Santa Monica City Council
July 25, 2023

Recommended Action
Staff recommends that the City Council authorize the City Manager to:

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. Negotiate and execute a first modification to Contract Agreement No. 11303 (CCS) in the amount of $195,000 with Keystone Medical Resources, Inc. (Keystone) for City-wide employee COVID-19 contract tracing and internal healthcare advisement.

This will result in a two-year and nine-month amended agreement with a new total amount not to exceed $345,000, with future year funding contingent on Council budget approval.

This item was pulled by Councilmember de la Torre to ask questions of staff.

Questions asked and answered of staff included: since contact tracing is no longer mandated, why is this still necessary; now that this is no longer an emergency, is there a reason this hasn’t gone out to bid; do we know why they are still charging the same amount, even though we are no longer in a surge; did the City of Santa Monica ever conduct an audit of Keystone’s finances; do we know of any other large employer in the City of Santa Monica who is still conducting contact tracing; what would happen if we did not follow contact tracing; do we know if the County is conducting contact tracing; do we know if our neighboring cities are still following this rule; are there any alternatives that are less expensive; do we only pay if someone calls to report a case; when does this current contract end; and, if CalOsha changes their rule, are we allowed to terminate.

DocuSign Envelope ID: D66539CC-EF16-4A72-BE00-D97C2500ED26

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Packet Pg. 1020 Minutes Acceptance: Minutes of May 23, 2023 5:30 PM (CONSENT CALENDAR) 10 May 23, 2023
Motion by Councilmember de la Torre, seconded by Councilmember Brock, to approve the recommended action. The motion was approved by the following vote:

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

PUBLIC INPUT ON

REMAINING AGENDA
ITEMS:

Members of the public Denise Barton, Karen Melick, Judith Meister, Sue Himmelrich, Michael Soloff (time donated by Jason Lesley), Kathy Knight, Carol Lemlein, Ruthann Lehrer, Nina Fresco, Jon Katz, and Harvey Edder commented on Item 7.A.

ORDINANCES:
315 COLORADO AVENUE

10.A. Second Reading and Adoption of Ordinance No. 2747 (CCS) entitled “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,” was presented.

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

Motion by Councilmember Torosis, seconded by Councilmember Brock, to adopt the ordinance, reading by title only and waiving further reading thereof. The motion was approved by the following vote:

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

HOME-SHARING AND

VACATION RENTALS

10.B. Second Reading and Adoption of Ordinance No. 2748 (CCS) entitled “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 HOMESHARING LEGALIZATION PROGRAM,” was presented.

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

Motion by Councilmember Brock, seconded by Councilmember Parra, to adopt the ordinance, reading by title only and waiving further reading thereof.

DocuSign Envelope ID: D66539CC-EF16-4A72-BE00-D97C2500ED26

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Packet Pg. 1021 Minutes Acceptance: Minutes of May 23, 2023 5:30 PM (CONSENT CALENDAR) 11 May 23, 2023
The motion was approved by the following vote:

AYES: Councilmembers de la Torre, Brock, Parra, Zwick,
Mayor Davis
NOES: Councilmember Torosis
ABSENT: Mayor Pro Tem Negrete

WIRELESS SERVICE

FACILITIES
Mayor Davis excused at
9:17 p.m.

10.C. Second Reading and Adoption of Ordinance 2749 (CCS) entitled “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,” was presented.

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

Mayor Davis recused herself from this item to avoid the perception of a conflict of interest.

Motion by Councilmember Torosis, seconded by Councilmember Zwick, to adopt the ordinance, reading by title only and waiving further reading thereof. The motion was approved by the following vote:

AYES: Councilmembers Zwick, Parra, Brock, Torosis, de la Torre NOES: None
ABSENT: Mayor Pro Tem Negrete, Mayor Davis
ZONING ORDINANCE 10.D. Introduction and Adoption of Emergency Interim Zoning Ordinance No. 2750 (CCS) 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, was presented.

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

Mayor Davis recused herself from this item to avoid the perception of a conflict of interest.

Motion by Councilmember Parra, seconded by Councilmember Torosis, to introduce and hold first reading of the ordinance reading by title only and waiving further reading thereof.

DocuSign Envelope ID: D66539CC-EF16-4A72-BE00-D97C2500ED26

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Packet Pg. 1022 Minutes Acceptance: Minutes of May 23, 2023 5:30 PM (CONSENT CALENDAR) 12 May 23, 2023
The motion was approved by the following vote:

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

Mayor Davis and Mayor Pro
Tem Negrete returned at
9:20 p.m.

7.A. Five-Year Financial Forecast Update, FY 2023-25 Proposed Biennial Budget, and FY 2023-24 Proposed Capital Improvement Program Budget, was presented.

Recommended Action
Staff recommends that the City Council:

1. Receive the FY 2023-24 through FY 2027-28 May Five-Year Financial Forecast Update;

2. Review and provide direction to staff on the FY 2023-25 Proposed Biennial Budget, including the FY 2023-24 Proposed ExceptionBased Capital Improvement Program (CIP) Budget;

3. Review and provide direction to staff on proposed fee changes;

4. Review and comment on the Cultural/Art Organizational Support Program (OSP) funding recommendations for the FY2023-25 funding cycle; and

5. Direct staff to proceed with setting the FY 2023-25 Budget Adoption public hearing on June 27, 2023.

Questions asked and answered of staff included: is the individual being hired for Fire coming from a non-profit or an agency; how will the Housing and Human Services positions be funded; on the plan to pay back the Affordable housing fund, what is the concrete plan and timeline to pay back that fund; what is being done to restore the historic preservation for landmark buildings; what kinds of problems are happening on the buses and what warrants having security guards on buses; do we know how many vacant storefronts and buildings there are on the Promenade; other than installing lighting, what other enhancements will be used to improve safety at Reed Park; is there plans to activate the building at Reed Park, once it’s fixed up; what does the East Pico Safety project consist of; what does the Phase II of the Bergamot connectivity plan consist of; what discussions, if any have happened to do something different with Samoshel, and what is the plan moving forward; does it make more sense to talk to People’s Concern to put more money into their location on Michigan, instead of putting over $800,000 into Samoshel; is staff attempting to work on restoring the landmarks review board; could Council use their discretionary funds to decrease landmark fees; is the $40K cost estimate for the consultant low; who would ultimately pay for the consultant and application fee; would hiring a new full-time preservationist be a permanent full-time position that would need to be added; is there intention DocuSign Envelope ID: D66539CC-EF16-4A72-BE00-D97C2500ED26

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Packet Pg. 1023 Minutes Acceptance: Minutes of May 23, 2023 5:30 PM (CONSENT CALENDAR) 13 May 23, 2023
to fully restore paying back the housing fund; did we use to have, and do we need a full-time person to oversee the Safe Streets program; is the City Manager’s Office actively pursuing filling the two FTEs for the Council Office; what’s the idea for how to use the small $2 million revenue in the budget; has there been no payment to the Neighborhood groups, and what does that mean that it will be fully restored; what are the duties of the new position in the City Manager’s Office; is it still true that there are eight vacancies in PD, and how will GS funds be used to fund the additional 1 FTE; how much has been spent on the Art of Recovery program; is the intention that the Art of Recovery program continue, even though it’s a pandemic program; are the Planning fees being reduced, and how is that possible; is there a similar fee for building a single-family home that could compare to a possible SB9 fee; are there any state guidelines to what the SB9 fees should be charged; for election fees, is the recommended cost the actual cost that the county charges to print the statement in the voter guide; does it cost any money to place a candidate statement online; how many officers are out on injury, and how many are close to retirement; what happens to the money when it is allocated for a position and the position is not filled; is it feasible to have someone in-house do the job that is being proposed in the City Manager’s Office in planning for upcoming citywide events; will this person in the CMO also be used for private/public partnerships and to reinvigorate public spaces that aren’t being used; is our focus on adding beds at part of the Samoshel expansion; do we have any rights at the shelter on Michigan, especially since there is vacancy on the top floor; have we looked at the Michigan location be a better intake facility or any other locations in the city that would be a better location that is less expensive; what does the Sheriff’s department charge to patrol Metro, and would it make more sense to use them for our train stations, if they were fully funded; what would the annual funding be to begin a volunteer Police program; would there be an interest from citizens in a volunteer program; how many officers are on the force right now, including injuries, disability, and those vacancies; why are tree pruning and water feature maintenance coming out of CS funds; BBB Security on buses, is that a contract service, in-house, what does that model look like; what do we do to restore the loss of tree canopy, and is there a plan that can be communicated to residents; what is being proposed as part of the youth services in the budget; what are the plans to expand the workforce development plan; what is the optimum number of Police Officers that the city needs in order to be full-staffed; what is meant when it says that impound fees will not apply; where does Promenade Maintenance fall in the budget; who does the Public Work team work with to clean up around the city; what assumptions are driving the sales tax, and is there an expectation that sales tax will be decreasing; what would be the cost to restore the Landmarks commission; how much would it cost for a full restoration of services under human services; does a recommendation for a Youth Commission need to be brought up in a budget discussion, and how much would that cost; to reduce the $10K landmarks fees, would that effect DocuSign Envelope ID: D66539CC-EF16-4A72-BE00-D97C2500ED26

5.E
Packet Pg. 1024 Minutes Acceptance: Minutes of May 23, 2023 5:30 PM (CONSENT CALENDAR) 14 May 23, 2023
our revenues if we waived the fees; does a property owner benefit when they apply for a Mills-Act, then maybe they could pay their own fees; currently, what do our first responders do now if they encounter a person in the middle of the night in crisis; could it be easier for somebody who is not in crisis to have an opportunity to be placed in a different shelter that is not Samoshel because they aren’t in crisis; would a parking study look at if parking lots are being fully utilized, but also look at the fees we’re charging; would having security guards on buses help with recruitment and retention of bus drivers; and, are coastal permits a revenue generator.

Motion by Councilmember Brock, to continue discussion on the budget to tomorrow, May 24th.

Motion by Councilmember Torosis, seconded by Mayor Davis, to receive the budget and adopt the staff recommendations, with amendments to move to monthly meetings of the Landmarks commission, waive fee for the historic preservation permits, and return at an information session with a more fleshed out plan from the Finance Director as to how the housing fund will be paid back.

Councilmember Zwick proposed a friendly amendment for the addition of (1) FTE City Traffic Engineer. The proposal is to take $200K from the $400K allocated to the City Manager’s Office to pay for the additional City Traffic Engineer, or as an alternative, delay the funding for the mural recontextualization, depending on what is done in the next fiscal year.

There is still a shortage of $70K that needs to be found to cover the cost.

Motion by Councilmember de la Torre, seconded by Councilmember Brock, to continue and adjourn the discussion and motion amongst Council and staff for this budget item to tomorrow May 24th after the Special meeting. The motion was unanimously approved by voice vote, with all members present.

ADJOURNMENT On order of the Mayor, the City Council meeting adjourned at 1:47 a.m. to continue Item 7.A. to May 24th at 7:00 p.m., in memory of Jose Lopez Parra.

ATTEST: APPROVED:

Denise Anderson-Warren Gleam Davis
City Clerk Mayor
DocuSign Envelope ID: D66539CC-EF16-4A72-BE00-D97C2500ED26

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Packet Pg. 1025 Minutes Acceptance: Minutes of May 23, 2023 5:30 PM (CONSENT CALENDAR) 1 June 13, 2023

CITY OF SANTA MONICA

CITY COUNCIL MINUTES
JUNE 13, 2023
A regular meeting of the Santa Monica City Council was called to order by Mayor Davis at 5:32 p.m., on Tuesday, June 13, 2023, at City Council Chambers, 1685 Main Street, Santa Monica, CA.

Roll Call: Present: Mayor Gleam Davis
Mayor Pro Tem Lana Negrete
Councilmember Phil Brock
Councilmember Christine Parra
Councilmember Caroline Torosis (arrived at 5:47 p.m.)
Councilmember Jesse Zwick (arrived at 5:34 p.m.)

Absent: Councilmember Oscar de la Torre
Also Present: City Manager David White
City Attorney Douglas Sloan
City Clerk Denise Anderson-Warren
CONVENE/PLEDGE On order of the Mayor, the City Council convened at 5:32 p.m., with all members present except Councilmembers Zwick, Torosis and de la Torre. Councilmember Parra led the assemblage in the Pledge of Allegiance.

GENERAL PUBLIC
INPUT:

Councilmember Zwick
arrived at 5:34 p.m.

Councilmember Torosis
arrived at 5:47 p.m.

Members of the public John Berry, Michelle Heath, William Coian, Keith Brown, Luis Tabares, Dr. Anna Rogers, Chris Rink, Steve Lavell, Denise Barton, John Medlin, Catherine MacLeod, Brian MacLeod, Glenn Furuya, Josh Levy, Madi Hertz, Lorraine Foxworth, Johnathan Foster, Jerry Rubin, Janet McLaughlin, Lucky Basseri, Donnie Longino, Pascual Alamillo, John Alle, Glen Jendrycki, Michael Vechell, Hunter Hall, Jon Farzam, Troy Dalmasso, Stephen Shaw, Zoe Muntaner, and Kathy Knight commented on various local issues.

PUBLIC INPUT FOR

CLOSED SESSION,

SPECIAL AGENDA

ITEMS AND CONSENT
CALENDAR ONLY:

There were no members of the public present to comment on closed session items.

There were no members of the public present to comment on special agenda items.

Member of the public present John Alle to comment on consent calendar items.

AGENDA

MANAGEMENT
Motion by Mayor Davis, seconded by Councilmember Brock, to continue Items 8.A. and 16.A. to the June 27th meeting, and to hear items 11.A., DocuSign Envelope ID: 474119F9-2F35-4471-8F1D-44F398FDF2B3

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Packet Pg. 1026 Minutes Acceptance: Minutes of Jun 13, 2023 5:30 PM (CONSENT CALENDAR) 2 June 13, 2023

12.A. and 12.B. before the Study Session, Item 7.A. The motion was unanimously approved by voice vote, by all members, with Councilmember de la Torre absent.

PROCLAMATIONS/

COMMENDATIONS

4.A. Commendation: Santa Monica Tennis Collective 14u Team, was presented.

4.B. Proclamation: Gun Violence Awareness Month, was presented.

4.C. 2023 Juneteenth Proclamation, was presented.

CLOSED SESSIONS On order of the Mayor, the City Council recessed at 6:53 p.m., to consider closed sessions and returned at 7:47 p.m., with all members present, to report the following:

3.A. Conference with Labor Negotiator: Government Code Section 54957.6—Agency Designated Representatives: City Manager David White and Chief People Officer Lori Gentles; Bargaining Unit:

AFSCME Local 4819, Management Team Association
The City Attorney advised this matter was heard with no reportable action taken.

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

Code Section 54956.9(d)(1): Jennifer Howard; Amanda Pawlowski v.

City of Santa Monica, et al.; LASC Case No. 21STCV42208 [report out only]
The City Attorney reported Council approved Settlement Agreement No. 11407 (CCS) in the amount of $775,000 for Howard, and Settlement Agreement No. 11416 (CCS) in the amount of $425,000 for Pawlowski at the April 25, 2023 meeting with 6-0 vote, with Mayor Pro Tem Negrete absent.

3.C. Public Employee - Gov. Code Section 54957(b): Performance evaluation of a public employee; Title: City Attorney; Conference with Labor Negotiator - Gov. Code Section 54957.6: City Negotiator:

Mayor; Unrepresented Employee: City Attorney.

This item was pulled at the request of staff and not heard.

SPECIAL AGENDA
ITEMS:

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

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

DocuSign Envelope ID: 474119F9-2F35-4471-8F1D-44F398FDF2B3

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Packet Pg. 1027 Minutes Acceptance: Minutes of Jun 13, 2023 5:30 PM (CONSENT CALENDAR) 3 June 13, 2023
CONSENT CALENDAR: All items were considered and approved in one motion unless removed by a Councilmember for discussion.

At the request of Councilmember Torosis, Item 5.H. was removed from the Consent Calendar.

At the request of Councilmember Brock, Item 5.L. was removed from the Consent Calendar.

Motion by Mayor Pro Tem Negrete, seconded Councilmember Torosis, to approve the Consent Calendar except for Items 5.H. and 5.L., reading resolutions by title only and waiving further reading thereof. The motion was approved by the following vote:

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

WATER &

WASTEWATER

DEPARTMENT

SUPPLIES

5.A Award Bid #4450 to Ferguson Waterworks as Primary and Core & Main as Secondary to Furnish & Deliver Water & Wastewater Department Supplies, was approved.

Recommended Action
Staff recommends that the City Council:

1. Adopt a finding of categorical exemption pursuant to Section 15302 (Replacement or Reconstruction) of the California Environmental Quality Act Guidelines.

2. Award Bid #4450 to Ferguson Waterworks as the primary vendor for the purchase of water and wastewater supplies and Core & Main as the secondary vendor for the purchase of water and wastewater supplies.

3. Authorize the Procurement Manager to issue a purchase order with Ferguson Waterworks in an amount not to exceed $410,000 for year one, with four additional one-year renewal options at approximately 10% escalator each year, for a total amount not to exceed $2,600,000 over five years, with future year funding contingent on Council budget approval.

4. Authorize the Procurement Manager to issue a purchase order with Core & Main in an amount not to exceed $100,000 for one year, with four additional one-year renewal options at a 10% increase each year, for a total amount not to exceed $610,000.00 over five years, with future year funding contingent on Council budget approval.

DocuSign Envelope ID: 474119F9-2F35-4471-8F1D-44F398FDF2B3

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Packet Pg. 1028 Minutes Acceptance: Minutes of Jun 13, 2023 5:30 PM (CONSENT CALENDAR) 4 June 13, 2023

STREET LIGHT REPAIR
& ELECTRICAL

CONSTRUCTION

5.B. Award Bid for Street Light Electrical Repair Services and Urgent Electrical Construction, was approved.

Recommended Action
Staff recommends that the City Council:

1. Adopt a finding of Categorical Exemption pursuant to Section 15301 (Existing Facilities), of the California Environmental Quality Act (CEQA) Guidelines.

2. Award Bid #2685-4 to International Line Builders, Inc. as the primary contractor, Bear Electrical Solutions, Inc. as the secondary contractor, and Yunex LLC as tertiary contractor for citywide asneeded streetlight electrical repair services and urgent electrical construction as required by the Public Works Department.

3. Authorize the City Manager to negotiate and execute Agreement No. 11408 (CCS) with International Line Builders, Inc., in an amount not to exceed $400,000 for one year, with four additional one-year renewal option(s) in the amount of $400,000 for a total amount not to exceed $2,000,000 over a five-year period, with future year funding contingent on Council budget approval.

4. Authorize the City Manager to negotiate and execute Agreement No. 11409 (CCS) with Bear Electrical Solutions, Inc., in an amount not to exceed $400,000 for one year, with four additional one-year renewal option(s) in the amount of $400,000 for a total amount not to exceed $2,000,000 over a five-year period, with future year funding contingent on Council budget approval.

5. Authorize the City Manager to negotiate and execute Agreement 11410 (CCS) with Yunex LLC in an amount not to exceed
$400,000 for one year, with four additional one-year renewal option(s) in the amount of $400,000 for a total amount not to exceed $2,000,000 over a five-year period, with future year funding contingent on Council budget approval.

COMMUNICATION

SYSTEMS & RADIO

EQUIPMENT

MAINTENANCE &

SUPPORT

5.C. Approval of First Modification to Agreement No. 10788 (CCS) with Motorola Solutions, Inc. for Maintenance and Support of Communications System and Radio Equipment, was approved.

Recommended Action
Staff recommends that the City Council:

1. Adopt a finding of Categorical Exemption pursuant to Section 15301 (Existing Facilities), of the California Environmental Quality Act (CEQA) Guidelines;

2. Authorize the City Manager to negotiate and execute a first modification for a Maintenance and Support Agreement #10788 in the amount of $4,788,523 with Motorola Solutions, Inc., an Illinoisbased company, for maintenance of the interoperable public safety trunked radio communications system and radio equipment and authority to purchase new equipment as needed by various DocuSign Envelope ID: 474119F9-2F35-4471-8F1D-44F398FDF2B3

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Packet Pg. 1029 Minutes Acceptance: Minutes of Jun 13, 2023 5:30 PM (CONSENT CALENDAR) 5 June 13, 2023
departments. This will result in a 10-year amended agreement with a new total amount not to exceed $5,874,523, with future year funding contingent on Council budget approval.

SOFTWARE-AS-ASERVICE & RELATED

LICENSES

5.D. Approval to Amend Agreement with Kronos, Inc. for SoftwareAs-A-Service (SaaS) and Related Licenses, was approved.

Recommended Action
Staff recommends that the City Council:

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

2. Authorize the City Manager to combine existing Sales Agreement and Software License Agreement #8417 (CCS) and Software Maintenance and Support Agreement #8434 (CCS) into Agreement No. 11411 (CCS) for 5 years that would result in a 23-year amended agreement with Kronos Inc. (Kronos), for Software as a Service (SaaS) and related licenses. This will result in a new grand total amount not to exceed $3,425,461 (including 5% in
contingency) with future year funding contingent on Council budget approval.

BUS TRANSPORTATION

SERVICES

5.E. Award Bid 4453 to Star-Dust Tours, Inc. to Provide Bus Transportation Services, was approved.

Recommended Action
Staff recommends that the City Council:

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

2. Award Bid #4453 to Star-Dust Tours, Inc. for bus transportation services for the Community Services Department;

3. Authorize the City Manager to negotiate and execute Agreement No. 11412 (CCS) with Star-Dust Tours, Inc., in an amount not to exceed $81,600 for one year, with four additional one-year renewal options, in the amount of $81,600, to extend on the same terms and conditions for a total amount not to exceed $408,000 over a five year period, with future year funding contingent on Council budget approval.

SANTA MONICA

TOURISM MARKETING

DISTRICT

5.F. Approval of the Santa Monica Tourism Marketing District Fiscal Year 2023-24 Budget and Work Plan, was approved.

Recommended Action
Staff recommends that the City Council:

DocuSign Envelope ID: 474119F9-2F35-4471-8F1D-44F398FDF2B3

5.F
Packet Pg. 1030 Minutes Acceptance: Minutes of Jun 13, 2023 5:30 PM (CONSENT CALENDAR) 6 June 13, 2023

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. Approve the Santa Monica Tourism Marketing District Fiscal Year 2023-24 Budget and Work Plan.

HOUSING ELEMENT 5.G. Approval of Fourth Modification to Professional Services Agreement with HR&A Advisors Inc. for 6th Cycle (2021-2029) Housing Element Implementation, was approved.

Recommended Action
Staff recommends that the City Council take the following actions:

1. Make a determination that the proposed modification of the HR&A Advisors Inc. contract for fiscal analysis is statutorily exempt from CEQA pursuant to Section 15262 (Feasibility and Planning Studies) of the CEQA Guidelines.

2. Authorize the City Manager to negotiate and execute a fourth modification to Agreement No. 108300 (formerly #10830) in the amount of $40,000 and extend the term for one additional year, with HR&A Advisors Inc.(“HR&A”) to prepare fiscal analysis for implementation of the City’s certified 6th Cycle (2021-2029) Housing Element. This will result in a five-year amended agreement with a new total amount not to exceed $494,900, with future year funding contingent on Council budget approval.

FISCAL AGENT,

DISBURSEMENT &

REVOCABLE LICENSE

AGREEMENT

5.I Approval of agreements with Main Street BID regarding: Fiscal Agent, Disbursement and Revocable License, was approved.

Recommended Action
Staff recommends that the City Council authorize the City Manager to:

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. Negotiate and execute the following agreements with the Main Street Business Improvement Association (MSBIA) for a term of five (5) years with two five-year renewal options that renew on the same terms and conditions:
a. New Fiscal Agent Agreement No. 11413 (CCS) to manage and administer the business-based assessment fees and any other revenue collected for the promotion and marketing of the Main Street Business Improvement Area; and
b. New Revocable License Agreement No. 11414 (CCS) which grants MSBIA a license to operate and maintain the decorative lights in the public right-of-way between Pico Boulevard and the southern City boundary, just south of Marine Street DocuSign Envelope ID: 474119F9-2F35-4471-8F1D-44F398FDF2B3

5.F
Packet Pg. 1031 Minutes Acceptance: Minutes of Jun 13, 2023 5:30 PM (CONSENT CALENDAR) 7 June 13, 2023
c. New Disbursement Agreement No. 11415 (CCS) to administer the property-based assessments collected and use these funds in the Main Street Commercial District for the decorative lighting and sidewalk cleaning, in accordance with Resolution 10325 (CCS).

UNLAWFUL CATALYTIC

CONVERTER

POSESSION

5.J. Second Reading and Adoption of Ordinance No. 2751 (CCS) entitled: “AN ORDINANCE OF THE CITY COUNCIL OF THE CITY

OF SANTA MONICA ADDING SANTA MONICA MUNICIPAL CODE
SECTION 4.08.830 AND ESTABLISHING REGULATIONS

PROHIBITING THE UNLAWFUL POSSESSION OF CATALYTIC
CONVERTERS WITHIN THE CITY OF SANTA MONICA”, was
adopted.

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

MICROFLEX

DISPOSABLE GLOVES

5.K. Award Bid #4445 to Bound Tree Medical for purchase and delivery of Microflex Disposable gloves, was pulled at the request of staff and not heard.

Recommended Action
Staff recommends that the City Council:

1. Award Bid #4445 to Bound Tree Medical, an Ohio-based company, for the purchase and delivery of Microflex disposable gloves to be used by staff citywide;

2. Authorize the Procurement Manager to issue annual purchase orders to Bound Tree Medical, for the purchase and delivery of Microflex disposable gloves for a total amount not to exceed $720,000 over a five-year period, with future funding contingent on Council budget approval; and,

3. 3. 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.

PIER CORPORATION 5.H. Approval of the Pier Corp FY 2023-24 Budget and Work Plan, was presented.

Recommended Action
Staff recommends that the City Council:

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

2. Approve the Santa Monica Pier Corporation Fiscal Year 2023-24 Budget and Work Plan;
DocuSign Envelope ID: 474119F9-2F35-4471-8F1D-44F398FDF2B3

5.F
Packet Pg. 1032 Minutes Acceptance: Minutes of Jun 13, 2023 5:30 PM (CONSENT CALENDAR) 8 June 13, 2023

3. Authorize the City Manager to execute a fourth modification to Agreement No. 10101 (CCS) with the Santa Monica Pier
Corporation to extend the term through June 30, 2024.

This item was pulled by Councilmember Torosis to ask questions of staff, including, what steps are the Pier taking to increase revenue, is the Pier planning to partner with the City Manager to create strategic partnerships, and are there any plans to bring back filming on the Pier.

Motion by Councilmember Torosis, seconded by Mayor Pro Tem Negrete, to improve the recommended action. The motion was approved by the following vote:

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

PARKING STRUCTURE

SECURITY

5.L. Approval of First Modification of Agreement No. 4982 (CCS) with Good Guard Security Inc. for Parking Structure Security Services, was presented.

Recommended Action
Staff recommends that the City Council

1. Adopt a finding of categorical exemption pursuant to Section 15301 of the California Environmental Quality Act (CEQA) Guidelines.

2. Authorize the City Manager to negotiate and execute a first modification to Agreement #4982 (CCS) in the amount of
$2,200,000 with Good Guard Security, Inc. to provide overnight security services in parking facilities and adjacent areas. This will result in a five and a half year amended agreement with a new total amount not to exceed $2,400,000, with future year funding contingent on Council budget approval.

This item was pulled by Councilmember Brock to ask questions of staff including, how is this security company in comparison to previous security company, and how are things going; is the number of guards currently enough, and how many would it take to be at its best; have we improved from the previous past two years; is the contract adequate or does it need to be retooled to the original estimate of six guards; and, what would be the cost for the additional two guards.

Motion by Councilmember Brock, seconded by Councilmember Zwick, to approve the recommended action. The motion was approved by the following vote:

DocuSign Envelope ID: 474119F9-2F35-4471-8F1D-44F398FDF2B3

5.F
Packet Pg. 1033 Minutes Acceptance: Minutes of Jun 13, 2023 5:30 PM (CONSENT CALENDAR) 9 June 13, 2023
AYES: Councilmembers Zwick, Parra, Brock, Torosis,
Mayor Pro Tem Negrete, Mayor Davis
NOES: None
ABSENT: Councilmember de la Torre

PUBLIC INPUT ON

REMAINING AGENDA
ITEMS:

Member of the public Howard Keum commented Item 7.A.

There were no members of the public present to commented Item 11.A.

Members of the public Megan Oddsen and Lauren Akmaeva commented

16.B.

Members of the public Zoe Muntaner , Nathanael Buckley, Caro Vilain, Kent Strumpell, and Eli Gill commented 16.D.

CONTINUED ITEMS:

HUMAN SERVICES

COMMISSION

8.A. Appointment to one open seat on the Human Services Commission for the term ending in June 30, 2025. (Continued from May 24, 2023.), was continued to the June 27th meeting.

STAFF

ADMINISTRATIVE
ITEMS:

PIER BRIDGE

REPLACEMENT

ENVIRONMENTAL

IMPACT REPORT

11.A. Certification of Recirculated Final Environmental Impact Report/Environmental Assessment for the Pier Bridge Replacement Project and Authorization to Proceed with Final Design and Bidding Documents, was presented.

Recommended Action
Staff recommends that the City Council:

1. Adopt Resolution No. 11529 (CCS) entitled: “A RESOLUTION

OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA

CERTIFYING THE RECIRCULATED FINAL

ENVIRONMENTAL IMPACT REPORT/ENVIRONMENTAL

ASSESSMENT AND ADOPTING A MITIGATION

MONITORING AND REPORTING PROGRAM FOR THE
SANTA MONICA PIER BRIDGE REPLACEMENT PROJECT”
(Attachment B) and adopting the Mitigation Monitoring and Reporting Program for the Pier Bridge Replacement Project (Attachment C).

2. Approve the preferred alternative bridge design (Alternative 2) described in the Recirculated Final EIR/EA and authorize staff to proceed with the final design and development of bidding documents for construction of the Pier Bridge Replacement Project as recommended in the Recirculated Final EIR/EA and as described in this report.

Questions asked and answered of staff included: why were alternatives with elevators removed; how do the two alternatives presented meet the ADA requirement; wouldn’t parking on the south side require more foot traffic, DocuSign Envelope ID: 474119F9-2F35-4471-8F1D-44F398FDF2B3

5.F
Packet Pg. 1034 Minutes Acceptance: Minutes of Jun 13, 2023 5:30 PM (CONSENT CALENDAR) 10 June 13, 2023
and was there a study done to see where people are coming from when they’re going to the Pier; would other designs have met the Federal requirement for funding; is the federal funding attached to a specific number of parking spaces, or can the bridge be used for just deliveries and emergency vehicles; are there guard rails between the cars and sidewalk; why the delay in going out for the build; are we prepared for in case the bridge is not built in time for the 2028 Olympics; is there nothing else that can be done to create more ADA access other than proposing an elevator; are the ramps being adjusted in order to provide easier access to the south beach; will bikes, skateboards and other modes of transportation share the same side as the sidewalks; is the 5 inch rise high enough to keep a car from stopping accelerating; is there any federal requirement on how much the parking deck has to be opened; how many parking spaces are on the pier now; can this really be done in 2027; what damage did the bridge sustain during past storms and earthquakes, and has it become more damaged over time; is there reserve money available if we need to pay for hours to get the project completed before the 2027 deadline; what will happen with the bridge sign during the construction; could we think about installing more protective signage and barricades to be used during times when there are no cars allowed on the Pier; and, when the work is completed, is there any plan to look at the traffic circulation plan.

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

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

WATER SHORTAGE

ASSESSMENT

12.A. Public Hearing and Adoption Resolution No. 11530 (CCS) entitled: “A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA ADOPTING THE 2023 ANNUAL WATER
SHORTAGE ASSESSMENT REPORT”, was presented.

Recommended Action
Staff recommends that the City Council:

1. Adopt a finding of Categorical Exemption pursuant to Section 15307 and Section 15308 of the California Environmental Quality Act (CEQA) Guidelines.

2. Hold a public hearing and receive public comment for the 2023 Annual Water Shortage Assessment Report for the Public Works Department, Water Resources Division.

3. Approve attached resolution adopting the 2023 Annual Water Shortage Assessment Report.

DocuSign Envelope ID: 474119F9-2F35-4471-8F1D-44F398FDF2B3

5.F
Packet Pg. 1035 Minutes Acceptance: Minutes of Jun 13, 2023 5:30 PM (CONSENT CALENDAR) 11 June 13, 2023
Member of the public Denise Barton, spoke to the recommended action.

Questions asked and answered of staff included: are we importing more water from Metropolitan Water District than we are harvesting locally; how much of the imported water allocation are we using; when all of the new housing is online, how is that going to affect our water self-sufficiency, and will that increase our utility rates.

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

AYES: Councilmembers Torosis, Brock, Parra, Zwick,
Mayor Pro Tem Negrete, Mayor Davis
NOES: None
ABSENT: Councilmember de la Torre
SOLID WASTE RATE 12.B. Public Hearing and Adoption Resolution No. 11531 (CCS) entitled, “A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA MOINCA, CALIFORNIA, REVISING SOLID WASTE RATES”,
was presented.

Recommended Action
Staff recommends that the City Council:

1. Hold a public hearing.

2. Receive public comment pursuant to Proposition 218 requirements.

3. Consider all protests against the proposed solid waste rate increases that have been submitted in accordance with Proposition 218.

4. Adopt findings of Statutory Exemption pursuant to Public Resources Code 20180(b)(8) and Categorical Exemption pursuant to Section 15273 of the California Environmental Quality Act (CEQA) Guidelines.

5. Adopt the attached resolution establishing a five-year schedule of solid waste rates effective August 1, 2023, for FY 2023-24 and July 1 every year thereafter through July 1, 2027, for FY 2027-28 Member of the public Denise Barton, spoke to the recommended action.

Questions asked and answered of staff included, is there any difference between what a smaller unit is being charged versus a larger property with more units, and why can’t individual units get their own trash cans and be billed separately from their landlord.

Motion by Mayor Pro Tem Negrete, seconded by Councilmember Torosis, to adopt the staff recommendation. The motion was approved by the DocuSign Envelope ID: 474119F9-2F35-4471-8F1D-44F398FDF2B3

5.F
Packet Pg. 1036 Minutes Acceptance: Minutes of Jun 13, 2023 5:30 PM (CONSENT CALENDAR) 12 June 13, 2023
following vote:

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

ADULT-USE CANNABIS

7.A. Adult-Use Cannabis Study Session, was presented.

Recommended Action
Staff recommends that the City Council:

1. Receive the presentation on key policy considerations for allowing adult-use cannabis businesses and other non-retail cannabis business types within the City of Santa Monica;

2. Discuss options for allowing adult-use cannabis sales and associated regulatory restrictions as may be appropriate; and

3. Provide direction to staff on whether to bring back changes to the Municipal Code to allow for adult-use cannabis retail businesses and non-retail cannabis business types within the City.

Questions asked and answered of staff included: any recommendations or advice on how to set up an equity program; recommendations around a RFP, lottery or other competitive selection process to avoid liability; how successful has Costa Mesa’s process worked with no cap; are all workers in the state unionized; can the city require that the labor peace agreement have so many diverse hires, and can they require a labor agreement with certain pay; what are some unique concerns with onsite consumption locations; why is the area across from John Adams Middle School showing an area where a business could exist; can there be a two-step process to allow the two medical dispensaries to convert to adult-use for the short-term while we’re deciding this process; is there a way to avoid a concentration of businesses, instead of using the buffers; can a outlet be retail and non-retail, maybe a storefront that delivers; is there a way to regulate delivery from out of jurisdiction businesses; and, licensing transfers, could that be regulated.

Considerable discussion ensued on topics including, but not limited to:
would we be open to allowing the two medical businesses in the city transfer over to becoming adult-cannabis retailers; not in favor of a cap; should permit adult-use including delivery; outside deliveries should have to get a license to deliver in Santa Monica; no cap requirement, but limit the amount of businesses within a certain block or radius; use the state’s buffer requirements instead of our more restrictive zoning requirements; yes to social equity; supportive of retail in order to fill up storefronts; in favor of consumption lounges; should we allow and expedite the existing businesses to convert to recreational licenses, with the delivery option; DocuSign Envelope ID: 474119F9-2F35-4471-8F1D-44F398FDF2B3

5.F
Packet Pg. 1037 Minutes Acceptance: Minutes of Jun 13, 2023 5:30 PM (CONSENT CALENDAR) 13 June 13, 2023
hesitant to set a limit on the amount of businesses; don’t want saturation of these businesses in one specific neighborhood; do not want any discretionary processes; do an equity study; in support of social equity, including help with permits, grants, loans, business plans, mentorships, etc.; for now allow medicinal businesses to convert over to adult-cannabis businesses; lottery system is fraught, would need to add some layers of equity for fairness; pro-retail and non-retail uses; don’t over-regulate, set buffer zones set by the state.

Initial Questions:

1. Confirming Adult-Use as Permitted Land Use - Yes

2. Retail and non-retail uses – Both, with regulations on consumption lounges, microbusinesses, and definite delivery options.

3. Number of Retailers – staff come back with proposals with specific limitations, set minimums in order to get a license

4. Existing Businesses – allow the existing medicinal outlets to convert over to recreational, and allow delivery

5. Allowable locations

6. Buffer requirements – go with the state’s buffer zones or the city’s maximum distance between outlets
Future Key Decisions
- Social equity
- Selection Process

COUNCILMEMBER
DISCUSSION ITEMS:

LIBRARY BOARD

16.A. Appointment to one unscheduled vacancy on the Library Board for a term ending on June 30, 2025, was continued to the June 27th meeting.

GUN SALE

RESTRICTION &

RESPONSIBILITY

16.B. Request of Councilmembers Torosis, Councilmember Zwick, and Mayor Davis that the Council direct the City Manager and the City Attorney to, within 60 days, draft an ordinance for council adoption to restrict the sale of guns in Santa Monica and propose additional gun owner responsibilities. This ordinance should be based on best practices from other jurisdictions, stakeholder engagement, and consultation with subject matter experts, was presented.

Motion by Mayor Pro Tem Negrete, seconded by Councilmember Parra, to adopt the staff recommendation. The motion was unanimously approved by voice vote by all members present, with Councilmember de la Torre absent.

TREE CANOPY,

PRIVATE TREE

ORDINANCE, &

DEVELOPMENT

IMPACT FEES

16.C. Councilmembers Brock and de la Torre request that the City Manager evaluate various commercial development impact fees and best practices in American cities for tree replacement that can be implemented. In addition, a timeline for further discussion of the private tree ordinance will be established, and best efforts will be made DocuSign Envelope ID: 474119F9-2F35-4471-8F1D-44F398FDF2B3

5.F
Packet Pg. 1038 Minutes Acceptance: Minutes of Jun 13, 2023 5:30 PM (CONSENT CALENDAR) 14 June 13, 2023
to increase the public tree canopy in Santa Monica, was presented.

Motion by Councilmember Brock, seconded by Councilmember Parra, to amend the recommendation to request staff to evaluate potential sources of revenue which might include an in-lieu fee for the removal of private trees.

To allow us to further enact and take into account the fact that the community would very much like to have a private tree ordinance. The motion was unanimously approved by voice vote by all members present, with Councilmember de la Torre absent.
17TH STREET BIKE PATH 16.D. Request of Councilmembers Brock and de la Torre that the City Council direct the City Manager to provide an update via an Information Item to be published on the City’s website regarding bicycle and pedestrian improvements installed on 17th Street from Pico to Wilshire, known as the “Safe Streets for 17th Street and Michigan Avenue” project, upon completion of the project. In the Information Item, the City Manager is asked to provide an overview of the project, total costs, funding sources, intended outcomes, lessons learned, and adjustments made. As part of the Information Item, the City Manager is also being asked to consider the costs, impacts, tradeoffs, and possible funding sources associated with modifying the design of the intersection at Broadway and 17th (i.e., adjusting the configuration of the corner islands) that will enhance vehicular movements while not compromising bicycle and pedestrian safety, was pulled by the requestor.

PUBLIC SERVICES

OFFICERS

16.E. Request of Councilmembers Brock and de la Torre that the City Council ask the City Manager to estimate the costs of four Public Services Officers for the City Council to consider at the June 27, 2023, City Council meeting. The City Council should enact additional budgetary measures to address Clean and Safe Initiatives, which include safety and security downtown, was presented.

After receiving the cost from the City Manager, Councilmember Brock withdrew his request.

SWIM LESSONS 16.F. Request of Councilmembers Brock and de la Torre that the City Council direct the City Manager to develop an estimate of resources needed to provide financial assistance to eligible families and/or partner with community non-profits to provide free and/or reduced-cost swim lessons at Santa Monica Aquatics facilities to ensure that elementary school-age children have access to learn how to swim.

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

DocuSign Envelope ID: 474119F9-2F35-4471-8F1D-44F398FDF2B3

5.F
Packet Pg. 1039 Minutes Acceptance: Minutes of Jun 13, 2023 5:30 PM (CONSENT CALENDAR) 15 June 13, 2023
Councilmember Brock amended his motion to give direction to the City Manager to evaluate our current outreach about our swim programs and assess if there are any additional ways, without additional cost, to make them more known in the community. The amendment was considered friendly to the seconder. The motion was unanimously approved by voice vote by all members present, with Councilmember de la Torre absent.

ADJOURNMENT On order of the Mayor, the City Council meeting adjourned at 12:23 a.m. in memory of June Stephen.

ATTEST: APPROVED:

Denise Anderson-Warren Gleam Davis
City Clerk Mayor
DocuSign Envelope ID: 474119F9-2F35-4471-8F1D-44F398FDF2B3

5.F
Packet Pg. 1040 Minutes Acceptance: Minutes of Jun 13, 2023 5:30 PM (CONSENT CALENDAR) City Council
Report
City Council Meeting: July 25, 2023
Agenda Item: 8.A
1 of 2
To: Mayor and City Council
From: Denise Anderson Warren, City Clerk, Records and Election Services Department
Subject: Annual Appointments to the following Boards and Commissions. Continued from 7/18/2023.

Board/Commission No. of
Seats
Term
End Date
Special Requirements
Airport Commission 2 6/30/2027 Reside in the City.

Architectural Review Board 1 6/30/2027
Arts Commission 3 6/30/2027 Reside or work in the City.

Commission on
Sustainability, Environmental
Justice and the Environment
2 6/30/2027 Reside or work in the City.

Disabilities Commission 1 6/30/2027 Reside in the City.

Housing Commission 2 6/30/2025 Two must be affordable
housing program participant
where one is 62-years or older
and the other is unhoused or
formerly unhoused.

Human Services
Commission
2 6/30/2027 Reside in the City.

Personnel Board 1 6/30/2027 Reside in Santa Monica or LA County that is employed within
the City, own property or hold
business licenses in the City
Planning Commission 3 6/30/2027 Reside in the City.

Public Safety Reform and
Oversight Commission
3 6/30/2027 At least one shall be between
18-22 years.

Recreation and Parks
Commission
1 6/30/2027 Reside in the City.

Santa Monica Library Board 1 6/30/2027 Reside in the City.

8.A
Packet Pg. 1041
2 of 2
Urban Forest Task Force 2 6/30/2025 Must be current or past certified arborist. All must
reside, work or hold business
licenses in the City
Prepared By: Xavier Mota, Staff Assistant III
Approved Forwarded to Council
Attachments:

A. Applicant List
B. Written Comments

8.A
Packet Pg. 1042
City of Santa Monica
Boards and Commissions Applicants
Airport Commission
Name Application Date
Falk, Margaret
Griffin, Margaret
Gross, Spencer D.

Hopkins, David J.

Lopez, Eve
Neri, Geoffrey A.
05/25/2022
06/21/2023
06/20/2023
06/21/2023
01/23/2022
06/18/2023
Scott, Kate 05/22/2022
TOTAL APPLICANTS: 7
*Incumbents listed in green

8.A.a
Packet Pg. 1043 Attachment: Applicant List (5885 : Continued: Annual Appointments 8.A.) City of Santa Monica
Boards and Commissions Applicants
Architectural Review Board
Name Application Date
Edward Scott 05/16/2023
TOTAL APPLICANTS: 1
*Incumbents listed in green

8.A.a
Packet Pg. 1044 Attachment: Applicant List (5885 : Continued: Annual Appointments 8.A.) City of Santa Monica
Boards and Commissions Applicants
Arts Commission
Name Application Date
Beall, Jeff
Benjamin, Kathleen D.

Boghosian, Ana
Edgar, Michelle S.

Fox, Kara K.

Karetsky, Ethan
Lin, Jason
Petrakos, Bren C.

Subramaniam, Deepa
Warren, Eric
05/17/2023
06/19/2023
12/13/2022
05/24/2023
06/15/2022
06/16/2023
01/19/2023
06/21/2022
05/17/2023
01/01/2023
TOTAL APPLICANTS: 10
*Incumbents listed in green
*Serves in the Library Board

8.A.a
Packet Pg. 1045 Attachment: Applicant List (5885 : Continued: Annual Appointments 8.A.) City of Santa Monica
Boards and Commissions Applicants
Commission on Sustainability, Environmental Justice,
and the Environment
Name Application Date
Bush, Jeff
Joe, Laurel S.

Kubani, Dean A.

Lappen, David I.

Mearns, Susan L.

Moss, Kyle
Newbold, Gerda
06/19/2023
04/02/2023
06/12/2023
03/07/2023
06/20/2023
03/08/2023
03/30/2023
TOTAL APPLICANTS: 7
*Incumbents listed in green
*Serves in the Audit Subcommittee

8.A.a
Packet Pg. 1046 Attachment: Applicant List (5885 : Continued: Annual Appointments 8.A.) City of Santa Monica
Boards and Commissions Applicants
Disabilities Commission
Name Application Date
TOTAL APPLICANTS: 0
*Incumbents listed in green

8.A.a
Packet Pg. 1047 Attachment: Applicant List (5885 : Continued: Annual Appointments 8.A.) City of Santa Monica
Boards and Commissions Applicants
Housing Commission
Name Application Date
Camner, Leonora S.

Finley, Sheila A.

Garcia, Lydia
Gordon, Gail
Hass, Ryan O.

Ha, Edmund
Marasco, Theresa H.
06/16/2022
07/06/2023
11/30/2021
07/18/2022 – Not applying for
affordable housing recipient over 62 seat
12/06/2021
11/30/2021
06/19/2023
Susman, Matthew B. 09/20/2022
TOTAL APPLICANTS: 8
*Incumbents listed in green
*Serves on the Disabilities
Commission

8.A.a
Packet Pg. 1048 Attachment: Applicant List (5885 : Continued: Annual Appointments 8.A.) City of Santa Monica
Boards and Commissions Applicants
Human Services Commission
Name Application Date
Einbinder, Susan D.

Finkelstein, Helen M.

Hemphill-Elsea , Alexis M.

Manvel, Marie
Muntaner, Zoe
06/12/2023
03/30/2023
06/21/2023
05/03/2023
04/07/2023
TOTAL APPLICANTS: 5
*Incumbents listed in green

8.A.a
Packet Pg. 1049 Attachment: Applicant List (5885 : Continued: Annual Appointments 8.A.) City of Santa Monica
Boards and Commissions Applicants
Santa Monica Library Board
Name Application Date
Aimonetti, Heidi Vega
Cody, Daniel
Flaig, Nick
Hugh-Jones, Dan
Maya, Doris
McRitchie, Karen
Schmidt, Laurel
Spears, Antonio D.

Tuckman, Deborah
06/09/2023
06/14/2022
06/07/2023
06/14/2022
07/26/2023
06/08/2023
05/22/2023
06/05/2023
06/08/2023
TOTAL APPLICANTS: 9
*Incumbents listed in green

8.A.a
Packet Pg. 1050 Attachment: Applicant List (5885 : Continued: Annual Appointments 8.A.) City of Santa Monica
Boards and Commissions Applicants
Personnel Board
Name Application Date
Allen, Melanie Luthern
Van de Bunt, Dirk W.
06/20/2023
11/07/2022
TOTAL APPLICANTS: 2
*Incumbents listed in green

8.A.a
Packet Pg. 1051 Attachment: Applicant List (5885 : Continued: Annual Appointments 8.A.) City of Santa Monica
Boards and Commissions Applicants
Planning Commission
Name Application Date
Ciszek, Thomas
Cohen, Deborah
Fonda-Bonardi, Mario
Fresco, Nina
Hamilton, Josh D.
07/11/2022
12/15/2022
06/19/2023
06/18/2023
02/24/2022
Ries, Jim
Sinunu, Alexander J.
06/18/2023
01/18/2023
TOTAL APPLICANTS: 7
*Incumbents listed in green
*Serves in the Housing Commission

8.A.a
Packet Pg. 1052 Attachment: Applicant List (5885 : Continued: Annual Appointments 8.A.) City of Santa Monica
Boards and Commissions Applicants
Public Safety Reform and Oversight Commission
Name Application Date
Banister, Xavier H.

Cruz, Jaime S.

Devermont, Derek
Feldman, Jason K.

Gielicz, Albin R.

Goldberg, Aimee
Graber, Stuart B.

Kolding, Lucas
Mohanty, Adya
Singer, Donald I.

Walter, Craig A.

Winnemore, Paul L.
03/07/2022
06/20/2023
05/15/2023
06/15/2022
06/20/2022
06/20/2023
06/05/2022
03/02/2022
06/20/2023
06/16/2022
03/10/2022
03/07/2021
TOTAL APPLICANTS: 12
*Incumbents listed in green
*Registered Lobbyist and Serves In
the TOT Advisory Committee
*Serves as Ex-Offifio for the Public
Safety Reform and Oversight
Commission

8.A.a
Packet Pg. 1053 Attachment: Applicant List (5885 : Continued: Annual Appointments 8.A.) City of Santa Monica
Boards and Commissions Applicants
Recreation and Parks Commission
Name Application Date
Besser, Sean
Bowman, Ann K.

Ciriello, Peter
Lin, Jason
Martin, Chip
Thompson, Mei Lisa D.
06/01/2023
06/13/2023
04/19/2023
01/19/2023
06/20/2023
06/20/2022
TOTAL APPLICANTS: 6
*Incumbents listed in green
*Serves in the Library Board

8.A.a
Packet Pg. 1054 Attachment: Applicant List (5885 : Continued: Annual Appointments 8.A.) City of Santa Monica
Boards and Commissions Applicants
Urban Forest Task Force
Name Application Date
Martinez, Armando
Rubin, Jerry
07/07/2023
07/06/2023
TOTAL APPLICANTS: 2
*Incumbents listed in green

8.A.a
Packet Pg. 1055 Attachment: Applicant List (5885 : Continued: Annual Appointments 8.A.) 1 Xavier Mota
From: Ann Maggio <[email protected]>
Sent: Thursday, June 22, 2023 5:13 PM
To: Denise Anderson-Warren; David White; Douglas Sloan; councilmtgitems Subject: June 27 Item 16.A. - When did the Council approve language changes for who can serve on the Disabilities and Housing Commissions?

EXTERNAL
Dear City Staff,
Are you telling the public that there's a NEW MINIMUM REQUIREMENT STANDARD - one of self identification - in order to check the box and fulfill City Council's long standing requirement that these 2 open seats for the Disabilities Commission are filled with people with a disability? "Two must be self-identified persons with a disability and reside in the City." Are you telling the public that there's a NEW NEW MINIMUM REQUIREMENT STANDARD to fulfill City Council's long standing requirement that these 2 open seats for the HOUSING Commission are filled with people with people who are HOUSING AUTHORITY PARTICIPANTS (meaning folks who receive public assistance) has been minimized to check the box by changing it to "Affordable Housing Program Participants"? Two must be affordable housing program participant where one is 62-years or older and the other is unhoused or formerly unhoused.

David, I am 100% sure you know exactly what is going on here with the language change that was NEVER brought before the City Council for approval. STOP and return the prior language until such time that you decide to bring these substantive changes to the vote of the City Council.

Thank you.

Ann Maggio Thanawalla
"Unthinking respect for authority is the greatest enemy of truth."  ‐ Albert Einstein ITEM 16.A.

JUNE 27, 2023
ITEM 16.A.

JUNE 27, 2023

8.A.c
Packet Pg. 1056 Attachment: Written Comments (5885 : Continued: Annual Appointments 8.A.) 1 Xavier Mota
From: Ann Maggio <[email protected]>
Sent: Friday, June 23, 2023 10:31 AM
To: councilmtgitems; Phil Brock; Oscar de la Torre; Christine Parra Subject: June 27 Item 16.A. - Housing Commission appointment

EXTERNAL
Please reappoint Commissioner Marasco to the Housing Commission seat she holds today.

Thank you,
Ann Maggio Thanawalla
"Unthinking respect for authority is the greatest enemy of truth."  ‐ Albert Einstein ITEM 16.A.

JUNE 27, 2023
ITEM 16.A.

JUNE 27, 2023

8.A.c
Packet Pg. 1057 Attachment: Written Comments (5885 : Continued: Annual Appointments 8.A.) From: Brian Stedge-Stroud
To: councilmtgitems
Subject: Item 16A -Michelle Edgar
Date: Friday, June 23, 2023 2:05:19 PM

EXTERNAL
June 23, 2023
Santa Monica City Council
City Hall
1685 Main Street, Room 209
Santa Monica, CA 90401
RE: Annual Appointments to the following Boards and Commissions – Arts Commission
Dear Mayor and City Councilmembers,
I am writing in support of Michelle Edgar’s application to the Arts Commission.

She is the Founder and CEO of the non-profit Music Unites with the mission to raise academic and lifetime achievement for at-risk public school students through the support and creation of unique music education partnerships and programs. The non-profit currently provides free after-school music programs to youth through school-based partnerships, along with special monthly workshops designed in alignment with standards for career and college readiness.

She most recently launched Salsa Way on the Santa Monica Pier, a 3-month series highlighting local renowned artists and musicians from the salsa community and worked with the Santa Monica Pier to integrate this programming on the Pier as part of Local’s Night.

With the growing need and opportunity of culture in our city and Michelle’s high level marketing, entertainment and sports connections, I know she will be an asset to the city and the Commission. She will offer a new perspective and will help execute powerful programs and ideas that will benefit our community.

Please strongly consider her appointment to the Santa Monica Arts Commission.

Brian Stedge-Stroud
ITEM 16.A.

JUNE 27, 2023
ITEM 16.A.

JUNE 27, 2023

8.A.c
Packet Pg. 1058 Attachment: Written Comments (5885 : Continued: Annual Appointments 8.A.) 90404
ITEM 16.A.

JUNE 27, 2023
ITEM 16.A.

JUNE 27, 2023

8.A.c
Packet Pg. 1059 Attachment: Written Comments (5885 : Continued: Annual Appointments 8.A.) From: Council Mailbox
To: councilmtgitems
Subject: Fw: In support of Arts Commission candidate Michelle Edgar - Item 16A Date: Friday, June 23, 2023 2:11:08 PM
From: Michael Masucci <[email protected]> Sent: Friday, June 23, 2023 1:24 PM
To: Council Mailbox <[email protected]>
Subject: In support of Arts Commission candidate Michelle Edgar Dear Members of the Santa Monica City Council,
I am writing to give my upmost support to the candidacy of Michelle Edgar, for the Santa Monica Arts Commission.

Ms. Edgar’s experience in both the worlds of the creative arts, as well as her professional experience in management, marketing and legal studies makes her ideal for the Arts Commission. Her skill sets will augment, expand and synergize the talents already on the Commission and will bring together the enormous possibility for continued advocacy and support for the art in Santa Monica.

As a city that understands the enormous value that the arts offer its stakeholders, Ms. Edgar will be an enormous addition to what the city envisions going forward and can achieve a leadership position within the Commission going forward, both on its subcommittees as well as a whole.

I hope you endorse her candidacy and bring to the Commission a committed a proven leader, whose talent and experience will only further improve the effectiveness and value of the Arts Commission.

As this month's Arts Commission meeting will conclude my tenure as Chair of the Arts Commission, I am deeply concerned with the recruitment of proven exemplary new talent to serve in the years to come. Ms, Edgar's demonstrated record is exactly such talent, and I hope you will agree.

Thank you for your consideration,
Michael J. Masucci
Chair, Santa Monica Arts Commission
ITEM 16.A.

JUNE 27, 2023
ITEM 16.A.

JUNE 27, 2023

8.A.c
Packet Pg. 1060 Attachment: Written Comments (5885 : Continued: Annual Appointments 8.A.) From: Clerk Mailbox
To: councilmtgitems
Subject: FW: Agenda Packet - Jun 27, 2023 (Tue) - City Council Date: Friday, June 23, 2023 3:48:44 PM
From: Ann Maggio <[email protected]>
Sent: Thursday, June 22, 2023 4:57 PM
To: Clerk Mailbox <[email protected]>; David White <[email protected]>
Cc: Oscar de la Torre <[email protected]>; Christine Parra <[email protected]>; Phil Brock <[email protected]> Subject: Fwd: Agenda Packet - Jun 27, 2023 (Tue) - City Council

EXTERNAL
Regarding the 6/27/2023 Agenda, Item 16.A.

Please provide documentation to show when the City Council agreed that the standard for disabled members of the Disabilities Commission simply allows for Self Identification. "Two must be self-identified persons with a disability and reside in the City." Thank you,
Ann Maggio Thanawalla
"Unthinking respect for authority is the greatest enemy of truth." - Albert Einstein ---------- Forwarded message ---------
From: City Clerk <[email protected]>
Date: Thu, Jun 22, 2023 at 3:54 PM
Subject: Agenda Packet - Jun 27, 2023 (Tue) - City Council To:

Please see the attached Agenda Packet document for the following meeting:

City Council
Regular Meeting
Tuesday, June 27, 2023 5:30 PM
1685 Main Street, Room 250, Santa Monica, CA 90401
ITEM 16.A.

JUNE 27, 2023
ITEM 16.A.

JUNE 27, 2023

8.A.c
Packet Pg. 1061 Attachment: Written Comments (5885 : Continued: Annual Appointments 8.A.) Download PDF Agenda Packet
|View Web Agenda Packet
Document Modified: 6/22/2023 3:51 PM
If you no longer wish to be included in this distribution list you can remove yourself through the meeting web portal or reply to this message.

ITEM 16.A.

JUNE 27, 2023
ITEM 16.A.

JUNE 27, 2023

8.A.c
Packet Pg. 1062 Attachment: Written Comments (5885 : Continued: Annual Appointments 8.A.) From: Debra Shepherd
To: councilmtgitems
Subject: Item 16A
Date: Saturday, June 24, 2023 8:57:56 PM

EXTERNAL
Good day Council members:

I would like to support Theresa Marasco to be re-appointed to serve on the Housing Commission. I have learned so much from her as a housing voucher recipient. I appreciate Theresa's vast knowledge of HUD regulations and requirements.

I have reviewed all of the applications for the Housing Commision. I don't think that there is a more qualified applicant than Theresa Marasco. Please re-appoint Theresa to the Housing Commision. She has the knowledge, work experience, and work ethic to serve our community.

Best regards,
Debra Shepherd
Former Chair SMMUSD SEDAC Chair
Santa Monica HCV holder/resident
ITEM 16.A.

JUNE 27, 2023
ITEM 16.A.

JUNE 27, 2023

8.A.c
Packet Pg. 1063 Attachment: Written Comments (5885 : Continued: Annual Appointments 8.A.) From: Alexandra Sokol
To: councilmtgitems
Subject: Endorsement for Commission on Sustainability, Environmental Justice and The Enviroment Date: Monday, June 26, 2023 1:34:18 PM
Attachments: image.png

EXTERNAL
Dear Council Members -
I would like to fully endorse the reappointment of Dean Kubani and Susan Mearns to the Commission on Sustainability, Environmental Justice and The Environment.

They are both a driving force and highly knowledgeable in the field, as well as a history of understanding both the needs of the city and the commission. As a Commissioner myself, their valuable scientific input and deep knowledge of the city have continued to add important expertise to the Commission.

My Regards - Alexandra Sokol
--
Alexandra Sokol
EnviroDynamix™
Chief Sustainability Strategist & EVP Project Development m: 310.500.7722 | [email protected]
Commissioner at City of Santa Monica Commission on Sustainability, Environmental Justice and the Environment | Santa Monica EV Sub-Committee & Airport Redevelopment Committee Member | USGBC Advisor | LEED GA & ND | Member of SWRR | Member of Millennium Project Environmental Node |
American Anthropology Assoc. Member - Disaster TIG
http://www.envirodynamix.com
--------- This message (including any attachments) may contain privileged and confidential information. It is intended to be conveyed only to the designated recipient(s) named above. Do not read, copy or share this communication unless you are the intended recipient. If you have received this message in error, please notify the sender immediately by replying to this message and then delete all copies of it from your computer system. Any use, dissemination, distribution, disclosure, or reproduction of this message by unintended recipients is strictly prohibited. Thank you for your cooperation.

ITEM 16.A.

JUNE 27, 2023
ITEM 16.A.

JUNE 27, 2023

8.A.c
Packet Pg. 1064 Attachment: Written Comments (5885 : Continued: Annual Appointments 8.A.) From: Council Mailbox
To: councilmtgitems
Subject: Fw: In support of reappointment of Deepa Subramanian and Kathleen Benjamin to Arts Commission Date: Monday, June 26, 2023 8:26:23 AM
From: Michael Masucci <[email protected]> Sent: Friday, June 23, 2023 3:36 PM
To: Council Mailbox <[email protected]>
Cc: Laurie Yehia <[email protected]>; Sofia Klatzker <[email protected]>; Mary-Elizabeth Michaels <Mary[email protected]>; Michael Baroff <[email protected]> Subject: In support of reappointment of Deepa Subramanian and Kathleen Benjamin to Arts Commission
Dear members of the Santa Monica City Council,
I wanted to give my very strong support to the reappointment of two exemplary Arts Commissioners, Deepa Subramanian and Kathleen Benjamin. Both of these remarkable individuals are not only experienced professionals, whose wisdom and perspective enhance every Arts Commission meeting, but they are outstanding and effective contributors to the Subcommittee that they are part of as well.

I cannot over emphasize my conviction that these two people are essential to the success of the Arts Commission going forward and expect them both to quickly rise to leadership positions within the Commission in the years ahead.

I hope that you will re-appoint these two Commissioners, who stand among the most impactful and hard-working of all the Commissioners.

Thank you for your consideration on these important appointments.

Your truly,
Michael J. Masucci
Chair, Santa Monica Arts Commission
ITEM 16.A.

JUNE 27, 2023
ITEM 16.A.

JUNE 27, 2023

8.A.c
Packet Pg. 1065 Attachment: Written Comments (5885 : Continued: Annual Appointments 8.A.) From: Robert Brown
To: councilmtgitems
Subject: ITEM 16 - Airport Commissioners
Date: Monday, June 26, 2023 2:41:23 PM

EXTERNAL
Dear SM City CouncilmembersI urge you to reappoint GEOFFREY NERI to another term on the SMO Airport Commission and urge you to appoint MARGARET GRIFFIN to her first term on the SMO Airport Commission. These two individuals are dedicated to continuing the work at SMO and its transition to a public park for the enjoyment of the entire community. They are dedicated to do the work the residents have called and voted for. They are imminently qualified to hold these important positions and I urge you to appoint them. Thank you.

Sincerely,.

Robert Curtis Brown
2401 Pier Avenue
E: [email protected]
ITEM 16.A.

JUNE 27, 2023
ITEM 16.A.

JUNE 27, 2023

8.A.c
Packet Pg. 1066 Attachment: Written Comments (5885 : Continued: Annual Appointments 8.A.) From: Christine Hardin
To: councilmtgitems
Subject: Item 16
Date: Monday, June 26, 2023 4:19:55 PM

EXTERNAL
Dear Council members,
Please re-appointment of GEOFFREY NERI for a second term and MARGARET GRIFFIN for a first term on the Santa Monica Airport Commission. They are so qualified and passionate about the work, I can't imagine anyone better in the position. They both seem to have our best interests in mind and have the experience working with diverse groups of people. I think we are so lucky to have them interested to participate in the important work ahead regarding the airport property. They seem to know the local history, the codes and laws, and the stated vision for the future of SMO. We need great leaders involved and I believe that Geoffrey Neri and Margaret Griffin are exceptional. Please take this into consideration when making your decision.

Thank you.

Christine & Joseph Hardin
2349 Pier Avenue
ITEM 16.A.

JUNE 27, 2023
ITEM 16.A.

JUNE 27, 2023

8.A.c
Packet Pg. 1067 Attachment: Written Comments (5885 : Continued: Annual Appointments 8.A.) From: David Kaplan
To: councilmtgitems
Subject: Item 16 - Airport Commission: Geoffrey Neri and Margaret Griffin Date: Monday, June 26, 2023 4:59:56 PM

EXTERNAL
As a long time citizen in Sunset Park I highly recommend Geoffrey Neri and Margaret Griffin for the Airport Commission.

Thank you,
David Kaplan
2419 Pier Avenue
ITEM 16.A.

JUNE 27, 2023
ITEM 16.A.

JUNE 27, 2023

8.A.c
Packet Pg. 1068 Attachment: Written Comments (5885 : Continued: Annual Appointments 8.A.) From: Airport2Park
To: councilmtgitems
Cc: Gleam Davis; Phil Brock; Christine Parra; Lana Negrete; Jesse Zwick; Caroline Torosis; Oscar de la Torre Subject: Airport Commission Appointments June 27, 2023
Date: Tuesday, June 27, 2023 8:53:15 AM
Attachments: Airport2ParkCCPublicInput062723.pdf

EXTERNAL
Council members,
The Santa Monica Airport2Park Board endorses Geoffrey Neri for re-appointment for a second term and Margaret Griffin to fill the remaining Airport Commission vacancy.

Mr. Neri has served honorably for the last four years. His vision of the SMO’s future is in line with the goals of the Airport 2 Park Foundation to revert the 227 acres that now comprise the Santa Monica Airport into Parkland. In 1926, the City purchased the land for Cloverfield with Park Bond Funds. It featured tennis courts, an 18 hole golf course, pistol and archery ranges, recreation center, playing fields, and playgrounds.

Ms. Griffin has exceptional professional experience that makes her well suited to lend her expertise on the Airport Commission as the City moves forward in the transition process of the Airport Land. She is an architect, landscape designer, master planner, and educator.

In her previous service on the Architectural Review Board, she gained familiarity with both City processes and policies related to planning, development standards, accessibility requirements, zoning and building codes. With her planning and construction experience, she developed the ability to find creative solutions for issues that will arise in re-imagining of the unique topography of the SMO parcel including traffic impacts, hillside and grading conditions.

Ms. Griffin will be a valuable asset to have on the Airport Commission as the planning process for the Airport land moves forward.

Appointing Margaret Griffin and Geoffrey Neri to the Airport Commission will be a step in fulfilling the original intent of the City of Santa Monica when the land was purchased to create a grand park for all to use and benefit.

Santa Monica Airport2Park Foundation
Neil Carrey, President
Board members
Michael Brodsky
John Fairweather
Frank Gruber
Cathy Larson
Mike Salazar
ITEM 16.A.

JUNE 27, 2023
ITEM 16.A.

JUNE 27, 2023

8.A.c
Packet Pg. 1069 Attachment: Written Comments (5885 : Continued: Annual Appointments 8.A.) #+"

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ITEM 16.A.

JUNE 27, 2023
ITEM 16.A.

JUNE 27, 2023

8.A.c
Packet Pg. 1070 Attachment: Written Comments (5885 : Continued: Annual Appointments 8.A.) From: [email protected]
To: councilmtgitems
Cc: Gleam Davis; Lana Negrete; Phil Brock; Christine Parra; Oscar de la Torre; Caroline Torosis; Jesse Zwick Subject: 16A: Please reappoint Theresa Marasco to Housing Commission Date: Monday, June 26, 2023 11:32:47 PM

EXTERNAL
Hello Mayor Davis, Mayor Pro Tempore Negrete, and esteemed City Councilmembers, I am writing to urge you to reappoint Housing Commission Vice Chair Theresa Marasco to another term as Housing Commissioner for the two year seat dedicated to Housing Authority clients who have lived experience of homelessness. The city is lucky to have such a dedicated, knowledgeable, and hardworking volunteer.

Theresa Marasco is a smart, passionate, dedicated volunteer with unusually broad and deep experience with numerous aspects of housing, in particular affordable housing, HUD programs and policies, best housing program practices, affirmatively furthering fair housing and HUD's new requirements thereof, and new developments and innovations in affordable housing development and programming.

In her first term on the Housing Commission, Vice Chair Marasco has been instrumental in conceiving and executing an unprecedentedly ambitious and diverse annual work plan that reflects the myriad housing issues facing Santa Monicans. She dedicates countless hours to speaking with marginalized and other constituents to ensure she hears, understands, and addresses their concerns. She regularly attends meetings of related city boards and commissions, including those of the Planning Commission and Architectural Review Board, and works with staff and colleagues to increase dialogue and transparency. There is no one better qualified for this appointment.

Santa Monica is better for Housing Commission Vice Chair Theresa Marasco's extraordinary service. She has accomplished much in her brief time on the Housing Commission and there is so much more work that remains for her to do. Please reappoint her to her well-earned Housing Commission seat.

Thank you very much for your consideration.

Very best wishes,
Michelle Gray
ITEM 16.A.

JUNE 27, 2023
ITEM 16.A.

JUNE 27, 2023

8.A.c
Packet Pg. 1071 Attachment: Written Comments (5885 : Continued: Annual Appointments 8.A.) From: Zina Josephs
To: councilmtgitems
Cc: Zina Josephs
Subject: City Council 6/27/23 agenda item 16 -- Airport Commission appointments Date: Tuesday, June 27, 2023 9:54:32 AM

EXTERNAL
June 27, 2023
To: Mayor Davis and City Council Members
From: Board of Directors, Friends of Sunset Park (FOSP) RE: City Council 6/27/23 Agenda Item 16
Airport Commission Appointments
Endorse Geoffrey Neri and Margaret Griffin
The Friends of Sunset Park Board endorses the appointment of Margaret Griffin for the current Airport Commission vacancy and the re-appointment of Geoffrey Neri for a second term.

As the City moves forward in the planning process for the Airport Land, the Airport Commission, in its advisory role to City Council, is in a position to provide guidance and be an additional forum for the public to express their wants and desires for the future use of the Airport property.

Ms. Griffin has expertise drawn from her professional life and previous service to the City as a member of the Architectural Review Board (ARB). She is an architect, landscape designer, master planner, and educator. Her professional background would provide a unique skill-set not possessed by any current Airport Commissioners.

Her service on the ARB has given her knowledge and insight in City processes, development standards, zoning, and building codes that will give her a valuable voice in the future planning of the Airport Land.

Mr. Neri has completed serving his first term. A litigation attorney by profession, he has experience resolving disputes, listening to competing voices, finding common ITEM 16.A.

JUNE 27, 2023
ITEM 16.A.

JUNE 27, 2023

8.A.c
Packet Pg. 1072 Attachment: Written Comments (5885 : Continued: Annual Appointments 8.A.) ground and formulating compromises. As the City continues to operate SMO as an Airport until Dec. 31, 2028, having a legal eye on the Commission is always a beneficial asset. His support of the transitioning the Airport Land into Public Space is in line with the City’s vision of the future of SMO by engaging in a public process to re-imagine the possibilities.

Clare Thomas, President
Friends of Sunset Park
Board members:

Peter Donald
Ofer Grossman
Aliceann Grusin
Zina Josephs
Nikki Kolhoff
Cathy Larson
Jeanne Laurie
John Murdock
ITEM 16.A.

JUNE 27, 2023
ITEM 16.A.

JUNE 27, 2023

8.A.c
Packet Pg. 1073 Attachment: Written Comments (5885 : Continued: Annual Appointments 8.A.) From: Natalie Atun Greenberg
To: councilmtgitems
Subject: GEOFFREY NERI and MARGARET GRIFFIN - Santa Monica Airport Commission Date: Monday, June 26, 2023 8:51:47 PM

EXTERNAL
Hi,
As a homeowner in Santa Monica, I write to support the re-appointment of GEOFFREY NERI for a second term and MARGARET GRIFFIN for a first term on the Santa Monica Airport Commission. Both are truly outstanding individuals who will serve our community well. Thanks for your consideration.

Natalie A. Greenberg
917.686.9321
ITEM 16.A.

JUNE 27, 2023
ITEM 16.A.

JUNE 27, 2023

8.A.c
Packet Pg. 1074 Attachment: Written Comments (5885 : Continued: Annual Appointments 8.A.) From: [email protected]
To: councilmtgitems
Subject: Item 16 Airport Commission Appointments Endorse Griffin and Neri Date: Monday, June 26, 2023 11:33:38 PM

EXTERNAL
Councilmembers,
I urge Councilmembers to re-appoint Geoffrey Neri for a second term and appoint Margaret Griffin for the remaining Airport Commission vacancy.

Both applicants have professional expertise that would be valuable assets on the Airport Commission.

Ms. Griffin is an architect, landscape designer, master planner, and educator. As the City moves forward in the future planning of the Santa Monica Airport Land, her background will create a unique voice on the Airport Commission.

Mr. Neri is a litigation lawyer. He has served a first term as Airport Commissioner. His legal background has been useful in analyzing airport issues, listening to competing voices, finding common ground, and formulating solutions.

Cathy Larson
Sunset Park Resident
Airport2Park Boardmember
FOSP Boardmember
ITEM 16.A.

JUNE 27, 2023
ITEM 16.A.

JUNE 27, 2023

8.A.c
Packet Pg. 1075 Attachment: Written Comments (5885 : Continued: Annual Appointments 8.A.) From: Cathy Larson and Roger Allen
To: councilmtgitems
Subject: Item 16 Airport Commission Appointments Support Neri and Griffin Date: Tuesday, June 27, 2023 8:28:58 AM

EXTERNAL
Councilmembers,
I support the re-appointment of Geoffrey Neri to the Airport Commission and Margaret Griffin to fill the vacancy by termed out Joe Schmitz.

Thank you,
Roger Allen
Sunset Park Resident
ITEM 16.A.

JUNE 27, 2023
ITEM 16.A.

JUNE 27, 2023

8.A.c
Packet Pg. 1076 Attachment: Written Comments (5885 : Continued: Annual Appointments 8.A.) From: Carol Lemlein
To: councilmtgitems
Subject: June 27 Agenda Item 16 A - Appointment to Boards And Commissions - Planning Commission - Nina Fresco Date: Tuesday, June 27, 2023 10:35:56 AM

EXTERNAL
Mayor and Honorable Council Members,
I am writing to ask for your support for Nina Fresco's appointment to a third term on the Planning Commission.

Nina has an unusually broad knowledge and experience with the many issues presented to the Planning Commission for decisions and recommendations to Council, ranging from the many facets of our adopted plans to local history and historic preservation. She is actively involved with a broad variety of community organizations, as exemplified by Committee for Racial Justice, the Quinn Research Center, and the Santa Monica Conservancy.

In short, Nina is eminently qualified to serve Santa Monica on the Planning Commission during the next four years of complex issues and rapid change. Please support her application for a third term.

Thank you,
Carol Lemlein
ITEM 16.A.

JUNE 27, 2023
ITEM 16.A.

JUNE 27, 2023

8.A.c
Packet Pg. 1077 Attachment: Written Comments (5885 : Continued: Annual Appointments 8.A.) From: Asa Greenberg
To: councilmtgitems
Subject: Note of support re: Santa Monica Airport Commission appointments Date: Monday, June 26, 2023 8:38:25 PM

EXTERNAL
Hello!
As a homeowner and business owner in Santa Monica, I write to support the re-appointment of GEOFFREY NERI for a second term and MARGARET GRIFFIN for a first term on the Santa Monica Airport Commission. Both are truly outstanding individuals who will serve our community well. Thanks for your consideration.

Sincerely,
Asa Greenberg
2315 Pier Ave
Santa Monica CA 90405
--
-
Asa Greenberg
Kilogram Entertainment
ITEM 16.A.

JUNE 27, 2023
ITEM 16.A.

JUNE 27, 2023

8.A.c
Packet Pg. 1078 Attachment: Written Comments (5885 : Continued: Annual Appointments 8.A.) From: Danielle Charney
To: Christine Parra; Phil Brock; Lana Negrete; Gleam Davis; Caroline Torosis; Jesse Zwick; Oscar de la Torre; Clerk Mailbox; [email protected]
Subject: Re-Nomination of Theresa Marasco to the Housing Commission Date: Monday, June 26, 2023 11:20:59 PM

EXTERNAL
Greetings all,
I would like to express my support for Theresa Marasco for the re-appointment to the Housing Commission. Theresa is the real thing. She has spent most of her life working for those in need of a fair shake from housing, human services and the judicial system. She works tirelessly for others and has helped shape a new Commission that has been sorely needed in this City. In a few words, Theresa cares and it shows. I wish you would not just re-appoint her, but embrace her work, along with Michelle Gray, Dominic Gomez and Peter Borreson. These are some of the finest minds we have ever had on this Commission. They bring a world of experience and smarts to re-shape and organize the many programs and possibilities in the housing area for those who are often maligned, ignored and badly treated. So put Theresa back in that seat where she belongs. We are lucky to have her.

She works hard and for free. What could be more caring than that? Thank you,
Danielle Charney
Resident Since 1982
Almost OG Santa Monican
ITEM 16.A.

JUNE 27, 2023
ITEM 16.A.

JUNE 27, 2023

8.A.c
Packet Pg. 1079 Attachment: Written Comments (5885 : Continued: Annual Appointments 8.A.) City Council
Report
City Council Meeting: July 25, 2023
Agenda Item: 8.B
1 of 1
To: Mayor and City Council
From: Denise Anderson Warren, City Clerk, Records and Election Services Department
Subject: Appointment to two annual Councilmember vacancies on the Audit Subcommittee for a term ending June 30, 2027. Continued from 7/18/2023.

Prepared By: Xavier Mota, Staff Assistant III
Approved Forwarded to Council

8.B
Packet Pg. 1080
City Council
Report
City Council Meeting: July 25, 2023
Agenda Item: 10.A
1 of 1
To: Mayor and City Council
From: Douglas Sloan, City Attorney, City Attorney's Office, Administration Subject: Second Reading and Adoption of an Ordinance Amending Santa Monica Municipal Code 7.18.040 for Well Prohibition in the City Recommended Action
Staff recommends that the City Council adopt the attached Ordinance.

Executive Summary
At its meeting on July 18, 2023, the City Council introduced for first reading an Ordinance amending Santa Monica Municipal Code 7.18.040 for well prohibition in the City of Santa Monica. The ordinance is now presented to the City Council for adoption.

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

A. ORD-PW-Well Prohibition 2d

10.A
Packet Pg. 1081
1 City Council Meeting: July 25, 2023 Santa Monica, California ORDINANCE NUMBER _________ (CCS)
(City Council Series)

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
SANTA MONICA MODIFYING SECTION 7.18.040 OF THE SANTA MONICA

MUNICIPAL CODE TO UPDATE WELL PROHIBITION REQUIREMENTS
WHEREAS, in September 2014, the California legislature passed Senate Bills 1168 and 1319 and Assembly Bill 1739, known collectively as the Sustainable Groundwater Management Act (“SGMA”), enacting Water Code §§10720 – 10737.8; and WHEREAS, SGMA went into effect on January 1, 2015; and
WHEREAS, the legislative intent of SGMA, among other goals, is to provide for the sustainable management of groundwater basins, to enhance local management of groundwater, to establish minimum standards for sustainable groundwater management, and to manage groundwater basins through the actions of local governmental agencies to the greatest extent feasible while minimizing state intervention; and WHEREAS, SGMA requires all high and medium priority non-adjudicated groundwater basins, as designated by the California Department of Water Resources (“DWR”) in Bulletin 118, to be managed by a Groundwater Sustainability Agency (“GSA”) and that such management be accomplished pursuant to a Groundwater Sustainability Plan (“GSP”) for the basin; and
WHEREAS, the Santa Monica Basin, DWR Basin Number 4-011.01 (“Basin”) was designated by DWR as a medium priority basin thereby requiring the implementation of SGMA for the Basin; and

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Packet Pg. 1082 Attachment: ORD-PW-Well Prohibition 2d (5883 : Well Prohibition Ordinance - Second Reading) 2 WHEREAS, California Water Code §10721(j) defines a GSA as one or more local agencies that implement the provisions of SGMA; and
WHEREAS, any local public agency or combination of local agencies that have water supply, water management, or land use responsibilities within a groundwater basin may elect to become a GSA over that basin; and
WHEREAS, in 2017, the Santa Monica Basin Groundwater Sustainability Agency (“SMBGSA”) was formed under a Memorandum of Understanding (“MOU”) among the City of Santa Monica, the City of Beverly Hills, the City of Los Angeles, by and through its Department of Water and Power, the City of Culver City, and the County of Los Angeles (collectively, the “Parties”); and
WHEREAS, on August 28, 2018, the Santa Monica City Council adopted Ord. No. 2584CCS § 1 (the “Sustainable Groundwater Management Ordinance”), adding Chapter

7.18 to the Santa Monica Municipal Code, which prohibits the installation of new wells or the expansion of existing wells unless and until: (a) a Groundwater Sustainability Plan is adopted; and (b) the construction of new wells or the expansion of existing wells is expressly authorized by the Groundwater Sustainability Plan; and WHEREAS, the Groundwater Sustainability Plan (“GSP”) for the Basin was adopted by the SMBGSA in January 2022; and
WHEREAS, SGMA defines sustainable groundwater management as the management and use of groundwater in a manner that can be maintained over a 50-year planning and implementation horizon without causing undesirable results; and

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Packet Pg. 1083 Attachment: ORD-PW-Well Prohibition 2d (5883 : Well Prohibition Ordinance - Second Reading) 3 WHEREAS, under SGMA, undesirable results occur when significant and unreasonable effects for any of six sustainability indicators are caused by groundwater conditions occurring throughout the Basin; and
WHEREAS, the six sustainability indicators defined in SGMA are:
• Chronic lowering of groundwater levels
• Groundwater storage
• Seawater intrusion
• Degraded water quality
• Land subsidence
• Depletions of interconnected surface water; and
WHEREAS, the extraction of groundwater from the Basin is prohibited without the unanimous consent of the SMBGSA, based upon a determination by the SMBGSA that the extraction of groundwater from such installation or expansion will not cause undesirable effects in the Basin, as further described in the Groundwater Sustainability Plan approved by the SMBGSA; and
WHEREAS, the City Council now seeks to amend SMMC section 7.18.040 to prohibit new or the expansion of existing private groundwater wells within the City of Santa Monica unless such expansion or extraction is approved by the SMBGSA, based upon a determination by the SMBGSA that the extraction of groundwater from such installation or expansion will not cause undesirable effects in the Santa Monica Basin, as further described in the Groundwater Sustainability Plan approved by the SMBGSA.

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Packet Pg. 1084 Attachment: ORD-PW-Well Prohibition 2d (5883 : Well Prohibition Ordinance - Second Reading) 4 NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SANTA MONICA DOES HEREBY ORDAIN AS FOLLOWS:

SECTION 1. Santa Monica Municipal Code Section 7.18.040 is hereby amended to read as follows:

7.18.040 Well prohibition.

The installation of new wells or the expansion of existing wells is prohibited within the City of Santa Monica unless and until such installation or expansion is approved by the unanimous consent of the Santa Monica Basin Groundwater Sustainability Agency (SMBGSA).

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.

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

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Packet Pg. 1085 Attachment: ORD-PW-Well Prohibition 2d (5883 : Well Prohibition Ordinance - Second Reading) 5 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

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Packet Pg. 1086 Attachment: ORD-PW-Well Prohibition 2d (5883 : Well Prohibition Ordinance - Second Reading) City Council
Report
City Council Meeting: July 25, 2023
Agenda Item: 10.B
1 of 14
To: Mayor and City Council
From: David Martin, Director, Administration
Subject: Introduction and First Reading of an Interim Zoning Ordinance to Promote Economic Recovery in the City’s Downtown Districts, including the Third Street Promenade Area, and Provide Other Minor and Clerical Amendments to the Zoning Ordinance Related to Economic Recovery.

Recommended Action
Staff recommends that the City Council:

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

2. Introduce for first reading an Interim Zoning Ordinance to promote economic recovery in the City’s Downtown Districts, including the Third Street Promenade Area, and provide other minor and clerical amendments to the Zoning Ordinance related to economic recovery.

Summary
On January 24, 2023, Council held a discussion requesting that the City develop strategies to revitalize the Third Street Promenade that included but were not limited to, establishing an arts and entertainment district in the 1200 block of the Third Street Promenade, expanding outdoor dining opportunities, promoting available space and development opportunities, Zoning Code amendments to expand allowable uses, and opportunities to partner with Downtown Santa Monica, Inc. on street performers.

The subject Interim Zoning Ordinance (“IZO”) includes proposed zoning changes supporting a variety of potential commercial uses within the Downtown. These changes

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focus on enabling certain outdoor uses and providing a streamlined review for alcohol permits based on recent discussions with prospective businesses considering available tenant space within the Promenade area. In summary, the following proposed zoning changes focus on the Third Street Promenade area 1) allowing greater flexibility for restaurants that provide entertainment within the Third Street Promenade Area District, 2) expanding Alcohol Exemption (AE) permits to additional uses to further streamline the review of alcohol permits while also correcting and refining existing AE permit conditions, 3) allowing the Director of Community Development or designee to consider commercial uses that are not clearly defined in the Zoning Code, 4) allowing a longer term for Temporary Use Permits, and 5) allowing outdoor rooftop commercial uses on public parking structures owned by the City:
▪ Restaurants with Entertainment. Allow greater flexibility for restaurants with entertainment located within the Third Street Promenade Area district by removing certain operational restrictions on ancillary entertainment before a discretionary Conditional Use Permit is required.
▪ Alcohol Exemptions. Expand uses that can obtain an Alcohol Exemption permit to further streamline the review of alcohol permits, establish operational conditions for these added uses, and correct and refine existing operational conditions for restaurants, bars/nightclub, general retail sales, and liquor stores that were approved by Council in October 2022.
▪ Land Use Flexibility. Establish greater land use flexibility by allowing the Director of Community Development or designee to consider land uses that are not clearly defined in the Zoning Code that are similar, consistent with, and no more disruptive than uses that are permitted or conditionally permitted within all Downtown Community Plan Districts.
▪ Temporary Use Permits. Extend the approval term of Temporary Use Permits from 45 days to 180 days (6-months), with the ability to administratively extend the permit an additional 180 days (6 months) with Director approval, subject to findings.
▪ Other Minor and Clerical Amendments related to Economic Recovery. Staff proposes a few other minor and clerical amendments that will correct Zoning

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Code inconsistencies. These include updating the bar/nightclub/lounge use from being subject to a Conditional Use Permit to a permitted use by-right, adding a limitation to ensure that both bar/nightclub/lounge and liquor store uses are permitted by-right in the Third Street Promenade Area district, provided they obtain an administrative Alcohol Exemption permit. Additionally, a clerical amendment to correct an inconsistency in parking requirement exclusion as part of the recently adopted Outdoor Space Program is proposed. ▪ Outdoor Commercial Uses. Allow certain outdoor commercial uses on the toplevel of public parking structures owned by the City, including cinemas, community assembly, community gardens, and small/large-scale commercial entertainment and recreation facilities. Such outdoor uses would be excluded as floor area and Floor Area Ratio requirements, and would not be subject to developer linkage or impact fees. For rooftop cinemas, allow additional height projections of supportive structures including cinema screens, concession stands, restroom and storage facilities, and similar structures to extend above the height of an existing City-owned parking structure.

Background
Economic Recovery Initiatives
On October 11, 2022, Council adopted an Ordinance amending the text of the City’s Zoning Ordinance related to economic recovery in commercial districts Citywide and in the area including and immediately adjacent to the Third Street Promenade. These zoning changes codified Emergency Interim Zoning Ordinances approved in response to the COVID-19 pandemic. Those amendments focused on relaxing barriers that had been shown to create unnecessarily difficult processes for simple changes of use inhibiting the establishment of common neighborhood-serving uses. As part of the amendments, the Third Street Promenade Area District was established and is described as the area bounded by 2nd Street to the west, Broadway to the south, 4th Street to the east, and Wilshire Boulevard to the north, as shown in Figure 1 below.

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Figure 1: Third Street Promenade Area District
Expanding Uses at City-Owned Parking Structures
In 2019, staff began discussions on the concept and feasibility of a rooftop cinema on the top level of Parking Structure 2 in the Downtown. Staff considered the displacement of approximately 79 parking spaces to accommodate the rooftop cinema and determined that the reduction in spaces would not be detrimental to the Downtown parking supply. Although structural feasibility remained in question due to the existing condition of Parking Structure 2, the applicant filed for a Conditional Use Permit to initiate the review procedure concurrent with ongoing discussions with staff. The outdoor cinema consisted of two screens and 480 seats. However, the application would later cease due to the pandemic commencing in March 2020. Downtown Santa Monica Inc., city staff, and the Rooftop Cinema Club have reengaged discussions on the concept, instead utilizing Parking Structure 6 that was constructed in 2016 with the anticipation that associated building permits would be more attainable. This IZO focuses on the land use and zoning regulation aspects of the potential project, including zoning amendments allowing the use and the height of its support structures on the roof-level of the parking structure to exceed district height requirements.

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Discussion
The subject Interim Zoning Ordinance reflects staff’s ongoing evaluation and simplification of zoning requirements to provide greater flexibility and streamlined review for new potential businesses within the Downtown area and specifically for the newly established Third Street Promenade Area District. Similar to the October 2022 zoning amendments, the proposed IZO continues the City’s ongoing efforts in supporting new and existing Santa Monica businesses following the pandemic. Below is a summary of the proposed interim zoning changes, with redline changes to the Zoning Ordinance text reflecting such amendments, provided in Attachment A.

Greater Flexibility for Restaurants with Entertainment:

The following proposed changes support restaurants located in the Third Street Promenade Area District that offer ancillary entertainment with greater operational flexibility before a discretionary Conditional Use Permit is required for the establishment.

1. Restaurants with Entertainment (9.31.290). Existing Section 9.31.290 allows restaurants to have an entertainment component such as music, DJs, dance, stand-up comedy, and poetry readings for the patrons’ enjoyment, provided that the establishment meets certain operational standards. Restaurants operating beyond the scope of the standards/limitations require a Conditional Use Permit.

Proposed Changes: Allow greater flexibility for restaurants with entertainment by simplifying and removing certain existing operational restrictions related to providing such entertainment. Changes include the following:
a. A dance floor area for patrons would be allowed provided that dancing is ancillary to the restaurant use and sit-down meal service is available for patrons at all times which dancing is taking place.
b. Size and number of televisions screen restrictions would be eliminated. c. Provision prohibiting pool tables, video games, bowling, darts, and similar entertainment activities would be eliminated.
d. Provision prohibiting liquor bottle service would be eliminated.

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e. Provision prohibiting organized queuing of patrons at the entry or checking of identification to control entry into and within the establishment, and any age limitation imposed restricting access to any portion of the restaurant would be eliminated.
f. Provision prohibiting the organization or participation of organized “pubcrawl” events would be eliminated. g. Restaurants would remain subject to the City’s Noise Ordinance, however would not be subject to requirements applicable to establishments with amplified music such as adding noise mitigating two-door vestibules and double-pane glass storefront improvements.

These changes are intended to provide new and existing restaurants with greater flexibility and options to provide ancillary entertainment thereby encouraging a more active nightlife presence within the district. Additional refinements to Alcohol Exemption permit operational conditions for restaurants and bars/nightclubs within the district are also proposed as discussed in the next section.

Alcohol Exemption [9.31.040(D)(2)]: Expanded Uses & Updated Operational Conditions The following proposed changes include expanding the types of uses that can obtain an Alcohol Exemption permit. Staff has received inquiries from prospective businesses proposing alcohol service in conjunction with the following permitted uses in the district.

Revisions also include establishing operational conditions for new uses and correcting/refining existing conditions for restaurants, bars/nightclubs, general retail sales, and liquor stores recently approved by Council.

Proposed Changes:

2. Expanded Uses: The following proposed uses would qualify for an Alcohol Exemption Permit instead of a Conditional Use Permit, thereby streamlining alcohol review. Ordinarily, these uses are not associated with alcohol-related issues. Specific operational conditions would be established for these uses:

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a. Outdoor Rooftop Commercial Uses including Cinemas, Community Assembly, and Small/Large-Scale Commercial Entertainment and Recreation Facilities located on the top-level of public parking structures owned by the City;
b. Cultural Facilities (museums, etc.);
c. Instructional Services (art studios, group lessons with wine offerings, etc.); d. Commercial Entertainment/Recreation: Small & Large-Scale Facilities; and e. Convenience Markets.

3. Corrected Operational Conditions: Specific operational conditions for each of the following uses that currently qualify for an Alcohol Exemption permit would be established to provide greater clarity, correcting inconsistencies with the applicability of operational conditions based on each use. No substantive changes to the conditions are proposed and the revised conditions will continue to provide flexibility for each business.
a. Restaurants (full service and limited service/take out); b. Bars/Nightclubs/Lounges;
c. Food Halls;
d. General Retail Sales (small and medium scale); and
e. Liquor Stores
Land Use Flexibility
As prospective tenants develop creative and unique business models particularly during this period of economic recovery, allowing the Director of Community Development or designee to consider uses that are not clearly defined in the Zoning Code that are similar, consistent with, and no more disturbing or disruptive than uses that are permitted or conditionally permitted within the Downtown Community Plan Districts would allow greater flexibility in encouraging new potential businesses to the Downtown.

Proposed Changes:

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4. Section 9.10.040 Land Use Regulations for downtown districts would be amended to include the Director of Community Development or designee with authority in considering uses that are similar, consistent with, and no more disturbing or disruptive than uses that are permitted or conditionally permitted within all Downtown Community Plan districts.

Temporary Use Permits (applicable to all commercial zoning districts Citywide) A range of zoning and land-use related changes were made throughout the Pandemic through emergency orders. Interim Zoning Ordinance 2724 which expired on June 30, 2023 included extending the permit timeframe for Temporary Use Permits from 45 days to 180 days (6-months). Extending the temporary use permit period up to 180 days provided flexibility for outdoor temporary uses supportive of economic recovery efforts and consistent with social distancing practices during the pandemic. Examples of prior temporary uses utilizing this provision during the Pandemic included outdoor drive-in theaters, pop-up outdoor retail events, and a dog park. In efforts to maintain Temporary Use Permit flexibility and based on the support this provision provided businesses during the pandemic, staff proposes to reestablish this provision.

Currently, Temporary Use Permits for uses permitted pursuant to SMMC 9.31.370(b) of more than 45 days require the approval of a Minor Use Permit.

Proposed Changes:

5. Term of Permit for Temporary Use Permits: For uses permitted pursuant to

9.31.370(b) of more than 45 days and not exceeding 180 days (6 months) would be permitted administratively and not require a Minor Use Permit. Subsequently, the Director may administratively approve a single extension of the permit and may amend the permit with additional operational conditions as deemed necessary provided that the operation of the approved temporary use at the location and within the time period specified operated in a manner that did not jeopardize, endanger, or otherwise constitute a menace to the public health, safety, or general welfare.

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Other Minor and Clerical Amendments related to Economic Recovery

6. Third Street Promenade Area District:

A. Correct Bar/Nightclub/Lounge from CUP to Limitation (26): As part of the Economic Recovery Zoning amendments adopted by Council in October 2022, bar/nightclub/lounge were authorized to obtain an Alcohol Exemption Permit opposed to a discretionary Conditional Use Permit as the intent was to streamline the review of such establishments. However, the CUP requirement in Land Use Table 9.10.040 was not revised accordingly to reflect this change as a permitted use in the district. Proposed Limitation (26) states that a bar/nightclub/lounge is a permitted use, subject to obtaining an Alcohol Exemption Permit, thereby correcting this inconsistency.

B. Add Limitation (26) to Liquor Stores: As part of the Economic Recovery Zoning amendments adopted by Council in October 2022, liquor stores were changed to a permitted use no longer requiring a Conditional Use Permit. To provide greater clarity and as discussed, the subject IZO includes alcohol exemption conditions for liquor stores. Similar to bar/nightclub/lounge establishments discussed above, proposed Limitation (26) states that a liquor store is a permitted use, subject to obtaining an Alcohol Exemption Permit, thereby correcting this inconsistency.

7. 9.28.040(A)(5) Parking Exclusions: As part of the Outdoor Space Program adopted by Council on March 14, 2023, the following strikethrough amendment regarding outdoor space being exempt from parking requirements was approved however has been inadvertently omitted by subsequent Ordinance 2742 (Housing Element Implementation Ordinance) which erroneously did not include this prior change in its Ordinance language and the language reverted back to the original text. This will be corrected as follows:

Outdoor dining and seating less than 200 square feet in size associated with restaurants. Outdoor dining areas and other outdoor space permitted

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pursuant to SMMC 9.31.199, Outdoor Commercial Uses on Private Property, and SMMC 9.31.200, Outdoor Dining and Seating on Sidewalks.

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Outdoor Commercial Uses:

The following proposed changes support the expansion of certain permitted uses within the Third Street Promenade Area District as outdoor commercial uses limited to the toplevel of public parking structures owned by the City and subject to City approval and executed via lease agreements:

8. Outdoor Commercial Uses. Currently, cinemas, community assembly, community gardens, and small/large-scale commercial entertainment and recreation facilities are not permitted in conjunction with the City’s public parking structures.

Proposed Changes: Allow certain outdoor commercial uses on the top-level of public parking structures owned by the City, including rooftop cinemas, community assembly, community gardens, and small/large-scale commercial entertainment and recreation facilities. Such outdoor uses would be excluded as floor area, exempt from Floor Area Ratio requirements, and would not be subject to developer linkage or impact fees pursuant to new proposed Section 9.10.050.

For rooftop cinemas, allow additional height projections above the finished parking surface level including cinema screens up to 25 feet and 15 feet for concession stands, restrooms facilities, storage structures, and shading structures to extend above the height of existing parking structures. 1200 Block of the Third Street Promenade: Future Evaluation as an Arts and Entertainment District
Although this IZO does not include changes specific to the 1200 block of the Third Street Promenade for arts and entertainment, the proposed amendments provide a more holistic approach for the Promenade area as a whole in providing greater entertainment flexibility by eliminating certain existing entertainment restrictions for new and existing restaurants. Additionally, changes include streamlining the alcohol review for cultural facilities such as interactive museums and instructional services such as art studios with group lessons. Staff believes these are simple revisions that provide a streamlined review path that will help attract these types of uses to the Promenade

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while staff continues to evaluate how specifically the 1200 block can evolve into an active arts and entertainment hub.

Future evaluation of the 1200 block as a potential arts and entertaining district will include engaging with a consultant to study how to connect people and activities using the sidewalks and public open space within the block. Staff is currently working with DTSM to identify a consultant and process to explore potential opportunities for additional uses of public space, including but not limited to additional restaurant seating/service area, while also maintaining key public art features and providing for public safety and emergency services access on the Third Street Promenade.

Conclusion
These interim changes reflect short and medium-term policy and procedural changes specific to the evolving economic vitality of the Promenade area. Simple changes would create fewer restrictions for restaurants with entertainment, and broaden the range of outdoor permitted uses, and further streamline alcohol permits for uses that ordinarily do not result in alcohol-related impacts. In coordination with DTSM and the City’s Economic Development staff, continued evaluation of zoning standards for the Promenade area is ongoing. Accordingly, the proposed IZO seeks to provide immediate zoning flexibility in response to feedback from businesses interested in leasing space within the Third Street Promenade Area.

Past Council Actions
Meeting Date Description
May 12, 2020 Council adopted two Emergency Interim Zoning Ordinances establishing interim zoning regulations to support the
economic recovery of local businesses impacted by the
COVID-19 pandemic.

November 10, 2020 Extended Emergency Interim Zoning Ordinances for both Citywide and Promenade, extended through December 31,
2022.

April 13, 2021 (“IZO
2667”), September 28,
2021 (“IZO 2682”),
and January 25, 2022
(“IZO 2690”)
Subsequent amendments to the “Promenade” IZO.

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October 11, 2022 and
October 25, 2022
Council adopted Ordinance 2726 (CCS) approving Zoning
Ordinance amendments for the Third Street Promenade
Area
January 24, 2023 Council held a discussion requesting that the City develop strategies to revitalize the Third Street Promenade.

Environmental Analysis
The proposed amendments establishing standards and requirements for outdoor space located on private property, amendments to existing Zoning Ordinance sections for consistency, and amendments codifying permit timeframe extensions established pursuant to Emergency Interim Zoning Ordinance Number 2698 (CCS) supporting economic recovery are categorically exempt from the provisions of the California Environmental Quality Act (CEQA) pursuant to Sections 15301, 15303, and 15304 of the CEQA Guidelines.
• Section 15301 of CEQA Guidelines provides (Class 1 Existing Facilities) exemption for the operation, repair, maintenance, permitting, or minor alteration of existing public or private structures, facilities, mechanical equipment or topographical features, involving negligible or no expansion of use beyond that existing at the time of the lead agency's determination. Projects that fall into this class of exemption include alterations to existing streets, sidewalks, gutter, bicycle facilities, and other similar facilities and additions of safety or health protection during for use in conjunction with existing facilities. The proposed amendments would allow alterations to private property for outdoor space use.

Therefore, the project falls into the Class 1 exemption. • Section 15303 of CEQA Guidelines provides (Class 3 New Construction or Conversion) exemption for the conversion of existing small structures from one use to another where only prior modifications are made to the exterior. The amendments would provide for new construction and/or conversion of outdoor space. Therefore, the project falls into the Class 3 exemption.

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• Section 15304 of CEQA Guidelines provides (Class 4 Minor Alterations to Land) exemption for minor public or private alterations in the condition of land, water, and or vegetation which do not involve removal of healthy, mature, scenic trees.

New outdoor space established as a result of the amendments would install amenities including landscaping and paving. Therefore, the project falls into the Class 4 exemption. In addition, none of the exceptions specified in Section 15300.2 of CEQA Guidelines would apply that would preclude the use of these CEQA exemptions - The project site is not located in a sensitive environment, the project will not have a significant effect on the environment due to unusual circumstances, the project would not damage scenic resources, the project would not be located on a hazardous waste site; and the project would not cause a change to a historical resource. Therefore, this project is categorically exempt per Sections 15301, 15303, and 15304 of the CEQA Guidelines.

Financial Impacts and Budget Actions
There is no immediate financial impact or budget action necessary as a result of recommended action. Staff will return to Council if specific budget actions are required in the future.

Prepared By: Steve Mizokami, Senior Planner
Approved Forwarded to Council
Attachments:

A. 2023.07.25 - Promenade IZO
B. Written Comments
C. PowerPoint Presentation

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1 City Council Meeting July 25, 2023 Santa Monica, California ORDINANCE NUMBER _________ (CCS)
(City Council Series)

AN INTERIM ZONING ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA TO: (1) PROMOTE ECONOMIC RECOVERY IN THE CITY’S

DOWNTOWN DISTRICTS, INCLUDING THE THIRD STREET PROMENADE AREA, AND (2) PROVIDE OTHER MINOR AND CLERICAL AMENDMENTS TO THE ZONING

ORDINANCE RELATED TO ECONOMIC RECOVERY
WHEREAS, on July 6, 2010, the City Council adopted the Land Use and Circulation Element of the City’s General Plan (“LUCE”), which designates the proposed general distribution, location and extend of land uses within the City; and WHEREAS, on July 25, 2017, the City Council of the City of Santa Monica (“City Council”) adopted the Downtown Community Plan (“DCP”) which sets forth the City’s vision of Downtown as a high quality, mixed-use district offering opportunities as a major public space framed by a mix of retail, restaurants, and services that form unique experiences enjoyable to both residents and visitors; and WHEREAS, the DCP supports activities that enrich the Promenade, including street performances and events that enliven the street and provide memorable experiences for visitors, while also seeking to expand cultural opportunities, including live music venues and upgraded state-of-the art cinemas; and WHEREAS, the DCP acknowledges that the Promenade is an essential component of the Downtown’s economic sustainability and emphasizes the importance of reevaluating and refreshing the Promenade so that it remains attractive and exciting to residents and visitors alike; and

10.B.a
Packet Pg. 1101 Attachment: 2023.07.25 - Promenade IZO [Revision 1] (5779 : Third Street Promenade Entertainment District Implementation (45 mins)) 2 WHEREAS, DCP Goal LU3 contemplates that the Downtown will continue to be the economic center for the City, providing a diverse and flexible mix of uses that can meet future resident, business and visitor demand; and
WHEREAS, on March 13, 2020, the City Manager, as the Director of Emergency Services (“Director of Emergency Services”), proclaimed the existence of a local emergency pursuant to Chapter 2.16 of the Santa Monica Municipal Code to ensure the availability of mutual aid and effectuate the City’s response to the novel coronavirus (“COVID-19”), and this local emergency was restated on March 14, 2020, through a revised declaration of local emergency to ensure compliance with all digital signature requirements (the “Executive Order”)’ and
WHEREAS, on March 16, 2020, the Director of Emergency Services issued a Third Supplement to the Executive Order, requiring the closure of a wide range of businesses including bars, nightclubs, on-premises restaurant service, movie theatres, live performance venues, gyms, fitness centers, spas, hair salons, massage parlors, and nail salons; and
WHEREAS, on March 19, 2020, California Governor Gavin Newsom issued Executive Order N-33-20 directing all residents of the State of California to heed directives issued by the State Health Officer on the same date instructing all Californians to stay home except as needed to maintain continuity of operations of the federal critical infrastructure sectors; and
WHEREAS, on March 19, 2020, the Los Angeles County Department of Public Health issued an enhanced Health Officer Order, the Safer at Home Order for Control of

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Packet Pg. 1102 Attachment: 2023.07.25 - Promenade IZO [Revision 1] (5779 : Third Street Promenade Entertainment District Implementation (45 mins)) 3 COVID-19, amending and superseding its earlier March 16, 2020 Order, closing all nonessential businesses, and limiting gatherings to 9 people or less; and WHERAS, after March 19, 2020, the Los Angeles Department of Public Health, on multiple occasions, amended and modified its Health Officer Order, recognizing the issues posed by community transmission of COVID-19 in Los Angeles County, and, in response, maintaining public health measures that have, at differing times, included strict limitations on public gatherings, required closures of certain businesses, and strict limitations and protocols for the operations of businesses permitted to remain open; and WHEREAS, as of March 31, 2023, the local, state, and federal COVID-19 emergency declarations have concluded; and
WHEREAS, although the emergency orders have been lifted, the economic impacts of the COVID-19 closures of, and limitations on, businesses have been and continue to be devastating to the local Santa Monica economy; and the Downtown area is continuing to experience economic uncertainty; and
WHEREAS, as the commercial and economic landscape evolves, Downtown’s economic recovery and competitive advantage will depend on its ability to deliver on a diverse range of unique dining, retail, and entertainment uses; and WHEREAS, as restaurant and entertainment environments across the region and county continue to evolve, there is a need to adjust allowed uses and dining and entertainment options to enable economic recovery and provide increased flexibility to minimize vacancies on the Third Street Promenade and the Downtown areas; and

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Packet Pg. 1103 Attachment: 2023.07.25 - Promenade IZO [Revision 1] (5779 : Third Street Promenade Entertainment District Implementation (45 mins)) 4 WHEREAS, the City has an important governmental interest in maintaining a thriving business community and protecting the health, safety, and economic welfare of its citizens and businesses; and
WHEREAS, vacancy rates, in addition to economic impacts that threaten the health, safety, and economic welfare of its citizens and businesses, may lead to public safety impacts, including, but not limited to, increased calls for emergency services, and WHEREAS, on October 25, 2022, City Council adopted an Ordinance amending the text of the City’s Zoning Ordinance related to economic recovery in commercial districts Citywide and in the area including and immediately adjacent to the Third Street Promenade; and
WHEREAS, these zoning changes codified Emergency Interim Zoning Ordinances approved in response to the COVID-19 pandemic and focused on relaxing barriers that had been shown to create unnecessarily difficult processes for simple changes of use inhibiting the establishing of common neighborhood-servicing uses; and WHEREAS, on January 24, 2023, City Council held a discussion session requesting that the City develop strategies to revitalize the Third Street Promenade that included, but were not limited to, establishing an arts and entertainment district in the 1200 block of the Third Street Promenade, expanding outdoor dining opportunities, promoting available space and development opportunities, Zoning Ordinance amendments to expand allowable uses, and opportunities to partner with Downtown Santa Monica, Inc. on street performances; and
WHEREAS, this proposed Interim Zoning Ordinance includes zoning changes supporting a variety of potential commercial uses within Downtown; and

10.B.a
Packet Pg. 1104 Attachment: 2023.07.25 - Promenade IZO [Revision 1] (5779 : Third Street Promenade Entertainment District Implementation (45 mins)) 5 WHEREAS, these changes focus on enabling additional outdoor uses and providing streamlined review for alcohol permits based on recent discussions with prospective businesses considering available tenant space within the Promenade areas; and
WHEREAS, pre-COVID-19, the City began discussions on the concept and feasibility of a utilizing the top levels of City-owned parking structures in the Downtown area for new uses, including a rooftop cinema, but such discussions ceased due to the pandemic commencing in March 2020; and
WHEREAS, as a part of the City’s economic recovery measures post-COVID-19, Downtown Santa Monica, Inc., City staff, and a potential rooftop cinema operator have reengaged discussions on the concept;
WHEREAS, these public parking structures are the most appropriate locations to allow for certain uses, including the proposed rooftop cinema, due to their locations, structural capacity, and size; and
WHEREAS, allowing eligible businesses the flexibility to engage in new uses will facilitate business recovery and generate increased sales tax revenue for the City; and WHEREAS, due to the continued economic uncertainty arising out of the COVID19 pandemic, and the high vacancy rate along the Promenade in the Downtown area, the City Council desires to adopt the proposed interim zoning changes, which: (1) provide greater flexibility for restaurants that provide entertainment within the Third Street Promenade Area District; (2) expand Alcohol Exemption (AE) permits to additional uses to further streamline the review of alcohol permits while also correcting and refining existing AE permit condition; (3) enable the Director of Planning to consider commercial

10.B.a
Packet Pg. 1105 Attachment: 2023.07.25 - Promenade IZO [Revision 1] (5779 : Third Street Promenade Entertainment District Implementation (45 mins)) 6 uses that are not clearly defined in the Zoning Code; (4) extend terms for Temporary Use Permits; and (5) allow outdoor rooftop commercial uses on public parking structures owned by the City; and
WHEREAS, the proposed interim zoning regulations support local business retention and promote new business opportunities within the Downtown, addressing the needs of the business community and residents and supporting small businesses by simplifying land use standards and streamlining review procedures; and WHEREAS, the City Council finds and declares that a current and immediate threat to the public health, safety, and general welfare exists due to the devastating impact the COVID-19-mandated closures and limitations have had on the local economy, including, but not limited to, the high vacancy rate in the Third Street Promenade Area, and the approval of additional subdivisions, use permits, variances, building permits or any other applicable entitlement for use which is required in order to comply with the current regulations would result in a threat to public health, safety, and welfare.

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

SECTION 1. Interim Zoning Regulations. (A) Notwithstanding any provisions of Santa Monica Municipal Code Section 9.04.080 to the contrary, the following regulations related to Determining Floor Area shall apply:

9.04.080 Determining Floor Area
A. Excluded from Floor Area. Floor area does not include:

1. Stairways and stairwells;

2. Elevators, elevator equipment rooms, and elevator shafts;

10.B.a
Packet Pg. 1106 Attachment: 2023.07.25 - Promenade IZO [Revision 1] (5779 : Third Street Promenade Entertainment District Implementation (45 mins)) 7 3. Ramps to a subterranean or semi-subterranean parking structure or ramps between floors of a parking structure provided the ramp does not accommodate parking;

4. Loading spaces and docks used exclusively for loading and unloading as required by Section 9.28.080;

5. Unenclosed decks, balconies, porches, and platforms not used for commercial or restaurant activity;

6. In the Third Street Promenade Area, unenclosed rooftop areas used for commercial or restaurant activity (“unenclosed rooftop areas”), subject to the following specific standards:
a. Unenclosed rooftop areas shall be surrounded by a barrier not to exceed 42 inches in height with an allowable transparent barrier not to exceed 42 inches in height. The barrier shall be permanently affixed to the rooftop; b. Unenclosed rooftop areas, including barrier, shall be set back a minimum five feet from the edges of the building;
c. Portable restrooms, storage sheds, or other similar temporary structures shall not be permitted on the rooftop;
d. Rooftop features such as sunshades, trellises, or canopies shall not exceed 10 feet in height with a maximum aggregate coverage of 50% of the unenclosed rooftop area;
e. Unenclosed rooftop areas shall not be accessible to the public outside of their normal business operating hours.

10.B.a
Packet Pg. 1107 Attachment: 2023.07.25 - Promenade IZO [Revision 1] (5779 : Third Street Promenade Entertainment District Implementation (45 mins)) 8 7. Covered and uncovered courtyards, arcades, atria, paseos, walkways, and corridors located at or near the street level and are accessible to the general public provided they are not used as sales, display, storage, service, or production areas;

8. Parking areas located below finished grade or finished floor of habitable space where the vertical distance between finished grade and finished floor is 5 feet or less;

9. Semi-subterranean parking areas that meet the following criteria:
a. The parking area is located below finished grade along a minimum of one street frontage,
b. The portions of the parking area located above finished grade are a result of the site’s slope and cannot feasibly be fully subterranean due to geological or physical site constraints, and
c. The facades of any of the visible portions of the parking area located above finished grade are appropriately treated and landscaped;

10. Mechanical equipment rooms, electrical rooms, telecommunication equipment rooms, and similar space located below grade

11. Enclosures constructed pursuant to Section 9.31.060, Automobile Repair, Major and Minor, for outdoor hoists in existence on the adoption of Ordinance Number 1452 (CCS);

12. Attics;

13. Accessory dwelling units and junior accessory dwelling units established in accordance with Section 9.31.025;

10.B.a
Packet Pg. 1108 Attachment: 2023.07.25 - Promenade IZO [Revision 1] (5779 : Third Street Promenade Entertainment District Implementation (45 mins)) 9 14. Commercial outdoor space permitted pursuant to SMMC 9.31.199, Outdoor Commercial Uses on Private Property, and SMMC 9.31.200, Outdoor Dining and Seating on Sidewalks, shall be excluded from floor area.

15. In the Third Street Promenade Area, any unenclosed rooftop parking areas on City-Owned Parking Structures as set forth in Section 9.10.050(a). (B) Notwithstanding any provisions of Santa Monica Municipal Code Section 9.04.090 to the contrary, the following regulations related to Determining Floor Area Ratio shall apply:

9.04.090 Determining Floor Area Ratio
Floor Area Ratio (FAR) is the ratio of the floor area, excluding the areas described below, of all principal and accessory buildings on a site to the site area. To calculate FAR, floor area is divided by site area, and typically expressed as a decimal. For example, if the floor area of all buildings on a site totals 20,000 square feet, and the site area is 10,000 square feet, the FAR is expressed as 2.0. For parcels containing one or more zoning designations, only that portion zoned for commercial or industrial use shall be used as parcel area when calculating floor area ratio.

A. Floor Area Ratio Exclusions

1. Floor area devoted to basements;

2. Unenclosed decks, balconies, porches, outdoor dining areas permitted pursuant to Section 9.31.200, Outdoor Dining and Seating on Sidewalks, provided the dining areas have not more than a 42-inch high barrier surrounding the dining area and is visible from the public right-of-way, and other open spaces, and outdoor space permitted pursuant to Section 9.31.199, Outdoor Commercial Uses on Private Property.

10.B.a
Packet Pg. 1109 Attachment: 2023.07.25 - Promenade IZO [Revision 1] (5779 : Third Street Promenade Entertainment District Implementation (45 mins)) 10 3. In the Third Street Promenade Area, any unenclosed rooftop parking areas on City-Owned Parking Structures that are converted to outdoor rooftop commercial use in accordance with SMMC 9.10.050(a).
(C) Notwithstanding any provisions of Santa Monica Municipal Code Section 9.10.040 to the contrary, the following land use regulations shall apply in the Downtown Districts:

SMMC § 9.10.040 Land Use Regulation
Table 9.10.040 prescribes the land use regulations for Downtown Districts. The regulations for each district are established by letter designations below. These designations apply strictly to the permissibility of land uses; applications for buildings or structures may require discretionary review.
“P” designates permitted uses. Uses not listed in Table 9.10.040 may be permitted upon a determination by the Director, or designee, that the use is similar to, and not more intrusive or disruptive than, uses permitted in the District. Factors to be considered in making this determination shall include, but are not limited to, maximum parking requirements, operational characteristics, and prior determinations on similar 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. Uses not listed in Table 9.10.040 may be permitted after review and approval of a Minor Use Permit upon a determination by the Director, or designee, that the use is similar to, and not more intrusive or disruptive than, a use that requires an MUP in the District. Factors to be considered in making this determination shall include, but are not limited to, maximum parking requirements, operational characteristics, and prior

10.B.a
Packet Pg. 1110 Attachment: 2023.07.25 - Promenade IZO [Revision 1] (5779 : Third Street Promenade Entertainment District Implementation (45 mins)) 11 determinations on similar uses.
“CUP” designates use classifications that are permitted after review and approval of a Conditional Use Permit. Uses not listed in Table 9.10.040 may be permitted after review and approval of a Conditional Use Permit upon a determination by the Director, or designee, that the use is similar to, and not more intrusive or disruptive than, a use that requires a CUP in the District. Factors to be considered in making this determination shall include, but are not limited to, maximum parking requirements, operational characteristics, and prior determinations on similar uses. “—” designates uses that are not permitted.

Land uses are defined in Chapter 9.51 (“Use Classifications”) of Article 9 of the Santa Monica Municipal Code (“Zoning Ordinance”). Use classifications and sub-classifications not listed in the table are prohibited. Accessory uses are permissible when they are determined by the Zoning Administrator to be necessary and customarily associated with and appropriate, incidental, and subordinate to, the principal uses and which are consistent and not more disturbing or disruptive than Ppermitted uses. The table also notes additional use regulations that apply to various uses. Section numbers in the righthand column refer to other Sections of this Ordinance. .

Use Classification LT NV
BC (Third
Street
Promenade
Area)
BC
(Excluding
Third
Street
Promenade
Area) TA OT WT
Additional
Regulations
Residential Uses
Residential Housing Types See sub-classifications below.

Accessory Dwelling Unit P P P P P P P
Section 9.31.025
Accessory
Dwelling Units
and Junior
Accessory
Dwelling Units

10.B.a
Packet Pg. 1111 Attachment: 2023.07.25 - Promenade IZO [Revision 1] (5779 : Third Street Promenade Entertainment District Implementation (45 mins)) 12 .

Use Classification LT NV
BC (Third
Street
Promenade
Area)
BC
(Excluding
Third
Street
Promenade
Area) TA OT WT
Additional
Regulations
Junior Accessory Dwelling
Unit P P P P P P P
Section 9.31.025
Accessory
Dwelling Units
and Junior
Accessory
Dwelling Units
Multiple-Unit Dwelling P P L(1) L(1) P P P
Section 9.31.195,
Multiple-Unit
Dwelling Projects
Senior Citizen Multiple-Unit
Residential P P L(1) L(1) P P L(1)
Section 9.31.195,
Multiple-Unit
Dwelling Projects
Single-Room Occupancy
Housing L(1) L(3) L(1) L(1) L(1) L(1) L(1)
Section 9.31.330,
Single Room
Occupancy
Structures
Group Residential MUP MUP,
L(3) MUP, L(1) MUP, L(1) MUP MUP MUP
Congregate Housing P MUP,
L(3) L(1) CUP, L(1) MUP MUP MUP
Section 9.31.110,
Congregate and
Transitional
Housing
Senior Group Residential P MUP,
L(3) MUP, L(1) MUP, L(1) MUP, L(1)
MUP,
L(1)
MUP,
L(1)
Section 9.31.310,
Senior Group
Residential
Elderly and Long-Term
Care P L(3) L(1) L(1) L(1) L(1) L(1)
Emergency Shelters L(6)/CUP L(6)/
CUP CUP/L(1) L(1), L(6)/CUP
L(6)/
CUP
L(6)/
CUP
L(6)/
CUP
Section 9.31.130,
Emergency
Shelters
Family Day Care See sub-classifications below.

Large L(1) L(3) L(1) L(1) L(1) L(1) L(1)
Section 9.31.140,
Family Day Care,
Large
Small L(1) L(3) L(1) L(1) L(1) L(1) L(1)
Residential Facilities See sub-classifications below.

Residential Care, General P L(3) L(1) L(1) P L(1) L(1) Section 9.31.270, Residential Care
Facilities
Residential Care, Limited P L(3) L(1) L(1) P L(1) L(1)
Residential Care, Senior P L(3) L(1) L(1) P L(1) L(1)
Hospice, General P L(3) L(1) L(1) P L(1) L(1)
Hospice, Limited P L(3) L(1) L(1) P L(1) L(1)
Supportive Housing P L(3) L(1) L(1) L(1) L(1) L(1)
Transitional Housing P L(3) L(1) L(1) L(1) L(1) L(1)
Section 9.31.11,
Congregate and
Transitional
Housing
Public and Semi-Public Uses
Adult Day Care L(1) L(3) L(1) L(1) L(1) L(1) L(1)
Child Care and Early
Education Facilities P P P P P P P
Section 9.31.120,
Child Care and
Early Education
Facilities
Colleges and Trade Schools,
Public or Private CUP L(1) L(1) L(1) L(1) L(1) L(1)
Community Assembly L(7)/CUP CUP L(15),
L(25) P CUP L(1) L(7)/ CUP

10.B.a
Packet Pg. 1112 Attachment: 2023.07.25 - Promenade IZO [Revision 1] (5779 : Third Street Promenade Entertainment District Implementation (45 mins)) 13 .

Use Classification LT NV
BC (Third
Street
Promenade
Area)
BC
(Excluding
Third
Street
Promenade
Area) TA OT WT
Additional
Regulations
Community Gardens P P L(25) - P P P P
Cultural Facilities P P P P P P P
Hospitals and Clinics P P L(1) L(1) P - P
Park and Recreation Facilities,
Public P P P P P P P
Public Safety Facilities P P P P P P P
Schools, Public or Private CUP L(3) L(1) P P - CUP
Social Service Centers P P - P P P P
Section 9.31.350,
Social Service
Centers
Commercial Uses
Animal Care, Sales, and
Services See sub-classifications below.

Grooming and Pet Stores L(5)/CUP L(5)/CU
P P L(5)/CUP L(5)/ CUP
L(5)/
CUP
L(5)/
CUP
No more than 10
dogs or cats can
be kept overnight
Pet Day Care Services MUP MUP - MUP MUP MUP MUP
Veterinary Services MUP MUP - MUP MUP - MUP
Automobile/Vehicle Sales and
Service See sub-classifications below.

Alternative Fuels and
Recharging Facilities
CUP/
L(19)
CUP/
L(19) - - CUP/ L(19) - -
Automobile Rental L(10) L(10) L(10) L(10) L(10) L(10) L(10) Automobile Storage Use - - - - - - -
New Automobile/Vehicle
Sales and Leasing
L(8),
L(5)/CUP
L(8),
L(5)/CUP
L(8),
L(5)/CUP
L(8),
L(5)/CUP
L(8),
L(5)/
CUP
- -
Additions 7,500 sq ft or
less to Automobile/
Vehicle Sales and
Leasing buildings
existing as of 7/06/2010
L(20)/
MUP
- - - - - -
Section 9.31.070
Automobile/Vehi
cle Sales,
Leasing, and
Storage
Additions larger than
7,500 sq ft to
Automobile/Vehicle Sales
and Leasing buildings
existing as of 7/06/2010
L(20)/
CUP
- - - - - -
Automobile/Vehicle Repair,
Major
L(19) - - - - - -
Automobile/Vehicle Service
and Repair, Minor
L(19) - - - - - -
Automobile/Vehicle
Washing
L(19) - - - - - -
Service Station L(19) L(19) - - L(19) - -
Towing and Impound - - - - - - -
Banks and Financial
Institutions
See sub-classifications below.

Banks and Credit Unions L(4)/CUP L(3),
L(5)/CUP
- - L(4)/
CUP
L(4)/
CUP
L(4)/
CUP
Check Cashing Businesses - - - - - - -
Business Services L(5)/CUP L(5)/CUP L(15) L(5)/CUP L(5)/ CUP
L(5)/
CUP
L(5)/
CUP
Commercial Entertainment and
Recreation See sub-classifications below.

Cinemas & Theaters, up to
99 seats
- CUP L(24)P P P - -

10.B.a
Packet Pg. 1113 Attachment: 2023.07.25 - Promenade IZO [Revision 1] (5779 : Third Street Promenade Entertainment District Implementation (45 mins)) 14 .

Use Classification LT NV
BC (Third
Street
Promenade
Area)
BC
(Excluding
Third
Street
Promenade
Area) TA OT WT
Additional
Regulations
Cinemas & Theaters, more
than 99 seats
- - L(24)P CUP CUP - -
Convention and Conference
Centers

CUP CUP P CUP CUP CUP CUP
Large-Scale Facility L(21)/
CUP
L(21)/
CUP
L(21)/CUP
, L(25)
L(21)/ CUP L(21)/
CUP
L(21)/
CUP
-
Small-Scale Facility L(5)/CUP L(5)/CUP L(5)/CUP,
L(25)
L(5)/CUP L(5)/
CUP
L(5)/
CUP
L(5)/
CUP
Section 9.31.340
Small Scale
Facility
Fortunetelling P P P P P P P
Eating and Drinking
Establishments See sub-classifications below.

Bars/Nightclubs/Lounges CUP CUP L(26)CUP CUP CUP CUP(10 )
-
Restaurants, Full-Service,
Limited Service & Take-Out
(2,500 sq ft and smaller,
including Outdoor Dining
and Seating)
P P L(22) P P P P Section 9.31.040,
Alcoholic
Beverage Sales
Restaurants, Full-Service,
Limited Service & Take-Out
(2,501 – 5,000 sq ft,
including Outdoor Dining
and Seating)
P P L(22) P P P P Section 9.31.280,
Restaurants,
Limited Service,
and Take-Out
Only
Restaurants, Full-Service,
Limited Service & Take-Out
(greater than 5,000 sq ft,
including Outdoor Dining
and Seating)
CUP P L(22) P P P CUP Section 9.31.200,
Outdoor Dining
and Seating
Food Hall (up to 175 seats) CUP CUP P CUP CUP CUP CUP
Equipment Rental - - - - L(5)/
CUP
- -
Food and Beverage Sales See sub-classifications below.

Convenience Market CUP L(5)/CUP L(5)/CUP L(5)/CUP L(5)/ CUP
L(5)/
CUP
- Section 9.31.040,
Alcoholic
Beverage Sales
Farmer’s Market CUP P P P P P P
General Market L(12)/
CUP
L(12)/
CUP
L(12)/
CUP
L(12)/ CUP L(12)/
CUP
L(12)/
CUP
L(12)
/ CUP
Section 9.31.040,
Alcoholic
Beverage Sales Liquor Stores CUP CUP L(26)P CUP CUP CUP - Funeral Parlors and Mortuaries CUP - - - - - -
Instructional Services L(5)/CUP L(3),
L(5)/CUP
L(1),
L(5)/CUP
L(5)/CUP L(5)/
CUP
L(1),
L(5)/
CUP
L(1),
L(5)/
CUP
Live-Work L(13) L(3)(13) L(1)(13) L(13) L(13) L(1)(13
)
L(13) Section 9.31.170,
Live-Work Units
Lodging See sub-classifications below.

Bed and Breakfast MUP MUP P MUP MUP MUP MUP Section 9.31.090, Bed and
Breakfasts
Hotels and Motels CUP CUP P CUP CUP CUP CUP,
L(19)
Maintenance and Repair
Services
L(5)/CUP - - - - - -

10.B.a
Packet Pg. 1114 Attachment: 2023.07.25 - Promenade IZO [Revision 1] (5779 : Third Street Promenade Entertainment District Implementation (45 mins)) 15 .

Use Classification LT NV
BC (Third
Street
Promenade
Area)
BC
(Excluding
Third
Street
Promenade
Area) TA OT WT
Additional
Regulations
Nurseries and Garden Centers L(5)/CUP L(5)/CUP - L(5)/CUP L(5)/ CUP
- L(5)/
CUP
Section 9.31.220,
Outdoor Retail
Display and Sales
Offices See sub-classifications below.

Business and Professional L(14)/
CUP
L(3),
L(5)/CUP
L(1) L(1) L(3),
L(5)/
CUP
L(1) L(1)
Creative L(14)/
CUP
L(3),
L(5)/CUP
L(1) L(1) L(3),
L(5)/
CUP
L(1) L(1)
Medical and Dental L(14)/
CUP
L(3),
L(5)/CUP
P L(1) L(3),
L(5)/
CUP
L(1) L(1)
Walk-In Clientele L(14)/
CUP
L(3),
L(5)/CUP
L(1) L(5)/CUP L(3),
L(5)/
CUP
L(5)/
CUP
L(5)/
CUP
Outdoor Newsstands MUP MUP MUP MUP MUP MUP MUP Section 9.31.210, Outdoor
Newsstands
Parking, Public or Private CUP CUP - CUP CUP,
L(11)
- CUP
Personal Services See sub-classifications below.

General Personal Services L(5)/CUP L(5)/CUP P L(5)/CUP L(5)/ CUP
- L(5)/
CUP
Section 9.31.230,
Personal Service
Physical Training L(17),
L(5)/CUP
L(17),
L(5)/CUP
L(17),
L(21)/CU
P
L(17),
L(5)/CUP
L(17),
L(5)/
CUP
L(17),
L(5)/
CUP
L(17),
L(5)/
CUP
Tattoo or Body Modification
Parlor
MUP MUP P MUP MUP MUP - Section 9.31.230,
Personal Service
Retail Sales See sub-classifications below.

Building Materials Sales
and Services
P - - - - - - Section 9.31.220,
Outdoor Retail
General Retail Sales, Small Display and Sales -
Scale
L(5)/CUP L(5)/CUP P L(5)/CUP L(5)/
CUP
L(5)/
CUP
L(5)/
CUP
General Retail Sales,
Medium-Scale

CUP CUP P CUP CUP - CUP
General Retail Sales, LargeScale- - - - - - -
Medical Marijuana
Dispensaries
CUP - - - - - - Section 9.31.185,
Medical
Marijuana
Dispensaries
Pawn Shops - - - - - - -
Swap Meets - - - - - - -
Industrial Uses
Artist’s Studio P P L(2) L(1) P P P
Commercial Kitchens - - - CUP - -
Industry, Limited - - L(2),
L(23)
- - - -
Media Production See sub-classifications below.

Support Facilities L(14)/
CUP
L(3),
L(5)/CUP
L(1) L(1) L(3),
L(5)/
CUP
L(1) L(1)
Transportation, Communication, and Utilities Uses
Bus/Rail Passenger Stations P P P P P - P

10.B.a
Packet Pg. 1115 Attachment: 2023.07.25 - Promenade IZO [Revision 1] (5779 : Third Street Promenade Entertainment District Implementation (45 mins)) 16 .

Use Classification LT NV
BC (Third
Street
Promenade
Area)
BC
(Excluding
Third
Street
Promenade
Area) TA OT WT
Additional
Regulations
City Bike Share Facility P P P P P P P
Communication Facilities See sub-classifications below.

Antennas and Transmission
Towers
- - - - - - -
Equipment within Buildings - - - - - - -
Light Fleet-Based Services - - - - MUP - -
Utilities, Major L(18) - - - - - -
Utilities, Minor P P P P P P P
Specific Limitations:
(1) Limited to upper floors, and on the ground floor where the entire tenant space shall be located at least 25 feet from the front property line, except for residential units shall be limited to upper floors only. (2) A minimum depth of 25 feet from the front parcel line adjacent to a street for the entire ground-floor street frontage shall be designed to accommodate interactive uses. For purposes of this limitation, interactive uses shall be commercial uses with an interactive element, including, but not limited to, retail sales, exhibitions, displays, demonstrations, or instruction. (3) Between 4th and 7th Court, permitted in mid-block parcels on the ground floor and upper floors. On all other parcels, permitted anywhere on the ground floor if the space has street frontage and was occupied by office on, or is vacant but was occupied by office in the 12 months preceding, the date this Ordinance is effective; otherwise, permitted on upper floors and on the ground floor where the entire tenant space including the primary entry is located at least 50 feet from the front property line. (4) Permitted except no ground floor tenant space shall exceed 20 linear feet of ground floor street frontage without a Conditional Use Permit.
(5) Permitted if within buildings existing as of the date the ordinance codified in this Chapter is effective. Permitted in new buildings, except:
(a) No individual ground floor tenant space shall occupy more than 7,500 square feet of floor area and/or exceed 50 linear feet of ground floor street frontage without a Conditional Use Permit. (b) Ground floor tenant spaces in the Santa Monica Place are not subject to size limitations. (6) Limited to shelters containing less than 55 beds; Conditional Use Permit required for emergency shelters with 55 or more beds. (7) Any community assembly facility abutting a residential district shall require approval of a Conditional Use Permit. (8) Limited to automobile/vehicle dealer showrooms only which must display one alternative fuel automobile/vehicle if such an automobile/vehicle is available in the dealer’s fleet, and limited to six showrooms in the Third Street Promenade Area. (9) (Reserved)
(10) Permitted as an ancillary use to support a primary use. (11) Limited to public parking facilities only.
(12) General markets greater than 15,000 square feet require approval of a Conditional Use Permit, except general markets in the MixedUse Boulevard district greater than 25,000 square feet require approval of a Conditional Use Permit. (13) If the commercial use requires a MUP or CUP, an application shall be required in accordance with SMMC, Chapter 9.41. Even if the commercial use would otherwise be permitted, no such use shall be approved where, given the design or proposed design of the livework unit, there would be the potential for adverse health impacts from the proposed use on the people residing in the unit. An example of a potential health impact is the potential for food contamination from users that generate airborne particulates in a unit with an unenclosed kitchen.
(14) All new construction requires approval of a Conditional Use Permit or permitted if within buildings existing as of the date the ordinance codified in this Chapter is effective, except:
(a) New additions of 50% or more additional square footage to an existing building at any one time, or incrementally, after the effective date of the ordinance codified in this Chapter, requires approval of a Conditional Use Permit. (b) No ground floor, street-fronting, non-office or non-media production support facility use, non-medical or non-dental office use tenant space shall be changed into an individual office use or a media production support facility use, or individual medical or dental office use occupying more than 7,500 square feet of floor area and/or exceeding 50 linear feet of street frontage without the approval of a Conditional Use Permit.
(15) Limited to the ground floor with frontage along 2nd Court and 3rd Court alleys or to upper floors. (16) Limited to public parking facilities only.
(17) Youth-serving personal services, physical training requires review and approval of passenger loading and drop-off plan by the Director.
(18) Limited to electric distribution substations.

10.B.a
Packet Pg. 1116 Attachment: 2023.07.25 - Promenade IZO [Revision 1] (5779 : Third Street Promenade Entertainment District Implementation (45 mins)) 17 .

Use Classification LT NV
BC (Third
Street
Promenade
Area)
BC
(Excluding
Third
Street
Promenade
Area) TA OT WT
Additional
Regulations
(19) Limited to legally established existing uses as of the date this Specific Plan is effective. (20) Auto dealerships existing as of July 6, 2010 are considered permitted uses. Expansions to existing dealerships conforming to the urban auto dealership format standards in Section 9.31.070, Automobile/Vehicle Sales, Leasing and Storage are permitted. Expansions to existing dealerships of 7,500 square feet or less that do not conform to the urban auto dealership format standards shall require an MUP. Expansions to existing dealerships larger than 7,500 square feet that do not conform to the urban auto dealership formal standards shall require a CUP.
(21) No individual Fitness Center tenant space shall exceed 100 linear feet of ground floor street frontage without the approval of a Conditional Use Permit.
(22) Restaurant, Limited-Service and Take-Out establishments with frontage on the Third Street Promenade and the following characteristics shall be prohibited:
(a) More than 150 locations nationwide at the time that the application for the establishment is deemed complete by the City; and (b) Characteristics, including but not limited to, orders placed at a walk-up window, counter, or machine; payment prior to food consumption; and food served with disposable, one-time, or limited-use wrapping, containers, or utensils. (23) Excludes commercial laundries and dry cleaning plants, monument works, medicinal cannabis, and medicinal cannabis products. (24) Permitted use. Additionally, outdoor rooftop cinemas/theaters are permitted, limited only to the rooftops on City-owned parking structures.
(25) Permitted as an outdoor use limited only to the rooftops on City-owned parking structures. (26) Permitted, subject to obtaining an Alcohol Exemption pursuant to SMMC 9.31.040(D)(2). If no Alcohol Exemption is obtained, a Conditional Use Permit is required.
(D) Notwithstanding any provisions of Santa Monica Municipal Code to the contrary, the following regulations set forth in Section 9.10.050 related to Outdoor Rooftop Uses on City-Owned Parking Structures shall apply:

9.10.050 Outdoor Rooftop Commercial Uses on City-Owned Parking Structures Any proposed conversion of parking area to accommodate an outdoor rooftop commercial use on the top-level of an existing City-Owned parking structure within the Third Street Promenade Area District shall be subject to the following:

A. Excluded as Floor Area and from Floor Area Ratio. Any unenclosed rooftop parking areas on City-Owned Parking Structures that are converted to and utilized as outdoor rooftop commercial space as permitted in the district, including any new enclosed structures supportive of such permitted uses erected within the converted parking area including but not limited to, temporary or permanent restroom facilities, concession

10.B.a
Packet Pg. 1117 Attachment: 2023.07.25 - Promenade IZO [Revision 1] (5779 : Third Street Promenade Entertainment District Implementation (45 mins)) 18 stands, and storage structures, shall be excluded from floor area and floor area ratio requirements.

B. Allowable Height Projections. Maximum height projections as measured from the finished parking surface level, including any deck-leveling surfaces as required, shall be allowed as set forth in Section 9.21.060(A).

C. Applicability Certain Land Use and Zoning Related Provisions.

Notwithstanding anything to the contrary in Chapters 9.65, Child Care Linkage Program,

9.66, Transportation Impact Fee Program, 9.67, Parks and Recreation Development Impact Fee Program, and 9.68, Affordable Housing Commercial Linkage Fee Program, for purposes of determining applicability, conversion of rooftop parking area on Cityowned parking structures to outdoor rooftop commercial use shall not be considered a “Project” and shall not be subject to associated impact fees. (E) Notwithstanding any provisions of Santa Monica Municipal Code Section 9.21.060 to the contrary, the following regulations related to Height Projections shall apply:

9.21.060 Height Projections
No structure shall project above the height limits established in this Article except as specified in this Section.

A. Building-Mounted and Attached Structures. Table 9.21.060 establishes the maximum permitted projection(s) above the height limit of a building and into the daylight plane for structures that are typically mounted or attached to a building. These projections are by right, with no discretionary permit required. Table 9.21.060 also establishes limitations in the horizontal coverage of permitted projections. Some allowances apply in all Zoning Districts while others are limited to specified Zoning Districts. In the Single-Unit

10.B.a
Packet Pg. 1118 Attachment: 2023.07.25 - Promenade IZO [Revision 1] (5779 : Third Street Promenade Entertainment District Implementation (45 mins)) 19 Residential (R1) District, allowed height projections into the minimum side stepback areas above 23 feet shall be permitted. None of these projections shall permit occupiable space above the height limit. The total aggregate coverage of projections shall not exceed 30% of a roof’s area. This limitation shall not apply to solar energy systems (see Section

9.21.150).

TABLE 9.21.060: ALLOWED PROJECTIONS ABOVE HEIGHT LIMITS AND DAYLIGHT PLANE Structure
Maximum Aggregate
Coverage of Building’s Roof
Area (%); Other Locational
Restrictions
Maximum
Vertical
Projection (ft.)
Above the Height
Limit*
Projections Allowed in All Zoning Districts:

Skylights No limit 1 ft.

Skylights on flat roofs 30%; May not be located
within 5 ft. of any edge of
the roof
5 ft.

Chimneys, vent stacks 5% 5 ft.

Windscoops 5% 5 ft.

Solar energy systems located on a rooftop See Section 9.21.150 See Section

9.21.150
Antennas
One standard television receive-only nonparabolic
antenna and one vertical whip
Antenna
10%; May not be located
between the building and
any
street-facing parcel line
25 ft.

Other antennas See Chapter 9.32, Telecommunications Facilities TABLE 9.21.060: ALLOWED PROJECTIONS ABOVE HEIGHT LIMITS AND DAYLIGHT PLANE Structure
Maximum Aggregate
Coverage of Building’s Roof
Area (%); Other Locational
Restrictions
Maximum
Vertical
Projection (ft.)
Above the Height
Limit*
Parapets, fire escapes, catwalks, and open guard rails
required by law As required by law As required by
law
Projections Allowed in All Districts Except R1 and OP-1 Districts:

Non-occupiable features such as steeples, spires, towers, domes, and cupolas 10% 10 ft.

Rooftop features for outdoor living areas, such as
sunshade, open railings, trellises, and landscaping 25% 10 ft.

Elevator shafts 15% 18 ft.* above
the roofline
Stairwells 25% 14 ft.* above

10.B.a
Packet Pg. 1119 Attachment: 2023.07.25 - Promenade IZO [Revision 1] (5779 : Third Street Promenade Entertainment District Implementation (45 mins)) 20 the roofline
Mechanical rooms and enclosures 25% 12 ft.* above
the roofline
Ventilating fans, water tanks, cooling towers, or other equipment required to operate and maintain a building,
along with screening of such equipment
required by Section 9.21.140, Screening
Total area enclosed by all
screening may not exceed
30% of roof area
12 ft.

Projections Allowed for Outdoor Rooftop Commercial Uses on City Owned Parking Structures Located in the Third Street Promenade Area District:

Outdoor cinema and theater screens. None 25 ft. above the finished parking
surface level,
including deckleveling surfaces as
required.

Concession stands, restroom facilities, storage
structures, shade structures, or similar structures
associated with rooftop cinemas/theaters,
None 15 ft. above the
finished parking
surface level,
including deckleveling surfaces as
required.

Structures associated with rooftop community
assembly, community gardens, and small/large-scale
commercial entertainment and recreation facilities
None 15 ft. above the
finished parking
surface level,
including deckleveling surfaces as
required.
(F) Notwithstanding any provisions of Santa Monica Municipal Code Section 9.28.040 to the contrary, the following regulations related to Calculating Off-Street Parking and Loading Spaces shall apply:

9.28.040 Calculating Off-Street Parking and Loading Spaces A. Rules for Calculating Required Spaces. The following rules shall be followed for calculating the amount of off-street parking and loading spaces.

1. Rounding. Fractional space requirements totaling 0.5 or above shall be rounded up to the next whole space after calculating the total number of required spaces.

Rounding up shall not apply to loading spaces; however, a minimum of one space shall be provided.

2. Residential Uses. For purposes of calculating off-street parking

10.B.a
Packet Pg. 1120 Attachment: 2023.07.25 - Promenade IZO [Revision 1] (5779 : Third Street Promenade Entertainment District Implementation (45 mins)) 21 requirements for dwelling units, all private living spaces including, but not limited to, dens, studios, family rooms, studies and lofts shall be considered as “bedrooms” except that a maximum of one such room per unit shall not count as a bedroom if it is less than 100 square feet in area. Kitchens, bathrooms, and one living room per unit shall not be considered bedrooms. Semiprivate rooms shall not count as bedrooms if they have no doors and a minimum 7-foot opening to adjacent living space. A loft or mezzanine shall not count as a bedroom if the maximum width of the loft or mezzanine is less than 7 feet.

3. Non-residential Uses. Unless otherwise specified, the floor areas used to calculate the number of off-street parking and loading spaces required for non-residential uses shall include:
a. All floor area located above or below grade devoted to office, retail, service, or other activities and uses, storage areas, restrooms, lounges, lobbies, kitchens, and interior hallways and corridors, unless exempted by this Chapter; and
b. All outdoor areas that will accommodate a permanent activity that will generate a demand for parking facilities in addition to that which is provided for principal activities and uses within the building or structure.

4. Multiple Uses. When two or more principal uses are located on the same parcel, the estimated parking demand shall be the sum of the estimated demand of the various individual uses computed separately, in accordance with this Section, unless shared parking is approved pursuant to Section 9.28.180.

10.B.a
Packet Pg. 1121 Attachment: 2023.07.25 - Promenade IZO [Revision 1] (5779 : Third Street Promenade Entertainment District Implementation (45 mins)) 22 5. Exclusions. Floor area devoted to the following shall not be included when determining required parking and loading spaces:
a. Automobile parking;
b. Loading areas;
c. Driveways, drive aisles, ramps;
d. Bicycle parking;
e. Showers or locker areas not associated with a physical training, personal service or instructional service; and
f. Outdoor dining areas and other outdoor space permitted pursuant to Section 9.31.199, Outdoor Commercial Uses on Private Property, and Section

9.31.200, Outdoor Dining and Seating on Sidewalks. Outdoor dining and seating less than 200 square feet in size associated with restaurants. (G) Notwithstanding any provisions of Santa Monica Municipal Code Section 9.31.040 to the contrary, the following regulations related to Alcoholic Beverage Sales shall apply:

9.31.040 Alcoholic Beverage Sales
A. Purpose.

1. To limit the potential for community problems such as public drunkenness, drunk driving, traffic accidents, violent crime, noise, and nuisance from an overabundance or overconcentration of the availability of alcohol and its consumption. To regulate traditional alcohol outlets, including bars, restaurants, liquor stores, and supermarkets, as well as new types of alcohol outlets, to ensure that public health, safety, and welfare are not threatened.

10.B.a
Packet Pg. 1122 Attachment: 2023.07.25 - Promenade IZO [Revision 1] (5779 : Third Street Promenade Entertainment District Implementation (45 mins)) 23 2. To establish control measures that will permit the City to review and approve new alcohol outlets on a case-by-case basis and to condition that approval based on the specific type of alcohol outlet, neighborhood location, and potential problems involved.

B. Conditional Use Permit Required. No person shall dispense for sale or other consideration, alcoholic beverages, including beer, wine, malt beverages, and distilled spirits, for on-site or off-site consumption without first obtaining a Conditional Use Permit unless the proposed use has received an Alcohol Exemption Zoning Conformance Permit in accordance with subsection D or is otherwise determined to be exempt after a Zoning Conformance Review in accordance with subsection E.

C. Findings for Approval of Conditional Use Permit. The Planning Commission, or the City Council on appeal, may approve the dispensing, for sale or other consideration, alcoholic beverages, including beer, wine, malt beverages, and distilled spirits for on-site or off-site consumption only if, in addition to the required findings for Conditional Use Permits contained in Section 9.41.060, Required Findings (for a Conditional Use Permit), all of the following findings can be made in an affirmative manner:

1. The proposed alcohol sales will not adversely affect the welfare of neighborhood residents in a significant manner;

2. The proposed alcohol sales will not contribute to an undue concentration of alcohol outlets in the area;

3. The proposed alcohol sales will not detrimentally affect nearby neighborhoods, considering the distance of the alcohol outlet to residential buildings, churches, schools, hospitals, playgrounds, parks, and other existing alcohol outlets; and

10.B.a
Packet Pg. 1123 Attachment: 2023.07.25 - Promenade IZO [Revision 1] (5779 : Third Street Promenade Entertainment District Implementation (45 mins)) 24 4. The sale of alcohol will not increase traffic congestion or generate a demand for parking that will adversely affect surrounding businesses and residents.

D. Alcohol Exemption Zoning Conformance Permit.

1. Citywide Excluding Third Street Promenade Area and Santa Monica Pier. Except as provided in paragraphs 2 and 3, below, limited and full-service restaurants that offer alcoholic beverages incidental to meal service shall be exempt from the provisions of the Conditional Use Permit requirement of subsection B of this Section if such a permit is approved in writing by the Director and if the applicant agrees in writing to comply with all of the following criteria and conditions:
a. If a counter service area is provided, food service shall be available at all hours the counter is open for patrons, and the counter area shall not function as a separate bar area;
b. Window or other signage visible from the public right-of-way that advertises beer or alcohol shall not be permitted;
c. Customers shall be permitted to order meals at all times and at all locations where alcohol is being served. The establishment shall serve food to patrons during all hours the establishment is open for customers; d. The premises shall maintain a kitchen or food-serving area in which a variety of food is prepared on the premises;
e. Sale of alcoholic beverages for consumption beyond the premises shall be permitted if authorized by the premises’ California Alcoholic Beverage Control (“ABC”) license;

10.B.a
Packet Pg. 1124 Attachment: 2023.07.25 - Promenade IZO [Revision 1] (5779 : Third Street Promenade Entertainment District Implementation (45 mins)) 25 f. No video or other amusement games shall be permitted on the premises;
g. Entertainment may only be permitted in the manner set forth in Section 9.31.290, Restaurants with Entertainment;
h. The primary use of any outdoor dining area shall be for seated meal service. Patrons who are standing in the outdoor seating area shall not be served; i. The operation shall at all times be conducted in a manner not detrimental to surrounding properties by reason of lights, noise, activities or other actions. The operator shall control noisy patrons leaving the restaurant; j. The permitted hours of alcoholic beverage service shall be 8:00 a.m. to 12:00 a.m. with complete closure and all employees vacated from the building by 1:00 a.m. All alcoholic beverages must be removed from the outdoor dining area no later than 11:00 p.m. Sunday through Thursday. No after-hours operation is permitted;
k. Liquor bottle service shall be prohibited. Wine and beer bottle service shall not be available to patrons unless full meal service is provided concurrent with the bottle service. For purposes of this paragraph, “bottle service” means the service of any full bottle of liquor, wine, or beer of more than 375 ml, along with glass ware, mixers, garnishes, etc., in which patrons are able to then make their own drinks or pour their own wine or beer. All food items shall be available from the premises’ full service menu;
l. No organized queuing of patrons at the entry or checking of identification to control entry into and within the establishment shall be permitted.

10.B.a
Packet Pg. 1125 Attachment: 2023.07.25 - Promenade IZO [Revision 1] (5779 : Third Street Promenade Entertainment District Implementation (45 mins)) 26 There shall not be any age limitation imposed restricting access to any portion of the restaurant;
m. The premises shall not organize or participate in organized “pubcrawl” events where participants or customers pre-purchase tickets or tokens to be exchanged for alcoholic beverages at the restaurant; n. Establishments with amplified music shall be required to comply with Chapter 4.12, Noise, of the Santa Monica Municipal Code; o. Prior to occupancy, a security plan shall be submitted to the Chief of Police for review and approval. The plan shall address both physical and operational security issues;
p. Prior to occupancy, the operator shall submit a plan for approval by the Director regarding employee alcohol awareness training programs and policies. The plan shall outline a mandatory alcohol-awareness training program for all employees having contact with the public and shall state management’s policies addressing alcohol consumption and inebriation. The program shall require all employees having contact with the public to complete an ABCsponsored alcohol awareness training program within 90 days of the effective date of the exemption determination. In the case of new employees, the employee shall attend the alcohol awareness training within 90 days of hiring. In the event the ABC no longer sponsors an alcohol awareness training program, all employees having contact with the public shall complete an alternative program approved by the Director. The operator shall provide the City with an annual report regarding

10.B.a
Packet Pg. 1126 Attachment: 2023.07.25 - Promenade IZO [Revision 1] (5779 : Third Street Promenade Entertainment District Implementation (45 mins)) 27 compliance with this requirement. The operator shall be subject to any future Citywide alcohol awareness training program affecting similar establishments; q. Within 30 days from the date of approval of this exemption, the applicant shall provide a copy of the signed exemption to the local office of the State ABC;
r. Prior to occupancy, the 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 operator will inform patrons of the program, such as offering on the menu a free non-alcoholic drink for every party of 2 or more ordering alcoholic beverages;
s. Notices shall be prominently displayed urging patrons to leave the premises and neighborhood in a quiet, peaceful, and orderly fashion and to please not litter or block driveways in the neighborhood;
t. Employees of the establishment shall walk a 100-foot radius from the facility at some point prior to 30 minutes after closing and shall pick up and dispose of any discarded beverage containers and other trash left by patrons; and u. The exemption shall apply to approved and dated plans, 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. Minor amendments to the plans shall be subject to approval by the Director;

10.B.a
Packet Pg. 1127 Attachment: 2023.07.25 - Promenade IZO [Revision 1] (5779 : Third Street Promenade Entertainment District Implementation (45 mins)) 28 v. In the event of a conflict between the regulations of this Section and regulations issued by the ABC, the ABC regulations shall control and be deemed to have modified contrary provisions of this Section.

2. Third Street Promenade Area. Notwithstanding the provisions of paragraph 1, above, in the Third Street Promenade Area, the following uses that offer alcoholic beverages incidental to the primary use, including bars/nightclubs/lounges that primarily serve alcoholic beverages, shall be exempt from the provisions of the Conditional Use Permit requirement of subsection B of this Section if such a permit is approved in writing by the Director and if the applicant agrees in writing to comply with all of the following criteria and conditions established for each use:
a. Restaurants (Full-Service and Limited Service and Take Out) and Food Halls
i. The permitted hours of alcoholic beverage service shall be 8:00 a.m. to 2:00 a.m. daily.
ii. From 8:00 a.m. until at least 10:00 p.m., food service shall be available at all times when alcohol is being served.
iii. Sale of alcoholic beverages for consumption beyond the premises shall be permitted if authorized by the premises’ California Alcoholic Beverage Control (“ABC”) license.
iv. Window or other signage visible from the public right-of-way that advertises beer or alcohol shall not be permitted.
v. Entertainment may only be permitted in the manner set forth in Section 9.31.290(D), Restaurants with Entertainment;

10.B.a
Packet Pg. 1128 Attachment: 2023.07.25 - Promenade IZO [Revision 1] (5779 : Third Street Promenade Entertainment District Implementation (45 mins)) 29 vi. Except as may be permitted by a Temporary Use Permit issued in accordance with Santa Monica Municipal Code Chapter 9.44, Temporary Use Permits, alcohol shall not be served in any disposable containers such as disposable plastic or paper cups.
vii. The premises shall at all times conduct operations in a manner not detrimental to surrounding properties by reason of lights, noise, activities or other actions. The operator of the premises shall control noisy patrons leaving the premises.
viii.Premises with amplified music shall be required to comply with Chapter 4.12, Noise, of the Santa Monica Municipal Code, except that Section

4.21.140 Nightclubs, Bars and Establishments with Amplified Music shall not apply.
ix. Prior to occupancy, a security plan for the premises shall be submitted to the Chief of Police for review and approval. The plan shall address both physical and operational security issues.
x. Prior to occupancy, the operator of the premises shall submit a plan for approval by the Director regarding employee alcohol awareness training programs and policies. The plan shall outline a mandatory alcohol-awareness training program for all employees having contact with the public and shall state management’s policies addressing alcohol consumption and inebriation. The program shall require all employees having contact with the public to complete an ABC-sponsored alcohol awareness training program within 90 days of the effective date of the exemption determination. In the case of new employees,

10.B.a
Packet Pg. 1129 Attachment: 2023.07.25 - Promenade IZO [Revision 1] (5779 : Third Street Promenade Entertainment District Implementation (45 mins)) 30 the plan shall require all such new employees to attend an ABC-sponsored alcohol awareness training program within 90 days of hiring. In the event the ABC no longer sponsors an alcohol awareness training program, all employees having contact with the public shall complete an alternative program approved by the Director. The operator of the premises shall provide the City with an annual report regarding compliance with this requirement. The operator of the premises shall be subject to any future Citywide alcohol awareness training program affecting similar establishments.
xi. Within 30 days from the date of approval of the exemption, the applicant shall provide a copy of the signed exemption to the local office of the ABC.
xii. Prior to occupancy, the operator of the premises shall submit a plan describing the premises’ designated driver program, which shall be offered by the operator to the premises’ patrons. The plan shall specify how the operator will inform patrons of the program, such as by offering on the menu a free non-alcoholic drink for every party of 2 or more ordering alcoholic beverages.
xiii. Notices shall be prominently displayed urging patrons to leave the premises and neighborhood in a quiet, peaceful, and orderly fashion and to not litter or block driveways in the neighborhood.
xiv. Employees of the premises shall walk a 100-foot radius from the premises at some point prior to 30 minutes after closing and shall pick

10.B.a
Packet Pg. 1130 Attachment: 2023.07.25 - Promenade IZO [Revision 1] (5779 : Third Street Promenade Entertainment District Implementation (45 mins)) 31 up and dispose of any discarded beverage containers and other trash left by patrons.
xv. The exemption shall apply to approved and dated plans, a copy of which shall be maintained in the files of the City Planning Division. Project development shall be consistent with such plans. Minor amendments to the plans shall be subject to approval by the Director.
xvi. In the event of a conflict between the regulations of this Section and regulations issued by the ABC, the ABC regulations shall control and be deemed to have modified contrary provisions of this Section. b. Bars/Nightclubs/Lounges
i. The permitted hours of alcoholic beverage service shall be 8:00 a.m. to 2:00 a.m. daily.
ii. Sale of alcoholic beverages for consumption beyond the premises shall be permitted if authorized by the premises’ California Alcoholic Beverage Control (“ABC”) license.
iii. Window or other signage visible from the public right-of-way that advertises beer or alcohol shall not be permitted.
iv. The premises shall at all times conduct operations in a manner not detrimental to surrounding properties by reason of lights, noise, activities or other actions. The operator of the premises shall control noisy patrons leaving the premises.
v. Premises with amplified music shall be required to comply with Chapter 4.12, Noise, of the Santa Monica Municipal Code, except that Section

10.B.a
Packet Pg. 1131 Attachment: 2023.07.25 - Promenade IZO [Revision 1] (5779 : Third Street Promenade Entertainment District Implementation (45 mins)) 32 4.21.140 Nightclubs, Bars and Establishments with Amplified Music shall not apply.
vi. Prior to occupancy, a security plan for the premises shall be submitted to the Chief of Police for review and approval. The plan shall address both physical and operational security issues.
vii. Prior to occupancy, the operator of the premises shall submit a plan for approval by the Director regarding employee alcohol awareness training programs and policies. The plan shall outline a mandatory alcohol-awareness training program for all employees having contact with the public and shall state management’s policies addressing alcohol consumption and inebriation. The program shall require all employees having contact with the public to complete an ABC-sponsored alcohol awareness training program within 90 days of the effective date of the exemption determination. In the case of new employees, the plan shall require all such new employees to attend an ABC-sponsored alcohol awareness training program within 90 days of hiring. In the event the ABC no longer sponsors an alcohol awareness training program, all employees having contact with the public shall complete an alternative program approved by the Director. The operator of the premises shall provide the City with an annual report regarding compliance with this requirement. The operator of the premises shall be subject to any future Citywide alcohol awareness training program affecting similar establishments.

10.B.a
Packet Pg. 1132 Attachment: 2023.07.25 - Promenade IZO [Revision 1] (5779 : Third Street Promenade Entertainment District Implementation (45 mins)) 33 viii.Within 30 days from the date of approval of this exemption, the applicant shall provide a copy of the signed exemption to the local office of the ABC.
ix. Prior to occupancy, the operator of the premises shall submit a plan describing the premises’ designated driver program, which shall be offered by the operator to the premises’ patrons. The plan shall specify how the operator will inform patrons of the program, such as by offering on the menu a free nonalcoholic drink for every party of 2 or more ordering alcoholic beverages. x. Notices shall be prominently displayed urging patrons to leave the premises and neighborhood in a quiet, peaceful, and orderly fashion and to not litter or block driveways in the neighborhood.
xi. Employees of the premises shall walk a 100-foot radius from the premises at some point prior to 30 minutes after closing and shall pick up and dispose of any discarded beverage containers and other trash left by patrons. xii. The exemption shall apply to approved and dated plans, a copy of which shall be maintained in the files of the City Planning Division. Project development shall be consistent with such plans. Minor amendments to the plans shall be subject to approval by the Director.
xiii.In the event of a conflict between the regulations of this Section and regulations issued by the ABC, the ABC regulations shall control and be deemed to have modified contrary provisions of this Section. c. Convenience Markets and Liquor Stores

10.B.a
Packet Pg. 1133 Attachment: 2023.07.25 - Promenade IZO [Revision 1] (5779 : Third Street Promenade Entertainment District Implementation (45 mins)) 34 i. The permitted hours of alcoholic beverage sales shall be 8:00 a.m. to 10:00 p.m. daily.
ii. Window or other signage visible from the public right-of-way that advertises beer or alcohol shall not be permitted.
iii. The premises shall at all times conduct operations in a manner not detrimental to surrounding properties by reason of lights, noise, activities or other actions. The operator of the premises shall control noisy patrons leaving the premises.
iv. Prior to occupancy, a security plan for the premises shall be submitted to the Chief of Police for review and approval. The plan shall address both physical and operational security issues.
v. Within 30 days from the date of approval of this exemption, the applicant shall provide a copy of the signed exemption to the local office of the ABC.
vi. Employees of the premises shall walk a 100-foot radius from the premises at some point prior to 30 minutes after closing and shall pick up and dispose of any discarded beverage containers and other trash left by patrons. vii. The exemption shall apply to approved and dated plans, a copy of which shall be maintained in the files of the City Planning Division. Project development shall be consistent with such plans. Minor amendments to the plans shall be subject to approval by the Director.

10.B.a
Packet Pg. 1134 Attachment: 2023.07.25 - Promenade IZO [Revision 1] (5779 : Third Street Promenade Entertainment District Implementation (45 mins)) 35 viii.In the event of a conflict between the regulations of this Section and regulations issued by the ABC, the ABC regulations shall control and be deemed to have modified contrary provisions of this Section. d. Cultural Facilities and Instructional Services
i. The permitted hours of alcoholic beverage service shall be 8:00 a.m. to 2:00 a.m. daily.
ii. Sale of alcoholic beverages for consumption beyond the premises shall be permitted if authorized by the premises’ California Alcoholic Beverage Control (“ABC”) license.
iii. Window or other signage visible from the public right-of-way that advertises beer or alcohol shall not be permitted.
iv. The premises shall at all times conduct operations in a manner not detrimental to surrounding properties by reason of lights, noise, activities or other actions. The operator of the premises shall control noisy patrons leaving the premises.
v. Prior to occupancy, a security plan for the premises shall be submitted to the Chief of Police for review and approval. The plan shall address both physical and operational security issues.
vi. Prior to occupancy, the operator of the premises shall submit a plan for approval by the Director regarding employee alcohol awareness training programs and policies. The plan shall outline a mandatory alcohol-awareness training program for all employees having contact with the public and shall state management’s policies addressing alcohol consumption and inebriation. The

10.B.a
Packet Pg. 1135 Attachment: 2023.07.25 - Promenade IZO [Revision 1] (5779 : Third Street Promenade Entertainment District Implementation (45 mins)) 36 program shall require all employees having contact with the public to complete an ABC-sponsored alcohol awareness training program within 90 days of the effective date of the exemption determination. In the case of new employees, the plan shall require all such new employees to attend an ABC-sponsored alcohol awareness training program within 90 days of hiring. In the event the ABC no longer sponsors an alcohol awareness training program, all employees having contact with the public shall complete an alternative program approved by the Director. The operator of the premises shall provide the City with an annual report regarding compliance with this requirement. The operator of the premises shall be subject to any future Citywide alcohol awareness training program affecting similar establishments.
vii. Within 30 days from the date of approval of the exemption, the applicant shall provide a copy of the signed exemption to the local office of the ABC.
viii.Employees of the premises shall walk a 100-foot radius from the premises at some point prior to 30 minutes after closing and shall pick up and dispose of any discarded beverage containers and other trash left by patrons. ix. The exemption shall apply to approved and dated plans, a copy of which shall be maintained in the files of the City Planning Division. Project development shall be consistent with such plans. Minor amendments to the plans shall be subject to approval by the Director.

10.B.a
Packet Pg. 1136 Attachment: 2023.07.25 - Promenade IZO [Revision 1] (5779 : Third Street Promenade Entertainment District Implementation (45 mins)) 37 x. In the event of a conflict between the regulations of this Section and regulations issued by the ABC, the ABC regulations shall control and be deemed to have modified contrary provisions of this Section. e. Outdoor Rooftop Commercial Uses: Cinemas, Community
Assembly, Small/Large-Scale Commercial Entertainment and Recreation Facilities i. The permitted hours of alcoholic beverage service shall be 8:00 a.m. to 2:00 a.m. daily.
ii. The premises shall at all times conduct operations in a manner not detrimental to surrounding properties by reason of lights, noise, activities or other actions. The operator of the premises shall control noisy patrons leaving the premises.
iii. Premises with amplified sound or music shall be required to comply with Chapter 4.12, Noise, of the Santa Monica Municipal Code, except that Section 4.21.140 Nightclubs, Bars and Establishments with Amplified Music shall not apply.
iv. Prior to occupancy, a security plan for the premises shall be submitted to the Chief of Police for review and approval. The plan shall address both physical and operational security issues.
v. Prior to occupancy, the operator of the premises shall submit a plan for approval by the Director regarding employee alcohol awareness training programs and policies. The plan shall outline a mandatory alcohol-awareness training program for all employees having contact with the public and shall state management’s policies addressing alcohol consumption and inebriation. The

10.B.a
Packet Pg. 1137 Attachment: 2023.07.25 - Promenade IZO [Revision 1] (5779 : Third Street Promenade Entertainment District Implementation (45 mins)) 38 program shall require all employees having contact with the public to complete an ABC-sponsored alcohol awareness training program within 90 days of the effective date of the exemption determination. In the case of new employees, the plan shall require all such new employees to attend an ABC-sponsored alcohol awareness training program within 90 days of hiring. In the event the ABC no longer sponsors an alcohol awareness training program, all employees having contact with the public shall complete an alternative program approved by the Director. The operator of the premises shall provide the City with an annual report regarding compliance with this requirement. The operator of the premises shall be subject to any future Citywide alcohol awareness training program affecting similar establishments.
vi. Within 30 days from the date of approval of the exemption, the applicant shall provide a copy of the signed exemption to the local office of the ABC.
vii. Prior to occupancy, the operator of the premises shall submit a plan describing the premises’ designated driver program, which shall be offered by the operator to the premises’ patrons. The plan shall specify how the operator will inform patrons of the program, such as by offering on the menu a free nonalcoholic drink for every party of 2 or more ordering alcoholic beverages. viii.Notices shall be prominently displayed urging patrons to leave the premises and neighborhood in a quiet, peaceful, and orderly fashion and to not litter or block driveways in the neighborhood.

10.B.a
Packet Pg. 1138 Attachment: 2023.07.25 - Promenade IZO [Revision 1] (5779 : Third Street Promenade Entertainment District Implementation (45 mins)) 39 ix. Employees of the premises shall walk a 100-foot radius from the premises at some point prior to 30 minutes after closing and shall pick up and dispose of any discarded beverage containers and other trash left by patrons. x. The exemption shall apply to approved and dated plans, a copy of which shall be maintained in the files of the City Planning Division. Project development shall be consistent with such plans. Minor amendments to the plans shall be subject to approval by the Director.
xi. In the event of a conflict between the regulations of this Section and regulations issued by the ABC, the ABC regulations shall control and be deemed to have modified contrary provisions of this Section. f. Commercial Entertainment and Recreation: Small-Scale Facilities and Large-Scale Facilities
i. The permitted hours of alcoholic beverage service shall be 8:00 a.m. to 2:00 a.m. daily.
ii. Sale of alcoholic beverages for consumption beyond the premises shall be permitted if authorized by the premises’ California Alcoholic Beverage Control (“ABC”) license.
iii. Window or other signage visible from the public right-of-way that advertises beer or alcohol shall not be permitted.
iv. The premises shall at all times conduct operations in a manner not detrimental to surrounding properties by reason of lights, noise, activities or other actions. The operator of the premises shall control noisy patrons leaving the premises.

10.B.a
Packet Pg. 1139 Attachment: 2023.07.25 - Promenade IZO [Revision 1] (5779 : Third Street Promenade Entertainment District Implementation (45 mins)) 40 v. Premises with amplified music shall be required to comply with Chapter 4.12, Noise, of the Santa Monica Municipal Code, except that Section

4.21.140 Nightclubs, Bars and Establishments with Amplified Music shall not apply.
vi. Prior to occupancy, a security plan for the premises shall be submitted to the Chief of Police for review and approval. The plan shall address both physical and operational security issues.
vii. Prior to occupancy, the operator of the premises shall submit a plan for approval by the Director regarding employee alcohol awareness training programs and policies. The plan shall outline a mandatory alcohol-awareness training program for all employees having contact with the public and shall state management’s policies addressing alcohol consumption and inebriation. The program shall require all employees having contact with the public to complete an ABC-sponsored alcohol awareness training program within 90 days of the effective date of the exemption determination. In the case of new employees, the plan shall require all such new employees to attend an ABC-sponsored alcohol awareness training program within 90 days of hiring. In the event the ABC no longer sponsors an alcohol awareness training program, all employees having contact with the public shall complete an alternative program approved by the Director. The operator of the premises shall provide the City with an annual report regarding compliance with this requirement. The operator of the premises shall be subject to any future Citywide alcohol awareness training program affecting similar establishments.

10.B.a
Packet Pg. 1140 Attachment: 2023.07.25 - Promenade IZO [Revision 1] (5779 : Third Street Promenade Entertainment District Implementation (45 mins)) 41 viii. Within 30 days from the date of approval of the exemption, the applicant shall provide a copy of the signed exemption to the local office of the ABC.
ix. Prior to occupancy, the operator of the premises shall submit a plan describing the premises’ designated driver program, which shall be offered by the operator to the premises’ patrons. The plan shall specify how the operator will inform patrons of the program, such as by offering on the menu a free nonalcoholic drink for every party of 2 or more ordering alcoholic beverages. x. Notices shall be prominently displayed urging patrons to leave the premises and neighborhood in a quiet, peaceful, and orderly fashion and to not litter or block driveways in the neighborhood.
xi. Employees of the premises shall walk a 100-foot radius from the premises at some point prior to 30 minutes after closing and shall pick up and dispose of any discarded beverage containers and other trash left by patrons. xii. The exemption shall apply to approved and dated plans, a copy of which shall be maintained in the files of the City Planning Division. Project development shall be consistent with such plans. Minor amendments to the plans shall be subject to approval by the Director.
xiii. In the event of a conflict between the regulations of this Section and regulations issued by the ABC, the ABC regulations shall control and be deemed to have modified contrary provisions of this Section. g. Retail Sales: General Retail Sales, Small-Scale and Medium-Scale

10.B.a
Packet Pg. 1141 Attachment: 2023.07.25 - Promenade IZO [Revision 1] (5779 : Third Street Promenade Entertainment District Implementation (45 mins)) 42 i. The permitted hours of alcoholic beverage sales shall be 8:00 a.m. to 2:00 a.m. daily.
ii. Sale of alcoholic beverages shall be incidental to the primary use. iii. Window or other signage visible from the public right-of-way that advertises beer or alcohol shall not be permitted.
iv. The premises shall at all times conduct operations in a manner not detrimental to surrounding properties by reason of lights, noise, activities or other actions. The operator of the premises shall control noisy patrons leaving the premises.
v. Premises with amplified music shall be required to comply with Chapter 4.12, Noise, of the Santa Monica Municipal Code. vi. Prior to occupancy, a security plan for the premises shall be submitted to the Chief of Police for review and approval. The plan shall address both physical and operational security issues.
vii. Prior to occupancy, the operator of the premises shall submit a plan for approval by the Director regarding employee alcohol awareness training programs and policies. The plan shall outline a mandatory alcohol-awareness training program for all employees having contact with the public and shall state management’s policies addressing alcohol consumption and inebriation.

The program shall require all employees having contact with the public to complete an ABC-sponsored alcohol awareness training program within 90 days of the effective date of the exemption determination. In the case of new employees, the plan shall require all such new employees to attend an ABC10.B.a Packet Pg. 1142 Attachment: 2023.07.25 - Promenade IZO [Revision 1] (5779 : Third Street Promenade Entertainment District Implementation (45 mins)) 43 sponsored alcohol awareness training program within 90 days of hiring. In the event the ABC no longer sponsors an alcohol awareness training program, all employees having contact with the public shall complete an alternative program approved by the Director. The operator of the premises shall provide the City with an annual report regarding compliance with this requirement. The operator of the premises shall be subject to any future Citywide alcohol awareness training program affecting similar establishments. viii. Within 30 days from the date of approval of the exemption, the applicant shall provide a copy of the signed exemption to the local office of the ABC.
ix. Prior to occupancy, the operator of the premises shall submit a plan describing the premises’ designated driver program, which shall be offered by the operator to the premises’ patrons. The plan shall specify how the operator will inform patrons of the program, such as by offering on the menu a free nonalcoholic drink for every party of 2 or more ordering alcoholic beverages. x. Notices shall be prominently displayed urging patrons to leave the premises and neighborhood in a quiet, peaceful, and orderly fashion and to not litter or block driveways in the neighborhood.
xi. Employees of the premises shall walk a 100-foot radius from the premises at some point prior to 30 minutes after closing and shall pick up and dispose of any discarded beverage containers and other trash left by patrons. xii. The exemption shall apply to approved and dated plans, a copy of which shall be maintained in the files of the City Planning Division. Project

10.B.a
Packet Pg. 1143 Attachment: 2023.07.25 - Promenade IZO [Revision 1] (5779 : Third Street Promenade Entertainment District Implementation (45 mins)) 44 development shall be consistent with such plans. Minor amendments to the plans shall be subject to approval by the Director.
xiii. In the event of a conflict between the regulations of this Section and regulations issued by the ABC, the ABC regulations shall control and be deemed to have modified contrary provisions of this Section.

2. Third Street Promenade Area. Notwithstanding the provisions of paragraph 1, above, in the Third Street Promenade Area, limited and full-service restaurants, food halls, bars/nightclubs/lounges, and small and medium scale general retail sales shall be exempt from the provisions of the Conditional Use Permit requirement of subsection B of this Section if such a permit is approved in writing by the Director and if the applicant agrees in writing to comply with all of the following criteria and conditions:
a. The permitted hours of alcoholic beverage service shall be 8:00 a.m. to 2:00 a.m. daily.
b. From 8:00 a.m. until at least 10:00 p.m., food service shall be available at all times when alcohol is being served.
c. Sale of alcoholic beverages for consumption beyond the premises shall be permitted if authorized by the premises’ California Alcoholic Beverage Control (“ABC”) license.
d. Window or other signage visible from the public right-of-way that advertises beer or alcohol shall not be permitted.
e. Except as may be permitted by a Temporary Use Permit issued in accordance with Santa Monica Municipal Code Chapter 9.44, Temporary Use

10.B.a
Packet Pg. 1144 Attachment: 2023.07.25 - Promenade IZO [Revision 1] (5779 : Third Street Promenade Entertainment District Implementation (45 mins)) 45 Permits, alcohol shall not be served in any disposable containers such as disposable plastic or paper cups.
f. The premises shall at all times conduct operations in a manner not detrimental to surrounding properties by reason of lights, noise, activities or other actions. The operator of the premises shall control noisy patrons leaving the premises.
g. Liquor bottle service shall be prohibited. Wine and beer bottle service shall not be available to patrons unless food service is provided concurrent with the bottle service. For purposes of this paragraph, “bottle service” means the service of any full bottle of liquor, wine, or beer of more than 375 ml, along with glass ware, mixers, garnishes, or other items used for the mixing of drinks, which patrons are able to then use to make their own drinks or pour their own wine or beer.
h. The premises shall not organize or participate in organized “pubcrawl” events where participants or customers pre-purchase tickets or tokens to be exchanged for alcoholic beverages at the premises.
i. Premises with amplified music shall be required to comply with Chapter 4.12, Noise, of the Santa Monica Municipal Code. j. Prior to occupancy, a security plan for the premises shall be submitted to the Chief of Police for review and approval. The plan shall address both physical and operational security issues.
k. Prior to occupancy, the operator of the premises shall submit a plan for approval by the Director regarding employee alcohol awareness training

10.B.a
Packet Pg. 1145 Attachment: 2023.07.25 - Promenade IZO [Revision 1] (5779 : Third Street Promenade Entertainment District Implementation (45 mins)) 46 programs and policies. The plan shall outline a mandatory alcohol-awareness training program for all employees having contact with the public and shall state management’s policies addressing alcohol consumption and inebriation. The program shall require all employees having contact with the public to complete an ABC-sponsored alcohol awareness training program within 90 days of the effective date of the exemption determination. In the case of new employees, the plan shall require all such new employees to attend an ABC-sponsored alcohol awareness training program within 90 days of hiring. In the event the ABC no longer sponsors an alcohol awareness training program, all employees having contact with the public shall complete an alternative program approved by the Director. The operator of the premises shall provide the City with an annual report regarding compliance with this requirement. The operator of the premises shall be subject to any future Citywide alcohol awareness training program affecting similar establishments.
l. Within 30 days from the date of approval of this exemption, the applicant shall provide a copy of the signed exemption to the local office of the ABC.
m. Prior to occupancy, the operator of the premises shall submit a plan describing the premises’ designated driver program, which shall be offered by the operator to the premises’ patrons. The plan shall specify how the operator will inform patrons of the program, such as by offering on the menu a free nonalcoholic drink for every party of 2 or more ordering alcoholic beverages.

10.B.a
Packet Pg. 1146 Attachment: 2023.07.25 - Promenade IZO [Revision 1] (5779 : Third Street Promenade Entertainment District Implementation (45 mins)) 47 n. Notices shall be prominently displayed urging patrons to leave the premises and neighborhood in a quiet, peaceful, and orderly fashion and to not litter or block driveways in the neighborhood.
o. Employees of the premises shall walk a 100-foot radius from the premises at some point prior to 30 minutes after closing and shall pick up and dispose of any discarded beverage containers and other trash left by patrons. p. The exemption shall apply to approved and dated plans, 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. Minor amendments to the plans shall be subject to approval by the Director.
q. In the event of a conflict between the regulations of this Section and regulations issued by the ABC, the ABC regulations shall control and be deemed to have modified contrary provisions of this Section.

3. Santa Monica Pier. Notwithstanding the provisions of paragraph 1, above, limited and full service restaurants, bars/nightclubs/lounges, food halls, and small and medium scale general retail sales on the Santa Monica Pier shall be exempt from the provisions of the Conditional Use Permit requirement of subsection B of this Section if such a permit is approved in writing by the Director and if the applicant agrees in writing to comply with all of the following criteria and conditions:
a. The permitted hours of alcoholic beverage service shall be 8:00 a.m. to 2:00 a.m. daily.

10.B.a
Packet Pg. 1147 Attachment: 2023.07.25 - Promenade IZO [Revision 1] (5779 : Third Street Promenade Entertainment District Implementation (45 mins)) 48 b. From 8:00 a.m. until at least 10:00 p.m., food service shall be available at all times when alcohol is being served.
c. Sale of alcoholic beverages for consumption beyond the premises shall be permitted if authorized by the premises’ California Alcoholic Beverage Control (“ABC”) license.
d. Window or other signage visible from the public right-of-way that advertises beer or alcohol shall not be permitted.
e. Except as may be permitted by a Temporary Use Permit issued in accordance with Santa Monica Municipal Code Chapter 9.44, Temporary Use Permits, alcohol shall not be served in any disposable containers such as disposable plastic or paper cups.
f. The premises shall at all times conduct operations in a manner not detrimental to surrounding properties by reason of lights, noise, activities or other actions. The operator of the premises shall control noisy patrons leaving the premises.
g. Liquor bottle service shall be prohibited. Wine and beer bottle service shall not be available to patrons unless food service is provided concurrent with the bottle service. For purposes of this paragraph, “bottle service” means the service of any full bottle of liquor, wine, or beer of more than 375 ml, along with glass ware, mixers, garnishes, or other items used for the mixing of drinks, which patrons are able to then use to make their own drinks or pour their own wine or beer.

10.B.a
Packet Pg. 1148 Attachment: 2023.07.25 - Promenade IZO [Revision 1] (5779 : Third Street Promenade Entertainment District Implementation (45 mins)) 49 h. The premises shall not organize or participate in organized “pubcrawl” events where participants or customers pre-purchase tickets or tokens to be exchanged for alcoholic beverages at the premises.
i. Premises with amplified music shall be required to comply with Chapter 4.12, Noise, of the Santa Monica Municipal Code. j. Prior to occupancy, a security plan for the premises shall be submitted to the Chief of Police for review and approval. The plan shall address both physical and operational security issues.
k. Prior to occupancy, the operator of the premises shall submit a plan for approval by the Director regarding employee alcohol awareness training programs and policies. The plan shall outline a mandatory alcohol-awareness training program for all employees having contact with the public and shall state management’s policies addressing alcohol consumption and inebriation. The program shall require all employees having contact with the public to complete an ABC-sponsored alcohol awareness training program within 90 days of the effective date of the exemption determination. In the case of new employees, the plan shall require all such new employees to attend an ABC-sponsored alcohol awareness training program within 90 days of hiring. In the event the ABC no longer sponsors an alcohol awareness training program, all employees having contact with the public shall complete an alternative program approved by the Director. The operator of the premises shall provide the City with an annual report regarding compliance with this requirement. The operator of the premises shall

10.B.a
Packet Pg. 1149 Attachment: 2023.07.25 - Promenade IZO [Revision 1] (5779 : Third Street Promenade Entertainment District Implementation (45 mins)) 50 be subject to any future Citywide alcohol awareness training program affecting similar establishments.
l. Within 30 days from the date of approval of this exemption, the applicant shall provide a copy of the signed exemption to the local office of the ABC.
m. Prior to occupancy, the operator of the premises shall submit a plan describing the premises’ designated driver program, which shall be offered by the operator to the premises’ patrons. The plan shall specify how the operator will inform patrons of the program, such as by offering on the menu a free nonalcoholic drink for every party of 2 or more ordering alcoholic beverages. n. Notices shall be prominently displayed urging patrons to leave the premises and neighborhood in a quiet, peaceful, and orderly fashion and to not litter or block driveways in the neighborhood.
o. Employees of the premises shall walk a 100-foot radius from the premises at some point prior to 30 minutes after closing and shall pick up and dispose of any discarded beverage containers and other trash left by patrons. p. The exemption shall apply to approved and dated plans, 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. Minor amendments to the plans shall be subject to approval by the Director.

10.B.a
Packet Pg. 1150 Attachment: 2023.07.25 - Promenade IZO [Revision 1] (5779 : Third Street Promenade Entertainment District Implementation (45 mins)) 51 q. In the event of a conflict between the regulations of this Section and regulations issued by the ABC, the ABC regulations shall control and be deemed to have modified contrary provisions of this Section.

4. With respect to the Director’s decision for Alcohol Exemption Zoning Conformance Permits for restaurants with over 50 seats and subject to subsection D(1) above, within 2 business days from the date when the determination has been made concerning the application and posted on the City’s website, the Director shall transmit a notice of determination that summarizes the determination and provides a website link to the Statement of Official Action to the applicant at the address shown on the application and to all property owners and residential and commercial tenants within a radius of 750 feet from the exterior boundaries of the property involved in the application.

E. Zoning Conformance Review.

1. When an existing alcohol outlet without a Conditional Use Permit changes ownership or undergoes an interior remodel, it shall be subject to Zoning Conformance review in accordance with the following:
a. Except as provided in paragraph b, below, an existing alcohol outlet that was lawfully established and is nonconforming solely due to the lack of an approved Conditional Use Permit is exempt from the requirements of this Section if the licensed premises have remained in continuous operation without substantial change in mode or character of operation. Approval of a Conditional Use Permit shall be required for a change in the licensed classification. The operation of an existing nonconforming alcohol outlet shall be considered lapsed

10.B.a
Packet Pg. 1151 Attachment: 2023.07.25 - Promenade IZO [Revision 1] (5779 : Third Street Promenade Entertainment District Implementation (45 mins)) 52 and a Conditional Use Permit shall be required where operations have been discontinued for a period of over one year.
i. The one-year period to determine that a nonconforming alcohol outlet has been abandoned shall commence when the use ceases and any one of the following occurs:
(1) The business license lapses;
(2) The site is vacated;
(3) The lease is terminated;
(4) Utilities are terminated; or
(5) A conforming use that meets the applicable
requirements of this Article is lawfully established in the space previously occupied by the nonconforming alcohol outlet. ii. Once the one-year period has commenced under subsection (E)(1)(a)(i) that period shall only be terminated if the nonconforming alcohol outlet is fully licensed, permitted, and operational for 60 continuous days. Operational shall mean that the nonconforming alcohol outlet is open for business to the public and provides services typically associated with the nonconforming alcohol outlet during the hours and days that are customary for that nonconforming alcohol outlet.
iii. Cessation of use due to remodeling shall not be considered abandonment so long as building permits are active in accordance with Chapter 8.08 of the Municipal Code. However, if the building permit

10.B.a
Packet Pg. 1152 Attachment: 2023.07.25 - Promenade IZO [Revision 1] (5779 : Third Street Promenade Entertainment District Implementation (45 mins)) 53 expires before the use resumes, the one-year period under subsection (E)(1)(a)(i) shall relate back and commence with the cessation of use. iv. Any existing premises where operations have been discontinued for these time periods shall be required to obtain a Conditional Use Permit prior to resuming business whether or not a Conditional Use Permit was obtained in the past for the premises.
v. A substantial change in mode or character of operation shall include, but is not limited to, a change in operational hours that extends past 11:00 p.m. Sunday through Thursday and midnight on Friday and Saturday, a 5% increase in the floor area of the premises, a 10% increase in the shelf area used for the display of alcoholic beverages, queuing outside the establishment, age requirements for entry, checking identification at the door, implementing a cover charge, offering bottle service, or a 5% increase in the number of seats in any restaurant that serves alcoholic beverages, but in no case shall the increase exceed any established seating limitation in the underlying zoning district.
(1) “Bottle service” shall mean the service of any full bottle of liquor, wine, or beer, of more than 375 ml, along with glass ware, mixers, garnishes, etc., in which patrons are able to then make their own drinks or pour their own wine or beer.
(2) “Cover charge” shall mean requiring payment of
customers before they may enter the establishment.

10.B.a
Packet Pg. 1153 Attachment: 2023.07.25 - Promenade IZO [Revision 1] (5779 : Third Street Promenade Entertainment District Implementation (45 mins)) 54 b. Notwithstanding the provisions of paragraph a, above, when an existing alcohol outlet (i) located within the Third Street Promenade Area and (ii) without a Conditional Use Permit changes ownership or undergoes an interior remodel, it shall be subject to Zoning Conformance review to confirm consistency with current operations, except that an existing alcohol outlet that was lawfully established and is nonconforming solely due to the lack of an approved Conditional Use Permit shall not be subject to a zoning conformance review if the licensed premises have remained in continuous operation without substantial change in mode or character of operation. As used in this paragraph, a substantial change in mode or character of operation shall include, but is not limited to: a 5% increase in the floor area of the premises; a 10% increase in the shelf area used for the display of alcoholic beverages; implementing a cover charge, that is, requiring payment from customers before they may enter the premises; or a 5% increase in the number of seats in any restaurant that serves alcoholic beverages, but in no case shall the increase exceed any established seating limitation in the underlying zoning district.

2. When an existing alcohol outlet with a Conditional Use Permit changes ownership or undergoes an interior remodel, it shall be subject to Zoning Conformance review to ensure compliance with the existing CUP.
(H) Notwithstanding any provisions of Santa Monica Municipal Code Section 9.31.290 to the contrary, the following regulations related to Restaurants with Entertainment shall apply:

9.31.290 Restaurants with Entertainment

10.B.a
Packet Pg. 1154 Attachment: 2023.07.25 - Promenade IZO [Revision 1] (5779 : Third Street Promenade Entertainment District Implementation (45 mins)) 55 A. Except as provided in subsection B, below, Restaurantsrestaurants may provide entertainment including but not limited to music, DJs, song, dance, stand-up comedy, and poetry readings for the patrons’ enjoyment if they meet the following standards.

1. There is sit down meal service provided at all times while the entertainment is taking place.

2. There is no permanent or temporary dance floor or dance area for patrons.

3. There is no cover charge or minimum drink purchase requirement.

4. The entertainment is provided only in the dining areas.

5. No more than three television screens including video projectors or similar audio/visual devices shall be utilized on the premises. None of these televisions or projection surfaces shall exceed 60 inches measured diagonally. No billiard/pool tables, video games, bowling, darts, and other similar entertainment activities may be provided.

6. Liquor bottle service shall be prohibited. Wine and beer bottle service shall not be available to patrons unless full meal service is provided concurrent with the bottle service. All food items shall be available from the full service menu. Bottle service shall mean the service of any full bottle of liquor, wine, or beer of more than 375 ml, along with glass ware, mixers, garnishes, etc., in which patrons are able to then make their own drinks or pour their own wine or beer.

7. No organized queuing of patrons at the entry or checking of identification to control entry into and within the establishment shall be permitted. There shall not be any age limitation imposed restricting access to any portion of the restaurant.

10.B.a
Packet Pg. 1155 Attachment: 2023.07.25 - Promenade IZO [Revision 1] (5779 : Third Street Promenade Entertainment District Implementation (45 mins)) 56 8. The establishment shall not organize or participate in organized “pub-crawl” events where participants or customers pre-purchase tickets or tokens to be exchanged for alcoholic beverages at the restaurant.

9. Establishments with amplified music shall comply with Section 4.12.140.

B. A restaurant with entertainment beyond the scope of these limitations in subsection B above shall also be considered a Bar/Nightclub/Lounge as defined in Chapter 9.51, and such entertainment use shall be prohibited unless a separate Conditional Use Permit for that use has been obtained.

B. Third Street Promenade Area. Notwithstanding the provisions of subsection A, restaurants located in the Third Street Promenade Area may provide entertainment including but not limited to music, DJs, song, dance, stand-up comedy, and poetry readings for the patrons’ enjoyment if they meet the following standards.

1. There is sit down meal service provided at all times while the entertainment is taking place.

2. The entertainment is provded indoors only within the dining areas.

3. Dancing shall be ancillary to the primary restaurant use and temporary dance areas may be provided within portion(s) of the dining area provided that seating for sit down meal service is available for patrons at all times while dancing is taking place.

4. There is no cover charge or minimum drink purchase requirement.

5. Establishment shall comply with SMMC Chapter 4.12 Noise, except that Section 4.21.140 Nightclubs, Bars and Establishments with Amplified Music shall not apply.

10.B.a
Packet Pg. 1156 Attachment: 2023.07.25 - Promenade IZO [Revision 1] (5779 : Third Street Promenade Entertainment District Implementation (45 mins)) 57 C. A restaurant with entertainment beyond the scope of the limitations set forth in subsections A or B above, as applicable, shall also be considered a Bar/Nightclub/Lounge as defined in Chapter 9.51, and such entertainment use shall be prohibited unless a separate Conditional Use Permit for that use has been obtained. (I) Notwithstanding any provisions of Santa Monica Municipal Code Section 9.31.370 to the contrary, the following regulations related to Temporary Uses and Seasonal Sales shall apply:

SMMC 9.31.370 Temporary Uses and Seasonal Sales
A. This Section establishes standards and requirements for certain uses that are intended to be of limited duration of time and that will not permanently alter the character or physical facilities of the site where they occur. Temporary uses shall require approval of a Temporary Use Permit pursuant to Chapter 9.44 with the following exceptions:

1. Seasonal sales of holiday-related items such as Christmas trees, pumpkins and similar items that have a duration of not more than 45 consecutive calendar days and are conducted in conjunction with an established retail commercial business holding a valid City business license or conducted by a school or place of worship;

2. Temporary carnivals, fairs, and festivals with a duration of not more than 3 days when conducted by a school or place of worship on land owned by the school or place of worship;

3. Art displays under the sponsorship of any recognized art organization or accredited school on any parking lot in any commercial or industrial district provided that the art display is on a Saturday, Sunday, or holiday when the place or places of business,

10.B.a
Packet Pg. 1157 Attachment: 2023.07.25 - Promenade IZO [Revision 1] (5779 : Third Street Promenade Entertainment District Implementation (45 mins)) 58 which have control of the parking lot are not open for business on the day the art display is to occur;

4. Trailers that provide residences for security personnel associated with any approved construction site;

5. Construction offices where approved construction projects are being diligently completed;

6. Yard sales limited to 2 per calendar year, for each dwelling unit, for a maximum of 2 days each;

7. Events which occur in theaters, meeting halls, or other permanent public assembly facilities;

8. Private social gatherings in private residences.

B. Temporary Uses Requiring a Temporary Use Permit. Temporary uses may be permitted with the approval of a Temporary Use Permit, pursuant to Chapter 9.44, Temporary Use Permits, subject to compliance with the standards. Additional or more stringent requirements may be established through the Temporary Use Permit process in order to prevent the use from becoming a nuisance with regard to the surrounding neighborhood or the City as a whole.

1. Stand-Alone Seasonal Sales. Seasonal sales of holiday related items such as Christmas trees, pumpkins, and similar items conducted for a period not to exceed 45 consecutive calendar days.

2. Temporary Outdoor Sales. Temporary outdoor sales conducted by an established retail commercial business holding a valid City business license, including,

10.B.a
Packet Pg. 1158 Attachment: 2023.07.25 - Promenade IZO [Revision 1] (5779 : Third Street Promenade Entertainment District Implementation (45 mins)) 59 but not limited to, grand opening events, sidewalk sales, and other special sales events subject to the following standards:
a. Temporary outdoor sales shall be conducted by an established retail commercial business holding a valid City business license for the same site. b. Outdoor display and sales areas must be located on a paved or concrete area on the same parcel as the structure(s) containing the business with which the temporary sale is associated.
c. Location of the displayed merchandise must not disrupt the normal circulation of the site, nor encroach upon driveways, pedestrian walkways, or required landscaped areas, or obstruct sight distances or otherwise create hazards for vehicle or pedestrian traffic.
d. Number of Events. No more than 4 events shall be allowed on any 1 site within any 12-month period, except sidewalk sales located on the public rightof-way shall be limited to 2 events for periods not exceeding 3 consecutive days each within any 12-month period. Business Improvement Districts and Areas shall be exempt from the limitations on number of events.

3. Special Events. Other short-term special events, outdoor sales, art sales, and displays that do not exceed 3 consecutive days, may be permitted in accordance with the following standards:
a. Location. Events are limited to nonresidential districts. b. Number of Events. No more than 4 events shall be allowed on any 1 site within any 12-month period.

10.B.a
Packet Pg. 1159 Attachment: 2023.07.25 - Promenade IZO [Revision 1] (5779 : Third Street Promenade Entertainment District Implementation (45 mins)) 60 c. Recreational Special Events. Short-term recreational special events shall be part of an existing Commercial Recreation or Personal Service use located on the same site.
d. Carnivals, Fairs, and Festival Events. Carnivals, fairs, and festival events are also subject to the following standards:
i. Location. Events are limited to areas within commercial or employment districts, or on land owned by a school or place of worship. ii. Time Limit. When located adjacent to a Residential District, the hours of operation shall be limited to 8:00 a.m. to 9:00 p.m.

4. Other Temporary Uses. The following temporary uses may also be permitted subject to the approval of a Temporary Use Permit when conducted for a period not to exceed 18045 consecutive calendar days:
a. Circuses and carnivals subject to compliance with Article 6 of the Municipal Code;
b. Fairs, festivals, and concerts, when not held within premises designed to accommodate such events, such as auditoriums, stadiums, or other public assembly facilities;
c. Off-site contractors’ construction yards;
d. Similar temporary uses or other temporary uses supportive of economic recovery, which the Director has determined will be compatible with the purposes of the district and surrounding land uses.
e. The Zoning Administrator may approve a single extension of a Temporary Use Permit under this subsection for an additional 180 days, subject to any

10.B.a
Packet Pg. 1160 Attachment: 2023.07.25 - Promenade IZO [Revision 1] (5779 : Third Street Promenade Entertainment District Implementation (45 mins)) 61 additional operational conditions as deemed necessary, and subject to a finding that the operation of the approved temporary use at the location and within the time period specified operated in a manner that did not jeopardize, endanger, or otherwise constitute a menace to the public health, safety, or general welfare. Any proposed extension exceeding 180 days not meeting the requirements of this subsection e shall be subject to Minor Use Permit approval pursuant to Subsection C below.

C. Temporary Uses Requiring a Minor Use Permit. Other special events, temporary uses, outdoor sales, and displays not specifically limited under this Section that exceed 18045 consecutive calendar days shall require the approval of a Minor Use Permit pursuant to Chapter 9.41, Minor Use Permits and Conditional Use Permits. (J) Notwithstanding any provisions of Santa Monica Municipal Code Section 9.44.060 to the contrary, the following regulations related to Temporary Uses Requiring a Minor Use Permit shall apply:

SMMC 9.44.060 Temporary Uses Requiring a Minor Use Permit Other special events, temporary uses, outdoor sales, and displays not specifically limited under Section 9.31.370 that exceed 18045 consecutive calendar days shall require the approval of a Minor Use Permit pursuant to Chapter 9.41, Minor Use Permits and Conditional Use Permits
SECTION 2. Any provision of the Santa Monica Municipal Code or any appendix thereto inconsistent with the provisions of this Interim Zoning Ordinance, to the extent of such inconsistencies and no further, is hereby repealed or modified to that extent necessary to effect the provisions of this Interim Zoning Ordinance.

10.B.a
Packet Pg. 1161 Attachment: 2023.07.25 - Promenade IZO [Revision 1] (5779 : Third Street Promenade Entertainment District Implementation (45 mins)) 62 SECTION 3. If any section, subsection, sentence, clause, or phrase of this Interim Zoning Ordinance is for any reason held to be invalid or unconstitutional by a decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this Interim Zoning Ordinance. The City Council hereby declares that it would have passed this Interim Zoning Ordinance and each and every section, subsection, sentence, clause, or phrase not declared invalid or unconstitutional without regard to whether any portion of the Interim Zoning 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 Interim Zoning Ordinance. The City Clerk shall cause the same to be published once in the official newspaper within 15 days after its adoption. This Interim Zoning Ordinance shall become effective 30 days after its adoption.

APPROVED AS TO FORM:
_________________________
Douglas Sloan, City Attorney

10.B.a
Packet Pg. 1162 Attachment: 2023.07.25 - Promenade IZO [Revision 1] (5779 : Third Street Promenade Entertainment District Implementation (45 mins)) From: Andrew Thomas
To: councilmtgitems
Subject: Promenade Revitalization and the Downtown Interim Zoning Ordinance Update - July 25, 2023 Santa Monica City Council Agenda Item 10B
Date: Friday, July 21, 2023 12:35:56 PM
Attachments: Downtown IZO Letter of Support, July 21, 2023.pdf

EXTERNAL
Dear Mayor Davis, Mayor Pro Tem Negrete, and Honorable Council Members, At the July 20, 2023, DTSM, Inc. Board of Directors meeting, the DTSM, Inc. Board unanimously supported the proposed interim zoning ordinance to promote economic recovery in the City’s Downtown Districts, including the Third Street Promenade Area. Earlier zoning amendments have been critical to the economic recovery efforts in Downtown Santa Monica.

DTSM, Inc. asks the Santa Monica City Council to support the City staff recommendation for this agenda item (10.B) at the Council meeting on July 25, 2023.

The DTSM, Inc. Board believes that the proposed amendments will continue the City’s economic recovery goals and support the City’s efforts to be flexible and innovative in attracting businesses to Downtown.

These amendments will encourage entertainment and nightlife uses to choose the Third Street Promenade Area District, and loosened alcohol restrictions will enable our businesses to benefit from an important economic driver.

Allowing the Director of Community Development to consider commercial uses not clearly defined in the Zoning Code, and extending the number of days covered by Temporary Use Permits, will ensure exciting new uses can join our Downtown and have the greatest chance of success. We also appreciate the inclusion of amendments to activate the rooftops of our Downtown parking structures, and we look forward to welcoming an outdoor cinema concept to the rooftop of Parking Structure 6.

For the reasons listed above, DTSM, Inc. supports the proposed interim zoning ordinance to promote economic recovery and encourages you to support the City staff recommendations.

Sincerely,
Andrew Thomas, CEO, Downtown Santa Monica, Inc.
cc:

DTSM, Inc. Board of Directors
DTSM, Inc. Staff
David White, City Manager
David Martin, Community Development Director
Jennifer Taylor, Economic Development Manager
ITEM 10.B.

JULY 25, 2023
ITEM 10.B.

JULY 25, 2023

10.B.b
Packet Pg. 1163 Attachment: Written Comments (5779 : Third Street Promenade Entertainment District Implementation (45 mins)) Andrew Thomas, LPM
Chief Executive Officer
Downtown Santa Monica, Inc.
1351 Third Street Promenade, Ste. 201
Santa Monica, CA 90401
310.393.8355 (Office)
www.DowntownSM.com
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Sign up for our newsletter
ITEM 10.B.

JULY 25, 2023
ITEM 10.B.

JULY 25, 2023

10.B.b
Packet Pg. 1164 Attachment: Written Comments (5779 : Third Street Promenade Entertainment District Implementation (45 mins)) July 21, 2023
Mayor Davis,
Mayor Pro Tem Negrete,
and Santa Monica City Council Members
City of Santa Monica
1685 Main Street
Santa Monica, CA 90401
Re: Promenade Revitalization and the Downtown Interim Zoning Ordinance Update - July 25, 2023 Agenda Item 10B
Dear Mayor Davis, Mayor Pro Tem Negrete, and Honorable Council Members, At the July 20, 2023, DTSM, Inc. Board of Directors meeting, the DTSM, Inc. Board unanimously supported the proposed interim zoning ordinance to promote economic recovery in the City’s Downtown Districts, including the Third Street Promenade Area. Earlier zoning amendments have been critical to the economic recovery efforts in Downtown Santa Monica. DTSM, Inc. asks the Santa Monica City Council to support the City staff recommendation for this agenda item (10.B) at the Council meeting on July 25, 2023.

The DTSM, Inc. Board believes that the proposed amendments will continue the City’s economic recovery goals and support the City’s efforts to be flexible and innovative in attracting businesses to Downtown.

These amendments will encourage entertainment and nightlife uses to choose the Third Street Promenade Area District, and loosened alcohol restrictions will enable our businesses to benefit from an important economic driver.

Allowing the Director of Community Development to consider commercial uses not clearly defined in the Zoning Code, and extending the number of days covered by Temporary Use Permits, will ensure exciting new uses can join our Downtown and have the greatest chance of success. We also appreciate the inclusion of amendments to activate the rooftops of our Downtown parking ITEM 10.B.

JULY 25, 2023
ITEM 10.B.

JULY 25, 2023

10.B.b
Packet Pg. 1165 Attachment: Written Comments (5779 : Third Street Promenade Entertainment District Implementation (45 mins)) structures, and we look forward to welcoming an outdoor cinema concept to the rooftop of Parking Structure 6.

For the reasons listed above, DTSM, Inc. supports the proposed interim zoning ordinance to promote economic recovery and encourages you to support the City staff recommendations.

Sincerely,
Andrew Thomas, CEO
Downtown Santa Monica, Inc.
cc: DTSM, Inc. Board of Directors
DTSM, Inc. Staff
David White, City Manager
David Martin, Community Development Director
Jennifer Taylor, Economic Development Manager
1351 Third Street Promenade, Suite 201, Santa Monica, CA I 310.393.8355 I [email protected] ITEM 10.B.

JULY 25, 2023
ITEM 10.B.

JULY 25, 2023

10.B.b
Packet Pg. 1166 Attachment: Written Comments (5779 : Third Street Promenade Entertainment District Implementation (45 mins)) City Council
Interim Zoning Ordinance
Third Street Promenade & Economic Recovery
July 25, 2023

10.B.c
Packet Pg. 1167 Attachment: PowerPoint Presentation (5779 : Third Street Promenade Entertainment Promenade IZO
Background | Continued Support in Economic Recovery for Businesses October 11, 2022 | Citywide & Promenade Economic Recovery Amendments  Streamlined Review for Commercial Uses, Expanded Alcohol Exemptions  Allowed Greater Flexibility in Reoccupying Existing Tenant Spaces  Relaxed Parking & Loading Requirements for Changes of Use  Established the “Third Street Promenade Area”
 Third Street Promenade
 South Side Wilshire
 East Side 4th Street
 North Side Broadway
 West Side 2nd Street

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Packet Pg. 1168 Attachment: PowerPoint Presentation (5779 : Third Street Promenade Entertainment Promenade IZO
Background | Continued Support in Economic Recovery for Businesses March 14, 2023 | Outdoor Space Program
 For Businesses Using Outdoor Space on Privately-Owned Commercial Property  Restaurants, Fitness, Personal Services, Retail, etc.  Encourages Use of Outdoor Space/Supportive of Economic Recovery January 24, 2023 | Council Discussion – Strategies to Revitalize the Promenade  1200 Block: Consider an Arts and Entertainment District  Expand Outdoor Dining Opportunities
 Promote Available Tenant Space and Development Opportunities  Expand Allowable Commercial Uses
 Partner with DTSM on Street Performers

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Packet Pg. 1169 Attachment: PowerPoint Presentation (5779 : Third Street Promenade Entertainment Proposed Promenade IZO

1. Allows greater flexibility for restaurants that provide entertainment within the Third Street Promenade Area

2. Expands Alcohol Exemption (AE) permits to other uses for further streamlining review, corrects/refines existing AE conditions

3. Allows outdoor rooftop commercial uses on public parking structures owned by the City

4. Allows Director of Planning to consider commercial uses that are not clearly defined in the Zoning Code

5. Allows longer term for Temporary Use Permits (6 months)

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Packet Pg. 1170 Attachment: PowerPoint Presentation (5779 : Third Street Promenade Entertainment Restaurants with Entertainment
 Allows greater flexibility/options for restaurants to provide entertainment within the Third Street Promenade Area
 Encourages a more active nightlife/entertainment presence Restaurants w/Entertainment Standards (Citywide): Purpose  To ensure that restaurants do not operate as bars/nightclubs which typically require Conditional Use Permits
 Changes would eliminate restrictions on dancing, checking ID upon entry, bottle service, pub crawl events, pool tables/arcade games/etc, storefront improvements for amplified music

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Packet Pg. 1171 Attachment: PowerPoint Presentation (5779 : Third Street Promenade Entertainment Alcohol Exemptions
 Expand Eligible Uses & Update Operational Standards
ZO Amendments (2022): Expanded to Bars/Nightclubs, Retail, Liquor Stores  Expand AE Eligibility & Establish Operational Standards for the following:

Outdoor Rooftop Uses | Cultural Facilities | Instructional Services Commercial Entertainment/Recreation | Convenience Markets  Updated Operational Standards for the following:

Restaurants | Bars/Nightclubs/Lounges | Food Halls
General Retail Sales | Liquor Stores

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Packet Pg. 1172 Attachment: PowerPoint Presentation (5779 : Third Street Promenade Entertainment Outdoor Rooftop Uses
Third Street Promenade Area:
 Allow certain Outdoor Commercial Uses on the Rooftop of City-Owned Parking Structures.

Rooftop Cinemas | Community Assembly | Community Gardens Small/Large Scale Entertainment/Recreation Facilities
 Exempt from Floor Area/FAR & Developer Linkage/Impact Fees  Rooftop Cinemas | Allow Projections Above Parking Surface Level:

Cinema Screens (25’) | Concession Stands, Restrooms, Storage (15’)

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Packet Pg. 1173 Attachment: PowerPoint Presentation (5779 : Third Street Promenade Entertainment Land Use Flexibility
 Allows Director of Community Development or designee to consider uses that are not clearly defined in the Zoning Code provided that:
 Use is similar, consistent with, and no more disturbing or disruptive than uses that are permitted or conditionally permitted within all Downtown Community Plan Districts
 Would assist creative and unique business proposals:
 Hybrid of Uses
 Uses Restricted Operationally based on Use Classification Definition

10.B.c
Packet Pg. 1174 Attachment: PowerPoint Presentation (5779 : Third Street Promenade Entertainment Temporary Use Permits | Other Clerical Amendments
 Temporary Use Permits (Consistent with recent Econ IZO) (Citywide)  Allow term of permit up to 180 days without a Minor Use Permit  Allow one-time permit extension of 180 days subject to added conditions and findings.
 Other Clerical Amendments Related to Economic Recovery Third Street Promenade Area:
 Correcting Bar/Nightclub to Permitted Use, subject to an AE Permit  Clarify that Liquor Stores are Permitted Use, subject to an AE Permit

9.28.040(A)(5) Parking Exclusions:
 Outdoor Space Program: Parking Exclusions language added back to ZO

10.B.c
Packet Pg. 1175 Attachment: PowerPoint Presentation (5779 : Third Street Promenade Entertainment 1200 Block Promenade | Arts/Entertainment
 Proposed changes: streamlined review path for arts/entertainment type uses while staff continues to evaluate the 1200 Block as an active hub.  Encourages a more active nightlife/entertainment presence Future Evaluation of the 1200 Block
 Engage with a consultant to explore opportunities on activating public spaces (such as sidewalks for seating/service area) on the Promenade  While providing for public safety and emergency service access on the Third Street Promenade.

10.B.c
Packet Pg. 1176 Attachment: PowerPoint Presentation (5779 : Third Street Promenade Entertainment Additional Feedback | New Changes
 Received additional feedback following posting of Staff Report  SM Place contributes to overall economic vitality of the Promenade Area  SM Place: provide flexibility in land use, restaurant operations. & AE Permits.

Staff Recommends the following changes

1. Expand AE Permit Eligible Uses to SM Place
(consistent with Third Street Promenade Area)

10.B.c
Packet Pg. 1177 Attachment: PowerPoint Presentation (5779 : Third Street Promenade Entertainment Additional Feedback | New Changes

2. Section 9.31.290(B): Restaurants w/Entertainment
Allow SM Place restaurants to have the same flexibility as Third Street Promenade Area restaurants

3. Land Use Table 9.10.040: Large-Scale Facility (commercial entertainment) Exempt SM Place from Limitation L(21)
Limitation L(21): Except in Santa Monica Place, N no individual Fitness Center tenant space shall exceed 100 linear feet of ground floor street frontage without the approval of a Conditional Use Permit.

10.B.c
Packet Pg. 1178 Attachment: PowerPoint Presentation (5779 : Third Street Promenade Entertainment Proposed Promenade IZO
 IZO reflects short/medium-term policy of streamlining the review for restaurants and other uses (museums,
instructional uses) seeking to provide alcohol service.  Expands outdoor uses on rooftops of City Parking Structures  Provides immediate Zoning Flexibility in response to feedback from businesses interested in the Promenade area.
 Clerical fixes and clarifies zoning language of prior economic recovery- related amendments

10.B.c
Packet Pg. 1179 Attachment: PowerPoint Presentation (5779 : Third Street Promenade Entertainment Recommendation | Adopt Interim Zoning Ordinance

1. Adopt CEQA finding that IZO Amendments are Categorically Exempt pursuant to Sections 15301, 15303, 15304;

2. Introduce for first reading an IZO to promote economic recovery in the City’s Downtown Districts, including Third Street Promenade Area, and provide other minor and clerical amendments to the Zoning Ordinance related to economic
recovery.

10.B.c
Packet Pg. 1180 Attachment: PowerPoint Presentation (5779 : Third Street Promenade Entertainment  Land Use Table 9.10.040: Large-Scale Facility (commercial entertainment) Exempt SM Place from Limitation L(21)
Limitation L(21): Except in Santa Monica Place, N no individual Fitness Center tenant space shall exceed 100 linear feet of ground floor street frontage without the approval of a Conditional Use Permit.

Attachment A

10.B.c
Packet Pg. 1181 Attachment: PowerPoint Presentation (5779 : Third Street Promenade Entertainment D. Alcohol Exemption Zoning Conformance Permit.

1. Citywide Excluding Third Street Promenade Area, Santa Monica Place, and Santa Monica Pier. Except as provided in paragraphs 2 and 3, below, limited and full-service restaurants that offer alcoholic beverages incidental to meal service that are located citywide, excluding in the Third Street Promenade Area and the area bounded by 2nd Street to the west, Broadway to the north, 4th Street to the east, and Colorado to the south, shall be exempt from the provisions of the Conditional Use Permit requirement of subsection B of this Section if such a permit is approved in writing by the Director and if the applicant agrees in writing to comply with all of the following criteria and conditions:

Attachment A

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Packet Pg. 1182 Attachment: PowerPoint Presentation (5779 : Third Street Promenade Entertainment

2. Third Street Promenade Area and Santa Monica Place. Notwithstanding the provisions of paragraph 1, above, in the Third Street Promenade Area and the area bounded by 2nd Street to the west, Broadway to the north, 4th Street to the east, and Colorado to the south, the following uses that offer alcoholic beverages incidental to the primary use, including bars/nightclubs/lounges that primarily serve alcoholic beverages, shall be exempt from the provisions of the Conditional Use Permit requirement of subsection B of this Section if such a permit is approved in writing by the Director and if the applicant agrees in writing to comply with all of the following criteria and conditions established for each use:

Attachment A

10.B.c
Packet Pg. 1183 Attachment: PowerPoint Presentation (5779 : Third Street Promenade Entertainment B. Third Street Promenade Area and Santa Monica Place. Notwithstanding the provisions of subsection A, restaurants located in the Third Street Promenade Area and the area bounded by 2nd Street to the west, Broadway to the north, 4th Street to the east, and Colorado to the south, may provide entertainment including but not limited to music, DJs, song, dance, stand-up comedy, and poetry readings for the patrons’ enjoyment if they meet the following standards.

Attachment A

10.B.c
Packet Pg. 1184 Attachment: PowerPoint Presentation (5779 : Third Street Promenade Entertainment Proposed Promenade IZO
Environmental Analysis
Categorically Exempt from CEQA
 Section 15301 (Class 1 Existing Facilities): allows for minor alterations to existing structures to allow proposed land uses.
 Section 15303 (Class 3 New Construction or Conversion): allows for conversion of land uses and minor construction and conversion of outdoor space
 Section 15304 (Class 4 Minor Alterations to Land): allows minor temporary use of land having negligible or no permanent effects on the environment (such as temporary uses)

10.B.c
Packet Pg. 1185 Attachment: PowerPoint Presentation (5779 : Third Street Promenade Entertainment City Council
Report
City Council Meeting: July 25, 2023
Agenda Item: 10.C
1 of 12
To: Mayor and City Council
From: David Martin, Director, City Planning
Subject: Introduction and First Reading of an Ordinance Amending the Text of the Zoning Ordinance to Provide Incentives for Certain Housing Projects That Filed an Application Prior to Implementation of the City’s 6th Cycle (2021- 2029) Housing Element
Recommended Action
Staff recommends that the City Council:

1. Adopt a finding that no subsequent environmental review is required pursuant to California Environmental Quality Act (CEQA) Guidelines Section15162 based on a determination that the adoption of development incentives as set forth in the proposed ordinance amending the Zoning Ordinance was analyzed as part of the 2021-2029 6th Cycle Housing Element Environmental Impact Report (EIR) [SCH No. 2020100575] that was certified by the City Council on October 12, 2021 with an Addendum to the EIR approved by the City Council on October 11, 2022.

2. Introduce for first reading an Ordinance amending the text of the Zoning Ordinance to provide incentives for certain housing projects that filed an application prior to implementation of the City’s 6th Cycle (2021-2029) Housing Element.

Executive Summary
This report provides a summary of a proposed Zoning Ordinance amendment that would establish certain housing development incentives for applicants that have asserted eligibility for processing under the “builder’s remedy” provision of the Housing Accountability Act (“HAA”), California Government Code section 65589.5(d). These housing project applications were filed prior to the State of California’s Housing and Community Development Department’s (“HCD”) certification of the City’s 6th Cycle (2021-2029) Housing Element on October 14, 2022.

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The City Council is being asked to consider a proposed Ordinance amending Santa Monica Municipal Code (“SMMC”) Chapter 9.31 for the purpose of incentivizing the production of housing on certain parcels subject to applications for housing development projects that have asserted eligibility for processing under the “Builder’s Remedy” provision of the Housing Accountability Act, California Government Code section 65589.5(d), that were filed between September 30, 2022 and October 13, 2022, prior to certification of the 6th Cycle (2021-2029) Housing Element.

As discussed in the Background section of this report, on May 9, 2023, the Santa Monica City Council approved a Settlement Agreement with WS Communities, LLC and its affiliates (“WS” or “owners”), the owners of 13 Builder’s Remedy housing projects development sites with pending applications. The Settlement Agreement addresses the disposition of these Builder’s Remedy applications and also provides an option, but does not require, the City Council to adopt a permanent ordinance to allow use of the ministerial development process already authorized in the Housing Element implementing ordinance adopted on April 11, 2023. If adopted, these incentives would further incentivize voluntary use of the ministerial development process authorized for housing projects in the April 11, 2023 Zoning Ordinance amendments as an alternative to the submitted Builder’s Remedy projects that significantly exceed codified development standards, including building height and floor area ratio (“FAR”).

Background
The City’s 6th Cycle (2021-2029) Housing Element was certified by the California Department of Housing and Community Development (“HCD”) on October 14, 2022.

Prior to that certification, between September 30, and October 13, 2022, the City received 15 preliminary applications for housing development projects pursuant to Government Code Section 65941.1. The applicants for the 15 housing development projects assert that the projects are eligible for processing under the Builder’s Remedy provision of the Housing Accountability Act, California Government Code section 65589.5(d), (the “Builder’s Remedy applications”).

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The Builder’s Remedy provision prohibits a local agency from disapproving a housing development project, that provides at least 20 percent of total units for very low, low-, or moderate-income households, or condition approval in a manner that renders the housing development project infeasible for development for the use of very low, low-, or moderate-income households unless the local agency is able to make certain specific findings, including, but not limited to, the housing development project is inconsistent with both the jurisdiction's zoning ordinance and general plan land use designation as specified in any element of the general plan as it existed on the date the application was deemed complete, and the jurisdiction has adopted a housing element that is in substantial compliance with State Housing Element law.

The Builder’s Remedy applications propose housing development projects that are inconsistent with the City’s Land Use and Circulation Element (“LUCE”) and Zoning Ordinance, in part, because the housing development projects exceed height and floor area ratio (“FAR”) maximums.

On April 11, 2023, the City Council adopted Ordinance Number 2742 (CCS), implementing the certified 6th Cycle (2021-2029) Housing Element (“Ordinance 2742”), in conjunction with the Housing Element Environmental Impact Report (EIR) [SCH No. 2020100575] that was certified by Council on October 12, 2021, with an Addendum to the EIR approved on October 11, 2022. The implementation incentivizes housing production in order to meet the City’s Regional Housing Needs Assessment and Affirmatively Furthering Fair Housing obligations mandated by State law through, among other things, providing for increased heights and FARs in the City’s nonresidential districts, and streamlined ministerial approval processes for housing projects that are consistent with the City’s objective standards.

On May 9, 2023, the Santa Monica City Council approved a Settlement Agreement with WS, the owners of the following properties:
• 1433-1437 6th Street,
• 601 Colorado Avenue,

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• 1518-1524 7th Street,
• 1441-1443 Lincoln Boulevard,
• 3000-3030 Nebraska Avenue,
• 2901 Santa Monica Boulevard,
• 1425 5th Street,
• 1557 7th Street,
• 1238 7th Street,1925 Broadway,
• 1238-1242 10th Street,
• 1007 Lincoln Boulevard, and
• 1038 10th Street.

The Settlement Agreement addresses the status of 13 of the pending Builder’s Remedy applications filed by WS. The City and owners of these properties disagree on the applicability of the Builder’s Remedy statute. Consequently, the parties elected to settle various disputes involving the Builder’s Remedy projects and unrelated litigation.

Specifically, the parties agreed to settle pending litigation against each other pertaining to the City’s leasing ordinance (requiring leasing periods of no less than one year) and alleged violations of consumer and tenant protection laws by the City against certain WS affiliates. The Settlement Agreement provides financial benefits for three recently displaced tenants of 1242 10th Street and guarantees them the right to return. The Settlement Agreement would also authorize the transfer of 20 deed-restricted affordable units from 1560 Lincoln Boulevard to 1038 10th Street.

The Settlement Agreement also includes a completely optional component that the City is under no obligation to pursue and that provides reciprocal benefits to the parties independent of the other provisions of the Settlement Agreement. Under these optional provisions, the City may adopt an ordinance that contemplates WS’s use of the ministerial development process already authorized in Ordinance 2742. If adopted, these incentives would further facilitate the owners’ voluntary use of the ministerial

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development process previously authorized in Ordinance 2742, rather than continue to propose development under the Builder’s Remedy statute.

On June 19, 2023, the Planning Commission adopted Resolution No. 23-011 (PCS) (Attachment “B”) recommending to the City Council that the Council amend the text of the Zoning Ordinance to provide incentives for certain housing projects that filed an application prior to implementation of the City’s 6th Cycle (2021-2029) Housing Element.

Discussion
As presented in the Background section of this report, the Settlement Agreement approved between the City and WS addresses the disposition of 13 of the Builder’s Remedy projects submitted by WS. The Settlement Agreement specifies that processing of these 13 Builder’s Remedy applications have been temporarily suspended; confirms the applicability of the new development standards and process streamlining for housing projects approved on April 11, 2023 through Ordinance 2742 to implement the certified Housing Element; and establishes the option for the City to adopt a permanent ordinance to create additional incentives for applicants to propose new housing development projects on these sites that would be consistent with the City’s LUCE and Zoning Ordinance and therefore subject to ministerial/administrative review.

The Proposed ordinance (Attachment “A”) provides the redline amendments to the Zoning Ordinance that are contemplated by the Settlement Agreement. If adopted by the City Council, the owner of each development site may, but is in no way obligated to, utilize these provisions, which would provide the following local incentives:

Affordable Housing Units
Affordable housing obligations for projects proposed under the Zoning Ordinance amendments (“Ordinance Projects”) may be provided off-site at any commercially or residential zoned parcel in the City outside of the Pico Neighborhood Area as identified

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SMMC Figure 9.40.020.A (the “Off-site Affordable Option”). The Off-site Affordable Option may not be utilized on properties improved with residential units.

In exercising the Off-site Affordable Option, the Ordinance Project would be required to provide 15% of the total number of base density (i.e., pre density bonus) units as off-site affordable housing units, as opposed to the 20% off-site affordable requirement, which was recently adopted consistent with the certified Housing Element.

State Density Bonus Benefits.

Under the State Density Bonus Law, the required affordable units must be provided onsite as part of the development project to be eligible for a density bonus and related benefits. However, the Off-Site Affordable Option would allow the same State Density Bonus Law benefits (i.e., up to a 50% market rate density bonus, three permitted incentives, and additional waivers of development standards) as if the affordable units were to be provided on-site.

Timing for Completion
Under the Off-Site Affordable Option, the off-site affordable units would need to receive a certificate of occupancy prior to issuance of a certificate of occupancy for the market rate units. However, nothing would prevent the market rate units from obtaining a building permit and commencing construction concurrent with or prior to the corresponding off-site affordable units.

Parking Benefit
Any Ordinance Project located within the Downtown Community Plan area would also be allowed a maximum of one parking space per unit under the Ordinance, as opposed to the current maximum requirement of one-half space per unit.

Termination
The provisions for Affordable Housing Units, State Density Bonus Benefits, and Timing of Completion would terminate and upon issuance of Administrative Approval applications for a total of 965 “additional units”. For purposes of this requirement,

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“additional units” means the total amount of units provided by one or more eligible Ordinance Projects, including market rate, affordable, on-site and off-site units, that exceed the collective unit capacity allocated to the properties associated with the Ordinance Projects under the Suitable Sites Inventory for the City’s 6th Cycle (2021- 2029) Housing Element.

This provision does not impose any limit on the number of units of the Ordinance Projects (either individually or collectively) that do not utilize the off-site Affordable Housing benefits.

In addition, the Parking Benefit will continue to apply to any Ordinance Projects located within the Downtown Community Plan area in the event that the criteria for Termination are met.

Conclusion
As demonstrated above, the primary benefit of the proposed Zoning Ordinance is the ability to locate affordable units off-site and still obtain the benefits under the State Density Bonus Law, which would otherwise require all affordable units to be located onsite. However, practical considerations, such as control of other appropriate sites, could effectively prevent or discourage project site owners from utilizing this incentive.

Additionally, whether or not the Ordinance is utilized, projects proposed at Sites would be subject to the City’s Administrative Approval processing, which is already codified as Downtown Community Plan Section 9.10.050(B) and Municipal Code Chapter 9.39, and expedited processing timelines provided under the Settlement Agreement independent of the Ordinance.

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 amendments incentivize the production of housing projects that are consistent with the General Plan and any applicable Specific Plan on parcels that are subject to

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pending applications for housing development projects that have asserted eligibility for processing under the “Builder’s Remedy” provision of the Housing Accountability Act (California Government Code section 65589.5(d)), that were filed prior to certification of the City’s 6th Cycle (2021-2029) Housing Element.

These Builder’s Remedy applications do not comply with General Plan or applicable Specific Plan standards for Floor Area Ratio or building height. The new projects that may be submitted in accordance with the text amendments would comply with General Plan and applicable Specific Plan development standards for Floor Area Ratio and building height and provide new deedrestricted affordable and market-rate housing units in Santa Monica.

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 incentivize the production of General Plan, Specific Plan, and Zoning Ordinance compliant housing on parcels that are subject to pending applications for housing development projects that have asserted eligibility for processing under the “Builder’s Remedy” provision of the Housing Accountability Act (California Government Code section 65589.5(d)), that were filed prior to certification of the City’s 6th Cycle (2021-2029) Housing Element.

These Builder’s Remedy applications do not comply with General Plan or Zoning Ordinance standards for Floor Area Ratio or building height. The new projects that may be submitted in accordance with the text amendments would comply with General Plan, Specific Plan, and Zoning Ordinance development standards for Floor Area Ratio and building height and therefore promote the orderly growth of the City in a manner that protects public health, safety and general welfare in comparison to projects that exceed General Plan, Specific Plan, and Zoning Ordinance development parameters.

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Effective Date of Action
If adopted, the proposed Zoning Ordinance amendment would take effect 30 days after second reading of the ordinance which is anticipated to be scheduled on July 25, 2023.

Environmental Analysis
An analysis of the proposed Zoning Ordinance Amendments was prepared pursuant to State California Environmental Quality Act (CEQA) Guidelines. Based on this analysis, the 6th Cycle Housing Element Final Environmental Impact Report (SCH No. 20212269242021), certified on October 12, 2021, and the Addendum to the Final EIR, adopted on October 11, 2022, accounts for and analyzes the potential environmental effects associated with the proposed Zoning Ordinance Amendments and Ordinance Projects. Therefore, the proposed Zoning Ordinance Amendments do not trigger any of the conditions described in CEQA Guidelines Section 15162 that would require the preparation of a supplemental EIR or negative declaration pursuant to CEQA Guidelines Section 15168(c).

The following provides the summary of this analysis:

The Housing Element EIR analyzed a total of 11,025 housing units planned in the City during the 6th Cycle period of 2021-2029. Subsequent to certification of the Housing Element EIR, the City revised the Housing Element and prepared an addendum to the Housing Element EIR (“Housing Element Addendum”) that analyzed the total planned number of units in the City from 11,025 to 13,600 housing units.

The Suitable Site Inventory (“SSI”) contained in the certified Housing Element is the City’s roadmap to achieving the commitment of 13,600 units and identifies specific sites for housing along with their potential housing capacity. Although the certified Housing Element calls for, and the SSI accommodates, 13,600 units, the Housing Element Addendum “conservatively considers maximum theoretical buildout with an additional 10-percent increase, for a total of 14,565 dwelling units.” Therefore, the Housing

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Element Addendum provides a 965-unit buffer (“Buffer”) to cover and analyze potential environmental effects for units proposed beyond those accounted for in the certified Housing Element SSI.

The proposed Zoning Ordinance Amendments will restrict the density of the projects proposed under the proposed Ordinance (“Ordinance Projects”) (including the related offsite affordable receiver sites) to no more than the unit capacity assumed in the SSI at the site (the “SSI Credit”) plus any additional units beyond the SSI Credit so long as the additional units collectively proposed for Ordinance Projects do not exceed the buffer of 965 units. Since the proposed provisions for Affordable Housing Units, State Density Bonus Benefits, and Timing of Completion for Ordinance Projects would terminate and upon issuance of Administrative Approval applications for a total of 965 additional units, the potential environmental impacts resulting from amendments to the Zoning Ordinance have been adequately analyzed in the Housing Element EIR and Addendum and do not trigger any of the conditions described in CEQA Guidelines Section 15162 that would require the preparation of a supplemental EIR or negative declaration pursuant to CEQA Guidelines Section 15168(c).

Past Council Actions
Meeting Date Description
October 11, 2022 Adoption of Resolution Amending the 6th Cycle (2021-2029) Housing Element to
the City’s General Plan and Approval of
Addendum to the Final Environmental
Impact Report for the
6th Cycle (2021-2029) Housing
Element
February 22 and February 28, 2023 Study Session on Implementation of 6th Cycle (2021-2029) Housing Element
Programs
March 21, 2023 and April 11, 2023 Adoption of a finding that various amendments necessary to implement the
City’s Certified 6th Cycle (2021-2029)

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Housing Element were analyzed as part
of the 2021-2029 6th Cycle Housing
Element Environmental Impact Report
(EIR) and Addendum, and no further
review pursuant to the California
Environmental Quality Act (CEQA) is
required
First and Second Reading, as required:

Adoption of ordinances for amendments
to the LUCE, DCP, BAP, and Zoning
Ordinance, LUCE designation map, and
Zoning Districting Map, LUCE
designation map, and Zoning Districting
Map implementing Certified 6th Cycle
(2021-2029) Housing Element programs
May 9, 2023 City Council approved a Settlement
Agreement with WS, the owners of the
following properties: 1433-1437 6th
Street, 601 Colorado Avenue, 1518-1524
7th Street, 1441-1443 Lincoln Boulevard,
3000-3030 Nebraska Avenue, 2901
Santa Monica Boulevard, 1425 5th
Street, 1557 7th Street, 1238 7th
Street,1925 Broadway, 1238-1242 10th
Street, 1007 Lincoln Boulevard, and
1038 10th Street
Financial Impacts and Budget Actions
There is no immediate financial impact or budget action necessary as a result of the recommended action. Staff will return to Council if specific budget actions are required in the future.

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

A. Attachment A CDD-Ord-Incentives for Certain Housing Projects 072523 B. Attachment B PC Resolution 23-011.docx
C. Written Comments
D. PowerPoint Presentation

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1 City Council Meeting: July 25, 2023 Santa Monica, California ORDINANCE NUMBER _________ (CCS)
(City Council Series)

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA TO AMEND THE TEXT OF THE CITY’S ZONING ORDINANCE TO PROVIDE

INCENTIVES FOR CERTAIN HOUSING PROJECTS THAT FILED AN APPLICATION PRIOR TO IMPLEMENTATION OF THE CITY’S 6TH CYCLE (2021-2029) HOUSING

ELEMENT
WHEREAS, the Housing Element Law, California Government Code Sections 65580 et seq., requires the City to review and update the Housing Element of its General Plan every eight years; and
WHEREAS, the State is experiencing a housing supply crisis, with housing demand far outstripping supply; and
WHEREAS, in 2018, California ranked 49th out of the 50 states in housing units per capita; and
WHEREAS, the housing crisis has particularly exacerbated the need for affordable homes at prices below market rates; and
WHEREAS, the housing crisis has resulted in increased poverty and homelessness, especially first-time homelessness, forced lower income residents into crowded and unsafe housing in urban areas, and forced families into lower cost new housing in greenfields at the urban-rural interface with longer commute times and a higher exposure to fire hazard; and

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Packet Pg. 1198 Attachment: Attachment A CDD-Ord-Incentives for Certain Housing Projects 072523 (5865 : Zoning Ordinance Regarding Development 2 WHEREAS, California needs an estimated 180,000 additional homes annually to keep up with population growth, and the Governor has called for 3.5 million new homes to be built over 7 years; and
WHEREAS, the City received a Regional Housing Needs Assessment (“RHNA”) allocation for the 6th Cycle (2021-2029) Housing Element of approximately 8,895 housing units, with approximately 70 percent allocated as affordable housing; and WHEREAS, this RHNA allocation will require the City to permit approximately 1,000 housing units annually between 2021 and 2029, 700 of which are required to be affordable housing, representing an increase of approximately five times over the City’s RHNA allocation for the 5th Cycle (2013-2021) Housing Element; and WHEREAS, in September 2020, the City commenced a public outreach process for the 6th Cycle Housing Element, which consisted of creation of a dedicated website, presenting informational webinars, seeking input through questionnaires and surveys, forming two technical working groups, and conducting a series of study sessions with the Planning Commission, Housing Commission, Rent Control Board, and the City Council; and
WHEREAS, on or about May 24, 2021, City staff published a Draft 6th Cycle Housing Element (“Draft Housing Element”); and
WHEREAS, on June 2 and 3, 2021, the Planning Commission conducted a public hearing on the Draft Housing Element and made recommendations to the City Council; and
WHEREAS, on June 15, 2021, the City Council conducted a public hearing to discuss the Draft Housing Element and directed staff to transmit the Draft Housing

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Packet Pg. 1199 Attachment: Attachment A CDD-Ord-Incentives for Certain Housing Projects 072523 (5865 : Zoning Ordinance Regarding Development 3 Element to the California Department of Housing and Community Development (“HCD”) with revisions; and
WHEREAS, on July 1, 2021, City staff transmitted the Draft Housing Element, as revised by the City Council, to HCD for a 60-day review period; and WHEREAS on August 4, 2021, in accordance with Santa Monica Municipal Code Section 9.46.030(B), the Planning Commission adopted a Resolution of Intention, Resolution Number 21-007 (PCS), declaring its intention to consider recommending to the City Council that the City Council adopt amendments to the text of the Zoning Ordinance for consistency with the Goals, Policies and Programs of the 6th Cycle Housing Element, and minor changes, corrections and clarifications to the text of the Zoning Ordinance related to parcel coverage limitations for existing structures in the City’s R1 (Single-Unit Residential) Districts and standards for accessory structures for consistency with Council direction to return with amendments to the City’s home-share rules; and
WHEREAS, on August 30, 2021, in accordance with Government Code Section 65585, HCD issued a letter to report on its review of the Draft Housing Element; and WHEREAS, HCD’s review concluded that the draft Housing Element addressed many statutory requirements, but that revisions would be necessary to substantially comply with State Housing Element Law; and
WHEREAS, in its review letter, HCD set forth recommended revisions to the Draft Housing Element to, among other things, provide additional information and analysis of the City’s: housing needs, resources, and constraints related to fair housing; population and employment trends; household characteristics; Suitable Sites Inventory (“SSI”);

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Packet Pg. 1200 Attachment: Attachment A CDD-Ord-Incentives for Certain Housing Projects 072523 (5865 : Zoning Ordinance Regarding Development 4 zoning regulations for a variety of housing types; governmental and nongovernmental constraints on housing; special housing needs; and “at risk” housing units; and WHEREAS, HCD further recommended that the City make revisions to housing programs set forth in the Draft Housing Element to: demonstrate adequate capacity for the RHNA allocation; address, and where legally possible, remove, constraints to the maintenance, improvement and development of housing; promote and affirmatively further fair housing; and preserve assisted housing development for low-income households; and
WHEREAS, on September 8, 2021, the Planning Commission held a discussion to consider HCD’s review and recommendations and to discuss concepts that would address those recommendations; and
WHEREAS, on September 20, 2021, the Planning Commission conducted a discussion to review proposed revisions to the Draft Housing Element to address HCD’s recommendations; and
WHEREAS, on September 24, 2021, Planning Commission conducted a duly noticed public hearing, and after considering oral and written testimony, adopted a Resolution of Recommendation, Resolution Number 21-011 (PCS), recommending to the City Council that the City Council adopt the 6th Cycle Housing Element; and WHEREAS, on October 12, 2021, the City Council conducted a duly noticed public hearing to consider HCD’s comments and the recommendation of the Planning Commission, and, after considering oral and written testimony, adopted Resolution Number 11371 (CCS) adopting the 6th Cycle (2021-2029) Housing Element, which the City transmitted to HCD for review and certification; and

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Packet Pg. 1201 Attachment: Attachment A CDD-Ord-Incentives for Certain Housing Projects 072523 (5865 : Zoning Ordinance Regarding Development 5 WHEREAS, on February 8, 2022, the City received a letter from HCD determining that although the Adopted 6th Cycle Housing Element addressed “many statutory requirements,” “revisions would be necessary to comply with State Housing Element Law”; and
WHEREAS, the City immediately began efforts to address HCD’s letter, including scheduling a teleconference with HCD staff on February 14, 2022 to determine the City’s required next steps in order to achieve an HCD-compliant Housing Element and conducting a Study Session with the Planning Commission on March 2, 2022; and WHEREAS, after the February 14, 2022 teleconference, the City continued to meet with HCD on a consistent basis in an effort to work toward addressing HCD’s concerns to allow for the submission of a compliant Housing Element; and WHEREAS, the City also initiated other efforts to bring the 6th Cycle Housing Element into compliance, including an April 26, 2022 study session with Council, and Study Sessions with the Planning Commission on May 11 and June 1, 2022; and WHEREAS, in consideration of the comments received in the February 8, 2022 letter, consultations with HCD, and input received during study sessions with the City Council and Planning Commission, City staff prepared draft redline revisions to the Housing Element to primarily: 1) make technical revisions; 2) address affirmatively furthering fair housing obligations; and 3) strengthen the City’s commitment to development of affordable housing on City-owned sites; and WHEREAS on June 15, 2022, the Planning Commission considered the draft redline amendments to the 6th Cycle Housing Element in response to HCD’s comments, that, among other things, made technical revisions, and proposed amendments to the

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Packet Pg. 1202 Attachment: Attachment A CDD-Ord-Incentives for Certain Housing Projects 072523 (5865 : Zoning Ordinance Regarding Development 6 element’s affirmatively furthering fair housing requirements and program related to Cityowned sites, made recommended revisions, and recommended that the City Council direct staff to transmit the redline revisions to HCD for review; and WHEREAS, on June 21, 2022, the City Council reviewed the draft revisions to the 6th Cycle Housing Element, made recommended revisions, and directed staff to transmit to HCD for review and comment; and
WHEREAS, on July 8, 2022, the City submitted the draft revised Housing Element to HCD for review and comment; and
WHEREAS, on September 6, 2022, HCD issued a letter determining that the Draft Revised Housing Element will comply with State Housing Element Law once adopted, submitted to, and reviewed by, HCD; and
WHEREAS, on September 22, 2022, Planning Commission conducted a duly noticed public hearing to consider recommending to the City Council that the City Council adopt the amended 6th Cycle Housing Element, and after considering oral and written testimony, adopted Resolution Number 22-018 (PCS) recommending that the City Council adopt the amended the 6th Cycle Housing Element; and WHEREAS, on September 26, 2022, in accordance with Government Code Section 65585(b), the City posted the final draft of the amended 6th Cycle Housing Element incorporating the Planning Commission’s recommendations for updated implementation dates on the City’s website for public review, and emailed a link to all individuals and organizations that previously requested notices relating to the City’s 6th Cycle Housing Element; and

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Packet Pg. 1203 Attachment: Attachment A CDD-Ord-Incentives for Certain Housing Projects 072523 (5865 : Zoning Ordinance Regarding Development 7 WHEREAS, on October 11, 2022, the City Council conducted a duly-noticed public hearing to consider adopting the amended 6th Cycle Housing Element, and after considering oral and written testimony, adopted Resolution Number 11469 (CCS), adopting an amended 6th Cycle Housing Element, which was certified by the State on October 14, 2022; and
WHEREAS, between September 30, and October 13, 2022, the City received 15 preliminary applications for housing development projects pursuant to Government Code Section 65941.1; and
WHEREAS, the applicants for the 15 housing development projects assert that the projects are eligible for processing under the “builder’s remedy” provision of the Housing Accountability Act (“HAA”), California Government Code section 65589.5(d), (the “builder’s remedy applications”); and
WHEREAS, the builder’s remedy provision prohibits a local agency from disapproving a housing development project, that provides at least 20 percent of total units for very low, low-, or moderate-income households, or condition approval in a manner that renders the housing development project infeasible for development for the use of very low, low-, or moderate-income households unless the local agency is able to make certain specific findings, including, but not limited to, the housing development project is inconsistent with both the jurisdiction's zoning ordinance and general plan land use designation as specified in any element of the general plan as it existed on the date the application was deemed complete, and the jurisdiction has adopted a housing element that is in substantial compliance with State Housing Element law; and

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Packet Pg. 1204 Attachment: Attachment A CDD-Ord-Incentives for Certain Housing Projects 072523 (5865 : Zoning Ordinance Regarding Development 8 WHEREAS, 14 of the 15 builder’s remedy applications propose housing development projects are inconsistent with the City’s LUCE and Zoning Ordinance, in part, because the housing development projects would far exceed height and floor area ratio (“FAR”) maximums; and
WHEREAS, the Housing Element includes a variety of programs intended to achieve goals and policies related to new housing production for all income categories and the preservation of existing housing, ensuring there is equitable housing access to all neighborhoods, housing for the homeless including housing assistance and supportive services to low-income households, and eliminating housing discrimination; and WHEREAS, the Housing Element sets forth a range of goals, policies and programs, including, but not limited to, procedural changes related to streamlining the review of housing projects, updating development standards and the Affordable Housing Production Program (“AHPP”) to ensure housing projects are feasible, providing opportunities for housing in areas of the City that do not currently permit housing, incentivizing housing in areas of the City that have not historically supported housing production, amending the City’s density bonus ordinance to ensure consistency with State law and integration into the City’s land use system, and committing to the production of affordable housing on City-owned/publicly owned land; and WHEREAS, the Housing Element requires the City to implement certain programs through amendments to the Land Use and Circulation Element of the General Plan, the Bergamot Area Plan, the Downtown Community Plan, and the Zoning Ordinance in phases, subject to specified deadlines; and

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Packet Pg. 1205 Attachment: Attachment A CDD-Ord-Incentives for Certain Housing Projects 072523 (5865 : Zoning Ordinance Regarding Development 9 WHEREAS, on August 4, 2021, the Planning Commission adopted a Resolution of Intention, Resolution Number 21-007 (PCS), declaring its intention to consider recommending to the City Council that the City Council amend the text of the Zoning Ordinance for, among other things, consistency with the goals, policies and programs of the 6th Cycle Housing Element; and
WHEREAS, on February 1, 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 23-003 (PCS), recommending that the City Council amend the text of the Zoning Ordinance; and
WHEREAS, on April 11, 2023, the City Council adopted Ordinance Number 2742 (CCS), amending the text of the Zoning Ordinance for consistency with the goals, policies, and programs of the 6th Cycle Housing Element, including, but not limited to, housing development incentives such as increased height and FAR maximums in the City’s nonresidential districts and streamlined ministerial approval processes for housing projects that are consistent with the City’s objective standards; and WHEREAS, the City desires to provide an alternative means of providing housing on the sites subject to the builder’s remedy applications by allowing applicants to be eligible for the housing development incentives resulting from Housing Element implementation, including increased height and FAR maximums in the City’s nonresidential districts and streamlined ministerial approval process, subject to certain additional incentives related to offsite affordable housing requirements under the AHPP, eligibility for density bonuses for projects that provide affordable housing offsite in

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Packet Pg. 1206 Attachment: Attachment A CDD-Ord-Incentives for Certain Housing Projects 072523 (5865 : Zoning Ordinance Regarding Development 10 accordance with the AHPP, including incentives and concessions, and waiver or reduction of building standards, and parking maximums in the Downtown Community Plan area; and
WHEREAS, in addition to permitting application of the Housing Element implementation, these additional incentives will provide an alternative pathway for applicants to propose housing development projects on the sites subject to the builder’s remedy applications that would be consistent with the City’s LUCE and Zoning Ordinance, or any applicable Specific Plan, including increased height and FAR maximums for housing development projects in the City’s nonresidential districts as set forth the Housing Element; and
WHEREAS, on May 17, 2023, the Planning Commission adopted a Resolution of Intention, Resolution Number 23-010 (PCS), declaring its intention to consider recommending to the City Council that the City Council amend the text of the Zoning Ordinance to provide the incentives for housing projects located on sites subject to a preliminary application in accordance with Government Code section 65941.1 that was filed between September 30, and October 13, 2022; and
WHEREAS, on June 21, 2023, the Planning Commission conducted a duly-noticed public hearing to consider its recommendation to the City Council; and WHEREAS, on June 21, 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 23-011 (PCS), recommending that the City Council amend the text of the Zoning Ordinance to provide incentives for housing projects located on sites subject to a preliminary

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Packet Pg. 1207 Attachment: Attachment A CDD-Ord-Incentives for Certain Housing Projects 072523 (5865 : Zoning Ordinance Regarding Development 11 application in accordance with Government Code section 65941.1 that was filed between September 30, and October 13, 2022 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 incentivize the production of housing projects that are consistent with the General Plan and any applicable Specific Plan on parcels that are subject to pending applications for housing development projects that have asserted eligibility for processing under the “Builder’s Remedy” provision of the Housing Accountability Act (California Government Code section 65589.5(d)), that were filed prior to certification of the City’s 6th Cycle (2021-2029) Housing Element. These Builder’s Remedy applications do not comply with General Plan or applicable Specific Plan standards for Floor Area Ratio or building height. The new projects that may be submitted in accordance with the text amendments would comply with General Plan and applicable Specific Plan development standards for Floor Area Ratio and building height and provide new deed-restricted affordable and market-rate housing units in Santa Monica.

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 incentivize the production of General Plan, Specific Plan,

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Packet Pg. 1208 Attachment: Attachment A CDD-Ord-Incentives for Certain Housing Projects 072523 (5865 : Zoning Ordinance Regarding Development 12 and Zoning Ordinance compliant housing on parcels that are subject to pending applications for housing development projects that have asserted eligibility for processing under the “Builder’s Remedy” provision of the Housing Accountability Act (California Government Code section 65589.5(d)), that were filed prior to certification of the City’s 6th Cycle (2021- 2029) Housing Element. These Builder’s Remedy applications do not comply with General Plan or Zoning Ordinance standards for Floor Area Ratio or building height. The new projects that may be submitted in accordance with the text amendments would comply with General Plan, Specific Plan, and Zoning Ordinance development standards for Floor Area Ratio and building height and therefore promote the orderly growth of the City in a manner that protects public health, safety and general welfare in comparison to projects that exceed General Plan, Specific Plan, and Zoning Ordinance development parameters; and
WHEREAS, on October 12, 2021, the City Council certified the 6th Cycle Housing Element Final Environmental Impact Report (SCH No. 20212269242021), and subsequent to certification of the Housing Element EIR, the City revised the Housing Element and prepared an addendum to the Housing Element EIR (“Housing Element Addendum”); and
WHEREAS, although the certified Housing Element calls for, and the certified Housing Element Suitable Sites Inventory (“SSI”) accommodates, 13,600 units, the Housing Element Addendum “conservatively considers maximum theoretical buildout with an additional 10-percent increase, for a total of 14,565 dwelling units”; and

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Packet Pg. 1209 Attachment: Attachment A CDD-Ord-Incentives for Certain Housing Projects 072523 (5865 : Zoning Ordinance Regarding Development 13 WHEREAS, therefore, the Housing Element Addendum provides a 965-unit buffer to cover and analyze potential environmental effects for units proposed beyond those accounted for in the certified Housing Element SSI; and WHEREAS, the proposed amendments to the Zoning Ordinance will restrict the density of the eligible projects (“Ordinance Projects”) (including the related offsite affordable receiver sites) to no more than the unit capacity assumed in the SSI at the site (the “SSI Credit”) plus any additional units beyond the SSI Credit so long as the additional units collectively proposed for Ordinance Projects do not exceed the buffer of 965 units; and
WHEREAS, as explained more fully in the staff report dated July 25, 2023 accompanying this Ordinance, since the proposed incentives for Ordinance Projects, with the exception of the parking incentives for projects located within the Downtown, would terminate upon issuance of Administrative Approval applications for a total of 965 additional units, the potential environmental impacts resulting from amendments to the Zoning Ordinance have been adequately analyzed in the Housing Element EIR and Addendum and do not trigger any of the conditions described in CEQA Guidelines Section 15162 that would require the preparation of a supplemental EIR or negative declaration pursuant to CEQA Guidelines Section 15168(c); and
WHEREAS, on July 25, 2023, the City Council conducted a duly noticed hearing to consider the findings and recommendations of the Planning Commission, and desires to adopt the proposed Zoning Ordinance amendments as set forth below.

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

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Packet Pg. 1210 Attachment: Attachment A CDD-Ord-Incentives for Certain Housing Projects 072523 (5865 : Zoning Ordinance Regarding Development 14 SECTION 1. Based upon the oral and written testimony presented to the City Council at the public hearing on July 25, 2023, regarding the proposed changes 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 incentivize the production of housing projects that are consistent with the General Plan and any applicable Specific Plan on parcels that are subject to pending applications for housing development projects that have asserted eligibility for processing under the “Builder’s Remedy” provision of the Housing Accountability Act (California Government Code section 65589.5(d)), that were filed prior to certification of the City’s 6th Cycle (2021-2029) Housing Element. These Builder’s Remedy applications do not comply with General Plan or applicable Specific Plan standards for Floor Area Ratio or building height. The new projects that may be submitted in accordance with the text amendments would comply with General Plan and applicable Specific Plan development standards for Floor Area Ratio and building height and provide new deed-restricted affordable and market-rate housing units in Santa Monica.

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 incentivize the production of General Plan, Specific Plan, and Zoning Ordinance

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Packet Pg. 1211 Attachment: Attachment A CDD-Ord-Incentives for Certain Housing Projects 072523 (5865 : Zoning Ordinance Regarding Development 15 compliant housing on parcels that are subject to pending applications for housing development projects that have asserted eligibility for processing under the “Builder’s Remedy” provision of the Housing Accountability Act (California Government Code section 65589.5(d)), that were filed prior to certification of the City’s 6th Cycle (2021-2029) Housing Element. These Builder’s Remedy applications do not comply with General Plan or Zoning Ordinance standards for Floor Area Ratio or building height. The new projects that may be submitted in accordance with the text amendments would comply with General Plan, Specific Plan, and Zoning Ordinance development standards for Floor Area Ratio and building height and therefore promote the orderly growth of the City in a manner that protects public health, safety and general welfare in comparison to projects that exceed General Plan, Specific Plan, and Zoning Ordinance development parameters.

Section 2. Santa Monica Municipal Code Section 9.31.198 is hereby added to read as follows:

9.31.198 Multiple-Unit Dwelling Projects Located on Certain Sites Subject to Applications Filed Prior to Implementation of 6th Cycle (2021-2029) Housing Element
The purpose of this section is to incentivize the production of housing on parcels subject to applications for housing development projects that have asserted eligibility for processing under the “builder’s remedy” provision of the Housing Accountability Act (“HAA”), California Government Code section 65589.5(d), that were filed between September 30, and October 13, 2022, prior to implementation of the 6th Cycle (2021- 2029) Housing Element.

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Packet Pg. 1212 Attachment: Attachment A CDD-Ord-Incentives for Certain Housing Projects 072523 (5865 : Zoning Ordinance Regarding Development 16 A. Applicability. Subject to the provisions of subsection G, below, this section shall apply to new multiple-unit dwelling projects with applications filed between June 1, 2023 and two years after the effective date of this Section, on parcels that meet the following requirements (“eligible projects”):

1. A preliminary application was filed for a housing development project pursuant to Government Code Section 65941.1 between September 30, and October 13, 2022; and

2. The preliminary application asserted eligibility for processing under the “builder’s remedy” provision of the Housing Accountability Act, Government Code Section 65859.5(d).

B. Development Standards. All eligible projects shall be subject to the development standards established for the underlying zone.

C. Affordable Housing Production Program Requirements. All eligible projects shall be subject to the provisions of Chapter 9.64, Affordable Housing Production Program, except that the applicant for any eligible project may elect to satisfy the off-site provisions of Chapter 9.64, as follows:

1. Applicant may offsite any or all of the affordable housing units associated with an eligible project at any commercially or residential zoned parcel in the City (outside of the Pico Neighborhood Area) consistent with the underlying General Plan and zoning regulations (with available State Density Bonus Law benefits available under AB 1763 [Chapter 666, Stats. 2019]) for 100 percent affordable projects) provided there are no existing residential units on the target offsite property (the “Offsite Affordable Option”).

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Packet Pg. 1213 Attachment: Attachment A CDD-Ord-Incentives for Certain Housing Projects 072523 (5865 : Zoning Ordinance Regarding Development 17 For purposes herein, the Pico Neighborhood shall be defined in the Figure 9.40.020.A:
“Pico Neighborhood Area”.

2. If the applicant elects the Offsite Affordable Option for an eligible project in accordance with this subsection C, the following terms and conditions apply to the eligible project:
a. Affordable Housing Units. The market rate eligible project shall provide fifteen (15) percent of the total number of market rate base density (i.e., pre density bonus) units as offsite affordable housing units (i.e., five [5] percent Very Low, five (5) percent Low and five (5) percent Moderate). The affordable housing units for the Offsite Option shall not count as the basis to award a market rate density bonus for the off-site project. However, the offsite units may be used to qualify for density bonus benefits (e.g., density bonuses, incentives/concessions, waivers of development standards and reduced parking) for a one hundred percent affordable housing project at the offsite location(s).

Should the applicant elect to satisfy the affordable housing requirement onsite for any of the eligible projects, it shall be fifteen (15) percent of the base density (i.e., pre-density bonus) project units.
b. State Density Bonus Benefits. If exercised, the Offsite Affordable Option would enable the applicant to receive State Density Bonus Law benefits for the eligible project (i.e., up to a fifty (50) percent market rate density bonus, three (3) permitted incentives/concessions and additional waivers of development standards) as if the affordable units were to be provided onsite.

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Packet Pg. 1214 Attachment: Attachment A CDD-Ord-Incentives for Certain Housing Projects 072523 (5865 : Zoning Ordinance Regarding Development 18 c. Timing for Completion. The Offsite Affordable project must receive a certificate of occupancy prior to issuance of a certificate of occupancy for the related market rate development. However, nothing shall prevent the market rate building from obtaining a building permit and commencing construction concurrent with or prior to the corresponding offsite affordable project.

D. Parking. Notwithstanding the provisions of Section 9.28.060(A), eligible projects located in the Downtown Community Plan Area shall be subject to the following maximum parking requirements:

1. Guest = 1 space per 15 units

2. Studio, no bedrooms = 1 space per unit

3. 1 bedroom = 1 space per unit

4. 2 or more bedrooms = 1 space per unit
E. Additional Requirements. Except as expressly provided in this Section, eligible projects shall comply with the requirements set forth in Section 9.31.195, Multiple-Unit Dwelling Projects.

F. Termination. This Section (with the exception of subsection D “Parking”) shall terminate and be of no further force and effect upon issuance of administrative approvals for 965 “additional units”. For purposes of this Section, “additional units” means the total amount of units provided by one or more eligible projects, including market rate, affordable, on-site and off-site units, that exceed the collective unit capacity allocated to the properties associated with the eligible projects under the Suitable Sites Inventory for the City’s 6th Cycle (2021-2029) Housing Element. This provision shall not impose any limit on the number of units of the eligible projects (either individually or collectively) that

10.C.a
Packet Pg. 1215 Attachment: Attachment A CDD-Ord-Incentives for Certain Housing Projects 072523 (5865 : Zoning Ordinance Regarding Development 19 do not utilize the offsite affordable housing benefits contained in this Section 9.31.198. In addition, subsection D “Parking” shall survive termination of this Section and continue to apply to any eligible projects identified in the settlement agreement located within the Downtown Community Plan area.

SECTION 3. Any provision of the Municipal Code or appendices thereto inconsistent with the provisions of this Ordinance, to the extent of such inconsistencies and no further, is hereby repealed or modified to that extent necessary to effect the provisions of this Ordinance.

SECTION 4. If any section, subsection, sentence, clause or phrase of this Ordinance is for any reason held to be invalid or unconstitutional by a decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this Ordinance. The City Council hereby declares that it would have passed this Ordinance and each and every section, subsection, sentence, clause, or phrase not declared invalid or unconstitutional without regard to whether any portion of the ordinance would be subsequently declared invalid or unconstitutional.

SECTION 5. The Mayor shall sign and the City Clerk shall attest to the passage of this Ordinance. The City Clerk shall cause the same to be published once in the official newspaper within 15 days after its adoption. This Ordinance shall become effective 30 days from its adoption.

APPROVED AS TO FORM:
_______________________

DOUGLAS SLOAN
City Attorney

10.C.a
Packet Pg. 1216 Attachment: Attachment A CDD-Ord-Incentives for Certain Housing Projects 072523 (5865 : Zoning Ordinance Regarding Development 1 Planning Commission Meeting June 21, 2023 Santa Monica, California RESOLUTION NUMBER 23-011 (PCS)
(Planning Commission Series)

A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF SANTA

MONICA RECOMMENDING TO THE CITY COUNCIL THAT THE COUNCIL AMEND THE TEXT OF THE CITY’S ZONING ORDINANCE TO PROVIDE INCENTIVES FOR

CERTAIN HOUSING PROJECTS THAT FILED AN APPLICATION PRIOR TO IMPLEMENTATION OF THE CITY’S 6TH CYCLE (2021-2029) HOUSING ELEMENT WHEREAS, the Housing Element Law, California Government Code Sections 65580 et seq., requires the City to review and update the Housing Element of its General Plan every eight years; and
WHEREAS, the State is experiencing a housing supply crisis, with housing demand far outstripping supply; and
WHEREAS, in 2018, California ranked 49th out of the 50 states in housing units per capita; and
WHEREAS, the housing crisis has particularly exacerbated the need for affordable homes at prices below market rates; and
WHEREAS, the housing crisis has resulted in increased poverty and homelessness, especially first-time homelessness, forced lower income residents into crowded and unsafe housing in urban areas, and forced families into lower cost new housing in greenfields at the urban-rural interface with longer commute times and a higher exposure to fire hazard; and
WHEREAS, California needs an estimated 180,000 additional homes annually to keep up with population growth, and the Governor has called for 3.5 million new homes to be built over 7 years; and
DocuSign Envelope ID: 0AB80294-19A8-4482-8DE4-13E0FA4DD7FA

10.C.b
Packet Pg. 1217 Attachment: Attachment B PC Resolution 23-011.docx (5865 : Zoning Ordinance Regarding Development Standards Incentives for Certain 2 WHEREAS, the City received a Regional Housing Needs Assessment (“RHNA”) allocation for the 6th Cycle (2021-2029) Housing Element of approximately 8,895 housing units, with approximately 70 percent allocated as affordable housing; and WHEREAS, this RHNA allocation will require the City to permit approximately 1,000 housing units annually between 2021 and 2029, 700 of which are required to be affordable housing, representing an increase of approximately five times over the City’s RHNA allocation for the 5th Cycle (2013-2021) Housing Element; and WHEREAS, in September 2020, the City commenced a public outreach process for the 6th Cycle Housing Element, which consisted of creation of a dedicated website, presenting informational webinars, seeking input through questionnaires and surveys, forming two technical working groups, and conducting a series of study sessions with the Planning Commission, Housing Commission, Rent Control Board, and the City Council; and
WHEREAS, on or about May 24, 2021, City staff published a Draft 6th Cycle Housing Element (“Draft Housing Element”); and
WHEREAS, on June 2 and 3, 2021, the Planning Commission conducted a public hearing on the Draft Housing Element and made recommendations to the City Council; and
WHEREAS, on June 15, 2021, the City Council conducted a public hearing to discuss the Draft Housing Element and directed staff to transmit the Draft Housing Element to the California Department of Housing and Community Development (“HCD”) with revisions; and
DocuSign Envelope ID: 0AB80294-19A8-4482-8DE4-13E0FA4DD7FA

10.C.b
Packet Pg. 1218 Attachment: Attachment B PC Resolution 23-011.docx (5865 : Zoning Ordinance Regarding Development Standards Incentives for Certain 3 WHEREAS, on July 1, 2021, City staff transmitted the Draft Housing Element, as revised by the City Council, to HCD for a 60-day review period; and WHEREAS on August 4, 2021, in accordance with Santa Monica Municipal Code Section 9.46.030(B), the Planning Commission adopted a Resolution of Intention, Resolution Number 21-007 (PCS), declaring its intention to consider recommending to the City Council that the City Council adopt amendments to the text of the Zoning Ordinance for consistency with the Goals, Policies and Programs of the 6th Cycle Housing Element, and minor changes, corrections and clarifications to the text of the Zoning Ordinance related to parcel coverage limitations for existing structures in the City’s R1 (Single-Unit Residential) Districts and standards for accessory structures for consistency with Council direction to return with amendments to the City’s home-share rules; and
WHEREAS, on August 30, 2021, in accordance with Government Code Section 65585, HCD issued a letter to report on its review of the Draft Housing Element; and WHEREAS, HCD’s review concluded that the draft Housing Element addressed many statutory requirements, but that revisions would be necessary to substantially comply with State Housing Element Law; and
WHEREAS, in its review letter, HCD set forth recommended revisions to the Draft Housing Element to, among other things, provide additional information and analysis of the City’s: housing needs, resources, and constraints related to fair housing; population and employment trends; household characteristics; Suitable Sites Inventory (“SSI”); zoning regulations for a variety of housing types; governmental and nongovernmental constraints on housing; special housing needs; and “at risk” housing units; and DocuSign Envelope ID: 0AB80294-19A8-4482-8DE4-13E0FA4DD7FA

10.C.b
Packet Pg. 1219 Attachment: Attachment B PC Resolution 23-011.docx (5865 : Zoning Ordinance Regarding Development Standards Incentives for Certain 4 WHEREAS, HCD further recommended that the City make revisions to housing programs set forth in the Draft Housing Element to: demonstrate adequate capacity for the RHNA allocation; address, and where legally possible, remove, constraints to the maintenance, improvement and development of housing; promote and affirmatively further fair housing; and preserve assisted housing development for low-income households; and
WHEREAS, on September 8, 2021, the Planning Commission held a discussion to consider HCD’s review and recommendations and to discuss concepts that would address those recommendations; and
WHEREAS, on September 20, 2021, the Planning Commission conducted a discussion to review proposed revisions to the Draft Housing Element to address HCD’s recommendations; and
WHEREAS, on September 24, 2021, Planning Commission conducted a duly noticed public hearing, and after considering oral and written testimony, adopted a Resolution of Recommendation, Resolution Number 21-011 (PCS), recommending to the City Council that the City Council adopt the 6th Cycle Housing Element; and WHEREAS, on October 12, 2021, the City Council conducted a duly noticed public hearing to consider HCD’s comments and the recommendation of the Planning Commission, and, after considering oral and written testimony, adopted Resolution Number 11371 (CCS) adopting the 6th Cycle (2021-2029) Housing Element, which the City transmitted to HCD for review and certification; and WHEREAS, on February 8, 2022, the City received a letter from HCD determining that although the Adopted 6th Cycle Housing Element addressed “many statutory DocuSign Envelope ID: 0AB80294-19A8-4482-8DE4-13E0FA4DD7FA

10.C.b
Packet Pg. 1220 Attachment: Attachment B PC Resolution 23-011.docx (5865 : Zoning Ordinance Regarding Development Standards Incentives for Certain 5 requirements,” “revisions would be necessary to comply with State Housing Element Law”; and
WHEREAS, the City immediately began efforts to address HCD’s letter, including scheduling a teleconference with HCD staff on February 14, 2022 to determine the City’s required next steps in order to achieve an HCD-compliant Housing Element and conducting a Study Session with the Planning Commission on March 2, 2022; and WHEREAS, after the February 14, 2022 teleconference, the City continued to meet with HCD on a consistent basis in an effort to work toward addressing HCD’s concerns to allow for the submission of a compliant Housing Element; and WHEREAS, the City also initiated other efforts to bring the 6th Cycle Housing Element into compliance, including an April 26, 2022 study session with Council, and Study Sessions with the Planning Commission on May 11 and June 1, 2022; and WHEREAS, in consideration of the comments received in the February 8, 2022 letter, consultations with HCD, and input received during study sessions with the City Council and Planning Commission, City staff prepared draft redline revisions to the Housing Element to primarily: 1) make technical revisions; 2) address affirmatively furthering fair housing obligations; and 3) strengthen the City’s commitment to development of affordable housing on City-owned sites; and WHEREAS on June 15, 2022, the Planning Commission considered the draft redline amendments to the 6th Cycle Housing Element in response to HCD’s comments, that, among other things, made technical revisions, and proposed amendments to the element’s affirmatively furthering fair housing requirements and program related to CityDocuSign Envelope ID: 0AB80294-19A8-4482-8DE4-13E0FA4DD7FA

10.C.b
Packet Pg. 1221 Attachment: Attachment B PC Resolution 23-011.docx (5865 : Zoning Ordinance Regarding Development Standards Incentives for Certain 6 owned sites, made recommended revisions, and recommended that the City Council direct staff to transmit the redline revisions to HCD for review; and WHEREAS, on June 21, 2022, the City Council reviewed the draft revisions to the 6th Cycle Housing Element, made recommended revisions, and directed staff to transmit to HCD for review and comment; and
WHEREAS, on July 8, 2022, the City submitted the draft revised Housing Element to HCD for review and comment; and
WHEREAS, on September 6, 2022, HCD issued a letter determining that the Draft Revised Housing Element will comply with State Housing Element Law once adopted, submitted to, and reviewed by, HCD; and
WHEREAS, on September 22, 2022, Planning Commission conducted a duly noticed public hearing to consider recommending to the City Council that the City Council adopt the amended 6th Cycle Housing Element, and after considering oral and written testimony, adopted Resolution Number 22-018 (PCS) recommending that the City Council adopt the amended the 6th Cycle Housing Element; and WHEREAS, on September 26, 2022, in accordance with Government Code Section 65585(b), the City posted the final draft of the amended 6th Cycle Housing Element incorporating the Planning Commission’s recommendations for updated implementation dates on the City’s website for public review, and emailed a link to all individuals and organizations that previously requested notices relating to the City’s 6th Cycle Housing Element; and
WHEREAS, on October 11, 2022, the City Council conducted a duly-noticed public hearing to consider adopting the amended 6th Cycle Housing Element, and after DocuSign Envelope ID: 0AB80294-19A8-4482-8DE4-13E0FA4DD7FA

10.C.b
Packet Pg. 1222 Attachment: Attachment B PC Resolution 23-011.docx (5865 : Zoning Ordinance Regarding Development Standards Incentives for Certain 7 considering oral and written testimony, adopted Resolution Number 11469 (CCS), adopting an amended 6th Cycle Housing Element, which was certified by the State on October 14, 2022; and
WHEREAS, between September 30, and October 13, 2022, the City received 15 preliminary applications for housing development projects pursuant to Government Code Section 65941.1; and
WHEREAS, the applicants for the 15 housing development projects assert that the projects are eligible for processing under the “builder’s remedy” provision of the Housing Accountability Act (“HAA”), California Government Code section 65589.5(d), (the “builder’s remedy applications”); and
WHEREAS, the builder’s remedy provision prohibits a local agency from disapproving a housing development project, that provides at least 20 percent of total units for very low, low-, or moderate-income households, or condition approval in a manner that renders the housing development project infeasible for development for the use of very low, low-, or moderate-income households unless the local agency is able to make certain specific findings, including, but not limited to, the housing development project is inconsistent with both the jurisdiction's zoning ordinance and general plan land use designation as specified in any element of the general plan as it existed on the date the application was deemed complete, and the jurisdiction has adopted a housing element that is in substantial compliance with State Housing Element law; and WHEREAS, 14 of the 15 builder’s remedy applications propose housing development projects are inconsistent with the City’s LUCE and Zoning Ordinance, in DocuSign Envelope ID: 0AB80294-19A8-4482-8DE4-13E0FA4DD7FA

10.C.b
Packet Pg. 1223 Attachment: Attachment B PC Resolution 23-011.docx (5865 : Zoning Ordinance Regarding Development Standards Incentives for Certain 8 part, because the housing development projects would far exceed height and floor area ratio (“FAR”) maximums; and
WHEREAS, the Housing Element includes a variety of programs intended to achieve goals and policies related to new housing production for all income categories and the preservation of existing housing, ensuring there is equitable housing access to all neighborhoods, housing for the homeless including housing assistance and supportive services to low-income households, and eliminating housing discrimination; and WHEREAS, the Housing Element sets forth a range of goals, policies and programs, including, but not limited to, procedural changes related to streamlining the review of housing projects, updating development standards and the Affordable Housing Production Program (“AHPP”) to ensure housing projects are feasible, providing opportunities for housing in areas of the City that do not currently permit housing, incentivizing housing in areas of the City that have not historically supported housing production, amending the City’s density bonus ordinance to ensure consistency with State law and integration into the City’s land use system, and committing to the production of affordable housing on City-owned/publicly owned land; and WHEREAS, the Housing Element requires the City to implement certain programs through amendments to the Land Use and Circulation Element of the General Plan, the Bergamot Area Plan, the Downtown Community Plan, and the Zoning Ordinance in phases, subject to specified deadlines; and
WHEREAS, on August 4, 2021, the Planning Commission adopted a Resolution of Intention, Resolution Number 21-007 (PCS), declaring its intention to consider recommending to the City Council that the City Council amend the text of the Zoning DocuSign Envelope ID: 0AB80294-19A8-4482-8DE4-13E0FA4DD7FA

10.C.b
Packet Pg. 1224 Attachment: Attachment B PC Resolution 23-011.docx (5865 : Zoning Ordinance Regarding Development Standards Incentives for Certain 9 Ordinance for, among other things, consistency with the goals, policies and programs of the 6th Cycle Housing Element; and
WHEREAS, on February 1, 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 23-003 (PCS), recommending that the City Council amend the text of the Zoning Ordinance; and
WHEREAS, on April 11, 2023, the City Council adopted Ordinance Number 2742 (CCS), amending the text of the Zoning Ordinance for consistency with the goals, policies, and programs of the 6th Cycle Housing Element, including, but not limited to, housing development incentives such as increased height and FAR maximums in the City’s nonresidential districts and streamlined ministerial approval processes for housing projects that are consistent with the City’s objective standards; and WHEREAS, the City desires to provide an alternative means of providing housing on the sites subject to the builder’s remedy applications by allowing applicants to be eligible for the housing development incentives resulting from Housing Element implementation, including increased height and FAR maximums in the City’s nonresidential districts and streamlined ministerial approval process, subject to certain additional incentives related to offsite affordable housing requirements under the AHPP, eligibility for density bonuses for projects that provide affordable housing offsite in accordance with the AHPP, including incentives and concessions, and waiver or reduction of building standards, and parking maximums in the Downtown Community Plan area; and
DocuSign Envelope ID: 0AB80294-19A8-4482-8DE4-13E0FA4DD7FA

10.C.b
Packet Pg. 1225 Attachment: Attachment B PC Resolution 23-011.docx (5865 : Zoning Ordinance Regarding Development Standards Incentives for Certain 10 WHEREAS, in addition to permitting application of the Housing Element implementation, these additional incentives will provide an alternative pathway for applicants to propose housing development projects on the sites subject to the builder’s remedy applications that would be consistent with the City’s LUCE and Zoning Ordinance, or any applicable Specific Plan, including increased height and FAR maximums for housing development projects in the City’s nonresidential districts as set forth the Housing Element; and
WHEREAS, on May 17, 2023, the Planning Commission adopted a Resolution of Intention, Resolution Number 23-010 (PCS), declaring its intention to consider recommending to the City Council that the City Council amend the text of the Zoning Ordinance to provide the incentives for housing projects located on sites subject to a preliminary application in accordance with Government Code section 65941.1 that was filed between September 30, and October 13, 2022; and
WHEREAS, on June 21, 2023, the Planning Commission conducted a duly-noticed public hearing to consider its recommendation to the City Council.

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

Proposed amendments to the text of the Zoning Ordinance. Pursuant to Santa Monica Municipal Code Section 9.46.060(B), the Planning Commission, after considering oral and written testimony, does hereby recommend that City Council that the City Council amend the text of the Zoning Ordinance to provide incentives for housing projects located on certain sites subject to a preliminary application in accordance with Government Code section 65941.1 that was filed between September 30, and October DocuSign Envelope ID: 0AB80294-19A8-4482-8DE4-13E0FA4DD7FA

10.C.b
Packet Pg. 1226 Attachment: Attachment B PC Resolution 23-011.docx (5865 : Zoning Ordinance Regarding Development Standards Incentives for Certain 11 13, 2022, as set forth in Exhibit A, attached to this Resolution. In making this recommendation, the Planning Commission hereby finds and declares that, for the reasons articulated above, in the staff report dated June 21, 2023, and below:

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 incentivize the production of housing projects that are consistent with the General Plan and any applicable Specific Plan on parcels that are subject to pending applications for housing development projects that have asserted eligibility for processing under the “Builder’s Remedy” provision of the Housing Accountability Act (California Government Code section 65589.5(d)), that were filed prior to certification of the City’s 6th Cycle (2021-2029) Housing Element. These Builder’s Remedy applications do not comply with General Plan or applicable Specific Plan standards for Floor Area Ratio or building height. The new projects that may be submitted in accordance with the text amendments would comply with General Plan and applicable Specific Plan development standards for Floor Area Ratio and building height and provide new deed-restricted affordable and market-rate housing units in Santa Monica.

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 DocuSign Envelope ID: 0AB80294-19A8-4482-8DE4-13E0FA4DD7FA

10.C.b
Packet Pg. 1227 Attachment: Attachment B PC Resolution 23-011.docx (5865 : Zoning Ordinance Regarding Development Standards Incentives for Certain 12 amendments will incentivize the production of General Plan, Specific Plan, and Zoning Ordinance compliant housing on parcels that are subject to pending applications for housing development projects that have asserted eligibility for processing under the “Builder’s Remedy” provision of the Housing Accountability Act (California Government Code section 65589.5(d)), that were filed prior to certification of the City’s 6th Cycle (2021- 2029) Housing Element. These Builder’s Remedy applications do not comply with General Plan or Zoning Ordinance standards for Floor Area Ratio or building height. The new projects that may be submitted in accordance with the text amendments would comply with General Plan, Specific Plan, and Zoning Ordinance development standards for Floor Area Ratio and building height and therefore promote the orderly growth of the City in a manner that protects public health, safety and general welfare in comparison to projects that exceed General Plan, Specific Plan, and Zoning Ordinance development parameters.

SECTION 2. The Director of Planning and Community Development 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: 0AB80294-19A8-4482-8DE4-13E0FA4DD7FA

10.C.b
Packet Pg. 1228 Attachment: Attachment B PC Resolution 23-011.docx (5865 : Zoning Ordinance Regarding Development Standards Incentives for Certain 13 Adopted this 21st day of June, 2023.

Chair, Planning Commission
I hereby certify that the foregoing Resolution of Intention was duly and regularly introduced and approved at a meeting of the Planning Commission on the 21st day of June, 2023 by the following vote:

Ayes: Commissioners Fonda-Bonardi, Landres, Tolkin, Vice Chair Raskin, Chair Ries
Noes:

Abstain:

Absent: Commissioners Fresco, Lambert
Attest:

Director of Planning and Community Development
DocuSign Envelope ID: 0AB80294-19A8-4482-8DE4-13E0FA4DD7FA

10.C.b
Packet Pg. 1229 Attachment: Attachment B PC Resolution 23-011.docx (5865 : Zoning Ordinance Regarding Development Standards Incentives for Certain 14 EXHIBIT A
Proposed Amendments to the Text of the Zoning Ordinance Santa Monica Municipal Code Section 9.31.198 shall be added to read as follows:

9.31.198 Multiple-Unit Dwelling Projects Located on Certain Sites Subject to Applications Filed Prior to Implementation of 6th Cycle (2021-2029) Housing Element
The purpose of this section is to incentivize the production of housing on parcels subject to applications for housing development projects that have asserted eligibility for processing under the “builder’s remedy” provision of the Housing Accountability Act (“HAA”), California Government Code section 65589.5(d), that were filed prior to implementation of the 6th Cycle (2021-2029) Housing Element. The provisions of this section shall be interpreted to implement the express language of the Settlement Agreement.

A. Applicability. Subject to the provisions of subsection G, below, this section shall apply to new multiple-unit dwelling projects with applications filed between June 1, 2023 and two years after the effective date of this Section, on parcels that meet the following requirements (“eligible projects”):

1. A preliminary application was filed for a housing development project pursuant to Government Code Section 65941.1 between September 30, and October 13, 2022; and

2. The preliminary application asserted eligibility for processing under the “builder’s remedy” provision of the Housing Accountability Act, Government Code Section 65859.5(d).

DocuSign Envelope ID: 0AB80294-19A8-4482-8DE4-13E0FA4DD7FA

10.C.b
Packet Pg. 1230 Attachment: Attachment B PC Resolution 23-011.docx (5865 : Zoning Ordinance Regarding Development Standards Incentives for Certain 15 B. Development Standards. All eligible projects shall be subject to the development standards established for the underlying zone.

C. Affordable Housing Production Program Requirements. All eligible projects shall be subject to the provisions of Chapter 9.64, Affordable Housing Production Program, except that the applicant for any eligible project may elect to satisfy the off-site provisions of Chapter 9.64, as follows:

1. Applicant may offsite any or all of the affordable housing units associated with an eligible project at any commercially or residential zoned parcel in the City (outside of the Pico Neighborhood Area) consistent with the underlying General Plan and zoning regulations (with available State Density Bonus Law benefits available under AB 1763 [Chapter 666, Stats. 2019]) for 100 percent affordable projects) provided there are no existing residential units on the target offsite property (the “Offsite Affordable Option.”) For purposes herein, the Pico Neighborhood shall be defined in the Figure 9.40.020.A:
“Pico Neighborhood Area”.

2. If the applicant elects the Offsite Affordable Option for an eligible project in accordance with this subsection C, the following terms and conditions apply to the eligible project:
a. Affordable Housing Units. The market rate eligible project shall provide fifteen (15) percent of the total number of market rate base density (i.e., pre density bonus) units as offsite affordable housing units (i.e., five [5] percent Very Low, five (5) percent Low and five (5) percent Moderate). The affordable housing units for the Offsite Option shall not count as the basis to award a market rate density bonus for the off-site project. However, the offsite units may be used DocuSign Envelope ID: 0AB80294-19A8-4482-8DE4-13E0FA4DD7FA

10.C.b
Packet Pg. 1231 Attachment: Attachment B PC Resolution 23-011.docx (5865 : Zoning Ordinance Regarding Development Standards Incentives for Certain 16 to qualify for density bonus benefits (e.g., density bonuses, incentives/concessions, waivers of development standards and reduced parking) for a one hundred percent affordable housing project at the offsite location(s).

Should the applicant elect to satisfy the affordable housing requirement onsite for any of the eligible projects, it shall be fifteen (15) percent of the base density (i.e., pre-density bonus) project units.
b. State Density Bonus Benefits. If exercised, the Offsite Affordable Option would enable the applicant to receive State Density Bonus Law benefits for the eligible project (i.e., up to a fifty (50) percent market rate density bonus, three (3) permitted incentives/concessions and additional waivers of development standards) as if the affordable units were to be provided onsite. c. Timing for Completion. The Offsite Affordable project must receive a certificate of occupancy prior to issuance of a certificate of occupancy for the related market rate development. However, nothing shall prevent the market rate building from obtaining a building permit and commencing construction concurrent with or prior to the corresponding offsite affordable project.

D. Parking. Notwithstanding the provisions of Section 9.28.060(A), eligible projects located in the Downtown Community Plan Area shall be subject to the following maximum parking requirements:

1. Guest = 1 space per 15 units

2. Studio, no bedrooms = 1 space per unit

3. 1 bedroom = 1 space per unit

4. 2 or more bedrooms = 1 space per unit
DocuSign Envelope ID: 0AB80294-19A8-4482-8DE4-13E0FA4DD7FA

10.C.b
Packet Pg. 1232 Attachment: Attachment B PC Resolution 23-011.docx (5865 : Zoning Ordinance Regarding Development Standards Incentives for Certain 17 E. Additional Requirements. Except as expressly provided in this Section, eligible projects shall comply with the requirements set forth in Section 9.31.195, Multiple-Unit Dwelling Projects.

F. Termination. This Section (with the exception of subsection D “Parking”) shall terminate and be of no further force and effect upon issuance of administrative approvals for 965 “additional units”. For purposes of this Section, “additional units” means the total amount of units provided by one or more eligible projects, including market rate, affordable, on-site and off-site units, that exceed the collective unit capacity allocated to the properties associated with the eligible projects under the Suitable Sites Inventory for the City’s 6th Cycle (2021-2029) Housing Element. This provision shall not impose any limit on the number of units of the eligible projects (either individually or collectively) that do not utilize the offsite affordable housing benefits contained in this Section 9.31.198. In addition, subsection D “Parking” shall survive termination of this Section and continue to apply to any eligible projects identified in the settlement agreement located within the Downtown Community Plan area.

DocuSign Envelope ID: 0AB80294-19A8-4482-8DE4-13E0FA4DD7FA

10.C.b
Packet Pg. 1233 Attachment: Attachment B PC Resolution 23-011.docx (5865 : Zoning Ordinance Regarding Development Standards Incentives for Certain From: Cooper Kass
To: councilmtgitems
Cc: Susan Cola; Frank Angel; Lake McManus
Subject: 2023-07-25 Item 10.C - New Roads School comment letter Date: Tuesday, July 25, 2023 12:55:27 PM
Attachments: 2023-07-25 Angel Law NRS Comment Ltr to CC.pdf 2023-06-21 SWMSRCC Comment Letter.pdf
2023-05-09 Angel Law Comment Ltr to CC.pdf

EXTERNAL
Councilmembers and Staff:

Please find attached our comment letter, submitted on behalf of New Roads School, regarding Item

10.C on tonight’s agenda. Please note that our letter incorporates by reference and adopts as our own the June 21, 2023 comment letter (also attached) submitted by the Southwest Mountain States Regional Council of Carpenters to the Planning Commission. Also attached is Angel Law’s May 9, 2023 comment letter on the settlement agreement between the City of Santa Monica and WS Communities, LLC.

Thank you,
_______________
Cooper Kass | Associate Attorney
Office: (310) 314-6433
Direct: (310) 314-6473
2601 Ocean Park Blvd., Suite 205, Santa Monica, CA 90405 Angel Law
CONFIDENTIALITY NOTICE: This communication with its contents may contain confidential or legally privileged information. It is solely for the use of the intended recipient(s). Unauthorized interception, review, use or disclosure is prohibited and may violate applicable laws including the Electronic Communications Privacy Act. If you are not the intended recipient, please contact the sender and destroy all copies of the communication.

ITEM 10.C.

JULY 25, 2023
ITEM 10.C.

JULY 25, 2023

10.C.c
Packet Pg. 1234 Attachment: Written Comments (5865 : Zoning Ordinance Regarding Development Standards Incentives for Certain Housing Projects(20 mins))

ANGEL LAW
2601 Ocean Park Blvd., Suite 205
Santa Monica, CA 90405-5269
Tel: (310) 314-6433
angellaw.com
May 9, 2023
City of Santa Monica
Attn: City Council of the City of Santa Monica
1685 Main Street
Santa Monica, California 90401
Via Email to [email protected]; [email protected]; [email protected]; [email protected]; [email protected]; [email protected]; [email protected]; [email protected] Re: Request to Continue Item 11.C, Consideration of a Settlement Agreement between the City of Santa Monica and WS Communities, LLC and its affiliates Dear Mayor Davis and Councilmembers:

Angel Law represents New Roads School (NRS), the immediate neighbor to the east of the project proposed at 3030 Nebraska Avenue (Project). On behalf of NRS, we request that Item 11.C, which wasn’t agendized until May 4, be continued to a later date, first and foremost in order to allow for the timely and full public release of the settlement agreement. Neither NRS nor any other major public stakeholder can comment on an agreement the terms and conditions of which are not made part the agenda packet or the minimum 72-hour advance written Brown Act notice requirement.

The staff report for Item 11.C lacks transparency. Most concerning, not only does it not provide the proposed settlement agreement for public review and comment; also, it makes no effort to provide at least a summary description of the alternatives to the builder’s remedy projects agreed with WS Communities. And yet the settlement contemplates that all alternatives but one, including the development adjoining NRS, are to be treated as ministerial projects exempt from further public ITEM 10.C.

JULY 25, 2023
ITEM 10.C.

JULY 25, 2023

10.C.c
Packet Pg. 1235 Attachment: Written Comments (5865 : Zoning Ordinance Regarding Development Standards Incentives for Certain Housing Projects(20 mins)) City of Santa Monica
City Council
May 9, 2023