical City Permits. The duration of Technical City Permits issued by the City, and any extensions of the time period during which such Technical City Permits remain valid, shall be established in accordance with the Technical Codes in effect at the time that the Technical City Permits are issued. Subject to Section 3.3, the lapse or expiration of a Technical City Permit shall not preclude or impair Developer from subsequently filing another Technical Permit Application for the same matter during the Term of this Agreement, which shall be processed by the City in accordance with the provisions of this ARTICLE 7.

7.5 Applicable Building Code. The City acknowledges and agrees that (a) Developer has submitted shell and core plans for the Project that are being checked under the 2010 California Building Code and any applicable local amendments; therefore, the Project Plans and Technical City Permits are only subject to and shall be processed under such Code and local amendments, and (b) the Project is not a High-Rise.

ARTICLE 8

AMENDMENT AND MODIFICATION

8.1 Amendment and Modification of Development Agreement. Subject to the notice and hearing requirements of the applicable Development Agreement Statutes, this 28 10.D.d
Packet Pg. 987 Attachment: SMP Cinemas Development Agreement - Council Mtg 4-22-14 (5685 : Dissolution of Santa Monica Place Movie Theater Agreement may be modified or amended from time to time only with the written consent of Developer and the City or their successors and assigns in accordance with the provisions of the SMMC and Section 65868 of the California Government Code.

ARTICLE 9
TERM

9.1 Effective Date. This Agreement shall be dated, and the obligations of the Parties hereunder shall be effective as of the date upon which the ordinance approving this Agreement becomes effective (the “Effective Date”). The Parties shall execute this Agreement within ten (10) working days of the Effective Date.

9.2 Term.

9.2.1 Term of Agreement. The term of this Agreement shall commence on the Effective Date and shall continue for twenty (20) years thereafter (the “Term”), unless the Term is otherwise terminated pursuant to Section 11.4, after the satisfaction of all applicable public hearing and related procedural requirements or pursuant to Section 3.3.

9.2.2 Termination Certificate. Upon termination of this Agreement, the Parties hereto shall execute an appropriate certificate of termination in recordable form (a “Termination Certificate”), which shall be recorded in the official records of Los Angeles County.

9.2.3 Effect of Termination. Except as expressly provided herein (e.g., Section 4.3.2), none of the parties’ respective rights and obligations under this Agreement shall survive the Term.

ARTICLE 10

PERIODIC REVIEW OF COMPLIANCE

10.1 City Review. The City shall review compliance with this Development Agreement once each year, on or before March 31st (each, a “Periodic Review”), in accordance with this Article 10 in order to determine whether or not Developer is out-ofcompliance with any specific term or provision of this Agreement.

10.2 Evidence of Good Faith Compliance. On or before October 1st of each year, Developer shall deliver to the City a written report demonstrating that Developer has been in good faith compliance with this Agreement during the twelve (12) month period prior to the anniversary of the Effective Date. The written report shall be provided in the form established by the City. For purposes of this Agreement, the phrase “good faith compliance” shall mean the following: (a) compliance by Developer with the requirements of the Existing Regulations, except as otherwise modified by this Agreement; and (b) compliance by Developer with the terms and conditions of this Agreement, subject to the existence of any specified Excusable Delays (as defined in 29 10.D.d
Packet Pg. 988 Attachment: SMP Cinemas Development Agreement - Council Mtg 4-22-14 (5685 : Dissolution of Santa Monica Place Movie Theater Section 15.8, below) which prevented or delayed the timely performance by Developer of any of its obligations under this Agreement.

10.3 Information to be Provided to Developer. Prior to any public hearing concerning the Periodic Review of this Agreement, the City shall deliver to Developer a copy of all staff reports prepared in connection with a Periodic Review, written comments from the public and, to the extent practical, all related exhibits concerning such Periodic Review. If the City delivers to Developer a Notice of Breach pursuant to Section 11.1.1, below, the City shall concurrently deliver to Developer a copy of all staff reports prepared in connection with such Notice of Breach, all written comments from the public and all related exhibits concerning such Notice of Breach.

10.4 Notice of Breach; Cure Rights. If during any Periodic Review, the City reasonably concludes on the basis of substantial evidence that Developer has not demonstrated that it is in good faith compliance with this Agreement, then the City may issue and deliver to Developer a written Notice of Breach pursuant to Section 11.1.1, below, and Developer shall have the opportunity to cure the default identified in the Notice of Breach during the cure periods and in the manner provided by Section 11.2 and Section 11.3, as applicable.

10.5 Failure of Periodic Review. The City’s failure to review at least annually compliance by Developer with the terms and conditions of this Agreement shall not constitute or be asserted by any Party as a breach by any other Party of this Agreement.

10.6 Termination of Development Agreement. If Developer fails to timely cure any item(s) of non-compliance set forth in a Notice of Default, then the City shall have the right but not the obligation to initiate proceedings for the purpose of terminating this Agreement pursuant to Section 11.4, below.

10.7 City Cost Recovery. Following completion of each Periodic Review, Developer shall reimburse the City for its actual and reasonable costs incurred in connection with such review.
30 10.D.d
Packet Pg. 989 Attachment: SMP Cinemas Development Agreement - Council Mtg 4-22-14 (5685 : Dissolution of Santa Monica Place Movie Theater ARTICLE 11

DEFAULT

11.1 Notice and Cure.

11.1.1 Breach. If either Party fails to substantially perform any term, covenant or condition of this Agreement which is required on its part to be performed (a “Breach”), the non-defaulting Party shall have those rights and remedies provided in this Agreement; provided that such non-defaulting Party has first sent a written notice of Breach (a “Notice of Breach”), in the manner required by Section 15.1, specifying the precise nature of the alleged Breach (including references to pertinent Sections of this Agreement and the Existing Regulations or Subsequent Code Changes alleged to have been breached), and the manner in which the alleged Breach may satisfactorily be cured. If the City alleges a Breach by Developer, the City shall also deliver a copy of the Notice of Breach to Theater Operator and any Secured Lender of Developer which has delivered a Request for Notice to the City in accordance with Article 12.

11.1.2 Monetary Breach. In the case of a monetary Breach by Developer, Developer shall promptly commence to cure the identified Breach and shall complete the cure of such Breach within thirty (30) business days after receipt by Developer of the Notice of Breach; provided that if such monetary Breach is the result of an Excusable Delay or the cure of the same is delayed as a result of an Excusable Delay, Developer shall deliver to the City reasonable evidence of the Excusable Delay.

11.1.3 Non-Monetary Breach. In the case of a non-monetary Breach by either Party, the alleged defaulting Party shall promptly commence to cure the identified Breach and shall diligently prosecute such cure to completion; provided that the defaulting Party shall complete such cure within thirty (30) days after receipt of the Notice of Breach or provide evidence of Excusable Delay that prevents or delays the completion of such cure. The thirty (30) day cure period for a non-monetary Breach shall be extended as is reasonably necessary to remedy such Breach; provided that the alleged defaulting Party commences such cure promptly after receiving the Notice of Breach and continuously and diligently pursues such remedy at all times until such Breach is cured.

11.1.4 Excusable Delay. Notwithstanding anything to the contrary contained in this Agreement, the City’s exercise of any of its rights or remedies under this Article 11 shall be subject to the provisions regarding Excusable Delay in Section 15.8, below.

11.2 Remedies for Monetary Default. If there is a Breach by Developer in the performance of any of its monetary obligations under this Agreement which remains uncured (a) thirty (30) business days after receipt by Developer of a Notice of Breach from the City and (b) after expiration of Secured Lender’s Cure Period under Section

12.1.3(b) (if a Secured Lender of Developer has delivered a Request for Notice to the City in accordance with Section 12.1.3(a)), then an “Event of Monetary Default” shall 31 10.D.d
Packet Pg. 990 Attachment: SMP Cinemas Development Agreement - Council Mtg 4-22-14 (5685 : Dissolution of Santa Monica Place Movie Theater have occurred by Developer and the City shall have available any right or remedy provided in this Agreement, at law or in equity. All of said remedies shall be cumulative and not exclusive of one another, and the exercise of any one or more of said remedies shall not constitute a waiver or election in respect to any other available remedy.

11.3 Remedies for Non-Monetary Default.

11.3.1 Remedies of Parties. If any Party receives a Notice of Breach from the other Party regarding a non-monetary Breach, and the non-monetary Breach remains uncured: (a) after expiration of all applicable notice and cure periods; and (b) in the case of a Breach by Developer, after the expiration of Secured Lender’s Cure Period under Section 12.1.3(b) (if a Secured Lender of Developer has delivered a Request for Notice to the City in accordance with Section 12.1.3(a)), then an “Event of NonMonetary Default” shall have occurred and the non-defaulting Party shall have available any right or remedy provided in this Agreement, or provided at law or in equity except as prohibited by this Agreement. All of said remedies shall be cumulative and not exclusive of one another, and the exercise of any one or more of said remedies shall not constitute a waiver or election in respect to any other available remedy.

11.3.2 Specific Performance. The City and Developer
acknowledge that monetary damages and remedies at law generally are inadequate and that specific performance is an appropriate remedy for the enforcement of this Agreement. Therefore, unless otherwise expressly provided herein, the remedy of specific performance shall be available to the non-defaulting party if the other Party causes an Event of Non-Monetary Default to occur.

11.3.3 Writ of Mandate. The City and Developer hereby stipulate that Developer shall be entitled to obtain relief in the form of a writ of mandate in accordance with Code of Civil Procedure Section 1085 or Section 1094.5, as appropriate, to remedy any Event of Non-Monetary Default by the City of its obligations and duties under this Agreement. Nothing in this Section 11.3.3, however, is intended to alter the evidentiary standard or the standard of review applicable to any action of, or approval by, the City pursuant to this Agreement or with respect to the Project.

11.3.4 No Damages Relief Against City. It is acknowledged by Developer that the City would not have entered into this Agreement if the City were to be liable in damages under or with respect to this Agreement or the application thereof.

Consequently, and except for the payment of attorneys’ fees and court costs, the City shall not be liable in damages to Developer and Developer covenants on behalf of itself and its successors in interest not to sue for or claim any damages:
(a) for any default under this Agreement;
(b) for the regulatory taking, impairment or restriction of any right or interest conveyed or provided hereunder or pursuant hereto; or 32 10.D.d
Packet Pg. 991 Attachment: SMP Cinemas Development Agreement - Council Mtg 4-22-14 (5685 : Dissolution of Santa Monica Place Movie Theater (c) arising out of or connected with any dispute, controversy or issue regarding the application or interpretation or effect of the provisions of this Agreement.

The City and Developer agree that the provisions of this Section 11.3.4 do not apply for damages which:
(a) do not arise under this Agreement;
(b) are not with respect to any right or interest conveyed or provided under this Agreement or pursuant to this Agreement; or (c) do not arise out of or which are not connected to any dispute, controversy, or issue regarding the application, interpretation, or effect of the provisions of this Agreement or the application of any City rules, regulations, or official policies.

11.3.5 Enforcement by the City. The City, at its discretion, shall be entitled to apply the remedies set forth in Chapters 1.09 and 1.10 of the SMMC as the same may be amended from time to time and shall follow the notice procedures of Chapter 1.09 and 1.10 respectively in lieu of Section 11.1 of this Agreement if these remedies are applied.

11.3.6 No Damages Against Developer. It is acknowledged by the City that Developer would not have entered into this Agreement if Developer were to be liable in damages in connection with any non-monetary default hereunder. Consequently, and except for the payment of attorneys’ fees and court costs, Developer shall not be liable in damages to the City for any nonmonetary default and the City covenants on behalf of itself not to sue for or claim any damages:
(a) for any non-monetary default hereunder or;
(b) arising out of or connected with any dispute, controversy or issue regarding;
(c) the application or interpretation or effect of the provisions of this Agreement.

The City and Developer agree that the provisions of this Section 11.3.6 do not apply for damages which:
(a) are for a monetary default; or
(b) do not arise out of or which are not connected with any dispute, controversy or issue regarding the application, interpretation, or effect of the provisions of this Agreement to or the application of, any City rules, regulations, or official policies.
33 10.D.d
Packet Pg. 992 Attachment: SMP Cinemas Development Agreement - Council Mtg 4-22-14 (5685 : Dissolution of Santa Monica Place Movie Theater

11.3.7 No Other Limitations. Except as expressly set forth in this Section 11.3, the provisions of this Section 11.3 shall not otherwise limit any other rights, remedies, or causes of action that either the City or Developer may have at law or equity after the occurrence of any Event of Non-Monetary Default.

11.4 Modification or Termination of Agreement by City.

11.4.1 Default by Developer. If Developer causes either an Event of Monetary Default or an Event of Non-Monetary Default, then the City may commence proceedings to modify or terminate this Agreement pursuant to this Section 11.4.

11.4.2 Procedure for Modification or Termination. The procedures for modification or termination of this Agreement by the City for the grounds set forth in Section 11.4.1 are as follows:
(a) The City shall provide a written notice to Developer (and to any Secured Lender of Developer which has delivered a Request for Notice to the City in accordance of Section 12.1.3(a)) of its intention to modify or terminate this Agreement unless Developer (or the Secured Lender) cures or corrects the acts or omissions that constitute the basis of such determinations by the City (a “Hearing Notice”). The Hearing Notice shall be delivered by the City to Developer in accordance with Section

15.1 and shall contain the time and place of a public hearing to be held by the City Council on the determination of the City to proceed with modification or termination of this Agreement. The public hearing shall not be held earlier than: (i) thirty-one (31) days after delivery of the Hearing Notice to Developer or (ii) if a Secured Lender has delivered a Request for Notice in accordance with Section 12.1.3(a), the day following the expiration of the “Secured Lender Cure Period” (as defined in Section 12.1.3(b)). (b) If, following the conclusion of the public hearing, the City Council: (i) determines that an Event of Non-Monetary Default has occurred and (ii) further determines that Developer (or the Secured Lender, if applicable) has not cured (within the applicable cure periods) the acts or omissions that constitute the basis of the determination under clause (i) above or if those acts or omissions could not be reasonably remedied prior to the public hearing that Developer (or the Secured Lender) has not in good faith commenced to cure or correct such acts or omissions prior to the public hearing or is not diligently and continuously proceeding therewith to completion, then upon making such conclusions, the City Council may modify or terminate this Agreement. The City cannot unilaterally modify the provisions of this Agreement pursuant to this Section 11.4.2. Any such modification requires the written consent of Developer. If the City Council does not terminate this Agreement, but proposes a modification to this Agreement as a result of the public hearing and Developer does not (within five (5) days of receipt) execute and deliver to the City the form of modification of this Agreement submitted to Developer by the City, then the City Council may elect to terminate this Agreement at any time after the sixth day after Developer’s receipt of such proposed modification.
34 10.D.d
Packet Pg. 993 Attachment: SMP Cinemas Development Agreement - Council Mtg 4-22-14 (5685 : Dissolution of Santa Monica Place Movie Theater

11.5 Cessation of Rights and Obligations. If this Agreement is terminated by the City pursuant to and in accordance with Section 11.4, the rights, duties and obligations of the Parties under this Agreement shall cease as of the date of such termination, except only for those rights and obligations that expressly survive the termination of this Agreement. In such event, any and all benefits, including money received by the City prior to the date of termination, shall be retained by the City.

11.6 Completion of Improvements. Notwithstanding the provisions of Sections

11.2, 11.3, 11.4, and 11.5, if prior to termination of this Agreement, Developer has performed substantial work and incurred substantial liabilities in good faith reliance upon a building permit issued by the City, then Developer shall have acquired a vested right to complete construction of the Projects in accordance with the terms of the building permit and occupy or use each such Project upon completion for the uses permitted for that Project as provided in this Agreement. Any Project completed or occupied pursuant to this Section 11.6 shall be considered legal non-conforming subject to all City ordinances standards and policies as they then exist governing legal non-conforming buildings and uses unless the Project otherwise complies with the property development standards for the district in which it is located and the use is otherwise permitted or conditionally permitted in the district.

ARTICLE 12

MORTGAGEES/THEATER OPERATOR

12.1 Encumbrances on the Property. This Agreement shall not prevent or limit Developer (in its sole discretion), from encumbering the Property (in any manner) or any portion thereof or any improvement thereon by any mortgage, deed of trust, assignment of rents or other security device securing financing with respect to the Property (a “Mortgage”). Each mortgagee of a mortgage or a beneficiary of a deed of trust (each, a “Secured Lender”) on the Property shall be entitled to the rights and privileges set forth in this ARTICLE 12. Any Secured Lender may require from the City certain interpretations of this Agreement. The City shall from time to time, upon request made by Developer, meet with Developer and representatives of each of its Secured Lenders to negotiate in good faith any Secured Lender’s request for interpretation of any part of this Agreement. The City will not unreasonably withhold, condition or delay the delivery to a Secured Lender of the City’s written response to any such requested interpretation.

12.1.1 Mortgage Not Rendered Invalid. Except as provided in Section

12.1.2, neither entering into this Agreement nor a Breach of this Agreement, nor any Event of Monetary Default nor any Event of Non-Monetary Default shall defeat, render invalid, diminish, or impair the lien of any Mortgage made in good faith and for value.

12.1.2 Priority of Agreement. This Agreement shall be superior and senior to the lien of any Mortgage. Any acquisition or acceptance of title or any right or interest in or with respect to the Property or any portion thereof by a Secured Lender or its successor in interest (whether pursuant to foreclosure, trustee’s sale, deed in lieu of 35 10.D.d
Packet Pg. 994 Attachment: SMP Cinemas Development Agreement - Council Mtg 4-22-14 (5685 : Dissolution of Santa Monica Place Movie Theater foreclosure, lease termination or otherwise) shall be subject to all of the terms and conditions of this Agreement.

12.1.3 Right of Secured Lender to Cure Default.
(a) A Secured Lender may give notice to the City, specifying the name and address of such Secured Lender and attaching thereto a true and complete copy of the Mortgage held by such Secured Lender, specifying the portion of the Property that is encumbered by the Secured Lender’s lien (a “Request for Notice”). If the Request for Notice has been given, at the same time the City sends to Developer any Notice of Breach or Hearing Notice under this Agreement, then if such Notice of Breach or Hearing Notice affects the portion of the Property encumbered by the Secured Lender’s lien, the City shall send to such Secured Lender a copy of each such Notice of Breach and each such Hearing Notice from the City to Developer. The copy of the Notice of Breach or the Hearing Notice sent to the Secured Lender pursuant to this Section

12.1.3(a) shall be addressed to such Secured Lender at its address last furnished to the City. The period within which a Secured Lender may cure a particular Event of Monetary Default or Event of Non-Monetary Default shall not commence until the City has sent to the Secured Lender such copy of the applicable Notice of Breach or Hearing Notice. (b) After a Secured Lender has received a copy of such Notice of Default or Hearing Notice, such Secured Lender shall thereafter have a period of time (in addition to any notice and/or cure period afforded to Developer under this Agreement) equal to: (a) ten (10) business days in the case of any Event of Monetary Default and (b) thirty (30) days in the case of any Event of Non-Monetary Default, during which period the Secured Lender may provide a remedy or cure of the applicable Event of Monetary Default or may provide a remedy or cure of the applicable Event of Non-Monetary Default; provided that if the cure of the Event of Non-Monetary Default cannot reasonably be completed within thirty days, Secured Lender may, within such 30-day period, commence to cure the same and thereafter diligently prosecute such cure to completion (a “Secured Lender’s Cure Period”). If Developer has caused an Event of Monetary Default or an Event of Non-Monetary Default, then each Secured Lender shall have the right to remedy such Event of Monetary Default or an Event of Non-Monetary Default, as applicable, or to cause the same to be remedied prior to the conclusion of the Secured Lender’s Cure Period and otherwise as herein provided. The City shall accept performance by any Secured Lender of any covenant, condition, or agreement on Developer’s part to be performed hereunder with the same force and effect as though performed by Developer.
(c) The period of time given to the Secured Lender to cure any Event of Monetary Default or an Event of Non-Monetary Default by Developer which reasonably requires that said Secured Lender be in possession of the Property to do so, shall be deemed extended to include the period of time reasonably required by said Secured Lender to obtain such possession (by foreclosure, the appointment of a receiver or otherwise) promptly and with due diligence; provided that during such period all other obligations of Developer under this Agreement, including, without limitation, payment of all amounts due, are being duly and promptly performed. 36 10.D.d
Packet Pg. 995 Attachment: SMP Cinemas Development Agreement - Council Mtg 4-22-14 (5685 : Dissolution of Santa Monica Place Movie Theater

12.1.4 Secured Lender Not Obligated Under this Agreement. (a) No Secured Lender shall have any obligation or duty under this Agreement to perform the obligations of Developer’s or the affirmative covenants of Developer’s hereunder or to guarantee such performance unless and until such time as a Secured Lender takes possession or becomes the owner of the estate covered by its Mortgage. If the Secured Lender takes possession or becomes the owner of any portion of the Property, then from and after that date, the Secured Lender shall be obligated to comply with all provisions of this Agreement; provided that the Secured Lender shall not be responsible to the City for any unpaid monetary obligations of Developer that accrued prior to the date the Secured Lender became the fee owner of the Property. (b) Nothing in Section 12.1.4(a) is intended, nor should be construed or applied, to limit or restrict in any way the City’s authority to terminate this Agreement, as against any Secured Lender as well as against Developer if any curable Event of Monetary Default or an Event of Non-Monetary Default is not completely cured within the Secured Lender’s Cure Period.

12.2 Theater Operator’s Notice and Cure Rights.
(a) Provided that the Theater Operator has provided written notice of the name and address of the Theater Operator to City, at the same time the City sends to Developer any Notice of Breach or Hearing Notice under this Agreement, the City shall send to Theater Operator a copy of each such Notice of Breach and each such Hearing Notice from the City to Developer. The copy of the Notice of Breach or the Hearing Notice sent to the Theater Operator pursuant to this Section 12.2 shall be addressed to Theater Operator at the address of the Theater Project. The period within which Theater Operator may cure a particular Event of Monetary Default or Event of Non-Monetary Default shall not commence until the City has sent to the Theater Operator such copy of the applicable Notice of Breach or Hearing Notice. (b) After Theater Operator has received a copy of such Notice of Breach or Hearing Notice, Theater Operator shall thereafter have a period of time (in addition to any notice and/or cure period afforded to Developer under this Agreement) equal to: (a) ten (10) business days in the case of any Event of Monetary Default and (b) thirty (30) days in the case of any Event of Non-Monetary Default, during which period Theater Operator may provide a remedy or cure of the applicable Event of Monetary Default or may provide a remedy or cure of the applicable Event of NonMonetary Default; provided that if the cure of the Event of Non-Monetary Default cannot reasonably be completed within thirty days, Theater Operator may, within such 30-day period, commence to cure the same and thereafter diligently prosecute such cure to completion (a “Theater Operator’s Cure Period”). If Developer has caused an Event of Monetary Default or an Event of Non-Monetary Default, then Theater Operator shall have the right, but not the obligation, to remedy such Event of Monetary Default or an Event of Non-Monetary Default, as applicable, or to cause the same to be remedied prior to the conclusion of the Theater Operator’s Cure Period and otherwise as herein provided.

The City shall accept performance by Theater Operator of any covenant, condition, or 37 10.D.d
Packet Pg. 996 Attachment: SMP Cinemas Development Agreement - Council Mtg 4-22-14 (5685 : Dissolution of Santa Monica Place Movie Theater agreement on Developer’s part to be performed hereunder with the same force and effect as though performed by Developer.
(c) Notwithstanding anything to the contrary in this
Agreement, and regardless of whether City provides to Theater Operator any Notice of Breach or Hearing Notice, Theater Operator has no obligation to commence or complete any remedy or cure of any Event of Monetary Default or an Event of Non-Monetary Default, by Developer
ARTICLE 13

TRANSFERS AND ASSIGNMENTS

13.1 Transfers and Assignments.

13.1.4 Not Severable from Ownership Interest in Property. This Agreement shall not be severable from Developer’s interest in the Property and any transfer of the Property or any portion thereof shall automatically operate to transfer the benefits and burdens of this Agreement with respect to the transferred Property or transferred portions, as applicable.

13.1.5 Transfer Rights. Developer may freely sell, transfer, exchange, hypothecate, encumber or otherwise dispose of its interest in the Property, without the consent of the City. Developer shall, however, give written notice to the City, in accordance with Section 15.1, of any transfer of the Property, disclosing in such notice (a) the identity of the transferee of the Property (the “Property Transferee”) and (b) the address of the Property Transferee as applicable.

13.2 Release Upon Transfer. Upon the sale, transfer, exchange or hypothecation of the rights and interests of Developer to the Property, Developer shall be released from its obligations under this Agreement to the extent of such sale, transfer or exchange with respect to the Property if: (a) Developer has provided written notice of such transfer to City; and (b) the Property Transferee executes and delivers to City a written agreement in which the Property Transferee expressly and unconditionally assumes all of the obligations of Developer under this Agreement with respect to the Property in the form of Exhibit “I” attached hereto (the “Assumption Agreement”).

Upon such transfer of the Property and the express assumption of Developer’s obligations under this Agreement by the transferee, the City agrees to look solely to the transferee for compliance with the provisions of this Agreement. Any such transferee shall be entitled to the benefits of this Agreement as “Developer” hereunder and shall be subject to the obligations of this Agreement. Failure to deliver a written Assumption Agreement hereunder shall not affect the transfer of the benefits and burdens as provided in Section

13.1, provided that the transferor shall not be released from its obligations hereunder unless and until the executed Assumption Agreement is delivered to the City. 38 10.D.d
Packet Pg. 997 Attachment: SMP Cinemas Development Agreement - Council Mtg 4-22-14 (5685 : Dissolution of Santa Monica Place Movie Theater ARTICLE 14

INDEMNITY TO CITY

14.1 Indemnity. Developer agrees to and shall defend, indemnify and hold harmless the City, its City Council, boards and commissions, officers, agents, employees, volunteers and other representatives (collectively referred to as “City Indemnified Parties”) from and against any and all loss, liability, damages, cost, expense, claims, demands, suits, attorney’s fees and judgments (collectively referred to as “Damages”), including but not limited to claims for damage for personal injury (including death) and claims for property damage arising directly or indirectly from the following: (1) for any act or omission of Developer, Theater Operator, and their respective officers, board members, agents, employees, volunteers, contractors, subcontractors (collectively referred to as the “Developer Parties”), which occurs during the Term and relates to this Agreement; (2) for any act or omission related to the operations of Developer Parties, including but not limited to the maintenance and operation of areas on the Property accessible to the public. Developer’s obligation to defend, indemnify and hold harmless applies to all actions and omissions of Developer Parties as described above caused or alleged to have been caused in connection with the Project or Agreement, except to the extent any Damages are caused by the active negligence or willful misconduct of any City Indemnified Parties. This Section 14.1 applies to all Damages suffered or alleged to have been suffered by the City Indemnified Parties regardless of whether or not the City prepared, supplied or approved plans or specifications or both for the Project.

14.2 City’s Right to Defense. The City shall have the right to approve legal counsel retained by Developer to defend any claim, action or proceeding which Developer is obligated to defend pursuant to Section 14.1, which approval shall not be unreasonably withheld, conditioned or delayed. If any conflict of interest results during the mutual representation of the City and Developer in defense of any such action, or if the City is reasonably dissatisfied with legal counsel retained by Developer, the City shall have the right (a) at Developer’s costs and expense, to have the City Attorney undertake and continue the City’s defense, or (b) with Developer’s approval, which shall not be reasonably withheld or delayed, to select separate outside legal counsel to undertake and continue the City’s defense.

ARTICLE 15

GENERAL PROVISIONS

15.1 Notices. Formal notices, demands and communications between the Parties shall be deemed sufficiently given if delivered to the principal offices of the City or Developer, as applicable, by (i) personal service, or (ii) express mail, Federal Express, or other similar overnight mail or courier service, regularly providing proof of delivery, or (iii) registered or certified mail, postage prepaid, return receipt requested, or (iv) facsimile (provided that any notice delivered by facsimile is followed by a separate notice sent within twenty-four (24) hours after the transmission by facsimile delivered in one of the other manners specified above). Such notice shall be addressed as follows:
39 10.D.d
Packet Pg. 998 Attachment: SMP Cinemas Development Agreement - Council Mtg 4-22-14 (5685 : Dissolution of Santa Monica Place Movie Theater To City:

City of Santa Monica
1685 Main Street, Room 204
Santa Monica, CA 90401
Attention: City Manager
Fax: (310) 917-6640
With a Copy to:

City of Santa Monica
1685 Main Street, Room 212
Santa Monica, CA 90401
Attn: Planning and Community Development Director
Fax: (310) 458-3380
To Developer:

Macerich SMP LP
401 Wilshire Boulevard, Suite 700
Santa Monica, CA 90401
Attn: Randy Brant
Fax: (310) 395-2791
With a Copy to:

Macerich SMP LP
401 Wilshire Blvd., Suite 700
Santa Monica, CA 90401
Attn: Chief Legal Officer
Fax: (310) 395-2791
With a Copy to:

Armbruster Goldsmith & Delvac LLP
11611 San Vicente Blvd., Suite 900
Los Angeles, CA 90049
Attn: Dale Goldsmith
Fax: (310) 209-8801
Notice given in any other manner shall be effective when received by the addressee. Any Party may change the addresses for delivery of notices to such Party by delivering notice to the other Party in accordance with this provision.

15.2 Entire Agreement; Conflicts. This Agreement represents the entire agreement of the Parties. This Agreement integrates all of the terms and conditions mentioned herein or incidental hereto, and supersedes all negotiations or previous agreements between the Parties or their predecessors in interest with respect to all or any part of the subject matter hereof. Should any or all of the provisions of this Agreement be found to be in conflict with any other provision or provisions found in the Existing Regulations, then the provisions of this Agreement shall prevail. Should any of the Conditions of Approval set forth in Section B of Exhibit “D” attached hereto conflict 40 10.D.d
Packet Pg. 999 Attachment: SMP Cinemas Development Agreement - Council Mtg 4-22-14 (5685 : Dissolution of Santa Monica Place Movie Theater with any of the Mitigation Measures set forth in Section A of Exhibit “D” attached hereto, the more stringent or exacting requirement shall control.

15.3 Binding Effect. The Parties intend that the provisions of this Agreement shall constitute covenants which shall run with the land comprising the Property during the Term for the benefit thereof and that the burdens and benefits thereof shall bind and inure to the benefit of all successors-in-interest to the Parties hereto. Every Party who now or hereafter owns or acquires any right, title, or interest in or to any portion of the Project during the Term is and shall be conclusively deemed to have consented and agreed to every provision contained herein, to the extent relevant to said right, title or interest, whether or not any reference to this Agreement is contained in the instrument by which such person acquired an interest in the Project.

15.4 Agreement Not for Benefit of Third Parties. This Agreement is made and entered into for the sole protection and benefit of Developer and the City and their respective successors and assigns. Except for the rights given to Secured Lenders under Article 12 above, no o other person shall have any right of action based upon any provision of this Agreement.

15.5 No Partnership or Joint Venture. Nothing in this Agreement shall be deemed to create a partnership or joint venture between the City and Developer or to render either Party liable in any manner for the debts or obligations of the other.

15.6 Estoppel Certificates. Either Party may, at any time, and from time to time, deliver written notice to the other Party requesting such Party to certify in writing (each, an “Estoppel Certificate”): (a) that this Agreement is in full force and effect, (b) that this Agreement has not been amended or modified either orally or in writing, or if so amended, identifying the amendments, (c) whether or not, to the knowledge of the responding Party, the requesting Party is in Breach or claimed Breach in the performance of its obligations under this Agreement, and, if so, describing the nature and amount of any such Breach or claimed Breach, and (d) whether or not, to the knowledge of the responding Party, any event has occurred or failed to occur which, with the passage of time or the giving of notice, or both, would constitute an Event of Monetary Default or an Event of Non-Monetary Default and, if so, specifying each such event. A Party receiving a request for an Estoppel Certificate shall execute and return such Certificate within thirty (30) days following the receipt of the request therefor. If the party receiving the request hereunder does not execute and return the certificate in such 30-day period and if circumstances are such that the Party requesting the notice requires such notice as a matter of reasonable business necessity, the Party requesting the notice may seek a second request which conspicuously states “FAILURE TO EXECUTE THE REQUESTED ESTOPPEL CERTIFICATE WITHIN FIFTEEN (15) DAYS SHALL BE DEEMED WAIVER PURSUANT TO SECTIONS 15.6 AND 15.13 OF THE DEVELOPMENT AGREEMENT” and which sets forth the business necessity for a timely response to the estoppel request. If the Party receiving the second request fails to execute the Estoppel Certificate within such 15-day period, it shall be conclusively deemed that the Agreement is in full force and effect and has not been amended or modified orally or in writing, and that there are no uncured defaults under this Agreement 41 10.D.d
Packet Pg. 1000 Attachment: SMP Cinemas Development Agreement - Council Mtg 4-22-14 (5685 : Dissolution of Santa Monica Place Movie Theater or any events which, with passage of time of giving of notice, of both, would constitute a default under the Agreement. Theater Operator may also request an Estoppel Certificate from the City, and the City shall issue such Estoppel Certificate, in accordance with the foregoing provisions. The City Manager shall have the right to execute any Estoppel Certificate requested by Developer or Theater Operator under this Agreement. The City acknowledges that an Estoppel Certificate may be relied upon by Theater Operator, any Property Transferee, Secured Lender or other party.

15.7 Time. Time is of the essence for each provision of this Agreement of which time is an element.

15.8 Excusable Delays.

15.8.1 In addition to any specific provisions of this
Agreement, non-performance by Developer of its obligations under this Agreement shall be excused when it has been prevented or delayed in such performance by reason of any act, event or condition beyond the reasonable control of Developer (collectively, “Excusable Delays”) for any of the following reasons:
(a) War, insurrection, walk-outs, riots, acts of terrorism, floods, earthquakes, fires, casualties, acts of God, or similar grounds for excused performances;
(b) Governmental restrictions or moratoria imposed by the City or by other governmental entities or the enactment of conflicting State or Federal laws or regulations;
(c) The imposition of restrictions or moratoria by judicial decisions or by litigation, contesting the validity, or seeking the enforcement or clarification of, this Agreement whether instituted by Developer, the City or any other person or entity, or the filing of a lawsuit by any Party arising out of this Agreement or any permit or approval Developer deems necessary or desirable for the implementation of the Project;
(d) The institution of a referendum pursuant to Government Code Section 65867.5 or a similar public action seeking to in any way invalidate, alter, modify or amend the ordinance adopted by the City Council approving and implementing this Agreement;
(e) Inability to secure necessary labor, materials or tools, due to strikes, lockouts, or similar labor disputes; and
(f) Failure of the City to timely perform its obligations hereunder, including its obligations under Section 7.2 above

15.8.2 Under no circumstances shall the inability of
Developer to secure financing be an Excusable Delay to the obligations of Developer. 42 10.D.d
Packet Pg. 1001 Attachment: SMP Cinemas Development Agreement - Council Mtg 4-22-14 (5685 : Dissolution of Santa Monica Place Movie Theater

15.8.3 In order for an extension of time to be granted for any Excusable Delay, Developer must deliver to the City written notice of the commencement of the Excusable Delay within sixty (60) days after the date on which Developer becomes aware of the existence of the Excusable Delay. The extension of time for an Excusable Delay shall be for the actual period of the delay.

15.8.4 Nothing contained in this Section 15.8 is intended to modify the terms of either Section 5.1.2 or Section 5.5 of this Agreement.

15.9 Governing Law. This Agreement shall be governed exclusively by the provisions hereof and by the laws of the State of California.

15.10 Cooperation in Event of Legal Challenge to Agreement. If there is any court action or other proceeding commenced that includes any challenge to the validity, enforceability or any term or provision of this Agreement, then Developer shall indemnify, hold harmless, pay all costs actually incurred, and provide defense in said action or proceeding, with counsel reasonably satisfactory to both the City and Developer. The City shall cooperate with Developer in any such defense as Developer may reasonably request.

15.11 Attorneys’ Fees. If any Party commences any action for the interpretation, enforcement, termination, cancellation or rescission of this Agreement or for specific performance for the Breach of this Agreement, the prevailing Party shall be entitled to its reasonable attorneys’ fees, litigation expenses and costs. Attorneys’ fees shall include attorneys’ fees on any appeal as well as any attorneys’ fees incurred in any post-judgment proceedings to collect or enforce the judgment. Such attorneys’ fees shall be paid whether or not such action is prosecuted to judgment. In any case where this Agreement provides that the City or Developer is entitled to recover attorneys’ fees from the other, the Party so entitled to recover shall be entitled to an amount equal to the fair market value of services provided by attorneys employed by it as well as any attorneys’ fees actually paid by it to third Parties. The fair market value of the legal services for public attorneys shall be determined by utilizing the prevailing billing rates of comparable private attorneys.

15.12 Recordation. The Parties shall cause this Agreement and any notice of covenants required herein to be recorded against title to the Property in the Official Records of the County of Los Angeles. The cost, if any, of recording these documents shall be borne by Developer.

15.13 No Waiver. No waiver of any provision of this Agreement shall be effective unless in writing and signed by a duly authorized representative of the Party against whom enforcement of a waiver is sought and referring expressly to this Section

15.13. No delay or omission by either Party in exercising any right or power accruing upon non-compliance or failure to perform by the other Party under any of the provisions of this Agreement shall impair any such right or power or be construed to be a waiver thereof, except as expressly provided herein. No waiver by either Party of any of the covenants or conditions to be performed by the other Party shall be construed or deemed 43 10.D.d
Packet Pg. 1002 Attachment: SMP Cinemas Development Agreement - Council Mtg 4-22-14 (5685 : Dissolution of Santa Monica Place Movie Theater a waiver of any succeeding breach or nonperformance of the same or other covenants and conditions hereof of this Agreement.

15.14 Construction of this Agreement. The Parties agree that each Party and its legal counsel have reviewed and revised this Agreement and that any rule of construction to the effect that ambiguities are to be resolved against the drafting Party shall not apply in the interpretation of this Agreement or any amendments or exhibits thereto.

15.15 Other Governmental Approvals. Developer may apply for such other permits and approvals as may be required for development of the Project in accordance with this Agreement from other governmental or quasi-governmental agencies having jurisdiction over the Property. The City shall reasonably cooperate with Developer in its endeavors to obtain such permits and approvals.

15.15.1 Further Assurances; Covenant to Sign Documents.

Each Party shall take all actions and do all things, and execute, with acknowledgment or affidavit, if required, any and all documents and writings, which may be necessary or proper to achieve the purposes and objectives of this Agreement.

15.15.2 Processing. Upon satisfactory completion by Developer of all required preliminary actions and payments of appropriate processing fees, if any, the City shall, subject to all legal requirements, promptly initiate, diligently process, and complete at the earliest possible time all required steps, and expeditiously act upon any approvals and permits necessary for the development by Developer of the Project in accordance with this Agreement, including, but not limited to, the following:
(a) the processing of applications for and issuing of all Discretionary Approvals requiring the exercise of judgment and deliberation by City; (b) the holding of any required public hearings; and
(c) the processing of applications for and issuing of all City Technical Permits requiring the determination of conformance with the Existing Regulations.

15.15.3 No Revocation. The City shall not revoke or
subsequently disapprove any approval or future approval for the development of the Project or the Property once issued by the City provided that the development of the Project or the Property is in accordance with such approval. Any disapproval by the City shall state in writing the reasons for such disapproval and the suggested actions to be taken in order for approval to be granted.

15.15.4 Processing During Third Party Litigation. If any third party lawsuit is filed against the City or Developer relating to this Agreement or to other development issues affecting the Property, the City shall not delay or stop the development, processing or construction of the Property, or issuance of the City Technical Permits, unless the third party obtains a court order preventing the activity.

Notwithstanding the foregoing and without prejudice to the provisions of Section 15.8(c), 44 10.D.d
Packet Pg. 1003 Attachment: SMP Cinemas Development Agreement - Council Mtg 4-22-14 (5685 : Dissolution of Santa Monica Place Movie Theater after service on the City or Developer of the initial petition or complaint challenging this Agreement or the Project, the Developer may apply to the Planning Director for a tolling of the applicable deadlines for Developer to otherwise comply with this Agreement.

Within 40 days after receiving such an application, the Planning Director shall either toll the time period for up to five years during the pendency of the litigation or deny the requested tolling.

15.15.5 State, Federal or Case Law. Where any state, federal or case law allows the City to exercise any discretion or take any act with respect to that law, the City shall, in an expeditious and timely manner, at the earliest possible time, (i) exercise its discretion in such a way as to be consistent with, and carry out the terms of, this Agreement and (ii) take such other actions as may be necessary to carry out in good faith the terms of this Agreement.

15.16 Venue. Any legal action or proceeding among the Parties arising out of this Agreement shall be instituted in the Superior Court of the County of Los Angeles, State of California, in any other appropriate court in that County, or in the Federal District Court in the Central District of California.

15.17 Exhibits. The following exhibits which are part of this Agreement are attached hereto and each of which is incorporated herein by this reference as though set forth in full:

Exhibit “A” Legal Description of the Property
Exhibit “B” Project Plans
Exhibit “C” Permitted Fees and Exactions
Exhibit “D” Mitigation Measures and Conditions
Exhibit “E” SMMC Article 9 (Planning and Zoning)
Exhibit “F-1” Local Hiring Program for Construction
Exhibit “F-2” Local Hiring Program for Permanent Employment Exhibit “G-1” Map of Work Area
Exhibit "G-2" Construction Drawings for Work
Exhibit “H” Construction Mitigation Plan
Exhibit “I” Assignment and Assumption Agreement
Exhibit “J” Conditions for Sale of Alcoholic Beverages
Except as to the Project Plans (attached hereto as Exhibit B) which shall be treated in accordance with Section 2.1 above, the text of this Agreement shall prevail in the event that any inconsistencies exist between the Exhibits and the text of this Agreement.
45 10.D.d
Packet Pg. 1004 Attachment: SMP Cinemas Development Agreement - Council Mtg 4-22-14 (5685 : Dissolution of Santa Monica Place Movie Theater

15.18 Counterpart Signatures. The Parties may execute this Agreement on separate signature pages which, when attached hereto, shall constitute one complete Agreement.

15.19 Certificate of Performance. Upon the completion of the Project, or any phase thereof, or upon performance of this Agreement or its earlier revocation and termination, the City shall provide Developer, upon Developer’s request, with a statement (“Certificate of Performance”) evidencing said completion, termination or revocation and the release of Developer from further obligations hereunder, except for any further obligations which survive such completion, termination or revocation. The Certificate of Performance shall be signed by the appropriate agents of Developer and the City and shall be recorded against title to the Property in the official records of Los Angeles County, California. Such Certificate of Performance is not a notice of completion as referred to in California Civil Code Section 3093.

15.20 Interests of Developer. Developer represents to the City that, as of the Effective Date, it is the owner of the entire Property, subject to encumbrances, easements, covenants, conditions, restrictions, and other matters of record.

15.21 Operating Memoranda. The provisions of this Agreement require a close degree of cooperation between the City and Developer. During the Term of this Agreement, clarifications to this Agreement and the Existing Regulations may be appropriate with respect to the details of performance of the City and Developer. If and when, from time to time, during the term of this Agreement, the City and Developer agree that such clarifications are necessary or appropriate, they shall effectuate such clarification through operating memoranda approved in writing by the City and Developer, which, after execution, shall be attached hereto and become part of this Agreement and the same may be further clarified from time to time as necessary with future written approval by the City and Developer. Operating memoranda are not intended to and cannot constitute an amendment to this Agreement but mere ministerial clarifications, therefore public notices and hearings shall not be required for any operating memorandum. The City Attorney shall be authorized, upon consultation with, and approval of, Developer, to determine whether a requested clarification may be effectuated pursuant to the execution and delivery of an operating memorandum or whether the requested clarification is of such character to constitute an amendment of this Agreement which requires compliance with the provisions of Section 8.1 above. The authority to enter into such operating memoranda is hereby delegated to the City Manager and the City Manager is hereby authorized to execute any operating memoranda hereunder without further action by the City Council.

15.22 Acknowledgments, Agreements and Assurance on the Part of Developer.

15.22.5 Developer’s Faithful Performance. The Parties acknowledge and agree that Developer’s faithful performance in developing the Project on the Property and in constructing and installing certain public improvements pursuant to this Agreement and complying with the Existing Regulations will fulfill substantial public needs. The City acknowledges and agrees that there is good and valuable consideration to 46 10.D.d
Packet Pg. 1005 Attachment: SMP Cinemas Development Agreement - Council Mtg 4-22-14 (5685 : Dissolution of Santa Monica Place Movie Theater the City resulting from Developer’s assurances and faithful performance thereof and that same is in balance with the benefits conferred by the City on the Project. The Parties further acknowledge and agree that the exchanged consideration hereunder is fair, just and reasonable. Developer acknowledges that the consideration is reasonably related to the type and extent of the impacts of the Project on the community and the Property, and further acknowledges that the consideration is necessary to mitigate the direct and indirect impacts caused by Developer on the Property.

15.22.6 Obligations to be Non-Recourse. As a material element of this Agreement, and in partial consideration for Developer’s execution of this Agreement, the Parties each understand and agree that the City’s remedies for breach of the obligations of Developer under this Agreement shall be limited as described in Sections 11.2 through

11.4 above.

15.23 Not a Public Dedication. Nothing in this Agreement shall be deemed to be a gift or dedication of the Property, or of the Project, or any portion thereof, to the general public, for the general public, or for any public use or purpose whatsoever, it being the intention and understanding of the Parties that this Agreement be strictly limited to and for the purposes herein expressed for the development of the Project as private property.

Developer shall have the right to prevent or prohibit the use of the Property, or the Project, or any portion thereof, including common areas and buildings and improvements located thereon, by any person for any purpose inimical to the development of the Project, including without limitation to prevent any person or entity from obtaining or accruing any prescriptive or other right to use the Property or the Project.

15.24 Other Agreements. The City acknowledges that certain additional agreements may be necessary to effectuate the intent of this Agreement and facilitate development of the Project. The City Manager or his/her designee is hereby authorized to prepare, execute, and record those additional agreements. 47 10.D.d
Packet Pg. 1006 Attachment: SMP Cinemas Development Agreement - Council Mtg 4-22-14 (5685 : Dissolution of Santa Monica Place Movie Theater

15.25 Severability and Termination. If any provision of this Agreement is determined by a court of competent jurisdiction to be invalid or unenforceable, or if any provision of this Agreement is superseded or rendered unenforceable according to any law which becomes effective after the Effective Date, the remainder of this Agreement shall be effective to the extent the remaining provisions are not rendered impractical to perform, taking into consideration the purposes of this Agreement.

This Agreement is executed by the Parties on the date first set forth above and is made effective on and as of the Effective Date.

DEVELOPER:

MACERICH SMP LP,
a Delaware limited partnership
By: MACERICH SMP GP LLC,
a Delaware limited liability company,
its general partner
By: _____________________________
Name: ___________________________
Title: ____________________________
CITY:

CITY OF SANTA MONICA
ATTEST: a municipal corporation
________________________ By: ________________________
SARAH P. GORMAN ROD GOULD
City Clerk City Manager
APPROVED AS TO FORM:
________________________

MARSHA JONES MOUTRIE
City Attorney
48 10.D.d
Packet Pg. 1007 Attachment: SMP Cinemas Development Agreement - Council Mtg 4-22-14 (5685 : Dissolution of Santa Monica Place Movie Theater

EXHIBIT
A
LEGAL DESCRIPTION OF PROPERTY A-1

10.D.d
Packet Pg. 1008 Attachment: SMP Cinemas Development Agreement - Council Mtg 4-22-14 (5685 : Dissolution of Santa Monica Place Movie Theater

EXHIBIT
B
PROJECT PLANS B-1

10.D.d
Packet Pg. 1009 Attachment: SMP Cinemas Development Agreement - Council Mtg 4-22-14 (5685 : Dissolution of Santa Monica Place Movie Theater

EXHIBIT C

PERMITTED FEES AND EXACTIONS

1. Developer shall pay the following fees and charges that are within the City’s jurisdiction and at the rate in effect at the time payments are made:
(a) Upon submittal for Architectural Review Board (ARB) review, Developer shall pay City fees for processing of ARB applications; (b) Upon submittal for plan check, Developer shall pay City plan check fees; (c) Prior to issuance of construction permits, Developer shall pay the following City fees and all other standard fees imposed on similar development projects:
• Building, Plumbing, Mechanical, Electrical, Grading, Seismic Mapping, Excavation and Shoring Permit fees (collected by Building & Safety) • Shoring Tieback fee (collected by EPWM)
• Construction and Demolition (C&D) Waste Management fee (SMMC Section 7.60.020) (collected by EPWM) (collected by EPWM) • Wastewater Capital Facilities Fee (SMMC Section 7.04.460) (collected by EPWM)
• Water Capital Facilities Fee & Water Meter Instillation fee (Water Meter Permit fee) (SMMC Section 7.12.090) (collected by EPWM) • Fireline Meter fee (SMMC Section 7.12.090) (collected by EPWM) (d) Upon inspection of the Project during the course of construction, City inspection fees.

These fees shall be reimbursed to Developer in accordance with the City’s standard practice should Developer not proceed with development of the Project.

2. Prior to issuance of permits for any construction work in the public right-of-way, or use of public property, Developer shall pay the following City fees:
• Use of Public Property Permit fees (SMMC 7.04.670) (EPWM) C-1

10.D.d
Packet Pg. 1010 Attachment: SMP Cinemas Development Agreement - Council Mtg 4-22-14 (5685 : Dissolution of Santa Monica Place Movie Theater • Utility Excavation Permit fee (SMMC 7.04.010) (EPWM)
• Street Permit fee (SMMC 7.04.790) (EPWM)

3. The Developer shall reimburse the City for its actual costs to monitor environmental mitigation measures. The City shall bill the Developer for staff time and any material used pursuant to the hourly fees in effect at the time monitoring is performed. Developer shall submit payment to the City within 30 days.

4. Developer shall reimburse the City for its ongoing actual costs to monitor the project’s compliance with this Development Agreement. The City shall bill Developer for staff time and any material used pursuant to the hourly fees in effect at the time monitoring is performed. Developer shall submit payment to the City within 30 days.

C-2

10.D.d
Packet Pg. 1011 Attachment: SMP Cinemas Development Agreement - Council Mtg 4-22-14 (5685 : Dissolution of Santa Monica Place Movie Theater

EXHIBIT D

MITIGATION MEASURERS AND CONDITIONS OF APPROVAL

SECTION A - MITIGATION MEASURES
Mitigation Measure
TRAF-1: Construction Impact Mitigation Plan. The Applicant shall prepare, implement, and maintain a Construction Impact Mitigation Plan which shall be designed to:
• Minimize traffic impacts on the surrounding roadway network. • Maintain two lanes of traffic, unobstructed, in both the northbound and southbound direction on 4th Street for the duration of the project. • Ensure no work encroaches into existing bus stop on southbound 4th Street. • Minimize parking impacts both to public parking and access to private parking. • Ensure safety for both those constructing the project and the surrounding community.
• Prevent truck traffic through residential neighborhoods by establishing truck routes that utilize non-residential streets.
• Ensure coordination with the Exposition Light Rail line (Expo LRT) Downtown Santa Monica station, Gas Company, Southern California Edison, Colorado Esplanade, and other nearby construction projects such as the approved 5th and Colorado Hotel projects. The Construction Impact Mitigation Plan shall be subject to review and approval by the following City departments: Public Works Department, Santa Monica Fire Department, Planning and Community Development (Transportation Engineering and Management Division), and Santa Monica Police Department to ensure that the Plan has been designed in accordance with this mitigation measure. This review shall occur prior to building permit issuance for the Project. It shall at a minimum, include the following:
• A detailed traffic control plan for work zones shall be implemented which includes, at a minimum temporary parking and travel lane configurations; warning, regulatory, guide and directional signage; and area sidewalks, bicycle lanes and parking lanes (i.e. Temporary Traffic Control Plans). The plan shall include specific information regarding the Project’s construction activities that may disrupt normal pedestrian and traffic flow, temporary close lanes, and the measures to address these disruptions. Such plans must be submitted to, reviewed and D-1

10.D.d
Packet Pg. 1012 Attachment: SMP Cinemas Development Agreement - Council Mtg 4-22-14 (5685 : Dissolution of Santa Monica Place Movie Theater approved by the Public Works Department and the Transportation Engineering and Management Division prior to building permit issuance and implemented in accordance with this approval, as a part of standard permitting processes for work occurring within the public right-of-way (i.e. Use of Public Property Permit process). Note that the process for submittal, review, and approval of Temporary Traffic Control Plans is separate from the Use of Public Property Permit process and has specific requirements.
• Work within the public right-of-way shall be performed between 9:00 AM and 4:00 PM, including demolition material hauling and construction material delivery. Any requests for work before or after normal construction hours within the public right-of-way shall be subject to review and approval through the After Hours Permit process administered by the Building and Safety Division.
• Streets and equipment should be cleaned in accordance with Santa Monica’s established Environmental and Public Works Management (“EPWM”) requirements.
• Trucks shall only travel on a City approved construction route. • Materials and equipment should be minimally visible to the public; the preferred location for materials is to be on-site, with a minimum amount of materials within a work area in the public right-of-way, subject to a current Use of Public Property permit.

Project Coordination Elements that shall be implemented prior to commencement of construction:
• The Applicant will coordinate with the City’s Public Works Department and the Transportation Engineering and Management Division to ensure that temporary lane restrictions associated with the Expo LRT, Colorado Esplanade, and 5th and Colorado Hotel projects do not occur in manner that significantly obstructs traffic flow on Colorado Avenue or 4th Street.
• The Applicant shall advise the traveling public of impending construction activities (e.g., information signs, portable message signs, media listing/notification).
• The Applicant shall specify a direct contact person (name, cell phone, and email) who can represent the contractor(s) for all construction-related activities that will occur within the public right-of-way. The contact person shall provide weekly updates to Transportation Engineering and Management Division staff on planned construction activities and associated work within the public right-of-way for the D-2

10.D.d
Packet Pg. 1013 Attachment: SMP Cinemas Development Agreement - Council Mtg 4-22-14 (5685 : Dissolution of Santa Monica Place Movie Theater forthcoming weeks. The Applicant shall notify Transportation Engineering and Management Division staff of any changes to the designated contact person in writing at least seven (7) days prior to making and personnel changes. • The Applicant shall obtain a Use of Public Property Permit for any construction work requiring lane closures, encroachment into public rights-of-way, detours or any other work within the public right-of-way.
• The Applicant shall provide timely notification of construction schedules to all affected agencies (e.g., Big Blue Bus, Police Department, Fire Department, Public Works Department, and Planning and Community Development Department) and to all owners and residential and commercial tenants of property within a radius of 500 feet of the construction site.

SECTION B
Project Specific Conditions

1. The project shall provide the Significant Project Features and LUCE Community Benefits as established in Section 2.7 of this Agreement.

2. Developer shall submit to the City a written consent to the height of the Project, as proposed in this Agreement, or, alternatively, a written waiver of the height limitation in the Amendment to and Restatement of Construction, Operation and Reciprocal Easement Agreement, dated July 28, 2010, by and among Macerich Santa Monica LLC, a Delaware limited liability company, Bloomingdale’s, Inc., an Ohio corporation, and the Redevelopment Agency of the City of Santa Monica.

3. The following conditions shall apply to rooftop satellite antennas that have transmit capability (but shall not apply to receive only satellite antennas):
(a) After transmitter and antenna system optimization, but prior to unattended operations of this project, the permittee or its representative must conduct on-site post-installation RF emissions testing to demonstrate actual compliance with the FCC regulations (47 C.F.R. § 1.1307 et seq) and FCC OET Bulletin 65 RF emissions safety rules for General Population/Uncontrolled RF exposure in all sectors. For this testing, the transmitter shall be operating in continuous wave mode at maximum operating power, and the testing shall occur outwards to a distance where the RF emissions no longer exceed the Uncontrolled/General Population limit.
(b) The Permittee (i.e., the Theater Operator) shall place and maintain permanent physical barriers (e.g. chains affixed to permanently anchored poles about 5 feet tall) placed at the point just beyond the 100% uncontrolled/general population D-3

10.D.d
Packet Pg. 1014 Attachment: SMP Cinemas Development Agreement - Council Mtg 4-22-14 (5685 : Dissolution of Santa Monica Place Movie Theater limit as determined in C Special Condition 1 bracketing the entirety of the controlled zone in front of the antennas.
(c) If members of the General Population are required to be in the controlled zone in front the antennas within the physical barrier described in Special Condition 2, other than to transit the controlled zone area (i.e., to perform maintenance or repairs on the air conditioning units or roof area, etc. within the controlled zone), the permittee shall coordinate signal transmissions from this antenna site during the entire work period to ensure compliance with the FCC rules. (d) The Permittee shall place and maintain permanent RF Caution sign in English and Spanish on the access ladder security gate. The signage must be a minimum of 8” wide by 12” high, compliant with the FCC OET Bulletin 65 or ANSI C95.2 for color, symbol and content conventions; and be visible to anyone prior to accessing the roof. The signage required by this condition shall at all times provide a working local or toll-free telephone number to the antenna control point to reach a live person who can exert transmitter power-down control over the site as required by the FCC. The location of the signs must be visible immediately prior entering the physical barrier described in Special Condition 2. (e) Installation and Periodic Safety Monitoring. After installation of the facility, but prior to final inspection approval, and annually thereafter, the Permittee shall submit to the Zoning Administrator a certification attested to by a qualified professional engineer licensed in the State of California or other technical expert approved by the City, that the facility is and will be operated within the applicable FCC standards for radio frequency (“RF”) emissions (47 C.F.R. § 1.1307 et seq) taking into account other existing and new RF emitters, and other relevant data required by the City. All technical analysis used to determine FCC compliance shall be provided with the certification. Such periodic reports shall be on a form and format acceptable to the City. The City may request, and the Permittee shall promptly provide, further information or clarification in connection with such periodic reports.
(f) Community Liaison Officer. Within 10 days of the effective date of this authorization, the Permittee shall appoint a Community Liaison Officer to resolve issues of concern to neighbors and residents relating to the construction and operation of the facility. Upon appointment, the Permittee shall report in writing the name, address and telephone number of this officer to the Zoning Administrator. The Community Liaison Officer shall report to the Zoning Administrator the issues, if any, that are of concern to the community and how they have been resolved by the Permittee, and those issues have not been resolved by the Permittee. This report shall be submitting in writing upon receiving a request for information or complaint.
(g) Emissions Compliance. Full initial and ongoing compliance with all FCC RF safety rules (47 C.F.R. § 1.1307 et seq) and in FCC OET Bulletin 65 as either D-4

10.D.d
Packet Pg. 1015 Attachment: SMP Cinemas Development Agreement - Council Mtg 4-22-14 (5685 : Dissolution of Santa Monica Place Movie Theater may be amended or superseded or replaced is a continuing material requirement and condition of this permit.
(h) Out of Service. If operation of the antenna structure is abandoned for a continuous period of six months or more, all components of the facility shall be removed. Portions of the building damaged or discolored by removal of the equipment shall be repaired in a manner that restores the building to its prior condition, subject to approval by the Director of Planning and Community Development. Re-installation of a new antenna structure shall necessitate the filing of a new Use Permit application.
(i) Implementation and Monitoring Costs. The Permittee or its successors shall be responsible for the prompt reimbursement to the City of all reasonable costs associate with the monitoring of the conditions of approval contained in this determination, including costs incurred by the City. The Department of Planning and Community Development shall collect such costs on behalf of the City. The Permittee shall be responsible for the payment of all fees associated with the installation and removal of the subject facility.
(j) The testing in Condition 3(a) above must be coordinated with and may be observed by the City or its representative. The test measurement observations shall be recorded in a written report prepared by the permittee or its contractor and shall specify the location of the measurement, the peak measured signal strength in units of mW/cm2
, and shall be correlated to the plan view of the
project plans at page A-1. The report shall also provide full measurement equipment identification, current calibration certificate(s) for all equipment, and the qualifications of the person(s) conducting the tests. (k) The permittee shall tender its written report documenting the testing and observations as in Condition 3(a) to the City for review prior to unattended operations of its project. The City shall within ten (10) business days notify the permittee by writing whether the testing demonstrates compliance with FCC OET Bulletin 65 RF emissions safety standards under the General Population/Uncontrolled standard, and such notification shall not be unreasonably withheld. Upon the City’s notification, the permittee may commence unattended operation of its project.
(l) The permittee shall promptly reimburse the City for all of the City’s actual costs in observing the testing and reviewing the report for compliance with the FCC OET Bulletin 65 RF safety requirements, and if necessary for verifying any subsequent remedial measures required to secure areas on the roof as required in these conditions.
(m) Once each calendar year at 12 month intervals, commencing between twelve and thirteen months after the date of testing required in Condition 1, an authorized officer of the permittee shall certify in writing to the City under penalty of perjury D-5

10.D.d
Packet Pg. 1016 Attachment: SMP Cinemas Development Agreement - Council Mtg 4-22-14 (5685 : Dissolution of Santa Monica Place Movie Theater that the facility’s emissions continue in full compliance with the FCC OET Bulletin 65 RF safety requirements and all of the conditions in this permit, and all physical barriers and signage are in place and in good condition.

4. The following conditions shall apply to all rooftop satellite antennas:
(a) Architectural Review. The Architectural Review Board shall review the equipment cabinets and antenna structures to determine whether screening is necessary. If determined to be necessary, the final design and screening shall be subject to review and approval by the Architectural Review Board, prior to issuance of a Building Permit; provided, however, that such screening shall not be required to the extent it obstructs or interferes with transmission or reception.

Whether or not screening is required by the Architectural Review Board, the facility, including all antennas, associated electrical and mechanical equipment, and cable trays, shall be painted to match the color of the existing building or structure upon which it is located.
(b) The display of any sign or any other graphics on an antenna is prohibited except for public safety warnings.

5. The Architectural Review Board shall pay attention to the placement of the roof parapet to minimize visibility from Fourth Street and Colorado Avenue.

CITY PLANNING
Administrative Conditions

6. In the event Developer violates or fails to comply with any conditions of approval of this permit, no further permits, licenses, approvals or certificates of occupancy shall be issued until such violation has been fully remedied.

Conformance with Approved Plans

7. This approval is for those plans dated XXX, a copy of which shall be maintained in the files of the City Planning Division. Project development shall be consistent with such plans, except as otherwise specified in these conditions of approval.

8. Minor amendments to the plans shall be subject to approval by the Director of Planning. A significant change in the approved concept shall be subject to review as provided in the Development Agreement. Construction shall be in conformance with the plans submitted or as modified in accordance with the Development Agreement.

D-6

10.D.d
Packet Pg. 1017 Attachment: SMP Cinemas Development Agreement - Council Mtg 4-22-14 (5685 : Dissolution of Santa Monica Place Movie Theater

9. Except as otherwise provided by the Development Agreement, project plans shall be subject to complete Code Compliance review when the building plans are submitted for plan check and shall comply with all applicable provisions of Article IX of the Municipal Code and all other pertinent ordinances and General Plan policies of the City of Santa Monica prior to building permit issuance.
[Conditions 10 to 20 intentionally omitted.]
Fees

21. No building permit shall be issued for the project until the developer complies with the requirements of Part 9.04.10.20 of the Santa Monica Municipal Code, Private Developer Cultural Arts Requirement. If the developer elects to comply with these requirements by providing on-site public art work or cultural facilities, no final City approval shall be granted until such time as the Director of the Community and Cultural Services Department issues a notice of compliance in accordance with Part 9.04.10.20.

Project Operations

22. The operation shall at all times be conducted in a manner not detrimental to surrounding properties or residents by reason of lights, noise, activities, parking or other actions.

23. The project shall at all times comply with the provisions of the Noise Ordinance (SMMC Chapter 4.12).

Final Design

24. Plans for final design, landscaping, screening, trash enclosures, and signage shall be subject to review and approval by the Architectural Review Board pursuant to Article 6 above.

25. Refuse areas, storage areas and mechanical equipment shall be screened in accordance with SMMC Section 9.04.10.02.130, 140, and 150. Refuse areas shall be of a size adequate to meet on-site need, including recycling. The Architectural Review Board in its review shall pay particular attention to the screening of such areas and equipment. Any rooftop mechanical equipment shall be minimized in height and area, and shall be located in such a way as to minimize noise and visual impacts to surrounding properties. Unless otherwise approved by the Architectural Review Board, rooftop mechanical equipment shall be located at least five feet from the edge of the roof. Except for solar hot water heaters, no residential water heaters shall be located on the roof.

26. No gas or electric meters shall be located within the required front or street side yard setback areas. The Architectural Review Board in its review shall pay particular attention to the location and screening of such meters.

D-7

10.D.d
Packet Pg. 1018 Attachment: SMP Cinemas Development Agreement - Council Mtg 4-22-14 (5685 : Dissolution of Santa Monica Place Movie Theater

27. Prior to consideration of the project by the Architectural Review Board, the applicant shall review disabled access requirements with the Building and Safety Division and make any necessary changes in the project design to achieve compliance with such requirements. The Architectural Review Board, in its review, shall pay particular attention to the aesthetic, landscaping, and setback impacts of any ramps or other features necessitated by accessibility requirements.

28. As appropriate, the Architectural Review Board shall require the use of antigraffiti materials on surfaces likely to attract graffiti.

Construction Plan Requirements

29. Final building plans submitted for approval of a building permit shall include on the plans a list of all permanent mechanical equipment to be placed indoors which may be heard outdoors.

Construction Period

30. Any construction related activity in the public right-of-way will be required to acquire the approvals by the City of Santa Monica, including but not limited to:

Use of Public Property Permits, Sewer Permits, Excavation Permits, Alley Closure Permits, Street Closure Permits, and Temporary Traffic Control Plans.

31. Vehicles hauling dirt or other construction debris from the site shall cover any open load with a tarpaulin or other secure covering to minimize dust emissions.

Immediately after commencing dirt removal from the site, the general contractor shall provide the City of Santa Monica with written certification that all trucks leaving the site are covered in accordance with this condition of approval.

32. During demolition, excavation, and construction, this project shall comply with SCAQMD Rule 403 to minimize fugitive dust and associated particulate emission, as applicable, including but not limited to the following:
(a) All material excavated or graded shall be sufficiently watered to prevent excessive amounts of dust. Watering shall occur at least three times daily with complete coverage, preferably at the start of the day, in the late morning, and after work is done for the day.
(b) All grading, earth moving, or excavation activities shall cease during periods of high winds (i.e., greater than 20 mph measured as instantaneous wind gusts) so as to prevent excessive amounts of dust. (c) Soils stockpiles shall be covered.
(d) Onsite vehicle speeds shall be limited to 15 mph.

D-8

10.D.d
Packet Pg. 1019 Attachment: SMP Cinemas Development Agreement - Council Mtg 4-22-14 (5685 : Dissolution of Santa Monica Place Movie Theater (e) Wheel washers shall be installed where vehicles enter and exit the construction site onto paved roads or wash off trucks and any equipment leaving the site each trip.
(f) An appointed construction relations officer shall act as a community liaison concerning onsite construction activity including resolution of issues related to PM10 generation.
(g) Streets shall be swept at the end of the day using SCAQMD Rule 1186 certified street sweepers or roadway washing trucks if visible soil is carried onto adjacent public paved roads (recommend water sweepers with reclaimed water).
(h) All active portions the construction site shall be sufficiently watered three times a day to prevent excessive amounts of dust.

Developer shall prepare a notice, subject to the review by the Director of Planning and Community Development, that lists all construction mitigation requirements, permitted hours of construction, and identifies a contact person at City Hall as well as the developer who will respond to complaints related to the proposed construction. The notice shall be mailed to property owners and residents of the neighborhood within 1000’ of the Project at least five (5) days prior to the start of construction.

33. A sign shall be posted on the property in a manner consistent with the public hearing sign requirements which shall identify the address and phone number of the owner and/or applicant for the purposes of responding to questions and complaints during the construction period. Said sign shall also indicate the hours of permissible construction work.

34. Developer shall coordinate meetings with the management of neighboring residential buildings such as the Salvation Army facility at 1533 4th Street and the mixed use residential building at 1541 4th Street to seek solutions to minimize noise impacts. Additionally, neighboring residents shall be notified of the construction schedule and upcoming high level noise events.

35. A copy of these conditions shall be posted in an easily visible and accessible location at all times during construction at the project site. The pages shall be laminated or otherwise protected to ensure durability of the copy.

36. No construction-related vehicles may be parked on the street at any time or on the subject site during periods of peak parking demand. All construction-related vehicles must be parked for storage purposes at on offsite location on a private lot for the duration of demolition and construction. The offsite location shall be approved as part of the Department of Public Works review of the construction period mitigation plan and by the Department of City Planning if a Temporary Use Permit is required.

D-9

10.D.d
Packet Pg. 1020 Attachment: SMP Cinemas Development Agreement - Council Mtg 4-22-14 (5685 : Dissolution of Santa Monica Place Movie Theater

37. Construction period signage shall be subject to the approval of the Architectural Review Board.

Standard Conditions

38. Mechanical equipment shall not be located on the side of any building which is adjacent to a residential building on the adjoining lot, unless otherwise permitted by applicable regulations. Roof locations may be used when the mechanical equipment is installed within a sound-rated parapet enclosure.

39. Final approval of any mechanical equipment installation will require a noise test in compliance with SMMC Section 4.12.040. Equipment for the test shall be provided by the owner or contractor and the test shall be conducted by the owner or contractor. A copy of the noise test results on mechanical equipment shall be submitted to the Community Noise Officer for review to ensure that noise levels do not exceed maximum allowable levels for the applicable noise zone.

40. The property owner shall insure any graffiti on the site is promptly removed through compliance with the City’s graffiti removal program.

Condition Monitoring

41. The applicant authorizes reasonable City inspections of the property to ensure compliance with the conditions of approval imposed by the City in approving this project and will bear the reasonable cost of these inspections.

BIG BLUE BUS

42. Developer shall notify the Theater Operator in writing as part of their lease or rental agreement that the City envisions a network of transit services in the Downtown area that may result in public transit services operating on any street in the Downtown area, both on streets currently used by transit or through expansion of service to streets not currently utilized by transit. In addition, new bus stops or bus layover zones may be established on these streets for regular use by either the Big Blue Bus or other fixed route or specialized transit operators. On-street parking may be removed at any time to create a bus zone in an appropriate location for safe vehicular movement and passenger safety regardless of business or residential adjacency.

OFFICE OF SUSTAINABILITY AND THE ENVIRONMENT

43. Developer shall enroll the property in the Savings By Design incentive program where available through Southern California Edison prior to submittal of plans for Architectural Review. Developer shall execute an incentive agreement with Southern California Edison prior to the issuance of a building permit.

44. The project shall comply with requirements in section 8.106 of the Santa Monica Municipal code, which adopts by reference the California Green Building D-10

10.D.d
Packet Pg. 1021 Attachment: SMP Cinemas Development Agreement - Council Mtg 4-22-14 (5685 : Dissolution of Santa Monica Place Movie Theater Standards Code and which adds local amendments to that Code. In addition, the project shall meet the landscape water conservation and construction and demolition waste diversion requirements specified in Section 8.108 of the Santa Monica Municipal Code.

PUBLIC WORKS
General Conditions

45. Developer shall be responsible for the payment of the following Public Works Department (PWD) permit fees prior to issuance of a building permit:
a. Water Services
b. Wastewater Capital Facility
c. Water Demand Mitigation
d. Fire Service Connection
e. Tieback Encroachment
f. Encroachment of on-site improvements into public right-of-way g. Construction and Demolition Waste Management – If the valuation of a project is at least $50,000 or if the total square feet of the project is equal to or greater than 1000 square feet, then the owner or contractor is required to complete and submit a Waste Management Plan. All demolition projects are required to submit a Waste Management Plan. A performance deposit is collected for all Waste Management Plans equal to 3% of the project value, not to exceed $30,000. All demolition only permits require a $1,000 deposit or $1.00 per square foot, whichever is the greater of the two.

Some of these fees shall be reimbursed to developer in accordance with the City’s standard practice should Developer not proceed with development of the Project.

In order to receive a refund of the Construction and Demolition performance deposit, the owner or contractor must provide receipts of recycling 70% of all materials listed on the Waste Management Plan.

46. Any work or use of the public right-of-way including any proposed encroachments of on-site improvements into the public right-of-way will require a permit from the Public Works Department (PWD) - Administrative Services Division.

47. Plans and specifications for all offsite improvements shall be prepared by a Registered Civil Engineer licensed in the State of California for approval by the City Engineer prior to issuance of a building permit.

48. Immediately after demolition and during construction, a security fence, the height of which shall be the maximum permitted by the Zoning Ordinance, shall be D-11

10.D.d
Packet Pg. 1022 Attachment: SMP Cinemas Development Agreement - Council Mtg 4-22-14 (5685 : Dissolution of Santa Monica Place Movie Theater maintained around the perimeter of the lot. The lot shall be kept clear of all trash, weeds, etc.

49. A sign shall be posted on the property in a manner consistent with the public hearing sign requirements, which shall identify the address and phone number of the owner, developer and contractor for the purposes of responding to questions and complaints during the construction period. Said sign shall also indicate the hours of permissible construction work.

50. Prior to the demolition of any existing structure, the applicant shall submit a report from an industrial hygienist to be reviewed and approved as to content and form by the Building & Safety Division. The report shall consist of a hazardous materials survey for the structure proposed for demolition. The report shall include a section on asbestos and in accordance with the South Coast AQMD Rule 1403, the asbestos survey shall be performed by a state Certified Asbestos Consultant (CAC). The report shall include a section on lead, which shall be performed by a state Certified Lead Inspector/Assessor. Additional hazardous materials to be considered by the industrial hygienist shall include: mercury (in thermostats, switches, fluorescent light), polychlorinated biphenyls (PCBs) (including light Ballast), and fuels, pesticides, and batteries.

Water Resources

51. Connections to the sewer or storm drains require a sewer permit from the PWD - Civil Engineering Division. Connections to storm drains owned by Los Angeles County require a permit from the L.A. County Department of Public Works.

52. Parking areas and structures and other facilities generating wastewater with potential oil and grease content are required to pretreat the wastewater before discharging to the City storm drain or sewer system. Pretreatment will require that a clarifier or oil/water separator be installed and maintained on site.

53. If the project involves dewatering, developer/contractor shall contact the LA Regional Water Quality Control Board (RWQCB) to obtain an NPDES Permit for discharge of groundwater from construction dewatering to surface water. For more information refer to: http://www.waterboards.ca.gov/losangeles/ and search for Order # R4-2003-0111.

54. Developer shall not directly connect to a public storm drain pipe or direct site drainage to the public alley.

55. All existing sanitary sewer “house connections” to be abandoned, shall be removed and capped at the “Y” connections.

56. The fire services and domestic services 3-inches or greater must be above ground, on the applicant’s site, readily accessible for testing. Commercial or residential units are required to either have an individual water meter or a master meter with sub-meters.

D-12

10.D.d
Packet Pg. 1023 Attachment: SMP Cinemas Development Agreement - Council Mtg 4-22-14 (5685 : Dissolution of Santa Monica Place Movie Theater

57. Developer is required to meet state cross-connection and potable water sanitation guidelines. Refer to requirements and comply with the cross-connections guidelines available at:
http://www.lapublichealth.org/eh/progs/envirp/ehcross.htm. Prior to issuance of a Certificate of Occupancy, a cross-connection inspection shall be completed.

58. All new restaurants and cooking facilities at the site are required to install Gravity Grease Interceptors to pretreat wastewater containing grease. The minimum capacity of the interceptor shall be determined by using table 10-3 of the 2007 Uniform Plumbing Code, Section 1014.3. All units shall be fitted with a standard final-stage sample box. The 2007 Uniform Plumbing Code guideline in sizing Gravity Grease Interceptors is intended as a minimum requirement and may be increased at the discretion of PWD, Water Resources Protection Program.

59. Plumbing fixtures that meet the standards for 20% water use reduction specified in the California Green Building Standards Code are required on all new development and remodeling where plumbing is to be added.

Urban Water Runoff Mitigation
Public Streets & Right-of-Way

60. Unless otherwise approved by the PWD, all sidewalks shall be kept clear and passable during the grading and construction phase of the project.

Resource Recovery and Recycling

61. Development plans must show the refuse and recycling (RR) area dimensions to demonstrate adequate and easily accessible area. If the RR area is completely enclosed, then lighting, ventilation and floor drain connected to sewer will be required. Section 9.04.10.02.151 of the SMMC has dimensional requirements for various sizes and types of projects. Developments that place the RR area in subterranean garages must also provide a bin staging area on their property for the bins to be placed for collection.

62. Contact Resource Recovery and Recycling RRR division to obtain dimensions of the refuse recycling enclosure.

63. Prior to issuance of a building permit, submit a Waste Management Plan, a map of the enclosure and staging area with dimensions and a recycling plan to the RRR Division for its approval. The State of California AB 341 requires any multifamily building housing 5 units or more to have a recycling program in place for its tenants. All commercial businesses generating 4 cubic yards of trash per week must also have a recycling program in place for its employees and D-13

10.D.d
Packet Pg. 1024 Attachment: SMP Cinemas Development Agreement - Council Mtg 4-22-14 (5685 : Dissolution of Santa Monica Place Movie Theater clients/customers. Show compliance with these requirements on the building plans. Visit the Resource Recovery and Recycling (RRR) website or contact the RRR Division for requirements of the Waste Management Plan and to obtain the minimum dimensions of the refuse recycling enclosure. The recycling plan shall include:
h. List of materials such as white paper, computer paper, metal cans, and glass to be recycled;
i. Location of recycling bins;
j. Designated recycling coordinator;
k. Nature and extent of internal and external pick-up service; l. Pick-up schedule; and
m. Plan to inform tenants/ occupants of service.

Construction Period Mitigation

64. A construction period mitigation plan shall be prepared by the applicant for approval by the PWD prior to issuance of a building permit. The approved mitigation plan shall be posted on the site for the duration of the project construction and shall be produced upon request. As applicable, this plan shall:
n. Specify the names, addresses, telephone numbers and business license numbers of all contractors and subcontractors as well as the developer and architect;
o. Describe how demolition of any existing structures is to be accomplished; p. Indicate where any cranes are to be located for erection/construction; q. Describe how much of the public street, alleyway, or sidewalk is proposed to be used in conjunction with construction;
r. Set forth the extent and nature of any pile-driving operations; s. Describe the length and number of any tiebacks which must extend under the public right-of-way and other private properties;
t. Specify the nature and extent of any dewatering and its effect on any adjacent buildings;
u. Describe anticipated construction-related truck routes, number of truck trips, hours of hauling and parking location;
v. Specify the nature and extent of any helicopter hauling; w. State whether any construction activity beyond normally permitted hours is proposed;
x. Describe any proposed construction noise mitigation measures, including measures to limit the duration of idling construction trucks; D-14

10.D.d
Packet Pg. 1025 Attachment: SMP Cinemas Development Agreement - Council Mtg 4-22-14 (5685 : Dissolution of Santa Monica Place Movie Theater y. Describe construction-period security measures including any fencing, lighting, and security personnel;
z. Provide a grading and drainage plan;
aa. Provide a construction-period parking plan which shall minimize use of public streets for parking;
bb. List a designated on-site construction manager;
cc. Provide a construction materials recycling plan which seeks to maximize the reuse/recycling of construction waste;
dd. Provide a plan regarding use of recycled and low-environmental-impact materials in building construction; and
ee. Provide a construction period urban runoff control plan.

Air Quality

65. Dust generated by the development activities shall be kept to a minimum with a goal of retaining dust on the site through implementation of the following measures recommended by the SCAQMD Rule 403 Handbook, as applicable:
• During clearing, grading, earth moving, excavation, or transportation of cut or fill materials, water trucks or sprinkler systems are to be used to the extent necessary to prevent dust from leaving the site and to create a crust after each day’s activities cease.
• Vehicles hauling dirt or other construction debris from the site shall cover any open load with a tarpaulin or other secure covering to minimize dust emissions. Immediately after commencing dirt removal from the site, the general contractor shall provide the City with written certification that all trucks leaving the site are covered in accordance with this condition of approval.
• During clearing, grading, earth moving, excavation, or transportation of cut or fill materials, streets and sidewalks within 150 feet of the site perimeter shall be swept and cleaned a minimum of twice weekly or as frequently as required by the PWD.
• During construction, water trucks or sprinkler systems shall be used to keep all areas of vehicle movement damp enough to prevent dust from leaving the site. At a minimum, this would include wetting down such areas in the later morning and after work is completed for the day and whenever wind exceeds 15 miles per hour.
• Soil stockpiled for more than two days shall be covered, kept moist, or treated with soil binders to prevent dust generation.

D-15

10.D.d
Packet Pg. 1026 Attachment: SMP Cinemas Development Agreement - Council Mtg 4-22-14 (5685 : Dissolution of Santa Monica Place Movie Theater

66. Construction equipment used on the site shall meet the following conditions in order to minimize NOx and ROC emissions:
• Diesel-powered equipment such as booster pumps or generators should be replaced by electric equipment to the extent feasible; and • The operation of heavy-duty construction equipment shall be limited to no more than 5 pieces of equipment at one time.

Noise Attenuation

67. All diesel equipment shall be operated with closed engine doors and shall be equipped with factory-recommended mufflers.

68. Electrical power shall be used to run air compressors and similar power tools.

FIRE
General Requirements
The following comments are to be included on plans, if applicable.

Requirements are based on the California Fire Code (CFC), the Santa Monica Municipal Code (SMMC) and the California Building Code (CBC).

California Fire Code/ Santa Monica Fire Department Requirements

69. A fire apparatus access road shall be provided to within 150 feet of all exterior walls of the first floor of the building. The route of the fire apparatus access road shall be approved by the fire department. The 150 feet is measured by means of an unobstructed route around the exterior of the building.

70. Apparatus access roads shall have a minimum unobstructed width of 20 feet. A minimum vertical clearance of 13 feet 6 inches shall be provided for the apparatus access roads.

71. Dead-end fire apparatus access roads in excess of 150 feet in length shall be provided with an approved means for turning around the apparatus.

72. A “Knox” key storage box shall be provided for ALL new construction. For buildings, other than high-rise, a minimum of 3 complete sets of keys shall be provided. Keys shall be provided for all exterior entry doors, fire protection equipment control equipment rooms, mechanical and electrical rooms, elevator D-16

10.D.d
Packet Pg. 1027 Attachment: SMP Cinemas Development Agreement - Council Mtg 4-22-14 (5685 : Dissolution of Santa Monica Place Movie Theater controls and equipment spaces, etc. For high-rise buildings, 6 complete sets are required.

73. Santa Monica Municipal Code Chapter 8 section 8.44.050 requires an approved automatic fire sprinkler system in ALL new construction and certain remodels or additions. Any building that does not have a designated occupant and use at the time fire sprinkler plans are submitted for approval, the system shall be designed and installed to deliver a minimum density of not less than that required for ordinary hazard, Group 2, with a minimum design area of not less than three thousand square feet. Plans and specifications for fire sprinkler systems shall be submitted and approved prior to system installation.

74. Buildings four or more stories in height shall be provided with not less than one standpipe during construction.

75. The standpipe(s) shall be installed before the progress of construction is more than 35- feet above grade. Two-and-one-half-inch valve hose connections shall be provided at approved, accessible locations adjacent to useable stairs. Temporary standpipes shall be capable of delivering a minimum demand of 500 gpm at 100- psi residual pressure. Pumping equipment shall be capable of providing the required pressure and volume.

76. Provide Multipurpose Dry Chemical type fire extinguishers with a minimum rating of 2A-10B:C. Extinguishers shall be located on every floor or level.

Maximum travel distance from any point in space or building shall not exceed 75 feet. Extinguishers shall be mounted on wall or installed in cabinet no higher than 4 ft. above finished floor and plainly visible and readily accessible or signage shall be provided.

77. An automatic fire extinguishing system complying with UL 300 shall be provided to protect commercial-type cooking or heating equipment that produces greaseladen vapors. A separate plan submittal is required for the installation of the system and shall be in accordance with UFC Article 10, NFPA 17A and NFPA

96. Provide a Class “K” type portable fire extinguisher within 30 feet the kitchen appliances emitting grease-laden vapors.

78. Every building and/or business suite is required to post address numbers that are visible from the street and alley. Address numbers shall be a minimum of six (6) inches in height and contrast with their background. Suite or room numbers shall be a minimum of four (4) inches in height and contrast with their background.

Santa Monica Municipal Code Chapter 8 Section 8.48.130 (l) (1)

79. When more than one exit is required they shall be arranged so that it is possible to go in either direction to a separate exit, except deadends not exceeding 20 feet, and 50 feet in fully sprinklered buildings.

80. Exit and directional signs shall be installed at every required exit doorway, intersection of corridors, exit stairways and at other such locations and intervals D-17

10.D.d
Packet Pg. 1028 Attachment: SMP Cinemas Development Agreement - Council Mtg 4-22-14 (5685 : Dissolution of Santa Monica Place Movie Theater as necessary to clearly indicate the direction of egress. This occupancy/use requires the installation of approved floor level exit pathway marking. Exit doors shall be openable from the inside without the use of a key, special effort or knowledge.

81. Show ALL door hardware intended for installation on Exit doors.

82. In buildings two stories or more in height an approved floor plan providing emergency procedure information shall be posted at the entrance to each stairway, in every elevator lobby, and immediately inside all entrances to the building. The information shall be posted so that it describes the represented floor and can be easily seen upon entering the floor level or the building. Required information shall meet the minimum standards established in the Santa Monica Fire Department, Fire Prevention Division, information sheet entitled “Evacuation Floor Plan Signs.” (California Code of Regulations Title 19 Section 3.09)

83. Stairway Identification shall be in compliance with CBC 1022.8

84. In buildings two stories in height at least one elevator shall conform to the California Building Code Chapter 30 section 3003.5a for General Stretcher Requirements for medical emergency use.
ff. The elevator entrance shall not be less than 42 inches wide by 72 inches high.
gg. The elevator car shall have a minimum clear distance between walls excluding return panels of not less than 80 inches by 54 inches. hh. Medical emergency elevators shall be identified by the international symbol (star of life) for emergency elevator use. The symbol shall be not less than 3-inches in size.

85. Storage, dispensing or use of any flammable or combustible liquids, flammable compressed gases or other hazardous materials shall comply with the Uniform Fire Code. The Santa Monica Fire Department prior to any materials being stored or used on site shall approve the storage and use of any hazardous materials.

Complete and submit a “Consolidated Permit Application Package.” Copies may be obtained by calling (310) 458-8915.

86. Alarm-initiating devices, alarm-notification devices and other fire alarm system components shall be designed and installed in accordance with the appropriate standards of Chapter 35 of the Building Code, and the National Fire Alarm Code NFPA 72. The fire alarm system shall include visual notification appliances for warning the hearing impaired. Approved visual appliances shall be installed in ALL rooms except private (individual) offices, closets, etc.

87. An approved fire alarm system shall be installed as follows:

D-18

10.D.d
Packet Pg. 1029 Attachment: SMP Cinemas Development Agreement - Council Mtg 4-22-14 (5685 : Dissolution of Santa Monica Place Movie Theater

88. Group A Occupancies with an occupant load of 1,000 or more shall be provided with a manual fire alarm system and an approved prerecorded message announcement using an approved voice communication system. Emergency power shall be provided for the voice communication system.

89. Group E Occupancies having occupant loads of 50 or more shall be provided with an approved manual fire alarm system.

90. Group R-1, R-2 Apartment houses containing 16 or more dwelling units, in building three or more stories in height R-2.1 and R-4 Occupancies shall be provided with a manual alarm system. Smoke detectors shall be provided in all common areas and interior corridors of required exits. Recreational, laundry, furnace rooms and similar areas shall be provided with heat detectors.

91. Plans and specifications for fire alarm systems shall be submitted and approved prior to system installation
Santa Monica Fire Department - Fire Prevention Policy Number 5-1 Subject: Fire Apparatus Access Road Requirements
Scope: This policy identifies the minimum standards for apparatus access roads required by California Fire Code, Section 503, if applicable.

Application

92. Fire apparatus access roads shall comply with the following minimum standards:
ii. The minimum clear width shall be not less than 20 feet. No parking, stopping or standing of vehicles is permitted in this clear width. jj. When fire hydrants or fire department connections to fire sprinkler systems are located on fire apparatus access roads the minimum width shall be 26 feet. This additional width shall extend for 20 feet on each side of the centerline of the fire hydrant or fire department connection. kk. The minimum vertical clearance shall be 13 feet, 6 inches. ll. The minimum turn radius for all access road turns shall be not less than 39 feet for the inside radius and 45 feet for the outside radius. mm. Dead-end access roads in excess of 150 feet in length shall be provided with either a 96 feet diameter “cul-de-sac,” 60 foot “Y” or 120-foot “hammerhead” to allow the apparatus to turn.
nn. The surface shall be designed and maintained to support the imposed loads of at least 75,000-pound and shall be “all-weather.” An “all-weather” surface is asphalt, concrete or other approved driving surface capable of supporting the load.

93. Gates installed on fire apparatus access roads shall comply with the following:

D-19

10.D.d
Packet Pg. 1030 Attachment: SMP Cinemas Development Agreement - Council Mtg 4-22-14 (5685 : Dissolution of Santa Monica Place Movie Theater oo. The width of any gate installed on a fire apparatus access road shall be a minimum of 20 feet.
pp. Gates may be of the swinging or sliding type.
qq. Gates shall be constructed of materials that will allow for manual operation by one person.
rr. All gate components shall be maintained in an operative condition at all times and shall be repaired or replaced when defective. ss. Electric gates shall be equipped with a means of opening the gate by fire department personnel for emergency access. The Fire Prevention Division shall approve emergency opening devices.
tt. Manual opening gates may be locked with a padlock, as long it is accessible to be opened by means of forcible entry tools. uu. The Fire Prevention Division shall approve locking device specification.

94. Fire apparatus access roads shall be marked with permanent NO PARKING – FIRE LANE CVC SECTION 22500.1. Signs shall have a minimum dimension of 12 inches wide and 18 inches high having red letters on a white reflective background.

D-20

10.D.d
Packet Pg. 1031 Attachment: SMP Cinemas Development Agreement - Council Mtg 4-22-14 (5685 : Dissolution of Santa Monica Place Movie Theater vv. Fire apparatus access roads signs and placement shall comply with the following:
i. Fire Apparatus access roads 20 to 26 feet wide must be posted on both sides as a fire lane.
ii. Fire Apparatus access roads 26 to 32 feet wide must be posted on one side as a fire lane.

95. Buildings or facilities exceeding 30 feet in height or more than 3 stories in height shall have at least 2 fire apparatus access roads for each structure.

96. Fire apparatus access roads for commercial and industrial development shall comply with the following:
iii. Buildings or facilities exceeding 30 feet in height or more than 3 stories in height shall have at least 2 means of fire apparatus access for each structure.
iv. Buildings or facilities having a gross floor area of more than 62,000 square feet shall be provided with 2 fire apparatus access roads. v. When two access roads are required, they shall be placed a distance apart equal to not less than one half of the length of the maximum overall diagonal dimension of the property or area to be accessed measured in a straight line between access.

97. Aerial apparatus access roads shall comply with the following:
vi. Buildings or portions of buildings or facilities exceeding 30 feet in height from the lowest point of Fire Department access shall be provided shall be provided with approved apparatus access roads capable of accommodating aerial apparatus.
vii. Apparatus access roads shall have a minimum width of 26 feet in the immediate vicinity of any building or portion of a building more than 30 feet in height.
viii. At least one of the required access roads meeting this condition shall be located within a minimum of 15 feet and maximum of 30 feet from the building and shall be a positioned parallel to one entire side of the building.

California Building Code / Santa Monica Fire Department Requirements Occupancy Classification and Division
• If a change in occupancy or use, identify the existing and all proposed new occupancy classifications and uses
D-21

10.D.d
Packet Pg. 1032 Attachment: SMP Cinemas Development Agreement - Council Mtg 4-22-14 (5685 : Dissolution of Santa Monica Place Movie Theater • Assembly (A-1, A-2, A-3), Business (B), Mercantile (M), Residential (R), etc. • Include all accessory uses
Building Height
• Height in feet
• Number of stories
• Detail increase in allowable height
• Type I (II-FR.) buildings housing Group B office or Group R, Division 1 Occupancies each having floors used for human occupancy located more than 55 feet above the lowest level of fire department vehicle access shall comply with CBC Section 403.
a. Automatic sprinkler system.
b. Smoke-detection systems.
c. Smoke control system conforming to Chapter 9 section 909. d. Fire alarm and communication systems.

1. Emergency voice alarm signaling system.

2. Fire department communication system.
e. Central control station. (96 square feet minimum with a minimum dimension of 8’ ft)
f. {omitted}
g. Elevators.
h. Standby power and light and emergency systems.
i. Exits.
j. Seismic consideration.

Total Floor Area of Building or Project
• Basic Allowable Floor Area
• Floor Area for each room or area
• Detail allowable area increase calculations
Corridor Construction
• Type of Construction
• Detail any and all code exceptions being used
Occupant Load Calculations
D-22

10.D.d
Packet Pg. 1033 Attachment: SMP Cinemas Development Agreement - Council Mtg 4-22-14 (5685 : Dissolution of Santa Monica Place Movie Theater • Occupancy Classification for each room or area.
• Occupant Load Calculation for each room or area based on use or occupancy • Total Proposed Occupant Load
Means of Egress
• Exit width calculations
• Exit path of travel
• Exit Signage and Pathway Illumination (low level exit signage) Atria - Atria shall comply with CBC Section 404 as follows:
• Atria shall not be permitted in buildings containing Group H Occupancies. • The entire building shall be sprinklered.
• A mechanically operated smoke-control system meeting the requirements of Section 909 and 909.9 shall be installed.
• Smoke detectors shall be installed in accordance with the Fire Code. • Except for open exit balconies within the atrium, the atrium shall be separated from adjacent spaces by one-hour fire-resistive construction. See exceptions to Section 404.6.
• When a required exit enters the atrium space, the travel distance from the doorway of the tenant space to an enclosed stairway, horizontal exit, exterior door or exit passageway shall not exceed 200 feet.
• In other than jails, prisons and reformatories, sleeping rooms of Group I Occupancies shall not have required exits through the atrium. • Standby power shall be provided for the atrium and tenant space smokecontrol system. Sections 404.7 and 909.11. • The interior finish for walls and ceilings of the atrium and all unseparated tenant spaces shall be Class I. Section 404.8.

Atriums of a height greater than 20 feet, measured from the ceiling sprinklers, shall only contain furnishings and decorative materials with potential heat of combustion less than 9,000 Btu’s per pound. All furnishings to comply with California Bureau of Home Furnishings, Technical Bulletin 133, “Flammability Test for Seating Furniture in Public Occupancies.”
All furnishings in public areas shall comply with California Bureau of Home Furnishings, Technical Bulletin 133, “Flammability Test for Seating Furniture in Public Occupancies.” D-23

10.D.d
Packet Pg. 1034 Attachment: SMP Cinemas Development Agreement - Council Mtg 4-22-14 (5685 : Dissolution of Santa Monica Place Movie Theater Los Angeles County Fire
Fire Flow Requirements
I. INTRODUCTION
A. Purpose: To provide Department standards for fire flow, hydrant spacing and specifications.

B. Scope: Informational to the general public and instructional to all individuals, companies, or corporations involved in the subdivision of land, construction of buildings, or alterations and/or installation of fire protection water systems and hydrants.

C. Author: The Deputy Chief of the Prevention Services Bureau through the Assistant Fire Chief (Fire Marshal) of the Fire Prevention Division is responsible for the origin and maintenance of this regulation.

D. Definitions:

1. GPM – gallons per minute

2. psi – pounds per square inch

3. Detached condominiums – single detached dwelling units on land owned in common

4. Multiple family dwellings – three or more dwelling units attached
II. RESPONSIBILITY
A. Land Development Unit

1. The Department’s Land Development Unit shall review all subdivisions of land and apply fire flow and hydrant spacing requirements in accordance with this regulation and the present zoning of the subdivision or allowed land use as approved by the County’s Regional Planning Commission or city planning
department.

B. Fire Prevention Engineering Section

1. The Department’s Fire Prevention Engineering Section shall review building plans and apply fire flow and hydrant spacing requirements in accordance with this regulation.

III. POLICY
A. The procedures, standards, and policies contained herein are provided to ensure the adequacy of, and access to, fire protection water and shall be enforced by all Department personnel.
{remainder of page is blank
}
D-24

10.D.d
Packet Pg. 1035 Attachment: SMP Cinemas Development Agreement - Council Mtg 4-22-14 (5685 : Dissolution of Santa Monica Place Movie Theater IV. PROCEDURES
A. Land development: fire flow, duration of flow, and hydrant spacing The following requirements apply to land development issues such as: tract and parcel maps, conditional use permits, zone changes, lot line adjustments, planned unit developments, etc.

1. Residential
Fire Zones 3
Very High Fire Hazard Severity Zone (VHFHSZ)
Fire Flow Duration
of Flow
Public
Hydrant
Spacing
a. Single family dwelling
and detached condominiums
(1 – 4 Units)
(Under 5,000 square feet)
1,250 GPM 2 hrs. 600 ft.
b.

Detached condominium
(5 or more units)
(Under 5,000 square feet)
1,500 GPM 2 hrs. 300 ft.
c.

Two family dwellings
(Duplexes) 1,500 GPM 2 hrs. 600 ft.

NOTE: FOR SINGLE FAMILY DWELLINGS OVER
5,000
SQUARE FEET. SEE, TABLE 1 FOR FIRE

FLOW REQUIREMENTS PER BUILDING
SIZE.

2. Multiple family dwellings, hotels, high rise, commercial, industrial, etc. a. Due to the undetermined building designs for new land development projects (undeveloped land), the required fire flow shall be: 5,000 GPM 5 hrs. 300 ft.

NOTE: REDUCTION IN FIRE FLOW IN ACCORDANCE
WITH TABLE 1.
b. Land development projects consisting of lots having existing structures shall be in compliance with Table 1 (fire flow per building size). This standard applies to multiple family dwellings, hotels, high rise, commercial, industrial, etc.

NOTE: FIRE FLOWS PRECEDING ARE MEASURED AT
D-25

10.D.d
Packet Pg. 1036 Attachment: SMP Cinemas Development Agreement - Council Mtg 4-22-14 (5685 : Dissolution of Santa Monica Place Movie Theater 20 POUNDS PER SQUARE INCH RESIDUAL
PRESSURE.

B. Building plans
The Department’s Fire Prevention Engineering Section shall review building plans and apply fire flow requirements and hydrant spacing in accordance with the following:

1. Residential
Building Occupancy Classification
a. Single family dwellings - Fire Zone 3 (Less than 5,000 square feet) Fire Flow
Duration
of Flow
Public Hydrant
Spacing
On a lot of one acre or more 750 GPM 2 hrs. 600 ft.

On a lot less than one acre 1,250 GPM 2 hrs 600 ft.
b. Single family dwellings – VHFHSZ (Less than 5,000 square feet) On a lot of one acre or more 1,000 GPM 2 hrs. 600 ft.

On a lot less than one acre 1,250 GPM 2 hrs 600 ft.

NOTE: FOR SINGLE FAMILY DWELLINGS GREATER THAN 5,000

SQUARE FEET IN AREA SEE TABLE
Fire Flow
Duration
of Flow
Public Hydrant
Spacing
c. Two family dwellings – VHFHSZ (Less than 5,000 square feet) Duplexes 1,500 GPM 2 hrs 600 ft.

2. Mobile Home Park
a. Recreation Buildings Refer to Table 1 for fire flow according to building size.
b. Mobile Home Park 1,250 GPM 2 hrs 600 ft.

D-26

10.D.d
Packet Pg. 1037 Attachment: SMP Cinemas Development Agreement - Council Mtg 4-22-14 (5685 : Dissolution of Santa Monica Place Movie Theater

3. Multiple residential, apartments, single family residences (greater than 5,000 square feet), private schools, hotels, high rise, commercial, industrial, etc. (R-1, E, B, A, I, H, F, M, S) (see Table 1).

C. Public fire hydrant requirements

1. Fire hydrants shall be required at intersections and along access ways as spacing requirements dictate

2. Spacing
a. Cul-de-sac
When cul-de-sac depth exceeds 450’ (residential) or
200’ (commercial), hydrants shall be required at midblock. Additional hydrants will be required if hydrant spacing exceeds specified distances.
b. Single family dwellings
Fire hydrant spacing of 600 feet
NOTE: The following guidelines shall be used in
meeting single family dwellings hydrant
spacing requirements:
(1) Urban properties (more than one unit per acre):

No portion of lot frontage should be more than
450’ via vehicular access from a public hydrant.
(2) Non-Urban Properties (less than one unit per acre):

No portion of a structure should be placed on a
lot where it exceeds 750’ via vehicular access
from a properly spaced public hydrant that meets
the required fire flow.
c. All occupancies
Other than single family dwellings, such as commercial, industrial, multi-family dwellings, private schools,
institutions, detached condominiums (five or more
units), etc.

Fire hydrant spacing shall be 300 feet.

NOTE:The following guidelines shall be used in
meeting the hydrant spacing requirements.
(1) No portion of lot frontage shall be more than
200 feet via vehicular access from a public hydrant.
(2) No portion of a building should exceed 400 feet
via vehicular access from a properly spaced public
hydrant.
d. Supplemental fire protection
When a structure cannot meet the required public
hydrant spacing distances, supplemental fire protection shall be required.

D-27

10.D.d
Packet Pg. 1038 Attachment: SMP Cinemas Development Agreement - Council Mtg 4-22-14 (5685 : Dissolution of Santa Monica Place Movie Theater NOTE: Supplemental fire protection is not limited to
the installation of on-site fire hydrants; it may include automatic extinguishing systems.

3. Hydrant location requirements - both sides of a street Hydrants shall be required on both sides of the street whenever:
a. Streets having raised median center dividers that make access to hydrants difficult, causes time delay, and/or creates undue hazard. b. For situations other than those listed in “a” above, the Department’s inspector’s judgment shall be used. The following items shall be considered when determining hydrant locations:
(1) Excessive traffic loads, major arterial
route, in which traffic would be difficult to
detour.
(2) Lack of adjacent parallel public streets in
which traffic could be redirected (e.g.,
Pacific Coast Highway).
(3) Past practices in the area.
(4) Possibility of future development in the
area.
(5) Type of development (i.e., flag-lot units,
large apartment or condo complex, etc.).
(6) Accessibility to existing hydrants
(7) Possibility of the existing street having a
raised median center divider in the near
future.

D. On-Site Hydrant Requirements

1. When any portion of a proposed structure exceeds (via vehicular access) the allowable distances from a public hydrant and on-site hydrants are required, the following spacing requirements shall be met:
a. Spacing distance between on-site hydrants shall be 300 to 600 feet. (1) Design features shall assist in allowing
distance modifications.
b. Factors considered when allowing distance modifications. (1) Only sprinklered buildings qualify for the
maximum spacing of 600 feet.
(2) For non-sprinklered buildings,
consideration should be given to fire
protection, access doors, outside storage,
etc. Distance between hydrants should not
exceed 400 feet.

2. Fire flow
a. All on-site fire hydrants shall flow a minimum of 1,250 gallons per minute at 20 psi for a duration of two hours. If more than one onsite fire hydrant is required, the on-site fire flow shall be at least D-28

10.D.d
Packet Pg. 1039 Attachment: SMP Cinemas Development Agreement - Council Mtg 4-22-14 (5685 : Dissolution of Santa Monica Place Movie Theater 2,500 gallons per minute at 20 psi, flowing from two hydrants simultaneously. On site flow may be greater depending upon the size of the structure and the distance from public hydrants.

NOTE: ONE OF THE TWO HYDRANTS TESTED SHALL BE

THE FARTHEST FROM THE PUBLIC WATER
SOURCE.

3. Distance from structures
All on-site hydrants shall be installed a minimum of 25 feet from a structure or protected by a two-hour firewall.

4. Shut-off valves
All on-site hydrants shall be equipped with a shut-off (gate) valve, which shall be located as follows:
a. Minimum distance to the hydrant 10 feet.
b. Maximum distance from the hydrant 25 feet

5. Inspection of new installations
All new on-site hydrants and underground installations are subject to inspection of the following items by a representative of the Department:
a. Piping materials and the bracing and support thereof. b. A hydrostatic test of 200 psi for two hours.
c. Adequate flushing of the installation.
d. Flow test to satisfy required fire flow.
(1) Hydrants shall be painted with two coats of red primer and one coat of red paint, with the exception of the stem and threads, prior to flow test and acceptance of the system.

6. Maintenance
It shall be the responsibility of the property management company, the homeowners association, or the property owner to maintain onsite hydrants. a. Hydrants shall be painted with two coats of red primer and one coat of red, with the exception of the stem and threads, prior to flow test and acceptance of the system.
b. No barricades, walls, fences, landscaping, etc., shall be installed or planted within three feet of a fire hydrant.

E. Public Hydrant Flow Procedure
The minimum acceptable flow from any existing public hydrant shall be 1,000 GPM unless the required fire flow is less. Hydrants used to satisfy fire flow requirements will be determined by the following items:

1. Only hydrants that meet spacing requirements are acceptable for meeting fire flow requirements.

2. In order to meet the required fire flow:
a. Flow closest hydrant and calculate to determine flow at 20 pounds per square inch residual pressure. If the calculated flow does not meet the fire flow requirement, the next closest D-29

10.D.d
Packet Pg. 1040 Attachment: SMP Cinemas Development Agreement - Council Mtg 4-22-14 (5685 : Dissolution of Santa Monica Place Movie Theater hydrant shall be flowed simultaneously with the first
hydrant, providing it meets the spacing requirement, etc. b. If more than one hydrant is to be flowed in order to meet the required fire flow, the number of hydrants shall be flowed as follows:

One hydrant 1,250 GPM and below
Two hydrants 1,251– 3,500 GPM flowing simultaneously
Three hydrants 3,501– 5,000 GPM flowing simultaneously
F. Hydrant Upgrade Policy

1. Existing single outlet 2 1/2” inch hydrants shall be upgraded to a double outlet 6” x 4” x 2 1/2” hydrant when the required fire flow exceeds 1,250 GPM.

2. An upgrade of the fire hydrant will not be required if the required fire flow is between the minimum requirement of 750 gallons per minute, up to and including 1,250 gallons per minute, and the existing public water system will provide the required fire flow through an existing wharf fire hydrant.

3. All new required fire hydrant installations shall be approved 6” x 4” x 2 1/2” fire hydrants.

4. When water main improvements are required to meet GPM flow, and the existing water main has single outlet 2 1/2” fire hydrant(s), then a hydrant(s) upgrade will be required. This upgrade shall apply regardless of flow requirements.

5. The owner-developer shall be responsible for making the necessary arrangements with the local water purveyor for the installation of all public facilities.

6. Approved fire hydrant barricades shall be installed if curbs are not provided (see Figures 1, 2, and 3 following on pages 11 and 12).

G. Hydrant Specifications
All required public and on-site fire hydrants shall be installed to the following specifications prior to flow test and acceptance of the system.

1. Hydrants shall be:
a. Installed so that the center line of the lowest outlet is between 14 and 24 inches above finished grade
b. Installed so that the front of the riser is between 12 and 24 inches behind the curb face
c. Installed with outlets facing the curb at a 45-degree angle to the curb line if there are double outlet hydrants
d. Similar to the type of construction which conforms to current A.W.W.A. Standards
e. Provided with three-foot unobstructed clearance on all sides. f. Provided with approved plastic caps
g. Painted with two coats of red primer and one coat of traffic signal yellow for public hydrants and one coat of red for onsite hydrants, with the exception of the stems and threads

2. Underground shut-off valves are to be located:

D-30

10.D.d
Packet Pg. 1041 Attachment: SMP Cinemas Development Agreement - Council Mtg 4-22-14 (5685 : Dissolution of Santa Monica Place Movie Theater a. A minimum distance of 10 feet from the hydrant
b. A maximum distance of 25 feet from the hydrant
Exception: Location can be less than 10 feet when the water main is already installed and the 10-foot minimum distance cannot be satisfied.

3. All new water mains, laterals, gate valves, buries, and riser shall be a minimum of six inches inside diameter.

4. When sidewalks are contiguous with a curb and are five feet wide or less, fire hydrants shall be placed immediately behind the sidewalk. Under no circumstances shall hydrants be more than six feet from a curb line.

5. The owner-developer shall be responsible for making the necessary arrangements with the local water purveyor for the installation of all public facilities.

6. Approved fire hydrant barricades shall be installed if curbs are not provided (see Figures 1, 2, and 3 following on pages 11 and 12).

D-31

10.D.d
Packet Pg. 1042 Attachment: SMP Cinemas Development Agreement - Council Mtg 4-22-14 (5685 : Dissolution of Santa Monica Place Movie Theater Barricade/Clearance Details
Figure1
Figure2
D-32

10.D.d
Packet Pg. 1043 Attachment: SMP Cinemas Development Agreement - Council Mtg 4-22-14 (5685 : Dissolution of Santa Monica Place Movie Theater Figure 3
Notes:

1. Constructed of steel not less than four inches in diameter, six inches if heavy truck traffic is anticipated, schedule 40 steel and concrete filled.

2. Posts shall be set not less than three feet deep in a concrete footing of not less than 15 inches in diameter, with the top of the posts not less than three feet above ground and not less than three feet from the hydrant

3. Posts, fences, vehicles, growth, trash storage and other materials or things shall not be placed or kept near fire hydrants in a manner that would prevent fire hydrants from being immediately discernable.

4. If hydrant is to be barricaded, no barricade shall be constructed in front of the hydrant outlets (Figure 2, shaded area).

5. The exact location of barricades may be changed by the field inspector during a field inspection.

6. The steel pipe above ground shall be painted a minimum of two field coats of primer.

7. Two finish coats of “traffic signal yellow” shall be used for fire hydrant barricades.

8. Figure 3 shows hydrant hook up during fireground operations. Notice apparatus (hydra-assist-valve) connected to hydrant and the required area. Figure 3 shows the importance of not constructing barricades or other obstructions in front of hydrant outlets.

D-33

10.D.d
Packet Pg. 1044 Attachment: SMP Cinemas Development Agreement - Council Mtg 4-22-14 (5685 : Dissolution of Santa Monica Place Movie Theater I. Blue reflective hydrant markers replacement policy

1. Purpose: To provide information regarding the replacement of blue reflective hydrant markers, following street construction or repair work.
a. Fire station personnel shall inform Department of Public Works Road Construction Inspectors of the importance of the blue reflective hydrant markers, and encourage them to enforce their Department permit requirement, that streets and roads be returned to their original condition, following construction or repair work.
b. When street construction or repair work occurs within this Department’s jurisdiction, the nearest Department of Public Works Permit Office shall be contacted. The location can be found by searching for the jurisdiction office in the “County of Los Angeles Telephone Directory” under “Department of Public Works Road Maintenance Division.” The importance of the blue reflective hydrant markers should be explained, and the requirement encouraged that the street be returned to its original condition, by replacing the hydrant markers.

TABLE 1 *

BUILDING SIZE
(First floor area) Fire Flow* (1) (2) Duration Hydrant Spacing Under 3,000 sq. ft. 1,000 GPM 2 hrs 300 ft
3,000 to 4,999 sq. ft. 1,250 GPM 2 hrs 300 ft
5,000 to 7,999 sq. ft. 1,500 GPM 2 hrs 300 ft
8,000 to 9,999 sq. ft. 2,000 GPM 2 hrs 300 ft
10,000 to 14,999 sq. ft. 2,500 GPM 2 hrs 300 ft
15,000 to 19,999 sq. ft. 3,000 GPM 3 hrs 300 ft
20,000 to 24,999 sq. ft. 3,500 GPM 3 hrs 300 ft
25,000 to 29,999 sq. ft. 4,000 GPM 4 hrs 300 ft
30,000 to 34,999 sq. ft. 4,500 GPM 4 hrs 300 ft
35,000 or more sq. ft. 5,000 GPM 5 hrs 300 ft
* See applicable footnotes below:
(FIRE FLOWS MEASURED AT 20 POUNDS PER SQUARE INCH

RESIDUAL PRESSURE)
(1) Conditions requiring additional fire flow.
a. Each story above ground level - add 500 GPM per story. b. Any exposure within 50 feet - add a total of 500 GPM.

D-34

10.D.d
Packet Pg. 1045 Attachment: SMP Cinemas Development Agreement - Council Mtg 4-22-14 (5685 : Dissolution of Santa Monica Place Movie Theater c. Any high-rise building (as determined by the jurisdictional building code) the fire flow shall be a
minimum of 3,500 GPM for 3 hours at 20 psi.
d. Any flow may be increased up to 1,000 GPM for a hazardous occupancy. (2) Reductions in fire flow shall be cumulative for type of construction and a fully sprinklered building. The following allowances and/or additions may be made to standard fire flow requirements:
a. A 25% reduction shall be granted for the following types of construction:

Type I-F.R, Type II-F.R., Type II one-hour, Type II-N, Type III one-hour, Type III-N, Type IV, Type IV one hour, and Type V one-hour. This reduction shall be automatic and credited on all projects using these types of construction. Credit will not be given for Type V-N structures (to a minimum of 2,000 GPM available fire flow).
b. A 25% reduction shall be granted for fully sprinklered buildings (to a minimum of 2,000 GPM available fire flow).
c. When determining required fire flows for structures that total 70,000 square feet or greater, such flows shall not be reduced below 3,500 GPM at 20 psi for three hours.

D-35

10.D.d
Packet Pg. 1046 Attachment: SMP Cinemas Development Agreement - Council Mtg 4-22-14 (5685 : Dissolution of Santa Monica Place Movie Theater

EXHIBIT
E
SMMC ARTICLE9 (PLANNING AND ZONING)
On file with the City Clerk

10.D.d
Packet Pg. 1047 Attachment: SMP Cinemas Development Agreement - Council Mtg 4-22-14 (5685 : Dissolution of Santa Monica Place Movie Theater EXHIBIT F-1

LOCAL HIRING PROGRAM FOR CONSTRUCTION
Local Hiring Policy For Construction. Developer shall implement a local hiring policy (the “Local Hiring Policy”) for construction of the Project, consistent with the following guidelines:

1. Purpose. The purpose of the Local Hiring Policy is to facilitate the employment by Developer and its contractors at the Project of residents of the City of Santa Monica (the “Targeted Job Applicants”), and in particular, those residents who are “Low-Income Individuals” (defined below). This policy applies to job openings (not jobs that are already filled) provided, however, that it does not apply to jobs filled by the rehiring of former employees or the transfer of an existing employee from another location to the Project site.

2. Findings.
a. Approximately 73,000-74,000 individuals work in the City. The City has a resident labor force of approximately 56,800. However, only about onethird (32.2 percent) of the City’s resident labor force works at jobs located in the City, with the balance working outside of the City. Consequently, a significant portion of the City’s resident and non-resident work force is required to commute long distances to find work, causing increased traffic on state highways, increased pollution, increased use of gas and other fuels and other serious environmental impacts.
b. Due to their employment outside of the City, many residents of the City are forced to leave for work very early in the morning and return late in the evening, often leaving children and teenagers alone and unsupervised during the hours between school and the parent return from work outside the area.
c. Absentee parents and unsupervised youth can result in increased problems for families, communities and the City as a whole, including, but not limited to, increased crime, more frequent and serious injuries, poor homework accomplishments, failing grades and increased high school dropout rates.
d. Of the approximately 45,000 households in the City, thirty percent are defined as low-income households or lower, with eleven percent of these households defined as extremely low income and eight percent very low income. Approximately 10.5% of the City’s residents are unemployed.

F-1

10.D.d
Packet Pg. 1048 Attachment: SMP Cinemas Development Agreement - Council Mtg 4-22-14 (5685 : Dissolution of Santa Monica Place Movie Theater e. By ensuring that Targeted Job Applicants are aware of and have a fair opportunity to compete for Project jobs, this local hiring policy will facilitate job opportunities to City residents which would expand the City’s employment base and reduce the impacts on the environment caused by long commuting times to jobs outside the area.

3. Definitions.
a. “Contract” means a contract or other agreement for the providing of any combination of labor, materials, supplies, and equipment to the construction of the Project that will result in On-Site Jobs, directly or indirectly, either pursuant to the terms of such contract or other agreement or through one or more subcontracts.
b. “Contractor” means a prime contractor, a sub-contractor, or any other entity that enters into a Contract with Developer for any portion or component of the work necessary to construct the Project (excluding architectural, design and other “soft” components of the construction of the Project).
c. “Low Income Individual” means a resident of the City of Santa Monica whose household income is no greater than 80% of the Median Income. d. “Median Income” means the median income for the Los Angeles-Long Beach Primary Metropolitan Statistical Area, as published from time to time by the City in connection with its Affordable Housing Production Program pursuant to SMMC Section 9.56.
e. “On-Site Jobs” means all jobs by a Contractor under a Contract for which at least fifty percent (50%) of the work hours for such job requires the employee to be at the Project site, regardless of whether such job is in the nature of an employee or an independent contractor. On-Site Jobs shall not include jobs at the Project site which will be performed by the Contractor’s (including Theater Operator’s FF&E contractors’ and subcontractors’) established work crew who have not been hired specifically to work at the Project site.

4. Priority for Targeted Job Applicants. Subject to Section Error! Reference source not found. below in this Exhibit ”F-1,” the Local Hiring Policy provides that the Targeted Job Applicants shall be considered for each On-Site Job in the following order of priority:
a. First Priority: Any resident of a household with no greater than 80% Median Income that resides within the Low and Moderate Income Areas indicated on the map attached to this Exhibit F-1;
b. Second Priority: Any resident of a household with no greater than 80% Median Income that resides within the City; and
F-2

10.D.d
Packet Pg. 1049 Attachment: SMP Cinemas Development Agreement - Council Mtg 4-22-14 (5685 : Dissolution of Santa Monica Place Movie Theater c. Third Priority: Any resident of a household with no greater than 80% Median Income that resides within a five (5) mile radius of the project site.

5. Coverage. The Local Hiring Policy shall apply to all hiring for On-Site Jobs related to the construction of the Project, by Developer and its Contractors.

6. Outreach. So that Targeted Job Applicants are made aware of the availability of On-Site Jobs, Developer or its Contractors shall advertise available On-Site Jobs in the Santa Monica Daily Press or similar local newspaper, or similar local media and electronically on a City-sponsored website, if such a resource exists.

In addition, Developer shall consult with and provide written notice to at least two first source hiring organizations, which may include but are not limited to the following:
(i) Local first source hiring programs
(ii) Trade unions
(iii) Apprenticeship programs at local colleges
(iv) Santa Monica educational institutions
(v) Other non-profit organizations involved in referring eligible applicants for job opportunities

7. Hiring. Developer and its prime contractor shall consider in good faith all applications submitted by Targeted Job Applicants for On-Site Jobs, in accordance with their respective normal hiring practices. The City acknowledges that the Contractors shall determine in their respective subjective business judgment whether any particular Targeted Job Applicant is qualified to perform the On-Site Job for which such Targeted Job Applicant has applied.

8. Term. The Local Hiring Policy shall continue to apply to the construction of the Project until the earlier of the issuance of a temporary or final certificate of occupancy for the Project by the City.

F-3

10.D.d
Packet Pg. 1050 Attachment: SMP Cinemas Development Agreement - Council Mtg 4-22-14 (5685 : Dissolution of Santa Monica Place Movie Theater F
-4

10.D.d
Packet Pg. 1051 Attachment: SMP Cinemas Development Agreement - Council Mtg 4-22-14 (5685 : Dissolution of Santa Monica Place Movie Theater EXHIBIT F-2

LOCAL HIRING PROGRAM FOR PERMANENT EMPLOYMENT
Local Hiring Policy For Permanent Employment. The Theater Operator shall implement a local hiring policy (the “Local Hiring Policy”), consistent with the following guidelines:

1. Purpose. The purpose of the Local Hiring Policy is to facilitate the employment by the commercial tenants of the Project of residents of the City of Santa Monica (the “Targeted Job Applicants”), and in particular, those residents who are “Low-Income Individuals” (defined below) by ensuring Targeted Job Applicants are aware of Project employment opportunities and have a fair opportunity to apply and compete for such jobs. The goal of this policy is local hiring. This policy applies to job openings (not jobs that are already filled) provided, however, that it does not apply to jobs filled by the rehiring of former employees or the transfer of an existing employee from another location to the Project site.

F-5

10.D.d
Packet Pg. 1052 Attachment: SMP Cinemas Development Agreement - Council Mtg 4-22-14 (5685 : Dissolution of Santa Monica Place Movie Theater e. By ensuring that Targeted Job Applicants are aware of and have a fair opportunity to compete for Project jobs, this local hiring policy will facilitate job opportunities to City residents which would expand the City’s employment base and reduce the impacts on the environment caused by long commuting times to jobs outside the area.

3. Definitions.
a. Low Income Individual” means a resident of the City of Santa Monica whose household income is no greater than 80% of the Median Income. b. “Median Income” means the median income for the Los Angeles-Long Beach Primary Metropolitan Statistical Area, as published from time to time by the City in connection with its Affordable Housing Production Program pursuant to SMMC Section 9.56.
c. “On-Site Jobs” means all jobs hired by the Theater Operator for which at least 50 percent of the work hours occur on the Project site within the nonresidential uses of greater than 1,500 gross square feet, regardless of whether such job is in the nature of an employee or an independent contractor.
d. “Project Site” means the theater premises only and no other portions of Santa Monica Place.

4. Priority for Targeted Job Applicants. Subject to Section Error! Reference source not found. below in this Exhibit ”F-2,” the Local Hiring Policy provides that the Targeted Job Applicants shall be considered for each On-Site Job in the following order of priority:
a. First Priority: Any resident of a household with no greater than 80% Median Income that resides within the Low and Moderate Income Areas indicated on the map attached to this Exhibit F-2;
b. Second Priority: Any resident of a household with no greater than 80% Median Income that resides within the City; and
c. Third Priority: Any resident of a household with no greater than 80% Median Income that resides within a five (5) mile radius of the project site.

For purposes of this Local Hiring Policy, the employer is authorized to rely on the most recent year’s income tax records (W-2) and proof of residency (e.g. driver’s license, utility bill, voter registration) if voluntarily submitted by a prospective job applicant for purposes of assessing a Targeted Job Applicant’s place of residence and income.

5. Coverage. The Local Hiring Policy shall apply to all hiring for On-Site Jobs.

Notwithstanding the foregoing, the Local Hiring Policy shall not apply to F-6

10.D.d
Packet Pg. 1053 Attachment: SMP Cinemas Development Agreement - Council Mtg 4-22-14 (5685 : Dissolution of Santa Monica Place Movie Theater temporary employees utilized while a permanent employee is temporarily absent or while a replacement is being actively sought for a recently-departed permanent employee. Furthermore, the Local Hiring Policy shall not preclude the re-hiring of a prior employee or the transfer of an existing employee from another location.

6. Recruitment.
a. Local Hiring Goal - The Developer has established a local hiring goal for Theater Operator of 40% of the total full and part-time jobs in the Project being held by Santa Monica residents. There shall be no penalties to the Developer, nor shall the Developer be deemed to be in default under the Development Agreement, if such goal is not achieved. The Developer shall report Theater Operator’s actual local hiring results to the City as part of its annual report as mandated by Section 10.2 of the Development Agreement.
b. Advanced Local Recruitment - Initial Hiring for New Business. So that Targeted Job Applicants are made aware of the availability of On-Site Jobs, at least 30 days before recruitment (“Advanced Recruitment Period”) is opened up to general circulation for the initial hiring by a new business, Theater Operator shall advertise available On-Site Jobs in the Santa Monica Daily Press, or Santa Monica Police Activity League or similar organization, or similar local media and electronically on a Citysponsored website, if such a resource exists. In addition, Theater Operator shall consult with and provide written notice to at least two first source hiring organizations, which may include but are not limited to the following:
(i) Local first source hiring programs
(ii) Trade unions
(iii) Apprenticeship programs at local colleges
(iv) Santa Monica educational institutions
(v) Other non-profit organizations involved in referring eligible applicants for job opportunities
c. Advanced Local Recruitment - Subsequent Hiring. For subsequent employment opportunities, the Advanced Recruitment Period for Targeted Job Applicants can be reduced to at least 7 days before recruitment is opened up to general circulation. Alternatively, the Theater Operator may also use an established list of potential Targeted Job Applicants of not more than one year old.
d. Obligations After Completion of Advanced Recruitment Period. Once these advanced local recruitment obligations have been met, Theater F-7

10.D.d
Packet Pg. 1054 Attachment: SMP Cinemas Development Agreement - Council Mtg 4-22-14 (5685 : Dissolution of Santa Monica Place Movie Theater Operator is not precluded from advertising regionally or nationally for employees.

7. Hiring. The Theater Operator shall consider in good faith all applications submitted by Targeted Job Applicants for On-Site Jobs in accordance with their normal practice to hire the most qualified candidate for each position and shall be make good faith efforts to hire Targeted Job Applicants when such Applicants are most qualified or equally qualified as other applicants. The City acknowledges that the Theater Operator shall determine in its subjective business judgment whether any particular Targeted Job Applicant is qualified to perform the On-Site Job for which such Targeted Job Applicant has applied.

8. Proactive Outreach. Theater Operator shall designate a “First-Source Hiring Coordinator” (FHC) that shall manage all aspects of the Local Hiring Policy.

The FHC, who may be an employee of Theater Operator, shall be responsible for actively seeking partnerships with local first-source hiring organizations prior to employment opportunities being available. The FHC shall also be responsible for encouraging and making available information on first-source hiring for the Project. The FHC shall inform Theater Operator of the available resources on first-source hiring. In addition to implementation of the Local Hiring Policy, the FHC can have other work duties unrelated to the Local Hiring Policy.

9. Term. The Local Hiring Policy shall apply for the life of the Project.

10. Condition of Lease. Developer shall include the requirements of this program into any leases executed with the Theater Operator. The FHC shall remind Theater Operator not less than once each calendar quarter of the programs and policies.

Theater Operator shall have ultimate responsibility for adherence to the program guidelines. Failure of the Theater Operator to comply with the requirements of this program shall not constitute a Breach or default by Developer under this Agreement so long as the Theater Operator lease requires such compliance, and Developer is actively pursuing all necessary enforcement actions to bring the Theater Operator into compliance with this lease provision.

F-8

10.D.d
Packet Pg. 1055 Attachment: SMP Cinemas Development Agreement - Council Mtg 4-22-14 (5685 : Dissolution of Santa Monica Place Movie Theater F
-9

10.D.d
Packet Pg. 1056 Attachment: SMP Cinemas Development Agreement - Council Mtg 4-22-14 (5685 : Dissolution of Santa Monica Place Movie Theater F
-10

10.D.d
Packet Pg. 1057 Attachment: SMP Cinemas Development Agreement - Council Mtg 4-22-14 (5685 : Dissolution of Santa Monica Place Movie Theater

EXHIBIT
G-1
Map of Work Area G-1-1

10.D.d
Packet Pg. 1058 Attachment: SMP Cinemas Development Agreement - Council Mtg 4-22-14 (5685 : Dissolution of Santa Monica Place Movie Theater

EXHIBIT G
-2
Construction Drawings for Work G-2-1

10.D.d
Packet Pg. 1059 Attachment: SMP Cinemas Development Agreement - Council Mtg 4-22-14 (5685 : Dissolution of Santa Monica Place Movie Theater

EXHIBIT H

CONSTRUCTION IMPACT MITIGATION PLAN
TRAF-1: Construction Impact Mitigation Plan. The Applicant shall prepare, implement, and maintain a Construction Impact Mitigation Plan which shall be designed to:
• Minimize traffic impacts on the surrounding roadway network. • Maintain two lanes of traffic, unobstructed, in both the northbound and southbound direction on 4th Street for the duration of the project. • Ensure no work encroaches into existing bus stop on southbound 4th Street. • Minimize parking impacts both to public parking and access to private parking. • Ensure safety for both those constructing the project and the surrounding community.
• Prevent truck traffic through residential neighborhoods by establishing truck routes that utilize non-residential streets.
• Ensure coordination with the Exposition Light Rail line (Expo LRT) Downtown Santa Monica station, Gas Company, Southern California Edison, Colorado Esplanade, and other nearby construction projects such as the approved 5th and Colorado Hotel projects. The Construction Impact Mitigation Plan shall be subject to review and approval by the following City departments: Public Works Department, Santa Monica Fire Department, Planning and Community Development (Transportation Engineering and Management Division), and Santa Monica Police Department to ensure that the Plan has been designed in accordance with this mitigation measure. This review shall occur prior to building permit issuance for the Project. It shall at a minimum, include the following:
• A detailed traffic control plan for work zones shall be implemented which includes, at a minimum temporary parking and travel lane configurations; warning, regulatory, guide and directional signage; and area sidewalks, bicycle lanes and parking lanes (i.e. Temporary Traffic Control Plans). The plan shall include specific information regarding the Project’s construction activities that may disrupt normal pedestrian and traffic flow, temporary close lanes, and the measures to address these disruptions. Such plans must be submitted to, reviewed and approved by the Public Works Department and the Transportation Engineering and Management Division prior to building permit issuance and implemented in accordance with this approval, as a part H-1

10.D.d
Packet Pg. 1060 Attachment: SMP Cinemas Development Agreement - Council Mtg 4-22-14 (5685 : Dissolution of Santa Monica Place Movie Theater of standard permitting processes for work occurring within the public right-of-way (i.e. Use of Public Property Permit process). Note that the process for submittal, review, and approval of Temporary Traffic Control Plans is separate from the Use of Public Property Permit process and has specific requirements.
• Work within the public right-of-way shall be performed between 9:00 AM and 4:00 PM, including demolition material hauling and construction material delivery. Any requests for work before or after normal construction hours within the public right-of-way shall be subject to review and approval through the After Hours Permit process administered by the Building and Safety Division.
• Streets and equipment should be cleaned in accordance with Santa Monica’s established Environmental and Public Works Management (“EPWM”) requirements.
• Trucks shall only travel on a City approved construction route. • Materials and equipment should be minimally visible to the public; the preferred location for materials is to be on-site, with a minimum amount of materials within a work area in the public right-of-way, subject to a current Use of Public Property permit.

H-2

10.D.d
Packet Pg. 1061 Attachment: SMP Cinemas Development Agreement - Council Mtg 4-22-14 (5685 : Dissolution of Santa Monica Place Movie Theater • The Applicant shall obtain a Use of Public Property Permit for any construction work requiring lane closures, encroachment into public rights-of-way, detours or any other work within the public right-of-way.
• The Applicant shall provide timely notification of construction schedules to all affected agencies (e.g., Big Blue Bus, Police Department, Fire Department, Public Works Department, and Planning and Community Development Department) and to all owners and residential and commercial tenants of property within a radius of 500 feet of the construction site.

H-3

10.D.d
Packet Pg. 1062 Attachment: SMP Cinemas Development Agreement - Council Mtg 4-22-14 (5685 : Dissolution of Santa Monica Place Movie Theater

EXHIBIT I

ASSIGNMENT AND ASSUMPTION AGREEMENT
Recording Requested By and
When Recorded Mail To:

Armbruster Goldsmith & Delvac LLP
11611 San Vicente Blvd., Suite 900
Los Angeles, CA 90049
Attn: Dale Goldsmith, Esq.
________________________________________________________________________

ASSIGNMENT AND ASSUMPTION AGREEMENT
This ASSIGNMENT AND ASSUMPTION AGREEMENT (“Agreement”) is made and entered into by and between MACERICH SMC LP, a Delaware limited liability company (“Assignor”), and ________________________, a __________________ (“Assignee”).

R E C I T A L S
A. The City of Santa Monica (“City”) and Assignor entered into that certain Development Agreement dated _______________, 2013 (the “Development Agreement”), with respect to the real property located in the City of Santa Monica, State of California more particularly described in Exhibit “A” attached hereto (the “Project Site”).

B. Assignor has obtained from the City certain development approvals and permits with respect to the development of the Project Site, including without limitation, approval of the Development Agreement and a vesting parcel map for the Project Site (collectively, the “Project Approvals”).

C. Assignor intends to sell, and Assignee intends to purchase, the Project Site.

D. In connection with such purchase and sale, Assignor desires to transfer all of the Assignor’s right, title, and interest in and to the Development Agreement and the Project Approvals with respect to the Project Site. Assignee desires to accept such assignment from Assignor and assume the obligations of Assignor under the Development Agreement and the Project Approvals with respect to the Project Site.

THEREFORE, the parties agree as follows:

1. Assignment. Assignor hereby assigns and transfers to Assignee all of Assignor’s right, title, and interest in and to the Development Agreement and the Project I-1

10.D.d
Packet Pg. 1063 Attachment: SMP Cinemas Development Agreement - Council Mtg 4-22-14 (5685 : Dissolution of Santa Monica Place Movie Theater Approvals with respect to the Project Site. Assignee hereby accepts such assignment from Assignor.

2. Assumption. Assignee expressly assumes and agrees to keep, perform, and fulfill all the terms, conditions, covenants, and obligations required to be kept, performed, and fulfilled by Assignor under the Development Agreement and the Project Approvals with respect to the Project Site.

3. Effective Date. The execution by City of the attached receipt for this Agreement shall be considered as conclusive proof of delivery of this Agreement and of the assignment and assumption contained herein. This Agreement shall be effective upon its recordation in the Official Records of Los Angeles County, California, provided that Assignee has closed the purchase and sale transaction and acquired legal title to the Project Site.

IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the dates set forth next to their signatures below.
“ASSIGNOR”

MACERICH SMP LP,
a Delaware limited partnership
By: MACERICH SMP GP LLC,
a Delaware limited liability
company, its general partner
By:

Name:

Title:
“ASSIGNEE”
I-2

10.D.d
Packet Pg. 1064 Attachment: SMP Cinemas Development Agreement - Council Mtg 4-22-14 (5685 : Dissolution of Santa Monica Place Movie Theater

RECEIPT BY CITY
The attached ASSIGNMENT AND ASSUMPTION AGREEMENT is received by the City of Santa Monica on this ___ day of ________________, ________.

CITY OF SANTA MONICA
___________________________________
By: _______________________________
Planning Director
I-3

10.D.d
Packet Pg. 1065 Attachment: SMP Cinemas Development Agreement - Council Mtg 4-22-14 (5685 : Dissolution of Santa Monica Place Movie Theater

EXHIBIT J

CONDITIONS FOR SALE OF ALCOHOLIC BEVERAGES
(1) Window or other signage visible from the public right-of-way that advertises beer or alcohol shall not be permitted.
(2) The Theater Operator shall offer food to patrons during all hours that alcohol is being served in the Theater.
(3) No alcoholic beverages shall be sold or dispensed for consumption beyond (but alcoholic beverages may be consumed anywhere within) the Theater, including the auditoriums, bar/café and Lounge.
(4) Except for special events, alcoholic beverages shall be served in containers that significantly differ in appearance from those containers utilized for non-alcoholic beverages. This condition does not preclude the service of alcoholic beverages in their original containers.
(5) No dancing is permitted at the theater premises. Live entertainment may only be permitted in the manner set forth in SMMC Section 9.04.02.030.730. (6) Any minimum purchase requirement may be satisfied by the purchase of beverages or food.
(7) The permitted hours of alcoholic beverage service shall be 9:00 a.m. to 1:00 a.m. every day of the week. No after-hours sales of alcohol permitted. (8) Prior to issuance of Certificate of Occupancy or business license, as applicable, the Theater Operator shall submit a theater security plan to the Chief of Police for review and approval. The plan shall address both physical and operational security issues. (9) Prior to issuance of Certificate of Occupancy or business license, as applicable, the Theater Operator shall submit a plan for approval by the Planning Director regarding its employee alcohol awareness training programs and policies. The plan shall outline a mandatory alcohol-awareness training program for all theater employees engaged in the service of alcohol and shall state the Theater Operator’s policies addressing alcohol consumption and inebriation. The program shall require all theater employees engaged in the service of alcohol to complete an ABC-sponsored alcohol awareness training program within ninety days of the date of hire, or within a reasonable time thereafter. In the event the ABC no longer sponsors an alcohol awareness training program, all theater employees engaged in the service of alcohol shall complete an alternative program approved by the Planning Director. Upon written request from the City (not more than once in any calendar year), the Theater Operator shall provide the City with a report regarding compliance with this requirement. The Theater Operator shall be subject to any future citywide alcohol awareness training program affecting similar establishments.

J-1

10.D.d
Packet Pg. 1066 Attachment: SMP Cinemas Development Agreement - Council Mtg 4-22-14 (5685 : Dissolution of Santa Monica Place Movie Theater (10) Within thirty days from the date of submission of the written agreement described in Section 2.6.2 (b), of the Agreement, the Theater Operator shall provide a copy of the signed agreement to the local office of the State Department of Alcoholic Beverage Control (ABC).
(11) Prior to issuance of Certificate of Occupancy or business license, as applicable, the Theater Operator shall submit a plan describing the establishment’s designated driver program, which shall be offered by the operator to the establishment’s patrons. The plan shall specify how the Theater Operator will inform patrons of the program, such as offering on the menu a free non-alcoholic drink for every party of two or more ordering alcoholic beverages.
(12) In the event Theater Operator fails to comply with any conditions of approval of this Exhibit, no further permits, licenses, approval or certificates of occupancy for the theater shall be issued to such applicant until such violation has been fully remedied. (13) The Theater Operator is on notice that all temporary signage is subject to the restrictions of the City’s sign ordinance included in Exhibit “E”, SMMC Article 9 (Planning and Zoning) to this Agreement.
(14) The theater shall at all times comply with the provisions of the Noise Ordinance (SMMC Chapter 4.12).
(15) Prior to commence of alcohol service in the theater, the Theater Operator shall participate in the Santa Monica Alcohol Awareness for Retailers Training (S.M.A.A.R.T.) program conducted by the Santa Monica Police Department. (16) The Theater Operator authorizes reasonable City inspection of the theater premises to ensure compliance with the conditions set forth in this Exhibit “J” and will bear the reasonable cost of these inspections as established by SMMC Section 2.72.010 and Resolution No. 9905 (CCS) of any successor legislation hereto. These inspections shall be no more intrusive as necessary to ensure compliance with this Exhibit “J”.

J-2

10.D.d
Packet Pg. 1067 Attachment: SMP Cinemas Development Agreement - Council Mtg 4-22-14 (5685 : Dissolution of Santa Monica Place Movie Theater 1 City Council Meeting May 9, 2023 Santa Monica, California ORDINANCE NUMBER _________ (CCS)
(City Council Series)

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
SANTA MONICA CANCELLING DEVELOPMENT AGREEMENT 13DEV-010

BETWEEN THE CITY OF SANTA MONICA, A MUNICIPAL CORPORATION, AND

MACERICH SMP LP, A DELAWARE LIMITED PARTNERSHIP
WHEREAS, on April 22, 2014, City Council approved Development Agreement 13DEV-010 (“Development Agreement”) to allow the construction of a multi-screen movie theater complex on the third level of Santa Monica Place, located at 315 Colorado Avenue (the “project”); and
WHEREAS, at the time of the Development Agreement’s approval, and pending completion of the Downtown Community Plan (“DCP”), the City’s Interim Zoning Ordinance (“IZO”) required the project to be reviewed though a development agreement because the project exceeded the height limitations in the IZO but was within the eightyfour-foot height limit allowed by the Land Use and Circulation Element (“LUCE”); and WHEREAS, consistent with LUCE land use policies at the time, the Development Agreement included a suite of community benefits required by Macerich, including, but not limited to, contributions towards construction of the City’s Colorado Esplanade Project and the Downtown Wayfinding Metro Grant project, provisions for making theaters available to the American Film Market, a transportation demand management plan, local hiring provisions, and sustainable features; and
WHEREAS, the tenant space that was created as a result of the Development Agreement has not been used a movie theater since March 2020, and any new uses of

10.D.e
Packet Pg. 1068 Attachment: CDD-Ord-Cancellation of SMP Theater DA 050923 [Revision 1] (5685 : Dissolution of Santa Monica Place Movie Theater 2 the space would require a separate process to determine what, if any, discretionary permits are required; and
WHEREAS, Macerich is proposing a new museum in the tenant space, a permitted use in the DCP’s Transit Adjacent Zone; and
WHEREAS, these key community benefits required were satisfied concurrently with the completion of construction of the project or are no longer applicable where the use of the space will no longer be for a movie theatre; and WHEREAS, many of the terms and conditions contained in the Development Agreement are also structured for a single-purpose theater use that is no longer in operation, and, therefore, restrict the reuse of the vacant tenant space for other permitted uses identified in the DCP; and
WHEREAS, since the approval of the Development Agreement, the height limit has been increased in the DCP, and a development agreement would no longer be required for the project; and
WHEREAS, facilitating the reuse of this anchor tenant space for a visitor-andcommunity-serving immersive art use, or other permitted use, will help support the overall economic recovery efforts of both the City and private property owners in Santa Monica’s Downtown, contribute to the Downtown Core as being a thriving, mixed-use urban environment, and provide entertainment, arts, and cultural opportunities to residents and visitors alike; and
WHEREAS, pursuant to Santa Monica Municipal Code Section 9.60.150, either the City or applicant or successor in interest may propose an amendment or cancellation in whole or in part of a development agreement; and

10.D.e
Packet Pg. 1069 Attachment: CDD-Ord-Cancellation of SMP Theater DA 050923 [Revision 1] (5685 : Dissolution of Santa Monica Place Movie Theater 3 WHEREAS, except as provided for in Santa Monica Municipal Code 9.60.180, a development agreement may only be amended or cancelled in whole or in part by the mutual consent of all parties to the subject development agreement; and WHEREAS, Macerich has requested that the Development Agreement be cancelled; and
WHEREAS, on April 19, 2023, the Planning Commission conducted a duly-noticed public hearing to consider the proposed Development Agreement cancellation, and, after considering oral and written testimony, recommended to the City Council that the City Council agree to cancel the Development Agreement; and
WHEREAS, on May 9, 2023, the City Council conducted a duly-noticed public hearing to consider the proposed cancellation and the Planning Commission’s recommendation.

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

SECTION 1. Development Agreement 13DEV-010 adopted by City Council on April 22, 2014, is hereby cancelled in its entirety pursuant to Santa Monica Municipal Code Section 9.60.150.

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

SECTION 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

10.D.e
Packet Pg. 1070 Attachment: CDD-Ord-Cancellation of SMP Theater DA 050923 [Revision 1] (5685 : Dissolution of Santa Monica Place Movie Theater 4 court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this Ordinance. The City Council hereby declares that it would have passed this Ordinance and each and every section, subsection, sentence, clause, or phrase not declared invalid or unconstitutional without regard to whether any portion of the ordinance would be subsequently declared invalid or unconstitutional.

SECTION 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.

APPROVED AS TO FORM:
_________________________
Douglas Sloan
City Attorney

10.D.e
Packet Pg. 1071 Attachment: CDD-Ord-Cancellation of SMP Theater DA 050923 [Revision 1] (5685 : Dissolution of Santa Monica Place Movie Theater Item 10D.

Santa Monica Place Development
Agreement Cancellation
City Council
May 9, 2023

10.D.f
Packet Pg. 1072 Attachment: PowerPoint Presentation (5685 : Dissolution of Santa Monica Place Movie Santa Monica Place Development Agreement Cancellation
Staff Recommendation
• Adopt a finding of no possibility of significant environmental effect pursuant to CEQA  Introduce for first reading of an ordinance to cancel the Development Agreement (13DEV-010) pertaining to a movie theater complex at Santa Monica Place  Authorize the City Manager to take all necessary implementing actions related to cancellation
Background
• April 22, 2014 City Council entered into a Development Agreement with Macerich for a movie theater on 3rd floor of Santa Monica Place, 315 Colorado Avenue. • Conversion of then-vacant retail space required additional building height to accommodate theater. • Interim zoning regulations required Development Agreement for the additional building height, pending completion of the Downtown Community Plan (DCP). • Theater built and operated; all associated community benefits delivered.

10.D.f
Packet Pg. 1073 Attachment: PowerPoint Presentation (5685 : Dissolution of Santa Monica Place Movie Santa Monica Place Development Agreement Cancellation
Staff Recommends
• Theater operations ceased in 2020 and cancellation request initiated by Macerich to facilitate a new use of vacant tenant space (DA terms are structured for single-purpose theater use) • Today’s DCP allows for the building height without a Development Agreement. • Key community benefits required by the 2014 Development Agreement were satisfied concurrently with completion of construction and operation of the movie theater. • Facilitating the reuse of this anchor tenant space for a visitor- and community-serving immersive art use, or other permitted use, will help support the overall economic recovery efforts of both the City and private property owners in Santa Monica’s Downtown.

10.D.f
Packet Pg. 1074 Attachment: PowerPoint Presentation (5685 : Dissolution of Santa Monica Place Movie City Council
Report
City Council Meeting: May 9, 2023
Agenda Item: 10.E
1 of 6
To: Mayor and City Council
From: David Martin, Director, City Planning
Subject: Introduction and First Reading of an Ordinance to Amend Santa Monica Municipal Code Chapter 6.20, Home-Sharing and Vacation Rentals, to Authorize Home-Sharing in Certain Qualifying Accessory Structures and Incorporate a Home-Sharing Legalization Program
Recommended Action
Staff recommends that 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 set forth in “Environmental Analysis”; and

2. Introduce for first reading an ordinance amending Santa Monica Municipal Code Chapter 6.20, Home-Sharing and Vacation Rentals, to authorize home-sharing in certain accessory structures and incorporate a home-sharing legalization program.

Summary
On June 8, 2021, City Council directed staff to return with proposed amendments to SMMC Chapter 6.20, the City’s home-sharing ordinance, to allow the home-sharing of detached accessory buildings located more than six feet from the main building occupied by the host. Amendments to SMMC Section 9.21.020 (Accessory Structures) were also identified as necessary for consistency with Council direction.

On October 25, 2022, the City Council adopted Resolution 11481 (CCS) to create a special home-share legalization program to authorize previously permitted home-share operators to receive a temporary, conditional permit to resume operations pending updates to the home-share ordinance and zoning ordinance. More specifically, Council’s Resolution 11481 (CCS) establishes a limited-term program through June 30,

10.E
Packet Pg. 1075
2 of 6
2023 to allow the home-sharing of certain accessory dwelling units (ADUs) and detached accessory buildings located more than six feet from the main building occupied by the host, as long as the proposed home-share units do not have any outstanding unpermitted work.

The proposed ordinance contains amendments to the home-sharing ordinance (Santa Monica Municipal Code [SMMC] Chapter 6.20) that are consistent with the Council’s June 8, 2021 and October 25, 2022 actions. The companion zoning ordinance amendment (SMMC Section 9.21.020) was recently codified on April 11, 2023 as part of the Council’s approval of amendments for Phase One Housing Element program implementation. Together, these two ordinance amendments would complete the subsequent actions needed in response to Council’s earlier direction regarding the City’s home-share program whereby allowing the use of certain accessory structures more than six feet away from the main building for home-sharing and a very limited number of previously permitted home-share operators to resume operations in a manner that is consistent with zoning and home-share regulations.

Background
On May 12, 2015, Council adopted Ordinance 2484 (CCS) to clarify the long-standing prohibition of vacation rentals and to allow and impose regulations on home-sharing. On January 24, 2017, Council adopted Ordinance 2535 (CCS) to amend the home-sharing ordinance to clarify certain definitions and, in response to portions of the ordinance challenged by home-sharing platforms, to limit the obligations imposed on those platforms.

On June 27, 2017, Council adopted Ordinance 2547 (CCS), to amend the home-sharing ordinance to treat accessory dwelling units (“ADUs”) that received building permits on or after March 31, 2017, as separate dwelling units for the purpose of defining homesharing activity. On September 24, 2019, Council adopted Ordinance 2616 (CCS), to further amend the Home-Sharing Ordinance to strengthen regulation of home-sharing and vacation rentals.

10.E
Packet Pg. 1076
3 of 6
On June 8, 2021, City Council directed staff to return with proposed amendments to SMMC Chapter 6.20, the City’s home-sharing ordinance, to allow the home-sharing of detached accessory buildings located more than six feet from the main building occupied by the host. Amendments to SMMC Section 9.21.020 (Accessory Structures) were also identified as necessary for consistency with Council direction.

Temporary Home-Sharing Legalization Program
Attachment “A” provides a link to the Council staff report that provides a detailed discussion of the key issues that serve as background to the Council’s establishment of the temporary legalization program. In summary, prior to the Council’s October 25th resolution, then-existing home-share and accessory building regulations did not provide a way for certain property owners to continue to home-share their detached structures, even though they were previously permitted by the City for home-share.

The following are the conditions to qualify for the program that were established by the Council on October 25, 2022:

1. The home-share applicant must have been previously permitted by the City to home-share;

2. The home-share applicant’s request to renew their permit must have been denied by the City due to changes in home-share regulations or because the permit was previously erroneously issued; and

3. The proposed home-share unit cannot have any outstanding violations for unpermitted work. This would require homeowners to obtain building permits and final inspection approval for their home-share units to ensure that spaces are safe for overnight occupancy.

The temporary home-share legalization program adopted by resolution on October 25, 2022 is in effect until June 30, 2023 and was established to allow qualified property owners to receive home-share permits while necessary code amendments are pending.

The resolution also provides a pathway to incentivize previously permitted home-share operators to obtain building permits and final inspection to ensure that home-share units

10.E
Packet Pg. 1077
4 of 6
meet current Building and Fire Codes and by doing so, they are eligible to obtain a home-share permit to resume their home-share operation.

Since Council adopted the temporary home-share legalization program in October 2022, several eligible property owners subsequently received approval to resume home-sharing and several others are in the process of building permit review and approval to allow them to resume home-sharing. The proposed amendments would authorize the City to issue business licenses and home-sharing licenses for qualifying operators going forward.

Discussion
In response to Council’s direction, the proposed amendments to the City’s home-share regulations (Attachment “C”) set forth in SMMC Chapter 6.20 include the following:
• Eliminate requirement that an accessory building proposed for home-sharing must be within 6 feet of the primary residence; thus allowing accessory buildings eligible for home-sharing to be located anywhere on the same property as primary residence.
• Consistent with the Home-Share Legalization Program:
o Limit enforcement of deed restrictions recorded against a permitee’s property that prohibit use of an accessory structure as a rented room or sleeping quarters when the permittee has a valid permit issued pursuant to the Home-Share Legalization Program; and
o Eliminate requirement that an ADU have received a building permit prior to March 31, 2017, in order to allow home-sharing by the long-term resident of the primary dwelling when the permittee has a valid permit issued pursuant to the Home-Share Legalization Program.

On April 11, 2023, the Zoning Ordinance amendments also eliminated the prohibition against accessory buildings containing a shower or a tub enclosure.

The Council’s April 11, 2023 approval of the Zoning Ordinance amendment outlined above coupled with the proposed changes to SMMC Chapter 6.20 set forth in

10.E
Packet Pg. 1078
5 of 6
Attachment “C” would complete the subsequent actions needed in response to Council’s earlier direction regarding the City’s home-share program. The ordinance amending SMMC Chapter 6.20 would go into effect 30 days after second reading which would be scheduled to occur prior to the June 30, 2023 expiration of the temporary program.

Environmental Analysis
The proposed amendment to SMMC Chapter 6.20 would modify regulations related to the home-sharing and would allow a very limited number of previously permitted homeshare operators to apply to resume operations in a manner that is consistent with zoning regulations. The proposed amendment to SMMC Chapter 6.20 is exempt from the provisions of the California Environmental Quality Act (CEQA) pursuant to Section 15061(b)(3) of the CEQA Guidelines. Based on the evidence in the record, it can be seen with certainty that there is no possibility that the proposed changes will have a significant effect on the environment. The home-share code amendments would allow the resumption of operations in locations that were previously permitted for home-share on properties with existing dwelling units. All home-share units would need to be fully permitted and complete final inspection in order to be eligible for this program.

Therefore, no further environmental review under CEQA is required.

Past Council Actions
Meeting Date Description
5/12/2015 (Attachment D) Ordinance 2484 – Home-sharing Ordinance 1/24/2017 (Attachment E) Ordinance 2535 – Home-sharing Ordinance update; amend definitions, limit obligations on
hosting platforms
6/27/2017 (Attachment F) Ordinance 2547 – Home-sharing Ordinance update; treatment of accessory dwelling units
9/24/2019 (Attachment G) Ordinance 2616 – Strengthen regulation of homesharing and vacation rentals 10/25/2022
(Attachment B)
Resolution 11481 – Establish a special homeshare legalization program to authorize previously permitted home-share operators to resume
operations pending updates to the home-share
ordinance and zoning ordinance
4/11/2023 (Attachment H) Zoning Ordinance amendments for Housing

10.E
Packet Pg. 1079
6 of 6
Element implementation, including amendments to
accessory structures
Financial Impacts and Budget Actions
Home-share properties are required to collect and remit the City’s Transient Occupancy Tax. If the proposed amendment results in an increase in the number of home-share properties, there may be an increase in tax revenues. However, some of the properties that were previously permitted for home-share before being denied continued to pay the tax. Therefore, any increase in tax revenues is anticipated to be minor.

Prepared By: Roxanne Tanemori, Principal Planner
Approved Forwarded to Council
Attachments:

A. Link to Council Action 10-25-2022
B. Homeshare Legalization Program 10-25-2022 (Res 11481) C. CDD-Ord-Home-Sharing Legalization Program 050923
D. Homeshare (Ord 2484)
E. Homeshare (Ord 2535)
F. Homeshare (Ord 2547)
G. Homeshare (Ord 2616)
H. Previously Approved Zoning Ord Amendment for Homeshare I. PowerPoint Presentation

10.E
Packet Pg. 1080
Attachment A
Background Adoption of a Resolution to Establish a Home-Share Legalization Program
October 25, 2022 Council Meeting

10.E.a
Packet Pg. 1081 Attachment: Link to Council Action 10-25-2022 (5690 : Homeshare Regulations – Permanent Ordinance Amending Chapter 6.20 (10 min)) 1 City Council Meeting: October 25, 2022 Santa Monica, California RESOLUTION NUMBER 11481 (CCS)
(City Council Series)

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

ESTABLISHING A HOME-SHARE LEGALIZATION PROGRAM
WHEREAS, on May 12, 2015, the Council adopted Ordinance 2484 (CCS), adding Santa Monica Municipal Code Chapter 6.20, Home-Sharing and Vacation Rentals, to clarify the City’s long-standing prohibition of renting any dwelling unit, in whole or in part, for a period of thirty consecutive days or less for exclusive transient use, or “vacation rentals”, and to relax that prohibition by allowing renting of one or more bedrooms in a dwelling unit that is the primary residence of the host for a period of thirty consecutive days or less, while the host lives on site, in the dwelling unit, throughout the visitors’ stay, or “home-sharing” (the “Home-Sharing Ordinance”); and
WHEREAS, on January 24, 2017, Council adopted Ordinance 2535 (CCS) to amend the Home-Sharing Ordinance to clarify certain definitions and, in response to portions of the ordinance challenged by home-sharing platforms, to limit the obligations imposed on those platforms; and
WHEREAS, on June 27, 2017, Council adopted Ordinance 2547 (CCS), to amend the Home-Sharing Ordinance to treat accessory dwelling units (“ADUs”) that received building permits on or after March 31, 2017 as separate dwelling units for the purpose of defining home-sharing activity; and
WHEREAS, on September 24, 2019, Council adopted Ordinance 2616 (CCS), to further amend the Home-Sharing Ordinance to strengthen regulation of home-sharing and vacation rentals; and
DocuSign Envelope ID: 97D93EF9-21B6-43CF-BD64-461DF5155DD2

10.E.b
Packet Pg. 1082 Attachment: Homeshare Legalization Program 10-25-2022 (Res 11481) (5690 : Homeshare Regulations – Permanent Ordinance Amending 2 WHEREAS, permitting regulated home-sharing while prohibiting vacation rentals strikes an important balance: allowing residents to supplement their income through home-sharing and providing home-share visitors with potentially more affordable accommodations, while deterring landlords from evading rent control laws, evicting tenants, and converting residential units into de facto hostels or hotels, thus removing needed permanent housing from the market while at the same time changing the character of and undermining community ties in residential neighborhoods; and WHEREAS, Santa Monica Municipal Code Section 9.21.020 provides that accessory structures shall be considered part of the principal building if the accessory building is located less than 6 feet from the principal building or if connected to it by fully enclosed space; and
WHEREAS, Santa Monica Municipal Code Section 9.21.020 prohibits an accessory structure from containing a shower or tub enclosure; and WHEREAS, the Santa Monica Municipal Code previously required certain property owners to record deed restrictions which, in part, prohibited using accessory structures that were not accessory dwelling units as rented rooms or sleeping quarters; and WHEREAS, since September 2020, the City has denied approximately applications for renewal of home-share licenses for properties that were previously approved for home-share due to changes in regulations in the home-share regulations or because the permits were previously erroneously issued; and WHEREAS, on June 8, 2021, City Council directed staff to return with proposed amendments to Santa Monica Municipal Code Chapter 6.20, the City’s home-sharing DocuSign Envelope ID: 97D93EF9-21B6-43CF-BD64-461DF5155DD2

10.E.b
Packet Pg. 1083 Attachment: Homeshare Legalization Program 10-25-2022 (Res 11481) (5690 : Homeshare Regulations – Permanent Ordinance Amending 3 ordinance, to allow the home-sharing of detached accessory buildings located more than six feet from the main building occupied by the host; and WHEREAS, amendments to Santa Monica Municipal Code Section 9.21.020 are necessary for consistency with Council direction; and
WHEREAS, amendments to Santa Monica Municipal Code Chapter 6.20 and Section 9.21.020 remain pending; and
WHEREAS, the City Council now desires to establish a home-share legalization program that would allow Council to authorize previously licensed home-share operators to receive a temporary, conditional license to resume operations pending updates to the Home-Share Ordinance, as long as the proposed home-share units do not have any outstanding unpermitted work in order to protect the health and safety of home-sharing guests.

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

SECTION 1. Establishment of Program. The City Council hereby establishes a Home-Share Legalization Program in accordance with the terms and conditions set forth herein.

SECTION 2. Authorization to Issue Temporary Permits; Eligibility. The City Manager, or designee, is hereby authorized to issue temporary, conditional home-sharing permits if applicant satisfies all of the following:

A. The City previously issued the applicant a home-share permit for the dwelling unit in accordance with Chapter 6.20.

DocuSign Envelope ID: 97D93EF9-21B6-43CF-BD64-461DF5155DD2

10.E.b
Packet Pg. 1084 Attachment: Homeshare Legalization Program 10-25-2022 (Res 11481) (5690 : Homeshare Regulations – Permanent Ordinance Amending 4 B. The City subsequently denied the applicant’s request to renew the homeshare permit due to changes in the City’s home-share regulations or because the permit was previously erroneously issued.

C. The building or structure applicant proposes to use for home-sharing activities does not have any outstanding code violations for unpermitted work. To satisfy this condition, applicants must obtain building permits and final inspection approval for the proposed building or structure to ensure that spaces meet all health and safety requirements for overnight occupancy.

SECTION 3. Applicability of home-share and related regulations.

A. Notwithstanding anything to the contrary in the Santa Monica Municipal Code or applicable administrative regulations, the following provisions shall not apply to permittees receiving permits in accordance with the Home-Sharing Legalization Program:

1. Requirement that the accessory structure being proposed for homeshare is within 6 feet of the primary residence in accordance with Santa Monica Municipal Code Sections 6.20.010(c) and 9.21.020(A).

2. Prohibition against accessory structures containing a shower or tub enclosure in accordance with 9.21.020(A).

3. Requirement that an ADU receive a building permit prior to March 31, 2017 to allow home-sharing by the long-term resident of the principal dwelling unit in accordance with Santa Monica Municipal Code Section 6.20.010(c).

B. Provisions in real property deed restrictions in favor of the City that are recorded against a permittee’s property and prohibit use of an accessory structure as a DocuSign Envelope ID: 97D93EF9-21B6-43CF-BD64-461DF5155DD2

10.E.b
Packet Pg. 1085 Attachment: Homeshare Legalization Program 10-25-2022 (Res 11481) (5690 : Homeshare Regulations – Permanent Ordinance Amending 5 rented room or sleeping quarters shall not be enforced against permittees with a valid permit issued pursuant to the Home-Share Legalization Program.

C. Except as provided in this Section 3, home-sharing operations conducted pursuant to a permit issued in accordance with the Home-Share Legalization Program are subject to all applicable law and accompanying administrative regulations.

SECTION 4. Term. Permits issued pursuant to shall expire on the earlier of: 1) effective date of amendments to Santa Monica Municipal Code Chapter 6.20 and Section

9.21.020 as described herein; or 2) June 30, 2023, unless otherwise terminated earlier in accordance with the terms of the permit.

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

APPROVED AS TO FORM:
_________________________

DOUGLAS SLOAN
City Attorney
DocuSign Envelope ID: 97D93EF9-21B6-43CF-BD64-461DF5155DD2

10.E.b
Packet Pg. 1086 Attachment: Homeshare Legalization Program 10-25-2022 (Res 11481) (5690 : Homeshare Regulations – Permanent Ordinance Amending Adopted and approved this 25th day of October 2022.
____________________________
Kristin McCowan, Mayor Pro Tem
I, Denise Anderson-Warren, City Clerk of the City of Santa Monica, do hereby certify that Resolution No. 11481 (CCS) was duly adopted at a meeting of the Santa Monica City Council held on the 25th day of October 2022, by the following vote:

AYES: Councilmembers Brock, Davis, De la Torre, Negrete, Parra, Mayor Pro Tem McCowan
NOES: None
ABSENT: Mayor Himmelrich
ATTEST:
_____________________________________
Denise Anderson-Warren, City Clerk
DocuSign Envelope ID: 97D93EF9-21B6-43CF-BD64-461DF5155DD2

10.E.b
Packet Pg. 1087 Attachment: Homeshare Legalization Program 10-25-2022 (Res 11481) (5690 : Homeshare Regulations – Permanent Ordinance Amending City Council Meeting: May 9, 2023 Santa Monica, California ORDINANCE NUMBER _________ (CCS)
(City Council Series)

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA AMENDING SANTA MONICA MUNICIPAL CODE CHAPTER 6.20, HOME-SHARING

AND VACATION RENTALS, TO AUTHORIZE HOME-SHARING IN CERTAIN

QUALIFYING ACCESSORY STRUCTURES AND INCORPORATE A HOME-SHARING

LEGALIZATION PROGRAM
WHEREAS, on May 12, 2015, the Council adopted Ordinance 2484 (CCS), adding Santa Monica Municipal Code Chapter 6.20, Home-Sharing and Vacation Rentals, to clarify the City’s long-standing prohibition of renting any dwelling unit, in whole or in part, for a period of thirty consecutive days or less for exclusive transient use, or “vacation rentals”, and to relax that prohibition by allowing renting of one or more bedrooms in a dwelling unit that is the primary residence of the host for a period of thirty consecutive days or less, while the host lives on site, in the dwelling unit, throughout the visitors’ stay, or “home-sharing” (the “Home-Sharing Ordinance”); and
WHEREAS, on January 24, 2017, Council adopted Ordinance 2535 (CCS) to amend the Home-Sharing Ordinance to clarify certain definitions and, in response to portions of the ordinance challenged by home-sharing platforms, to limit the obligations imposed on those platforms; and
WHEREAS, on June 27, 2017, Council adopted Ordinance 2547 (CCS), to amend the Home-Sharing Ordinance to treat accessory dwelling units (“ADUs”) that received building permits on or after March 31, 2017 as separate dwelling units for the purpose of defining home-sharing activity; and

10.E.c
Packet Pg. 1088 Attachment: CDD-Ord-Home-Sharing Legalization Program 050923 [Revision 1] (5690 : Homeshare Regulations – Permanent Ordinance WHEREAS, on September 24, 2019, Council adopted Ordinance 2616 (CCS), to further amend the Home-Sharing Ordinance to strengthen regulation of home-sharing and vacation rentals; and
WHEREAS, permitting regulated home-sharing while prohibiting vacation rentals strikes an important balance: allowing residents to supplement their income through home-sharing and providing home-share visitors with potentially more affordable accommodations, while deterring landlords from evading rent control laws, evicting tenants, and converting residential units into de facto hostels or hotels, thus removing needed permanent housing from the market while at the same time changing the character of and undermining community ties in residential neighborhoods; and WHEREAS, Santa Monica Municipal Code Section 9.21.020 provides that accessory structures shall be considered part of the principal building if the accessory building is located less than 6 feet from the principal building or if connected to it by fully enclosed space; and
WHEREAS, Santa Monica Municipal Code Section 9.21.020 prohibits an accessory structure from containing a shower or tub enclosure; and WHEREAS, the Santa Monica Municipal Code previously required certain property owners to record deed restrictions which, in part, prohibited using accessory structures that were not accessory dwelling units as rented rooms or sleeping quarters; and WHEREAS, since September 2020, the City has denied applications for renewal of home-share licenses for properties that were previously approved for home-share due to changes in regulations in the home-share regulations or because the permits were previously erroneously issued; and

10.E.c
Packet Pg. 1089 Attachment: CDD-Ord-Home-Sharing Legalization Program 050923 [Revision 1] (5690 : Homeshare Regulations – Permanent Ordinance WHEREAS, on June 8, 2021, City Council directed staff to return with proposed amendments to Santa Monica Municipal Code Chapter 6.20, the City’s home-sharing ordinance, to allow the home-sharing of detached accessory buildings located more than six feet from the main building occupied by the host; and WHEREAS, amendments to Santa Monica Municipal Code Section 9.21.020 were also necessary for consistency with Council direction; and WHEREAS, until the amendments to Chapter 6.20 and Section 9.21.020 could occur, on October 25, 2022, City Council adopted a Resolution to Establish a HomeSharing Legalization Program (“Program”) that allowed Council to authorize previously licensed home-share operators to receive a temporary, conditional license to resume operations pending updates to the Home-Share Ordinance, as long as the proposed home-share units do not have any outstanding unpermitted work in order to protect the health and safety of home-sharing guests;
WHEREAS, that Program expires on the earlier of: 1) effective date of amendments to Santa Monica Municipal Code Chapter 6.20 and Section 9.21.020; or (2) June 30, 2023; and
WHEREAS, on April 11, 2023, the City Council adopted Ordinance Number 2742 (CCS), amending the text of the Zoning Ordinance to, among other things, eliminate the prohibition on accessory structures from containing a shower or tub enclosure, which is expected to become effective May 11, 2023; and
WHEREAS, Council now seeks to codify the Program through amendments to Chapter 6.20 prior to the June 30, 2023, expiration date.

10.E.c
Packet Pg. 1090 Attachment: CDD-Ord-Home-Sharing Legalization Program 050923 [Revision 1] (5690 : Homeshare Regulations – Permanent Ordinance

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

SECTION 1. Santa Monica Municipal Code Section 6.20.010 is hereby amended to read as follows:

6.20.010 Definitions.

For purposes of this Chapter, the following words or phrases shall have the following meanings:
(a) Accessory Dwelling Unit. “Accessory Dwelling Unit” shall have the same meaning as set forth in 9.21.020(A). An accessory dwelling unit that received its building permit on or after March 31, 2017, constitutes a separate dwelling unit for purposes of this Chapter.
(b)(a) Bedroom. Any habitable space in a dwelling unit other than a kitchen or living room that is intended for or capable of being used for sleeping, is at least seventy square feet in area, is separated from other rooms by a door, and is accessible to a bathroom without crossing another bedroom.
(c)(b) Booking Transaction. Any reservation or payment service provided by a person who facilitates a home-sharing or vacation rental transaction between a prospective visitor and a host.
(d)(c) Dwelling Unit. One or more rooms designed, occupied, or intended for occupancy as separate living quarters, with full cooking, sleeping, and bathroom facilities for the exclusive use of a single household. A dwelling unit includes a single‐family residence, and each unit of an apartment, duplex, or multiple dwelling structure designed as a separate habitation for one or more persons, but does not include units located within

10.E.c
Packet Pg. 1091 Attachment: CDD-Ord-Home-Sharing Legalization Program 050923 [Revision 1] (5690 : Homeshare Regulations – Permanent Ordinance City-approved hotels, motels, and bed and breakfasts, as defined in Section

9.51.030(B)(15). Notwithstanding anything to the contrary in 9.21.020(A), for purposes of this Chapter, an accessory building shall be considered part of the principal dwelling unit if it is located on the same parcel as the principal building. An accessory dwelling unit, as defined by Section 9.31.300, that received its building permit on or after March 31, 2017, constitutes a separate dwelling unit for the purpose of this Chapter. (e)(d) Eligible Resident. Any natural person who: (1) is either: (i) a long-term resident of a dwelling unit, or (ii) an owner of a dwelling unit; and (2) uses that dwelling unit as his or her primary residence.
(f)(e) Home-Sharing. Renting for a period of thirty consecutive days or less, one or more bedrooms in a dwelling unit that is the primary residence of the host, while the host lives on site, in the dwelling unit, throughout the visitors’ stay. A dwelling unit rented out for home-sharing is referred to as a “home-share.”
(g)(f) Host. Any natural person who is an eligible resident of a dwelling unit offered for use as a home-share.
(h)(g) Hosting Platform. A person who participates in the home-sharing or vacation rental business by collecting or receiving a fee, directly or indirectly through an agent or intermediary, for conducting a booking transaction using any medium of facilitation. (i)(h) Lives On Site. Maintains a physical presence in the dwelling unit, including, but not limited to, sleeping overnight, preparing and eating meals, and engaging in other activities in the dwelling unit, of the type typically maintained by a natural person in the dwelling unit in which he or she is an eligible resident.

10.E.c
Packet Pg. 1092 Attachment: CDD-Ord-Home-Sharing Legalization Program 050923 [Revision 1] (5690 : Homeshare Regulations – Permanent Ordinance (j)(i) Long-Term Resident. Any natural person who, as of the date a home-share application is submitted pursuant to Section 6.20.021: (1) has occupied the dwelling unit that is the subject of the home-share application as his or her primary residence for at least the prior twelve months; and (2) has either: (i) if the natural person is a tenant, subtenant, lessee, or sublessee, a written rental housing agreement for the dwelling unit for a period of twelve months or more after the date the home-share application is submitted, or (ii) if the natural person is not a tenant, subtenant, lessee, or sublessee, written documentation establishing that the natural person will reside at the dwelling unit for a period of twelve months or more after the date the home-share application is submitted.
(k)(j) Owner. Any person who, alone or with others, has legal or equitable title to a dwelling unit. A person whose interest in a dwelling unit is solely that of a tenant, subtenant, lessee, or sublessee under an oral or written rental housing agreement shall not be considered an owner.
(l)(k) Person. Any natural person, joint venture, joint stock company, partnership, association, club, company, corporation, business trust, or organization of any kind. (m)(l) Primary Residence. The usual place of return for housing of an owner or longterm resident as documented by at least two of the following: motor vehicle registration, driver’s license, California state identification card, voter registration, income tax return, property tax bill, or a utility bill. A person can only have one primary residence. (n)(m) Vacation Rental. Renting for a period of thirty consecutive days or less any dwelling unit, in whole or in part, for exclusive transient use. Exclusive transient use shall mean that no eligible resident of the dwelling unit lives on site, in the dwelling unit,

10.E.c
Packet Pg. 1093 Attachment: CDD-Ord-Home-Sharing Legalization Program 050923 [Revision 1] (5690 : Homeshare Regulations – Permanent Ordinance throughout any visitor’s stay. Rentals of units located within City-approved hotels, motels, and bed and breakfasts shall not be considered vacation rentals. (o)(n) Visitor. A natural person who rents a home-share or vacation rental.

SECTION 2. Santa Monica Municipal Code Section 6.20.110 is hereby added to read as follows:

6.20.110 Home-Sharing Legalization Program.

Notwithstanding the foregoing, or anything to the contrary in this Code, an accessory dwelling unit that received its building permit on or after March 31, 2017, shall not constitute a separate dwelling unit for purposes of this Chapter if it meets all of the following conditions:
(a) The City previously issued the applicant a home-share permit for the dwelling unit in accordance with this Chapter;
(b) The City subsequently denied the applicant’s request to renew the home-share permit due to changes in the City’s home-share regulations or because the permit was previously erroneously issued; and
(c) The dwelling unit applicant proposes to use for home-sharing activities does not have any outstanding code violation for unpermitted work.

SECTION 3. Any provision of the Santa Monica Municipal Code or appendices thereto inconsistent with the provisions of this Ordinance, to the extent of such inconsistencies and no further, is hereby repealed or modified to the extent necessary to effect the provisions of this Ordinance.

SECTION 4. If any section, subsection, sentence, clause, or phrase of this Ordinance is for any reason held to be invalid or unconstitutional by a decision of any

10.E.c
Packet Pg. 1094 Attachment: CDD-Ord-Home-Sharing Legalization Program 050923 [Revision 1] (5690 : Homeshare Regulations – Permanent Ordinance court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this Ordinance. The City Council hereby declares that it would have passed this Ordinance and each and every section, subsection, sentence, clause, or phrase not declared invalid or unconstitutional without regard to whether any portion of the ordinance would be subsequently declared invalid or unconstitutional.

SECTION 5. The Mayor shall sign and the City Clerk shall attest to the passage of 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.E.c
Packet Pg. 1095 Attachment: CDD-Ord-Home-Sharing Legalization Program 050923 [Revision 1] (5690 : Homeshare Regulations – Permanent Ordinance City Council Meeting: May 12, 2015 Santa Monica, California ORDINANCE NUMBER ` qyq ( CCS)
City Council Series)

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
SANTA MONICA ADDING CHAPTER 6. 20 TO THE SANTA MONICA

MUNICIPAL CODE CLARIFYING PROHIBITIONS AGAINST VACATION RENTALS

AND IMPOSING REGULATIONS ON HOME SHARING
WHEREAS, the City consists of just eight square miles of coastal land which is home to 90, 000 residents, the job site of 300, 000 workers, and a destination for as many as 500, 000 visitors on weekends and holidays; and WHEREAS, Santa Monica' s primary housing goals include preserving its housing stock and preserving the quality and character of its existing single and multi - family residential neighborhoods. Santa Monica' s prosperity has always been fueled by the area' s many attractive features including its cohesive and active residential neighborhoods and the diverse population which resides therein. In order to continue to flourish, the City must preserve its available housing stock and the character and charm which result, in part, from cultural, ethnic, and economic diversity of its resident population; and
WHEREAS, the City must also preserve its unique sense of community which derives, in large part, from residents' active participation in civic affairs, including local government, cultural events, and educational endeavors; and 1 10.E.d
Packet Pg. 1096 Attachment: Homeshare (Ord 2484) (5690 : Homeshare Regulations – Permanent Ordinance Amending Chapter 6.20 (10 min)) WHEREAS, Santa Monica' s natural beauty, its charming residential communities, its vibrant commercial quarters and its world class visitor serving amenities have drawn visitors from around the United States and around the world; and WHEREAS, the City affords a diverse array of visitor - serving short term rentals, including, hotels, motels, bed and breakfasts, vacation rentals and home sharing, not all of which are currently authorized by local law; and
WHEREAS, operations of vacation rentals, where residents rent -out entire units to visitors and are not present during the visitors' stays are detrimental to the community' s welfare and are prohibited by local law, because occupants of such vacation rentals, when not hosted, do not have any connections to the Santa Monica community and to the residential neighborhoods in which they are visiting; and WHEREAS, the presence of such visitors within the City' s residential neighborhoods can sometimes disrupt the quietude and residential character of the neighborhoods and adversely impact the community; and
WHEREAS, judicial decisions have upheld local governments' authority to prohibit vacation rentals; and
WHEREAS, with the recent advent of the so called " sharing economy," there is growing acceptance of the longstanding practice of " home- sharing," whereby residents host visitors in their homes for short periods of stay, for compensation, while the resident host remains present throughout the visitors' stay; and K

10.E.d
Packet Pg. 1097 Attachment: Homeshare (Ord 2484) (5690 : Homeshare Regulations – Permanent Ordinance Amending Chapter 6.20 (10 min)) WHEREAS, long before the advent of the sharing economy, home - sharing activities were already commonly undertaken throughout Santa Monica and throughout the United States; and
WHEREAS, history has shown that home - sharing activities spread the good -will of Santa Monica worldwide and have enhanced Santa Monica' s image throughout the world: and
WHEREAS, home - sharing does not create the same adverse impacts as unsupervised vacation rentals because, among other things, the resident hosts are present to introduce their guests to the City' s neighborhoods and regulate their guests' behavior; and
WHEREAS, history has shown that home - sharing activities are relatively very small in number, when compared to the number of persons utilizing vacation rentals or the City' s hotels and motels; and
WHEREAS, while the City recognizes that home - sharing activities can be conducted in harmony with surrounding uses, those activities must be regulated to ensure that the small number of home - sharers stay in safe structures and do not threaten or harm the public health or welfare; and
WHEREAS, any monetary compensation paid to the resident hosts for their hospitality and hosting efforts rightfully belong to such hosts and existing law authorizes the City to collect Transient Occupancy Taxes ( "TOTs ") for vacation rentals and homesharing activities; and P

10.E.d
Packet Pg. 1098 Attachment: Homeshare (Ord 2484) (5690 : Homeshare Regulations – Permanent Ordinance Amending Chapter 6.20 (10 min)) WHEREAS, existing law obligates both the hosts and rental agencies or hosting platforms to collect and remit TOTS to the City.

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

SECTION 1. Chapter 6. 20 of the Santa Monica Municipal Code is hereby added to read as follows:

Chapter 6. 20 HOME SHARING AND VACATION RENTALS

6. 20.010 Definitions
For purposes of this Chapter, the following words or phrases shall have the following meanings:
a) Home - Sharing. An activity whereby the residents host visitors in their homes, for compensation, for periods of 30 consecutive days or less, while at least one of the dwelling unit' s primary residents lives on -site, in the dwelling unit, throughout the visitors' stay.
b) Hosting Platform. A marketplace in whatever form or format which facilitates the Home - Sharing or Vacation Rental, through advertising, match - making or any other means, using any medium of facilitation, and from which the operator of the hosting platform derives revenues, including booking fees or advertising revenues, from providing or maintaining the marketplace.
c) Vacation Rental. Rental of any dwelling unit, in whole or in part, within the City of Santa Monica, to any person( s) for exclusive transient use of 30 consecutive days or less, whereby the unit is only approved for permanent residential occupancy and not approved for transient occupancy or Home - Sharing as authorized by this rd

10.E.d
Packet Pg. 1099 Attachment: Homeshare (Ord 2484) (5690 : Homeshare Regulations – Permanent Ordinance Amending Chapter 6.20 (10 min)) Chapter. Rental of units within City approved hotels, motels and bed and breakfasts shall not be considered Vacation Rental.

6. 20.020 Home - Sharing Authorization
a) Notwithstanding any provision of this Code to the contrary, Home - Sharing shall be authorized in the City, provided that the Home - Sharing host complies with each of the following requirements:
1) Obtains and maintains at all times a City Business License authorizing Home - Sharing activity.
2) Operates the Home - Sharing activity in compliance with all Business License permit conditions, which may be imposed by the City to effectuate the purpose of this Chapter.
3) Collects and remits Transient Occupancy Tax ( " TOT'), in coordination with any Hosting Platform if utilized, to the City and complies with all City TOT requirements as set forth in Chapter 6. 68 of this Code. 4) Takes responsibility for and actively prevents any nuisance activities that may take place as a result of Home - Sharing activities. 5) Complies with all applicable laws, including all health, safety, building, fire protection, and rent control laws.
6) Complies with the regulations promulgated pursuant to this Chapter.
b) If any provision of this Chapter conflicts with any provision of the Zoning Ordinance codified in Article IX of this Code, the terms of this Chapter shall prevail. 5 10.E.d
Packet Pg. 1100 Attachment: Homeshare (Ord 2484) (5690 : Homeshare Regulations – Permanent Ordinance Amending Chapter 6.20 (10 min))

6. 20. 030 Prohibitions
a) No person, including any Hosting Platform operator, shall undertake, maintain, authorize, aid, facilitate or advertise any Home - Sharing activity that does not comply with Section 6. 20. 020 of this Code or any Vacation Rental activity.

6. 20. 050 Hosting Platform Responsibilities
The operator / owner of any Hosting Platform shall:
a) be responsible for collecting all applicable TOTs and remitting the same to the City. The Hosting Platform shall be considered an agent of the host for purposes of TOT collections and remittance responsibilities as set forth in Chapter 6. 68 of this Code. b) disclose to the City on a regular basis each Home Sharing and Vacation Rental listing located in the City, the names of the persons responsible for each such listing, the address of each such listing, the length of stay for each such listing and the price paid for each stay.

6. 20. 080 Regulations
The City Manager or his or her designee may promulgate regulations, which may include but are not limited to permit conditions, reporting requirements, inspection frequencies, enforcement procedures, advertising restrictions, disclosure requirements, or insurance requirements, to implement the provisions of this Chapter. No person shall fail to comply with any such regulation.

6. 20. 090 Fees
The City Council may establish and set by Resolution all fees and charges as may be necessary to effectuate the purpose of this Chapter.

10.E.d
Packet Pg. 1101 Attachment: Homeshare (Ord 2484) (5690 : Homeshare Regulations – Permanent Ordinance Amending Chapter 6.20 (10 min))

6. 20. 100 Enforcement.
a) Any person violating any provision of this Chapter shall be guilty of an infraction, which shall be punishable by a fine not exceeding two hundred fifty dollars, or a misdemeanor, which shall be punishable by a fine not exceeding five hundred dollars, or by imprisonment in the County Jail for a period not exceeding six months or by both such fine and imprisonment.
b) Any person convicted of violating any provision of this Chapter in a criminal case or found to be in violation of this Chapter in a civil case brought by a law enforcement agency shall be ordered to reimburse the City and other participating law enforcement agencies their full investigative costs, pay all back TOTs, and remit all illegally obtained rental revenue to the City so that it may be returned to the HomeSharing visitors or used to compensate victims of illegal short term rental activities. c) Any person who violates any provision of this Chapter shall be subject to administrative fines and administrative penalties pursuant to Chapter 1. 09 and Chapter

1. 10 of this Code.
d) Any interested person may seek an injunction or other relief to prevent or remedy violations of this Chapter. The prevailing party in such an action shall be entitled to recover reasonable costs and attorney' s fees. e) The remedies provided in this Section are not exclusive, and nothing in this Section shall preclude the use or application of any other remedies, penalties or procedures established by law.
1'I

10.E.d
Packet Pg. 1102 Attachment: Homeshare (Ord 2484) (5690 : Homeshare Regulations – Permanent Ordinance Amending Chapter 6.20 (10 min)) SECTION 2. Any provision of the Santa Monica Municipal Code or appendices thereto inconsistent with the provisions of this Ordinance, to the extent of such inconsistencies and no further, is hereby repealed or modified to that extent necessary to effect the provisions of this Ordinance.

SECTION 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 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.

APPROVED AS TO FORM:

Wildw i
MAR A JO S MOUT cIE
City Attorney
U.

10.E.d
Packet Pg. 1103 Attachment: Homeshare (Ord 2484) (5690 : Homeshare Regulations – Permanent Ordinance Amending Chapter 6.20 (10 min)) Approved and adopted this 12th day of May, 2015.

ILI k
nK McKeown, Mayor
State of California )
County of Los Angeles ) ss.

City of Santa Monica )
I, Sarah P. Gorman, City Clerk of the City of Santa Monica, do hereby certify that the foregoing Ordinance No. 2484 ( CCS) had its introduction on April 28, 2015, and was adopted at the Santa Monica City Council meeting held on May 12, 2015, by the following vote:

Ayes: Councilmembers: Davis, Himmelrich, O' Connor, O' Day, Winterer Mayor McKeown, Mayor Pro Tern Vazquez
Noes: Councilmembers: None

Absent: Councilmembers: None
A summary of Ordinance No. 2484 ( CCS) was duly published pursuant to California Government Code Section 40806 .

ATTEST:

SaraPGorman, City Clerk

10.E.d
Packet Pg. 1104 Attachment: Homeshare (Ord 2484) (5690 : Homeshare Regulations – Permanent Ordinance Amending Chapter 6.20 (10 min))

10.E.e
Packet Pg. 1105 Attachment: Homeshare (Ord 2535) (5690 : Homeshare Regulations – Permanent Ordinance Amending Chapter 6.20 (10 min))

10.E.e
Packet Pg. 1106 Attachment: Homeshare (Ord 2535) (5690 : Homeshare Regulations – Permanent Ordinance Amending Chapter 6.20 (10 min))

10.E.e
Packet Pg. 1107 Attachment: Homeshare (Ord 2535) (5690 : Homeshare Regulations – Permanent Ordinance Amending Chapter 6.20 (10 min))

10.E.e
Packet Pg. 1108 Attachment: Homeshare (Ord 2535) (5690 : Homeshare Regulations – Permanent Ordinance Amending Chapter 6.20 (10 min))

10.E.e
Packet Pg. 1109 Attachment: Homeshare (Ord 2535) (5690 : Homeshare Regulations – Permanent Ordinance Amending Chapter 6.20 (10 min))

10.E.e
Packet Pg. 1110 Attachment: Homeshare (Ord 2535) (5690 : Homeshare Regulations – Permanent Ordinance Amending Chapter 6.20 (10 min))

10.E.e
Packet Pg. 1111 Attachment: Homeshare (Ord 2535) (5690 : Homeshare Regulations – Permanent Ordinance Amending Chapter 6.20 (10 min))

10.E.e
Packet Pg. 1112 Attachment: Homeshare (Ord 2535) (5690 : Homeshare Regulations – Permanent Ordinance Amending Chapter 6.20 (10 min))

10.E.e
Packet Pg. 1113 Attachment: Homeshare (Ord 2535) (5690 : Homeshare Regulations – Permanent Ordinance Amending Chapter 6.20 (10 min))

10.E.e
Packet Pg. 1114 Attachment: Homeshare (Ord 2535) (5690 : Homeshare Regulations – Permanent Ordinance Amending Chapter 6.20 (10 min))

10.E.e
Packet Pg. 1115 Attachment: Homeshare (Ord 2535) (5690 : Homeshare Regulations – Permanent Ordinance Amending Chapter 6.20 (10 min))

10.E.f
Packet Pg. 1116 Attachment: Homeshare (Ord 2547) (5690 : Homeshare Regulations – Permanent Ordinance Amending Chapter 6.20 (10 min))

10.E.f
Packet Pg. 1117 Attachment: Homeshare (Ord 2547) (5690 : Homeshare Regulations – Permanent Ordinance Amending Chapter 6.20 (10 min))

10.E.f
Packet Pg. 1118 Attachment: Homeshare (Ord 2547) (5690 : Homeshare Regulations – Permanent Ordinance Amending Chapter 6.20 (10 min))

10.E.f
Packet Pg. 1119 Attachment: Homeshare (Ord 2547) (5690 : Homeshare Regulations – Permanent Ordinance Amending Chapter 6.20 (10 min))

10.E.f
Packet Pg. 1120 Attachment: Homeshare (Ord 2547) (5690 : Homeshare Regulations – Permanent Ordinance Amending Chapter 6.20 (10 min)) 1 City Council Meeting: September 24, 2019 Santa Monica, California ORDINANCE NUMBER 2616 (CCS)
(City Council Series)

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
SANTA MONICA AMENDING AND REVISING CHAPTER 6.20 OF THE

SANTA MONICA MUNICIPAL CODE TO STRENGTHEN REGULATION OF

HOME-SHARING AND VACATION RENTALS
WHEREAS, a central and significant goal for the City is preservation of its housing stock and preserving the quality and character of residential neighborhoods; and
WHEREAS, Santa Monica places a high value on cohesive and active residential neighborhoods and the diverse population that resides therein; and WHEREAS, the City must preserve its available housing stock and the character and charm that result, in part, from cultural, ethnic, and economic diversity of its resident population, as a key factor in economic growth; and WHEREAS, Santa Monica's natural beauty, its charming residential communities, its vibrant commercial quarters and its world-class amenities have drawn visitors from around the United States and around the world; and WHEREAS, there is within the City a diverse array of short-term rentals for visitors, including, hotels, motels, bed and breakfasts, vacation rentals and home sharing, not all of which are lawful; and
DocuSign Envelope ID: 467A65C9-D9FC-4927-B12C-F062C5608568

10.E.g
Packet Pg. 1121 Attachment: Homeshare (Ord 2616) (5690 : Homeshare Regulations – Permanent Ordinance Amending Chapter 6.20 (10 min)) 2 WHEREAS, operations of vacation rentals, where residents rent entire units to visitors and are not present during the visitors' stays, frequently disrupt the quietude and residential character of the neighborhoods and adversely impact the community; and
WHEREAS, home-sharing does not create the same adverse impacts as unsupervised vacation rentals when the home-shares are hosted by the owner or a long-term resident who lives on site and is present to introduce guests to the City’s neighborhoods and regulate guests’ behavior; and
WHEREAS, while the City recognizes that home-sharing activities can be conducted in harmony with surrounding uses, those activities must be regulated to ensure that the home-sharing activities do not threaten or harm the public health, safety, or general welfare; and
WHEREAS, on May 12, 2015, the City Council adopted Ordinance Number 2484, which added Chapter 6.20 to the Santa Monica Municipal Code and thereby preserved the City’s prohibition on vacation rentals, but authorized “home-sharing,” whereby residents host visitors in their homes for short periods of stay, for compensation, while the resident host remains present throughout the visitors’ stay; and WHEREAS, on January 24, 2017, the City Council adopted Ordinance Number 2535CCS, which amended Chapter 6.20 to clarify its application to hosting platforms; and
DocuSign Envelope ID: 467A65C9-D9FC-4927-B12C-F062C5608568

10.E.g
Packet Pg. 1122 Attachment: Homeshare (Ord 2616) (5690 : Homeshare Regulations – Permanent Ordinance Amending Chapter 6.20 (10 min)) 3 WHEREAS, on June 27, 2017, the City Council adopted Ordinance Number 2547CCS, which further amended Chapter 6.20 to address the use of accessory dwelling units that received their building permits after March 31, 2017 as home-shares; and
WHEREAS, in the time since Chapter 6.20 was first added, the City has issued over 450 business licenses authorizing home-sharing; and WHEREAS, the City is investigating approximately 30% of the licensed homeshare hosts as operating vacation rental businesses under the guise of home-sharing; and
WHEREAS, the City strives to strike a balance between preserving the City’s available housing stock, protecting the residential character of neighborhoods, and preventing home-shares from turning into de facto hostels and hotels, while at the same time permitting owners and long-term residents to host guests as part of a home-share; and;
WHEREAS, the costs of regulating and enforcing the requirements of the homesharing program are significant and should be borne, at least in part, by those benefitting from their participation in the home-sharing program; and WHEREAS, the City Council now wishes to amend Chapter 6.20 to clarify existing regulations and to implement various public health, safety, and general welfare regulations governing home-sharing.

DocuSign Envelope ID: 467A65C9-D9FC-4927-B12C-F062C5608568

10.E.g
Packet Pg. 1123 Attachment: Homeshare (Ord 2616) (5690 : Homeshare Regulations – Permanent Ordinance Amending Chapter 6.20 (10 min)) 4 NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SANTA MONICA DOES HEREBY ORDAIN AS FOLLOWS:

SECTION 1. Santa Monica Municipal Code Chapter 6.20 is hereby amended to read as follows:

6.20.010 Definitions.

For purposes of this Chapter, the following words or phrases shall have the following meanings:
(a) Bedroom. Any habitable space in a dwelling unit other than a kitchen or living room that is intended for or capable of being used for sleeping, is at least 70 square feet in area, is separated from other rooms by a door, and is accessible to a bathroom without crossing another bedroom.
(b) Booking Transaction. Any reservation or payment service provided by a person who facilitates a home-sharing or vacation rental transaction between a prospective visitor and a host.
(c) Dwelling Unit. One or more rooms designed, occupied, or intended for occupancy as separate living quarters, with full cooking, sleeping, and bathroom facilities for the exclusive use of a single household. A dwelling unit includes a single‐family residence, and each unit of an apartment, duplex, or multiple dwelling structure designed as a separate habitation for one or more persons, but does not include units located within City-approved hotels, motels, and bed and breakfasts, as defined in section

9.51.030(B)(15). An accessory dwelling unit, as defined by section 9.31.300, that received its building permit on or after March 31, 2017, constitutes a separate dwelling unit for the purpose of this Chapter.

DocuSign Envelope ID: 467A65C9-D9FC-4927-B12C-F062C5608568

10.E.g
Packet Pg. 1124 Attachment: Homeshare (Ord 2616) (5690 : Homeshare Regulations – Permanent Ordinance Amending Chapter 6.20 (10 min)) 5 (d) Eligible Resident. Any natural person who (1) is either (i) a long-term resident of a dwelling unit or (ii) an owner of a dwelling unit and (2) uses that dwelling unit as his or her primary residence.
(e) Home-Sharing. Renting for a period of 30 consecutive days or less, one or more bedrooms in a dwelling unit that is the primary residence of the host, while the host lives on-site, in the dwelling unit, throughout the visitors’ stay. A dwelling unit rented out for home-sharing is referred to as a “home-share.”
(f) Host. Any natural person who is an eligible resident of a dwelling unit offered for use as a home-share.
(g) Hosting Platform. A person who participates in the home-sharing or vacation rental business by collecting or receiving a fee, directly or indirectly through an agent or intermediary, for conducting a booking transaction using any medium of facilitation.
(h) Lives On Site. Maintains a physical presence in the dwelling unit, including, but not limited to, sleeping overnight, preparing and eating meals, and engaging in other activities in the dwelling unit, of the type typically maintained by a natural person in the dwelling unit in which he or she is an eligible resident. (i) Long-Term Resident. Any natural person who, as of the date a homeshare application is submitted pursuant to Section 6.20.021: (1) has occupied the dwelling unit that is the subject of the home-share application as his or her primary residence for at least the prior 12 months; and (2) has either (i) if the natural person is a tenant, subtenant, lessee, or sublessee, a written rental housing agreement for the dwelling unit for a period of 12 months or more after the date the home-share application is submitted DocuSign Envelope ID: 467A65C9-D9FC-4927-B12C-F062C5608568

10.E.g
Packet Pg. 1125 Attachment: Homeshare (Ord 2616) (5690 : Homeshare Regulations – Permanent Ordinance Amending Chapter 6.20 (10 min)) 6 or (ii) if the natural person is not a tenant, subtenant, lessee, or sublessee, written documentation establishing that the natural person will reside at the dwelling unit for a period of 12 months or more after the date the home-share application is submitted. (j) Owner. Any person who, alone or with others, has legal or equitable title to a dwelling unit. A person whose interest in a dwelling unit is solely that of a tenant, subtenant, lessee, or sublessee under an oral or written rental housing agreement shall not be considered an owner.
(k) Person. Any natural person, joint venture, joint stock company, partnership, association, club, company, corporation, business trust, or organization of any kind. (l) Primary Residence. The usual place of return for housing of an owner or long-term resident as documented by at least two of the following: motor vehicle registration, driver’s license, California state identification card, voter registration, income tax return, property tax bill, or a utility bill. A person can only have one primary residence. (m) Vacation Rental. Renting for a period of 30 consecutive days or less any dwelling unit, in whole or in part, for exclusive transient use. Exclusive transient use shall mean that no eligible resident of the dwelling unit lives on-site, in the dwelling unit, throughout any visitor’s stay. Rentals of units located within City-approved hotels, motels, and bed and breakfasts shall not be considered vacation rentals. (n) Visitor. A natural person who rents a home-share or vacation rental.

DocuSign Envelope ID: 467A65C9-D9FC-4927-B12C-F062C5608568

10.E.g
Packet Pg. 1126 Attachment: Homeshare (Ord 2616) (5690 : Homeshare Regulations – Permanent Ordinance Amending Chapter 6.20 (10 min)) 7 6.20.020 Home-sharing authorization.
(a) Notwithstanding any provision of this Code to the contrary, home-sharing shall be authorized in the City, provided that the host complies with each of the following requirements:
(1) Obtains and maintains at all times a City home-sharing permit issued pursuant to this Chapter and a business license issued pursuant to Chapter 6.04. (2) Operates the home-sharing activity in compliance with all permit conditions for home-sharing as set forth in Section 6.20.021 and any regulations promulgated pursuant to this Chapter.
(3) Collects and remits Transient Occupancy Tax (“TOT”), in coordination with any hosting platform if utilized, to the City and complies with all City TOT requirements as set forth in Chapter 6.68 of this Code. (4) Takes responsibility for and actively prevents any nuisance activities that may take place as a result of home-sharing activities. (5) Ensures that basic health and safety features are provided, including fire extinguishers, smoke detectors, and carbon monoxide detectors. (6) Does not book or rent to more than two groups of visitors for any given date, whether the visitors within the groups are related to one another or not. (7) Limits the occupancy of the home-share (including the host, all other eligible residents, and all visitors) to the lesser of (i) 10 persons; (ii) one person per 200 square feet of the dwelling unit; or (iii) two persons (excluding minor children) per bedroom.

DocuSign Envelope ID: 467A65C9-D9FC-4927-B12C-F062C5608568

10.E.g
Packet Pg. 1127 Attachment: Homeshare (Ord 2616) (5690 : Homeshare Regulations – Permanent Ordinance Amending Chapter 6.20 (10 min)) 8 (8) Limits visitors to (i) no more than one vehicle per bedroom rented as part of the home-share or (ii) if the home-share is located in a preferential parking zone, no more than two vehicles that shall be required to use the visitor permits available under Chapter 3.08 of this Code. A visitor’s vehicle may be parked on site, to the extent available, or in legal street parking. (9) Maintains liability insurance to cover home-sharing with minimum limits of not less than $500,000 or conducts each home-sharing transaction through a hosting platform that provides equal or greater coverage. (10) Complies with Section 6.20.022 governing advertisements of homeshares. (11) Complies with all applicable laws, including the noise limitations set forth in Chapter 4.12 of this Code, and all health, safety, building, fire protection, and rent control laws.
(12) Complies with all regulations promulgated pursuant to this Chapter. (b) All hosts and their respective properties, authorized by the City for homesharing purposes pursuant to this Section, shall be listed on a registry created by the City and updated periodically by the City. The City shall publish the registry, and a copy shall be sent electronically to any person upon request.
(c) If any provision of this Chapter conflicts with any provision of the Zoning Ordinance codified in Article IX of this Code, the terms of this Chapter shall prevail with respect to interpretation and enforcement of this Chapter.

DocuSign Envelope ID: 467A65C9-D9FC-4927-B12C-F062C5608568

10.E.g
Packet Pg. 1128 Attachment: Homeshare (Ord 2616) (5690 : Homeshare Regulations – Permanent Ordinance Amending Chapter 6.20 (10 min)) 9 6.20.021 Home-sharing permit conditions.
(a) Application required. To obtain a home-sharing permit for a dwelling unit, a host shall submit an application on a form to be provided by the City and signed by the host under penalty of perjury. The application for the home-sharing permit shall include the following information:
(1) Address of the proposed home-share;
(2) Type of dwelling unit;
(3) Whether the applicant is an owner or long-term resident; (4) If applicable, proof that the applicant is a long-term resident; (5) Proof that the proposed home-share is the primary residence of the applicant;
(6) The name and contact information for any other eligible residents of the proposed home-share who will be serving as hosts, together with proof that each identified host is an eligible resident of the proposed home-share; (7) The square footage of the proposed home-share;
(8) The number of bedrooms in the proposed home-share;
(9) The maximum number of visitors per night, which shall not exceed the maximum permitted in accordance with Section 6.20.020(a)(6); (10) Proof of insurance;
(11) Certification that the host will comply with all provisions of this Chapter and all regulations promulgated pursuant to this Chapter or be subject to the revocation of his or her home-sharing permit and business license; and DocuSign Envelope ID: 467A65C9-D9FC-4927-B12C-F062C5608568

10.E.g
Packet Pg. 1129 Attachment: Homeshare (Ord 2616) (5690 : Homeshare Regulations – Permanent Ordinance Amending Chapter 6.20 (10 min)) 10 (12) Any other information required by regulations promulgated pursuant to this Chapter.
(b) Application Fee. The initial application and each renewal application for a home-sharing permit shall be accompanied by an application fee to be established by resolution by the City Council.
(c) Duty to Amend Application. If there are any material changes to the information submitted on a home-sharing permit application, the host shall submit an amended application on a form to be provided by the City and signed by the host under penalty of perjury within 30 days of any such changes. For the purposes of this Section, any change to the information required to be included in a home-sharing permit application by subsection (a) of this Section shall constitute a material change. Failure to submit an amended home-sharing permit application may result in revocation of the home-sharing permit and business license.
(e) Term of Permit. Notwithstanding any provision of this Code to the contrary, any home-sharing permit shall be effective for same period as the term of the host’s business license.
(f) Renewal of Permit. A host may renew his or her home-sharing permit by submitting a completed permit renewal application on a form to be provided by the City and signed by the host under penalty of perjury. The permit renewal application shall include all of the information required by subsection (a) of this Section. (g) No Transfer or Assignment. A home-sharing permit may not be assigned or transferred to any other person.

DocuSign Envelope ID: 467A65C9-D9FC-4927-B12C-F062C5608568

10.E.g
Packet Pg. 1130 Attachment: Homeshare (Ord 2616) (5690 : Homeshare Regulations – Permanent Ordinance Amending Chapter 6.20 (10 min)) 11 6.20.022 Advertisements for home-sharing.
(a) The host shall include the following information in any advertisement for home-sharing:
(1) The business license number issued by the City;
(2) That the host lives on site and will be present in the home-share throughout the visitor’s stay;
(3) The permitted occupancy of the home-share as specified in the home-sharing permit application;
(4) The permitted number of visitor vehicles, in accordance with Section

6.20.020(a)(8);
(5) That the home-share cannot be booked or rented to more than two groups of visitors for any given date, whether the visitors within the groups are related to one another or not; and
(6) Any other information required by regulations promulgated pursuant to this Chapter.
(b) A host is limited to posting no more than two listings for the home-share on each hosting platform or other media outlet. If a host posts a listing for the home-share on multiple hosting platforms or other media outlets, only two listings may be booked for any given date.
(c) No advertisements regarding the availability of a dwelling unit for homesharing shall be posted in or on any exterior area of the dwelling unit, any exterior area of any other dwelling unit on the same lot, or the lot on which the dwelling unit is located.

DocuSign Envelope ID: 467A65C9-D9FC-4927-B12C-F062C5608568

10.E.g
Packet Pg. 1131 Attachment: Homeshare (Ord 2616) (5690 : Homeshare Regulations – Permanent Ordinance Amending Chapter 6.20 (10 min)) 12 6.20.030 Prohibitions.
(a) No person shall undertake, maintain, authorize, aid, facilitate or advertise any vacation rental or any home-sharing that does not comply with this Chapter. For the purposes of this section only, person does not include a hosting platform. (b) No host may be the host for more than one home-share.

6.20.050 Hosting platform responsibilities.
(a) Hosting platforms shall be responsible for collecting all applicable TOTs and remitting the same to the City. The hosting platform shall be considered an agent of the host for purposes of TOT collections and remittance responsibilities as set forth in Chapter 6.68 of this Code.
(b) Subject to applicable laws, hosting platforms shall disclose to the City on a regular basis each home-sharing and vacation rental listing located in the City, the names of the persons responsible for each such listing, the address of each such listing, the length of stay for each such listing and the price paid for each stay. (c) Hosting platforms shall not complete any booking transaction for any residential property or unit unless it is listed on the City’s registry created under Section

6.20.020 subsection (b), at the time the hosting platform receives a fee for the booking transaction.
(d) Hosting platforms shall not collect or receive a fee, directly or indirectly through an agent or intermediary, for facilitating or providing services ancillary to a vacation rental or unregistered home-share, including, but not limited to, insurance, concierge services, catering, restaurant bookings, tours, guide services, entertainment, cleaning, property management, or maintenance of the residential property or unit.

DocuSign Envelope ID: 467A65C9-D9FC-4927-B12C-F062C5608568

10.E.g
Packet Pg. 1132 Attachment: Homeshare (Ord 2616) (5690 : Homeshare Regulations – Permanent Ordinance Amending Chapter 6.20 (10 min)) 13 (e) Safe Harbor. A hosting platform operating exclusively on the Internet, which operates in compliance with subsections (a), (b), (c), and (d) above, shall be presumed to be in compliance with this Chapter, except that the hosting platform remains responsible for compliance with the administrative subpoena provisions of this Chapter. (f) The provisions of this Section shall be interpreted in accordance with otherwise applicable State and Federal law(s) and will not apply if determined by the City to be in violation of, or preempted by, any such law(s).

6.20.080 Regulations.

The City Manager or designee may promulgate regulations, which may include, but are not limited to, permit conditions, reporting requirements, inspection frequencies, enforcement procedures, additional advertising restrictions, disclosure requirements, administrative subpoena procedures or additional insurance requirements, to implement the provisions of this Chapter. No person shall fail to comply with any such regulation.

6.20.090 Fees.

The City Council may establish and amend by resolution all fees and charges as may be necessary to effectuate the purpose of this Chapter, including, but not limited to, the application fee required by Section 6.20.021.

6.20.100 Enforcement.
(a) Any host violating any provision of this Chapter, any person other than a hosting platform who facilitates or attempts to facilitate a violation of this Chapter, or a hosting platform that violates its obligations under Section 6.20.050, shall be guilty of an infraction, which shall be punishable by a fine not exceeding $750, or a misdemeanor, DocuSign Envelope ID: 467A65C9-D9FC-4927-B12C-F062C5608568

10.E.g
Packet Pg. 1133 Attachment: Homeshare (Ord 2616) (5690 : Homeshare Regulations – Permanent Ordinance Amending Chapter 6.20 (10 min)) 14 which shall be punishable by a fine not exceeding $1,000, or by imprisonment in the County Jail for a period not exceeding six months or by both such fine and imprisonment. (b) Any person convicted of violating any provision of this Chapter in a criminal case or found to be in violation of this Chapter in a civil or administrative case brought by a law enforcement agency shall be ordered to reimburse the City and other participating law enforcement agencies their full investigative costs, pay all back TOTs, and remit all illegally obtained rental revenue to the City so that it may be returned to the home-sharing visitors or used to compensate victims of illegal short-term rental activities. (c) Any host who violates any provision of this Chapter, any person other than a hosting platform who facilitates or attempts to facilitate a violation of this Chapter, or a hosting platform that violates its obligations under Section 6.20.050, shall be subject to administrative fines and administrative penalties pursuant to Chapters 1.09 and 1.10 of this Code.
(d) Any interested person may seek an injunction or other relief to prevent or remedy violations of this Chapter. The prevailing party in such an action shall be entitled to recover reasonable costs and attorney’s fees.
(e) The City may issue and serve administrative subpoenas as necessary to obtain specific information regarding home-sharing and vacation rental listings located in the City, including, but not limited to, the names of the persons responsible for each such listing, the address of each such listing, the length of stay for each such listing and the price paid for each stay, to determine whether the home-sharing and vacation rental listings comply with this Chapter. Any subpoena issued pursuant to this section shall not require the production of information sooner than 30 days from the date of service. A DocuSign Envelope ID: 467A65C9-D9FC-4927-B12C-F062C5608568

10.E.g
Packet Pg. 1134 Attachment: Homeshare (Ord 2616) (5690 : Homeshare Regulations – Permanent Ordinance Amending Chapter 6.20 (10 min)) 15 person that has been served with an administrative subpoena may seek judicial review during that 30 day period.
(f) The remedies provided in this Section are not exclusive, and nothing in this Section shall preclude the use or application of any other remedies, penalties or procedures established by law.

10.E.g
Packet Pg. 1135 Attachment: Homeshare (Ord 2616) (5690 : Homeshare Regulations – Permanent Ordinance Amending Chapter 6.20 (10 min)) 16 shall become effective 30 days from its adoption, and shall apply to all home-shares, including those operating under business licenses obtained prior to the effective date of this Ordinance.

APPROVED AS TO FORM:
_______________________

LANE DILG
City Attorney
DocuSign Envelope ID: 467A65C9-D9FC-4927-B12C-F062C5608568

10.E.g
Packet Pg. 1136 Attachment: Homeshare (Ord 2616) (5690 : Homeshare Regulations – Permanent Ordinance Amending Chapter 6.20 (10 min)) Approved and adopted this 24th day of September, 2019.
_____________________________
Gleam Davis, Mayor
State of California )
County of Los Angeles ) ss.

City of Santa Monica )
I, Denise Anderson-Warren, City Clerk of the City of Santa Monica, do hereby certify that the foregoing Ordinance No. 2616 (CCS) had its introduction on September 10, 2019, and was adopted at the Santa Monica City Council meeting held on September 24, 2019, by the following vote:

AYES: Councilmembers Morena, McKeown, Himmelrich, Winterer, Jara, Mayor Pro Tem O’Day, Mayor Davis
NOES: None
ABSENT: None
ATTEST:
_____________________________________ _________________ Denise Anderson-Warren, City Clerk Date
A summary of Ordinance No. 2616 (CCS) was duly published pursuant to California Government Code Section 40806.

DocuSign Envelope ID: 467A65C9-D9FC-4927-B12C-F062C5608568 10/23/2019

10.E.g
Packet Pg. 1137 Attachment: Homeshare (Ord 2616) (5690 : Homeshare Regulations – Permanent Ordinance Amending Chapter 6.20 (10 min)) Attachment H
Excerpt of Zoning Ordinance Amendment Required for Home-Sharing (SMMC Section 9.21.020)
Approved by Council on April 11, 2023 as Part of the Zoning Ordinance Amendments for Housing Element Implementation

10.E.h
Packet Pg. 1138 Attachment: Previously Approved Zoning Ord Amendment for Homeshare (5690 : Homeshare Regulations – Permanent Ordinance Amending Item 10E.

Home-Share Ordinance
City Council
May 9, 2023

10.E.i
Packet Pg. 1139 Attachment: PowerPoint Presentation (5690 : Homeshare Regulations – Permanent Home-share Ordinance
Staff Recommendation
• Adopt a finding of no possibility of significant environmental effect pursuant to CEQA  Introduce for first reading an ordinance to amend the City’s home-share ordinance (SMMC Chapter 6.20)
Responds to Council’s direction in June 2021 and October 2022 • Codifies Council’s temporary Home-share Legalization Program approved in October 2022. • Home-share & accessory building regulations did not provide a way for a limited number of property owners to continue to home-share their detached structures, even though they were previously permitted by the City for home-sharing.
• ~16 homeowners

10.E.i
Packet Pg. 1140 Attachment: PowerPoint Presentation (5690 : Homeshare Regulations – Permanent Home-share Ordinance
Responds to Council’s direction in June 2021 and October 2022 • Eliminates requirement that an accessory structure be located within 6 feet of primary residence for home-sharing
• Accessory structures, unlike ADUs, are not independent dwelling units (i.e., do not have full kitchens) • Allows limited number of existing ADUs permitted on/after March 31, 2017 to continue eligibility for home-sharing, if:
• All Legalization Program criteria are met and a valid home-share license is maintained • 6 ADUs are part of the Legalization Program to date

10.E.i
Packet Pg. 1141 Attachment: PowerPoint Presentation (5690 : Homeshare Regulations – Permanent City Council
Report
City Council Meeting: May 9, 2023
Agenda Item: 11.A
1 of 56
To: Mayor and City Council
From: Danielle Noble, Acting Director, Community Services Department, Housing and Human Services
Subject: Annual Interdepartmental Update on Addressing Homelessness 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 comment on the 2023 Annual Interdepartmental Homelessness Report and provide staff with guidance on implementing next steps.

3. Extend the Proclamation of Local Emergency on Homelessness through May 31, 2024, unless repealed or extended by Council, due to the ongoing crisis of homelessness as evidenced by the 2023 increase in the Point-In-Time Count.

4. Authorize the City Manager to negotiate and execute an agreement with the County of Los Angeles for operation of the City + County + Community (C3) Homeless Outreach Teams. This award is made as an exception to the competitive bidding process pursuant to Sections 2.24.250 (i) and 2.24.240 (a) of the Santa Monica Municipal Code (“SMMC”) and is for a term of four years at a total amount not-to-exceed $5,040,000, with future year funding contingent on Council budget approval.

5. Authorize the City Manager to negotiate and execute an agreement with The People Concern for operation of the Homeless Multidisciplinary Street Team (HMST). This award is made as an exception to the competitive bidding process pursuant to SMMC Sections 2.24.250 (i) and 2.24.240 (a) and is for a term of four years at a total amount not to exceed $2,400,000, with future year funding contingent on Council budget approval.

6. Authorize the City Manager to negotiate and execute an agreement with Exodus Recovery for the Services, Treatment & Empowerment Program (STEP). This award is made as an exception to the competitive bidding process pursuant to SMMC Sections 2.24.250 (i) and 2.24.240 (a) and is for a term of 4 years at a total amount not-to-exceed $400,000, with future year funding contingent on Council budget approval.

11.A
Packet Pg. 1142
2 of 56

7. Authorize the City Manager to negotiate and execute a first modification to agreement #11265 (CCS) in the amount of $2,100,000 with Legal Aid Foundation of Los Angeles for the Eviction Prevention and Right to Counsel programs. This proposed modification would also extend the term through June 30, 2027, resulting in a five-year amended agreement with a new total amount not-to-exceed $2,300,000, with future year funding contingent upon Council budget approval.

8. Authorize the City Manager to negotiate and execute a first modification to agreement #10705 (CCS) in the amount not to exceed $200,000 with Dorothy Berndt, a California-based Licensed Clinical Social Worker, to connect at-risk voucher program tenants with local support services to maintain housing stability.

This proposed modification would extend the term through June 30, 2025, resulting in a seven-year amended agreement with a new total amount not-toexceed $465,000, with future year funding contingent upon Council budget approval.

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

Introduction
Rooted in best practice, Santa Monica has a comprehensive, coordinated, and interdisciplinary approach to addressing homelessness, one that includes non-profits, the County, the State, and several City departments working together to address the impacts of homelessness on the community and support individuals experiencing homelessness. These partners form the local Homeless Service System. The local Homeless Service System works together to assess, provide services to, and house people experiencing homelessness as well as enforce all local laws to keep neighborhoods clean and safe.

Within the City, staff have developed an inter-departmental team that works together to address homelessness and its impact on the broader community of people who live, play, and/or work in Santa Monica. This inter-departmental team uses Santa Monica’s established Four Pillar approach for preventing and addressing homelessness adopted by the City Council in March 2019 (Attachment B) to guide their work.

11.A
Packet Pg. 1143
3 of 56
At its March 11, 2023 workshop, Council affirmed Preventing Homelessness as a priority (Attachment J), adopting a priority statement of:

Prevent housed Santa Monicans from becoming homeless and increase the supply of affordable housing; address the behavioral health needs of vulnerable individuals; and advocate for regional capacity to address homelessness.

In addressing this long-standing priority, Santa Monica is making substantial and meaningful investments to address and prevent homelessness via interdepartmental collaboration, regional coordination, and voter approved tax measures CS and GS.

The City funds local solutions with existing resources and by leveraging new funds via Measure CS and Measure GS; prioritizing People Experiencing Homelessness who have a connection to the City and assisting those who do not with referrals to regional programs or reconnections to support systems; and supporting regional solutions through work with Los Angeles City and County partners.

However, there are significant impacts that occur by virtue of Santa Monica’s location in a state and a county with the largest numbers of people experiencing homelessness in the nation. This complex environment of service providers, investments, and pressures on the service system provides the backdrop for this annual update on homelessness and our 2023 Homeless Point-in-Time Count results.

Acknowledging the urgent need to address the mounting impacts from homelessness and serve those experiencing homelessness, the Council adopted a Proclamation Declaring a Local Emergency Order on Homelessness on February 14, 2023 (Attachment I). Staff recommends extending the local emergency through May 31, 2024, unless repealed or extended by Council (Attachment R), and approving needed investments to address homelessness given the 2023 Pointin-Time Count results to enable staff to maintain and scale up proven interventions to address homelessness.

11.A
Packet Pg. 1144
4 of 56

11.A
Packet Pg. 1145
5 of 56
Review of the City’s Four Pillar Approach
While homelessness is a complex regional issue that cannot be solved by any single community, Santa Monica has an extensive five-decade history of deep investments in a local safety net, affordable housing, and coordinated efforts to prevent and address homelessness. The experience and expertise gained through this decades of work culminated in the Council approving the City’s Four Pillar Approach to Addressing Homeless in 2019. This approach focuses on:
• Preventing housed Santa Monicans from becoming homeless and increasing affordable housing opportunities;
• Addressing the behavioral health needs of vulnerable residents; • Maintaining equitable access to safe, fun, and healthy open spaces; and • Strengthening regional capacity to address homelessness.

Previous staff reports have chronicled key, interdepartmental initiatives, and proposed strategic investments as resources become available, and sought Council’s support for a comprehensive audit of the local homelessness system by Moss Adams, the City’s internal auditor.

Between April and October 2022, Moss Adams, the City’s internal auditor, conducted a comprehensive study of the City’s homelessness response and prevention efforts (Attachment K), including the City’s four pillar approach, focusing on three primary areas:
• the City’s planning, reporting, and communication environment; • the federal, state, and local service ecosystem; and
• City-led interventions and resource utilization.

11.A
Packet Pg. 1146
6 of 56
The goal of this study was to gain a holistic understanding of the City’s response to people experiencing homelessness in the city and to provide recommendations to the City to optimize its efforts to address homelessness. The study, which was presented to the Audit Subcommittee on November 28, 2022 (Attachment G) , prioritized investing in the areas of Affordable Housing, Regional Collaboration, and Internal Alignment. Specifically, Moss Adams named adequate levels of affordable housing and permanent supportive housing as the most critical components to homelessness prevention and resolution.

Homelessness is fundamentally a housing problem. Affordable housing prevents people at-risk of homelessness from falling into homelessness as well as ends an experience of homelessness. Emerging research names the most relevant contributing factors to homelessness as rent prices and vacancy rates. As housing becomes more expensive and scarcer, more people become homeless, especially in coastal cities like Los Angeles which have failed to develop the housing necessary to support the local economy.

Measure GS will infuse new revenues into the City’s Housing Trust Fund to create new deed-restricted affordable housing and expand homelessness prevention programs. It will take significant investment, will, and time to create the stock of affordable and permanent supportive housing necessary to house people who are currently homeless or at-risk of homelessness and the programs to prevent others from becoming so.

Building on the Moss Adams findings, staff have already taken the initial steps to establish a Homeless Strategic Plan. Grounded upon the City’s Four Pillar approach, the Homeless Strategic Plan will set clear policy direction, promote alignment, support regional efforts, and focus on measurable objectives. Additionally, an organizational realignment has been proposed to support this priority.

A new Housing and Human Services Department will become the organization point for homelessness services and programs, enabling the City to more

11.A
Packet Pg. 1147
7 of 56
rapidly achieve Measure CS, GS, and Audit objectives, and provide core focus and leadership on administering a comprehensive array of housing, educational, and social services programs in addition to investments to support vulnerable populations. Staff anticipate that additional capacity in the form of staff positions and expert resources will need to be added to the Housing and Human Services Department to support full implementation of Measure GS-funded activities.

Future capacity building proposals will be included in the Measure GS implementation plan.

11.A
Packet Pg. 1148
8 of 56
The Regional Context
To better understand the work to address homelessness and the Point in Time results in context, it is important to look at the national, state, and regional data. According to the United States Department of Housing and Urban Development (HUD) 2022 Annual Homelessness Assessment Report (AHAR) (Attachment L), there were 582,462 people experiencing homelessness in the United States. There were 171,521 people experiencing homelessness in California which accounts for 29.45% of the overall homeless population in the US. Of the 171,521 people experiencing homelessness in California, there were 115,491 (67.3%) who were unsheltered and 56,030 (32.7%) who were sheltered. California has the highest rate of people experiencing homelessness who were unsheltered in the nation. Between 2020 and 2022, California had the largest increase in overall homelessness in the nation with an increase of 9,973 or 6.2%.

Within California there are 44 Continuums of Care (CoCs). A CoC is a local planning body responsible for coordinating the full range of homelessness services in a geographic area. The CoCs help fund and coordinate the work of the broader local Homeless Service System.

In 2022, the Los Angeles Continuum of Care (CoC) had the largest number of people experiencing homelessness in the nation at 65,111(Attachment L). To help communities respond to this high volume of people experiencing homelessness, Los Angeles County’s CoC is divided into eight Service Planning Areas (SPAs). Santa Monica is in SPA 5, which includes the cities of Beverly Hills, Culver City and Malibu and the westside region of the City of Los Angeles, including LA City Council District 11 (CD 11). Santa Monica is geographically surrounded by LA City, specifically City Council District 11, and is consequently impacted by the fluctuations in and services to the homeless population there. According to the Los Angeles Homeless Services Authority (LAHSA) 2022 Greater Los Angeles Homeless Count Data (Attachment M),

11.A
Packet Pg. 1149
9 of 56
CD 11 includes 43.7% of all people experiencing homelessness in SPA 5, and only

27.7% of those who are sheltered.

District Unsheltered Sheltered Total
SPA 5 3,493 (76%) 1,111 (24%) 4,604
LA CD 11 1,704 (85%) 308 (15%) 2,012
Prioritizing Limited Resources
Santa Monica’s coordinated interdepartmental efforts have historically relied on close collaboration with an emphasis on prioritizing resources for the most vulnerable and chronically homeless individuals and judiciously enforcing applicable laws to promote public health and safety, while acknowledging that City resources alone are insufficient.

Since people experiencing homelessness can often move between jurisdictions and the level of services provided vary widely from city to city, Santa Monica prioritizes people experiencing homelessness who have a history of living or working in Santa Monica, rather than “passing through” or “recently arrived to” Santa Monica, through the Santa Monia Priority Population (SMPP) criteria. This approach is especially important because the City is the “end of the line” for many bus, train, and vehicle routes, making it a highly accessible destination.

Santa Monica cannot house everyone who is homeless and comes to Santa Monica nor is that the goal of the local homeless service system. For individuals recently arriving in Santa Monica who do not meet local or regional criteria for priority in housing, Santa Monica created the Project Homecoming program in 2006 which offers one-time assistance to reunite participants with friends or family who agree to provide permanent housing and necessary supports in their communities of origin. People experiencing homelessness may come here for a temporary or permanent stay and then realize that it is more difficult to survive here due to accessibility and affordability issues. Accordingly, if offered the opportunity to return to their support system for free, many people may accept, which is why the City is committed to maintaining Project

11.A
Packet Pg. 1150
10 of 56
Homecoming as an option which successfully reconnected 88 people experiencing homelessness to their support system in fiscal year 2022.

As stated in previous reports but important to reiterate here, in 2008 the City made the deliberate shift away from a “first-come, first-served” model to one that strategically prioritizes finite local resources for a clearly identified target population referred to as SMPP which includes:
• Homeless individual/family whose last permanent or regular address was in Santa Monica, and when he/she left that residence, they stayed within Santa Monica.
• Homeless individual/family that has been staying/living in Santa Monica for five or more years.
• Homeless individual/family has been referred by City staff as a high user of City resources and services.
• Homeless individual/family members who worked full-time within the City of Santa Monica for a minimum of six consecutive months.
• Homeless individual who, within the past year, has been fired or laid off from business in Santa Monica after having worked there for at least 6 months.
• Homeless individual on the Santa Monica Service Registry.

Regarding the last criteria referenced above, the Service Registry is a by-name list of Santa Monica’s most vulnerable chronically homeless individuals who have been in Santa Monica for many years and have scored the highest on the standardized Vulnerability Index – Service Prioritization Decision Assistance Tool (VI-SPDAT), which is used throughout the county. Individuals with the highest VI-SPDAT acuity scores are those presenting with the most urgent needs – including advanced age, co11.A Packet Pg. 1151
11 of 56
occurring medical, mental health, and substance use disorders, and frequent interactions with emergency services – and who are thus the most likely to die on the streets without assistance.

11.A
Packet Pg. 1152
12 of 56
The Local Homeless Service System
The local Homeless Service System within the Los Angeles Homeless Services Authority’s (LAHSA) Continuum of Care area is one over which the City has some, but not total, influence and must abide by regional, state, and federal partnerships and regulations. Within this system, different partners play an important role as it can take multiple attempts to outreach, engage, and assess those experiencing homelessness.

This process is often lengthy, sometimes taking months.

Preventing someone from becoming homeless is much less expensive and resource intensive than housing someone once homeless, which is why the City has invested in and leveraged county, state, and federal resources to support people housed in Santa Monica from becoming homeless, described in detail in other sections of this report.

Field-Based Interventions
Outreach Teams are both proactive, by fanning out across the City to identify or follow-up with homeless individuals living on the streets, in makeshift shelters, tents, and vehicles, and reactive by responding to the requests that come in through the Los Angeles Homeless Outreach Portal (LA-HOP) or as of earlier this year, the City’s own 3-1-1 system through which anyone can request service for people experiencing homelessness.

There are two configurations of teams. Some teams are staffed by generalist outreach workers who respond to the basic needs of people experiencing homelessness including distributing food, water, and flyers about local resources. Others are MultiDisciplinary Teams (MDTs) staffed by people like licensed medical and mental health providers, housing case managers, substance abuse specialists, and peers with lived experience, who can meet both basic and intensive needs of people experiencing homelessness, bringing care and services directly to people where they are. The process described below is in reference to the work primarily done by the MDTs. All teams collaborate and coordinate with the Santa Monica Fire Department Community

11.A
Packet Pg. 1153
13 of 56
Response Unit (SMFD CRU) and Santa Monica Police Department Homeless Liaison Program (HLP) to confirm where people are experiencing homelessness in the City and who is the most vulnerable.

Engagement + Assessment
Once a team contacts the people experiencing homelessness, they can assess if they are already entered into the Homeless Management Information System (HMIS) and, if so, if they are currently connected to a service provider. If the people experiencing homelessness is not in HMIS, the outreach team can create a new “profile” and complete a basic intake.

In order to identify the services for which the people experiencing homelessness are eligible, a homeless service provider team will assess for vulnerability through the VISPDAT which calculates a score between 0-17 with a 17 being the most vulnerable.

The City utilizes the VI-SPDAT, amongst other factors like the length of homelessness in the City, to prioritize people experiencing homelessness for limited City funded resources like interim and permanent housing.

Stabilization > Verification > Applications
Once a team completes an assessment, they can address an individual’s behavioral and medical health needs, if necessary, to stabilize them. During this time, they can also assess for programs that the City has to reconnect people experiencing homelessness who are recent arrivals and/or not connected to Santa Monica (i.e., did not become homeless in Santa Monica or have not been homeless in Santa Monica for a long period of time) to their support system (i.e., family and/or friends) in another city, county, state or (sometimes) country. This reconnection is made through Project Homecoming, a City-funded program which provides transportation for people experiencing homelessness to return to their support system after confirming that the support system exists and is willing to accept them.

If the people experiencing homelessness is willing to go into Interim Housing or IH (which includes emergency and transitional housing), a team will assess for bed

11.A
Packet Pg. 1154
14 of 56
availability and eligibility. City funded IH beds are limited in Santa Monica and consequently are prioritized for SMPP. It is important to note that people experiencing homelessness can receive assistance with applying for and securing Permanent Housing while living on the street and without going into IH which is referred to as the “Housing First” model. Once in IH, the people experiencing homelessness will be assigned a Case Manager who will assist with developing a permanent housing plan and getting “document ready”. If the people experiencing homelessness are ultimately able to live without ongoing behavioral and financial support and “only” needs assistance with locating affordable housing, then the documentation requirements are less substantial. However, if the people experiencing homelessness needs housing with a subsidy and supportive services like ongoing case management (i.e., Permanent Supportive Housing ), then more documentation is required. In addition to Interim and Permanent Housing, there are other housing options like licensed Board and Care facilities, where people receive 24/7 supervision and can live temporarily or permanently. However, there is a significant lack of affordable permanent supportive housing, and special needs housing options throughout Los Angeles County. Without sufficient affordable housing stock, more people become homeless every day than are re-housed. Increasing the supply of housing locally and regionally is key to preventing and ending homelessness.

Permanent Supportive Housing (PSH) is the preferred option for the most vulnerable as it includes on site supportive services (i.e., case management). Acquiring PSH means providing verification of citizenship, disability, homelessness, identity, and income, which can take time to secure. Once secured, the people experiencing homelessness can submit a housing application for various voucher programs, all of which are described in detail in other sections of this report. Applying for, identifying, and securing PSH can take time and relies on the availability of documentation and appropriate resources.

Enforcing the Law

11.A
Packet Pg. 1155
15 of 56
Addressing the impacts of homelessness requires a deeply coordinated approach that balances effective engagement with enforcement of applicable laws for the purpose of public health and safety.

Santa Monica Police Department’s (SMPD) Homeless Liaison Program (HLP) Team is the department’s dedicated unit tasked with primarily working with people experiencing homelessness. The HLP Team is currently staffed with one Police Sergeant and nine Police Officers and supported with one full-time, dedicated, Clinician from the Los Angeles County Department of Mental Health (DMH). The HLP Team works to locate, identify, and provide outreach to people experiencing homelessness in consultation and concert with social service providers, and when necessary, conduct enforcement to ensure compliance with applicable municipal and state codes. As an example of the HLP Team’s ongoing work with social service providers, Police Officers regularly work side by side with personnel from the Salvation Army and The People Concern to address and at times facilitate care and services for people experiencing homelessness. The HLP Team has seen tremendous benefit in the relationships formed with staff at the Salvation Army given their access to beds and services. When applicable, the Salvation Army is able to immediately place and transfer people experiencing homelessness into transitional housing and/or substance abuse treatment programs directly from the point of contact in the field.

Data
Analysis of crime statistics indicate that approximately 19% (or 19,946) of calls for service in calendar year 2022 were related to people experiencing homelessness.

During this same calendar year, the SMPD responded to over 1,800 calls for service related to encampments and nearly 700 calls for service related to homeless persons experiencing a mental health crisis. It is important to note here that, while the HUD definition of an encampment is tent cities, homeless settlements, and homeless camps, the HLP Team uses the term encampment to refer to someone in a tent or makeshift shelter. Lastly, data shows that 67% (in excess of 1,600) of the people arrested were people experiencing homelessness in calendar year 2022. The City

11.A
Packet Pg. 1156
16 of 56
modified its municipal code (Section 4.08.097) in the summer/fall of 2022 to expand the prohibition against stilling or laying in doorways at night to include major boulevards outside of the downtown area such as Broadway, Colorado, Lincoln, Pico, Santa Monica, and Wilshire. This change affords staff with tools to address quality of life concerns.

Prosecution
Enforcement and prosecution are tools the City can use to address people experiencing homelessness who are involved in criminal activity, but there are limitations and legal constraints that are beyond the City’s control. One of SMPD’s main responsibilities is public safety which involves responding to possible criminal activity. In order to contact someone, the 4th Amendment requires the Officers to have a reasonable belief that criminal activity is taking place; or a medical emergency is occurring; or there is a consensual encounter; or there is the immediate need to check on someone’s welfare. If no criminal activity has occurred, the person has the right to walk away or refuse the Officers’ offers of assistance. The Constitution prohibits Officers from removing a person without sufficient justification either because of criminal activity or for medical reasons.

In addition, recent 9th Circuit Court decisions have clarified enforcement of some quality-of-life crimes that are listed in the Santa Monica Municipal Code. The Ninth Circuit Court of Appeals issued an opinion in the case of Johnson v. City of Grants Pass on September 28, 2022. The Court expanded on its previous holding in Martin v.

Boise, which decriminalized the act of sleeping on public property when no shelter option was available. Grants Pass goes a step further and prohibits the criminalization of sleeping with basic rudimentary elements such as blankets, pillows, sleeping bags, cardboard boxes, and other protections against the weather on public property, unless there is shelter space available. The Court held the government cannot criminalize activity that is unavoidable, such as sleeping, as it would be a violation of the Eighth Amendment prohibition on cruel and unusual punishment. To comply with this new ruling, the City Attorney’s Office (CAO) drafted changes to the Camping Ordinance in November 2022 which Council passed (Attachment N). These changes in case law

11.A
Packet Pg. 1157
17 of 56
directly affect SMPD’s ability to do enforcement in the City’s public spaces. For example, someone in the park with only a blanket or sleeping bag during the day is not a violation of the law.

Another limitation beyond the City’s control is the amount of time a sentenced individual actually spends incarcerated in Los Angeles County Jail. Under the California Government Code, the Sheriff’s Department has the sole authority over the care and control of individuals sentenced to custody time. Given the limited space in both the men’s and women’s facilities in Los Angeles County, the Sheriff’s Department makes the ultimate decision how much of a jail sentence someone actually serves.

For example, even if a Deputy City Attorney asks the court for a 120 day jail sentence and the court imposes 120 days in jail, the Sheriff’s Department can unilaterally release that person in as little as 12 hours. Neither the Deputy City Attorney nor the court have any recourse when this happens. Similarly, when a bail amount is set below $50,000, defendants awaiting their next court date are often released from custody by the Sheriff’s Department without having to post any bail at all. The Sheriff’s Department also cites limited space in the jails for this practice. These pre-trial releases put individuals facing criminal charges back on the streets with nothing incentivizing them to return to court.

Diversion
Even with these limitations, the CAO’s Criminal Prosecution Unit is working tirelessly to produce solutions that help address the issues facing people experiencing homelessness. For the last year, in coordination with Los Angeles County and SMPD, the Alternatives to Incarceration (ATI) Program has been running out of the Santa Monica Jail. This County funded program places a navigator in the Jail 24 hours a day, 7 days a week to offer immediate housing and treatment to those with qualifying arrests. If an individual agrees to participate and completes the 90-day program, their cases are not filed in criminal court. Since the inception of the program, there have been 21 graduations with 3 more expected in the next month. Of the 21 that have graduated, none have been re-arrested in the City. ATI has also been able to reunite 4 individuals with family members out of state. This program is a major benefit to the

11.A
Packet Pg. 1158
18 of 56
City, in that it is currently the only program running where a person experiencing mental health issues, substance abuse, and/or homelessness can be placed in a temporary shelter at any time, day or night.

The Criminal Prosecution Unit was recently awarded a $50,000 grant from the Association of Prosecuting Attorneys to help combat the recent increase in retail theft in the Downtown area. One of the goals of this program is to understand the underlying causes of retail theft and help to meet those basic needs so that individuals are not left with theft as the only option. Despite the challenges presented, the Criminal Prosecution Unit is continuing to address the needs of the unhoused population by developing programs that will focus on the underlying causes of criminal conduct and provide appropriate assistance to help prevent future criminal behavior.

11.A
Packet Pg. 1159
19 of 56
Roadmap to Permanent Housing
As noted in the Moss Adams report, adequate levels of affordable housing and permanent supportive housing are the most critical components to homelessness prevention and resolution. Without sufficient affordable housing, the system is gridlocked. According to the Los Angeles Homeless Services Authority, approximately 207 people a day are rehoused at the same time as 227 become homeless. There are more people who need housing than there is available housing.

This imbalance is not just a City problem; it is a regional problem and makes moving the needle on homelessness difficult.

11.A
Packet Pg. 1160
20 of 56
For several decades, the City has implemented policies and programs to preserve and produce affordable housing and permanent supportive housing. Affordable housing is a mandatory component of the development of market-rate developments, multiple tax measures have been passed to improve and maintain affordable housing, prevent residents from displacement, and reduce homelessness. Public dollars have been used to acquire, rehabilitate, and construct deed-restricted housing. This has resulted in a large and diverse supply of low- and moderate-income housing, including permanent supportive housing for people experiencing homelessness. Santa Monica also provides rental assistance to households earning a range of incomes, from very low to moderate. Opportunities include Section 8 Housing Choice Vouchers, HOME Vouchers, Emergency Housing Vouchers, Continuum of Care Vouchers, and the Preserving Our Diversity cash-based assistance program.

The Adopted 2021-2029 Housing Element represents the City’s longstanding commitment to affordable housing, tenant protection, housing and services for special needs groups, homeless services, sustainable development, and fair housing. The City of Santa Monica was allocated 8,895 units, of which 6,168 units must be affordable, in the 2021-2029 Regional Housing Needs Assessment (RHNA). Approximately 1880 100 percent affordable residences are estimated to be feasible across City-owned sites (Public parking lots 7,8, 9, 10, 11, and 12, Bank of America, Chase Bank, Public parking lot 27, Bergamot Arts Center, Parking Structure 3). By contributing land that it already owns, the direct cost of acquiring land is eliminated and the City can stretch its Housing Trust Funds further to increase the supply of affordable housing. The more efficiently the City’s funds are used, the more funds are available to finance affordable housing production and the more households can be assisted, thus reducing gridlock in the system.

11.A
Packet Pg. 1161
21 of 56
Homeless Point in Time Count Results 2023
On the night of January 25, 2023, 926 people experiencing homelessness were counted in Santa Monica, an increase of 15% from the 807 individuals counted during the 2022 Santa Monica Homeless Count. As noted in 2022, the 11% decrease in overall homelessness as compared to 2020 was due to the significant reduction in the local shelter capacity, following public health guidance implemented in response to the COVID-19 pandemic. While local shelter capacity has increased since the 2022 Count, the regional motel shelter capacity that was implemented during the pandemic continued to wind down, including the 50-room Project Roomkey site in Venice. This regional demobilization may have contributed to an increase in demand on local shelters, which increased by 22%, and an increase in unsheltered homelessness, which rose by 12%.

Thanks to the dedication of nearly 300 volunteers, including City staff and community members, every street, alley, and park in the city was counted. LAHSA is expected to release the results of the 2023 Greater Los Angeles Homeless Count between June

11.A
Packet Pg. 1162
22 of 56
and September of this year, which will provide context for Santa Monica’s results within the County.

Street Count
There was a 12% increase in the Street Count including a 14% increase in individuals living on the street and a 4% increase of people living in makeshift shelters, tents, and vehicles. The increase was most notable in the downtown area, where 23% of the unsheltered people experiencing homelessness were found. Overall, increases in unsheltered homelessness were found in 48% of the census-sub tracts citywide. As in previous years, no families or unaccompanied youth experiencing homelessness were observed during the street count.

Shelter and Institution Count
There was a 22% increase in the Shelter Count. While local programs were able to shelter more people this year, the number of regional shelters available decreased as COVID motels under Project Roomkey demobilized. These closures will impact the number of sheltered individuals in the regional homeless count results. As COVID restrictions end, local shelters will return to full pre-COVID capacity which will result in continued increases in our shelter count in future years.

For the past several decades, increasing rents and stagnant wages across Los Angeles County have driven the number of people experiencing homelessness up nearly every year. Los Angeles’s Continuum of Care has the largest number of people experiencing homelessness. Nationally, California has had the largest increase in overall homelessness. As stated before, Santa Monica’s boundaries are porous, and the city is the “end of the line” for Metro’s bus and rail lines. There is a daily influx and outflow of people. Some people who were counted in January were likely passing through Santa Monica or recently arrived. Others may have been here for years or decades. Lasting economic and social changes from the pandemic, coupled with the continued lack of affordable housing, will continue to create disparities in life outcomes and experiences. The local and regional homeless services systems will need to

11.A
Packet Pg. 1163
23 of 56
invest in ongoing, innovative, iterative strategies and evolve to meet new challenges.

Santa Monica’s commitment, considering the 2023 Count results, is to • increase investments in preventing homelessness for Santa Monica renters, expanding the availability of legal representations and emergency financial assistance for renters facing eviction. To support this work, staff is requesting that the Council authorize a first modification to an agreement with Legal Aid Foundation of Los Angeles for the Eviction Prevention and Right to Counsel programs. As Measure GS money flows, it will be used in support of new homelessness prevention programs.
• increase funding for homelessness efforts, including a new C3 outreach team to be deployed east of Lincoln Blvd., the continuation of multi-disciplinary field-based engagement, and additional officers for the HLP Team. Staff is requesting that the Council authorize agreements for operation of the City + County + Community (C3) Homeless Outreach Teams and the Homeless Multidisciplinary Street Team (HMST). Funding for additional HLP Team officers has been included in the FY23- 25 proposed biennial budget.
• fund affordable housing development and homeless prevention programs to keep low-income Santa Monicans from becoming homeless and increase the supply of permanent supportive housing using existing Housing Trust fund dollars and new Measure GS resources.

Countywide results from the 2023 Greater Los Angeles Homeless Count, anticipated to be released this summer or fall, will help place Santa Monica’s local results in a regional context, providing further insight into where additional resources, when available, and advocacy might be directed. Additionally, the forthcoming comprehensive Homelessness Strategic Plan (HSP) will lay out a coordinated and systemic vision for the expansion of the homelessness response system, measurable outcomes and goals, and accompanying strategies.

11.A
Packet Pg. 1164
24 of 56
Four Pillars Update
The March 26, 2019 staff report introduced the Four Pillars upon which the City’s strategies for preventing and addressing homelessness are built:
• Preventing housed Santa Monicans from becoming homeless and increasing affordable housing opportunities;
• Addressing the behavioral health needs of vulnerable residents; • Maintaining equitable access to safe, fun, and healthy open spaces; and • Strengthening regional capacity to address homelessness.

The following section of the report will discuss the interdepartmental implementation and impacts of the Four Pillar strategy since the last homelessness update to Council, as well as identify potential new opportunities to advance the Four Pillars which have been included in the FY2023-25 proposed biennial budget for Council consideration.

Pillar 1: Preventing housed Santa Monicans from becoming homeless and increasing affordable housing opportunities
Emergency Housing Voucher Program: Under the American Rescue Plan, HUD allocated 104 Emergency Housing Vouchers (EHVs) to the City of Santa Monica to be

11.A
Packet Pg. 1165
25 of 56
issued to people experiencing or at risk of homelessness. The City prioritized its allocation of EHVs to move people living in local shelter programs and unsheltered individuals referred by City-funded street engagement teams into permanent housing with supportive services. As interim housing beds become available, City staff are working closely with SMPD, SMFD and the City’s MDTs to refer vulnerable individuals from our streets, parks and open spaces either directly to permanent housing via EHV or to an available shelter. EHV participants began moving into their own apartments in February 2022. To date, 45 people experiencing homelessness have ended their experience of homelessness in Santa Monica by securing homes not only in Santa Monica but in communities throughout the County and City of Los Angeles including San Pedro and Ladera Heights.

HOME Tenant-Based Rental Assistance Program: The HOME Tenant-Based Rental Assistance Program (HOME TBRA or HOME) is a HUD-funded rental assistance program that promotes community-wide planning and strategic use of resources to address the jurisdiction’s unmet needs and to narrow the gap in benefits and services received by cost-burdened households. The purpose of the HOME Program is to provide rental assistance in the form of a monthly rental subsidy to persons At Risk of Homelessness, Senior/Disabled Homeless persons, and Victims of Domestic Violence who are at or below the 60 percent Area Median Income limit. To date, the HOME Program alleviates the rent burden of 30 participants who may otherwise have ended up homeless.

Below Market Housing: The lack of affordable and permanent supportive housing options throughout the region has underscored the reality that vouchers alone are inadequate to address homelessness. Without a corresponding supply of affordable properties where participants can use their housing vouchers, a large number of voucher holders are left to compete for a small number of available rental properties resulting in prolonged episodes of homelessness and lengths of stay in interim housing programs. The City has approximately 2,700 Below Market Housing (BMH) units with 48 more to be completed this year. The City’s BMH waitlist priorities were recently revised to give current Santa Monica EHV participants priority for affordable

11.A
Packet Pg. 1166
26 of 56
deed-restricted homes where they can use their vouchers (Attachment H). The City put EHV holders first on the waitlist after those who are facing eviction due to the Ellis Act (Attachment O), for similar reasons. This alignment further supports the City’s implementation of the EHV Program, while facilitating the turnover of additional interim housing beds so that vulnerable individuals encountered by City first responders and street engagement teams can move out of Santa Monica’s parks, beach, and streets and into shelter. In the short term, this change might result in other households waiting slightly longer on the BMH waitlist. As of February 2023, 23 Santa Monica EHV participants have moved into BMH apartments through this priority. More are in the process of applying and leasing deed restricted apartments through referrals from the BMH waitlist.

Preserving Our Diversity: The City’s Preserving Our Diversity (POD) Program remains in effect, providing cash-based assistance to eligible long-term rent control senior households to help achieve a minimum after-rent income. In FY 2021-22, the POD Program served 201 low-income senior households providing an average monthly assistance of approximately $500 per month and consequently allowing participants to age in place. Applications for the POD Program are accepted both online and by mail.

Affordable Housing and Permanent Supportive Housing Developments: In line with the City’s commitment to increase affordable and permanent supportive housing opportunities, 189 new affordable residences opened since 2020, and at least 119 additional homes are in various stages of development. During 2021 and 2022, three new affordable senior housing developments opened in Santa Monica: Greenway Meadows, located at 1820 14th Street, and Pacific Landing, located at 2120 Lincoln Boulevard, both constructed by Community Corporation of Santa Monica (CCSM), opened with 39 and 37 apartments, respectively; and Magnolia Villas, located at 1445 and 1453 10th Street and constructed by EAH Housing (EAH), opened in the fall with 40 apartments.

In 2023, there are two new additional developments constructed by CCSM: Las Flores 1834 14th Street with 73 residences is complete, and 1819 Pico Boulevard with 48

11.A
Packet Pg. 1167
27 of 56
residences is still in development. The Laurel at 1413 Michigan Avenue, also developed by EAH, would create 57 new homes of permanent housing with supportive services for people experiencing homelessness. The Laurel is currently under construction and is anticipated to be completed by the end of 2023. CCSM has several other developments underway, including 13 affordable apartments at 1342 Berkeley Street, which will include eight homes for vulnerable young adults.

In 2019, the Council initiated efforts to explore converting Parking Structure 3, located at 1318 4th Street, into a 100% affordable housing development. In January 2022, Council selected EAH as the developer and authorized the City Manager to negotiate and execute an exclusive negotiation agreement for the development of affordable housing on this City-owned parcel (Attachment P). The proposed development includes 50 supportive housing residences. Congressman Ted Lieu secured $2 million in federal funding to support this affordable housing development. After a series of prolonged legal challenges, demolition of Parking Structure 3 was completed in Fall 2022. EAH is currently in predevelopment and conducting community outreach for the proposed affordable housing development.

The City has consistently been a leader in the production of affordable housing that depends on leveraging funding from State grant programs with Santa Monica’s own Local Housing Trust Fund (LHTF). Santa Monica has been awarded a total of $10 million from the LHTF for the 2020 and 2021 funding rounds. A request to authorize the City’s application for 2023 LHTF funding is on the May 9, 2023 consent calendar.

The City is also eligible to receive an estimated $3.285 million from the first five years of the California Department of Housing & Community Development (HCD) Permanent Local Housing Allocation (PLHA) entitlement program. PLHA provides funding to local governments in California for housing-related projects and programs that assist in addressing the unmet housing needs of their local communities. The awarded State grants, as well as future State grants, are essential to Santa Monica’s ability to create affordable housing on City-owned land and further the goals of the City’s Housing Element.

11.A
Packet Pg. 1168
28 of 56
Furthermore, 67 affordable apartments within otherwise market-rate buildings created pursuant to zoning policies (known as inclusionary housing) were completed during 2021 and 2022, and an additional 20 affordable inclusionary apartments are scheduled for completion in 2023. The current Inclusionary Housing Program in Santa Monica is called the Affordable Housing Production Program (AHPP) and refers to residential development in which rents are capped at affordable level for income-qualifying households. AHPP is part of the BMH Program which is referenced above.

Rent Control Adjustment Relief Program: The 2022 General Adjustment (GA) of 6% increase for rent-controlled units (with a maximum $140 monthly) was the highest increase since 1990. As many renter households in Santa Monica are experiencing financial hardships resulting from the impacts of the global pandemic and are already known to be rent-burdened, an increase of this magnitude was expected to lead to greater housing instability in the community. In response, the City of Santa Monica developed a rent relief program, the Rent Control Adjustment Relief (RCAR) Program, and an Eviction Protection Ordinance for qualifying tenants who need more time to pay the increased rent. The RCAR Program provides relief equivalent to a 3% rent increase over a 12-month period to be paid directly to the property owner/manager in a single lump sum.

The first RCAR application period was open from August 29 to September 19, 2022.

The City re-opened the RCAR application period on a limited basis from December 12, 2022, to January 11, 2023, to include residents who received their rent increase notice after the original September 19th deadline or who did not apply for the first round of RCAR due to extenuating circumstances. As of April 2023, the City had issued 480 payments at a total sum of $305,789. This includes payments to severelyrent burdened Housing Choice Voucher (HCV) holders. The RCAR program and eviction ordinance are intended to keep families housed, shield tenants from eviction, and help both property owners and tenants manage this year’s unusually high GA increase.

11.A
Packet Pg. 1169
29 of 56
Measure RC: Santa Monica voters passed Measure RC in the November 2022 election, which adjusts the 2022 GA of 6% ($140 maximum) to a 0.8% increase ($19 maximum) effective February 1, 2023 and helps mitigate against future spikes in rent among residents living in rent controlled apartments.

Housing is Key: On July 13, 2021, Council requested that staff create an enhanced communications campaign to inform renter residents and property owners about the State Rental Assistance Program called Housing is Key. City Council subsequently allocated up to $25,000 in discretionary funds to this project on July 27, 2021. The program stopped accepting applications on March 31, 2022, and assistance was provided for rent and utilities through June 30, 2022. As of the data published on April 6, 2023, 2,377 Santa Monica households were served with an average assistance of $16,513 total funds paid of $40,059,470.

Legal Aid Foundation of Los Angeles Right to Counsel Program: Legal Aid Foundation of Los Angeles (LAFLA) supported residents in maintaining housing through their general legal services program, which provides eviction defense services, and the pilot Right to Counsel (RTC) program, through which LAFLA attorneys represent tenants in court in addition to other eviction services. The pilot RTC program is based on a Los Angeles eviction study showing a dramatic improvement in tenants’ ability to avoid eviction with direct legal representation. In the first year of the program, which ran from April 5, 2021, to April 6, 2022 with a budget of $120,000 per year, the RTC program resulted in LAFLA providing 29 full scope legal representations and 58 limited scope legal representations. In the second year of the program, there was a substantial increase in services, with LAFLA providing 49 full scope cases and 143 limited scope cases. The RTC program has been effective in providing eviction prevention services and will continue through HOME Investment Partnerships– American Rescue Plan (HOME-ARP) funding (Attachment Q).

Santa Monica City CouncilMay 9, 2023

Santa Monica City Council
May 9, 2023