Santa Monica City Council
October 24, 2023

City Council Meeting: October 24, 2023 Santa Monica, California ORDINANCE NUMBER _________ (CCS)
(City Council Series)

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA REPLACING THE TEXT OF SANTA MONICA MUNICIPAL CODE SECTION 7.04.800 IN ITS ENTIRETY AND RENAMING THE SECTION TO “DEDICATION, EASEMENTS AND IMPROVEMENTS OF PUBLIC RIGHT-OF-WAY”
WHEREAS, the City of Santa Monica is the owner and caretaker of the public right-of-way (ROW), and strives to ensure the public ROW addresses the various needs of the public and community; and
WHEREAS, new development on private parcels in the City often results in increased pedestrian and vehicular traffic, thus necessitating upgrades to the public ROW adjacent to the new development; and
WHEREAS, such upgrades are necessary to ensure safe pedestrian and vehicular travel, and include public ROW widening and improvements to sidewalks and streets to safely accommodate increased volumes of pedestrians and vehicles resulting from the new development; and
WHEREAS, on March 14, 1978, Council adopted Ordinance No. 1085CCS, (Chapter 7.04.800 – Access and street improvements), codifying the City’s public ROW requirements; and
WHEREAS, Ordinance No. 1085CCS is outdated and does not clearly or comprehensively communicate the City’s public ROW requirements; and

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Packet Pg. 245 Attachment: Proposed Ordinance (6085 : First Reading to Amend Public Rights-of-Way Code (30 mins))

WHEREAS, the City Engineer has recommended replacing the codified text of Ordinance No. 1085CCS in its entirety, as set forth herein; and WHEREAS, the City Council deems it necessary to replace Ordinance No. 1085CCS to reflect the City’s public ROW requirements more clearly for new development.

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

Section 1. The entirety of Santa Monica Municipal Code Section 7.04.800 is hereby replaced with the following text, as follows:

7.04.800 Access and street improvements.

To provide proper access for users and to prevent congestion and other hazards related to the use of the land permitted in the applicable zones, the following improvements are deemed necessary and must be provided by the property owner at no cost to the City prior to the public utilities being authorized permanent connection and occupancy being permitted:

A. Alleys shall have been improved along the full alley frontage of the subject lot to the standards approved by the City Engineer.

B. Curbs, gutters, street trees, sidewalks and intersection ramps for handicapped, where applicable, shall have been installed along the full street frontages of the subject lot to the standards approved by the City Engineer.

C. Street base and pavement along the full street frontage of the subject lot to the standards approved by the City Engineer shall be provided from the gutter at the subject property side of the street to the center line of the right-of-way.

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Packet Pg. 246 Attachment: Proposed Ordinance (6085 : First Reading to Amend Public Rights-of-Way Code (30 mins))

D. Rights-of-way to accommodate the above shall have been dedicated to the City.

E. The City Engineer may require improvements beyond the property frontages and street center line for a reasonable distance to properly and safely blend the configuration of existing improvements with the above requirements.

7.04.800 Dedication, Easements, and Improvement of Public Right-of-Way

7.04.800.010 Purpose.

The intent of this Chapter is to provide for the orderly acquisition and improvement of the public right-of-way (“right-of-way”) for the benefit of public health, safety, and welfare, and also provide proper circulation access for right-of-way users by preventing congestion and other hazards caused by impacts resulting from the development of land permitted in the applicable zones. The following provisions relating to right-of-way acquisition and off-site improvements are deemed necessary and must be provided by the private property developer or private property owner at no cost to the City.

7.04.800.020 Definitions.

A. Dedication. “Dedication” means the setting aside of private property for public right-ofway use and the acceptance of land for such use by the City of Santa Monica (“City”).

B. Easement. “Easement” means the legal right or privilege to use real property (including access rights) distinct from the ownership of real property. Easement types after dedication of right-of-way:

1. Access Easement. A right or rights granted or taken for the construction, maintenance, and operation of roadways and/or pedestrian or bicycle trails and sidewalks which does not transfer fee title.

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Packet Pg. 247 Attachment: Proposed Ordinance (6085 : First Reading to Amend Public Rights-of-Way Code (30 mins))

2. Utilities Easement. A right or rights granted or taken for the construction, maintenance and operation of City or private utilities including but not limited to water, sewer, storm, electricity, natural gas, and telecommunications above or below the ground, which does not transfer fee title.

C. Institutional Development. “Institutional Developments” consist of building projects that are within the jurisdictional oversight of the State or County, such as the Division of the State Architect (DSA) which oversees design and construction for K-12 schools and community colleges, the Office of Statewide Health and Planning & Development (OSHPD) which oversees design and construction of hospital buildings and other healthcare institutions, and the Los Angeles County Metropolitan Transportation Authority (Metro) which oversees construction of transit facilities. Although building construction is governed by the State or the County, right-ofway dedications may apply as deemed necessary by the City Engineer in accordance this ordinance.

D. Major Project. A “major project” is defined to be a residential, commercial, industrial or institutional development which meets certain applicable development characteristics as set forth in Section 7.04.800.030(A)(1) below.

E. Newly Constructed Building. “Newly Constructed Building” means a new structure that has never been used or occupied for any purpose or removal and replacement of an existing structure, or repair, alteration, modification, addition to, or rehabilitation of an existing structure, where a demolition will occur, as defined in Chapter 9.25.030 (A.1) or (A.2).

F. Offsite Improvements. "Offsite improvements" or “improvements” means any construction or reconstruction of certain infrastructure within a public right-of-way or easement as set forth in this ordinance.

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Packet Pg. 248 Attachment: Proposed Ordinance (6085 : First Reading to Amend Public Rights-of-Way Code (30 mins))

G. Principal Structure. “Principal Structure” means a building other than one which is used for purposes wholly incidental or accessory to the use of another building or use on the same premises.

H. Right-of-Way. “Right-of-Way” means a strip of land over which a public road and/or corridor are built for vehicular (motorized) and pedestrian/bikeway (non-motorized) transportation as well as parking, utility and buffering uses. A right-of-way may exist through the establishment of an easement of the dedication of land for right-of-way purposes.

I. Substandard Alley defined. A “substandard alley” is an alley less than 20 feet in width.

7.04.800.030 Dedication and Easements.

A. Dedication of Right-of-Way— Applicable project types. Any residential, commercial, industrial, or institutional development, that meets the following development characteristics:

1. New development or redevelopment of a Parcel. The new development or redevelopment of parcel(s) that entails the construction of “Principal Structure(s)” as a “Newly Constructed Building” as defined in Section 7.04.800.020 and;

2. Right-of-way abutment. The development parcel(s) is abutting an existing public rightof-way alley that is less than the standard right-of-way width set forth in this ordinance or the parcel(s) is abutting existing public rights-of-way fronting the development that is less than the standard right-of-way widths set forth in the width standards specified on file and published with the City Engineer’s Office and website.

B. Dedication Standard. Private parcels shall be required to dedicate right-of-way in such a manner as to create an easement for street and public utilities purposes and all other uses appurtenant thereto, in, over, under, along, and across the portion of that lot based upon the width standards specified on file and published with the City Engineer’s Office and website. The right8.A.b Packet Pg. 249 Attachment: Proposed Ordinance (6085 : First Reading to Amend Public Rights-of-Way Code (30 mins))

of-way easement area shall be dedicated and improved prior to the issuance of a building permit and certificate of occupancy, respectively, for such proposed new construction.

C. Width. Standard City Street right-of-way widths establishes the various classifications for City public rights-of-way. The standard widths for each City Street are on file and published with the City Engineer’s Office and website. Existing or new alleys are required to be a standard of 20 feet in width. Substandard alley locations are also on file with the City Engineer’s Office and website. The right-of-way dedication on an individual lot shall be one-half (½) of the required standard width, measured from the centerline of the street or alley.

1. Greater Widths. Greater widths may be required as determined by the City Engineer to accommodate needed vehicular and pedestrian paths of travel as a result of such proposed new construction if the City Engineer determines that a dedication or improvement greater than what is required by the standard widths for each City street bears an essential nexus and rough proportionality to a project impact. Additional dedication and improvements may also be imposed to ensure compliance with the Americans with Disabilities Act (ADA).

2. Reduced Widths. The required standard width may be reduced at specific locations on specific streets due to unusual conditions, as authorized by the City Engineer or his or her designee.

D. Effect on Development Standards. Except as expressly provided herein, all required development standards shall adhere to the following requirements:

1. Project density, lot area, buildable area, parcel coverage, or floor area ratio. Shall apply to the Parcel Area per Section 9.52.020.1590, provided, however, that any required street or alley right-of-way dedications pursuant to this Chapter shall not count as excluded street or alley rights-of-way per Section 9.52.020.1590.

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Packet Pg. 250 Attachment: Proposed Ordinance (6085 : First Reading to Amend Public Rights-of-Way Code (30 mins))

2. Building setback requirements in relation to right-of-way dedications. Shall adhere to Section 9.04.130 for determining yard setback requirements and shall adhere to specified Development Standards for setbacks in each particular zoning district per Chapter 9.07 thru 9.20. Pursuant to Section 9.04.130, setbacks required to be measured from parcel lines and not from the centerline of the street or alley must be measured from the right-of-way dedication required by this Chapter.

3. Required yards, parking area, loading space, and building locations for new structures or additions to buildings or structures. Shall be measured and calculated from the new lot lines being created by said dedication.

4. All other provisions. Area of such land shall be considered as that which existed immediately prior to such street dedication.

E. Nonconformities. Nothing herein shall modify an owner’s non-conforming rights under Chapter 9.27.

F. Dedication Instrument. Dedications shall be memorialized by an easement agreement in a form approved by the City Attorney and recorded by the City with the Office of the Los Angeles County Recorder.

G. Timing of Dedication. As required by this Section, the recordation of the dedication with the Office of the Los Angeles County Recorder shall occur prior to issuance of a building permit.

H. Revocable Dedication / Easement. In the event that an applicable building permit is deemed expired per Section 8.08.070(c) by the Building Official, and an easement dedication has been recorded at the Office of the Los Angeles County Recorder in accordance with this Section, the easement dedication shall be deemed null and void. Any application for new development or redevelopment after building permit expiration shall require the execution and recording of a new revocable easement agreement prior to issuance of a new building permit.

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Packet Pg. 251 Attachment: Proposed Ordinance (6085 : First Reading to Amend Public Rights-of-Way Code (30 mins))

07.04.800.040 Off-Site Improvements.

A. Applicability. Prior to the issuance of occupancy permits for any new or redeveloped residential, commercial, industrial, or institutional developments, the development shall provide the following off-site improvements (“improvements”) as deemed necessary and applicable by the City Engineer. All property owners shall make all required improvements and repairs to abutting public rights-of-way. The improvements and repairs shall extend along the width and/or depth of the property and for a reasonable distance beyond the property as is necessary to complete the improvement or repair. Existing improvements that are damaged and that may have been damaged during construction of the building shall also be repaired.

B. Required Improvements—All applicable project types. All applicable projects shall be required to provide some or all of the following right-of-way improvements as are deemed necessary and applicable by the City Engineer:

1. Sidewalk and Parkway. Construction or repair of a sidewalk and parkway adjoining the site. The sidewalks shall be parallel to the curb and travel lanes on the street. The sidewalk shall have a minimum clear width as shown on file and published with the City Engineer’s Office; however, the sidewalk shall be four (4) feet wide at a minimum. Partial relief from this requirement may only be granted by the City Engineer or his or her designee. Curb ramps shall also be reconstructed or repaired if non-compliant.

Additionally, as a minimum requirement, any parkway disturbed due to project improvements must be removed and replaced to match existing. Any new parkway landscaping required per project scope must be implemented per the Parkway Landscape Design, Installation and Maintenance section below.

2. Curb and Gutter. Construction or repair of curbs and gutters adjoining the site. All unused driveway curb cuts shall be replaced with a full-height curb and gutter per Chapter 7.24.

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Packet Pg. 252 Attachment: Proposed Ordinance (6085 : First Reading to Amend Public Rights-of-Way Code (30 mins))

3. Street Trees. As required by Chapter 7.40.

C. Required Improvements - All applicable projects abutting alley. In addition to the improvements required above, projects that abut an alley right-of-way may require implementation of the following alley improvements as deemed necessary and applicable by the City Engineer.

1. Alley Paving. Construction, replacement, repair, or extension of alley paving up to standard alley right-of-way width. The alley shall be paved the length of the site. If vehicle access is taken from the alley, the City Engineer may also require that the alley be paved to a point where the alley intersects a paved public right-of-way, which may also include alley approach improvements. Curb returns and adjacent curb ramps shall be relocated and/or improved as necessary to accommodate alley access and circulation.

2. Alley Lighting. Construct or install on-site alley lighting as deemed necessary and applicable by the City Engineer.

D. Required Improvements—Major Projects. In addition to the improvements required in Subsections B and C above, Major Projects shall provide the additional improvements required by this Section as are deemed necessary and applicable by the City Engineer.

1. Roadway Paving. Construction, replacement, repair, or extension of roadway paving to standard street width as shown on file and published with the City Engineer’s Office.

Improvements also include construction, replacement and repair of all roadway markings affected by the roadway paving.

2. Traffic Signals and Street Signs. Provide the Construction, replacement, repairs or modifications to traffic signals and street signs attributable to the development.

3. Streetlights. Install, remove, and replace, upgrade or relocate streetlights per established City design guidelines. This may include widening the right-of-way as necessary.

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Packet Pg. 253 Attachment: Proposed Ordinance (6085 : First Reading to Amend Public Rights-of-Way Code (30 mins))

4. Utility Improvements and Relocation. Install, upgrade, or relocate public and/or private utilities and facilities as necessary and as applicable to the project.

5. Bicycle Trail/Lane/Route. Construction of bicycle accessway as required by the "Bike Route System" and as specified in the Bike Action Plan adopted by the City Council.

E. Parkway Landscape Design, Installation and Maintenance. Parkways are located within the public right-of-way confined by the area between the outside edge of the sidewalk and inside edge of curb. Parkway design, installation and maintenance of landscaping shall be in accordance with Chapter 3.5 of the Urban Forest Master Plan and other applicable code standards.

F. Standards. All improvements within public rights-of-way shall be designed, installed, permitted, and inspected in conformance with the specifications and guidelines on file with the office of the City Engineer.

1. Engineer of Record. The owner or developer shall assure the City that an engineer, registered in California, will be employed to provide required engineering services for offsite improvements, unless waived by the City Engineer. The responsibilities of the engineer shall include, but not be limited to the following:
a. Preparation of required engineering design reports and plans for offsite improvements.
b. Certify accuracy of vertical and horizontal alignments and dimensioned in accordance with available survey and field data.
c. Delivery of reproducible “as-built” plans for offsite improvements along with an electronic copy for City records.

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Packet Pg. 254 Attachment: Proposed Ordinance (6085 : First Reading to Amend Public Rights-of-Way Code (30 mins))

2. Permit for work in right-of-way. A permit, approved by the City Engineer or his or her designee, shall be required prior to any construction as required by this code within public rights-of-way. Such permit shall be issued subject to the following requirements:
a. Review and acceptance of engineering design reports and plans for offsite improvements unless plan requirements have been waived by the City Engineer. b. Payment of review and inspection fees for all offsite improvements located within the public right-of-way, in accordance with a fee schedule to be adopted by the City Council.
c. Construction and scheduling for the offsite improvements shall be the responsibility of the developer or owner and the Engineer of Record. All construction shall conform to City standards.

3. Acceptance of offsite improvements. Reproducible "as built" plans and the Engineer of Record certificate shall be accepted by the City Engineer prior to the Final inspection of offsite improvements and prior to their acceptance. Acceptance of offsite improvements will be executed by the City Engineer or his or her designee when the requirements of these regulations have been fulfilled and ownership of the facilities is offered to the City.

Table-1
Summary of Dedication and Off-Site Improvement Requirements for All Development Projects
Right-of-Way Dedication Off-Site Improvements
Project type
Dedication
(alleys)
Dedication
(streets and
highways)
Sidewalk,
Parkways,
Curb and
Gutter,
Street
Trees
Alley Paving,
Alley Lighting
(as required),
Utilities
Relocation
Roadway
Paving, Traffic
Signals, and
Street Signs,
Street Lights,
and Utilities
Relocation
Major Projects X X X X X
All other projects X X (as needed)

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Packet Pg. 255 Attachment: Proposed Ordinance (6085 : First Reading to Amend Public Rights-of-Way Code (30 mins))

7.04.800.050 Relief from Standard Requirements.

Full or partial relief from the standard requirements prescribed by this Chapter may be granted by the City Engineer or his or her designee, provided that the only finding required to grant relief is that the dedication and/or improvement is not necessary for a public purpose generated at least in part by the development, the dedication and/or improvement is physically impractical, is in conflict with state or federal laws, or that the cost of the dedication and/or improvement is proportionally excessive when compared to the impacts caused by the project.

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 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. 256 Attachment: Proposed Ordinance (6085 : First Reading to Amend Public Rights-of-Way Code (30 mins)) 8-A
Introduction and First Reading of an Ordinance Replacing Santa Monica Municipal Code Chapter 7.04.800 (Access and Street Improvements) in its Entirety October 24th, 2023

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Packet Pg. 257 Attachment: PowerPoint Presentation (6085 : First Reading to Amend Public Rights-of- • Existing Code Section • Key Updates and Clarifications • Examples Discussion Items

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Packet Pg. 258 Attachment: PowerPoint Presentation (6085 : First Reading to Amend Public Rights-of- Mitigate effect of Private Development on:

1. Right of Way Access (i.e. Pedestrian and Vehicular circulation effects)
• Mitigation Measure: Right of Way Dedications (i.e to improve access and reduce congestion)

2. Street Infrastructure (i.e. existing street improvements such as sidewalks, roadways, etc.)
• Mitigation Measure: Street Improvements (i.e to mitigate congestion and enhance safety)
Existing Code Section

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Packet Pg. 259 Attachment: PowerPoint Presentation (6085 : First Reading to Amend Public Rights-of- Existing Code Section
Originally Adopted on March 14, 1978

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Packet Pg. 260 Attachment: PowerPoint Presentation (6085 : First Reading to Amend Public Rights-of- Highlights: • Newly Formatted into Sections • Purpose • Definitions • Dedications and Easements • Offsite Improvements • Relief from Standard Requirements Key Updates and Clarifications

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Packet Pg. 261 Attachment: PowerPoint Presentation (6085 : First Reading to Amend Public Rights-of- • New development or redevelopment (i.e residential or commercial) • Newly Constructed Building(s) - Chapter 9.25.030 (A.1) or (A.2) • 50% of the exterior walls are removed in the Principal Structure • Does not apply to ADU, garage, shack, etc.

Major Project

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Packet Pg. 262 Attachment: PowerPoint Presentation (6085 : First Reading to Amend Public Rights-of- • Major Project • Project abuts sub
-standard Right-of-Way
Right of Way Dedications
Street Alley

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Packet Pg. 263 Attachment: PowerPoint Presentation (6085 : First Reading to Amend Public Rights-of- • Major Projects
• Roadway / Alley paving
• Sidewalks / Curb and Gutter
• Streetlights
• Utilities necessary for the development
• Parkway landscaping
• All projects
• Sidewalk
• Removal of unused driveway, curb and gutter
• Alley paving
Street Improvements (Offsite Improvements)

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Packet Pg. 264 Attachment: PowerPoint Presentation (6085 : First Reading to Amend Public Rights-of- 9 9
Summary of Requirements
Project
type
Right-of-Way
Dedication
Off-Site Improvements
Dedication
(alleys)
Dedication
(streets and
highways)
Sidewalk,
Parkways, Curb
and Gutter, Street
Trees
Alley Paving,
Alley Lighting (as
required),
Utilities
Relocation
Roadway Paving,
Traffic Signals, and
Street Signs, Street
Lights, and Utilities
Relocation
Major
Projects

X X X X X
All other
projects
X X
(as needed)

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Packet Pg. 265 Attachment: PowerPoint Presentation (6085 : First Reading to Amend Public Rights-of- 10 10
Private Development Example – ROW Dedication
Alley Dedication Example:

Alley widening along Santa Monica Blvd (Mixed Use Development)

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Packet Pg. 266 Attachment: PowerPoint Presentation (6085 : First Reading to Amend Public Rights-of- Alley Dedication
• Development meets threshold
• Substandard alley abuts development
• Must be 20’ standard width
• Allows for increased access and safety for public circulation, trash/emergency vehicles and utility placement.
• Development required to improve alley dedication area along full width and length via Offsite Permit.
11 11
Private Development Example – ROW Dedication

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Packet Pg. 267 Attachment: PowerPoint Presentation (6085 : First Reading to Amend Public Rights-of- Offsite Improvement Example:

Offsite Improvements on Broadway (Mixed Use Development) New Sidewalk, Curb & Gutter, Curb Ramp and Roadway Paving 12 12
Private Development Example – Offsite Improvements
Existing Improvements New Improvements

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Packet Pg. 268 Attachment: PowerPoint Presentation (6085 : First Reading to Amend Public Rights-of- Offsite Improvement Example (continued):

Offsite Improvements on Broadway (Mixed Use Development) New Alley Paving and Street & Pedestrian Lighting
13 13
Private Development Example – Offsite Improvements
Existing Alley New Alley New Street & Ped Lighting

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Packet Pg. 269 Attachment: PowerPoint Presentation (6085 : First Reading to Amend Public Rights-of- • Major Projects
• Development meets threshold
• Typical Required Improvements (new or remove & replace):
 Sidewalk and Parkway
 Curb and Gutter
 Street Trees
 Alley Paving
 Roadway Paving (& restriping)
 Streetlights (as needed)
 Utility Improvements and Relocation (as needed)
14 14
Private Development Example – Offsite Improvements

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Packet Pg. 270 Attachment: PowerPoint Presentation (6085 : First Reading to Amend Public Rights-of- 15 15
Public Outreach
• In-person outreach meeting was held on April 12, 2023 • Notification was mailed and emailed
• Draft of the ordinance was posted on the City website • Staff met with stakeholders to address comments
• Updates were made from collective input received.

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Packet Pg. 271 Attachment: PowerPoint Presentation (6085 : First Reading to Amend Public Rights-of- 16 16
Recommended Action:

1. Adopt a finding of exemptions pursuant to Section 15301, 15303, 15304, and 15305 of the California Environmental Quality Act (CEQA) Guidelines and Section 21080.25 of
CEQA.

2. Introduce for first reading the attached ordinance replacing the codified text of Santa Monica Municipal Code Chapter

7.04.800 in its entirety to clarify the City’s public right of way requirements for new development.

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Packet Pg. 272 Attachment: PowerPoint Presentation (6085 : First Reading to Amend Public Rights-of- Thank you!

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Packet Pg. 273 Attachment: PowerPoint Presentation (6085 : First Reading to Amend Public Rights-of- City Council
Report
City Council Meeting: October 24, 2023
Agenda Item: 8.B
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To: Mayor and City Council
From: Rick Valte, Public Works Director, Public Works, Architecture Services Subject: Introduction and First Reading of Ordinance Amending Santa Monica Municipal Code Section 2.24.110 and 2.24.220(g)(Master Services Agreements)
Recommended Action
Staff recommends that the City Council:

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

2. Introduce for first reading a proposed ordinance amending Santa Monica Municipal Code Sections 2.24.110 and 2.24.220(g) related to Master Services Agreements.

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Summary
The City of Santa Monica’s adopted Master Services Agreement (MSA) solicitation process has aided staff in expediting the work of roughly $16.1 million of small to medium sized CIP projects since inception in September of 2018. Through its use, staff has identified further improvements which can be realized through changes to sections

2.24.110 and 2.24.220(g) of the Santa Monica Municipal Code (SMMC). The first recommended change is to allow the Director of Public Works to delegate the authority to issue task orders to a designee. This change would allow Public Works to accelerate the commencement of small, relatively simple public works projects. The second recommendation would address ongoing construction cost escalation by having the task order and MSA thresholds, previously established in 2018, adjust automatically every year to the current California Construction Cost Index (CCCI). Finally, staff recommends transitioning the agreements from being referred to as Master Services Agreements to As-Needed Services Agreements (ASA).

Discussion
At its meeting on September 11, 2018, the City Council introduced for first reading an ordinance modifying Section 2.24.220 of the Santa Monica Municipal Code to authorize as-needed Master Services agreements for Public Works projects. The second reading followed on October 9, 2018, and City Council adopted the modified ordinance.

MSAs are an alternate contracting/procurement approach developed in coordination with the Finance Department, the City Attorney’s Office, and the Public Works Department which allows the Public Works Department to expedite the procurement and completion of projects. The first step of this process is to solicit and pre-qualify contractors to provide general construction services on various public works projects for categories such as, but not limited to: interior remodels/tenant improvements, exterior building renovations, parks/playgrounds/site work, general engineering, and pier work.

From this pre-qualified list, approved by the City Council, zero-dollar MSAs are entered into with the best qualified contractors for on-call services. Once agreements are executed, and as projects arise, staff solicits bids from at least three MSA contractors.

Once the best bidder has been identified, the Director of Public Works may issue a task

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order in accordance with the terms and conditions of the MSA. Individual task orders shall not exceed $1,000,000 and the cumulative amount of task orders under each MSA shall not exceed $5,000,000. Contractors are not guaranteed work, and all funding is contingent on approval by Council within each fiscal year’s adopted budget. The process ensures competitive pricing by qualified contractors, while at the same time substantially reducing procurement time on individual projects because a MSA is already executed.

Although the process has worked well to expedite the commencement of work, staff has identified areas where the process could be improved. The first area identified by staff relates to the Director of Public Work’s ability to delegate task order approvals.

Currently, all task orders must be authorized by the Director prior to being executed.

Authorizing the Director of Public Works to delegate this authority would allow Public Works to be more efficient in its approval of lower cost projects. Such task orders would include small, relatively simple projects, such as painting a facility, the placement of slurry, or the reconfiguring of a small interior space. If this proposed ordinance amendment is approved, the Public Works Department, with consultation from Finance, would update the current Procurement Administrative Instruction to establish the conditions for delegating authority. This change would further streamline the process and allow the Director of Public Works to focus on the review and approval of more complicated and higher dollar value projects.

The second proposed process improvement would allow the thresholds of the Master Service Agreement and Task Order to increase every five years, or at time of council approval of new MSAs, according to changes in the CCCI. The CCCI is developed based upon the Building Cost Index average for San Francisco and Los Angeles and would be obtained by staff through California’s Department of General Services’ publications of the CCCI. This change would allow the MSA process to continue to be utilized for small to medium projects with thresholds that are aligned with construction price increases and eliminate the need for periodic future municipal code changes. To provide some context, the average of awarded MSA task orders in 2019 was $250,500.

When accounting for inflation, through the use of the referenced CCCI, a project of this

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size today would cost roughly $342,985. Although the number of MSA projects awarded each year has roughly stayed the same, with the exception of FY 2020-21, over time escalation in construction will diminish the amount of projects which can utilize the MSA process. To maintain the effectiveness of the MSA process, staff recommends allowing for the current MSA and task order thresholds to adjust accordingly to the CCCI every year.

The final change that staff recommends is transitioning these agreements from being referred to as Master Services Agreements to being known as As-Needed Services Agreements. The purpose of this process has always been to not only obtain talented and experienced contractors for the best price, but to do so in a manner which is equitable and inclusive. Staff believes that eliminating “Master” from the current name would eliminate any potential negative connotations and allow the process to be seen as the effective procurement method that it is.

Past Council Actions
Meeting Date Description
09/11/18 (Attachment B) Ordinance Amending SMMC 2.24.071 (PW Contracts) Authorizing Master Services Agreements
10/09/18 (Attachment C) Second Reading Ordinance Authorizing As-Needed Services Agreements for PW Projects
Environmental Review
The ordinance amendments are exempt from CEQA pursuant to Section 15061(b)(3) (common sense exemption) of the CEQA Guidelines, which states that CEQA does not apply, “where it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment.” The amendments will modify the administration of the MSA process (e.g., creating delegating authority and allowing increase of thresholds every five years). Therefore, it can be seen with certainty that these administrative amendments would not result in adverse physical impacts on the environment, and as such, is exempt from CEQA.

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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: Amelia Feichtner, Capital Program Manager
Approved Forwarded to Council
Attachments:

A. Ordinance Amending SMMC 2.24.071 (PW Contracts) Authorizing Master Services Agreements - Staff Report
B. Second Reading Ordinance Authorizing As-Needed Services Agreements for PW Projects - Staff Report
C. MSA Amendment Ordinance
D. PowerPoint Presentation

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City Council
Report
City Council Meeting: September 11, 2018
Agenda Item: 7.B
1 of 6
To: Mayor and City Council
From: Susan Cline, Director, Public Works, Architecture Services Subject: Introduction and first reading of Ordinance amending Santa Monica Municipal Code Section 2.24.071 to update Public Works Contracts requirements; Award of Bid #SP2524 to eight general contractors to provide as-needed general construction services; and Authorization for the City Manager to execute a master on-call task order services agreement with each prequalified contractor, once the ordinance becomes effective Recommended Action
Staff recommends that the City Council:

1. Introduce for first reading the attached ordinance amending Santa Monica Municipal Code Section 2.24.071 (Public Works Contracts) authorizing the use of City Council approved Master As-needed Services agreements.

2. Award Bid #SP2524 to eight California-based general contractors to provide asneeded general construction services on various Public Works projects including Airport, Facilities, Engineering, and Architecture work.

3. Authorize the City Manager to negotiate and execute an As-needed Master Services agreement with eight general contractors for a total amount not to exceed $5,000,000 over a five-year period for each agreement, subject to Council approval of the biennial operating budget and the biennial capital improvement program budget which would allow appropriation of funds for any task order issued under each as-needed master services agreement, once the ordinance becomes effective.

Executive Summary
Achieving top quality and best price are the long-standing goals of public construction contracting in Santa Monica. The Santa Monica Municipal Code (SMMC) Section

2.24.071 (Public Works Contracts) stipulates that every contract involving an expenditure of more than $175,000 for public works projects must be competitively bid and presented to the City Council for approval of the contract award prior to project commencement. Unfortunately due to required legal steps involved in that process, a bid award process takes 20 to 27 weeks depending on the complexity of the project. In addition to extending the project completion timeline, the lengthy process burdens

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Packet Pg. 279 Attachment: Ordinance Amending SMMC 2.24.071 (PW Contracts) Authorizing Master Services Agreements - Staff Report (6087 : 1st Reading 2 of 6
staffing resources with paperwork and process without directly contributing to the goals of quality and economy. To streamline the costly and inefficient process for smaller projects, staff recommends an ordinance amending SMMC Section 2.24.071 to add an alternate contracting method to deliver public works projects up to $1,000,000 to allow the execution of eight As-Needed Master Services agreements (MSAs).

Background
On June 12, 2018, Council adopted the first year and approved the second year of the Capital Improvement Program (CIP) FY 2018-20 Biennial Budget. The adopted CIP Budget incorporated Santa Monica’s Framework for a Sustainable City of Wellbeing.

These projects will advance goals in five of the seven outcome areas, and address Council’s strategic goals, particularly the Mobility strategic goal. In order to expeditiously complete these projects while still maintaining a balance between quality and cost, the Public Works Department performed an efficiency assessment to develop recommendations on improving project delivery and ensuring that the expectations of Council and the public are being met. This assessment built upon the Finance Department’s overview of current procurement processes presented to Council in 2016.

Currently, all construction contracts over $175,000 are required to be competitively bid and approved by the City Council. For projects estimated under $1,000,000, commencing construction can take approximately 20-27 weeks from procurement to contract execution for projects with little or no design work (Attachment A). The efficiency assessment identified the use of MSAs as a way to improve efficiency and expedite project delivery.

Discussion
The proposed ordinance would amend SMMC Section 2.24.071 to add an alternate construction contracting/procurement approach which would allow the Public Works Department to utilize MSAs to expedite the commencement of work. The ordinance would authorize the City Manager, subject to certain conditions specified in the ordinance, to enter into an MSA, and would authorize the Public Works Director, or her designees, to issue task orders in amounts up to $1,000,000 for construction under

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Packet Pg. 280 Attachment: Ordinance Amending SMMC 2.24.071 (PW Contracts) Authorizing Master Services Agreements - Staff Report (6087 : 1st Reading 3 of 6
each MSA. Goals for this new approach include: 1) accelerating the commencement of small, relatively simple public works projects, 2) increasing overall efficiency for the procurement, contracting and project delivery methods used for small projects including emergency work, and 3) accomplishing general construction services in a timelier manner. If the ordinance is approved, the Finance and Public Works departments, and the City Attorney’s Office will draft administrative guidelines to ensure competitive bidding, appropriate environmental review and orderly implementation.

The MSA approach would work as follows:
1) City solicits general contractors through a request for qualifications including a formal competitive bidding and advertisement process.
2) City establishes a list of pre-qualified contractors from which to select its MSA contractors.
3) City presents the recommended MSA contractors to Council for approval to negotiate and execute MSA contracts.
4) Once MSAs are executed, bids from at least three contractors would be solicited for each task order.
5) All task orders would be awarded to the best bidder. 6) All projects under an MSA would have their own task order number for tracking and reporting.
7) The Director of Public Works or his/her designees may issue task orders in accordance with the terms and conditions of the MSA. Individual task orders shall not exceed $1,000,000 and the cumulative amount of task orders under each MSA shall not exceed $5,000,000.
8) All projects utilizing MSAs would be reviewed to ensure (i) appropriate environmental review, (ii) that projects are funded by Council-adopted biennial budgets, and (iii) that contractors adhere to all prevailing wage requirements. 9) Once a task order is completed, the task order amount would be tracked and counted against each contractor’s maximum cumulative MSA amount. 10)Public Works would report back to Council annually by submitting an Information Item every June. The Information Item would include a summary of all projects completed per MSA including vendor names, amounts and task order numbers

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Packet Pg. 281 Attachment: Ordinance Amending SMMC 2.24.071 (PW Contracts) Authorizing Master Services Agreements - Staff Report (6087 : 1st Reading 4 of 6
as well as an evaluation of whether the revised process yielded the efficiencies expected.

Staff believes using MSAs would improve project delivery and benefit the City by shortening project timelines by an estimated 20-27 weeks, decreasing the risk of potential escalation costs, reducing the amount of time staff spends on a project, and facilitating a more accurate overall project schedule. Other municipalities such as the cities of San Francisco, Los Angeles, and Anaheim have already adopted similar forms of as-needed contracting ordinances to improve project delivery.

To expedite vendor selection, in the event that Council approves the recommended ordinance, staff conducted a process to pre-qualify contractors to provide general construction services on various public works projects for five categories of work:
interior remodels/tenant improvements, exterior building renovations, parks/playgrounds/site work, general engineering, and pier work. Should Council approve awarding bids to these MSA contractors, task orders issued pursuant to the agreements entered would not exceed the current $175,000 threshold unless and until the proposed ordinance became effective.

Vendor Selection
RFQ Data
RFQ Posting Date RFQ Posted On RFQ Advertised In
(City Charter & Municipal Code)
# of Firms
Downloaded
# of
Submittals
Received
Date Publicly
Opened
06/07/2018 City's Online
Bidding Site Santa Monica Daily Press 52 10 06/21/2018
Pre-qualified List Vendor Selection Recommendation
John S. Meek
Company, Inc.

Kasa
Construction,
Inc.

Municipal Code SMMC 2.24.072
Judge Netting,
Inc. Ramco
Evaluation
Criteria
Previous experience/technical
competence, answers to a
questionnaire, references, resumes
of relevant staff, and DIR project
experience (labor compliance).

Cushman
Contracting
Corporation
Blois
Construction,
Inc.

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Packet Pg. 282 Attachment: Ordinance Amending SMMC 2.24.071 (PW Contracts) Authorizing Master Services Agreements - Staff Report (6087 : 1st Reading 5 of 6
Kemcorp
Construction,
Inc.

GSE
Construction
Company, Inc.

Justification to Short-List
Eight of the 10 statements of qualifications received for general construction services were rated and deemed acceptable and were placed on a pre-qualified list. Attachment B shows the breakdown by vendor on which of the five categories (interior remodels/tenant improvements, exterior building renovations, parks/playgrounds/site work, general engineering, and pier work) each vendor is pre-qualified to perform as-needed work.

These eight pre-qualified vendors were ranked highly and are recommended to enter into a master services agreement. Bids will be solicited from all pre-qualified contractors prior to performing work valued at more than $10,000. Concept Consultants and Graph Company, the ninth and tenth vendors, did not meet the criteria to be placed on the prequalified list due to inaccurate submissions; hence, these vendors are not recommended.

Financial Impacts and Budget Actions
Staff requests authority to award a Master As-needed Services agreement with each of the eight pre-qualified general contractors. All amounts are not to exceed $5,000,000 over a five-year period. Funding for existing projects to be completed under these MSAs was approved by Council in the FY 2018-19 Adopted Budget. Future year funding is contingent on Council budget approval. Expenditures would occur only upon issuance of a task order by the Public Works Director to an MSA vendor, listed below.

Master Services Agreement Request
Vendor
FY 2018-19 through FY 2022-23 Budget
Various Departments/CIP Account #
Total Contract
Amount
John S. Meek Company, Inc. Various $5,000,000
Judge Netting, Inc. Various $5,000,000
Cushman Contracting Corp. Various $5,000,000
Kemcorp Construction, Inc. Various $5,000,000
Kasa Construction, Inc. Various $5,000,000
Ramco Various $5,000,000
Blois Construction, Inc. Various $5,000,000
GSE Construction Company, Inc. Various $5,000,000
Total $40,000,000

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Packet Pg. 283 Attachment: Ordinance Amending SMMC 2.24.071 (PW Contracts) Authorizing Master Services Agreements - Staff Report (6087 : 1st Reading 6 of 6
Prepared By: Phillip Ticun, CIP Project Manager
Approved Forwarded to Council
Attachments:

A. Procurement Timeline
B. SP2524 - General Contractor Services Pre-Qualification List C. John S Meek Oaks Form
D. Judge Netting Oaks Form
E. Cushman's Contracting Oaks Form
F. Kemcorp Oaks Form
G. KASA Oaks Form
H. RAMCO Oaks Form
I. GSE Construction Oaks Form
J. Blois Construction Oaks Form
K. Ordinance - Public Works - Contracting - 09112018

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Packet Pg. 284 Attachment: Ordinance Amending SMMC 2.24.071 (PW Contracts) Authorizing Master Services Agreements - Staff Report (6087 : 1st Reading City Council
Report
City Council Meeting: October 9, 2018
Agenda Item: 7.A
1 of 1
To: Mayor and City Council
From: Lane Dilg, City Attorney, City Attorney’s Office
Subject: Second Reading and Adoption of Ordinance Modifying Section 2.24.071 of the Santa Monica Municipal Code to Authorize As-Needed Services Agreements for Public Works Projects
Recommended Action
Staff recommends that City Council adopt the attached Ordinance.

Executive Summary
At its meeting on September 11, 2018, the City Council introduced for first reading an ordinance modifying Section 2.24.071 of the Santa Monica Municipal Code to authorize as-needed services agreements for Public Works projects.

The ordinance is now presented to City Council for adoption.

Prepared By: Elsa Kapsinow, Executive Assistant to the City Attorney Approved Forwarded to Council
Attachments:

A. Ordinance - Public Works - Contracting - Second Reading - 10092018

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Packet Pg. 285 Attachment: Second Reading Ordinance Authorizing As-Needed Services Agreements for PW Projects - Staff Report (6087 : 1st Reading 1 City Council Meeting: October 24, 2023 Santa Monica, California ORDINANCE NUMBER_______ (CCS)
(City Council Series)

AN ORDINANCE OF THE COUNCIL OF THE CITY OF SANTA MONICA AMENDING SANTA MONICA MUNICIPAL CODE SECTIONS 2.24.110 AND 2.24.220(G) TO

DELEGATE AUTHORITY AND ADJUST AS-NEEDED SERVICES AGREEMENT

THRESHOLDS BASED ON CHANGES TO THE CALIFORNIA CONSTRUCTION INDEX
WHEREAS, In September 2018, Council adopted the Master Services Agreement (“MSA”) solicitation process, has aided staff in expediting the work of roughly $16.1 million of small to medium sized CIP projects; and
WHEREAS, through use of the MSAs, City staff has identified proposed procedural changes to the MSA ordinance that would provide the Director of Public Works delegation authority, which would accelerate the commencement of small, relatively simple public works projects; and
WHEREAS, the proposed procedural changes also seek to address construction cost escalation by adjusting MSA thresholds automatically every five years to the current California Construction Cost Index; and
WHEREAS, City also seeks to adjust the title to reflect updated terminology and references.

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

SECTION 1. Santa Monica Municipal Code Section 2.24.110 is hereby amended as follows:

2.24.110 Director of Public Works authority.

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Packet Pg. 286 Attachment: MSA Amendment Ordinance (6087 : 1st Reading Ordinance to update MSA Agreements (07 mins)) 2 The Director of Public Works, or designee, is authorized to issue task orders for Master Services Agreements in accordance with Section 2.24.220(g).

SECTION 2. Santa Monica Municipal Code Section 2.24.220(g) is hereby amended as follows:

2.24.220 Formal procedures.

Formal solicitations shall be subject to the following procedures:
(a) The Purchasing Agent shall issue a formal notice inviting bids or request for proposals and shall solicit bids and proposals by:
(1) Advertising in a newspaper of general circulation in the City of Santa Monica on at least two occasions, the first of which shall be at least ten days before the time for opening received bids; and
(2) Posting on the City’s online vendor portal website.

The Purchasing Agent may require additional notice as the Purchasing Agent determines to be in the best interest of the City.
(b) At the time specified in the notice inviting bids or request for proposals, all bids or proposals timely received shall be opened and declared publicly, either in person or through the City’s online vendor portal website.
(c) The Purchasing Agent shall compile and tabulate all bids or proposals timely received and refer them to the appropriate City Department for evaluation. For public works contracts or purchases of goods or contractual services, the City Department shall make a recommendation of best bidder by applying the criteria set forth in Section

2.24.180. For purchases of professional services, the City Department shall make a

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Packet Pg. 287 Attachment: MSA Amendment Ordinance (6087 : 1st Reading Ordinance to update MSA Agreements (07 mins)) 3 recommendation of best qualified person or firm by applying the criteria set forth in Section 2.24.190.
(d) The Purchasing Agent shall provide notice of the recommended award to all bidders or proposers through the City’s online vendor portal website or by other means as determined by the Purchasing Agent.
(e) The City Manager shall present the recommendation to City Council for award after the time to file a protest has expired or after a final determination on a protest has been made in accordance with Section 2.24.260.
(f) The City Council may reject any and all bids or proposals received whenever, in the opinion of the City Council:
(1) The bid(s) or proposal(s) received do not comply with the specifications of the notice inviting bids or request for proposals;
(2) The proposed project or purchase should be abandoned or delayed; (3) The materials or services may be purchased more reasonably on the open market or the work done less expensively by City personnel; (4) The bids or proposals are higher than anticipated and a new solicitation would result in savings to the City; or
(5) The best interests of the City would be served by a rejection of any or all bids or proposals.
(g) Master Services As-Needed Services Agreements for Public Works Projects.

Notwithstanding any other provision in this Chapter, the City may, in its discretion and when deemed to be in the best interest of the City, obtain construction, maintenance,

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Packet Pg. 288 Attachment: MSA Amendment Ordinance (6087 : 1st Reading Ordinance to update MSA Agreements (07 mins)) 4 or repair services pursuant to as-needed services agreements in accordance with the following terms and procedures:
(1) The City shall solicit, review and evaluate the qualifications of prospective contractors for as-needed services agreements in accordance with rules and regulations established by the Director of Public Works;
(2) The Director of Public Works shall pre-qualify contractors for as-needed service agreements;
(3) The City Council may award as-needed services agreements to prequalified contractors, in amounts not to exceed five million dollars and with terms of no more than five years;
(4) When the need arises for the performance of specific tasks within the scope of as-needed service agreements, the Director of Public Works shall seek bids from at least three prequalified contractors and, using the evaluation criteria set forth under Section 2.24.180, issue a task order to the best bidder in an amount not to exceed one million dollars for a specifically defined scope of work; (5) The thresholds for as-needed services agreements and task orders listed in subsections (3) and (4) shall be subject to increase annually based on changes to the construction cost index. “Construction cost index” means the construction cost index published by the California Department of General Services. When calculating the increases, City shall use the current construction cost index, as well as a construction cost base index. The construction cost base index shall be the construction cost index in effect for July 2018. The increased thresholds shall be approved by Council at award of the as-needed services agreement.

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Packet Pg. 289 Attachment: MSA Amendment Ordinance (6087 : 1st Reading Ordinance to update MSA Agreements (07 mins)) 5 (6) If the Director of Public Works seeks but is unable to obtain three bids, the Director may issue a task order to the best bidder of the bids submitted; (67) The Director of Public Works may reject any and all bids received in accordance with the standards set forth in subsection (f), above; (78) Prequalified contractors performing task orders under as-needed services agreements shall file payment and performance bonds in conjunction with each task order awarded as required by the Director or applicable law; and (89) The Director of Public Works shall submit a report to the City Council on an annual basis containing information about the implementation of this subsection, including a listing of task orders issued pursuant to this subsection.

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

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Packet Pg. 290 Attachment: MSA Amendment Ordinance (6087 : 1st Reading Ordinance to update MSA Agreements (07 mins)) 6 newspaper within 15 days after its adoption. This Ordinance shall become effective thirty days after adoption.

APPROVED AS TO FORM:
________________________
Doug Sloan, City Attorney

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Packet Pg. 291 Attachment: MSA Amendment Ordinance (6087 : 1st Reading Ordinance to update MSA Agreements (07 mins)) Master Services Agreements

8.B - Introduction and First reading of Ordinance Amending Santa Monica Municipal Code Section 2.24.110 and 2.24.220(g)

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Packet Pg. 292 Attachment: PowerPoint Presentation (6087 : 1st Reading Ordinance to update MSA 2 Master Services Agreements – Background
• Master Services Agreement (MSA) solicitation process was introduced in September 2018 and adopted by Council in October 2018 (Section 2.24.220) • MSAs maintain the competitive procurement process for contractual services while expediting the process
• MSAs shall not exceed $5 million with individual projects awarded by Task Order shall not exceed $1 million
• Goals for this approach are to:
• Accelerate the commencement of small, relatively simple Public Works projects; • Increase overall efficiency for the procurement, contracting, and project delivery; and
• Complete overall construction services in a timely manner. • Process has aided staff in expediting the work of roughly $16.1 million since 2018

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Packet Pg. 293 Attachment: PowerPoint Presentation (6087 : 1st Reading Ordinance to update MSA 3 Timeline for Public Works Contracts - Requiring City Council Approval SMALL

PROJECTS
4 WEEKS
2 WEEKS
1 WEEK
7 WEEKS
6 WEEKS
20 WEEKS

BID PREP ONLINE BIDDING BID EVALUATION STAFF REPORT EXECUTE CONTRACT START Simple projects take approximately 20 weeks to commence work.

COMPLEX

PROJECTS
8 WEEKS
4 WEEKS
2 WEEKS
7 WEEKS
6 WEEKS
27 WEEKS

BID PREP ONLINE BIDDING BID EVALUATION STAFF REPORT EXECUTE CONTRACT START Complex projects take approximately 27 weeks to commence work.

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Packet Pg. 294 Attachment: PowerPoint Presentation (6087 : 1st Reading Ordinance to update MSA 4 Master Services Agreements – Process
• Solicit and pre-qualify contractors to provide general construction services for five categories of work:
• Interior remodels / tenant improvements
• Exterior building renovations
• Parks / playgrounds / site work
• General engineering
• Pier work
• Execute a Master Services Agreements with the best qualified contractor for asneeded services • Solicit bids from pre-qualified contractors for each project and identify best bidder • Director of Public Works approves a Task Order for a project to start construction

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Packet Pg. 295 Attachment: PowerPoint Presentation (6087 : 1st Reading Ordinance to update MSA 5 Master (As-Needed) Services Agreements – Proposed Amendments • To allow the Director of Public Works to delegate the authority to issue task orders to a designee
• Address ongoing construction cost escalation by having the task order and MSA thresholds, previously established in 2018, adjust automatically ever year to the current California Construction Cost Index • Transition the agreements from being referred to as Master Services Agreement to As-Needed Services Agreements

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Packet Pg. 296 Attachment: PowerPoint Presentation (6087 : 1st Reading Ordinance to update MSA 6 Master (As-Needed) Services Agreements – Proposed Amendments

8.B.d
Packet Pg. 297 Attachment: PowerPoint Presentation (6087 : 1st Reading Ordinance to update MSA As-Needed Services Agreements
Thank you and questions

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Packet Pg. 298 Attachment: PowerPoint Presentation (6087 : 1st Reading Ordinance to update MSA City Council
Report
City Council Meeting: October 24, 2023
Agenda Item: 8.C
1 of 9
To: Mayor and City Council
From: David Martin, Director, Administration
Subject: Introduction and First Reading of an Interim Zoning Ordinance Amending the Text of the Zoning Ordinance to: (1) Replace the Term “Medical Marijuana Dispensary” with “Medicinal Cannabis Retailer”; (2) Remove Certain Requirements for Medicinal Cannabis Retailers for Consistency with State Law; and (3) Permit Medicinal Cannabis Retailers To Deliver, Cultivate, and Sell Adult-Use Cannabis or Adult-Use Cannabis Products to Persons 21 Years of Age and Over
Recommended Action
Staff recommends that the City Council:

1. Adopt a finding of Categorical Exemption pursuant to Section 15061(b)(3) (Common Sense Exemption) of the California Environmental Quality Act (CEQA) Guidelines.

2. Introduce for first reading an Interim Zoning Ordinance amending the text of the Zoning Ordinance to replace the term “Medical Marijuana Dispensary” with “Medicinal Cannabis Retailer”, to remove certain requirements for Medicinal Cannabis Retailers for consistency with State law, and to permit Medicinal Cannabis Retailers to deliver, cultivate, and sell adult-use cannabis or adult-use cannabis products to persons 21 Years of Age and Over.

3. Introduce for first reading an Ordinance amending Section 6.203.010 of the Santa Monica Municipal Code to allow medicinal cannabis retailers with medicinal cannabis permits issued before October 10, 2023, to deliver, cultivate, and sell adult-use cannabis and adult-use cannabis products to persons 21 years of age and over, subject to Santa Monica Municipal Code Section 9.31.185.

Summary
On June 13, 2023, the City Council received a presentation on key policy considerations for allowing adult-use cannabis businesses and other non-retail cannabis business types within the City of Santa Monica. The City Council also discussed options for

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allowing adult-use cannabis sales and associated regulatory restrictions and provided the following direction to staff:
• Return to Council with an Ordinance allowing for adult-use cannabis retail business and non-retail business types within the City. • Conduct an equity study and create a cannabis social equity program to help ensure that the communities most impacted by federal and state cannabis enforcement policies are provided an opportunity to benefit from the cannabis industry.
• Begin by initially returning to Council with an Ordinance permitting the two previously approved Medicinal Cannabis Retailers to sell adult-use cannabis.

Accordingly, the proposed Interim Zoning Ordinance would permit the two Medicinal Cannabis Retailers in the City with active Conditional Use Permits to sell adult-use cannabis or adult-use cannabis products to persons of 21 years of age or over. The Interim Zoning Ordinance would also replace the term “Medical Marijuana Dispensary” with “Medicinal Cannabis Retailer” and remove certain requirements for Medicinal Cannabis Retailers for consistency with State law. The proposed Ordinance amends Section 6.203.010 of the Santa Monica Municipal Code to allow medicinal cannabis retailers with active Conditional Use Permits issued before October 10, 2023, to engage in retail cannabis sales subject to Santa Monica Municipal Code Section 9.31.185.

Background
The City of Santa Monica first adopted regulations for medical marijuana (medicinal cannabis) in June of 2015 as a part of the City’s comprehensive Zoning Ordinance update (Article 9 of the Santa Monica Municipal Code) which enabled up to two medicinal cannabis retailers within the City subject to a regulatory permit and selection process. All other cannabis-related uses were prohibited. The dispensaries were allowed only along limited sections of Wilshire Boulevard and Santa Monica Boulevard within the Mixed-Use Boulevard Low (MUBL), Mixed-Use Boulevard (MUB) or General Commercial (GC) zones subject to a Conditional Use Permit.

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On October 24, 2017, the City Council adopted an Interim Zoning Ordinance (IZO) adding Section 6.200 to the Santa Monica Municipal Code, which established general regulations and definitions for commercial cannabis activities, including a regulatory permit process for medicinal cannabis retailers and light (non-volatile) manufacturing.

The IZO also made other changes as needed including replacing the term “Medical Marijuana Dispensary” with “Medicinal Cannabis Retailer” and removing certain requirements for Medicinal Cannabis Retailers in SMMC Section 9.31.185 for consistency with State law. The ordinance prohibited all adult-use commercial cannabis activities including retail, cultivation, testing, distribution, and manufacturing. The IZO has subsequently expired. After a prolonged selection process, two medicinal cannabis retailers were selected. One of the retailers began operations recently at 925 Wilshire Boulevard. The second retailer located at 1416 Wilshire Boulevard is still in the permitting process.

California’s cannabis regulations allow that cannabis can be sold commercially for either medicinal or recreational adult-use purposes. Medicinal cannabis is available only to persons 18 years or older who have a valid recommendation from a physician.

Medicinal cannabis patients also have the option of obtaining a State-issued Medical Cannabis Identification Card (MMIC), but this is not required. Both the physician’s recommendation and the identification card are required to be renewed every year. Only 3,199 such cards were issued in all of California in 2022. Adult-use cannabis can be sold to anyone age 21 years or older without a physician’s recommendation.

The State of California’s Department of Cannabis Control (DCC) may issue licenses for either medicinal (M) or adult-use (A), or for both medicinal and adult-use (M/A). Initially, California’s cannabis program required that all cannabis and cannabis products had to be designated for either the medicinal or adult-use market through all stages of the supply chain, but later revisions changed this so that product grown or manufactured for either market can be shifted to the other up until the point of sale. This makes the medicinal or adult-use designation largely meaningless for wholesale cannabis businesses as it does not predetermine how the product will eventually be sold.

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Of over 11,000 DCC business licenses in California, 1,360 are for medicinal cannabis only (12%). The rest are for either adult-use or for both medicinal and adult-use. Among the state’s 1,891 retailers (including retailing microbusinesses), only 31 are licensed for just medicinal cannabis sales.

Medicinal cannabis is estimated to make up only around 9% of cannabis retail sales in California. The primary advantage for consumers to purchase cannabis through the medicinal market is an exemption from regular sales tax only for those qualifying patients who present a Medical Marijuana Identification Card at the time of purchase (a savings of 7.25% to 10.25%, depending on the jurisdiction). The small number of patients with valid MMIC cards makes their impact on tax revenues statistically insignificant.

Expanding adult-use cannabis retail in the City can also help with economic recovery efforts. As a result of the COVID-19 Declaration of Emergency, the City of Santa Monica, County of Los Angeles, and State of California maintained public health measures that included, at differing times, strict limitations on public gatherings, required closures of certain businesses, and strict limitations and protocols for the operations of businesses permitted to remain open. The local, state, and federal emergency declarations have since concluded, but the economic impacts of the COVID19 closures of, and limitations on, businesses and resulting behavior changes continue to affect the local Santa Monica economy. As the commercial and economic landscape evolves, the City’s economic recovery and competitive advantage will depend on its ability to deliver on a diverse range of unique dining, retail, commercial, and entertainment uses and other revenue streams. 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.

Accordingly, on July 26, 2022, the City Council voted to place a cannabis business license tax measure (Measure HMP) on the November 2022 ballot, imposing a tax on all commercial cannabis activities at initial rates of 3% of gross receipts for adult-use cannabis retailers, 2% for medicinal cannabis retailers, and 1% on other cannabis

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business types. Measure HMP was approved by over 66% of voters in November 2022.

The voter-approved rates are included in Santa Monica Municipal Code (SMMC) Chapter 6.204.

At its June 13, 2023, study session, City Council considered various policy considerations for allowing adult-use cannabis businesses and other non-retail cannabis business types within the City and directed staff to return to Council with an Ordinance permitting the two previously approved Medicinal Cannabis Retailers to sell adult-use cannabis.

Past Council Actions
Meeting Date Description
10/24/17 (attachment A) Adoption of Interim Ordinance Replacing the Term "Medical Marijuana Dispensary" with "Medicinal Cannabis Retailer" Throughout the City's Zoning Ordinance, Chapter 9.01 Through Chapter 9.52 of Article 9 of the Santa Monica Municipal Code; Creating a Definition for "Medicinal Cannabis Retailer" to Replace the Definition for "Medical Marijuana Dispensary" to Conform With State Law; Removing Certain Requirements for Medicinal Cannabis Retailers for Consistency with State Law and to Allow for Separate Regulation and Rulemaking; and Modifying the Definition of "Industry, Limited" to Allow for Medicinal Cannabis Light Manufacturing
02/25/20 (attachment B) Adoption of Interim Zoning Ordinance Extending Interim Zoning Ordinances Number 2557 (CCS) and 2566 (CCS), Which
Replaced the Term "Medical Marijuana Dispensary" with
"Medicinal Cannabis Retailer" Throughout the City's Zoning Ordinance, Chapter 9.01 Through Chapter 9.52 of Article 9 of the Santa Monica Municipal Code; Created a Definition for "Medicinal Cannabis Retailer" to Replace the Definition for "Medical Marijuana Dispensary" to Conform with State Law; Removed Certain Requirements for Medicinal Cannabis
Retailers for Consistency with State Law and to Allow for Separate Regulation and Rulemaking; and Modified the
Definition of "Industry, Limited" to Allow for Medicinal Cannabis Light Manufacturing
06/13/23 (attachment C) Adult-Use Cannabis Study Session Discussion
The Zoning Ordinance refers to a Medicinal Cannabis Retailer as a “Medical Marijuana Dispensary” and has the following broad definition:

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Medical Marijuana Dispensary. Any facility, building, structure, or fixed location where one or more qualified patients and/or persons with identification cards and/or primary caregivers cultivate, distribute, sell, dispense, transmit, process, exchange, give away, or otherwise make available marijuana for medical purposes. The terms “primary caregiver,” “qualified patient,” and “person with an identification card” shall be as defined in California Health and Safety Code Section 11362.5 et seq.

This terminology and the definition of Medical Marijuana Dispensary had been changed in the 2017 IZO to be consistent with terminology used in adopted State law and the cannabis industry replacing the use of the word “dispensary” with “retailer”, using the term “cannabis” instead of “marijuana”, and using the term “medicinal” instead of “medical” when referring to permitted business activities. The new definition for Medicinal Cannabis Retailer in the 2017 IZO was changed as follows:

Medicinal Cannabis Retailer. A licensed premises which is a physical location from which retail medicinal cannabis or medicinal cannabis products are intended to be sold for use, pursuant to the Compassionate Use Act of 1996 (Proposition 215), found at Section 11362.5 of the Health and Safety Code, by a medicinal cannabis patient in California who possesses a physician’s recommendation.

The premises may be closed to the public; sales may be made exclusively by delivery.

The IZO expired in January 2023 at which time the terminology, definition of Medicinal Cannabis Retailer, and other modified use standards in SMMC Section 9.31.185 reverted back to the outdated language in the Zoning Ordinance which references Medical Marijuana Dispensaries. The proposed IZO would make the same changes to the terminology, definition, and use standards as the prior 2017 IZO to be consistent with State law and the cannabis industry.

In order to allow the two previously permitted Medicinal Cannabis Retailers to sell adultuse cannabis or cannabis products, staff is proposing a further modification to the definition of Medicinal Cannabis Retailer to include the following additional language:
“Subject to the provisions of SMMC Section 9.31.185, Medicinal Cannabis Retailers shall be permitted to deliver, cultivate, or sell adult-use cannabis or adult-use cannabis

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products, as licensed and regulated by Business and Professions Code Section 26000 et seq, and as amended from time to time, to persons 21 years of age and over.” Santa Monica Municipal Code Section 9.31.185 provides a range of specific use standards for Medicinal Cannabis Retailers including a requirement that each of the two Medicinal Cannabis Retailers obtain a Conditional Use Permit which both Medicinal Cannabis Retailers have done. The proposed IZO includes new language in SMMC Section 9.31.185 to permit the delivery, cultivation, and sale of adult-use cannabis or adult-use cannabis products to persons 21 years of age and over only in locations with active Conditional Use Permits for Medicinal Cannabis Retailer uses as of October 10, 2023. The existing Conditional Use Permits would remain in effect, but conditions prohibiting the adult-use of cannabis will not be enforced.

Certain regulations found in SMMC Section 9.31.185 regulating the operations of Medicinal Cannabis Retailers were written prior to the adoption of comprehensive State laws regulating cannabis. The proposed IZO removes sub-sections I, K, and L of Section 9.31.185 that address Staffing and Security, Required Patron Notification, and Prohibited Activities which are either addressed in State law or can be more effectively addressed through the regulatory ordinance and rules.

SMMC Section 6.203.010 currently prohibits commercial nonmedicinal cannabis sales in the City. The proposed ordinance would create an exception to this general prohibition for the two entities that have been issued medicinal cannabis permits pursuant to Chapter 6.201 of the Santa Monica Municipal Code. A medicinal cannabis retailer that chooses to engage in nonmedicinal retail sales must comply with the provisions set forth in SMMC Section 9.31.185.

The sales of adult-use cannabis products or adult-use cannabis products would be subject to the cannabis business tax regulations of SMMC Chapter 6.204. The cannabis business tax imposed upon any retailer of adult-use non-medicinal cannabis or adult-use non-medicinal cannabis products is three (3) percent of the gross receipts derived from the retail sale of adult-use non-medicinal cannabis or adult-use non8.C Packet Pg. 305
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medicinal cannabis products. The tax rate may be adjusted by the City Council but shall not exceed the maximum tax rate of ten percent without voter approval.

Environmental Analysis
The proposed interim ordinance is categorically exempt from the provisions of California Environmental Quality Act (CEQA) pursuant to Section 15061(b)(3) of the State Implementation Guidelines (common sense exemption). Based on the evidence in the record, it can be seen with certainty that there is no possibility that the proposed interim ordinance may have a significant effect on the environment. The change in terminology from “Medical Marijuana Dispensary” to “Medicinal Cannabis Retailer” and the additional revisions to the requirements for Medicinal Cannabis Retailers within the City are consistent with recent changes to State law. The sale of adult-use cannabis or adult-use cannabis products at Medicinal Cannabis Retailers with active Conditional Use Permits are consistent with existing land uses and will not change the approved commercial land use for these locations. (See e.g., Lucas v. City of Pomona (2023) 92 Cal.App.5th 508 (holding that substantial evidence supported city’s determination that proposed commercial cannabis activities were exempt from CEQA as consistent with existing retail land uses and density covered by previous EIR). Therefore, no further environmental review under CEQA is required.

Financial Impacts and Budget Actions
There is no budget action necessary as a result of the recommended action. Staff has not included tax revenue projections associated with adult-use cannabis sales in the FY 2023-24 budget; however, the potential revenue anticipated from the currently authorized businesses is nominal. Future year revenues based on the upcoming ordinance will be included in future year budgets.

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

A. October 24, 2017 Council Meeting Cannabis Interim Zoning Ordinance (Web Link)
B. February 25, 2020 Council Meeting Cannabis Interim Zoning Ordinance Extension (Web Link)
C. June 13, 2023 Council Meeting Adult-Use Cannabis Study Session D. Ordinance Amending Section 6.203.010 09.27.23 (001) (clean) E. Interim Zoning Ordinance to Allow Adult-Use Cannabis F. Written Comments
G. PowerPoint Presentation

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1 City Council Meeting: October 10, 2023 Santa Monica, California ORDINANCE NUMBER _____ (CCS)
(City Council Series)

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA AMENDING SECTION 6.203.010 OF THE SANTA MONICA MUNICIPAL CODE

TO ALLOW MEDICINAL CANNABIS RETAILERS WITH MEDICINAL
CANNABIS PERMITS ISSUED BEFORE OCTOBER 10, 2023 TO DELIVER,

CULTIVATE, AND SELL ADULT-USE CANNABIS OR ADULT-USE CANNABIS PRODUCTS TO PERSONS 21 YEARS OF AGE AND OVER, SUBJECT TO SANTA MONICA MUNICIPAL CODE SECTION 9.31.185
WHEREAS, the State of California has a long history of regulating cannabis uses within the State; and
WHEREAS, in 1996, California voters approved Proposition 215 (codified at Health and Safety Code section 11362.5 and titled the “Compassionate Use Act of 1996”), which provides criminal immunity for patients and primary caregivers for the cultivation and possession of cannabis if a doctor has recommended the cannabis for medical purposes; and
WHEREAS, in 2004, Senate Bill 420 was enacted (codified at Health and Safety Code section 11362.7 et seq. and titled the “Medical Marijuana Program Act”) to clarify the scope of the Compassionate Use Act of 1996; and WHEREAS, the Medical Marijuana Program Act allows cities and other governing bodies to adopt and enforce laws consistent with its provisions; and WHEREAS, in 2015, Assembly Bills 243 and 266 and Senate Bill 643 were enacted (codified at Business and Professions Code section 19300 et seq. and titled the “Medical Marijuana Regulation and Safety Act”) and provided for enhanced statewide marijuana regulations; and

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Packet Pg. 308 Attachment: Ordinance Amending Section 6.203.010 09.27.23 (001) (clean) (6084 : Interim Zoning Ordinance to Allow Adult-Use Cannabis Sales 2 WHEREAS, In November 2016, voters approved Proposition 64, the Adult Use of Marijuana Act (“AUMA”), which allows adults 21 years of age or older to legally grow, possess, and use cannabis for nonmedicinal purposes, with certain restrictions; and
WHEREAS, beginning on January 1, 2018, AUMA authorizes the sale and distribution of cannabis for nonmedicinal purposes through a licensed business; and
WHEREAS, in 2017, the State legislature enacted Senate Bill 94 which created the Medicinal and Adult-Use Cannabis Regulation and Safety Act (“MAUCRSA”) which establishes a robust set of regulations for the medicinal and adult use cannabis markets, aligns all permit types, and authorizes certain state agencies to establish rules governing cannabis operations and to implement the law; and
WHEREAS, MAUCRSA continues to preserve local control over cannabisrelated uses by: (1) requiring medicinal cannabis businesses to obtain both a state license and a local license or permit, if required, to operate legally in California, (2) terminating the ability of a medicinal cannabis business to operate if its local license or permit is terminated, (3) continuing to authorize local governments to enforce local cannabis-related laws, (4) providing for penalties for unlicensed activities, and (5) expressly protecting local licensing practices, zoning and business regulation laws, and local actions taken under the constitutional police power; and

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Packet Pg. 309 Attachment: Ordinance Amending Section 6.203.010 09.27.23 (001) (clean) (6084 : Interim Zoning Ordinance to Allow Adult-Use Cannabis Sales 3 WHEREAS, consistent with State actions, the City Council, when adopting its comprehensive update to its Zoning Ordinance in 2015, contemplated authorizing two medicinal cannabis retailers within the City to serve local needs; and
WHEREAS, the City has commenced a prolonged medicinal cannabis retailer selection process and issued two permits for the operation of a medicinal cannabis retailers in the City; and
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, on May 10, 2022, City Council requested that the City Manager schedule a study session as soon as practicable regarding whether to allow for the sale of nonmedicinal cannabis in the City of Santa Monica; and WHEREAS, on July 26, 2022, in line with potential economic recovery efforts, the City Council voted to place a cannabis business license tax measure (Measure HMP) on the November 2022 ballot, imposing a tax on all commercial cannabis activities; and
WHEREAS, in the November 2022 election, the voters approved Measure HMP; and
WHEREAS, on June 13, 2023, City Council held a discussion session where it: (1) considered key policy considerations for allowing adult-use cannabis businesses and other non-retail cannabis business types within the City of Santa Moncia; (2) discussed options for allowing adult-use cannabis sales and

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Packet Pg. 310 Attachment: Ordinance Amending Section 6.203.010 09.27.23 (001) (clean) (6084 : Interim Zoning Ordinance to Allow Adult-Use Cannabis Sales 4 associated regulatory restrictions as may be appropriate; and (3) provided direction to staff on bringing back changes to the Municipal Code to allow for adultuse cannabis retail businesses and non-retail cannabis business types within the City; and
WHEREAS, at the June 13, 2023, study session, City Council approved allowing the previously approved medicinal cannabis retailers to also sell, cultivate, and deliver adult-use cannabis while the permanent adult-use cannabis updates are pending; and
WHEREAS, Section 6.203.010 of the Santa Monica Municipal Code currently prohibits commercial cannabis sales in the City; and WHEREAS, the City desires to amend Section 6.203.010 of the Santa Monica Municipal Code to allow medicinal cannabis retailers with medicinal cannabis permits issued before October 10, 2023 to deliver, cultivate, and sell adult-use cannabis or adult-use cannabis products to persons 21 years of age and over subject to the Santa Monica Municipal Code Section 9.31.185.

NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF SANTA
MONICA DOES HEREBY ORDAIN AS FOLLOWS (new text underlined, deleted text shown with strikethrough):

SECTION 1. Commercial Nonmedicinal Cannabis Uses. Santa Monica Municipal Code Section 6.203.010 is amended as follows:

6.203.01 Commercial Nonmedicinal Cannabis Uses
a. Except as provided in subsection b, below, it It shall be unlawful to undertake, establish, operate, maintain, or permit any commercial nonmedicinal cannabis use in the City. Except as provided in this subsection b, below, no No use permit, business license, variance, building permit, or any other entitlement,

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Packet Pg. 311 Attachment: Ordinance Amending Section 6.203.010 09.27.23 (001) (clean) (6084 : Interim Zoning Ordinance to Allow Adult-Use Cannabis Sales 5 license, or permit, whether administrative or discretionary, shall be approved or issued. The possession of a State license for commercial nonmedicinal cannabis use shall not be sufficient to authorize the operation of such a use within the City. b. Notwithstanding the prohibitions set forth in subsection a, above, a medicinal cannabis retailer that has been issued a medicinal cannabis permit pursuant to Chapter 6.203 of the Santa Monica Municipal Code prior to October 10, 2023, and subject to Santa Monica Municipal Code Section 9.31.185, shall be permitted to deliver, cultivate, or sell adult-use cannabis or adult-use cannabis products, as licensed and regulated by Business and Professions Code Section 26000 et seq. and as amended from time to time, to persons 21 years of age and over.

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

SECTION 3. If any section, subsection, sentence, clause, or phrase of this Ordinance is for any reason held to be invalid or unconstitutional by a decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this Ordinance. The City Council hereby declares that it would have passed this Ordinance and each and every section, subsection, sentence, clause, or phrase not declared invalid or unconstitutional without regard to whether any portion of the ordinance would be subsequently declared invalid or unconstitutional.

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Packet Pg. 312 Attachment: Ordinance Amending Section 6.203.010 09.27.23 (001) (clean) (6084 : Interim Zoning Ordinance to Allow Adult-Use Cannabis Sales 6 SECTION 4. The Mayor shall sign and the City Clerk shall attest to the passage of this Ordinance. The City Clerk shall cause the same to be published once in the official newspaper within 15 days after its adoption. This Ordinance shall become effective thirty days after its adoption.

APPROVED AS TO FORM:
_________________________

DOUGLAS SLOAN
City Attorney

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Packet Pg. 313 Attachment: Ordinance Amending Section 6.203.010 09.27.23 (001) (clean) (6084 : Interim Zoning Ordinance to Allow Adult-Use Cannabis Sales 1 City Council Meeting: October 24, 2023 Santa Monica, California ORDINANCE NUMBER _____ (CCS)
(City Council Series)

AN INTERIM ZONING ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA AMENDING THE TEXT OF THE ZONING ORDINANCE TO:
(1) REPLACE THE TERM “MEDICAL MARIJUANA DISPENSARY” WITH “MEDICINAL CANNABIS RETAILER”; (2) REMOVE CERTAIN

REQUIREMENTS FOR MEDICINAL CANNABIS RETAILERS FOR
CONSISTENCY WITH STATE LAW; AND (3) PERMIT MEDICINAL CANNABIS

RETAILERS TO SELL ADULT-USE CANNABIS OR ADULT-USE CANNABIS PRODUCTS TO PERSONS 21 YEARS OF AGE AND OVER
WHEREAS, the State of California has a long history of regulating cannabis uses within the State; and
WHEREAS, in 1996, California voters approved Proposition 215 (codified at Health and Safety Code section 11362.5 and titled the “Compassionate Use Act of 1996”), which provides criminal immunity for patients and primary caregivers for the cultivation and possession of cannabis if a doctor has recommended the cannabis for medical purposes; and
WHEREAS, in 2004, Senate Bill 420 was enacted (codified at Health and Safety Code section 11362.7 et seq. and titled the “Medical Marijuana Program Act”) to clarify the scope of the Compassionate Use Act of 1996; and WHEREAS, the Medical Marijuana Program Act allows cities and other governing bodies to adopt and enforce laws consistent with its provisions; and WHEREAS, in 2015, Assembly Bills 243 and 266 and Senate Bill 643 were enacted (codified at Business and Professions Code section 19300 et seq. and titled the “Medical Marijuana Regulation and Safety Act”) and provided for enhanced statewide marijuana regulations; and

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Packet Pg. 314 Attachment: Interim Zoning Ordinance to Allow Adult-Use Cannabis [Revision 1] (6084 : Interim Zoning Ordinance to Allow Adult-Use Cannabis 2 WHEREAS, In November 2016, voters approved Proposition 64, the Adult Use of Marijuana Act (“AUMA”), which allows adults 21 years of age or older to legally grow, possess, and use cannabis for nonmedicinal purposes, with certain restrictions; and
WHEREAS, beginning on January 1, 2018, AUMA authorizes the sale and distribution of cannabis for nonmedicinal purposes through a licensed business; and
WHEREAS, in 2017, the State legislature enacted Senate Bill 94 which created the Medicinal and Adult-Use Cannabis Regulation and Safety Act (“MAUCRSA”) which establishes a robust set of regulations for the medicinal and adult use cannabis markets, aligns all permit types, and authorizes certain state agencies to establish rules governing cannabis operations and to implement the law; and
WHEREAS, MAUCRSA continues to preserve local control over cannabisrelated uses by: (1) requiring medicinal cannabis businesses to obtain both a state license and a local license or permit, if required, to operate legally in California, (2) terminating the ability of a medicinal cannabis business to operate if its local license or permit is terminated, (3) continuing to authorize local governments to enforce local cannabis-related laws, (4) providing for penalties for unlicensed activities, and (5) expressly protecting local licensing practices, zoning and business regulation laws, and local actions taken under the constitutional police power; and

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Packet Pg. 315 Attachment: Interim Zoning Ordinance to Allow Adult-Use Cannabis [Revision 1] (6084 : Interim Zoning Ordinance to Allow Adult-Use Cannabis 3 WHEREAS, consistent with State actions, the City Council, when adopting its comprehensive update to its Zoning Ordinance in 2015, contemplated authorizing two medicinal cannabis retailers within the City to serve local needs; and
WHEREAS, on October 24, 2017, the City Council adopted an Interim Zoning Ordinance (IZO) which replaced the term “medical marijuana dispensary” with “medicinal cannabis retailer” throughout the Zoning Ordinance; created a definition for “medicinal cannabis retailer” to replace the definition for “medical marijuana dispensary” to conform with State law; removed certain requirements for medicinal cannabis retailers for consistency with State law and to allow for separate and more effective regulatory rulemaking; and modified the definition of “industry, limited” to allow for medicinal cannabis light manufacturing; and WHEREAS, that IZO initially prohibited all adult-use commercial cannabis activities, including retail, cultivation, testing, distribution, and manufacturing; WHEREAS, since then, the City has commenced a prolonged medicinal cannabis retailer selection process and issued two permits for the operation of medicinal cannabis retailers in the City; and
WHEREAS, the IZO was extended on several occasions and has since expired, causing the terminology, definitions, and other modified use standards to revert back to the previous outdated language in the Zoning Ordinance; 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

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Packet Pg. 316 Attachment: Interim Zoning Ordinance to Allow Adult-Use Cannabis [Revision 1] (6084 : Interim Zoning Ordinance to Allow Adult-Use Cannabis 4 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; 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 COVID-19, amending and superseding its earlier March 16, 2020 Order, closing all nonessential businesses, and limiting gatherings; 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

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Packet Pg. 317 Attachment: Interim Zoning Ordinance to Allow Adult-Use Cannabis [Revision 1] (6084 : Interim Zoning Ordinance to Allow Adult-Use Cannabis 5 of certain businesses, and strict limitations and protocols for the operations of businesses permitted to remain open; and
WHEREAS, the local, state, and federal COVID-19 emergency declarations have since concluded, but 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;
WHEREAS, as the commercial and economic landscape evolves, the City’s economic recovery and competitive advantage will depend on its ability to deliver on a diverse range of unique dining, retail, commercial, and entertainment uses; and
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, on May 10, 2022, City Council requested that the City Manager schedule a study session as soon as practicable regarding whether to allow for the sale of nonmedicinal cannabis in the City of Santa Monica; and WHEREAS, on July 26, 2022, in line with potential economic recovery efforts, the City Council voted to place a cannabis business license tax measure (Measure HMP) on the November 2022 ballot, imposing a tax on all commercial cannabis activities; and
WHEREAS, in the November 2022 election, the voters approved Measure HMP; and
WHEREAS, on June 13, 2023, City Council held a study session where it:

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Packet Pg. 318 Attachment: Interim Zoning Ordinance to Allow Adult-Use Cannabis [Revision 1] (6084 : Interim Zoning Ordinance to Allow Adult-Use Cannabis 6 (1) considered key policy considerations for allowing adult-use cannabis businesses and other non-retail cannabis business types within the City of Santa Moncia; (2) discussed options for allowing adult-use cannabis sales and associated regulatory restrictions as may be appropriate; and (3) provided direction to staff on bringing back changes to the Municipal Code to allow for adultuse cannabis retail businesses and non-retail cannabis business types within the City; and
WHEREAS, at the June 13, 2023, study session, City Council directed allowing the previously approved medicinal cannabis retailers to also sell adult-use cannabis while the permanent adult-use cannabis updates are pending, and the City desires to update the interim regulations in order to allow such use; and WHEREAS, the proposed IZO would also make the same changes to the terminology, definitions, and use standards as the prior 2017 IZO to be consistent with State law and the cannabis industry; and
WHEREAS, the City Council finds and declares that there continues to exist a current and immediate threat to the public health, safety and general welfare that requires the proposed IZO to allow for economic recovery within the City by expanding permitted cannabis use and also to update the Zoning Ordinance to extinguish any inconsistencies with State law and the cannabis industry; and

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

SECTION 1. Interim Zoning Regulations. Santa Monica Municipal Code Chapters 9.01 through 9.52 are hereby amended as follows:

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Packet Pg. 319 Attachment: Interim Zoning Ordinance to Allow Adult-Use Cannabis [Revision 1] (6084 : Interim Zoning Ordinance to Allow Adult-Use Cannabis 7 (a) The term “Medical Marijuana Dispensary” shall be replaced with “Medicinal Cannabis Retailer” throughout.
(b) Santa Monica Municipal Code Section 9.31.185 is hereby amended as follows:

9.31.185 Medicinal Cannabis Retailers Medical Marijuana Dispensaries A. Purpose. The purpose of this subsection is to ensure that the development of Medicinal Cannabis RetailersMedical Marijuana Dispensaries does not adversely impact adjacent parcels or the surrounding neighborhoods in which they are located and that they will be developed in a manner that protects the health, safety, and general welfare of nearby residents and businesses while providing for the needs of all segments of the community. Medicinal Cannabis RetailersMedical Marijuana Dispensaries shall be permitted, located, developed, and operated consistent with the following development standards:

B. Conditional Use Permit. Each Medicinal Cannabis Retailer Medical Marijuana Dispensary shall be subject to the approval of a Conditional Use Permit by the Planning Commission, appealable to the City Council.

C. Number and Location. A maximum of 2 Medicinal Cannabis Retailers Medical Marijuana Dispensaries no larger than 2,500 square feet shall be permitted. Medicinal Cannabis Retailers Medical Marijuana Dispensaries are prohibited within 600 feet of a Child Care and Early Education or Family Day Care Facility, park, school, library, Social Service Center, or other Medicinal Cannabis Retailer Medical Marijuana Dispensary. The distance shall be established on the date of application for the Conditional Use Permit.

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Packet Pg. 320 Attachment: Interim Zoning Ordinance to Allow Adult-Use Cannabis [Revision 1] (6084 : Interim Zoning Ordinance to Allow Adult-Use Cannabis 8 D. Hours of Operation. Medicinal Cannabis Retailers Medical Marijuana Dispensaries may be operated between the hours of 10:00 a.m. and 8:00 p.m.

Monday through Saturday and 12:00 p.m. to 7:00 p.m. on Sundays.

E. Recommendations. No recommendations for medicinal cannabis medicinal marijuana shall be issued on-site.

F. Delivery. Delivery of medicinal cannabis medical marijuana to patients or primary care givers as defined in Health and Safety Code Section 11362.5 et seq. is permitted.

G. Source Requirement. Only medicinal cannabis medical marijuana cultivated in California may be sold in a Medicinal Cannabis Retailer Dispensary.

H. On-Site Cultivation. A maximum area of 15% of the total floor area may be used for on-site cultivation. medical marijuana.

I. Staffing and Security.

1. Security Plan. The dispensary operator shall submit a security plan for review and approval by the Director of Planning with review and comment by the Police Department. The plan shall include but not be limited to provisions for qualified security staffing, alarms, video monitoring, securing cash, controlled customer access, and other similar elements the Director of Planning deems necessary to ensure the security of the site.

2. Alarm System. A centrally monitored alarm system shall be installed and maintained in good working order.

3. Staffing.
a. An on-site supervisor must be present at all times that the

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Packet Pg. 321 Attachment: Interim Zoning Ordinance to Allow Adult-Use Cannabis [Revision 1] (6084 : Interim Zoning Ordinance to Allow Adult-Use Cannabis 9 Dispensary is in operation.
b. Emergency Contact. The dispensary operator shall provide the Chief of Police and neighbors within 500 feet of the Dispensary with the name, phone number, and facsimile number of an on-site community relations staff person to whom one can provide notice if there are operating problems associated with the Dispensary. The Dispensary shall make a good faith effort to encourage members of the public to call this person to try to solve operating problems, if any, before calls or complaints are made to the City.
c. Employees of the establishment shall be at least 21 years of age and patients a minimum of 18 years of age.

IJ. Litter. Outdoor trash receptacles shall be available near the entrances to and exits from the establishment. The premises shall be continuously maintained in a safe, clean, and orderly condition with twice daily litter pick-up within 500 feet of the Medicinal Cannabis Retailer dispensary.

K. Required Patron Notification. Dispensary staff shall notify patrons of the following verbally and through posting of a sign in a conspicuous location readily visible to persons entering the premises:

1. Use of medical marijuana shall be limited to the patient identified on the doctor’s recommendation. Secondary sale, barter, or distribution of medical marijuana is a crime and can lead to arrest.

2. Patrons must immediately leave the site and not consume medical marijuana until at home or in an equivalent private location. Dispensary staff shall

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Packet Pg. 322 Attachment: Interim Zoning Ordinance to Allow Adult-Use Cannabis [Revision 1] (6084 : Interim Zoning Ordinance to Allow Adult-Use Cannabis 10 monitor the site and vicinity to ensure compliance.

3. Forgery of medical documents is a felony crime.

4. Entry into the premises by persons under the age of 18 is prohibited unless they are a qualified patient and accompanied by a parent or legal guardian.

L. Prohibited Activities. There shall be no on-site sales or consumption of alcohol or tobacco.

JM. Inspections. A Medicinal Cannabis Retailer Dispensary owner shall authorize reasonable City inspection of the property by Santa Monica Code Enforcement and Police staff or other agents or employees of the City to ensure compliance with the conditions of approval imposed by the City in approving this project and will bear the reasonable cost of these inspections as established by Santa Monica Municipal Code Section 2.72.010 and Resolution No. 9905 (CCS) or any successor legislation thereto. These inspections shall be no more intrusive than necessary to ensure compliance with conditions of approval.

KN. Enforcement Cooperation. A Medicinal Cannabis Retailer, and all employees thereof, Dispensary management shall use best efforts to assist the police in investigating and prosecuting any violations of this Chapter consistent with constitutional provisions.

L. Sale of Adult-Use Cannabis or Adult-Use Cannabis Products.

Notwithstanding anything to the contrary in this Section or Municipal Code, Medicinal Cannabis Retailers that have been issued a Conditional Use Permit as of October 24, 2023 shall be permitted to deliver and sell adult-use cannabis or adult-use cannabis products, as licensed and regulated by Business and

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Packet Pg. 323 Attachment: Interim Zoning Ordinance to Allow Adult-Use Cannabis [Revision 1] (6084 : Interim Zoning Ordinance to Allow Adult-Use Cannabis 11 Professions Code Section 26000 et seq. to persons 21 years of age and over. Only cannabis cultivated within California may be sold in accordance with this subsection. Cannabis shall not be consumed or used at the subject property.

Conditions of a Conditional Use Permit issued to a Medicinal Cannabis Retailer eligible to sell adult-use cannabis or adult-use cannabis products under this subsection L that prohibit or otherwise interfere with the sale of adult-use cannabis or adult-use cannabis products shall not be enforced by the City in accordance with the permissions set forth in this subsection L. All remaining Conditional Use Permit conditions shall be subject to enforcement and will apply equally to adultuse cannabis. (c) SMMC Section 9.51.030 is hereby amended to read as follows:

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

1. Adult Day Care. Establishments providing non-medical care for persons 18 years of age or older on a less than 24-hour basis licensed by the State of California.

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

3. Child Care and Early Education Facility. Establishments providing non-medical care for persons less than 18 years of age on a less than 24-hour basis other than family day care (small and large). This classification includes commercial and nonprofit nursery schools, preschools, day care facilities

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Packet Pg. 324 Attachment: Interim Zoning Ordinance to Allow Adult-Use Cannabis [Revision 1] (6084 : Interim Zoning Ordinance to Allow Adult-Use Cannabis 12 for children, and any other day care facility licensed by the State of California. See Division 3, Section 9.31.120, Child Care and Early Education Facilities, for further details.

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

5. Community Assembly. A facility for public or private meetings including community centers, banquet centers, religious assembly facilities, civic auditoriums, union halls, meeting halls for clubs and other membership organizations. This classification includes functionally related facilities for the use of members and attendees such as kitchens, multi-purpose rooms, and storage. It does not include gymnasiums or other sports facilities, convention centers, or facilities, such as day care centers and schools that are separately classified and regulated. See Division 3, Section 9.31.100, Community Assembly, for further details.

6. Community Garden. An area of land managed and maintained by a public or nonprofit organization or a group of individuals to grow and harvest food crops and/or ornamental crops, such as flowers, for personal or group use, consumption, or donation. Community gardens may be divided into separate plots for cultivation by one or more individuals or may be farmed collectively by members

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Packet Pg. 325 Attachment: Interim Zoning Ordinance to Allow Adult-Use Cannabis [Revision 1] (6084 : Interim Zoning Ordinance to Allow Adult-Use Cannabis 13 of the group and may include common areas maintained and used by group members. Community gardens may be accessory to public or institutional uses such as parks, schools, community centers, or religious assembly uses. This classification does not include gardens that are on a property in residential use when access is limited to those who reside on the property. Community gardens do not include medical marijuana collectives.

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

8. Hospitals and Clinics. State-licensed public, private, and nonprofit facilities providing medical, surgical, mental health, or emergency medical services. This classification includes facilities for inpatient or outpatient treatment, including substance-abuse programs, as well as training, research, and administrative services for patients and employees. This classification excludes veterinary services and animal hospitals (see Animal Care, Sales, and Services). a. Hospital. A facility providing medical, surgical, mental health, or services primarily on an in-patient basis, and including ancillary facilities for outpatient and emergency treatment, diagnostic services, training, research, administration, and services to patients, employees, or visitors.

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Packet Pg. 326 Attachment: Interim Zoning Ordinance to Allow Adult-Use Cannabis [Revision 1] (6084 : Interim Zoning Ordinance to Allow Adult-Use Cannabis 14 b. Clinic. A facility providing medical, mental health, or surgical services exclusively on an out-patient basis, including emergency treatment, diagnostic services, administration, and related services to patients who are not lodged overnight. Services may be available without a prior appointment. This classification includes licensed facilities offering substance abuse treatment, blood banks, plasma, dialysis centers, and emergency medical services offered exclusively on an out-patient basis.

This classification does not include private medical and dental offices that typically require appointments and are usually smaller scale (see Offices, Medical and Dental).

9. Park and Recreation Facility. Parks, playgrounds, recreation facilities, trails, wildlife preserves, and related open spaces, which are open to the general public. This classification also includes playing fields, courts, gymnasiums, swimming pools, picnic facilities, tennis courts, golf courses, and botanical gardens, as well as related food concessions or community centers within the facilities and restrooms within a primary structure or in an accessory structure on the same site.

10. Public Safety Facility. Facilities providing public-safety and emergency services, including police and fire protection and emergency medical services, with incidental storage, training and maintenance facilities.

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

12. Social Service Center. Facilities providing a variety of supportive

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Packet Pg. 327 Attachment: Interim Zoning Ordinance to Allow Adult-Use Cannabis [Revision 1] (6084 : Interim Zoning Ordinance to Allow Adult-Use Cannabis 15 services for disabled and homeless individuals and other targeted groups on a less than 24-hour basis. Examples of services provided are counseling, meal programs, personal storage lockers, showers, instructional programs, television rooms, and meeting spaces. This classification is distinguished from licensed day care centers (see Adult Day Care and Child Care and Early Education Facility), clinics (see Clinic), and emergency shelters providing 24-hour or overnight care (see Emergency Shelter).

B. Commercial Use Classifications

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

2. Animal Care, Sales and Services. Retail sales and services related to the boarding, grooming, and care of household pets, including:
a. Grooming and Pet Store. Retail sales of animals and/or services, including grooming, for animals on a commercial basis. Typical uses include dog bathing and clipping salons, pet grooming shops, and pet stores and shops. This classification excludes dog walking and similar pet care services not carried out at a fixed location, and excludes pet supply stores that do not sell animals or provide on-site animal services (see General Retail Sales).
b. Kennel. A commercial, nonprofit, or governmental facility for keeping, boarding, training, breeding or maintaining 4 or more dogs, cats, or other household pets not owned by the kennel owner or operator on a 24-hour basis. This classification includes animal shelters and animal hospitals that provide boarding-only services for animals not receiving

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Packet Pg. 328 Attachment: Interim Zoning Ordinance to Allow Adult-Use Cannabis [Revision 1] (6084 : Interim Zoning Ordinance to Allow Adult-Use Cannabis 16 services on the site but excludes the provision by shops and hospitals of 24-hour accommodation of animals receiving medical services on site. This classification also includes kennels that, in addition to 24-hour accommodation, provide pet care for periods of less than 24 hours but it does not include facilities that provide pet day care exclusively or predominantly.
c. Pet Day Care Service. A commercial, nonprofit, or
governmental facility for keeping 4 or more dogs, cats, or other household pets not owned by the kennel owner or operator primarily for periods of less than 24 hours.
d. Veterinary Service. Veterinary services for domesticated animals. This classification allows 24-hour accommodation of animals receiving medical services but does not include kennels.

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

This classification does not include facilities within public garages or other stations that are accessory to a permitted use.
b. Automobile Rental. Rental of automobiles. Typical uses include car rental agencies. See Division 3, Section 9.31.050, Automobile

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Packet Pg. 329 Attachment: Interim Zoning Ordinance to Allow Adult-Use Cannabis [Revision 1] (6084 : Interim Zoning Ordinance to Allow Adult-Use Cannabis 17 Rental, for further details.
c. Automobile Storage Parcel. Any property used for short- or long-term parking of vehicles for sale or lease at an automobile dealership or rental agency on a separate parcel from such agency or dealership. d. Automobile/Vehicle Sales and Leasing. Sale or lease, retail or wholesale, of new or used automobiles, light trucks, motorcycles, motor homes, and trailers, together with associated repair services and parts sales for vehicles sold or leased by the manufacturer associated with the dealership. (For auto repair, see Automobile/Vehicle Service and Repair, Major and Minor.) This classification includes on-site facilities for maintaining an inventory of vehicles for sale or lease but excludes buildings and property on a separate site that are used for storing vehicles (see Automobile Storage Parcel). Typical uses include automobile dealers and recreational vehicle sales agencies. This classification also includes minor on-site preparation, washing, buffing, waxing, and detailing of vehicles for sale or vehicles repaired at the facility. Any outdoor preparation, washing, buffing, waxing, and detailing of vehicles shall comply with the standards of Section 9.31.080(C), (D), (M), (N), (P), and (Q). This classification does not include automobile brokerage and other establishments that solely provide services of arranging, negotiating, assisting, or effectuating the purchase of automobiles for others. See Division 3, Section 9.31.070, Automobile/Vehicle Sales, Leasing, and Storage, for further details. e. Automobile/Vehicle Repair, Major. Repair of automobiles,

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Packet Pg. 330 Attachment: Interim Zoning Ordinance to Allow Adult-Use Cannabis [Revision 1] (6084 : Interim Zoning Ordinance to Allow Adult-Use Cannabis 18 trucks, motorcycles, motor homes, boats and recreational vehicles, including the incidental sale, installation, and servicing of related equipment and parts. This classification includes auto repair shops, body and fender shops, transmission shops, wheel and brake shops, auto glass services, vehicle painting, tire sales and installation, and installation of car alarms, sound, telecommunications, and navigation systems, but excludes vehicle dismantling or salvaging and tire retreading or recapping. See Division 3, Section 9.31.060, Automobile/Vehicle Repair, Major and Minor, for further details.
f. Automobile/Vehicle Service and Repair, Minor. The service and repair of automobiles, light-duty trucks, boats, and motorcycles, including the incidental sale, installation, and servicing of related equipment and parts. This classification includes the replacement of small automotive parts and liquids as an accessory use to a gasoline sales station or automotive accessories and supply store, as well as smog check quickservice oil, tune-up and brake and muffler shops where repairs are made or service provided in enclosed bays and no vehicles are stored overnight.

This classification excludes disassembly, removal or replacement of major components such as engines, drive trains, transmissions or axles; automotive body and fender work, vehicle painting or other operations that generate excessive noise, objectionable odors or hazardous materials, and towing services. It also excludes repair of heavy trucks, limousines or construction vehicles. See Division 3, Section 9.31.060, Automobile/Vehicle

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Packet Pg. 331 Attachment: Interim Zoning Ordinance to Allow Adult-Use Cannabis [Revision 1] (6084 : Interim Zoning Ordinance to Allow Adult-Use Cannabis 19 Repair, Major and Minor, for further details.
g. Automobile/Vehicle Washing. Washing, waxing, or cleaning of automobiles or similar light vehicles, that are the principal use of a building, structure, or site, including self-serve washing facilities. See Division 3, Section 9.31.080, Automobile/Vehicle Washing, for further details.
h. Large Vehicle and Equipment Sales, Service, and Rental Sales, servicing, rental, fueling, and washing of large trucks, trailers, tractors, and other equipment used for construction, moving, agricultural, or landscape gardening activities. Includes large vehicle operation training facilities.
i. Service Station. Establishments primarily engaged in retailing automotive fuels or retailing these fuels in combination with activities, such as providing minor automobile/vehicle repair services; selling automotive oils, replacement parts, and accessories; and/or providing accessory food and retail services. See Division 3, Section 9.31.320, Service Stations, for further details.
j. Towing and Impound. Establishments primarily engaged in towing light or heavy motor vehicles, both local and long distance. These establishments may provide incidental services, such as vehicle storage and emergency road repair services (for automobile dismantling, see Salvage and Wrecking). This classification includes parcels used for storage of impounded vehicles.

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Packet Pg. 332 Attachment: Interim Zoning Ordinance to Allow Adult-Use Cannabis [Revision 1] (6084 : Interim Zoning Ordinance to Allow Adult-Use Cannabis 20 4. Banks and Financial Institutions.
a. Bank and Credit Union. Financial institutions providing retail banking services. This classification includes only those institutions engaged in the on-site circulation of money, including credit unions, but excluding check-cashing businesses. For administration, headquarters, or other offices of banks and credit unions without retail banking services/onsite circulation of money (see Offices, Business and Professional). b. Check Cashing Business. Establishments that, for
compensation, engage in the business of cashing checks, warrants, drafts, money orders, or other commercial paper serving the same purpose. This classification also includes the business of deferred deposits, whereby the check casher refrains from depositing a personal check written by a customer until a specific date pursuant to a written agreement as provided in Civil Code 1789.33. Check Cashing Businesses do not include State or Federally chartered banks, savings associations, credit unions, or industrial loan companies. They also do not include retail sellers engaged primarily in the business of selling consumer goods, such as consumables to retail buyers that cash checks or issue money orders incidental to their main purpose or business.

5. Bar. See Eating and Drinking Establishments.

6. Business Service. Establishments providing goods and services to other businesses on a fee or contract basis, including printing and copying, blueprint services, mailbox services, equipment rental and leasing, office security,

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Packet Pg. 333 Attachment: Interim Zoning Ordinance to Allow Adult-Use Cannabis [Revision 1] (6084 : Interim Zoning Ordinance to Allow Adult-Use Cannabis 21 custodial services, film processing, model building, and delivery services with 2 or fewer fleet vehicles on-site. (For 3 or more fleet vehicles, see Light Fleet-Based Services.)

7. Commercial Entertainment and Recreation. Provision of participant or spectator entertainment. This classification may include restaurants, snack bars, and other incidental food and beverage services to patrons. a. Cinema. Facilities for indoor display of films and motion pictures.
b. Theater. Facilities designed and used for entertainment, including plays, comedy, and music, which typically contain a stage upon which movable scenery and theatrical appliances or musical instruments and equipment are used.
c. Convention and Conference Centers. Facilities designed and used for conventions, conferences, seminars, trade shows, product displays, and other events in which groups gather to promote and share common interests. Convention centers typically have at least one auditorium and may also contain concert halls, lecture halls, meeting rooms, and conference rooms, as well as accessory uses such as facilities for food preparation and serving and administrative offices. For conference facilities accessory to hotels, see Hotel and Motel.
d. Large-Scale Facility. This classification includes large outdoor facilities such as amusement and theme parks, sports stadiums and arenas, racetracks, amphitheaters, drive-in theaters, driving ranges, and

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Packet Pg. 334 Attachment: Interim Zoning Ordinance to Allow Adult-Use Cannabis [Revision 1] (6084 : Interim Zoning Ordinance to Allow Adult-Use Cannabis 22 golf courses. It also includes indoor facilities with 5,000 square feet or more in building area such as fitness centers, gymnasiums, handball, racquetball, or large tennis club facilities; ice or roller skating rinks; swimming or wave pools; miniature golf courses; bowling alleys; archery or indoor shooting ranges; and riding stables.
e. Small-Scale Facility. This classification includes small, generally indoor facilities that occupy less than 5,000 square feet of building area, such as billiard parlors, card rooms, game arcades, dance halls, small tennis club facilities, poolrooms, and amusement arcades. f. Fortunetelling. An establishment where a person or persons provide fortunetelling services and demand or receive, directly or indirectly, a fee or reward, or accept any donation for the exercise or exhibition of fortunetelling services, or give an exhibition of fortunetelling services at any place where a fee, donation or reward is charged or received, directly or indirectly as a condition of entry. Fortunetelling services shall include, but not be limited to, the telling of fortunes, forecasting of futures, or furnishing of any information not otherwise obtainable by the ordinary process of knowledge, by means of any occult or psychic power, faculty or force, psychic reading, occult reading, clairvoyance, clairaudience, cartomancy, psychometry, phrenology, spirits, mediumship, seership, prophecy, augury, astrology, palmistry, necromancy, mindreading, tarot card readings, tea leaves, telepathy or other craft, art, science, cards, talisman, charm, potion, magnetism, magnetized article or substance, crystal gazing, or magic of any

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Packet Pg. 335 Attachment: Interim Zoning Ordinance to Allow Adult-Use Cannabis [Revision 1] (6084 : Interim Zoning Ordinance to Allow Adult-Use Cannabis 23 kind or nature.

8. Eating and Drinking Establishments. Businesses primarily engaged in selling and serving prepared food and/or beverages for consumption on or off the premises.
a. Bar/Night Club/Lounge. Businesses that are licensed by the State to serve alcoholic beverages, including beer, wine and mixed drinks for consumption on the premises from a liquor service facility that is physically separate from the dining area and may be operated during hours when food is not served. See Division 3, Section 9.31.040, Alcoholic Beverage Sales, for further details.
b. Restaurant, Full-Service. Restaurants providing food and beverage services to patrons who order and are served while seated and pay after eating. Takeout service may also be provided. See Division 3, Section 9.31.040, Alcoholic Beverage Sales, where applicable, for further details.
c. Restaurant, Limited-Service and Take-Out. Establishments where food and beverages may be consumed on the premises, taken out, or delivered. This classification includes cafes, cafeterias, coffee shops, delicatessens, fast-food restaurants, sandwich shops, limited-service pizza parlors, self-service restaurants, ice cream and frozen yogurt shops, and snack bars with indoor or outdoor seating for customers. This classification includes bakeries that have tables for on-site consumption of products. It excludes catering services that do not sell food or beverages for on-site

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Packet Pg. 336 Attachment: Interim Zoning Ordinance to Allow Adult-Use Cannabis [Revision 1] (6084 : Interim Zoning Ordinance to Allow Adult-Use Cannabis 24 consumption (see Commercial Kitchen). See Division 3, Sections 9.31.040, Alcoholic Beverage Sales, and 9.31.280, Restaurants, Limited Service and Take Out Only, where applicable, for further details.
d. Food Hall. Establishments consisting of three or more individually licensed businesses within an enclosed building where food and beverages may be consumed on the premises, taken out, or delivered, and may also include small retail venues. Patrons may be served while seated and pay after eating, or orders may be made at a walk-up window, counter, machine, or remotely, and payment made prior to food consumption.

Characteristics of food halls include but are not limited to: shared entrance/lobby areas, compartmentalized spaces for individually licensed businesses, shared eating areas, shared restrooms, and shared “back of house” areas (e.g., storage, dishwashing, food preparation). Each compartmentalized space may have access to the exterior of the building, along with outdoor dining and seating areas, which may be shared with other businesses within the establishment.
e. With Drive-Through Facility. Establishments providing food and beverage services to patrons remaining in automobiles. Includes driveup service. f. With Outdoor Dining and Seating Area. Provision of outdoor dining facilities on the same property or in the adjacent public right-of-way.

See Division 3, Section 9.31.200, Outdoor Dining and Seating, for further details.

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Packet Pg. 337 Attachment: Interim Zoning Ordinance to Allow Adult-Use Cannabis [Revision 1] (6084 : Interim Zoning Ordinance to Allow Adult-Use Cannabis 25 9. Equipment Rental. Establishments whose primary activity is the rental of equipment, such as medical and party equipment, to individuals and business, and whose activities may include storage and delivery of items to customers.

10. Food and Beverage Sales. Retail sales of food and beverages for off-site preparation and consumption. Typical uses include food markets, groceries, and liquor stores.
a. Convenience Market. Retail establishments that sell a limited line of groceries, prepackaged food items, tobacco, magazines, and other household goods, primarily for off-premises consumption. These establishments typically have long or late hours of operation and occupy a relatively small building. This classification includes small retail stores located on the same parcel as or operated in conjunction with a Service Station but does not include delicatessens or specialty food shops. It excludes establishments that offer a sizeable assortment of fresh fruits and vegetables or fresh-cut meat (see General Market). See Division 3, Section 9.31.040, Alcoholic Beverage Sales, for further details. b. Farmers Market. A location where the primary activity is the sale of agricultural products by producers and certified producers. Sales of ancillary products may occur at the location. An open air farmers market may only be operated by a local government agency.
c. General Market. Retail food markets of food and grocery items primarily for offsite preparation and consumption. Typical uses include

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Packet Pg. 338 Attachment: Interim Zoning Ordinance to Allow Adult-Use Cannabis [Revision 1] (6084 : Interim Zoning Ordinance to Allow Adult-Use Cannabis 26 supermarkets and specialty food stores such as retail bakeries; candy, nuts and confectionary stores; meat or produce markets; vitamin and health food stores; cheese stores; and delicatessens. This classification may include small-scale specialty food production with retail sales such as pasta shops.

See Division 3, Sections 9.31.040, Alcoholic Beverage Sales, and 9.31.150, General Markets in Residential Districts, where applicable, for further details.
d. Liquor Store. Establishments primarily engaged in selling packaged alcoholic beverages for off-site consumption. See Division 3, Section 9.31.040, Alcoholic Beverage Sales, for further details.

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

12. Home Occupation. A use that is incidental and secondary to the primary residential use of a dwelling and compatible with surrounding residential uses. These uses include business, professional, and creative offices, food production, limited personal services, and urban agriculture. See Division 3, Section 9.31.160, Home Occupations for further details.

13. Instructional Services. Establishments that offer specialized programs in personal growth and development, typically in a classroom setting.

Typical uses include classes or instruction in music, health, athletics, art, or academics. Instructional Services may include rehearsal studios as an accessory

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Packet Pg. 339 Attachment: Interim Zoning Ordinance to Allow Adult-Use Cannabis [Revision 1] (6084 : Interim Zoning Ordinance to Allow Adult-Use Cannabis 27 use. This use type excludes Colleges and Trade Schools and facilities that offer instructional services (see General Personal Services). This use type also excludes gyms, exercise clubs, or studios offering performing arts, martial arts, physical exercise, or yoga training and similar types of instruction. See Personal Services-Physical Training.

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

9.31.170, Live-Work Units, for further details.

15. Lodging. An establishment providing overnight accommodations to transient patrons who maintain a permanent place of residence elsewhere for payment for periods of 30 consecutive calendar days or less. a. Bed and Breakfast. A residential structure that is in residential use in which the property owner or manager lives on site and within which up to 4 bedrooms are rented for overnight lodging and where meals may be provided. See Division 3, Section 9.31.090, Bed and Breakfasts, for further details.
b. Hotel and Motel. An establishment providing temporary lodging to transient patrons. These establishments may provide additional services, such as conference and meeting rooms, restaurants, bars, or

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Packet Pg. 340 Attachment: Interim Zoning Ordinance to Allow Adult-Use Cannabis [Revision 1] (6084 : Interim Zoning Ordinance to Allow Adult-Use Cannabis 28 recreation facilities available to guests or to the general public. This use classification includes motor lodges, motels, apartment hotels, hostels and tourist courts, but does not include rooming houses, boarding houses, or private residential clubs, single-room occupancy housing, or bed and breakfast establishments within a single-unit residence. c. Vacation Rental. A property with a dwelling unit or guest house intended for permanent occupancy that is available for rent or hire for any person other than the primary owner for transient use for 30 days or less or is otherwise occupied or utilized on a transient basis for 30 days or less. Vacation rental does not include a Bed and Breakfast as defined above.

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

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

18. Nursery and Garden Center. Establishments primarily engaged in retailing nursery and garden products—such as trees, shrubs, plants, seeds, bulbs, and sod—that are predominantly grown elsewhere. These establishments may sell a limited amount of a product they grow themselves. Fertilizer and soil products are stored and sold in packaged form only.

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Packet Pg. 341 Attachment: Interim Zoning Ordinance to Allow Adult-Use Cannabis [Revision 1] (6084 : Interim Zoning Ordinance to Allow Adult-Use Cannabis 29 19. Offices. Offices of firms, organizations (for-profit and nonprofit), and public agencies providing professional, executive, management, administrative or design services, such as accounting, architectural, computer software design, engineering, graphic design, interior design, investment, insurance, and legal offices, excluding banks and savings and loan associations with retail banking services (see Banks and Financial Institutions). This classification also includes offices where medical and dental services are provided by physicians, dentists, chiropractors, acupuncturists, optometrists, and similar medical professionals, including medical/dental laboratories within medical office buildings but excluding clinics or independent research laboratory facilities (see Research and Development) and hospitals (see Hospital and Clinic).
a. Business and Professional. Offices of firms, organizations, or agencies providing professional, executive, management, administrative, financial, accounting, or legal services, but excluding those that primarily provide direct services to patrons that visit the office (see Offices, Walk-In Clientele).
b. Creative. Offices, production spaces, and work spaces of establishments that are in the business of the development, publishing, production, or distribution of creative property, including, but not limited to, advertising, architectural services, broadcasting, communications, computer software design, media content, entertainment, engineering, fashion design, film distribution, graphic design, interior design, internet content, landscape design, photography, and similar uses.

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Packet Pg. 342 Attachment: Interim Zoning Ordinance to Allow Adult-Use Cannabis [Revision 1] (6084 : Interim Zoning Ordinance to Allow Adult-Use Cannabis 30 c. Medical and Dental. Offices providing consultation, diagnosis, therapeutic, preventive, or corrective personal treatment services by doctors and dentists; medical and dental laboratories that see patients; and similar practitioners of medical and healing arts for humans licensed for such practice by the State of California. Incidental medical and/or dental research within the office is considered part of the office use if it supports the on-site patient services.
d. Walk-In Clientele. Offices predominantly providing direct services to patrons or clients and do not require appointments. This use classification includes employment agencies, insurance agent offices, real estate offices, travel agencies, utility company offices, and offices for elected officials. It does not include banks or check-cashing facilities, which are separately classified and regulated (see Banks and Financial Institutions).

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

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

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Packet Pg. 343 Attachment: Interim Zoning Ordinance to Allow Adult-Use Cannabis [Revision 1] (6084 : Interim Zoning Ordinance to Allow Adult-Use Cannabis 31 massage establishments that are in full compliance with the applicable provisions of Chapter 6.104, Massage Regulations, of the Santa Monica Municipal Code, and in which all persons engaged in the practice of massage are certified pursuant to the California Business and Professions Code Section 4612. This classification does not include gyms, exercise clubs, or studios offering performing arts, martial arts, physical exercise, or yoga training and similar types of instruction. See Division 3, Section

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

22. Retail Sales

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Packet Pg. 344 Attachment: Interim Zoning Ordinance to Allow Adult-Use Cannabis [Revision 1] (6084 : Interim Zoning Ordinance to Allow Adult-Use Cannabis 32 (a) Building Materials and Services. Retail sales or rental of building supplies or equipment. This classification includes lumberyards, tool and equipment sales or rental establishments, and includes establishments devoted principally to taxable retail sales to individuals for their own use. This definition does not include Construction and Material Yards, hardware stores less than 10,000 square feet or establishments engaged in the business of selling, leasing, or otherwise transferring any firearm or ammunitions.
(b) General Retail Sales, Small-Scale. The retail sale or rental of merchandise not specifically listed under another use classification. This classification includes retail establishments with 25,000 square feet or less of sales area; including department stores, clothing stores, furniture stores, pet supply stores, small hardware and garden supply/nurseries stores (with 10,000 square feet or less of floor area), and businesses retailing goods including, but not limited to, the following: toys, hobby materials, handcrafted items, jewelry, cameras, photographic supplies and services (including portraiture and retail photo processing), medical supplies and equipment, pharmacies, electronic equipment, sporting goods, kitchen utensils, hardware, appliances, antiques, art galleries, art supplies and services, paint and wallpaper, carpeting and floor covering, office supplies, bicycles, video rental, and new automotive parts and accessories (excluding vehicle service and installation). Retail sales may be combined with other services such as office machine, computer, electronics, and

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Packet Pg. 345 Attachment: Interim Zoning Ordinance to Allow Adult-Use Cannabis [Revision 1] (6084 : Interim Zoning Ordinance to Allow Adult-Use Cannabis 33 similar small-item repairs. See Division 3, Sections 9.31.210, Outdoor Newsstands, and 9.31.220, Outdoor Retail Display and Sales, where applicable, for further details.
(c) General Retail Sales, Medium-Scale. The retail sale or rental of merchandise not specifically listed under another use classification. This classification includes retail establishments with more than 25,000 square feet but not more than 80,000 square feet of sales area. (d) General Retail Sales, Large-Scale. Retail establishments with over 80,000 square feet of sales area that sell merchandise and bulk goods for individual consumption, including membership warehouse clubs, where sales of grocery items do not occupy more than 25% of the floor area. (e) Medicinal Cannabis Retailer. A licensed premises which is a physical location from which retail medicinal cannabis or medicinal cannabis products are intended to be sold for use, pursuant to the Compassionate Use Act of 1996 (Proposition 215), found at Section 11362.5 of the Health and Safety Code, by a medicinal cannabis patient in California who possesses a physician’s recommendation. The premises may be closed to the public; sales may be made exclusively by delivery.

Subject to the provisions of SMMC Section 9.31.185 Medicinal Cannabis Retailers shall be permitted to deliver, cultivate, or sell adult-use cannabis or adult-use cannabis products, as licensed and regulated by Business and Professions Code Section 26000 et seq. and as amended from time to time, to persons 21 years of age and over. Medical Marijuana Dispensary Any

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Packet Pg. 346 Attachment: Interim Zoning Ordinance to Allow Adult-Use Cannabis [Revision 1] (6084 : Interim Zoning Ordinance to Allow Adult-Use Cannabis 34 facility, building, structure, or fixed location where one or more qualified patients and/or persons with identification cards and/or primary caregivers cultivate, distribute, sell, dispense, transmit, process, exchange, give away, or otherwise make available marijuana for medical purposes. The terms “primary caregiver,” “qualified patient,” and “person with an identification card” shall be as defined in California Health and Safety Code Section 11362.5 et seq.
i. A Medical Marijuana Dispensary shall not include the following uses, as long as the location of such uses are otherwise regulated by applicable law and as long as any such use complies strictly with applicable law including, but not limited to, California Health and Safety Code Section 11362.5 et seq.:
(1) A clinic licensed pursuant to Chapter 1 of Division 2 of the California Health and Safety Code.
(2) A health care facility licensed pursuant to Chapter 2 of Division 2 of the California Health and Safety Code.
(3) A residential care facility for persons with chronic lifethreatening illness licensed pursuant to Chapter 3.01 of Division 2 of the California Health and Safety Code.
(4) A residential care facility for the elderly licensed pursuant to Chapter 3.2 of Division 2 of the California Health and Safety Code.

8.C.e
Packet Pg. 347 Attachment: Interim Zoning Ordinance to Allow Adult-Use Cannabis [Revision 1] (6084 : Interim Zoning Ordinance to Allow Adult-Use Cannabis 35 (5) A residential hospice, or a home health agency
licensed pursuant to Chapter 8 of the California Health and Safety Code.
ii. A Medical Marijuana Dispensary shall also not include any dwelling unit where qualified patients or persons with an identification card permanently reside and collectively or cooperatively cultivate marijuana on-site for their own personal medical use and does not include the provision, cultivation, or distribution of medical marijuana at this dwelling unit by primary caregivers for the personal medical use of the qualified patients or persons with an identification card who have designated the individual(s) as a primary caregiver, in accordance with California Health and Safety Code Sections 11362.5 and 11362.7 et seq. (f) Pawn Shop. Establishments engaged in the buying or selling of new or secondhand merchandise and offering loans in exchange for personal property.
(g) Swap Meet. Any indoor or outdoor place, in an approved location, or for an approved activity where new or used goods or secondhand personal property is offered for sale or exchange to the general public by a multitude of individual licensed vendors, usually in compartmentalized spaces. The term swap meet is interchangeable with and applicable to: flea markets, auctions, open air markets, outdoor sales activities, or other similarly named or labeled activities; but does not include

8.C.e
Packet Pg. 348 Attachment: Interim Zoning Ordinance to Allow Adult-Use Cannabis [Revision 1] (6084 : Interim Zoning Ordinance to Allow Adult-Use Cannabis 36 supermarket or department store retail operations. See Division 3, Sections

9.31.360, Swap Meets, and 9.31.220, Outdoor Retail Display and Sales, for further details.

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

SECTION 3. If any section, subsection, sentence, clause, or phrase of this Ordinance is for any reason held to be invalid or unconstitutional by a decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this Ordinance. The City Council hereby declares that it would have passed this Ordinance and each and every section, subsection, sentence, clause, or phrase not declared invalid or unconstitutional without regard to whether any portion of the ordinance would be subsequently declared invalid or unconstitutional.

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

APPROVED AS TO FORM:
_________________________

DOUGLAS SLOAN

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Packet Pg. 349 Attachment: Interim Zoning Ordinance to Allow Adult-Use Cannabis [Revision 1] (6084 : Interim Zoning Ordinance to Allow Adult-Use Cannabis 37 City Attorney

8.C.e
Packet Pg. 350 Attachment: Interim Zoning Ordinance to Allow Adult-Use Cannabis [Revision 1] (6084 : Interim Zoning Ordinance to Allow Adult-Use Cannabis 1 Xavier Mota
From: Steven Rice <[email protected]>
Sent: Saturday, October 7, 2023 7:49 PM
To: councilmtgitems
Subject: Opposition to a non medicinal marijuana only dispensary at 1416 Wilshire Boulevard

EXTERNAL
Dear council ‐
I strongly oppose the efforts to open this dispensary so close to Lincoln Middle School & Lincoln child development center. As a longtime resident, growing up in this community, attending both Lincoln Junior High ( at its time ) and then graduating from Samohi. Now my wife and I are raising young daughters who currently attend Roosevelt elementary school. To have this recreational shop so close to our kids is a horrible idea.

We understand the importance of ensuring access to medical marijuana for those in genuine need, but my family is deeply concerned that eliminating these restrictions without first establishing a clear and comprehensive municipal code subsection for (Adult‐use) recreational marijuana retailers would be premature and potentially harmful.

We commend the Council for its thoughtful approach on the selection of retailers and the establishment of local ordinances pertaining to Medicinal Cannabis Dispensaries in our city. In light of this, I respectfully urge the Santa Monica City Council to continue its diligent efforts and prioritize the development and implementation of a comprehensive municipal code specifically tailored to regulate (Adult‐use) recreational marijuana retailers before any consideration is given to the removal of medical‐only restrictions. This code should address essential issues such as proximity to schools, advertising regulations, and stringent measures to prevent underage access. The impacts of Medical‐only Dispensaries vs. Adult‐use Recreational Dispensaries on a community are not equal, so the code defining them should not be the same.

Let us ensure that the interests of our children and the safety of our community are at the forefront of any decisions made regarding marijuana retail in Santa Monica. I kindly request that you carefully consider the potential ramifications of this proposal on our children's well‐being and education.

Thank you for your continued unwavering commitment to our community.

Sincerely,
Steve Rice
Sent from my iPhone
ITEM 10.C.

October 10, 2023
ITEM 10.C.

October 10, 2023

8.C.f
Packet Pg. 351 Attachment: Written Comments (6084 : Interim Zoning Ordinance to Allow Adult-Use Cannabis Sales at Existing Medicinal Cannabis Retailers) 1 Xavier Mota
From: Steven Rice <[email protected]>
Sent: Saturday, October 7, 2023 7:52 PM
To: councilmtgitems
Subject: Re: Opposition to a non medicinal marijuana only dispensary at 1416 Wilshire Boulevard ## to be clear medicinal only not recreational

EXTERNAL
Please be clear in the email just sent seconds ago No Recreational Use to be sold only medically recommended is what we support
Sent from my iPhone
On Oct 7, 2023, at 7:48 PM, Steven Rice <[email protected]> wrote:

Dear council ‐
I strongly oppose the efforts to open this dispensary so close to Lincoln Middle School & Lincoln child development center. As a longtime resident, growing up in this community, attending both Lincoln Junior High ( at its time ) and then graduating from Samohi. Now my wife and I are raising young daughters who currently attend Roosevelt elementary school. To have this recreational shop so close to our kids is a horrible idea.

We understand the importance of ensuring access to medical marijuana for those in genuine need, but my family is deeply concerned that eliminating these restrictions without first establishing a clear and comprehensive municipal code subsection for (Adult‐use) recreational marijuana retailers would be premature and potentially harmful.

We commend the Council for its thoughtful approach on the selection of retailers and the establishment of local ordinances pertaining to Medicinal Cannabis Dispensaries in our city. In light of this, I respectfully urge the Santa Monica City Council to continue its diligent efforts and prioritize the development and implementation of a comprehensive municipal code specifically tailored to regulate (Adult‐use) recreational marijuana retailers before any consideration is given to the removal of medical‐ only restrictions. This code should address essential issues such as proximity to schools, advertising regulations, and stringent measures to prevent underage access. The impacts of Medical‐only Dispensaries vs. Adult‐use Recreational Dispensaries on a community are not equal, so the code defining them should not be the same.

Let us ensure that the interests of our children and the safety of our community are at the forefront of any decisions made regarding marijuana retail in Santa Monica. I kindly request that you carefully consider the potential ramifications of this proposal on our children's well‐being and education.

Thank you for your continued unwavering commitment to our community.

Sincerely,
ITEM 10.C.

October 10, 2023
ITEM 10.C.

October 10, 2023

8.C.f
Packet Pg. 352 Attachment: Written Comments (6084 : Interim Zoning Ordinance to Allow Adult-Use Cannabis Sales at Existing Medicinal Cannabis Retailers) 2 Steve Rice
Sent from my iPhone
ITEM 10.C.

October 10, 2023
ITEM 10.C.

October 10, 2023

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Packet Pg. 353 Attachment: Written Comments (6084 : Interim Zoning Ordinance to Allow Adult-Use Cannabis Sales at Existing Medicinal Cannabis Retailers) 1 Xavier Mota
From: Wendy Meyer <[email protected]>
Sent: Monday, October 9, 2023 12:34 PM
To: councilmtgitems
Subject: City Clerk Re: Adult-Use Cannabis IZO

EXTERNAL
Hello,
I would like to submit a public comment to the Oct. 10, 2023 City Council member meeting.

Dear City Council Members, I would like the council to oppose amending the Interim Zoning Ordinance, until it can establish a clear and comprehensive municipal code subsection for (adult-use) recreational marijuana retailers. As a member of the community and a parent of underage students, I am concerned about recreational marijuana being sold in close proximity to the middle school.

Thank you,
Wendy Meyer

ITEM 10.C.

October 10, 2023
ITEM 10.C.

October 10, 2023

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Packet Pg. 354 Attachment: Written Comments (6084 : Interim Zoning Ordinance to Allow Adult-Use Cannabis Sales at Existing Medicinal Cannabis Retailers) 1 Xavier Mota
From: Esther Hickman <[email protected]>
Sent: Tuesday, October 10, 2023 9:50 AM
To: councilmtgitems; Council Mailbox
Subject: Agenda Item 10.C_Cannabis Label Warnings

EXTERNAL
Dear Honorable Council Members,
Please ask staff to work on facilitating prominent health warnings on all the possible health risks associated with cannabis consumption.

Not everyone metabolizes the properties in these products equally and kids should especially understand this.

Unfortunately, I have too many personal family stories about mental illness to share around this.

Being a 30 year patient of ankylosing spondylitis which requires a constant pain management regimen, I can tell you that medical marijuana is not for everyone to dabble in and should come with prominent warnings.

Also, have you driven through Van Nuys and North Hollywood lately?  Not a pretty sight.  Let's keep it professional, medical and with lots of prominent warning labels.  It would be terrible if this initiative created new problems. ‐‐
Esther Hickman
Pico Neighborhood Resident
SMMUSD Alumni and Parent
310.600.7306
ITEM 10.C.

October 10, 2023
ITEM 10.C.

October 10, 2023

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Packet Pg. 355 Attachment: Written Comments (6084 : Interim Zoning Ordinance to Allow Adult-Use Cannabis Sales at Existing Medicinal Cannabis Retailers) 1 Xavier Mota
From: Peter Borresen <[email protected]>
Sent: Tuesday, October 10, 2023 10:19 AM
To: councilmtgitems; Council Mailbox; Esther Hickman
Subject: Agenda Item 10.C. City council 10/10/2023. Public written comment. Cannabis warning labels.

EXTERNAL
Prominent, tobacco style, cannabis warning labels.

Dear City Council,
The US Center for Disease Control (the CDC) and the National Institute of Health (NIH) state that marijuana is proven to increase the risks of serious mental illness, including schizophrenia, and that it affects brain development, and causes many other serious harms.

It is astonishing that none of the city staff reports that I have seen discuss the health risks of cannabis. This is remiss of staff and must be addressed before going further.

I ask the council to pause further action regarding cannabis, and give staff time to look at requiring prominent health warnings at points of sale, on retail packaging and exterior signage.

Pot appears much more harmful to mental health than tobacco. As shown by many scientifically rigorous, peer reviewed studies, as referenced by the CDC, the NIH and many other health agencies,
We have health warnings for tobacco. To not have health warnings for pot is absurd.

Consumers have a right to know the risks they take when using a city-permitted, recreational drug.

And even for FDA medicines we require a list of side-effects and risks. By not warning of the risks, we open up the city to potential future expensive lawsuits from those who suffer psychosis and harm, when the risks are well known and proven. To say nothing of the harm to the individuals and to society regarding the increasing violence and homelessness resulting from rising cases of schizophrenia and psychosis. As we see every day on our streets.

Using the CDC and NIH websites as sources, I ask the council to send the staff report back and to ask staff to analyze the known health risks, and to study requiring prominent, tobacco style health warnings on retail packaging, and at the point of sale and outside stores.

I urge everyone to visit the CDC and NIH websites to read more about the health consequences of marijuana use.

Yours sincerely,
Peter Borresen,
Santa Monica
ITEM 10.C.

October 10, 2023
ITEM 10.C.

October 10, 2023

8.C.f
Packet Pg. 356 Attachment: Written Comments (6084 : Interim Zoning Ordinance to Allow Adult-Use Cannabis Sales at Existing Medicinal Cannabis Retailers) 1 Xavier Mota
From: Nicole villanova-price <[email protected]> Sent: Tuesday, October 10, 2023 10:27 AM
To: councilmtgitems
Subject: NO to Dispensary location near Lincoln Middle School

EXTERNAL
We, as the people of Santa Monica have felt ignored and not the top of our city's priority for quite some time. And now this. The thought of our council and city approving a non‐medical dispensary location less than 800 feet from our community middle school is unconscionable. The fact that a medical one went up under the cloud of Covid was already disturbing. Please make this right and refuse Medicinal Cannabis Retailers anywhere near our schools. It took years for the city to decide on where we stand and to land here is just an embarrassment.

My 8th grader at Lincoln already shares with me stories of kids being high everyday and getting high in the bathrooms.

We do not need to make this reality even easier for teenagers.

ITEM 10.C.

October 10, 2023
ITEM 10.C.

October 10, 2023

8.C.f
Packet Pg. 357 Attachment: Written Comments (6084 : Interim Zoning Ordinance to Allow Adult-Use Cannabis Sales at Existing Medicinal Cannabis Retailers) 1 Xavier Mota
From: Trinedy Kru <[email protected]>
Sent: Tuesday, October 10, 2023 11:04 AM
To: councilmtgitems
Subject: Agenda Item 10: City Clerk Re: Adult-Use Cannabis IZO

EXTERNAL
Subject: City Clerk Re: Adult-Use Cannabis IZO
Dear Santa Monica City Council,
I am writing to you as a concerned parent, with three children currently attending schools in Santa Monica. I would like to express my strong opposition to the proposed removal of medical-only restrictions on marijuana retailers at this time. If this proposal is approved too hastily, it will fail to adequately consider the potential repercussions on our local community, particularly on Lincoln Middle School and Lincoln Child Development Center, which are situated less than 800 feet away from the proposed location of the previously granted Conditional Use Permit at 1416 Wilshire Blvd.

While I wholeheartedly understand the importance of ensuring access to medical marijuana for those in genuine need, I am deeply concerned that eliminating these restrictions without first establishing a clear and comprehensive municipal code subsection for (Adult-use) recreational marijuana retailers would be premature and potentially harmful.

I commend the Council for its thoughtful approach to the selection of retailers and the establishment of local ordinances pertaining to Medicinal Cannabis Dispensaries in our city. In light of this, I respectfully urge the Santa Monica City Council to continue its diligent efforts and prioritize the development and implementation of a comprehensive municipal code specifically tailored to regulate (Adult-use) recreational marijuana retailers before any consideration is given to the removal of medical-only restrictions. This code should address essential issues such as proximity to schools, advertising regulations, and stringent measures to prevent underage access.

The impacts of Medical-only Dispensaries vs. Adult-use Recreational Dispensaries on a community are not equal, so the code defining them should not be the same.

Let us ensure that the interests of our children and the safety of our community are at the forefront of any decisions made regarding marijuana retail in Santa Monica. I kindly request that you carefully consider the potential ramifications of this proposal on our children's well-being and education.

Thank you for your unwavering commitment to our community.

Sincerely,
Trinedy Krusell
Santa Monica Resident, Parent, Volunteer, Voter, Business Owner ITEM 10.C.

October 10, 2023
ITEM 10.C.

October 10, 2023

8.C.f
Packet Pg. 358 Attachment: Written Comments (6084 : Interim Zoning Ordinance to Allow Adult-Use Cannabis Sales at Existing Medicinal Cannabis Retailers) 1 Xavier Mota
From: Sabrina Sin <[email protected]>
Sent: Tuesday, October 10, 2023 11:48 AM
To: councilmtgitems
Subject: City Clerk Re: Adult-Use Cannabis IZO

EXTERNAL
Dear Santa Monica City Council,
I'm asking the City Council to oppose amending the Interim Zoning Ordinance, until it can establish a clear and comprehensive municipal code subsection for (adult‐use) recreational marijuana retailers.  It is both premature and potentially harmful to do so without adequate review.  The location (1416 Wilshire Blvd) of the dispensary had already raised concerns with parents, residents, neighbors when issued as a medicinal retailer within 800 feet away from both a preschool and middle school.

I would like to express my strong opposition to the proposed removal of medical‐only restrictions on marijuana retailers at this time. If this proposal is approved too hastily, it will fail to adequately consider the potential repercussions on our local community, particularly on Lincoln Middle School and Lincoln Child Development Center.

This code should address essential issues such as proximity to schools, advertising regulations, and stringent measures to prevent underage access. The impacts of Medical‐only Dispensaries vs. Adult‐use Recreational Dispensaries on a community are not equal, so the code defining them should not be the same.

Let us ensure that the interests of our children and the safety of our community are at the forefront of any decisions made regarding marijuana retail in Santa Monica. I kindly request that you carefully consider the potential ramifications of this proposal on our children's well‐being and education.

A Concerned Parent,
Sabrina Sin
Santa Monica Resident
‐‐‐
ITEM 10.C.

October 10, 2023
ITEM 10.C.

October 10, 2023

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Packet Pg. 359 Attachment: Written Comments (6084 : Interim Zoning Ordinance to Allow Adult-Use Cannabis Sales at Existing Medicinal Cannabis Retailers) City Council
Item 8.C
October 24, 2023

8.C.g
Packet Pg. 360 Attachment: PowerPoint Presentation (6084 : Interim Zoning Ordinance to Allow Adult-Use Recommended Action
• Introduce for first reading an Interim Zoning Ordinance amending the text of the Zoning Ordinance to replace the term “Medical Marijuana Dispensary” with “Medicinal
Cannabis Retailer”, to remove certain requirements for
Medicinal Cannabis Retailers for consistency with State law, and to permit Medicinal Cannabis Retailers to deliver, cultivate, and sell adult-use cannabis or adult-use
cannabis products to persons 21 Years of Age and Over
City Council | 10.24.23 | Item 8.C

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Packet Pg. 361 Attachment: PowerPoint Presentation (6084 : Interim Zoning Ordinance to Allow Adult-Use Recommended Action
• Introduce for first reading an Ordinance amending Section

6.203.010 of the Santa Monica Municipal Code to allow
medicinal cannabis retailers with medicinal cannabis
permits issued before October 10, 2023, to deliver,
cultivate, and sell adult-use cannabis and adult-use
cannabis products to persons 21 years of age and over,
subject to Santa Monica Municipal Code Section 9.31.185 City Council | 10.24.23 | Item 8.C

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Packet Pg. 362 Attachment: PowerPoint Presentation (6084 : Interim Zoning Ordinance to Allow Adult-Use Background
2015: Zoning Ordinance Update
• First regulations for medical marijuana (medicinal cannabis) 2017: Medicinal Cannabis IZO
• Updated terminology
• Created consistency with State law
• Prohibited adult-use cannabis activities
• Expired in 2023
2021/22: Conditional Use Permits granted
for two medicinal retailers
City Council | 10.24.23 | Item 8.C

8.C.g
Packet Pg. 363 Attachment: PowerPoint Presentation (6084 : Interim Zoning Ordinance to Allow Adult-Use Background
City Council | 10.24.23 | Item 8.C
Medicinal Cannabis
Retailers with active
Conditional Use
Permits as of
October 10, 2023
925
Wilshire
Blvd
1416
Wilshire
Blvd

8.C.g
Packet Pg. 364 Attachment: PowerPoint Presentation (6084 : Interim Zoning Ordinance to Allow Adult-Use Background
June 2023: Council Study Session
• Return to Council with an Ordinance allowing for adult-use cannabis retail business and non-retail business types within the City. • Conduct an equity study and create an adult-use cannabis social equity program.
• Begin by initially returning to Council with an Ordinance permitting the two previously approved Medicinal Cannabis Retailers to sell adult-use cannabis.

City Council | 10.24.23 | Item 8.C

8.C.g
Packet Pg. 365 Attachment: PowerPoint Presentation (6084 : Interim Zoning Ordinance to Allow Adult-Use Proposed Ordinances
• Permits the two medicinal cannabis retailers with active CUPs as of October 10, 2023, to deliver and sell adult-use cannabis • Can only be sold to customers 21 years of age and over • Updates terminology
• Creates consistency with State law
City Council | 10.24.23 | Item 8.C

8.C.g
Packet Pg. 366 Attachment: PowerPoint Presentation (6084 : Interim Zoning Ordinance to Allow Adult-Use Recommended Action
• Introduce for first reading an Interim Zoning Ordinance amending the text of the Zoning Ordinance to replace the term “Medical Marijuana Dispensary” with “Medicinal
Cannabis Retailer”, to remove certain requirements for
Medicinal Cannabis Retailers for consistency with State law, and to permit Medicinal Cannabis Retailers to deliver, cultivate, and sell adult-use cannabis or adult-use
cannabis products to persons 21 Years of Age and Over
City Council | 10.24.23 | Item 8.C

8.C.g
Packet Pg. 367 Attachment: PowerPoint Presentation (6084 : Interim Zoning Ordinance to Allow Adult-Use Recommended Action
• Introduce for first reading an Ordinance amending Section

6.203.010 of the Santa Monica Municipal Code to allow
medicinal cannabis retailers with medicinal cannabis
permits issued before October 10, 2023, to deliver,
cultivate, and sell adult-use cannabis and adult-use
cannabis products to persons 21 years of age and over,
subject to Santa Monica Municipal Code Section 9.31.185 City Council | 10.24.23 | Item 8.C

8.C.g
Packet Pg. 368 Attachment: PowerPoint Presentation (6084 : Interim Zoning Ordinance to Allow Adult-Use Recommended Action
• Adopt a finding of Categorical Exemption pursuant to
Section 15061(b)(3) (Common Sense Exemption) of the
California Environmental Quality Act (CEQA) Guidelines
City Council | 10.24.23 | Item 8.C

8.C.g
Packet Pg. 369 Attachment: PowerPoint Presentation (6084 : Interim Zoning Ordinance to Allow Adult-Use City Council
Item 8.C
October 24, 2023

8.C.g
Packet Pg. 370 Attachment: PowerPoint Presentation (6084 : Interim Zoning Ordinance to Allow Adult-Use Medicinal Cannabis
Retailers with active
Conditional Use
Permits as of
October 10, 2023
925
Wilshire
Blvd
1416
Wilshire
Blvd

8.C.g
Packet Pg. 371 Attachment: PowerPoint Presentation (6084 : Interim Zoning Ordinance to Allow Adult-Use City Council
Report
City Council Meeting: October 24, 2023
Agenda Item: 8.D
1 of 6
To: Mayor and City Council
From: Rick Valte, Public Works Director, Public Works, Water Resources Subject: Introduction and First Reading of Water and Wastewater Capacity Study Ordinances
Recommended Action
Staff recommends that the City Council:

1. Adopt a finding of Categorical Exemption pursuant to Section 15061 (b)(3) and Section 15308 of the California Environmental Quality Act (CEQA) Guidelines.

2. Introduce for first reading the attached ordinance to amend Santa Monica Municipal Code 7.12.180 to require water capacity studies for new developments.

3. Introduce for first reading the attached ordinance to amend Santa Monica Municipal Code 7.04 to require wastewater capacity studies for new developments.

Summary
The City of Santa Monica’s Water Resources Division within the Public Works Department operates and maintains an expansive domestic water and sanitary sewer network that consists of over 200 miles of water mains and over 150 miles of wastewater collection pipes that collectively serve over 93,000 residents and 2,700 businesses in the city. In its current configuration, the city’s water and wastewater infrastructure may not be able to accommodate future high-density developments that replace existing lower density land uses. To ensure reliable water and wastewater services are maintained, water and wastewater capacity studies have been required by the City for new developments to analyze the development’s impact and verify if those impacts can be accommodated by the City’s water and wastewater infrastructure.

However, the City’s utility ordinances have not been updated since the 1990s and do

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not reflect the need for clarity as to the City’s utility review process for new development, so that (i) developers can take into account adequate water and sewer capacity to service their developments and impacts to all other properties that share local infrastructure, and (ii) developers can have an opportunity early in the planning and design process to understand the City’s level of service requirements and verify available capacity to serve the development. Early input is critical due to the anticipated increase in by-right Planning approvals for housing development, in accordance with state housing laws and the City’s 6th Cycle Housing Element and implementing ordinances. Staff therefore seeks to modify Santa Monica Municipal Code Chapter 7.12 and 7.04 to clarify requirements for conducting a water capacity study and wastewater capacity study, respectively, for new developments.

Discussion
The City’s Water Resources Division is a retail water agency that provides potable and recycled water throughout the city for single and multi-family residential, commercial, and industrial uses, as well as landscape irrigation and fire protection. The Water Resources Division is also responsible for all facilities that support the collection and conveyance of wastewater for safe collection and final treatment at the City of Los Angeles’s Hyperion Treatment Plant. The City’s water and wastewater infrastructure is largely built-out, therefore, the domestic water supply and wastewater collection infrastructure is already in place and generally fixed in nature. The City, to the extent practical, will provide water and wastewater service when: 1) sufficient water supply and distribution capacity and/or wastewater collection capacity is available to accommodate the new development’s water and wastewater demand and 2) the proposed development can be provided water and its wastewater can be safely collected in a manner that meets the City’s requirements. Per state law, water and sewer service is prioritized for new housing development over new commercial and industrial development.

Water and wastewater capacity studies (Capacity Studies) are required for new developments to analyze the development’s impact on the City’s water and wastewater infrastructure and verify if the existing infrastructure can accommodate the proposed

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development. Development projects have the potential to overtax the City’s wastewater and water systems, which could lead to sanitary sewer overflows and loss of pressure, or even loss of supply, in the water distribution system. Capacity Studies are vital to safeguard public health and maintain reliable service. The location and/or size of new development determines if the new development is required to implement off-site improvements (e.g., increasing the size of the wastewater collection pipe) to accommodate the increased water and/or wastewater service from the new development. This determination is based upon engineering hydraulic models and do not involve subjective determination by the City (e.g., any contribution from new development that would cause a sewer line to exceed 85% capacity during wet weather flow or water pressure to be outside of the range of 40 to 100 psi). Because the capacity determination is based upon locality and/or size of new development, it is possible that even a small development could impact local infrastructure. The only way to confirm available water/wastewater capacity to serve the development is to conduct a Capacity Study.

Currently, the requirement to conduct Capacity Studies and consequential off-site improvements is determined at the time of the Building Permit Plan Check when 100% plans of the proposed development are submitted for review. This may potentially delay the approval process as well as require additional design effort to incorporate off-site improvements.

The proposed ordinance would support the new streamlined entitlement and Building Permit Plan Check process by 1) determining if Capacity Studies are required before the planning application is deemed complete by the City and 2) if deemed required, the Capacity Studies and design of consequent off-site improvements to be completed before building plans are submitted for Building Permit Plan Check. This process will provide early determination, at the planning stage, if Capacity Studies are required for the new development. The developer would have sufficient time to conduct the Capacity Studies, confirm capacity and off-site improvements needed, and incorporate off-site improvements in the development’s overall plans as it is being designed.

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Any local off-site improvements identified through the Capacity Studies are the responsibility of the developer and are not covered by capital facility fees. Capital facility fees (or capacity fees) are to ensure future customers, or existing customers requesting additional service, would enter as equal participants as existing customers.

The capital facility fee is calculated based on existing assets and planned capital improvements projects to maintain current level of service since the city’s water/wastewater infrastructure is built-out. In other words, planned capital improvements (e.g., replacing a 70 year old 8-inch water main with a new 8-inch water main) are to maintain current level of service, or existing capacity, and not to increase service capacity that is triggered by new developments. In the past five years, there have only been two to three developments where off-site improvements have been required (e.g., 710 Broadway development).

The City’s water neutrality fees are intended to ensure no net new water use by any new development at the time a building permit is issued, but do not limit actual water use and/or wastewater discharged after a new development has obtained a certificate of occupancy. Furthermore, any water neutrality in-lieu fees are used to install water efficiency fixtures throughout the City to offset the increase in water demand of the development and do not correlate to impacts of new development on localized infrastructure. Consequently, the City’s water neutrality ordinance, while serving to limit increased water demand caused by new development, cannot be relied upon when making a technical determination as to sufficient water or sewer capacity for new development.

As a practical matter, a Capacity Study consists of data collected by monitoring water pressure and wastewater flows in the existing infrastructure in the vicinity of new proposed development as determined by Water Resources staff before new development is constructed to understand the baseline capacity of that infrastructure being used already.

Guidelines for the Capacity Studies will be published by the Water Resources Division and posted on the City’s website.

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A proposed draft of SMMC 7.12.180 to require water capacity studies for new developments is included in Attachment A.

A proposed draft of SMMC 7.04.880 to require wastewater capacity studies for new developments is included in Attachment B.

Environmental Review
The ordinances to require water and wastewater capacity studies for new developments are categorically exempt from the California Environmental Quality Act (CEQA) pursuant to Section 15061 (b)(3) and Section 15308 of the CEQA Guidelines. The ordinances are covered by the common sense exemption which states that CEQA does not apply, “where it can be seen with certainty that there is no possibility that the activity in question may have significant effect on the environment.” Section 15308 of the CEQA Guidelines exempts actions taken by regulatory agencies, as authorized by state or local ordinance, to assure the maintenance, restoration, enhancement, or protection of the environment where the regulatory process involves procedures for protection of the environment. The ordinance changes would establish requirements to conduct water and wastewater capacity studies to ensure that existing water and wastewater infrastructure would not be adversely impacted by new developments. Therefore, the ordinances are exempt pursuant to Section 15061(b)(3) and Section 15308 of the CEQA guidelines.

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.

8.D
Packet Pg. 376
6 of 6
Prepared By: Dinaz Kureishy, Civil Engineering Assistant Approved Forwarded to Council
Attachments:

A. Written Comments
B. Draft Ordinance - SMMC 7.12.180 Water Capacity Study C. Draft Ordinance - SMMC 7.04.880 Wastewater Capacity Study D. PowerPoint Presentation

8.D
Packet Pg. 377
1 Xavier Mota
From: Marc Verville <[email protected]>
Sent: Saturday, October 7, 2023 6:03 PM
To: Gleam Davis; Caroline Torosis; Jesse Zwick; Phil Brock; Oscar de la Torre; Christine Parra; Lana Negrete
Cc: councilmtgitems
Subject: SMCC 10-10-2023 Item 10.D. - Introduction and First Reading of Water and Wastewater Capacity Study Ordinances

EXTERNAL
Dear City Council,
The staff report for this item does not menƟon any process to incorporate pending state water usage cutbacks that will be especially substanƟal in Southern California.

The AssociaƟon of California Water Agencies’ (ACWA) “Making ConservaƟon a California Way of Life” (MCACWOL) program implemented under the 2018 statutes AB 1668 and SB 606, would require urban retail water suppliers to meet an agency‐specific urban water use objecƟve starƟng in 2025.  In total, about 80% of water agencies in California will be forced to cut back within the next 12 years, according to state esƟmates.  It is esƟmated that larger proporƟonal cuts will be required in Southern California, where a drier climate generally yield greater water use.  In some cases in the state, reducƟons of more than 50% will be mandated by 2035.

This means that the City’s Water Neutrality ordinance will require ongoing adjustment to account for the state‐mandated cuts.  Cuts to Citywide usage to comply with the MCACWOL program will severely restrict, if not eliminate, the amount of water available for incremental new developments.  And these cuts will be phased in over Ɵme, compounding the problem of meeƟng the new lower standards as thousands of new housing units hit the city every year.  None of these issues are addressed in the staff report.

Moreover, the DraŌ Ordinance ‐ SMMC 7.04.880 Wastewater Capacity Study notes in §1.g.ii ExempƟons that if the requirements would stop development, then it can be approved regardless under “hardship”.  This effecƟvely negates any developer restricƟons.

Since the city has not objected to the nominal RHNA allocaƟon of 8,895 units, and since an overwhelming number of projects are being approved with an effecƟve 10% inclusionary rate, the actual number of units being contemplated by the city is 50,000 or more.  Water neutrality will be impossible by definiƟon.  ExisƟng residents will be required to substanƟally subsidize development’s impact on water demands by even steeper cuts than the state mandates.

ITEM 10.D.

October 10, 2023
ITEM 10.D.

October 10, 2023

8.D.a
Packet Pg. 378 Attachment: Written Comments (6086 : Water and Wastewater Capacity Study Ordinance (20 mins)) 2 The absence of mechanisms in this item to address both the coming mandated state reducƟons and the effecƟve number of units the city is effecƟvely approving makes no sense.

This item must be reworked to provide clarity on how these significant risk issues will be addressed.

Respecƞully,
Marc Verville
Sunset Park
ITEM 10.D.

October 10, 2023
ITEM 10.D.

October 10, 2023

8.D.a
Packet Pg. 379 Attachment: Written Comments (6086 : Water and Wastewater Capacity Study Ordinance (20 mins)) 1 of 6
City Council Meeting October 24, 2023 Santa Monica, California ORDINANCE NUMBER _________ (CCS)
(City Council Series)

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
SANTA MONICA AMENDING SECTION 7.12.180 OF THE SANTA MONICA

MUNICIPAL CODE TO REQUIRE WATER CAPACITY STUDIES FOR NEW

DEVELOPMENTS
WHEREAS, the City’s Department of Public Works- Water Resources Division is a retail water agency that provides potable water for New Development, as well as landscape irrigation and fire protection; and
WHEREAS, the City and its water infrastructure are largely built out, therefore, the domestic water supply infrastructure is already in place and generally fixed in nature; and WHEREAS, the City, to the extent practical, provides water service when sufficient water supply and distribution capacity is available to accommodate demand approved within the service area; and
WHEREAS, the City’s Water Resources seeks to amend this section of code to require all New Development in the City to conduct a Water Capacity Study to confirm that the available water infrastructure (e.g., the size of the water service laterals directly serving the property or adjacent water mains) has sufficient capacity to deliver water to the New Development or does not adversely impact existing users; identify what additional infrastructure is needed to provide adequate service for the New Development;

8.D.b
Packet Pg. 380 Attachment: Draft Ordinance - SMMC 7.12.180 Water Capacity Study (6086 : Water and Wastewater Capacity Study Ordinance (20 mins)) 2 of 6
and ensure that the applicant for the New Development pays for the study as well as the additional infrastructure, if needed.

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

SECTION 1. Santa Monica Municipal Code Section 7.12.180 is hereby amended to read as follows:

7.12.180 Reserved Water Capacity Study Required for New Development. (a) Applicability. Except as provided in subparagraph (g), below, an applicant for New Development in the City shall conduct a Water Capacity Study to determine whether and to what extent additional local off-site water infrastructure improvements are necessary to serve the development. (b) Definitions.
i. “New Development”. For the purposes of implementing this Section, New Development means any new construction with water fixtures; any increase in gross floor area of an existing development with new water fixtures; and any subdivision of land, including lot splits. Without limiting the generality of the foregoing definition, new development includes the addition of an accessory dwelling unit, as defined in Section 9.31.025, but does not include the addition of a junior accessory dwelling unit, as defined in Section 9.31.025;

8.D.b
Packet Pg. 381 Attachment: Draft Ordinance - SMMC 7.12.180 Water Capacity Study (6086 : Water and Wastewater Capacity Study Ordinance (20 mins)) 3 of 6
ii. “Adverse Impact” means the inability to provide adequate potable water service due to the size of the existing infrastructure compared with the demand for potable water service required to serve existing and/or New Development.
iii. “Water Capacity Study” means a hydraulic analysis of the City’s water distribution system to determine if the existing infrastructure could maintain reliable service to the New Development or if off-site improvements are required to serve the New Development. (c) Timing for Submittal of Study.
i. The need to conduct a Water Capacity Study for the New Development shall be confirmed before the planning application, including but not limited to Administrative Approval Application or application for Development Review Permit, is deemed complete by the City. The Water Capacity Study, if required, shall be completed based upon the guidelines published by the City’s Water Resources Manager and posted on the Water Resources Division website.
ii. If a Water Capacity Study is required for the New Development, the capacity study, findings of the capacity study, and the plans for any local off-site improvements required to serve the New Development shall be

8.D.b
Packet Pg. 382 Attachment: Draft Ordinance - SMMC 7.12.180 Water Capacity Study (6086 : Water and Wastewater Capacity Study Ordinance (20 mins)) 4 of 6
completed before building plans are submitted for Building Permit Plan Check.
(d) Requirements for Off-Site Improvements. If the City’s Water Resources Manager or designee determines, based upon the Water Capacity Study results, that additional off-site infrastructure is required to satisfy the additional demand created by the New Development, then the applicant for the New Development shall be required to construct off-site infrastructure as necessary to accommodate the New Development. Required off-site improvements shall be confirmed at the time of Building Permit Plan Check. (e) The applicant for the New Development shall be responsible for paying all administrative fees (e.g., Water Study Review Fee) incurred by the City to review the Water Capacity Study.
(f) The Water Resources Manager may refuse water service in areas where the New Development will cause or contribute to creation of an Adverse Impact on the City’s water distribution infrastructure.
(g) Exemptions.
i. The City’s Director of Public Works may exempt an applicant or New Development from the requirements of this Section, upon showing by the

8.D.b
Packet Pg. 383 Attachment: Draft Ordinance - SMMC 7.12.180 Water Capacity Study (6086 : Water and Wastewater Capacity Study Ordinance (20 mins)) 5 of 6
applicant that the requirements of this Section would cause undue hardship.
ii. For purposes herein, an “undue hardship” shall be found where imposition of the water capacity study and local off-site improvement requirements would deprive the applicant or New Development of all economically beneficial use of that site or otherwise be prohibited by applicable State or Federal law.
iii. An undue hardship application shall include all information necessary for the Director to make a finding of undue hardship, including, but not limited to, documentation showing the factual support for the claimed undue hardship.
iv. The Director may approve the undue hardship exemption application, in whole or in part, with or without conditions.
v. Any exemption granted by the Director is effective immediately.

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

8.D.b
Packet Pg. 384 Attachment: Draft Ordinance - SMMC 7.12.180 Water Capacity Study (6086 : Water and Wastewater Capacity Study Ordinance (20 mins)) 6 of 6
this Ordinance and each and every section, subsection, sentence, clause, or phrase not declared invalid or unconstitutional without regard to whether any portion of the ordinance would be subsequently declared invalid or unconstitutional.

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

APPROVED AS TO FORM:
_________________________

DOUGLAS SLOAN
City Attorney

8.D.b
Packet Pg. 385 Attachment: Draft Ordinance - SMMC 7.12.180 Water Capacity Study (6086 : Water and Wastewater Capacity Study Ordinance (20 mins)) 1 of 6
City Council Meeting October 24, 2023 Santa Monica, California ORDINANCE NUMBER _________ (CCS)
(City Council Series)

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
SANTA MONICA ADDING SECTION 7.04.880 TO THE SANTA MONICA MUNICIPAL

CODE TO REQUIRE WASTEWATER CAPACITY STUDIES FOR NEW

DEVELOPMENTS
WHEREAS, the City’s Department of Public Works- Water Resources Division is responsible for all facilities that support the collection and conveyance of wastewater for safe collection and treatment; and
WHEREAS, the City and its wastewater infrastructure are largely built out, therefore, the wastewater collection infrastructure is already in place and generally fixed in nature; and
WHEREAS, the City, to the extent practical, will provide wastewater service when: 1) sufficient collection capacity is available to accommodate the demand approved by the City’s Water Resources Division within the service area and 2) the proposed development can be provided with wastewater collection services in a fashion that meets the City’s criteria as well as the City of Los Angeles’ criteria; and WHEREAS, the City currently collects and convey its wastewater to the City of Los Angeles’ Hyperion Treatment Plant as part of City of Los Angeles’ Amalgamated System; and

8.D.c
Packet Pg. 386 Attachment: Draft Ordinance - SMMC 7.04.880 Wastewater Capacity Study (6086 : Water and Wastewater Capacity Study Ordinance (20 mins)) 2 of 6
WHEREAS, the City’s Water Resources Division seeks to add a new section of code to require all new multi-family, mixed-use, institutional, and commercial development in the City to conduct a wastewater capacity study to confirm available capacity and identify local off-site water infrastructure improvements that the applicant/developer is responsible for to serve the development.

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

SECTION 1. Santa Monica Municipal Code Section 7.04.880 is hereby added to read as follows:

7.04.880 Wastewater Capacity Study Required for New Development. (a) Applicability. Except as provided in subparagraph (g), below, an applicant for New Development in the City shall conduct a Wastewater Capacity Study to determine whether and to what extent additional local off-site wastewater infrastructure improvements are necessary to serve the development. (b) Definitions.
i. “New Development”. For the purposes of implementing this Section, New Development means any new construction with water fixtures; any increase in gross floor area of an existing development with new water fixtures; and any subdivision of land, including lot splits. Without limiting the generality of the foregoing definition, new development includes the addition of an accessory dwelling unit, as defined in Section 9.31.025, but

8.D.c
Packet Pg. 387 Attachment: Draft Ordinance - SMMC 7.04.880 Wastewater Capacity Study (6086 : Water and Wastewater Capacity Study Ordinance (20 mins)) 3 of 6
does not include the addition of a junior accessory dwelling unit, as defined in Section 9.31.025;
ii. “Adverse Impact” means the inability to provide adequate wastewater collection service due to the size of the existing infrastructure compared with the demand for wastewater service required to serve existing and/or New Development.
iii. “Wastewater Capacity Study” means a hydraulic analysis of the City’s wastewater collection system to determine if the existing infrastructure could maintain reliable service to the New Development or if off-site improvements are required to serve the New Development. (c) Timing for Submittal of Study.
i. The need to conduct a Wastewater Capacity Study for the New Development shall be confirmed before the planning application, including but not limited to Administrative Approval Application or application for Development Review Permit, is deemed complete by the City. The Wastewater Capacity Study, if required, shall be completed based upon the guidelines published by the City’s Water Resources Manager and posted on the Water Resources Division website.

8.D.c
Packet Pg. 388 Attachment: Draft Ordinance - SMMC 7.04.880 Wastewater Capacity Study (6086 : Water and Wastewater Capacity Study Ordinance (20 mins)) 4 of 6
ii. If a Wastewater Capacity Study is required for the New Development, the capacity study, findings of the capacity study, and the plans for any local off-site improvements required to serve the New Development shall be completed before building plans are submitted for Building Permit Plan Check.
(d) Requirements for Off-Site Improvements. If the City’s Water Resources Manager or designee determines, based upon the Wastewater Capacity Study results, that additional off-site infrastructure is required to satisfy the additional demand created by the New Development, then the applicant for the New Development shall be required to construct off-site infrastructure as necessary to accommodate the New Development. Required off-site improvements shall be confirmed at the time of Building Permit Plan Check. (e) The applicant for the New Development shall be responsible for paying all administrative fees (e.g., Sewer Study Review Fee) incurred by the City to review the Wastewater Capacity Study.
(f) The Water Resources Manager may refuse water service in areas where the New Development will cause or contribute to creation of an Adverse Impact on the City’s wastewater collection infrastructure.

8.D.c
Packet Pg. 389 Attachment: Draft Ordinance - SMMC 7.04.880 Wastewater Capacity Study (6086 : Water and Wastewater Capacity Study Ordinance (20 mins)) 5 of 6
(g) Exemptions.
i. The City’s Director of Public Works may exempt an applicant or New Development from the requirements of this Section, upon showing by the applicant that the requirements of this Section would cause undue hardship.
ii. For purposes herein, an “undue hardship” shall be found where imposition of the water capacity study and local off-site improvement requirements would deprive the applicant or New Development of all economically beneficial use of that site or otherwise be prohibited by applicable State or Federal law.
iii. An undue hardship application shall include all information necessary for the Director to make a finding of undue hardship, including, but not limited to, documentation showing the factual support for the claimed undue hardship.
iv. The Director may approve the undue hardship exemption application, in whole or in part, with or without conditions.
v. Any exemption granted by the Director is effective immediately.

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.

8.D.c
Packet Pg. 390 Attachment: Draft Ordinance - SMMC 7.04.880 Wastewater Capacity Study (6086 : Water and Wastewater Capacity Study Ordinance (20 mins)) 6 of 6
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 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

8.D.c
Packet Pg. 391 Attachment: Draft Ordinance - SMMC 7.04.880 Wastewater Capacity Study (6086 : Water and Wastewater Capacity Study Ordinance (20 mins)) Item 8.D Water and Wastewater
Capacity Study Ordinance
10/24/2023

8.D.d
Packet Pg. 392 Attachment: PowerPoint Presentation (6086 : Water and Wastewater Capacity Study Intent of Water/WW Capacity Study Ordinance
• Ensure water and wastewater infrastructure could provide reliable service and not overburdened
• Existing infrastructure is built out and may not be sufficient for high density developments
• Overtaxing existing infrastructure could lead to sanitary sewer overflows and loss of water pressure/supply
• Streamline and provide clarity for water/wastewater capacity studies • Provide up front determination if a capacity study is necessary • Provide developers with sufficient time to design local off-site improvements before Plan Check

8.D.d
Packet Pg. 393 Attachment: PowerPoint Presentation (6086 : Water and Wastewater Capacity Study Current Process for Water/WW Capacity Determination
Permitting
City Building Permit Plan Check
Entitlement
Application
submittal
Planning
City Planning, Building and Safety and
Engineering Division
Various City Departmental Reviews
Engineering Division
• Engineering & Street Services
• Administrative Fee and Services
• Water Resources – Checklist that Water/WW
Capacity Study may be necessary
• Resource Recovery and Recycling
• Landscape
Entitlement
Approval by
City
City Building
Permit
Application
and Plan
Check Review
Permit for
Construction
Engineering Division
• 100% Plans to confirm land use
• Water Neutrality
• Determination of Water and
Wastewater Capacity Study
• Confirm capacity and off-site
improvements
• Design off-site improvements
for plan check
Developer
begin design
and prepare
100% plans

8.D.d
Packet Pg. 394 Attachment: PowerPoint Presentation (6086 : Water and Wastewater Capacity Study Streamlined Process w/Proposed Ordinance
Permitting
City Building Permit Plan Check
Entitlement
Application
submittal
Planning
City Planning, Building and Safety and
Engineering Division
Various City
Departmental Reviews
Water Resources Division
• Determination of Water and
Wastewater Capacity Study
Entitlement
Approval by
City
City Building
Permit
Application
and Plan
Check Review
Permit for
Construction
Developer
begin design
and prepare
100% plans
Water Resources Division
• Conduct capacity study
• Confirm capacity and
off-site improvements
• Design off-site
improvements for plan
check
Engineering Division
• 100% Plans to confirm land use
and off-site design
• Water Neutrality
• Determination of Water and
Wastewater Capacity Study
• Confirm capacity and off-site
improvements
• Design off-site improvements
for plan check

8.D.d
Packet Pg. 395 Attachment: PowerPoint Presentation (6086 : Water and Wastewater Capacity Study Ordinance Development Timeline
June 2023 July 27,
2023
July 31,
2023
Public
Outreach
Meeting
Provide Draft
Ordinance for
Public Input
Last Day for
Public
Comment
Oct 10,
2023
First Reading of
Ordinance at City
Council Meeting
August 14,
2023
Oct 24,
2023
Second Reading of
Ordinance at City
Council Meeting

8.D.d
Packet Pg. 396 Attachment: PowerPoint Presentation (6086 : Water and Wastewater Capacity Study 6 Water
Capacity
Study
Ordinance
SMMC 7.12.180

8.D.d
Packet Pg. 397 Attachment: PowerPoint Presentation (6086 : Water and Wastewater Capacity Study Water Capacity Study Ordinance (7.12.180)
a) Applicability
b) Definitions
c) Timing for Submittal of Study.
i. Determination if a Water Capacity Study is required for planning application to be deemed complete. Not to
conduct or perform the capacity study.
ii. If a capacity study is required, it would be conducted before Building Permit Plan Check.
• Complete capacity study
• Confirm available capacity and if off-site improvements are required
• If off-site improvements are required, developer shall prepare plans for Building Permit Plan Check

8.D.d
Packet Pg. 398 Attachment: PowerPoint Presentation (6086 : Water and Wastewater Capacity Study Water Capacity Study Ordinance (7.12.180)
(d) Requirements for Off-Site Improvements.
• Additional off-site improvements are the responsibility of the developer to accommodate the increase in service for the New Development
• Required off-site improvements will be confirmed at the time of Building Permit Plan Check

8.D.d
Packet Pg. 399 Attachment: PowerPoint Presentation (6086 : Water and Wastewater Capacity Study Water Capacity Study Ordinance (7.12.180)
(e) The applicant for the New Development shall be responsible for paying all administrative fees (e.g., Water Study Review Fee) incurred by the City to review the Water Capacity Study.
(f) The Water Resources Manager may refuse water service in areas where the New Development will cause or contribute to creation of an Adverse Impact on the City’s water distribution infrastructure. (g) Exemptions.
i. Undue hardship

8.D.d
Packet Pg. 400 Attachment: PowerPoint Presentation (6086 : Water and Wastewater Capacity Study 10 Wastewater
Capacity Study
Ordinance
SMMC 7.04.880

8.D.d
Packet Pg. 401 Attachment: PowerPoint Presentation (6086 : Water and Wastewater Capacity Study Wastewater Capacity Study Ordinance (7.04.880)
• Similar language as Water Capacity Study Ordinance
• New developments, in most cases, impacts the City’s
wastewater infrastructure more than water infrastructure • Only 2-3 instances in the past five years where local offsite improvements were required for wastewater infrastructure

8.D.d
Packet Pg. 402 Attachment: PowerPoint Presentation (6086 : Water and Wastewater Capacity Study Example of Off-Site Improvements (710 Broadway)
8-inch sewer line was relocated and increased
to 12-inch sewer line by Developer based on
increase in service required

8.D.d
Packet Pg. 403 Attachment: PowerPoint Presentation (6086 : Water and Wastewater Capacity Study Recommended Action
1%
• Adopt a finding of Categorical Exemption pursuant to Section 15061 (b)(3) and Section 15308 of the California Environmental Quality Act (CEQA) Guidelines.
• Introduce first reading of the ordinance to amend SMMC 7.12.180 to require water capacity studies for new developments
• Introduce first reading of the ordinance to amend SMMC 7.04.880 to require wastewater capacity studies for new developments

8.D.d
Packet Pg. 404 Attachment: PowerPoint Presentation (6086 : Water and Wastewater Capacity Study THANK YOU…

8.D.d
Packet Pg. 405 Attachment: PowerPoint Presentation (6086 : Water and Wastewater Capacity Study Is Local Off-Site Improvements Covered by Capital
Facility Fees?
• No, local off-site improvements are not covered by the capital facility fee and is the responsibility of the developer • Capital facility fee (or capacity fees) ensures future customers, or existing customers requesting additional
service, would enter as equal participants as existing
customers
• Capital facility fee is based on existing assets and planned capital improvement projects to maintain current level of service

8.D.d
Packet Pg. 406 Attachment: PowerPoint Presentation (6086 : Water and Wastewater Capacity Study Water and WW Capacity Study Procedures

1. Developer submits project description to Water Resources • Land use in the development (e.g., number of floors, number of units for each use, building area, etc.)
• Projected water demand and projected wastewater generation

2. Water Resources review project description to determine if a capacity study is needed or not

3. If a capacity study is required, the applicant shall follow the general guidelines published by the Water Resources Division (e.g., hydrants to be flow tested or manholes to be flow monitored).

4. Upon completion of the study, Water Resources will review results and determine if off-site improvements are required.

5. Once the study or studies are complete and approved by the Water Resources Manager or designee, the completed studies will be valid for 180 days.

8.D.d
Packet Pg. 407 Attachment: PowerPoint Presentation (6086 : Water and Wastewater Capacity Study City Council
Report
City Council Meeting: October 24, 2023
Agenda Item: 8.E
1 of 1
To: Mayor and City Council
From: Denise Anderson Warren, City Clerk, Records and Election Services Department
Subject: Appointment to one unscheduled vacancy on the Disabilities Commission for a term ending on 6/30/2025 (Continued from 10/10/2023).

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

A. Applicant List

8.E
Packet Pg. 408
City of Santa Monica
Boards and Commissions Applicants
Disabilities Commission
Name Application Date
TOTAL APPLICANTS: 0

8.E.a
Packet Pg. 409 Attachment: Applicant List (6088 : Appointment: Disabilities Comm. (2 mins)) City Council
Report
City Council Meeting: October 24, 2023
Agenda Item: 8.F
1 of 1
To: Mayor and City Council
From: Denise Anderson Warren, City Clerk, Records and Election Services Department
Subject: Recommendation to accept Cinzia Paganuzzi's resignation from the Disabilities Commission and authorize the City Clerk to publish the vacancy (Continued from 10/10/2023).

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

A. Resignation Notice

8.F
Packet Pg. 410
From: Cinzia Paganuzzi <[email protected]> Sent: Monday, October 2, 2023 8:55 AM
To: Ivette Gomez <[email protected]>
Subject: Disability Concile Seat
Good Morning Ivette,
I don’t know whom to notify?
I Cinzia Paganuzzi can no longer serve as a counsel commissioner ? Due to health issues.

Please let me know whom I should notify?
Thank You,
Cinzia Paganuzzi

8.F.a
Packet Pg. 411 Attachment: Resignation Notice (6089 : Resignation: C.Paganuzzi (2 Mins.)) City Council
Report
City Council Meeting: October 24, 2023
Agenda Item: 8.G
1 of 1
To: Mayor and City Council
From: Denise Anderson Warren, City Clerk, Records and Election Services Department
Subject: Request of Mayor Davis and Councilmembers Torosis and Zwick that the City Council support the Justice for Renters Act. The California Secretary of State has verified that the Justice for Renters Act has qualified for the November 2024 state ballot. The Justice for Renters Action is an initiative which will expand local control over rent laws by replacing The Costa-Hawkins Rental Housing Act. Costa Hawkins prohibits rent control on single-family homes, condominiums and rental units that were built after 1995. The Justice for Renters Act removes this ban on rent control in California, giving local communities the right to stabilize rents and make apartments more affordable for low-income and middle-income renters. Repealing Costa Hawkins will help local government address one of the root causes of homelessness-- skyrocketing rents and unaffordable housing. Mayor Davis and Councilmembers Torosis and Zwick also request that the City Manager issue a press release indicating the City Council’s support for the proposed ballot initiative and send a letter of support from the City to the Governor, Senator Ben Allen, Assemblymember Rick Zbur, and to the proponents of the Justice For Renters Act.

Prepared By: Esterlina Lugo, Deputy City Clerk
Approved Forwarded to Council
Attachments:

A. Written Comments

8.G
Packet Pg. 412
1 Xavier Mota
From: Angela Scott <[email protected]>
Sent: Saturday, October 7, 2023 1:15 PM
To: councilmtgitems; [email protected]; [email protected]; [email protected]; [email protected]; [email protected]; [email protected]; [email protected]
Subject: Item 16C - SUPPORT

EXTERNAL
Mayor Davis, Mayor Pro Tempore Negrete, Councilmembers Brock, Parra, de la Torre, Torosis, and Zwick, I am writing to express my strong support for Item 16C, which calls for the City Council's formal endorsement of the Justice for Renters Act ballot measure for the upcoming 2024 general election. Despite the gradual recovery from the global pandemic, the aftermath lingers, particularly evident in the ongoing affordable housing crisis.

The Justice for Renters Act is a crucial ballot initiative seeking to restore local control over rent control and stabilization policies. The State's acquisition of this authority, through the 1995 Costa‐Hawkins Rental Housing Act, has limited rent control applications on single‐family homes, condominiums, and rental units constructed after 1995.

This initiative, backed by 617,000 verified voters, addresses a significant contributor to homelessness: the rapid increase in rents outpacing wage growth. Endorsing this measure would empower cities like Santa Monica to implement policies that maintain affordability in our neighborhoods for both low‐income and middle‐income renters.

I strongly encourage you to vote YES on Item 16C and formally endorse the Justice for Renters Act. Your support will contribute to addressing the pressing issue of housing affordability, making a positive impact on our community.

Thank you for your attention to this critical matter.

Angela D. Scott
ITEM 16.C.

October 10, 2023
ITEM 16.C.

October 10, 2023

8.G.a
Packet Pg. 413 Attachment: Written Comments (6103 : Support Justice for Renters Act) 1 Xavier Mota
From: Lonnie Guinn <[email protected]>
Sent: Sunday, October 8, 2023 8:38 AM
To: councilmtgitems; Gleam Davis; Lana Negrete; Phil Brock; Oscar de la Torre; Christine Parra; Caroline Torosis; Jesse Zwick
Subject: Please Support Measure 16C and 16F

EXTERNAL
Mayor Davis, Mayor Pro Tempore Negrete, Councilmembers Brock, Parra, de la Torre, Torosis, and Zwick, The 2024 general election gives the State of California another chance to repeal the legislation (Costa Hawkins) that not only gutted valuable assets of rent control jurisdictions but, in combination with the Ellis Act, allowed situations like the current one at Barrington Plaza in West LA to take place. That repeal can happen with the passage of the Justice for Renters Act ballot measure.

Using their monied supporters, opponents will try to inundate voters with disinformation so it is very important that our City Council take action on Agenda Item 16C to support the Justice for Renters Act. Santa Monica was and is a leader in rent control but that leadership is nothing without clear support from those elected to lead us. This Council can send a message that we continue to advocate for lower rents so that we allow tenants to remain in their homes for as long as they wish, move within our City when life changes make it necessary, and be able to spend time enhancing their lives without an overextended rent burden.

Of course, the proactive measure to addressing homelessness begins with making sure people remain housed. It's interesting that housing providers rail about the homeless situation making Santa Monica less appealing and, yet, they continue to support policies that push more people to homelessness.

Repeal of Costa Hawkins doesn't automatically give California rent control. It doesn't threaten single family homes. It doesn't return rent control laws to pre‐Costa Hawkins levels. Instead, it offers jurisdictions across the state an opportunity, if they desire, to implement rent stabilization rules that best suit their needs.

Please vote YES to endorse the Justice for Renters Act.

And vote YES on Item 16F to support the Barrington Plaza tenants who are in a fight not only for their homes but in a fight for all renters against what happens when Costa Hawkins is used in conjunction with the Ellis Act.

Lonnie Guinn
Commissioner
Santa Monica Rent Control Board
ITEM 16.C.

October 10, 2023
ITEM 16.C.

October 10, 2023

8.G.a
Packet Pg. 414 Attachment: Written Comments (6103 : Support Justice for Renters Act) 1 Xavier Mota
From: Santa Monicans for Renters' Rights <[email protected]> Sent: Monday, October 9, 2023 5:27 PM
To: Gleam Davis; Caroline Torosis; Jesse Zwick; Phil Brock; Oscar de la Torre; Lana Negrete; [email protected]; councilmtgitems
Subject: Item 16-C: Support the Justice for Renters Act Attachments: 231009 Item 16C Justice For Renters Act - SMRR Support.pdf

EXTERNAL
Dear Mayor and Councilmembers,
Attached please find a letter from SMRR in support of Item 16‐C on your 10‐10‐23 Agenda. Thank you.

ITEM 16.C.

October 10, 2023
ITEM 16.C.

October 10, 2023

8.G.a
Packet Pg. 415 Attachment: Written Comments (6103 : Support Justice for Renters Act) October 9, 2023
To: Mayor Gleam Davis, Members of the Santa Monica City Council Re: Item 16-C, 10/10/23, Request for City Council Endorsement of the Justice for Renters Act Dear Councilmembers,
Santa Monicans for Renters’ Rights urges the Santa Monica City Council to adopt a resolution of support for the Justice for Renters Act scheduled for the November 2024 statewide ballot as proposed to you by Mayor Davis, and Councilmembers Torosis and Zwick. We urge that you convey that support to Governor Gavin Newsom, Senator Benjamin Allen and Assemblymember Rick Zbur, as well as to the campaign that qualified and will champion the Justice for Renters Act.

The objective of the Justice for Renters’ Act is to enable cities and counties that choose to adopt rent control laws to be able to do so free of state interference so that such laws might genuinely reflect local concerns and conditions in their local rental housing market, rather than the politics of Sacramento.

The intent of the Justice for Renters Act is made clear by its brevity: “The state may not limit the right of any city, county, or city and county to maintain, enact or expand residential rent control.”
The measure, if approved, will repeal the Costa-Hawkins Act of 1995, legislation enacted by the State of California that places onerous and self-defeating constraints on local cities and counties that elect to adopt rent control laws in California. These constraints severely limit the effectiveness of local rent control laws either as a tool for protecting renters or as a tool to ensure an affordable housing supply in a community over the long term.

Costa Hawkins prohibits rent control on rented single-family homes and condominiums and permanently exempts all new apartments built after 1995 from rent control. These provisions or variations were already reflected in most locally approved rent control laws in California but enshrining them in state law creates inflexibility and prevents consideration of special local circumstances.

Moreover, these provisions of Costa Hawkins are also overreaching. By permanently exempting all newly built rental units from any local rent control law, even after they have been operating for 15 or 20 years or more and are an older part of the housing stock, Costa Hawkins goes far beyond what was needed to ensure that rent control laws do not discourage new apartment development.

However, the provision of Costa Hawkins that is most pernicious and has the gravest consequences for our communities is the provision that requires every local rent control law to allow unlimited rent increases for any unit upon vacancy, so called “vacancy decontrol.” Vacancy decontrol has dramatically reduced the effectiveness of all locally adopted rent control laws, including Santa Monica’s, and over time leads to a hemorrhage of our supply of affordable housing.

ITEM 16.C.

October 10, 2023
ITEM 16.C.

October 10, 2023

8.G.a
Packet Pg. 416 Attachment: Written Comments (6103 : Support Justice for Renters Act) A requirement for vacancy decontrol in all rent control laws in California has exacerbated our affordable housing crisis and contributed to an increase in homelessness throughout California.

Further, in times like today where market rents have soared in a short period of time to never before seen heights, whether because of a shortage of rental stock or a spike in demand fueled by other factors, a large disparity develops between rent controlled rents and uncontrolled market rents.

Under this circumstance there may be property owners, eager for the much higher potential rents, who employ pressure tactics and harassment to induce tenants to vacate their rent controlled units.

Such perverse incentives, we believe, are a contributing factor to the scale of the homeless problem in our communities.

The following chart illustrates the challenge as it has been manifested here in Santa Monica. 1 2 3
Median Maximum Allowable Rent
for 6083 Long-Term Rent Controlled
Units that have never been
vacancy decontrolled
Median Maximum Allowable Rent
for 20,519 Rent Controlled Units
that have been vacancy decontrolled
at least once since 1999
Median Initial Rent
for Rent Controlled Units
vacancy decontrolled in 2022
$1,082 $2,542 $2,777
Column 1 shows the median rents for the 6083 rent controlled units that have never been vacancy decontrolled because they are occupied by long term Santa Monica renters. This is 22% of all rent controlled units.

Column 2 shows the median rents for rent controlled units that have been vacancy decontrolled at least once since 1999, illustrating how Costa Hawkins has wiped out the affordability of most of our rental housing stock.

Column 3 shows the median initial rent for rent controlled units that have been vacancy decontrolled this year. These initial rents are nearly three times the rents paid by long term renters, most of whom are senior citizens. It demonstrates the scale of perverse incentive that vacancy decontrol creates for property owners to find a way to vacate a long term rent controlled unit.

We believe that such practices induced by the Costa-Hawkins provision for vacancy decontrol must be counted as potentially one cause of homelessness in California communities today.

We urge the Santa Monica City Council to vote to end these perverse incentives in our housing market by endorsing the Justice for Renters Act on the state ballot in California in November 2024.

Sincerely,
Denny Zane Mike Soloff
Co-Chair, Santa Monicans for Renters’ Rights Co-Chair, Santa Monicans for Renters’ Rights ITEM 16.C.

October 10, 2023
ITEM 16.C.

October 10, 2023

8.G.a
Packet Pg. 417 Attachment: Written Comments (6103 : Support Justice for Renters Act) 1 Xavier Mota
From: [email protected]
Sent: Monday, October 9, 2023 7:08 PM
To: councilmtgitems
Cc: Gleam Davis; Lana Negrete; Christine Parra; Phil Brock; Oscar de la Torre; Caroline Torosis; Jesse Zwick
Subject: CC item 16C—Support the Justice for Renters Act

EXTERNAL
Hello Mayor Davis, Mayor Pro Tem Negrete, and esteemed City Councilmembers, Please vote to support the JusƟce for Renters Act. Overturning Costa Hawkins is crucial to reinstaƟng and protecƟng meaningful rent control in Santa Monica. Rent control that only applies to a single tenancy before being reset does not preserve local affordability. Nor do arbitrary carve outs that prohibit rent control for certain kinds and ages of housing.

The JusƟce for Renters Act is overdue and necessary for the health and sustainability of Santa Monica rental housing.

Please vote to support it.

Thank you for your consideraƟon.

Best wishes,
Michelle Gray
Santa Monica resident
ITEM 16.C.

October 10, 2023
ITEM 16.C.

October 10, 2023

8.G.a
Packet Pg. 418 Attachment: Written Comments (6103 : Support Justice for Renters Act) 1 Xavier Mota
From: Dan Hall <[email protected]>
Sent: Monday, October 9, 2023 10:06 PM
To: councilmtgitems; [email protected]; [email protected]; [email protected]; [email protected]; [email protected]; [email protected]; [email protected]
Subject: Item 16C - SUPPORT

EXTERNAL
Mayor Davis, Mayor Pro Tempore Negrete, Councilmembers Brock, Parra, de la Torre, Torosis, and Zwick, I am writing in support of Item 16C, requesting the City Council formally endorse the Justice for Renters Act ballot measure for the 2024 general election.

The Justice for Renters Act is a ballot initiative which will allow Santa Monica to determine its own future for rent control for the needs of this community. This power was seized by the State through the 1995 Costa‐Hawkins Rental Housing Act, which prohibits rent control on all single‐family homes and condominiums and rental units built after 1995.

This critical initiative, supported by 617,000 verified voters, is needed to combat one of the root causes of homelessness in the state: rents rising faster than wages. This would allow cities like Santa Monica to implement locally designed policies to keep our neighborhoods more affordable for low income and middle‐income renters.

As we begin to implement our Housing Element and increase supply of housing, and as 2022's Measure GS increases our ability to subsidize affordable housing developments, we must also support stabilizing policies such as the repeal of Costa‐Hawkins to ensure our community remains diverse, families can financially plan for their future, and our seniors can age with dignity in their homes.

I urge you to vote YES on Item 16C and formally endorse the Justice for Renters Act.

Dan Hall
VP ‐ Political Action
Santa Monica Democratic Club
ITEM 16.C.

October 10, 2023
ITEM 16.C.

October 10, 2023

8.G.a
Packet Pg. 419 Attachment: Written Comments (6103 : Support Justice for Renters Act) 1 Xavier Mota
From: James Davidson <[email protected]>
Sent: Tuesday, October 10, 2023 8:54 AM
To: councilmtgitems
Subject: Support - Item 16C Justice for Renters Act

EXTERNAL
Council Comments ,
Dear Mayor Davis, Mayor Pro Tempore Negrete, and members of the Santa Monica City Council,
The homelessness and housing supply shortage crisis continues to get worse. We need strong protections for renters. Santa Monica has long been a leader rent control, and we encourage you to adopt the motion from Mayor Davis and Councilmembers Torosis and Zwick for the City to support the Justice for Renters Act.

Additionally, the more low-cost housing the city builds or permits, the greater chance you would have the future support to restrict rent-control to a reasonable degree, creating a happy balance between property owners and residents. So invest and build first.

Thank you!
James Davidson
[email protected]
943 19th Street, Apt. 3
Santa Monica, California 90403
ITEM 16.C.

October 10, 2023
ITEM 16.C.

October 10, 2023

8.G.a
Packet Pg. 420 Attachment: Written Comments (6103 : Support Justice for Renters Act) 1 Xavier Mota
From: Susan Sheu <[email protected]>
Sent: Tuesday, October 10, 2023 8:56 AM
To: councilmtgitems; Gleam Davis; Lana Negrete; Phil Brock; Oscar de la Torre; Christine Parra; Caroline Torosis; Jesse Zwick
Subject: Item 16C - SUPPORT

EXTERNAL
Dear Mayor Davis, Mayor Pro Tempore Negrete, Councilmembers Brock, Parra, de la Torre, Torosis, and Zwick:

I am wriƟng in support of Item 16C, requesƟng the City Council formally endorse the JusƟce for Renters Act ballot measure for the 2024 general elecƟon.

The JusƟce for Renters Act is a ballot iniƟaƟve which will return local control to rent control and stabilizaƟon policies.

This power was seized by the State through the 1995 Costa‐Hawkins Rental Housing Act, which prohibits rent control on all single‐family homes and condominiums and rental units built aŌer 1995.

This criƟcal iniƟaƟve, supported by 617,000 verified voters, is needed to combat one of the root causes of homelessness in the state: rents rising faster than wages. This would allow ciƟes like Santa Monica to implement policies to keep our neighborhoods more affordable for low income and middle‐income renters.

I urge you to vote YES on Item 16C and formally endorse the JusƟce for Renters Act.

Thank you.

Yours truly,
Susan Sheu
Santa Monica homeowner and public school parent California DemocraƟc Party delegate Regional Vice Chair of the Los Angeles County DemocraƟc Party
And
Brian Colker
Santa Monica homeowner and public school parent Business owner and InformaƟon Technology consultant California DemocraƟc Party delegate Founder and CFO of the Grassroots Democrats HQ ITEM 16.C.

October 10, 2023
ITEM 16.C.

October 10, 2023

8.G.a
Packet Pg. 421 Attachment: Written Comments (6103 : Support Justice for Renters Act) 1 Xavier Mota
From: Patricia Meyer <[email protected]>
Sent: Tuesday, October 10, 2023 8:58 AM
To: councilmtgitems
Subject: Support - Item 16C Justice for Renters Act

EXTERNAL
Council Comments ,
Dear Mayor Davis, Mayor Pro Tempore Negrete, and members of the Santa Monica City Council,
The homelessness and housing supply shortage crisis continues to get worse. We need strong protections for renters. Santa Monica has long been a leader rent control, and we encourage you to adopt the motion from Mayor Davis and Councilmembers Torosis and Zwick for the City to support the Justice for Renters Act.

Thank you!
Patricia K. Meyer
30 year Santa Monica resident
Patricia Meyer
[email protected]
2319 Oak Street Apt #6,
Santa Monica, California 90405
ITEM 16.C.

October 10, 2023
ITEM 16.C.

October 10, 2023

8.G.a
Packet Pg. 422 Attachment: Written Comments (6103 : Support Justice for Renters Act) 1 Xavier Mota
From: Steve Tarzynski <[email protected]>
Sent: Tuesday, October 10, 2023 9:01 AM
To: councilmtgitems
Subject: Support - Item 16C Justice for Renters Act

EXTERNAL
Council Comments ,
Dear Mayor Davis, Mayor Pro Tempore Negrete, and members of the Santa Monica City Council,
The homelessness and housing supply shortage crisis continues to get worse. We need strong protections for renters. Santa Monica has long been a leader rent control, and we encourage you to adopt the motion from Mayor Davis and Councilmembers Torosis and Zwick for the City to support the Justice for Renters Act.

Thank you!
Steve Tarzynski
[email protected]
925 14th Street, No.24
Santa Monica, California 90403
ITEM 16.C.

October 10, 2023
ITEM 16.C.

October 10, 2023

8.G.a
Packet Pg. 423 Attachment: Written Comments (6103 : Support Justice for Renters Act) 1 Xavier Mota
From: Zaira Salazer <[email protected]>
Sent: Tuesday, October 10, 2023 9:03 AM
To: councilmtgitems
Subject: Support - Item 16C Justice for Renters Act

EXTERNAL
Council Comments ,
Dear Mayor Davis, Mayor Pro Tempore Negrete, and members of the Santa Monica City Council,
The homelessness and housing supply shortage crisis continues to get worse. We need strong protections for renters. Santa Monica has long been a leader rent control, and we encourage you to adopt the motion from Mayor Davis and Councilmembers Torosis and Zwick for the City to support the Justice for Renters Act.

Thank you!
Zaira Salazer
[email protected]
2842 Exposition Blvd
Santa Monica, California 90404
ITEM 16.C.

October 10, 2023
ITEM 16.C.

October 10, 2023

8.G.a
Packet Pg. 424 Attachment: Written Comments (6103 : Support Justice for Renters Act) 1 Xavier Mota
From: Michael Etzel <[email protected]>
Sent: Tuesday, October 10, 2023 9:03 AM
To: councilmtgitems
Subject: Support - Item 16C Justice for Renters Act

EXTERNAL
Council Comments ,
Dear Mayor Davis, Mayor Pro Tempore Negrete, and members of the Santa Monica City Council,
The homelessness and housing supply shortage crisis continues to get worse. We need strong protections for renters. Santa Monica has long been a leader rent control, and we encourage you to adopt the motion from Mayor Davis and Councilmembers Torosis and Zwick for the City to support the Justice for Renters Act.

Thank you!
Michael Etzel
[email protected]
2400 Beverley Ave , Apt 15
Santa monica, California 90405
ITEM 16.C.

October 10, 2023
ITEM 16.C.

October 10, 2023

8.G.a
Packet Pg. 425 Attachment: Written Comments (6103 : Support Justice for Renters Act) 1 Xavier Mota
From: Cynthia Rose <[email protected]>
Sent: Tuesday, October 10, 2023 9:05 AM
To: councilmtgitems
Subject: Support - Item 16C Justice for Renters Act

EXTERNAL
Council Comments ,
Dear Mayor Davis, Mayor Pro Tempore Negrete, and members of the Santa Monica City Council,
The homelessness and housing supply shortage crisis continues to get worse. We need strong protections for renters. Santa Monica has long been a leader rent control, and we encourage you to adopt the motion from Mayor Davis and Councilmembers Torosis and Zwick for the City to support the Justice for Renters Act.

Thank you!
Cynthia Rose
[email protected]
1453 Stanford Street #D
Santa Monica, California 90404
ITEM 16.C.

October 10, 2023
ITEM 16.C.

October 10, 2023

8.G.a
Packet Pg. 426 Attachment: Written Comments (6103 : Support Justice for Renters Act) 1 Xavier Mota
From: Jennifer Swan <[email protected]>
Sent: Tuesday, October 10, 2023 9:39 AM
To: councilmtgitems
Subject: Support - Item 16C Justice for Renters Act

EXTERNAL
Council Comments ,
Dear Mayor Davis, Mayor Pro Tempore Negrete, and members of the Santa Monica City Council,
The homelessness and housing supply shortage crisis continues to get worse. We need strong protections for renters. Santa Monica has long been a leader rent control, and we encourage you to adopt the motion from Mayor Davis and Councilmembers Torosis and Zwick for the City to support the Justice for Renters Act.

Thank you!
Jennifer Swan
[email protected]
224 South Venice Boulevard, Unit B
Venice, California 90291
ITEM 16.C.

October 10, 2023
ITEM 16.C.

October 10, 2023

8.G.a
Packet Pg. 427 Attachment: Written Comments (6103 : Support Justice for Renters Act) 1 Xavier Mota
From: Caro Vilain <[email protected]>
Sent: Tuesday, October 10, 2023 9:41 AM
To: councilmtgitems
Subject: Support - Item 16C Justice for Renters Act

EXTERNAL
Council Comments ,
Dear Mayor Davis, Mayor Pro Tempore Negrete, and members of the Santa Monica City Council,
The homelessness and housing supply shortage crisis continues to get worse. We need strong protections for renters. Santa Monica has long been a leader rent control, and we encourage you to adopt the motion from Mayor Davis and Councilmembers Torosis and Zwick for the City to support the Justice for Renters Act.

Thank you!
Caro Vilain
[email protected]
1410 15th st, APT 25
Santa Monica, California 90404
ITEM 16.C.

October 10, 2023
ITEM 16.C.

October 10, 2023

8.G.a
Packet Pg. 428 Attachment: Written Comments (6103 : Support Justice for Renters Act) 1 Xavier Mota
From: Isabel Storey <[email protected]>
Sent: Tuesday, October 10, 2023 9:58 AM
To: councilmtgitems
Subject: Item 16C - Justice for Renters Act

EXTERNAL
Dear Mayor Davis, Mayor Pro Tempore Negrete,
Councilmembers Brock, Parra, de la Torre, Torosis, and
Zwick:

I am writing in support of Item 16C, requesting the City Council formally endorse the Justice for Renters Act ballot measure for the 2024 general election.

The Justice for Renters Act is a ballot initiative which will return local control to rent control and stabilization policies.

This power was seized by the State through the 1995 CostaHawkins Rental Housing Act, which prohibits rent control on all single-family homes and condominiums and rental units built after 1995.

This critical initiative, supported by 617,000 verified voters, is needed to combat one of the root causes of homelessness in the state: rents rising faster than wages. This would allow cities such as Santa Monica to implement policies to keep our neighborhoods more affordable for low income and middleincome renters.

I urge you to vote YES on Item 16C and formally endorse the Justice for Renters Act.

Thank you.

ITEM 16.C.

October 10, 2023
ITEM 16.C.

October 10, 2023

8.G.a
Packet Pg. 429 Attachment: Written Comments (6103 : Support Justice for Renters Act) 2 Isabel Storey
Santa Monica resident
California Democratic Party Delegate
VP, Legislation, Santa Monica Democratic Club
ITEM 16.C.

October 10, 2023
ITEM 16.C.

October 10, 2023

8.G.a
Packet Pg. 430 Attachment: Written Comments (6103 : Support Justice for Renters Act) 1 Xavier Mota
From: Ali Moghaddas <[email protected]>
Sent: Tuesday, October 10, 2023 10:14 AM
To: councilmtgitems
Subject: DO NOT SUPPORT JUSTICE FOR RENTERS ACT

EXTERNAL
Council Comments ,
Costa Hawkins Fair Housing Act was passed by California voters and should remain undisturbed. Propositions 10 and 21 were both defeated and resulted in millions of wasted dollars that could have otherwise been spent on preventing homelessness and other social issues.

This proposal will significantly hamper housing development and new construction, an already waning industry in these times of economic uncertainty. The proposal will ultimately work against preventing homelessness and affordable housing, the very issue it purports to support.

Please DO NOT support this ill-timed and short sighted proposal.

Ali Moghaddas
[email protected]
858 21st St
Santa Monica, California 90403
ITEM 16.C.

October 10, 2023
ITEM 16.C.

October 10, 2023

8.G.a
Packet Pg. 431 Attachment: Written Comments (6103 : Support Justice for Renters Act) 1 Xavier Mota
From: Zachary Coil <[email protected]>
Sent: Tuesday, October 10, 2023 10:37 AM
To: councilmtgitems
Subject: Support - Item 16C Justice for Renters Act

EXTERNAL
Council Comments ,
Dear Mayor Davis, Mayor Pro Tempore Negrete, and members of the Santa Monica City Council,
The homelessness and housing supply shortage crisis continues to get worse. We need strong protections for renters. Santa Monica has long been a leader rent control, and we encourage you to adopt the motion from Mayor Davis and Councilmembers Torosis and Zwick for the City to support the Justice for Renters Act.

Thank you!
Zachary Coil
[email protected]
1107 ocean park Blvd apt a
Santas Monica , California 90405
ITEM 16.C.

October 10, 2023
ITEM 16.C.

October 10, 2023

8.G.a
Packet Pg. 432 Attachment: Written Comments (6103 : Support Justice for Renters Act) 1 Xavier Mota
From: Joanne Leslie <[email protected]>
Sent: Tuesday, October 10, 2023 10:45 AM
To: councilmtgitems
Subject: Support - Item 16C Justice for Renters Act

EXTERNAL
Council Comments ,
Dear Mayor Davis, Mayor Pro Tempore Negrete, and members of the Santa Monica City Council,
The homelessness and housing supply shortage crisis continues to get worse. We need strong protections for renters. We also need an easier process for people to build affordable ADU's and limitations to landlords converting to condos or AirBnB usage. I am concerned that Santa Monica be a town where people of all backgrounds and sociology-economic status can live together, which means we need affordable housing. I do NOT want to live in a town that effectively becomes a protected enclave for wealthy long term residents because no one else can afford to live here. Santa Monica has long been a leader in rent control, and we encourage you to adopt the motion from Mayor Davis and Councilmembers Torosis and Zwick for the City to support the Justice for Renters Act.

Thank you!
Joanne Leslie
Joanne Leslie
[email protected]
1351 Grant St.

Santa Monica, California 90405
ITEM 16.C.

October 10, 2023
ITEM 16.C.

October 10, 2023

8.G.a
Packet Pg. 433 Attachment: Written Comments (6103 : Support Justice for Renters Act) 1 Xavier Mota
From: Laura Gillette <[email protected]>
Sent: Tuesday, October 10, 2023 11:14 AM
To: councilmtgitems
Subject: Item 16C - Support

EXTERNAL
Dear Mayor Davis, Mayor Pro Tempore Negrete, Councilmembers Brock, Parra, de la Torre, Torosis, and Zwick:

I am writing in support of Item 16C, requesting the City Council formally endorse the Justice for Renters Act ballot measure for the 2024 general election.

The Justice for Renters Act is a ballot initiative which will return local control to rent control and stabilization policies.

This power was seized by the State through the 1995 Costa‐Hawkins Rental Housing Act, which prohibits rent control on all single‐family homes and condominiums and rental units built after 1995.

This critical initiative, supported by 617,000 verified voters, is needed to combat one of the root causes of homelessness in the state: rents rising faster than wages. This would allow cities like Santa Monica to implement policies to keep our neighborhoods more affordable for low income and middle‐income renters.

I urge you to vote YES on Item 16C and formally endorse the Justice for Renters Act.

Thank you.

Yours truly,
Laura Gillette
22 year Santa Monica resident,
Climate Action Santa Monica (CASM) Advisory Boardmember ITEM 16.C.

October 10, 2023
ITEM 16.C.

October 10, 2023

8.G.a
Packet Pg. 434 Attachment: Written Comments (6103 : Support Justice for Renters Act) 1 Xavier Mota
From: Jon Katz <[email protected]>
Sent: Tuesday, October 10, 2023 11:29 AM
To: councilmtgitems
Cc: Gleam Davis; Lana Negrete; Phil Brock; Oscar de la Torre; Christine Parra; Caroline Torosis; Jesse Zwick
Subject: Item 16C - SUPPORT

EXTERNAL
Mayor Davis, Mayor Pro Tempore Negrete, and Councilmembers:

I am writing in my capacity as the President of the Santa Monica Democratic Club. Our Club has supported past ballot measures to repeal the Costa Hawkins Act and allow rent control in all jurisdictions of California. Last week, our Executive Board voted to recommend support of the Justice For Renters Act, and we expect our Membership to support the measure at next week's meeting overwhelmingly, as they did for the last two measures. As everyone on the Council is already aware, supporting and strengthening rent control is one of the crucial issues of importance to the leadership and membership of our Club because it reflects the residents of our City.

Rent control provided stability for me and my family to live in Santa Monica during good times and bad, including extended periods of unemployment, without fear of extreme raises in rent. That stability is why Santa Monica has been such a great place for renters to live and thrive over many decades regardless of the ups and downs of the economy.

In order to combat one of the root causes of homelessness, skyrocketing rents, the City of Santa Monica should support this ballot measure which would extend these opportunities to middle and low income renters both here in Santa Monica and across the state.

Thank you,
‐‐
Jon Katz | President, Santa Monica Democratic Club
[email protected]
cell: (215) 962‐4357
ITEM 16.C.

October 10, 2023
ITEM 16.C.

October 10, 2023

8.G.a
Packet Pg. 435 Attachment: Written Comments (6103 : Support Justice for Renters Act) 1 Xavier Mota
From: Anastasia Foster <[email protected]>
Sent: Tuesday, October 10, 2023 11:37 AM
To: councilmtgitems
Subject: 16 C support

EXTERNAL
As a 7‐year elected member of the Rent Control Board, I can tell you that we opined openly what we might do if Costa‐ Hawkins was repealed.  We proposed to study common sense policies to fairly and evenly deal with the rent levels of vacant units, and we would have been able to stabilize rents in buildings built through the early 2000s with the tacit blessing of the developers, themselves, in the acknowledgment that this is a common and accepted practice in cities that can control buildings newer than Santa Monica can under Costa‐Hawkins.

A vote to support the Justice for Renters Act is a clear vote of support for our Renters and the stabilization of occupancy in our rental homes in Santa Monica and up and down the State of California in cities that vote on and choose to have rent control.

Thank you
‐‐
Anastasia Foster
Chair, Santa Monica Rent Control Board
Organizer, Schiff for Senate Campaign
Board of Directors, Meals on Wheels West
CADEM Credentials Committee Co‐Chair & Delegate ‐ AD51
CEPS Steering Committee
Franklin PTA Executive Committee
Facebook
Instagram
ITEM 16.C.

October 10, 2023
ITEM 16.C.

October 10, 2023

8.G.a
Packet Pg. 436 Attachment: Written Comments (6103 : Support Justice for Renters Act) 1 Xavier Mota
From: Soloff, Michael <[email protected]>
Sent: Tuesday, October 10, 2023 11:41 AM
To: Gleam Davis; Caroline Torosis; Jesse Zwick; Phil Brock; Oscar de la Torre; Lana Negrete; [email protected]; councilmtgitems
Subject: Emailing: Mike Soloff Letter to Council on Item 16-C on City Council 10.10.23 Agenda.docx Attachments: Mike Soloff Letter to Council on Item 16-C on City Council 10.10.23 Agenda.docx

EXTERNAL
Please find aƩached my comments on item 16‐C on tonight's City Council agenda Mike Soloff
ITEM 16.C.

October 10, 2023
ITEM 16.C.

October 10, 2023

8.G.a
Packet Pg. 437 Attachment: Written Comments (6103 : Support Justice for Renters Act) October 10, 2023
To: Santa Monica City Council
Re: Item 16-C, 10/10/23, Request for City Council Endorsement of the Justice for Renters Act Dear Councilmembers:

As Mayor Davis and perhaps others of you know, on Friday September 29 I was struck by a vehicle while in the crosswalk across Ocean Avenue to Palisades Park that runs from the Northern corner of Marguerita Avenue. Phase I of my recovery and rehabilitation was at under the care of the trauma team and the orthopedic surgery unit at UCLA Ronald Reagan hospital. I am now in Phase II, inpatient intensive rehabilitation. As a result of this, I have not had a chance to focus on this item until now. However, this item is so important I wanted to share a few individual thoughts with you.

First, much of what I have to say is contained in the official SMRR letter you already have received.

Second, I want to emphasize just how pernicious the effect has been here in Santa Monica of Sacramento’s denial through Costa Hawkins of local control in setting rent control policies, and how hypocritical Sacramento has been in general with respect to its supposed commitment to supporting the maintenance and expansion of housing affordable to lower and moderate income households here in Santa Monica:

1. Here is what SMRR said about Costa Hawkins in its proposed Preface for the 2021- 2029 Housing Element, which SMRR sent to City Council on approximately 10/12/2021:

The most pernicious State policy has been the Costa Hawkins Rental Housing Act. Santa Monica had strict vacancy controls in place prior to State imposition of vacancy decontrol through Costa-Hawkins. Some 19,700 Santa Monica rent control units have turned over at least once after Costa-Hawkins went into full effect in 1999. In 1998, just prior to the implementation of Costa-Hawkins, more than 96% of those 19,700 units were affordable to lower and moderate income households (and some 84% were affordable to lower income households). But today, thanks to Costa-Hawkins’ prohibition of vacancy controls, less than 15% of those 19,700 units are still affordable to lower and moderate income households (and just 4% are still affordable to lower income households, primarily due to deed restrictions).17Therefore, while Santa Monica added approximately 1,900 deed-restricted affordable apartments during this same period through the expenditure of public resources and the City’s inclusionary zoning requirements,18 it still suffered a net loss of close to 15,000 units affordable to lower and moderate income households due to Costa-Hawkins. Replacing these close to 15,000 lost affordable rent controlled units with new deed-restricted affordable units would cost more than $10 billion.19
ITEM 16.C.

October 10, 2023
ITEM 16.C.

October 10, 2023

8.G.a
Packet Pg. 438 Attachment: Written Comments (6103 : Support Justice for Renters Act) 17 Santa Monica Rent Control Board 2019 Annual Report (2019 SMRCB Report”) at p. 19 & Fig. 21, available at
https://www.smgov.net/uploadedFiles/Departments/Rent_Control/Reports/Annual _Reports/2019
%20Annual%20Report%20FINAL.pdf.
18 See City of Santa Monica, FY 2018-2019 Summary Report of Multifamily Housing Production and Housing Trust Fund Financing at Appendix B (providing annual number of affordable housing units completed from FY 1998-1999 through FY 2018-2019), available through link at
http://santamonicacityca.iqm2.com/Citizens/Detail_LegiFile.aspx?Frame=&Meeti ngID=1226& MediaPosition=&ID=4052&CssClass=
19 This figure is derived by multiplying 15,000 units by the average projected per unit cost of three recently approved 100% affordable housing projects in Santa Monica that are being financed by a combination of loans from Santa Monica’s Housing Trust Fund and the Low Income Housing Tax Credit program administered by the State; namely, the 1413 Michigan Ave. project (5/9/19), the 1834/40/44/48 14th St. project (4/22/19), and the 1814 Pico project (2/11/19). Data regarding cost of these projects is available at https://www.santamonica.gov/housing-trust-funds.

2. While Costa Hawkins generally precludes new rent control on units built after 1995, it punishes cities that had already adopted rent control by not allowing them to impose new rent control on any units built after the date rent control was adopted in that city. Hence, Santa Monica has no ability to impose new rent control on buildings built after the adoption by the voters of the Rent Control Charter Amendment in 1979.

3. Sacramento’s hypocrisy in claiming it supports the placement of affordable housing in Santa Monica, while insisting on the maintenance of Costa Hawkins, is palpable:
a. At the same time that Sacramento has caused Santa Monica to lose a net 15,000 units affordable to lower and moderate income households through Costa-Hawkins, in 2012, Sacramento also took away—and never has done anything to replace—the primary ongoing funding source the City had used to create new deed-restricted affordable housing:
redevelopment funds (which came from providing a portion of the increased property taxes collected by the State in Santa Monica due to increasing local property values each year following the base year). While Sacramento required at least 20% of redevelopment funds go to supporting deed-restricted affordable housing, Santa Monica chose to devote close to 40% of its redevelopment funds to this purpose, which amounted to about $15 million per year when Sacramento eliminated the program in 2012. Thus Sacramento gained, and Santa Monica lost roughly $180 million in funds (actually far more as Santa Monica property values, and Sacramento’s cut of property taxes, has increased considerably since 2012) that Sacramento could have used—and Santa Monica would have use—to create housing affordable to lower and moderate income households in our City. But Sacramento has provided no meaningful alternative ongoing funding support for the creation of affordable housing in the City. Indeed, it was not until 2022 that Sacramento restored Statewide funding for affordable housing to levels in ITEM 16.C.

October 10, 2023
ITEM 16.C.

October 10, 2023

8.G.a
Packet Pg. 439 Attachment: Written Comments (6103 : Support Justice for Renters Act) inflation adjusted dollars to the obviously inadequate maximum prior funding level (which occurred in 2009)
b. Sacramento has directed through RHNA that Santa Monica create over 6,000 deed-restricted affordable housing units during the 2021-2029 housing element purpose. As usual, Sacramento provides no increased resources for the City to use. But the point here is the hypocrisy of Sacramento insisting that the City create over 6,000 new deed-restricted affordable housing while at the same time assuring through Costa Hawkins that the roughly 6,000 remaining rent controlled units that have never had the vacancy increase required by Costa Hawkins—and so remain affordable to lower and moderate income households right now—all will become unaffordable as soon as the current tenant leaves and the rent is reset to current marked rates.
b. The very weak Statewide rent control that Sacramento managed to pass after negotiating with the California Apartment Association further illustrates the hypocrisy of Sacramento’s insistent on retaining Costa Hawkins ban on Santa Monica imposing any new rent control on units built after 1979. Statewide rent control—like Santa Monica’s 1979 Rent Control Charter amendment—exempts newly created rental units from rent control. But while Costa Hawkins absolutely precludes Santa Monica from ever imposing rent control on newly constructed units, Statewide rent control subjects newly constructed units to Statewide rent control after 15 years. As a result of that hypocrisy, Santa Monica was unable to extend to City residents in rental units built between 1980 and 2007 the protections contained in overwhelmingly voter approved Measure RC—i.e., assurance that the covered households would not face more than a 3% rent increase in 2012, the year of the massive inflation spike, or in any future year. Instead, due to Costa Hawkins, those Santa Monica renters instead had only the benefit of the Statewide rent control’s cap of 10% on their rent increases.

Third, to the extent Council can consider the common good, the Justice for Renters Act help the most vulnerable of our fellow Californians throughout the State. The following chart was shown at the Central Valley launch of the Justice for Renters Act campaign, which I personally attended in Visalia in August. It identifies the percentage rent increase California by city between March 31, 2021 and June 30, 2023 (in descending order from highest to lowest):

ITEM 16.C.

October 10, 2023
ITEM 16.C.

October 10, 2023

8.G.a
Packet Pg. 440 Attachment: Written Comments (6103 : Support Justice for Renters Act) What you can see is renters in many cities without rent control have faced huge rent increases in the 3 years and three months since the start of the pandemic.. What you can also see is the lack of rent control hurts the most vulnerable Californians, For example, three of the top four cities with the highest rent inflation are located in the Central Valley—the poorest region of our State. Each of those three cities (Bakersfield, Visalia, and Fresno) have had at least 38% rent inflation from the pandemic through last June.

In short, Costa Hawkins has had a devastating impact on the ability of lower and moderate income households to live in Santa Monica and on the lives of the neediest of Californians.

Retention of Costa Hawkins usurpation of local control over rent control policy represents nothing more than Sacramento hypocrisy. Please vote to support the Justice for Renters Act.

ITEM 16.C.

October 10, 2023
ITEM 16.C.

October 10, 2023

8.G.a
Packet Pg. 441 Attachment: Written Comments (6103 : Support Justice for Renters Act) 1 Xavier Mota
From: Ellis Raskin <[email protected]>
Sent: Tuesday, October 10, 2023 11:42 AM
To: councilmtgitems; Gleam Davis; Lana Negrete; Phil Brock; Oscar de la Torre; Christine Parra; Caroline Torosis; Jesse Zwick
Cc: Clerk Mailbox; David White; Douglas Sloan; Denise Anderson-Warren Subject: Comments for Oct. 10, 2023 City Council Meeting Attachments: 2023-10-10 Ltr re Agenda Item 16-F.pdf; 2023-10-10 Ltr re Agenda Item 16-C.pdf; 2023-10-10 Ltr re Agenda Item 4-E.pdf

EXTERNAL
Dear Hon. Councilmembers:

Please find attached comment letters regarding agenda items 4‐E, 16‐C, and 16‐F.

Best,
Ellis Raskin
ITEM 16.C.

October 10, 2023
ITEM 16.C.

October 10, 2023

8.G.a
Packet Pg. 442 Attachment: Written Comments (6103 : Support Justice for Renters Act) October 10, 2023
Santa Monica City Council
c/o City Clerk
1685 Main St., Room 250
Santa Monica, CA 90401
RE: Agenda item 16-C (Justice for Renters Act)
Dear Hon. Councilmembers,
I urge you to support the Justice for Renters Act.

Rent burdens on City residents are unsustainable. For years, gentrification and displacement have pushed out countless City residents simply because they cannot afford to live in their homes. The Justice for Renters Act will help preserve our neighborhoods and ensure that future generations of City residents can afford to stay in our City. Please support this item.

Best,
Ellis Raskin
ITEM 16.C.

October 10, 2023
ITEM 16.C.

October 10, 2023

8.G.a
Packet Pg. 443 Attachment: Written Comments (6103 : Support Justice for Renters Act) 1 Xavier Mota
From: Natalya Zernitskaya <[email protected]>
Sent: Tuesday, October 10, 2023 11:48 AM
To: councilmtgitems
Cc: Gleam Davis; Lana Negrete; Christine Parra; Oscar de la Torre; Phil Brock; Caroline Torosis; David White; Jesse Zwick; [email protected]
Subject: 10/10/23 City Council Agenda Items 16C and 16F

EXTERNAL
Re: Santa Monica City Council Agenda 10/10/2023 - Items 16C & 16F Dear Mayor Davis, Mayor Pro Tem Negrete, and City Councilmembers, I urge you to please support both Item 16C (for the City to formally support the Justice for Renters Act) and 16F (to adopt a resolution in support of the tenants of Barrington Plaza as they fight mass eviction). The reason I include both items in one email is because they are both about protecting tenants.

With regards to Item 16C, the “Request of Mayor Davis and Councilmembers Torosis and Zwick that the City Council support the Justice for Renters Act. The California Secretary of State has verified that the Justice for Renters Act has qualified for the November 2024 state ballot. The Justice for Renters Action is an initiative which will expand local control over rent laws by replacing The Costa-Hawkins Rental Housing Act. Costa Hawkins prohibits rent control on single-family homes, condominiums and rental units that were built after 1995. The Justice for Renters Act removes this ban on rent control in California, giving local communities the right to stabilize rents and make apartments more affordable for low-income and middle-income renters.

Repealing Costa Hawkins will help local government address one of the root causes of homelessness-- skyrocketing rents and unaffordable housing. Mayor Davis and Councilmembers Torosis and Zwick also request that the City Manager issue a press release indicating the City Council’s support for the proposed ballot initiative and send a letter of support from the City to the Governor, Senator Ben Allen, Assemblymember Rick Zbur, and to the proponents of the Justice For Renters Act.”, support of this ballot measure should be an easy yes vote given Santa Monica’s strong support of our rent control tenant protections and our limitations in expanding rent control protections for tenants due to the Costa-Hawkins Act of 1995.

With regards to Item 16F, the “Request of Councilmember Torosis, Mayor Davis and Councilmember Zwick that the City Council adopt a resolution in support of the tenants of Barrington Plaza as they fight mass eviction, and direct staff to send copies of the adopted resolution to the Barrington Plaza tenants' association, Los Angeles Mayor Karen Bass, the Los Angeles City Councilmember that represents the tenants of Barrington Plaza, and to Douglas Emmett Inc. headquartered in Santa Monica, and other parties as deemed appropriate.” , it is important for our City to show solidarity with the tenants of Barrington Plaza and send a strong signal that we oppose these types of actions not only in our own city borders but in our larger community as well. We support the fair and equitable treatment of all renters and we should not be afraid to voice that support.

Additionally both of items are supported by our City’s legislative priorities including:
 Support legislation that amends or repeals the Costa-Hawkins Rental Housing Act.  Support legislation that increases tenant protections and eliminates the incentive for property owners to remove rent control eligible properties from the rental market through the Ellis Act or other means Please vote yes on both Item 16-C and 16F.

ITEM 16.C.

October 10, 2023
ITEM 16.C.

October 10, 2023

8.G.a
Packet Pg. 444 Attachment: Written Comments (6103 : Support Justice for Renters Act) 2 Sincerely,
Natalya Zernitskaya
Natalya Zernitskaya (she/her)
[email protected]
ITEM 16.C.

October 10, 2023
ITEM 16.C.

October 10, 2023

8.G.a
Packet Pg. 445 Attachment: Written Comments (6103 : Support Justice for Renters Act) 1 Xavier Mota
From: Ted Winterer <[email protected]>
Sent: Tuesday, October 10, 2023 12:06 PM
To: councilmtgitems
Subject: Support - Item 16C Justice for Renters Act

EXTERNAL
Council Comments ,
Dear Mayor Davis, Mayor Pro Tempore Negrete, and members of the Santa Monica City Council,
The homelessness and housing supply shortage crisis continues to get worse. We need strong protections for renters. Santa Monica has long been a leader rent control, and we encourage you to adopt the motion from Mayor Davis and Councilmembers Torosis and Zwick for the City to support the Justice for Renters Act.

Thank you!
Ted Winterer
[email protected]
639 Ozone Street
Santa Monica, California 90405
ITEM 16.C.

October 10, 2023
ITEM 16.C.

October 10, 2023

8.G.a
Packet Pg. 446 Attachment: Written Comments (6103 : Support Justice for Renters Act) 1 Xavier Mota
From: Mia Joiner <[email protected]>
Sent: Tuesday, October 10, 2023 12:29 PM
To: councilmtgitems
Subject: Support - Item 16C Justice for Renters Act

EXTERNAL
Council Comments ,
Dear Mayor Davis, Mayor Pro Tempore Negrete, and members of the Santa Monica City Council,
The homelessness and housing supply shortage crisis continues to get worse. We need strong protections for renters. Santa Monica has long been a leader rent control, and we encourage you to adopt the motion from Mayor Davis and Councilmembers Torosis and Zwick for the City to support the Justice for Renters Act.

Thank you!
Mia Joiner
[email protected]
1646 S Centinela Ave
Los Angeles, California 90025
ITEM 16.C.

October 10, 2023
ITEM 16.C.

October 10, 2023

8.G.a
Packet Pg. 447 Attachment: Written Comments (6103 : Support Justice for Renters Act) 1 Xavier Mota
From: Leah Pressman <[email protected]>
Sent: Tuesday, October 10, 2023 1:34 PM
To: councilmtgitems
Subject: Support - Item 16C Justice for Renters Act

EXTERNAL
Council Comments ,
Dear Mayor Davis, Mayor Pro Tempore Negrete, and members of the Santa Monica City Council,
The homelessness and housing supply shortage crisis continues to get worse. We need strong protections for renters. Santa Monica has long been a leader rent control, and we encourage you to adopt the motion from Mayor Davis and Councilmembers Torosis and Zwick for the City to support the Justice for Renters Act.

Thank you!
Leah Pressman
[email protected]
4262 Jasmine Avenue
Culver City, California 90232
ITEM 16.C.

October 10, 2023
ITEM 16.C.

October 10, 2023

8.G.a
Packet Pg. 448 Attachment: Written Comments (6103 : Support Justice for Renters Act) 1 Xavier Mota
From: Miriam Alpern <[email protected]>
Sent: Tuesday, October 10, 2023 1:38 PM
To: councilmtgitems
Subject: Support - Item 16C Justice for Renters Act

EXTERNAL
Council Comments ,
Dear Mayor Davis, Mayor Pro Tempore Negrete, and members of the Santa Monica City Council,
The homelessness and housing supply shortage crisis continues to get worse. We need strong protections for renters. Santa Monica has long been a leader rent control, and we encourage you to adopt the motion from Mayor Davis and Councilmembers Torosis and Zwick for the City to support the Justice for Renters Act.

Thank you!
Miriam Alpern
[email protected]
930 Euclid St., Apt. 303
Santa Monica, California
ITEM 16.C.

October 10, 2023
ITEM 16.C.

October 10, 2023

8.G.a
Packet Pg. 449 Attachment: Written Comments (6103 : Support Justice for Renters Act) 1 Xavier Mota
From: Norman Williams <[email protected]>
Sent: Tuesday, October 10, 2023 9:03 PM
To: councilmtgitems
Subject: Support - Item 16C Justice for Renters Act

EXTERNAL
Council Comments ,
Dear Mayor Davis, Mayor Pro Tempore Negrete, and members of the Santa Monica City Council,
The homelessness and housing supply shortage crisis continues to get worse. We need strong protections for renters. Santa Monica has long been a leader rent control, and we encourage you to adopt the motion from Mayor Davis and Councilmembers Torosis and Zwick for the City to support the Justice for Renters Act.

Thank you!
Norman Williams
[email protected]
1237 Berkeley Street
Santa Monica, California 90404
ITEM 16.C.

October 10, 2023
ITEM 16.C.

October 10, 2023

8.G.a
Packet Pg. 450 Attachment: Written Comments (6103 : Support Justice for Renters Act) 1 Xavier Mota
From: Catherine Gentile <[email protected]>
Sent: Tuesday, October 10, 2023 10:30 PM
To: councilmtgitems
Subject: Support - Item 16C Justice for Renters Act

EXTERNAL
Council Comments ,
Dear Mayor Davis, Mayor Pro Tempore Negrete, and members of the Santa Monica City Council,
The homelessness and housing supply shortage crisis continues to get worse. We need strong protections for renters. Santa Monica has long been a leader rent control, and we encourage you to adopt the motion from Mayor Davis and Councilmembers Torosis and Zwick for the City to support the Justice for Renters Act.

Thank you!
Catherine Gentile
[email protected]
1128 Ocean Park Blvd., #312
Santa Monica, California 90405
ITEM 16.C.

October 10, 2023
ITEM 16.C.

October 10, 2023

8.G.a
Packet Pg. 451 Attachment: Written Comments (6103 : Support Justice for Renters Act) City Council
Report
City Council Meeting: October 24, 2023
Agenda Item: 8.H
1 of 1
To: Mayor and City Council
From: Denise Anderson Warren, City Clerk, Records and Election Services Department
Subject: Request of Councilmember Torosis, Mayor Davis and Councilmember Zwick that the City Council adopt a resolution in support of the tenants of Barrington Plaza as they fight mass eviction, and direct staff to send copies of the adopted resolution to the Barrington Plaza tenants' association, Los Angeles Mayor Karen Bass, the Los Angeles City Councilmember that represents the tenants of Barrington Plaza, and to Douglas Emmett Inc. headquartered in Santa Monica, and other parties as deemed appropriate.

Prepared By: Esterlina Lugo, Deputy City Clerk
Approved Forwarded to Council
Attachments:

A. Resolution protecting Barrington Plaza tenants (02)
B. Written Comments

8.H
Packet Pg. 452
City Council Meeting: October 10, 2023 Santa Monica, California RESOLUTION NUMBER _____ (CCS)
(City Council Series)

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

SUPPORT FOR THE BARRINGTON PLAZA TENANTS ASSOCIATION FACING MASS

EVICTION
WHEREAS, tenants of the 712-unit Barrington Plaza in West Los Angeles, the third largest complex of rental apartments subject to the City of Los Angeles’ Rent Stabilization Ordinance, are at risk of a mass eviction; and
WHEREAS, to prevent these evictions, the Barrington Plaza Tenants Association filed a lawsuit against the building’s owner, Douglas Emmett, Inc., headquartered in Santa Monica, California, on June 12, 2023; and
WHEREAS, if Douglas Emmett, Inc. the owner of Barrington Plaza, is to succeed in efforts to remove all tenants from the high-rise building, this would be the largest mass eviction in the City of Los Angeles since the Chavez Ravine evictions in the 1950s; and WHEREAS, this mass eviction of over 522 occupied units, and the subsequent removal of these units from the rental market will exacerbate market pressures for new rental units, inevitably placing upward pressure on rent prices in Santa Monica; and WHEREAS, Douglas Emmett, Inc. is invoking California’s Ellis Act – a 1985 law allowing landlords to remove rental units from the market to leave the rental business – to evict hundreds of families; and
WHEREAS, the owners of Barrington Plaza argue that the evictions are necessary to perform building upgrades, including the installation of fire sprinklers; and WHEREAS, the State of California and Los Angeles County in particular are already experiencing a severe housing crisis as the cost of living far outpaces wages and inflation; and WHEREAS, according to the California Housing Partnership, 521,596 low-income renter households in Los Angeles County do not have access to an affordable home; and WHEREAS, the purpose of the Ellis Act is to permit landlords to go out of the rental business, but the state does not require the owner to state their intended use of the property, and jurisdictions have limited tools for preventing the fraudulent use of Ellis and sham evictions; and
WHEREAS, according to the Coalition for Economic Survival (CES), since 2001, the Ellis Act has been invoked to evict 29,467 units in Los Angeles; and WHEREAS, the City of Santa Monica supports its residents, of which approximately 70% are renters, through the protection of rent stabilization and bolstering tenant rights in the city; and

8.H.a
Packet Pg. 453 Attachment: Resolution protecting Barrington Plaza tenants (02) (6104 : Support tenants of Barrington Plaza) WHEREAS, this looming eviction is especially concerning for renters in Santa Monica, where Douglas Emmett, Inc. owns several large residential properties.

NOW, THEREFORE, BE IT RESOLVED THAT:

SECTION I. The City Council of the City of Santa Monica supports the tenants of Barrington Plaza as they fight eviction and attempt to save their homes.

SECTION II. The City Council of Santa Monica implores Barrington Plaza owner Douglas Emmett, Inc., a company headquartered in Santa Monica, to honor the City’s commitment to protecting renters’ rights by not evicting the tenants of Barrington Plaza and to use Los Angeles’ tenant habitability program for any needed repairs to temporarily relocate the tenants.

SECTION III. The City Council hereby directs the City Manager to transmit this resolution to the Barrington Plaza tenants' association, the Los Angeles City Councilmember that represents the tenants of Barrington Plaza, Los Angeles Mayor Karen Bass, and to Douglas Emmett, Inc. headquartered in Santa Monica, and other parties as deemed appropriate.

APPROVED AS TO FORM:

DOUGLAS SLOAN
City Attorney

8.H.a
Packet Pg. 454 Attachment: Resolution protecting Barrington Plaza tenants (02) (6104 : Support tenants of Barrington Plaza) 1 Xavier Mota
From: Lonnie Guinn <[email protected]>
Sent: Sunday, October 8, 2023 8:38 AM
To: councilmtgitems; Gleam Davis; Lana Negrete; Phil Brock; Oscar de la Torre; Christine Parra; Caroline Torosis; Jesse Zwick
Subject: Please Support Measure 16C and 16F

EXTERNAL
Mayor Davis, Mayor Pro Tempore Negrete, Councilmembers Brock, Parra, de la Torre, Torosis, and Zwick, The 2024 general election gives the State of California another chance to repeal the legislation (Costa Hawkins) that not only gutted valuable assets of rent control jurisdictions but, in combination with the Ellis Act, allowed situations like the current one at Barrington Plaza in West LA to take place. That repeal can happen with the passage of the Justice for Renters Act ballot measure.

Using their monied supporters, opponents will try to inundate voters with disinformation so it is very important that our City Council take action on Agenda Item 16C to support the Justice for Renters Act. Santa Monica was and is a leader in rent control but that leadership is nothing without clear support from those elected to lead us. This Council can send a message that we continue to advocate for lower rents so that we allow tenants to remain in their homes for as long as they wish, move within our City when life changes make it necessary, and be able to spend time enhancing their lives without an overextended rent burden.

Of course, the proactive measure to addressing homelessness begins with making sure people remain housed. It's interesting that housing providers rail about the homeless situation making Santa Monica less appealing and, yet, they continue to support policies that push more people to homelessness.

Repeal of Costa Hawkins doesn't automatically give California rent control. It doesn't threaten single family homes. It doesn't return rent control laws to pre‐Costa Hawkins levels. Instead, it offers jurisdictions across the state an opportunity, if they desire, to implement rent stabilization rules that best suit their needs.

Please vote YES to endorse the Justice for Renters Act.

And vote YES on Item 16F to support the Barrington Plaza tenants who are in a fight not only for their homes but in a fight for all renters against what happens when Costa Hawkins is used in conjunction with the Ellis Act.

Lonnie Guinn
Commissioner
Santa Monica Rent Control Board
ITEM 16.F.

October 10, 2023
ITEM 16.F.

October 10, 2023

8.H.b
Packet Pg. 455 Attachment: Written Comments (6104 : Support tenants of Barrington Plaza) 1 Xavier Mota
From: Santa Monicans for Renters' Rights <[email protected]> Sent: Monday, October 9, 2023 5:35 PM
To: Gleam Davis; Caroline Torosis; Jesse Zwick; Phil Brock; Lana Negrete; Oscar de la Torre; [email protected]; councilmtgitems
Subject: Item 16F, Agenda 10-10-23; Barrington Plaza Resolution

EXTERNAL
Dear Mayor and Councilmembers:

Santa Monicans for Renters' Rights (SMRR) urges you to adopt a resolution in support of the tenants of Barrington Plaza, as they fight mass eviction by the building's owner, Douglas Emmett Inc.

Corporate landlord Douglas Emmett Inc. is attempting to evict more than 500 rent-controlled tenants from the Barrington Plaza Apartments in West Los Angeles. Douglas Emmett Inc. also owns large rent-controlled apartment complexes in Santa Monica totalling 940 units, and has a corporate headquarters in our City.

Douglas Emmett Inc is using the Ellis Act (which allows owners to "go out of the rental housing business") to evict everyone, however they do not appear to be going out of the rental housing business at all -- just emptying the buildings to remodel them to add sprinkler systems, and, ultimately, higher income renters.

While the Barrington Plaza tenants have filed a lawsuit seeking to stop the evictions, we urge Councilmembers to act today in support of the tenants and against these threatened evictions, and issue a resolution. Once adopted, please direct staff to send copies of the resolution to the Barrington Plaza Tenants Association, LA Mayor Karen Bass, the LA Councilmember that represents the tenants of Barrington Plaza, and to Douglas Emmett Inc., headquartered in Santa Monica as well as any other parties deemed appropriate.

Thank you.

ITEM 16.F.

October 10, 2023
ITEM 16.F.

October 10, 2023

8.H.b
Packet Pg. 456 Attachment: Written Comments (6104 : Support tenants of Barrington Plaza) 1 Xavier Mota
From: Jon Katz <[email protected]>
Sent: Tuesday, October 10, 2023 11:39 AM
To: councilmtgitems
Cc: Gleam Davis; Lana Negrete; Phil Brock; Oscar de la Torre; Christine Parra; Caroline Torosis; Jesse Zwick
Subject: Item 16F - SUPPORT

EXTERNAL
Mayor Davis, Mayor Pro Tempore Negrete, and Councilmembers:

Please support the resolution supporting tenants of Barrington Plaza who are facing the threat of mass eviction from their homes. This building sits just on the other side of our city line, meaning that the potential mass displacement could have a major effect on our City, including a likely increase to our unhoused population.

I joined a protest of this eviction on Ocean Avenue in front of the headquarters of Douglas Emmett, Inc. which owns this property. During the protest, I witnessed about a dozen individuals from the company management come out to the street level to mock the protesters, including making lewd hand gestures, eye rolls, and over the top cynical laughter.

Their callous indifference to the fate of their own tenants redoubled my own commitment to making sure this eviction does not take place.

There is no real reason to evict all of these tenants for the reasons stated. The needed repairs can happen while the tenants remain in their units. The true reason for this eviction is so that Douglas Emmett Inc can bring in new tenants at higher rates of rent. These potential increased profits should not dictate the fates of hundreds of tenants whose housing security is on the line.

Thank you for your consideration. Please do the right thing by supporting our neighbors. ‐‐
Jon Katz
[email protected]
cell: (215) 962‐4357
ITEM 16.F.

October 10, 2023
ITEM 16.F.

October 10, 2023

8.H.b
Packet Pg. 457 Attachment: Written Comments (6104 : Support tenants of Barrington Plaza) 1 Xavier Mota
From: Anastasia Foster <[email protected]>
Sent: Tuesday, October 10, 2023 11:40 AM
To: councilmtgitems
Subject: 16 f Support

EXTERNAL
Please support the tenants of Barrington Plaza with this Resolution.  This move to empty the building just to renovate it is a clear threat to the stability of our own housing stock in Santa Monica and throughout California.

Thank you
‐‐
Anastasia Foster
Chair, Santa Monica Rent Control Board
Organizer, Schiff for Senate Campaign
Board of Directors, Meals on Wheels West
CADEM Credentials Committee Co‐Chair & Delegate ‐ AD51
CEPS Steering Committee
Franklin PTA Executive Committee
Facebook
Instagram
ITEM 16.F.

October 10, 2023
ITEM 16.F.

October 10, 2023

8.H.b
Packet Pg. 458 Attachment: Written Comments (6104 : Support tenants of Barrington Plaza) 1 Xavier Mota
From: Ellis Raskin <[email protected]>
Sent: Tuesday, October 10, 2023 11:42 AM
To: councilmtgitems; Gleam Davis; Lana Negrete; Phil Brock; Oscar de la Torre; Christine Parra; Caroline Torosis; Jesse Zwick
Cc: Clerk Mailbox; David White; Douglas Sloan; Denise Anderson-Warren Subject: Comments for Oct. 10, 2023 City Council Meeting Attachments: 2023-10-10 Ltr re Agenda Item 16-F.pdf; 2023-10-10 Ltr re Agenda Item 16-C.pdf; 2023-10-10 Ltr re Agenda Item 4-E.pdf

EXTERNAL
Dear Hon. Councilmembers:

Please find attached comment letters regarding agenda items 4‐E, 16‐C, and 16‐F.

Best,
Ellis Raskin
ITEM 16.F.

October 10, 2023
ITEM 16.F.

October 10, 2023

8.H.b
Packet Pg. 459 Attachment: Written Comments (6104 : Support tenants of Barrington Plaza) October 10, 2023
Santa Monica City Council
c/o City Clerk
1685 Main St., Room 250
Santa Monica, CA 90401
RE: Agenda item 16-F (Support for Barrington Plaza Residents) Dear Hon. Councilmembers,
I urge you to vote in favor of the proposed resolution in support of the residents of Barrington Plaza. As you know, this would be the largest mass eviction in the City of Los Angeles since the Chavez Ravine evictions in the 1950s.

Evicting the residents of Barrington Plaza would be a catastrophe. It is important to remember that these evictions will not only have impacts on the housing market – there will be human health impacts. Public health experts, sociological experts, and other public policy experts have published numerous articles, studies, and reports documenting the adverse environmental and human health effects caused by (and associated with) housing displacement.1 Please support this item.

Best,
Ellis Raskin
1 See, e.g.:
• Community-level Effects of Displacement:
http://www.urban.org/sites/default/files/publication/52311/900936-Community-level-Effects-ofDisplacement.pdf • Bay Area Regional Health Inequities Initiative Analysis of Displacement Impacts: http://barhii.org/wpcontent/uploads/2016/02/BARHII-displacement-brief.pdf • Homelessness and its Effects on Children: http://www.fhfund.org/wpcontent/uploads/2014/10/Homlessness_Effects_Children.pdf • Housing Displacement and Health: http://www.rph.org.nz/content/72b908b8-f8d7-4a17-ad8a6e25a97f4876.cmr • Can Curbing Gentrification Help Stop Climate Change?: http://theweek.com/articles/680154/curbinggentrification-help-stop-climate-change • Homelessness and Housing Instability: The Impact on Education Outcomes:
https://www.tacomahousing.net/sites/default/files/print_pdf/Education/Urban%20Institute%20THA%20Ho melessness%20and%20Education%202014-12-22.pdf
• Serial Forced Displacement in American Cities:
https://www.researchgate.net/publication/51161188_Serial_Forced_Displacement_in_American_Cities_19 16-2010
ITEM 16.F.

October 10, 2023
ITEM 16.F.

October 10, 2023

8.H.b
Packet Pg. 460 Attachment: Written Comments (6104 : Support tenants of Barrington Plaza) 1 Xavier Mota
From: Natalya Zernitskaya <[email protected]>
Sent: Tuesday, October 10, 2023 11:48 AM
To: councilmtgitems
Cc: Gleam Davis; Lana Negrete; Christine Parra; Oscar de la Torre; Phil Brock; Caroline Torosis; David White; Jesse Zwick; [email protected]
Subject: 10/10/23 City Council Agenda Items 16C and 16F

EXTERNAL
Re: Santa Monica City Council Agenda 10/10/2023 - Items 16C & 16F Dear Mayor Davis, Mayor Pro Tem Negrete, and City Councilmembers, I urge you to please support both Item 16C (for the City to formally support the Justice for Renters Act) and 16F (to adopt a resolution in support of the tenants of Barrington Plaza as they fight mass eviction). The reason I include both items in one email is because they are both about protecting tenants.

With regards to Item 16C, the “Request of Mayor Davis and Councilmembers Torosis and Zwick that the City Council support the Justice for Renters Act. The California Secretary of State has verified that the Justice for Renters Act has qualified for the November 2024 state ballot. The Justice for Renters Action is an initiative which will expand local control over rent laws by replacing The Costa-Hawkins Rental Housing Act. Costa Hawkins prohibits rent control on single-family homes, condominiums and rental units that were built after 1995. The Justice for Renters Act removes this ban on rent control in California, giving local communities the right to stabilize rents and make apartments more affordable for low-income and middle-income renters.

Repealing Costa Hawkins will help local government address one of the root causes of homelessness-- skyrocketing rents and unaffordable housing. Mayor Davis and Councilmembers Torosis and Zwick also request that the City Manager issue a press release indicating the City Council’s support for the proposed ballot initiative and send a letter of support from the City to the Governor, Senator Ben Allen, Assemblymember Rick Zbur, and to the proponents of the Justice For Renters Act.”, support of this ballot measure should be an easy yes vote given Santa Monica’s strong support of our rent control tenant protections and our limitations in expanding rent control protections for tenants due to the Costa-Hawkins Act of 1995.

With regards to Item 16F, the “Request of Councilmember Torosis, Mayor Davis and Councilmember Zwick that the City Council adopt a resolution in support of the tenants of Barrington Plaza as they fight mass eviction, and direct staff to send copies of the adopted resolution to the Barrington Plaza tenants' association, Los Angeles Mayor Karen Bass, the Los Angeles City Councilmember that represents the tenants of Barrington Plaza, and to Douglas Emmett Inc. headquartered in Santa Monica, and other parties as deemed appropriate.” , it is important for our City to show solidarity with the tenants of Barrington Plaza and send a strong signal that we oppose these types of actions not only in our own city borders but in our larger community as well. We support the fair and equitable treatment of all renters and we should not be afraid to voice that support.

Additionally both of items are supported by our City’s legislative priorities including:
 Support legislation that amends or repeals the Costa-Hawkins Rental Housing Act.  Support legislation that increases tenant protections and eliminates the incentive for property owners to remove rent control eligible properties from the rental market through the Ellis Act or other means Please vote yes on both Item 16-C and 16F.

ITEM 16.F.

October 10, 2023
ITEM 16.F.

October 10, 2023

8.H.b
Packet Pg. 461 Attachment: Written Comments (6104 : Support tenants of Barrington Plaza) 2 Sincerely,
Natalya Zernitskaya
Natalya Zernitskaya (she/her)
[email protected]
ITEM 16.F.

October 10, 2023
ITEM 16.F.

October 10, 2023

8.H.b
Packet Pg. 462 Attachment: Written Comments (6104 : Support tenants of Barrington Plaza) 1 Xavier Mota
From: Dan Hall <[email protected]>
Sent: Tuesday, October 10, 2023 11:57 AM
To: councilmtgitems
Cc: Caroline Torosis; Christine Parra; Gleam Davis; Lana Negrete; Oscar de la Torre; Phil Brock; Jesse Zwick
Subject: Item 16F - SUPPORT

EXTERNAL
Mayor Davis, Mayor Pro Tempore Negrete, and Council:

Please support Item 16F to add our community’s collective voice in support of the tenants at Barrington Plaza who are being wrongfully evicted.

This is in line with your stated legislative priorities, specifically supporting legislation that eliminates the incentive for property owners to remove rent control properties through the Ellis Act.

Thank you,
Dan Hall
ITEM 16.F.

October 10, 2023
ITEM 16.F.

October 10, 2023

8.H.b
Packet Pg. 463 Attachment: Written Comments (6104 : Support tenants of Barrington Plaza) City Council
Report
City Council Meeting: October 24, 2023
Agenda Item: 8.I
1 of 1
To: Mayor and City Council
From: Denise Anderson Warren, City Clerk, Records and Election Services Department
Subject: Request of Councilmember Zwick, Councilmember Torosis and Mayor Davis that the City of Santa Monica support AB 1033 (Ting) and, upon the governor’s signature, draft a local ordinance to allow the separate conveyance of the primary dwelling unit and ADU or ADUs as condominiums.

Prepared By: Esterlina Lugo, Deputy City Clerk
Approved Forwarded to Council

8.I
Packet Pg. 464
City Council
Report
City Council Meeting: October 24, 2023
Agenda Item: 8.J
1 of 1
To: Mayor and City Council
From: Denise Anderson Warren, City Clerk, Records and Election Services Department
Subject: Request of Councilmember Brock that the City Attorney and City Manager consider developing and evaluate the impacts of an ordinance prohibiting the manufacture, sale, and/or installation of engineered countertops in Santa Monica. The fabrication of engineered countertops releases silica dust, and inhalation of silica dust can cause silicosis, a serious and deadly disease. On June 6, 2023, the Los Angeles County Board of Supervisors adopted a motion instructing the Director of Public Health to report on options to ban the sale, fabrication, and installation of silica fabricated stone in Los Angeles County. In addition, the California Division of Occupational Safety and Health has indicated that they will develop workplace standards for workers who handle engineered stone. Prior to developing a local ordinance, the City Attorney and City Manager are being asked to consider the findings of the Los Angeles County Director of Public health and standards developed by Cal/OSHA to determine its feasibility.

Prepared By: Esterlina Lugo, Deputy City Clerk
Approved Forwarded to Council
Attachments:

A. Written Comments
B. Attachment

8.J
Packet Pg. 465
1 Xavier Mota
From: Gina Gribow <[email protected]>
Sent: Tuesday, October 10, 2023 4:17 PM
To: Denise Anderson-Warren
Cc: councilmtgitems
Subject: Item 16H - Delay Discussion Until County Report Back Attachments: Stone Coalition Letter re Item 16H 10.10.pdf

EXTERNAL
Denise,
AƩached please find a leƩer from the Stone CoaliƟon in relaƟon to Item 16H on tonight’s agenda. This has been circulated to the City Councilmembers.

All the best,
Gina Gribow
Gina Gribow
Senior Vice President
[email protected]
Office: 213.741.1500 x547
Cell: 925.999.5896
2335 E. Colorado Blvd., Suite 115
Pasadena, CA 91107
www.ekapr.com
ITEM 16.H.

October 10, 2023
ITEM 16.H.

October 10, 2023

8.J.a
Packet Pg. 466 Attachment: Written Comments (6106 : Engineered countertop impact ordinance) October 10, 2023
Subject: Item 16H – Delay Discussion Until County Report Back Dear Santa Monica City Councilmembers,
On behalf of the Stone Coalition, a group of stone fabricators, manufacturers, and other members of the stone industry, we write to express our shared support for workplace safety practices in the stone cutting and fabrication industry in Los Angeles County. Before taking any action on this important issue, we urge you to wait for the County’s Department of Public Health to finalize its report and recommendations.

To provide you with some context on the stone industry, it is not unlike the building industry in general—worker safety and health is of critical importance to the stone industry. The issue at hand is not a product issue, but rather a fabrication process issue that applies to all silica-containing products, including all stone products. Because of this, we must address the root cause of the fabrication process issue: employers must ensure all necessary safety rules are followed to protect their workers’ health and safety. As recently explained by Cal/OSHA, “Silicosis in the Stone Fabrication Industry is Preventable. Exposures to RCS [respirable crystalline silica] and resulting disease and deaths are completely preventable through the use of well-established industrial hygiene controls.” Compliance with these well-established industrial hygiene requirements is essential, and, in particular, we strongly support all efforts to completely eliminate any practice of dry-cutting, dry-grinding, and dry-sanding of any stone product.

Stone products are safely handled and worked on every day, including in Los Angeles County, and silica is present in a wide range of other building products. Although many fabrication companies throughout the United States provide safe working conditions and insist on adherence to safety rules and regulations, our group continues to support efforts to ensure that all fabricators consistently adhere to the rules and regulations to protect all stone workers. Specifically, fabrication employers must provide effective wet cutting methods, training, air monitoring and adherence to air quality requirements, engineering air handling controls, personal protective equipment (PPE), and medical surveillance in compliance with OSHA regulations.

The Stone Coalition is committed to supporting safe workplace practices for processing stone and providing access to resources and education about required work practices to safely cut, fabricate and polish all types of stone. We are also available to support the development and distribution of targeted multilingual outreach and education materials and messaging. At the stone industry’s institute, the Natural Stone Institute, we have many education, training and certification opportunities available to all stone industry fabricators.

Stone products, including engineered stone, have been manufactured and fabricated safely for decades—a potential ban focusing on the products does not address the primary issue of worker safety, which relates to the fabrication of all stone products. The Los Angeles County Department of Public Works’ report dated July 25, 2023 likewise focuses on ensuring workplace safety through the enforcement of rules and regulations, as opposed to focusing on specific products. Moreover, it is ITEM 16.H.

October 10, 2023
ITEM 16.H.

October 10, 2023

8.J.a
Packet Pg. 467 Attachment: Written Comments (6106 : Engineered countertop impact ordinance) worth noting that silica containing stone is a versatile material widely used in various construction and design projects. Its durability, aesthetics, and cost-effectiveness make it a preferred choice for many homeowners, builders, and architects.

The Stone Coalition has been working hand in hand with both the County and the State to serve as a resource for stone fabrication discussions. As we have shared with both the County and the State, we recommend an approach that prioritizes adherence to OSHA requirements and regulations, all safety protocols and rules, necessary air testing and air quality compliance, the mandatory use of appropriate PPE when required, and the elimination of the process of dry-cutting for all stone products. Further, we recommend pragmatic solutions that prioritize worker safety and safeguard the livelihoods of members of the stone industry. Effective solutions may include: increased promotion and education, formal certification programs, and stricter oversight and enforcement of existing safety standards including the elimination of all dry-cutting of stone products.

In addition to the County and the State focusing efforts on workplace safety, the Occupational Safety and Health Administration (OSHA) at the federal level is also doubling down on its efforts. Specifically, OSHA has recently introduced “a new inspection initiative that will focus on conducting enhanced enforcement and compliance assistance efforts in the engineered stone fabrication and installation industries. A primary goal of this initiative will be to prioritize OSHA inspection activities in workplaces where workers are typically exposed to high levels of silica, and to identify hazards and ensure prompt abatement.” The Stone Coalition applauds and fully supports OSHA’s new inspection initiative.

As the County’s Department of Public Health is slated to publish its report in a few short weeks, we would appreciate the City of Santa Monica waiting to take any action until then. By fostering a culture of safety and employer responsibility, we know we can protect workers while preserving workers in Los Angeles County’s ability to continue to participate in the stone industry.

Sincerely,
James A. (Jim) Hieb, CAE
Chief Executive Officer
Natural Stone Institute
Marty Davis
CEO, Cambria
Nate Kolenski
President
Block Tops, Inc
Matthew Kahny
President, Dal-Tile
ITEM 16.H.

October 10, 2023
ITEM 16.H.

October 10, 2023

8.J.a
Packet Pg. 468 Attachment: Written Comments (6106 : Engineered countertop impact ordinance) Item 8.J
Beautiful Quartz Countertops Are Hurting Workers and Should Be Banned Quartz countertops are super popular because they're tough and can handle stains, scratches, and heat. But there's a big problem: the people who make these countertops are getting sick and even dying from lung diseases when they're still young.

Engineered quartz countertops are created by mixing crushed quartz stone with resin and dyes, giving them a stunning appearance that many people love. However, it's crucial to know that these countertops have a lot more silica than countertops made from natural materials like granite or marble, or even synthetic materials like plastic laminate or solid surfacing (made from minerals like marble mixed with acrylic, resins, and pigments).

The high silica content in quartz countertops can be extremely harmful to the health of those who work with them. Many of these workers are low-income immigrants who often don't have health insurance. They are typically employed in small workshops in the Los Angeles area that may have poor working conditions and lack safety certifications. These slabs are in extremely widespread use, and it is time for Santa Monica to consider banning this product.

In the past decade, doctors discovered that workers cutting and fabricating countertops from these materials often develop a serious lung disease called silicosis, sometimes referred to as "black lung" in the context of coal mining—an illness caused by breathing in tiny pieces of silica. Silicosis makes you cough a lot, get out of breath, feel tired, lose weight, and it scars your lungs. It may increase your risk of developing serious conditions such as lung cancer, chronic obstructive pulmonary disease (COPD), and kidney disease. A large percentage of victims die from the illness.

California—and Los Angeles County in particular—is the epicenter of this problem in the U.S. A recent study, conducted by researchers from the University of California, San Francisco, UCLA, and the California Department of Public Health, revealed that between 2019 and 2022, 52 engineered stone workers in California were diagnosed with silicosis; 51 of them were Latino immigrants. Among these patients, 20 had advanced-stage silicosis, and tragically, 10 of them have passed away. The average age of these patients was 45, and they had worked in the stone industry for about 15 years. Most of these cases are concentrated in the Los Angeles area. But the problem is not confined to these individuals.

A co-author of the study warned that without intervention, we may witness hundreds, if not thousands, more cases over the next decade because silicosis takes years to develop. Other experts are also sounding the alarm, saying that if we don't act fast, we could see many more cases of silicosis in the coming years. They want better protection for workers, quicker diagnosis of the disease, strong safety measures in shops where countertop fabricators work, and maybe even an outright ban on quartz countertops.

The issue has been getting attention in the press, most recently last week in the Los Angeles Times, as well as LAist, Fast Company, and other publications. Cal/OSHA has taken notice. It recently began working on an emergency silica rule and launched a special enforcement program to address this problem. And the Los Angeles County Board of

8.J.b
Packet Pg. 469 Attachment: Attachment (6106 : Engineered countertop impact ordinance) Item 8.J
Supervisors has instructed the director of Public Health to prepare a report outlining options for banning the sale, fabrication, and installation of silica-based stone countertops in the county.

All of these measures, while noteworthy, will take a long time to produce real, effective, life-saving action. Reports, studies, and committees will do their thing, but in the meantime, demand for these countertops continues to grow, including in many new projects under construction in Santa Monica, and workers with few protections continue to get sick. An example of such a worker is the case described in the recent study published in JAMA Internal Medicine of Leobardo Segura-Meza, a Mexican immigrant who arrived in the U.S. in 2012 and found work as a stone worker in Los Angeles. Despite taking precautions like wearing a mask and using tools to reduce dust exposure, he was diagnosed with silicosis at the age of 27 in February 2022. Since then, he has relied on an oxygen tank, can no longer provide for his wife and three children, and is on a waiting list for a lung transplant. He recently told the California OSH Safety Board that two of his former co-workers had died waiting for transplants and that he’s worried about running out of time before a lung transplant becomes available for him.

Santa Monica can do its part to help save the health and lives of these stone workers. Our city can take concrete steps to make sure these workers stay safe, and one key option is to ban high-silica materials in projects built within city limits. This would significantly reduce the health risks these workers face. The city can enact an emergency ordinance requiring planning officials to prohibit these materials when they approve building permits, force builders to certify that these materials are not being used, and require code-enforcement officials to visit construction sites to make sure the ban is carried out.

The city will encounter stiff opposition from industry supporters who fear job losses and economic problems if high-silica materials, such as quartz countertops, are banned. They have already argued that better safety measures and equipment can protect workers without the need for a ban. However, as Cal/OSHA has noted, most employers in this industry, and particularly small businesses, are unable or unwilling to use well-recognized engineering and work practices that could help reduce illness due to silicosis, a fact that was evident during a special program to help reduce this problem in 2019 and 2020, during which the agency observed widespread noncompliance with the rules.

New rules are coming, both in L.A. County and the State of California. The process of passing those rules will take considerable time. But in the meantime, countertop workers with few resources and little health insurance continue to get sick, and even die, from the cutting, sawing, and sanding of these materials. Other, far less damaging countertop materials, just as beautiful and durable, are widely available. The city of Santa Monica has shown that it can act nimbly when the occasion calls for it.

The occasion is calling. The city must act now.

Daniel Jansenson, Architect, Building and Fire-Life Safety Commission, for S.M.art (Santa Monica Architects for a Responsible Tomorrow).

8.J.b
Packet Pg. 470 Attachment: Attachment (6106 : Engineered countertop impact ordinance) Item 8.J
Thane Roberts, Architect, Robert H. Taylor AIA, Dan Jansenson, Architect, Building and Fire-Life Safety Commission, Samuel Tolkin Architect, Planning Commissioner, Mario FondaBonardi, AIA, Michael Jolly, AIR CRE.

8.J.b
Packet Pg. 471 Attachment: Attachment (6106 : Engineered countertop impact ordinance) City Council
Report
City Council Meeting: October 24, 2023
Agenda Item: 8.K
1 of 1
To: Mayor and City Council
From: Denise Anderson Warren, City Clerk, Records and Election Services Department
Subject: Request of Councilmember Zwick that the Council authorize use of his travel funds to cover the registration fees and travel expenses associated with attending the YIMBYtown Annual Conference to be held February 26-28, 2024 in Austin, TX.

Prepared By: Esterlina Lugo, Deputy City Clerk
Approved Forwarded to Council
Attachments:

A. CC Travel Budget as of 10.3.23
B. Written Comments

8.K
Packet Pg. 472
Councilmember
FY 2023-24
Revised
Budget
FY 2023-24
Actuals
FY 2022-23
Remaining
Budget
Phil Brock 8,498 2,311 6,187
Gleam Davis 8,498 22 8,476
Oscar de la Torre 8,498 - 8,498
Lana Negrete 8,498 1,788 6,710
Christine Parra 8,498 2,463 6,035
Caroline Torosis 8,498 1,114 7,384
Jesse Zwick 8,498 - 8,498
Grand Total 59,486 7,698 51,788
Councilmember Travel Budget Allocations
During Fiscal Year 2023-24 as of 10/3/23
10/3/2023

8.K.a
Packet Pg. 473 Attachment: CC Travel Budget as of 10.3.23 (6107 : Approve travel funds for Austin, TX) 1 Xavier Mota
From: Ann Hoover <[email protected]>
Sent: Monday, October 9, 2023 4:59 PM
To: councilmtgitems; Gleam Davis; Phil Brock; Caroline Torosis; Lana Negrete; Christine Parra; Oscar de la Torre; Jesse Zwick; Denise Anderson-Warren
Cc: David White; Douglas Sloan; Susan Cline; Susan Cola; David Martin; Jing Yeo; Roxanne Tanemori Subject: City Council Meeting October 10, 2023 - Item 16. I. - OPPOSE

EXTERNAL
Dear Mayor Davis and Esteemed Councilmembers:

Please deny Councilmember Zwick's request to use his travel funds to cover the registration fees and travel expenses associated with attending the YIMBYtown Annual Conference to be held February 26-28, 2024 in Austin, TX.

This request demonstrates disrespect for the ongoing debate around outsized and excessive market rate housing development in Santa Monica and its impacts on the City's financial health, infrastructure, emergency response, unique character, and many other public resources.

Councilmember Zwick should not be allowed to use our public money to pay for such an ideologically controversial and overtly political experience, and one which is completely unnecessary to doing his job as a Councilmember.

Thank you for your consideration.

Sincerely,
Ann Bowman
Resident, 27 years
I. Request of Councilmember Zwick that the Council authorize use of his travel funds to cover the registration fees and travel expenses associated with attending the YIMBYtown Annual Conference to be held February 26-28, 2024 in Austin, TX.

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New item Received 10/5/2023
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Report
Printout
a. CC
Travel
Budget
as of

10.3.23 ITEM 16.I.

October 10, 2023
ITEM 16.I.

October 10, 2023

8.K.b
Packet Pg. 474 Attachment: Written Comments (6107 : Approve travel funds for Austin, TX) 1 Xavier Mota
From: Xavier Mota
Sent: Tuesday, October 10, 2023 4:13 PM
To: councilmtgitems
Subject: FW: 16 I OPPOSE ZWICK ATTENDING YIMBY. ON CITY MONEY From: Christine Parra <[email protected]> Sent: Tuesday, October 10, 2023 3:01 PM
To: Xavier Mota <[email protected]>
Subject: FW: 16 I OPPOSE ZWICK ATTENDING YIMBY. ON CITY MONEY Hi Xavier,
I think you missed this written comment. It was sent by Danielle minutes before she sent the one about 16‐E which you did include in the written comments that you posted and sent to us.

Thanks!
Christine Parra
Councilmember
santamonica.gov
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From: Danielle Charney
Sent: Monday, October 9, 2023 5:55 PM
To: [email protected]; Phil Brock; Christine Parra; Lana Negrete; Jesse Zwick; David White; Oscar de la Torre; [email protected]; Caroline Torosis; Gleam Davis Subject: 16 I OPPOSE ZWICK ATTENDING YIMBY. ON CITY MONEY

EXTERNAL
WHAT ???
Ureal hubris by this son of a multi hundred millionaire going anywhere on our dime but never to YIMBY..

ITEM 16.I.

October 10, 2023
ITEM 16.I.

October 10, 2023

8.K.b
Packet Pg. 475 Attachment: Written Comments (6107 : Approve travel funds for Austin, TX) 2 How sneaky to slip this in ... use your own money Zwick‐ ‐you voted no money for hybrid meetings for the Housing Commission ‐ if your friend Camner were still on it I bet you would pay for it yourself ‐ you want to go to this ‐ pay for it yourself ‐ and no way you represent this town at it...

I. Request of Councilmember Zwick that the Council authorize use of his travel funds to cover the registration fees and travel expenses associated with attending the YIMBYtown Annual Conference to be held February 26-28, 2024 in Austin, TX. New item Received 10/5/2023 Danielle Charney
This is freaking unreal
ITEM 16.I.

October 10, 2023
ITEM 16.I.

October 10, 2023

8.K.b
Packet Pg. 476 Attachment: Written Comments (6107 : Approve travel funds for Austin, TX) City Council
Report
City Council Meeting: October 24, 2023
Agenda Item: 8.L
1 of 1
To: Mayor and City Council
From: Denise Anderson Warren, City Clerk, Records and Election Services Department
Subject: Appointments to two unscheduled vacancies on the Housing Commission for terms ending on 6/30/2024 and 6/30/2026 (Continued from 10/10/2023).

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

A. Applicant List
B. Written Comments

8.L
Packet Pg. 477
City of Santa Monica
Boards and Commissions Applicants
Housing Commission
Name Application Date
Finley, Sheila A.

Garcia, Lydia
Gordon, Gail
Gudgel, Timothy W.

Ha, Edmund
Hixon, Shane
Wells, Analise
07/06/2023
10/12/2023
10/04/2023
09/15/2023
10/03/2023
08/22/2023
09/20/2023
TOTAL APPLICANTS: 7

8.L.a
Packet Pg. 478 Attachment: Applicant List (6090 : Appointments: Housing Comms. (5 mins.)) 1 Xavier Mota
From: Danielle Charney <[email protected]>
Sent: Monday, October 9, 2023 6:45 PM
To: [email protected]; Phil Brock; Jesse Zwick; Lana Negrete; Oscar de la Torre; Christine Parra; David White; [email protected]; Caroline Torosis; Gleam Davis; councilmtgitems Subject: Item 16 J. SUPPORT GORDON AND WELLS FOR HOUSING COMMISSION

EXTERNAL

EVERYONE,
We must not appoint those with ties to special interest groups, real estate developers and foreign syndicators.

We must appoint those who think clearly, have a real stake in our City and have proven it over time. We cannot afford anything less.

Please only support Gail Gordon and Analise Wells for Housing Commission.

Gail is teacher, 30 year resident and a Mom & Pop landlord.  She is what we need more of.  She volunteers at creative venues and has community experience.

Analise is a Born SM native of the Pico area ,with and education in public policy  and a deep interest in fair housing issues. She is 35 years old and brings fresh eyes and energy to our City and it's diverse needs.

Both these women bring what we need more of to the table of the Housing Commission and the City residents. Please vote to appoint them.

J. Appointments to two unscheduled vacancies on the Housing Commission for terms ending on 6/30/2024 and 6/30/2026.

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picture from the Internet.

New item Received 10/5/2023
To help protect your privacy,
Micro so ft Office prevented
auto matic downlo ad o f this
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document
Thank you,
ITEM 16.J.

October 10, 2023
ITEM 16.J.

October 10, 2023

8.L.c
Packet Pg. 479 Attachment: Written Comments (6090 : Appointments: Housing Comms. (5 mins.)) 2 Danielle Charney
ITEM 16.J.

October 10, 2023
ITEM 16.J.

October 10, 2023

8.L.c
Packet Pg. 480 Attachment: Written Comments (6090 : Appointments: Housing Comms. (5 mins.)) 1 Xavier Mota
From: [email protected]
Sent: Monday, October 9, 2023 6:46 PM
To: councilmtgitems
Cc: Gleam Davis; Lana Negrete; Christine Parra; Oscar de la Torre; Phil Brock; Caroline Torosis; Jesse Zwick
Subject: CC item 16J—HC appointments

EXTERNAL
Hello Mayor Davis, Mayor Pro Tem Negrete, and esteemed City Councilmembers, Please appoint Gail Gordon and Analise Wells to the Housing Commission Tuesday night.

Gail Gordon is a decades long resident of Santa Monica, recently reƟred from producing and teaching opera, and a mom and pop landlord. She is well prepared and eager to serve the Santa Monica community by joining the Housing Commission.

Analise Wells is a lifelong resident of the Pico neighborhood who is studying public policy at Santa Monica College. She is passionate about affirmaƟvely furthering fair and affordable housing, and will make an important addiƟon to the Housing Commission.

Thank you for your consideraƟon.

Best wishes,
Michelle Gray
Santa Monica resident
ITEM 16.J.

October 10, 2023
ITEM 16.J.

October 10, 2023

8.L.c
Packet Pg. 481 Attachment: Written Comments (6090 : Appointments: Housing Comms. (5 mins.)) City Council
Report
City Council Meeting: October 24, 2023
Agenda Item: 10.A
1 of 4
To: Mayor and City Council
From: David Martin, Director, Building & Safety
Subject: Introduction and Adoption of an Emergency Ordinance to Clean Up Errors and Restore Previously Approved Regulations for Masonry Wall Building Permit Thresholds and to Extend Building Permit Expiration Dates Recommended Action
Staff recommends that the City Council:

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

2. Introduce and adopt an emergency ordinance amending Article 8 of the Municipal Code to clean up errors and restore previously approved regulations that were inadvertently omitted by subsequent ordinance approvals.

Executive Summary
Two provisions in Article 8 of the Santa Monica Municipal Code (“SMMC”) were inadvertently overwritten by a subsequent ordinance that resulted in the unintended removal of regulations. This request is to amend the affected provisions and restore the original regulations.

Specifically, the recommendation is to amend SMMC Section 8.08.050 to restore a local amendment to the California Building Standards Code (“CBSC”) that reduces the threshold height for when a concrete or masonry wall requires a building permit to four feet; and, to amend SMMC Section 8.08.070 to restore extended timeframes for building permit expiration dates by two years.

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Discussion
On October 25, 2022, Council approved an ordinance to adopt the 2022 CBSC as part of the regular triennial building code update cycle. The ordinance adopted by Council at that time inadvertently omitted and overwrote regulations from ordinances previously approved by Council, which resulted in the regulations being removed from two sections of Article 8 of the SMMC (Building Regulations). This request seeks to remedy the oversight and restore the following two regulations:

1. SMMC Section 8.08.050.C.2 – A local amendment to the CBSC reducing the threshold height for when a concrete or masonry wall requires a building permit; and

2. SMMC Section 8.08.070 – Extended deadlines to building permit expiration dates in response to the COVID-19 pandemic.

SMMC Section 8.08.050 – Permits Required
The CBSC exempts freestanding walls and fences of seven feet in height or less from requiring a building permit. On May 12, 2020, Council approved Ordinance 2635(CCS) to adopt a local amendment to the CBSC to reduce the building permit height threshold for concrete or masonry walls to four feet. The local amendment distinctly separates freestanding masonry and concrete walls from other fence types (wood, wrought iron, chain link) and requires a building permit for masonry or concrete walls more than four feet in height.

Local amendments such as this are permissible by the State of California as long as the amended standard is more restrictive than the CBSC and climactic, geological, or topographical findings are made. A resolution was adopted by Council when the regulation was originally adopted that identified the need for the more restrictive standard primarily due to seismic safety, the substantial risk of geologic hazards in Southern California, and the City’s desire to protect against loss of life and property in the event of a seismic event. The recommendation and the attached ordinance would restore this local amendment and add it to SMMC Section 8.08.050.C.2.

SMMC Section 8.08.070 – Permit Expiration Extended Deadlines

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In response to the economic effects of COVID-19, the City issued an Emergency Order, and subsequent supplements, that included extended deadlines for all active building permit and planning entitlement applications for two years.

On January 25, 2022, the two-year extensions were codified and adopted by Council as part of Emergency Ordinance 2689(CCS), which amended portions of Article VIII and Chapter 9.56 of the Santa Monica Municipal Code (SMMC) to extend certain time frames for building permits, mandatory seismic retrofit compliance, certificates of appropriateness due to unavoidable delays caused by the COVID-pandemic and to further economic recovery efforts. Only the provisions in SMMC Section 8.08.070 that applied to extended building permit time frames were removed by the staff error and are recommended to be restored. Specifically, the two-year extension applies to building permits 1) issued and active as of March 13, 2020; 2) issued between March 13, 2020, and December 31, 2022; or 3) issued pursuant to a complete application submitted between March 13, 2020, and December 31, 2022.

The recommendation and the attached ordinance would restore the extended time frames for qualifying building permits and add the provisions to SMMC Section

8.08.070.

Environmental Review
The proposed ordinance amendment to extend certain timeframes for qualifying building permits is exempt from the provisions of the California Environmental Quality Act (CEQA) pursuant to Section 15301(b)(3) of the State Implementation Guidelines (common sense exception). Based on the evidence in the record, it can be seen with certainty that there is no possibility that the proposed changes may have a significant effect on the environment. The proposal would not result in adverse physical environmental effects as it encompasses only procedural changes and as such, is exempt from CEQA.

Financial Impacts and Budget Actions

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There is no immediate financial impact or budget action necessary as a result of the recommended action.

Prepared By: Ariel Socarras, Building and Safety Manager Approved Forwarded to Council
Attachments:

A. Draft Proposed Ordinance dated October 24, 2023
B. Ordinance 2635(CCS) -Fences and Wall Heights - adopted on May 12, 2020 C. Ordinance 2689(CCS) - Extended Permit Timeframes - adopted on January 25, 2022
D. PowerPoint Presentation

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1 City Council Meeting: October 24, 2023 Santa Monica, California

ORDINANCE NUMBER (CCS)
(City Council Series)

AN EMERGENCY ORDINANCE OF THE CITY COUNCIL OF THE CITY OF

SANTA MONICA AMENDING PORTIONS OF ARTICLE VIII OF THE SANTA

MONICA MUNICIPAL CODE TO RESTORE PREVIOUSLY APPROVED

REGULATIONS INADVERTENTLY OMITTED BY SUBSEQUENT ORDINANCE

APPROVALS
WHEREAS, Santa Monica Municipal Code Section 8.08.070 sets forth time frames for completion of all work authorized pursuant to permits issued under Article VIII of the Santa Monica Municipal Code, Building Regulations; and
WHEREAS, on March 13, 2020, the City Manager, in his role as the Director of Emergency Services, (“Director of Emergency Services”) proclaimed the existence of a local emergency pursuant to Chapter 2.16 of the Santa Monica Municipal Code to ensure the availability of mutual aid and an effective City 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 17, 2020, the Director of Emergency Services issued a Revised Fourth Supplement to the Executive Order which, in part, pursuant to Section 5, and due to measures taken to implement social distancing requirements, suspended planning deadlines and automatic approvals; and
WHEREAS, on April 24, 2020, the Director of Emergency Services issued a Twelfth Supplement to the Executive Order, which, in part, pursuant to Sections 1 through 3, and due to measures taken to implement social distancing requirements, including the closure of City Hall and other City facilities, that resulted in unavoidable delays in the

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Packet Pg. 486 Attachment: Draft Proposed Ordinance dated October 24, 2023 [Revision 2] (5913 : Introduction and Adoption of an Emergency Ordinance to 2 City’s processing of planning and permit related applications and in actions required to be taken under planning entitlements and permits, tolled deadlines for reviewing and acting on planning applications, exercising rights under planning entitlements, and expiration of building permits; and
WHEREAS, on May 29, 2020, the Director of Emergency Services issued an Eighteenth Supplement to the Executive Order which, in part, pursuant to Sections 1 through 6, due to continuing social distancing requirements, including limitations on occupancy at offices and businesses and limitations on construction activities, that continued to result in unavoidable delays in the City’s processing of planning and permit related applications and in actions required to be taken under planning entitlements and permits, superseded and replaced Section 5 of the Revised Fourth Supplement and Sections 1 through 3 of the Twelfth Supplement to extend for two years the deadlines for planning, review, and permit-related actions; and
WHEREAS, on November 23, 2020, the Director of Emergency Services issued a Twenty-Eighth Supplement to the Executive Order, which, in part pursuant to Sections 18 to 24, clarified that the two-year extension of deadlines for planning, review, and permit actions implemented by the Third Revised Eighteenth Supplement does not extend the deadlines for appeals as set forth in Articles VIII and IX of the Santa Monica Municipal Code; and
WHEREAS, since April 2020, the City has continued to engage in an economic recovery strategy that involves a multi-pronged approach focusing on five areas:
business retention and reopening; business process and permitting; publicity and marketing, community economic development, re-employment, and local hiring; and federal and state resources; and

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Packet Pg. 487 Attachment: Draft Proposed Ordinance dated October 24, 2023 [Revision 2] (5913 : Introduction and Adoption of an Emergency Ordinance to 3 WHEREAS, economic uncertainty arising out of the COVID-19 pandemic continues; and
WHEREAS, the City has an important government interest in maintaining a thriving business community and protecting the health, safety, and economic welfare of its citizens and businesses; and
WHEREAS, due to social distancing requirements, including limitations on occupancy at offices and businesses and limitations on construction activities, that resulted in unavoidable delays in the City’s processing of planning and permit related applications and in actions required to be taken under planning entitlements and permits, continued economic uncertainty due to the COVID-19 pandemic which has affected both business operations and the construction industry, and to further the City’s economic recovery efforts, the City Council amended portions of Article VIII to codify extensions for building permits and seismic retrofit compliance previously extended through the Emergency Order; and
WHEREAS, the economic impacts of the COVID-19 pandemic devastated nearly all of the City’s revenue streams, including sales tax, transient occupancy tax, parking revenue, and business license revenue; and
WHEREAS, after reviewing these impacts at its April 14, 2020 meeting, the City Council directed staff to develop a plan to restructure City operations to meet the challenges posed by COVID-19 and to balance the budget; and WHEREAS, on May 5, 2020, the City Council adopted a restructuring plan (the “Restructuring Plan”) to: merge divisions from the Planning and Community Development and Community Services Departments into the Community Development and Community Services Departments; and

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Packet Pg. 488 Attachment: Draft Proposed Ordinance dated October 24, 2023 [Revision 2] (5913 : Introduction and Adoption of an Emergency Ordinance to 4 WHEREAS, on January 25, 2022, the City Council adopted Emergency Ordinance 2689(CCS), amending portions of Article VIII and Chapter 9.56 of the Santa Monica Municipal Code to extend certain time frames for building permits, mandatory seismic retrofit compliance, and certificates of appropriateness, and to extend processing time frames for applications under Chapter 9.56 due to unavoidable delays caused by the COVID-19 pandemic and to further economic recovery efforts; and WHEREAS, the California Building Standards Code exempts freestanding walls and fences of seven feet in height or less from requiring a building permit; and WHEREAS, on May 12, 2020, Council approved Ordinance 2635 (CCS) to adopt a local amendment to the California Building Standards Code to reduce the building permit height threshold for concrete or masonry walls to four feet; and WHEREAS, the local amendment distinctly separates freestanding masonry and concrete walls from other fence types (wood, wrought iron, chain link) and requires a building permit for masonry or concrete walls more than four feet in height; WHEREAS, local amendments such as this are permissible by the State of California as long as the amended standard is more restrictive than the California Building Standards Code and the City makes the requisite climactic, geological, or topographical findings; and
WHEREAS, the City has previously identified the need for more restrictive standards primarily due to seismic safety, the substantial risk of geological hazards in Southern California, and the City’s desire to protect against the loss of life and property in the event of a seismic event; and
WHEREAS, on October 25, 2022, the City Council adopted Ordinance 2727(CCS) amending Article VIII of the Santa Monica Municipal Code by adopting the 2022 California

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Packet Pg. 489 Attachment: Draft Proposed Ordinance dated October 24, 2023 [Revision 2] (5913 : Introduction and Adoption of an Emergency Ordinance to 5 Building Standards Code and local Santa Monica amendments to the California Building Standards Code; and
WHEREAS, the adoption of Ordinance 2727(CCS) on October 25, 2022, included inadvertent omissions that removed portions of Article VIII of the Santa Monica Municipal Code previously adopted by the City Council extending building permit timeframes due to the COVID-19 pandemic and reducing the building permit height threshold for concrete and/or masonry walls; and
WHEREAS, the restoration of the extended building permit timeframes in Article VIII of the Santa Monica Municipal Code, adopted by the City Council on January 25, 2022, are necessary to accomplish the intended goals of the Emergency Ordinance and the City's economic recovery efforts; and
WHEREAS, the restoration of the building permit height threshold reduction for concrete and/or masonry walls, adopted by City Council on May 12, 2022, is necessary for seismic safety due to the substantial risk of geological hazards in Southern California, and the City’s desire to protect against the loss of life and property in the event of a seismic event; and
WHEREAS, based on the findings contained in this ordinance and material presented in the accompanying Staff Report, the City Council finds and declares that taking emergency action to adopt this ordinance is necessary to protect and preserve the public peace, health, and safety.

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

SECTION 1. Santa Monica Municipal Code Section 8.08.050 is hereby amended to read as follows:

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Packet Pg. 490 Attachment: Draft Proposed Ordinance dated October 24, 2023 [Revision 2] (5913 : Introduction and Adoption of an Emergency Ordinance to 6 8.08.050 Permits required.
(a) General. No person shall erect, construct, enlarge, alter, repair, move, improve, remove, convert, maintain or demolish any building, structure or building service equipment regulated by this Chapter, the California Building Standards Code and related codes and standards without first obtaining an appropriate permit for each building, structure or building service equipment from the Building Officer except as specified in this Section.

No person shall do any exterior sandblasting within the City without first obtaining an appropriate permit for each separate work location or contractor.

No person shall perform any excavation or grading work without first obtaining an appropriate permit from the Building Officer except as specified in this Section.

No person shall erect any temporary structures within the City without first obtaining an appropriate permit from the Building Officer except as specified in this Section.

Exemption from the permit requirements of this Chapter shall not be deemed to grant authorization for any work to be done in violation of the provisions of applicable codes and standards or any other laws or ordinances.
(b) Temporary Structures. Temporary structures such as reviewing stands, platforms, displays and other miscellaneous structures, sheds, canopies or fences used for the protection of the public around and in conjunction with construction work may be erected by special permit from the Building Officer for a limited period of time. Buildings or structures erected under a special permit need not comply with the type of construction or fire-resistive time periods required by the Building Code. Temporary structures shall be completely removed upon the expiration of the time limit stated in the permit.

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Packet Pg. 491 Attachment: Draft Proposed Ordinance dated October 24, 2023 [Revision 2] (5913 : Introduction and Adoption of an Emergency Ordinance to 7 (c) Work Exempt from Building Permit. A building permit shall not be required for the following:
(1) One-story detached accessory buildings not more than fourteen feet in height when used as tool and storage sheds, playhouses and similar uses, provided the floor area does not exceed one hundred twenty square feet, when the surface of adjacent grade does not exceed one unit vertical in 10 units horizontal (i.e., ten percent slope); the building does not contain electrical, mechanical or plumbing work and the building conforms to the applicable zoning regulations of Chapter 9.04 of the Municipal Code. (2) Exterior freestanding masonry or concrete walls not over four feet high, and other fences not over seven walls and fences not over six feet high. (3) Oil derricks.
(4) Movable cases, counters and partitions not over five feet nine inches high. (5) Retaining walls that are not over four feet in height measured from the bottom of the footing to the top of the wall, unless supporting a surcharge or impounding flammable liquids.
(6) Water tanks supported directly upon grade if the capacity does not exceed five thousand gallons and the ratio of height to diameter or width does not exceed 2:1. (7) Platforms, walks and driveways not more than thirty inches above grade and not over or surcharging any basement or story below.
(8) Painting, papering and similar finish work, including color or texture coating of exterior plaster.
(9) Flooring when installed on a concrete floor slab or when weighing not more than

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Packet Pg. 492 Attachment: Draft Proposed Ordinance dated October 24, 2023 [Revision 2] (5913 : Introduction and Adoption of an Emergency Ordinance to 8 four pounds per square foot or replacing the same weight per square foot. (10) Temporary motion picture, television and theater stage sets and scenery. (11) Prefabricated swimming pools accessory to one- and two-family dwellings in which the pool walls are entirely above the adjacent grade and the capacity does not exceed five thousand gallons and there are no electrical, gas or plumbing equipment or components associated with the prefabricated swimming pool.
(d) Work Exempt from a Grading Permit. A grading permit is not required for the following:
(1) Any grading work authorized by a valid combination-building permit. (2) An excavation below finished grade for basements and footings of a building, retaining wall or other structure authorized by a valid building permit. (3) Cemetery graves.
(4) Refuse disposal sites controlled by other regulations. (5) Excavations for wells or tunnels or utilities.
(6) Mining, quarrying, excavating, processing or stockpiling of rock, sand, gravel, aggregate or clay where established and provided for by law, provided such operations do not affect the lateral support or increase the stresses in or pressure upon any adjacent or contiguous property.
(7) Exploratory excavations under the direction of geotechnical engineers or engineering geologists.
(8) An excavation that is less than two feet in depth or does not create a cut slope greater than five feet in height and steeper than one unit vertical in one and one-half units

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Packet Pg. 493 Attachment: Draft Proposed Ordinance dated October 24, 2023 [Revision 2] (5913 : Introduction and Adoption of an Emergency Ordinance to 9 horizontal (sixty-six and seven-tenths percent slope). (9) A fill less than one foot in depth and placed on natural terrain with a slope flatter than one unit vertical in five units horizontal (twenty percent slope), or less than three feet in depth, not intended to support structures, that does not exceed fifty cubic yards on any one lot and does not obstruct a drainage course.
(e) Work Exempt from Plumbing Permit. A plumbing permit shall not be required for the following:
(1) Any plumbing work authorized by a valid combination-building permit. (2) The stopping of leaks in drains, soil, waste or vent pipe, provided, however, that should any concealed trap, drain pipe, soil, waste or vent pipe become defective and it becomes necessary to remove and replace the same with new material, the same shall be considered as new work and a permit shall be procured and inspection made as provided in this Code.
(3) The clearing of stoppages or the repairing of leaks in pipes, valves or fixtures, nor for the removal and reinstallation of water closets, provided such repairs do not involve or require the replacement or rearrangement of valves, pipes or fixtures. (f) Work Exempt from Electrical Permit. An electrical permit shall not be required for the following:
(1) Any electrical work authorized by a valid combination-building permit. (2) Portable motors or other portable appliances energized by means of a cord or cable having an attachment plug end to be connected to an approved receptacle when the Electrical Code permits that cord or cable.

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Packet Pg. 494 Attachment: Draft Proposed Ordinance dated October 24, 2023 [Revision 2] (5913 : Introduction and Adoption of an Emergency Ordinance to 10 (3) Repair of fixed motors, transformers or fixed approved appliances of the same type and rating in the same location.
(4) Temporary decorative lighting.
(5) Repair or replacement of current-carrying parts of any switch, contactor or control device.
(6) Reinstallation of attachment plug receptacles, but not the outlets therefor. (7) Replacement of an over-current device where the device is installed in the same location and is of the same manufacturer, same voltage, same ampere rating, same characteristics, and has an interrupting capacity meeting conditions at the time of replacement.
(8) Repair or replacement of electrodes or transformers of the same size and capacity for signs or gas tube systems.
(9) Taping joints.
(10) Removal of electrical wiring.
(11) Temporary wiring for experimental purposes in suitable experimental laboratories. (12) The wiring for temporary theater, motion picture or television stage sets. (13) Electrical wiring, devices, appliances, apparatus or equipment operating at less than twenty-five volts and not capable of supplying more than fifty watts of energy. (14) Low-energy power, control and signal circuits of Class II and Class III as defined in the Electrical Code.
(15) Installation, alteration or repair of electrical wiring, apparatus or equipment or the

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Packet Pg. 495 Attachment: Draft Proposed Ordinance dated October 24, 2023 [Revision 2] (5913 : Introduction and Adoption of an Emergency Ordinance to 11 generation, transmission, distribution or metering of electrical energy or in the operation of signals or the transmission of intelligence by a public or private utility in the exercise of its function as a serving utility.
(g) Work Exempt from Mechanical Permit. A mechanical permit shall not be required for the following:
(1) Any mechanical work authorized by a valid combination-building permit. (2) Portable heating appliance, ventilating equipment, cooling unit or evaporative cooler.
(3) Closed system of steam, hot or chilled water piping within heating or cooling equipment regulated by the California Mechanical Code.
(4) Replacement of any component part of assembly of an appliance that does not alter its original approval and complies with other applicable requirements of applicable codes and standards.
(5) Refrigerating equipment that is part of the equipment for which a permit has been issued pursuant to the requirements of applicable codes and standards. (6) A unit refrigerating system as defined in the Mechanical Code. (h) Work Exempt from All Permitting Requirements. Reinstallation of new toilets, urinals, and irrigation timers, in programs entirely undertaken by the City of Santa Monica and directly supervised by the Building Officer shall not require any building, mechanical, electrical, or plumbing permit. This exemption only applies to the fixture or equipment but does not exempt plumbing, piping, drainage, electrical work associated with the replacement. This exemption does not apply to installations in new buildings.

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Packet Pg. 496 Attachment: Draft Proposed Ordinance dated October 24, 2023 [Revision 2] (5913 : Introduction and Adoption of an Emergency Ordinance to 12 SECTION 2. Santa Monica Municipal Code Section 8.08.070 is hereby amended to read as follows:

8.08.070 Permit issuance, extension and renewal.
(a) Issuance. If the Building Officer finds that the work described in an application for a permit and submittal documents conforms to the requirements of this Article, the California Building Standards Code and other pertinent laws and ordinances, and that the applicant has paid all required fees, the Building Officer shall issue a permit for the work to the applicant. When a permit is issued for which plans are required, the construction documents shall be approved in writing or by stamp.

No building permit or demolition permit shall be issued by the City for any development that requires a coastal development permit under the California Coastal Act of 1976, Public Resources Code Section 30000 et seq., until such time as a coastal development permit has been issued for such development. (b) Partial Permit. The Building Officer may issue a permit for the construction of part of a building, structure or building service equipment before the entire plans and specifications for the whole building, structure or building service equipment have been submitted or approved, provided adequate information and detailed statements have been filed complying with all pertinent requirements. The holder of a partial permit shall proceed without assurance that the permit for the entire building, structure or building service will be granted.
(c) Expiration. Every permit issued under the provisions of this Code expires by limitation and becomes null and void when any of the following circumstances is applicable:
(1) Failure to Start Construction. If the building or work authorized by

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Packet Pg. 497 Attachment: Draft Proposed Ordinance dated October 24, 2023 [Revision 2] (5913 : Introduction and Adoption of an Emergency Ordinance to 13 such permit is not started within one year from the date of permit issuance; (2) Cessation of Work. If the building or work authorized is suspended or abandoned at any time after the work has started, for a period of one hundred eighty days or more;
(3) Time to Complete. In addition to subsections (1) and (2) above, every permit issued under the provisions of this Chapter expires by limitation and becomes null and void when the time allowed to complete all work authorized by the permit exceeds the following time periods set forth in this subsection, based on valuation.: When a project is divided into separate permits for the convenience of the owner or tenants, and the work on such permits is to be done concurrently, the time allowed to complete all work on each separate permit shall be equal to the time period for the total valuation of the separate permits. (A) Except as provided in subsection (B), the time allowed to complete all work authorized by a permit shall be as follows:

Valuation Time Allowed
Under $300,000.00 12 months
$300,001.00 to $1,000,000.00 24 months
$1,000,001.00 to $20,000,000.00 36 months
Over $20,000,000.00 48 months
(B) Notwithstanding subsection (A), the time allowed to complete all work authorized by a permit (i) issued and active as of March 13, 2020; (ii) issued between March 13, 2020 and December 31, 2022; or (iii) issued pursuant to a complete application submitted between March 13, 2020 and December 31, 2022, shall be as follows:

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Packet Pg. 498 Attachment: Draft Proposed Ordinance dated October 24, 2023 [Revision 2] (5913 : Introduction and Adoption of an Emergency Ordinance to 14 Valuation Time Allowed
Under $300,000.00 36 months
$300,001.00 to $1,000,000.00 48 months
$1,000,001.00 to $20,000,000.00 60 months
Over $20,000,000.00 72 months
When a project is divided into separate permits for the convenience of the owner or tenants and the work on such permits is to be done concurrently, the time allowed to complete all work on each separate permit shall be equal to the time period for the total valuation of the separate permits.
(d) Extensions.
(1) Extensions of time from the stated periods in subsection (c) above may be permitted for good reason, provided such requests are submitted to the Building Officer in writing prior to permit expiration. The written request must demonstrate that:
(A) Due to circumstances beyond the owner’s or permittee’s control, construction could not be commenced, continued or completed in the authorized time period;
(B) If construction has started, substantial progress has been made;
(C) The condition of the property presents no health or safety hazard; and
(D) The continued delay will not create any unreasonable aesthetic impact to the neighborhood or substantial economic detriment to neighboring property owners.
(2) The time periods set forth to start construction within 180 one

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Packet Pg. 499 Attachment: Draft Proposed Ordinance dated October 24, 2023 [Revision 2] (5913 : Introduction and Adoption of an Emergency Ordinance to 15 hundred eighty days or resume construction after cessation of work for 180 one hundred eighty days may each be extended no more than once, and the time period set forth to complete construction may be extended no more than three times; however, if the project includes the preservation of a designated City of Santa Monica landmark, the period to complete construction may be extended no more than four times. Each extension of time shall not exceed 180 one hundred eighty days.
(e) Extension Request Appeals. The decision of the Building Officer may be appealed to the Director of Planning and Community Development, who shall conduct a de novo review. Any such appeal shall be filed in writing within seven days of the decision of the Building Officer. The decision of the Director of Planning and Community Development shall be final.
(f) Renewal. Before any work authorized under an expired permit can be recommenced, the permit holder shall file an application for renewal. Such application shall include all original submittal documents and shall identify any changes that have been made or will be made in the original plans and specifications for such work.

If the Building Officer finds that the work remaining to be completed under the permit conforms to the requirements of applicable codes and standards and other pertinent laws and ordinances, and that the applicant has paid all required fees, the Building Officer shall renew the permit for the work to the applicant. No work shall recommence until the renewal application and submittal documents are approved.

SECTION3. 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

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Packet Pg. 500 Attachment: Draft Proposed Ordinance dated October 24, 2023 [Revision 2] (5913 : Introduction and Adoption of an Emergency Ordinance to 16 to effect the provisions of this Ordinance.

SECTION4. 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.

SECTION5. 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. Pursuant to Sections 615 and 619 of the City Charter, for the reasons stated in the above recitals, the staff report dated October 24, 2023, accompanying this ordinance, oral and written testimony received by the City Council, and City Council discussion, the City Council declares this ordinance to be necessary as an emergency measure for preserving the public peace, health, and safety, with the result that this ordinance shall be introduced and adopted at the same meeting upon its adoption.

APPROVED AS TO FORM:

DOUGLAS SLOAN
City Attorney

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Packet Pg. 501 Attachment: Draft Proposed Ordinance dated October 24, 2023 [Revision 2] (5913 : Introduction and Adoption of an Emergency Ordinance to 1 City Council Meeting: May 12, 2020 Santa Monica, California ORDINANCE NUMBER 2635 (CCS)
(City Council Series)

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
SANTA MONICA AMENDING SECTION 8.08.050 OF THE SANTA MONICA MUNICIPAL CODE TO ADOPT THE 2019 CALIFORNIA BUILDING STANDARDS

CODE REGULATION TO EXEMPT FREESTANDING WALLS SEVEN FEET OR LESS

IN HEIGHT FROM REQUIRING A BUILDING PERMIT, AND ADOPT A LOCAL

AMENDMENT TO THE BUILDING STANDARDS CODE TO EXEMPT CONCRETE OR

MASONRY WALLS FOUR FEET IN HEIGHT OR LESS FROM REQUIRING A

BUILDING PERMIT
WHEREAS, Health and Safety Code Section 18938 provides that the triennial edition of the California Building Standards Code establishes building standards for all occupancies throughout the State and requires that these standards incorporate the latest editions of the Technical Codes with necessary California amendments; and WHEREAS, on July 1, 2019, the California State Building Standards Commission approved and published the 2019 edition of the California Building Standards Code; and WHEREAS, the Technical Codes incorporated by reference in the 2019 California Building Standards Code include the 2019 California Building Code and the 2019 California Residential Code; and
WHEREAS, Health and Safety Code Sections 18938 and 17958 make the California Building Standards Code applicable to all cities and counties throughout DocuSign Envelope ID: DAF343D1-974E-4F1C-9255-4EE4F6F8502F

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Packet Pg. 502 Attachment: Ordinance 2635(CCS) -Fences and Wall Heights - adopted on May 12, 2020 [Revision 1] (5913 : Introduction and Adoption of an 2 California, including the City of Santa Monica, 180 days after publication by the State Building Standards Commission, which was January 1, 2020; and WHEREAS, Health and Safety Code Sections 17958.5, 17958.7, and 18941.5 provide that the City may make changes or modifications to the building standards contained in the California Building Standards Code based upon express findings that such changes or modifications are reasonably necessary because of local climatic, geological, or topographical conditions; and
WHEREAS, at its October 15, 2019, meeting, the Santa Monica City Council adopted a resolution making findings regarding local climatic, geological, topographical, and environmental conditions to support certain local amendments to the 2019 California Building Standards Code; and
WHEREAS, at its October 22, 2019, meeting, the Santa Monica City Council adopted an ordinance that adopted the 2019 California Building Code and the 2019 California Residential Code and the Santa Monica local amendments to the 2019 California Building Standards Code; and
WHEREAS, Section 105.2 of the 2019 California Building Code and Section R105.2 of the 2019 California Residential Code exempt from permit requirements fences not over 7 feet high; and
WHEREAS, upon filing the Santa Monica local amendments to the 2019 California Building Standards Code with the California Building Standards Commission, it was identified that an inconsistency existed between Santa Monica Municipal Code Section

8.08.050(c)(2), which exempted fences and walls over six feet high from requiring a DocuSign Envelope ID: DAF343D1-974E-4F1C-9255-4EE4F6F8502F

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Packet Pg. 503 Attachment: Ordinance 2635(CCS) -Fences and Wall Heights - adopted on May 12, 2020 [Revision 1] (5913 : Introduction and Adoption of an 3 building permit, and Section 105.2 of the 2019 California Building Code and Section R105.2 of the 2019 California Residential Code, which exempted fences over seven feet high from requiring a building permit; and
WHEREAS, Santa Monica Municipal Code Section 8.08.050(c)(2) was more restrictive than the 2019 California Building Standards Code in its requirement for building permits for fences and walls, but the finding regarding local climatic, geological, and topographical conditions required to support such a more restrictive local amendment was not included in the October 15, 2019, City Council resolution; and WHEREAS, on February 3, 2020, the California Building Standards Commission notified the City of Santa Monica Building & Safety Division that Santa Monica Municipal Code Section 8.08.050(c)(2), which requires a building permit for fences and walls more than six feet in height, was rejected due to the need for an express finding related to climatic, geological, and topographical conditions related to this more restrictive requirement; and
WHEREAS, on March 11, 2020, the Building and Fire Life Safety Commission met to consider a recommendation to the City Council regarding adopting a local amendment to the 2019 California Building Standards Code for when a fence or wall requires a building permit, and a resolution making findings regarding local climactic, geological, and topographical conditions to support the local amendment; and WHEREAS, at the March 11, 2020, meeting, the Building and Safety Commission unanimously recommended that the City Council adopt a resolution making the necessary findings regarding local climactic, geological, and topographical conditions, and adopt the local amendment to the 2019 California Building Standards Code for when a fence or wall DocuSign Envelope ID: DAF343D1-974E-4F1C-9255-4EE4F6F8502F

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Packet Pg. 504 Attachment: Ordinance 2635(CCS) -Fences and Wall Heights - adopted on May 12, 2020 [Revision 1] (5913 : Introduction and Adoption of an 4 requires a building permit; and
WHEREAS, based upon the findings contained in the Resolution adopted concurrently with this Ordinance, the City Council has found that certain modifications and additions to the California Building Standards Code are reasonably necessary based upon local climatic, geological, and topographical conditions.

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

SECTION 1. It is the purpose and intent of this Ordinance to adopt a local amendment to the 2019 California Building Standards Code that is necessary to address local climatic, geographical, and topographical conditions.

SECTION 2. Section 8.08.050 of the Santa Monica Municipal Code is hereby amended to read as follows:

8.08.050 Permits required.
(a) General. No person shall erect, construct, enlarge, alter, repair, move, improve, remove, convert, maintain or demolish any building, structure or building service equipment regulated by this Chapter, the California Building Standards Code and related codes and standards without first obtaining an appropriate permit for each building, structure or building service equipment from the Building Officer except as specified in this Section.

No person shall do any exterior sandblasting within the City without first obtaining an appropriate permit for each separate work location or contractor.

DocuSign Envelope ID: DAF343D1-974E-4F1C-9255-4EE4F6F8502F

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Packet Pg. 505 Attachment: Ordinance 2635(CCS) -Fences and Wall Heights - adopted on May 12, 2020 [Revision 1] (5913 : Introduction and Adoption of an 5 No person shall perform any excavation or grading work without first obtaining an appropriate permit from the Building Officer except as specified in this Section.

No person shall erect any temporary structures within the City without first obtaining an appropriate permit from the Building Officer except as specified in this Section.

Exemption from the permit requirements of this Chapter shall not be deemed to grant authorization for any work to be done in violation of the provisions of applicable codes and standards or any other laws or ordinances.
(b) Temporary Structures. Temporary structures such as reviewing stands, platforms, displays and other miscellaneous structures, sheds, canopies or fences used for the protection of the public around and in conjunction with construction work may be erected by special permit from the Building Officer for a limited period of time. Buildings or structures erected under a special permit need not comply with the type of construction or fire-resistive time periods required by the Building Code. Temporary structures shall be completely removed upon the expiration of the time limit stated in the permit. (c) Work Exempt from Building Permit. A building permit shall not be required for the following:
(1) One-story detached accessory buildings not more than fourteen feet in height when used as tool and storage sheds, playhouses and similar uses, provided the floor area does not exceed one hundred twenty square feet, when the surface of adjacent grade does not exceed one unit vertical in 10 units horizontal (i.e., ten percent slope); the building does not contain electrical, mechanical or plumbing work and the building conforms to the applicable zoning regulations of Chapter 9.04 of the Municipal Code.

DocuSign Envelope ID: DAF343D1-974E-4F1C-9255-4EE4F6F8502F

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Packet Pg. 506 Attachment: Ordinance 2635(CCS) -Fences and Wall Heights - adopted on May 12, 2020 [Revision 1] (5913 : Introduction and Adoption of an 6 (2) Exterior freestanding masonry or concrete walls not over four feet high, and other fences not over seven feet high.
(3) Oil derricks.
(4) Movable cases, counters and partitions not over five feet nine inches high. (5) Retaining walls that are not over four feet in height measured from the bottom of the footing to the top of the wall, unless supporting a surcharge or impounding flammable liquids.
(6) Water tanks supported directly upon grade if the capacity does not exceed five thousand gallons and the ratio of height to diameter or width does not exceed 2:1. (7) Platforms, walks and driveways not more than thirty inches above grade and not over or surcharging any basement or story below.
(8) Painting, papering and similar finish work, including color or texture coating of exterior plaster.
(9) Flooring when installed on a concrete floor slab or when weighing not more than four pounds per square foot or replacing the same weight per square foot. (10) Temporary motion picture, television and theater stage sets and scenery. (11) Prefabricated swimming pools accessory to one- and two-family dwellings in which the pool walls are entirely above the adjacent grade and the capacity does not exceed five thousand gallons and there are no electrical, gas or plumbing equipment or components associated with the prefabricated swimming pool.

DocuSign Envelope ID: DAF343D1-974E-4F1C-9255-4EE4F6F8502F

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Packet Pg. 507 Attachment: Ordinance 2635(CCS) -Fences and Wall Heights - adopted on May 12, 2020 [Revision 1] (5913 : Introduction and Adoption of an 7 (d) Work Exempt from a Grading Permit. A grading permit is not required for the following:
(1) Any grading work authorized by a valid combination-building permit. (2) An excavation below finished grade for basements and footings of a building, retaining wall or other structure authorized by a valid building permit. (3) Cemetery graves.
(4) Refuse disposal sites controlled by other regulations. (5) Excavations for wells or tunnels or utilities.
(6) Mining, quarrying, excavating, processing or stockpiling of rock, sand, gravel, aggregate or clay where established and provided for by law, provided such operations do not affect the lateral support or increase the stresses in or pressure upon any adjacent or contiguous property.
(7) Exploratory excavations under the direction of geotechnical engineers or engineering geologists.
(8) An excavation that is less than two feet in depth or does not create a cut slope greater than five feet in height and steeper than one unit vertical in one and one-half units horizontal (sixty-six and seven-tenths percent slope).
(9) A fill less than one foot in depth and placed on natural terrain with a slope flatter than one unit vertical in five units horizontal (twenty percent slope), or less than three feet in depth, not intended to support structures, that does not exceed fifty cubic yards on any one lot and does not obstruct a drainage course.

DocuSign Envelope ID: DAF343D1-974E-4F1C-9255-4EE4F6F8502F

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Packet Pg. 508 Attachment: Ordinance 2635(CCS) -Fences and Wall Heights - adopted on May 12, 2020 [Revision 1] (5913 : Introduction and Adoption of an 8 (e) Work Exempt from Plumbing Permit. A plumbing permit shall not be required for the following:
(1) Any plumbing work authorized by a valid combination-building permit. (2) The stopping of leaks in drains, soil, waste or vent pipe, provided, however, that should any concealed trap, drain pipe, soil, waste or vent pipe become defective and it becomes necessary to remove and replace the same with new material, the same shall be considered as new work and a permit shall be procured and inspection made as provided in this Code.
(3) The clearing of stoppages or the repairing of leaks in pipes, valves or fixtures, nor for the removal and reinstallation of water closets, provided such repairs do not involve or require the replacement or rearrangement of valves, pipes or fixtures. (f) Work Exempt from Electrical Permit. An electrical permit shall not be required for the following:
(1) Any electrical work authorized by a valid combination-building permit. (2) Portable motors or other portable appliances energized by means of a cord or cable having an attachment plug end to be connected to an approved receptacle when the Electrical Code permits that cord or cable.
(3) Repair of fixed motors, transformers or fixed approved appliances of the same type and rating in the same location.
(4) Temporary decorative lighting.
(5) Repair or replacement of current-carrying parts of any switch, contactor or control device.

DocuSign Envelope ID: DAF343D1-974E-4F1C-9255-4EE4F6F8502F

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Packet Pg. 509 Attachment: Ordinance 2635(CCS) -Fences and Wall Heights - adopted on May 12, 2020 [Revision 1] (5913 : Introduction and Adoption of an 9 (6) Reinstallation of attachment plug receptacles, but not the outlets therefor. (7) Replacement of an over-current device where the device is installed in the same location and is of the same manufacturer, same voltage, same ampere rating, same characteristics, and has an interrupting capacity meeting conditions at the time of replacement.
(8) Repair or replacement of electrodes or transformers of the same size and capacity for signs or gas tube systems.
(9) Taping joints.
(10) Removal of electrical wiring.
(11) Temporary wiring for experimental purposes in suitable experimental laboratories.
(12) The wiring for temporary theater, motion picture or television stage sets. (13) Electrical wiring, devices, appliances, apparatus or equipment operating at less than twenty-five volts and not capable of supplying more than fifty watts of energy. (14) Low-energy power, control and signal circuits of Class II and Class III as defined in the Electrical Code.
(15) Installation, alteration or repair of electrical wiring, apparatus or equipment or the generation, transmission, distribution or metering of electrical energy or in the operation of signals or the transmission of intelligence by a public or private utility in the exercise of its function as a serving utility.

DocuSign Envelope ID: DAF343D1-974E-4F1C-9255-4EE4F6F8502F

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Packet Pg. 510 Attachment: Ordinance 2635(CCS) -Fences and Wall Heights - adopted on May 12, 2020 [Revision 1] (5913 : Introduction and Adoption of an 10 (g) Work Exempt from Mechanical Permit. A mechanical permit shall not be required for the following:
(1) Any mechanical work authorized by a valid combination-building permit. (2) Portable heating appliance, ventilating equipment, cooling unit or evaporative cooler.
(3) Closed system of steam, hot or chilled water piping within heating or cooling equipment regulated by the California Mechanical Code.
(4) Replacement of any component part of assembly of an appliance that does not alter its original approval and complies with other applicable requirements of applicable codes and standards.
(5) Refrigerating equipment that is part of the equipment for which a permit has been issued pursuant to the requirements of applicable codes and standards. (6) A unit refrigerating system as defined in the Mechanical Code. (h) Work Exempt from All Permitting Requirements. Reinstallation of new toilets, urinals, and irrigation timers, in programs entirely undertaken by the City of Santa Monica and directly supervised by the Building Officer shall not require any building, mechanical, electrical, or plumbing permit. This exemption only applies to the fixture or equipment but does not exempt plumbing, piping, drainage, electrical work associated with the replacement. This exemption does not apply to installations in new buildings.

DocuSign Envelope ID: DAF343D1-974E-4F1C-9255-4EE4F6F8502F

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Packet Pg. 511 Attachment: Ordinance 2635(CCS) -Fences and Wall Heights - adopted on May 12, 2020 [Revision 1] (5913 : Introduction and Adoption of an 11 SECTION 3. Any provision of the Santa Monica Municipal Code or appendices thereto inconsistent with the provisions of this Ordinance, to the extent of such inconsistencies and no further, is hereby repealed or modified to 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 after its submission to the California Building Standards Commission.

APPROVED AS TO FORM:
_________________________
GEORGE S. CARDONA
Acting City Attorney
DocuSign Envelope ID: DAF343D1-974E-4F1C-9255-4EE4F6F8502F

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Packet Pg. 512 Attachment: Ordinance 2635(CCS) -Fences and Wall Heights - adopted on May 12, 2020 [Revision 1] (5913 : Introduction and Adoption of an Approved and adopted this 12th day of May, 2020.
_____________________________
Kevin McKeown, Mayor
State of California )
County of Los Angeles ) ss.

City of Santa Monica )
I, Denise Anderson-Warren, City Clerk of the City of Santa Monica, do hereby certify that the foregoing Ordinance No. 2635 (CCS) had its introduction on April 28, 2020 and was adopted at the Santa Monica City Council meeting held on May 12, 2020, by the following vote:

AYES: Councilmembers Davis, Morena, Himmelrich, Winterer, Jara, Mayor Pro Tem O’Day, Mayor McKeown
NOES: None
ABSENT: None
ATTEST:
_____________________________________ _________________ Denise Anderson-Warren, City Clerk Date
A summary of Ordinance No. 2635 (CCS) was duly published pursuant to California Government Code Section 40806.

DocuSign Envelope ID: DAF343D1-974E-4F1C-9255-4EE4F6F8502F 5/21/2020

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Packet Pg. 513 Attachment: Ordinance 2635(CCS) -Fences and Wall Heights - adopted on May 12, 2020 [Revision 1] (5913 : Introduction and Adoption of an 1 City Council Meeting: January 25, 2022 Santa Monica, California ORDINANCE NUMBER_________(CCS)
(City Council Series)

AN EMERGENCY ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA AMENDING PORTIONS OF ARTICLE VIII AND CHAPTER 9.56

OF THE SANTA MONICA MUNICIPAL CODE TO EXTEND CERTAIN TIME

FRAMES FOR BUILDING PERMITS, MANDATORY SEISMIC RETROFIT

COMPLIANCE, AND CERTIFICATES OF APPROPRIATENESS, AND TO

EXTEND PROCESSING TIME FRAMES FOR APPLICATIONS UNDER CHAPTER

9.56 DUE TO UNAVOIDABLE DELAYS CAUSED BY THE COVID-19 PANDEMIC

AND TO FURTHER ECONOMIC RECOVERY EFFORTS
WHEREAS, Santa Monica Municipal Code Section 8.08.070 sets forth time frames for completion of all work authorized pursuant to permits issued under Article VIII of the Santa Monica Municipal Code, Building Regulations; and
WHEREAS, on March 28, 2017, the City Council adopted Ordinance Number 2537 (CCS) amending Articles IV and VIII of the Santa Monica Municipal Code by updating seismic retrofit standards and tenant protection laws; and WHEREAS, Ordinance 2537, in part, set forth time frames for compliance with mandatory seismic retrofit requirements for a variety of building types within the City; and WHEREAS, Landmark and Historic District Ordinance of the City of Santa Monica, Santa Monica Municipal Code Chapter 9.56, sets forth time frames for review of applications for designation of Structures of Merit and Landmarks and applications for Certificates of Appropriateness, and time frames for commencement of work approved pursuant to a Certificate of Appropriateness; and

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Packet Pg. 514 Attachment: Ordinance 2689(CCS) - Extended Permit Timeframes - adopted on January 25, 2022 (5913 : Introduction and Adoption of an 2 WHEREAS, on March 13, 2020, the City Manager, in his role as the Director of Emergency Services, (“Director of Emergency Services”) proclaimed the existence of a local emergency pursuant to Chapter 2.16 of the Santa Monica Municipal Code to ensure the availability of mutual aid and an effective City 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 17, 2020, the Director of Emergency Services issued a Revised Fourth Supplement to the Executive Order which, in part, pursuant to Section 5, and due to measures taken to implement social distancing requirements, suspended planning deadlines and automatic approvals; and
WHEREAS, on April 24, 2020, the Director of Emergency Services issued a Twelfth Supplement to the Executive Order, which, in part, pursuant to Sections 1 through 3, and due to measures taken to implement social distancing requirements, including the closure of City Hall and other City facilities, that resulted in unavoidable delays in the City’s processing of planning and permit related applications and in actions required to be taken under planning entitlements and permits, tolled deadlines for reviewing and acting on planning applications, exercising rights under planning entitlements, and expiration of building permits; and
WHEREAS, on May 29, 2020, the Director of Emergency Services issued an Eighteenth Supplement to the Executive Order which, in part, pursuant to Sections 1 through 6, due to continuing social distancing requirements, including limitations on occupancy at offices and businesses and limitations on construction activities, that

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Packet Pg. 515 Attachment: Ordinance 2689(CCS) - Extended Permit Timeframes - adopted on January 25, 2022 (5913 : Introduction and Adoption of an 3 continued to result in unavoidable delays in the City’s processing of planning and permit related applications and in actions required to be taken under planning entitlements and permits, superseded and replaced Section 5 of the Revised Fourth Supplement and Sections 1 through 3 of the Twelfth Supplement to extend for two years the deadlines for planning, review, and permit-related actions; and
WHEREAS, on November 23, 2020, the Director of Emergency Services issued a Twenty-Eighth Supplement to the Executive Order, which, in part pursuant to Sections 18 to 24, clarified that the two-year extension of deadlines for planning, review, and permit actions implemented by the Third Revised Eighteenth Supplement does not extend the deadlines for appeals as set forth in Articles VIII and IX of the Santa Monica Municipal Code; and
WHEREAS, since April 2020, the City has continued to engage in an economic recovery strategy that involves a multi-pronged approach focusing on five areas:
business retention and reopening; business process and permitting; publicity and marketing, community economic development, re-employment, and local hiring; and federal and state resources; and
WHEREAS, economic uncertainty arising out of the COVID-19 pandemic continues; and
WHEREAS, the City has an important government interest in maintaining a thriving business community and protecting the health, safety, and economic welfare of its citizens and businesses; and
WHEREAS, due to social distancing requirements, including limitations on occupancy at offices and businesses and limitations on construction activities, that

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Packet Pg. 516 Attachment: Ordinance 2689(CCS) - Extended Permit Timeframes - adopted on January 25, 2022 (5913 : Introduction and Adoption of an 4 resulted in unavoidable delays in the City’s processing of planning and permit related applications and in actions required to be taken under planning entitlements and permits, continued economic uncertainty due to the COVID-19 pandemic which has affected both business operations and the construction industry, and to further the City’s economic recovery efforts, the City Council desires to amend portions of Article VIII and the Landmarks Ordinance to codify two-year extensions for building permits, seismic retrofit compliance, and commencement of work authorized pursuant to a Certificate of Appropriateness previously extended through the Emergency Order, and to extend permits eligible for such extensions through December 31, 2022; and WHEREAS, the economic impacts of the COVID-19 pandemic devastated nearly all of the City’s revenue streams, including sales tax, transient occupancy tax, parking revenue, and business license revenue; and
WHEREAS, after reviewing these impacts at its April 14, 2020 meeting, the City Council directed staff to develop a plan to restructure City operations to meet the challenges posed by COVID-19 and to balance the budget; and WHEREAS, on May 5, 2020, the City Council adopted a restructuring plan (the “Restructuring Plan”) to: merge divisions from the Planning and Community Development and Community Services Departments into the Community Development and Community Services Departments; and
WHEREAS, on June 9, 2020, as part of the Restructuring Plan, the City Council approved City staff’s recommendation regarding a restructured historic preservation program, and on June 23, 2020, the City Council adopted the FY 2020-21 Operating Budget, including a final approval of the restructured historic preservation program; and

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Packet Pg. 517 Attachment: Ordinance 2689(CCS) - Extended Permit Timeframes - adopted on January 25, 2022 (5913 : Introduction and Adoption of an 5 WHEREAS, the restructured historic preservation program reflects a substantial reduction in staff support for the historic preservation program; and WHEREAS, the City Council desires to amend the Landmarks Ordinance to extend deadlines for processing applications for designation of Structures of Merits and Landmarks and for Certificates of Appropriateness to reflect the reduction in resources; and
WHEREAS, based on the findings contained in this ordinance and material presented in the accompanying Staff Report, the City Council finds and declares that taking emergency action to adopt this ordinance is necessary to protect and preserve the public peace, health, and safety.

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

SECTION 1. Santa Monica Municipal Code Section 8.08.070 is hereby amended to read as follows:

8.08.070 Permit issuance, extension and renewal.
(a) Issuance. If the Building Officer finds that the work described in an application for a permit and submittal documents conforms to the requirements of this Article, the California Building Standards Code and other pertinent laws and ordinances, and that the applicant has paid all required fees, the Building Officer shall issue a permit for the work to the applicant. When a permit is issued for which plans are required, the construction documents shall be approved in writing or by stamp.

No building permit or demolition permit shall be issued by the City for any development that requires a coastal development permit under the California Coastal Act

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Packet Pg. 518 Attachment: Ordinance 2689(CCS) - Extended Permit Timeframes - adopted on January 25, 2022 (5913 : Introduction and Adoption of an 6 of 1976, Public Resources Code Section 30000 et seq., until such time as a coastal development permit has been issued for such development. (b) Partial Permit. The Building Officer may issue a permit for the construction of part of a building, structure or building service equipment before the entire plans and specifications for the whole building, structure or building service equipment have been submitted or approved, provided adequate information and detailed statements have been filed complying with all pertinent requirements. The holder of a partial permit shall proceed without assurance that the permit for the entire building, structure or building service will be granted.
(c) Expiration. Every permit issued under the provisions of this Code expires by limitation and becomes null and void when any of the following circumstances is applicable:
(1) Failure to Start Construction. If the building or work authorized by such permit is not started within one year from the date of permit issuance; (2) Cessation of Work. If the building or work authorized is suspended or abandoned at any time after the work has started, for a period of one hundred eighty days or more;
(3) Time to Complete. In addition to subsections (1) and (2) above, every permit issued under the provisions of this Chapter expires by limitation and becomes null and void when the time allowed to complete all work authorized by the permit exceeds the following time periods set forth in this subsection, based on valuation.: When a project is divided into separate permits for the convenience of the owner or tenants, and the work on such permits is to be done concurrently,

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Packet Pg. 519 Attachment: Ordinance 2689(CCS) - Extended Permit Timeframes - adopted on January 25, 2022 (5913 : Introduction and Adoption of an 7 the time allowed to complete all work on each separate permit shall be equal to the time period for the total valuation of the separate permits. (A) Except as provided in subsection (B), the time allowed to complete all work authorized by a permit shall be as follows:

Valuation Time Allowed
Under $300,000.00 12 months
$300,001.00 to $1,000,000.00 24 months
$1,000,001.00 to $20,000,000.00 36 months
Over $20,000,000.00 48 months
(B) Notwithstanding subsection (A), the time allowed to complete all work authorized by a permit (i) issued and active as of March 13, 2020; (ii) issued between March 13, 2020 and December 31, 2022; or (iii) issued pursuant to a complete application submitted between March 13, 2020 and December 31, 2022, shall be as follows:

Valuation Time Allowed
Under $300,000.00 36 months
$300,001.00 to $1,000,000.00 48 months
$1,000,001.00 to $20,000,000.00 60 months
Over $20,000,000.00 72 months
When a project is divided into separate permits for the convenience of the owner or tenants and the work on such permits is to be done concurrently, the time allowed to complete all work on each separate permit shall be equal to the time period for the total valuation of the separate permits.
(d) Extensions.

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Packet Pg. 520 Attachment: Ordinance 2689(CCS) - Extended Permit Timeframes - adopted on January 25, 2022 (5913 : Introduction and Adoption of an 8 (1) Extensions of time from the stated periods in subsection (c) above may be permitted for good reason, provided such requests are submitted to the Building Officer in writing prior to permit expiration. The written request must demonstrate that:
(A) Due to circumstances beyond the owner’s or permittee’s control, construction could not be commenced, continued or completed in the authorized time period;
(B) If construction has started, substantial progress has been made;
(C) The condition of the property presents no health or safety hazard; and
(D) The continued delay will not create any unreasonable aesthetic impact to the neighborhood or substantial economic detriment to neighboring property owners.
(2) The time periods set forth to start construction within 180 one hundred eighty days or resume construction after cessation of work for 180 one hundred eighty days may each be extended no more than once, and the time period set forth to complete construction may be extended no more than three times; however, if the project includes the preservation of a designated City of Santa Monica landmark, the period to complete construction may be extended no more than four times. Each extension of time shall not exceed 180 one hundred eighty days.

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Packet Pg. 521 Attachment: Ordinance 2689(CCS) - Extended Permit Timeframes - adopted on January 25, 2022 (5913 : Introduction and Adoption of an 9 (e) Extension Request Appeals. The decision of the Building Officer may be appealed to the Director of Planning and Community Development, who shall conduct a de novo review. Any such appeal shall be filed in writing within seven days of the decision of the Building Officer. The decision of the Director of Planning and Community Development shall be final.
(f) Renewal. Before any work authorized under an expired permit can be recommenced, the permit holder shall file an application for renewal. Such application shall include all original submittal documents and shall identify any changes that have been made or will be made in the original plans and specifications for such work.

If the Building Officer finds that the work remaining to be completed under the permit conforms to the requirements of applicable codes and standards and other pertinent laws and ordinances, and that the applicant has paid all required fees, the Building Officer shall renew the permit for the work to the applicant. No work shall recommence until the renewal application and submittal documents are approved.

SECTION 2. Santa Monica Municipal Code Section 8.60.040 is hereby amended to read as follows:

8.60.040 Time limits for compliance
(a) Except as provided in subsection (b), the The owner of any URM building covered by this Chapter shall comply with the following time limits:

Action by Building Owner Time Limits from Date of Service of Order Structural Evaluation Report 90 Days or 3 Months
Application for Building Permit and Submission of Plans 180 Days or 6 Months Final Approval 2 Years or 24 Months

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Packet Pg. 522 Attachment: Ordinance 2689(CCS) - Extended Permit Timeframes - adopted on January 25, 2022 (5913 : Introduction and Adoption of an 10 (b) Notwithstanding subsection (a) above, the owner of any URM building covered by this Chapter that has received a permit: (1) issued and active as of March 13, 2020; (2) issued between March 13, 2020 and December 31, 2022; or (3) issued pursuant to a complete application submitted between March 13, 2020 and December 31, 2022 shall comply with the following time limits.

Action by Building Owner Time Limits from Date of Service of Order Structural Evaluation Report 2 years, 3 Months; or 27 Months Application for Building Permit and Submission of Plans 2 years, 6 Months; or 30 Months Final Approval 4 Years or 48 Months
SECTION 3. Santa Monica Municipal Code Section 8.64.060 is hereby amended to read as follows:

8.64.060 Time limits for compliance
(a) Except as provided in subsection (b) below, the The owner of any building covered by this Chapter shall comply with the following time limits.

Action by Building Owner Time Limits from Date of Service of Order Structural Evaluation Report 120 Days or 4 Months
Application for Building Permit and Submission of Plans 270 Days or 9 Months Final Approval 3 Years or 36 Months
(b) Notwithstanding subsection (a) above, the owner of any building covered by this Chapter that has received a permit: (1) issued and active as of March 13, 2020; (2) issued between March 13, 2020 and December 31, 2022; or (3) issued pursuant to a complete application submitted between March 13, 2020 and December 31, 2022 shall comply with the following time limits.

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Packet Pg. 523 Attachment: Ordinance 2689(CCS) - Extended Permit Timeframes - adopted on January 25, 2022 (5913 : Introduction and Adoption of an 11 Action by Building Owner Time Limits from Date of Service of Order Structural Evaluation Report 2 years, 4 Months; or 28 Months Application for Building Permit and Submission of Plans 2 years, 9 Months; or 33 Months Final Approval 5 Years or 60 Months
SECTION 4. Santa Monica Municipal Code Section 8.72.050 is hereby amended to read as follows:

8.72.050 Time limits for compliance
The owner of any building covered by this Chapter shall comply with the following time limits.

Action by Building Owner Time Limits from Date of Service of Order Structural Evaluation Report 42 Years or 4824 Months
Application for Building Permit and Submission of Plans 53 Years or 6036 Months Final Approval 86 Years or 9672 Months
SECTION 5. Santa Monica Municipal Code Section 8.76.060 is hereby amended to read as follows:

8.76.060 Time limits for compliance
(a) Except as provided in subsection (b) below, the The owner of any building covered by this Chapter shall comply with the following time limits.

Action by Building Owner Time Limits from Date of Service of Order Structural Evaluation Report 3 Years or 36 Months
Application for Building Permit and Submission of Plans 12 Years or 144 Months Final Approval 20 Years or 240 Months
(b) Notwithstanding subsection (a) above, the owner of any building covered by this Chapter that has received a permit: (1) issued and active as of March 13, 2020;

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Packet Pg. 524 Attachment: Ordinance 2689(CCS) - Extended Permit Timeframes - adopted on January 25, 2022 (5913 : Introduction and Adoption of an 12 (2) issued between March 13, 2020 and December 31, 2022; or (3) issued pursuant to a complete application submitted between March 13, 2020 and December 31, 2022 shall comply with the following time limits.

Action by Building Owner Time Limits from Date of Service of Order Structural Evaluation Report 5 Years or 60 Months
Application for Building Permit and Submission of Plans 14 Years or 168 Months Final Approval 22 Years or 264 Months
SECTION 6. Santa Monica Municipal Code Section 8.80.060 is hereby amended to read as follows:

8.80.060 Time limits for compliance
(a) Except as provided in subsection (b) below, the The owner of any building covered by this Chapter shall comply with the following time limits.

Action by Building Owner Time Limits from Date of Service of Order Structural Evaluation Report 3 Years or 36 Months
Application for Building Permit and Submission of Plans 4 Years, 6 Months or 54 Months Final Approval 10 Years or 120 Months
(b) Notwithstanding subsection (a) above, the owner of any building covered by this Chapter that has received a permit: (1) issued and active as of March 13, 2020; (2) issued between March 13, 2020 and December 31, 2022; or (3) issued pursuant to a complete application submitted between March 13, 2020 and December 31, 2022 shall comply with the following time limits.

Action by Building Owner Time Limits from Date of Service of Order Structural Evaluation Report 5 Years or 60 Months
Application for Building Permit and Submission of Plans 6 Years, 6 Months or 78 Months Final Approval 12 Years or 144 Months

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Packet Pg. 525 Attachment: Ordinance 2689(CCS) - Extended Permit Timeframes - adopted on January 25, 2022 (5913 : Introduction and Adoption of an 13 SECTION 7. Santa Monica Municipal Code Section 9.56.090 is hereby amended to read as follows:

9.56.090 Structure of Merit Designation Procedure
Structures of Merit shall be designated by the Landmarks Commission in accordance with the following procedure:

A. Except as limited by Section 9.25.040(E), any person may request the designation of an improvement as a Structure of Merit by properly filing with the Director an application for such designation on a form furnished by the Department. Additionally, the Commission may file an application for the designation of a Structure of Merit on its own motion. Within thirty days of filing a Structure of Merit designation application, the property owner and tenants of the subject property shall be notified of the application filing.

B. Upon determination that an application for designation of an improvement as a structure of merit is complete, removal or demolition, in whole or in part, of or to a proposed Structure of Merit is prohibited, and no permit issued by any City Department, Board or Commission including, but not limited to, a conditional use permit, a tentative tract map, or tentative parcel map permit, a development review permit, any Zoning Conformance permit, Architectural Review Board approval, rent control permit, or building permit, authorizing any such removal or demolition shall be granted while any action on the application is pending.

C. The Director shall conduct an evaluation of the proposed designation and shall make a recommendation to the Commission as to whether the structure merits such designation. A public hearing to determine whether the structure merits such designation

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Packet Pg. 526 Attachment: Ordinance 2689(CCS) - Extended Permit Timeframes - adopted on January 25, 2022 (5913 : Introduction and Adoption of an 14 shall be scheduled before the Landmarks Commission within ninety one hundred days of the determination that the application is complete. The owner of the improvement may agree to extend the time period for the Commission to hold the public hearing on the application.

D. Not more than twenty days and not less than ten days prior to the date scheduled for a public hearing, notice of the date, time, place, and purpose thereof shall be given by at least one publication in a daily newspaper of general circulation, and shall be mailed to the applicant, owner of the improvement, and to all owners and residential and commercial tenants of all real property within three hundred feet of the exterior boundaries of the lot or lots on which a proposed Structure of Merit is situated, using for this purpose the names and addresses of such owners as are shown on the records of the Los Angeles County Assessor. The failure to send notice by mail to any such real property owner where the address of such owner is not a matter of public record shall not invalidate any proceedings in connection with the proposed designation. The Commission may also give such other notice as it may deem desirable and practicable.

E. At the conclusion of the public hearing, or any continuation thereof, No later than ninety days from the determination that the application is complete, the Commission shall approve, in whole or in part, or disapprove the application for the designation of a Structure of Merit. Any continued public hearing must be completed within thirty-five days from the date set for the initial public hearing. If the Commission fails to take action on the application for the designation of a Structure of Merit within the thirty-five day time period at the conclusion of the public hearing, the application for such designation shall be deemed disapproved, and it shall be the duty of the Director to certify such disapproval.

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Packet Pg. 527 Attachment: Ordinance 2689(CCS) - Extended Permit Timeframes - adopted on January 25, 2022 (5913 : Introduction and Adoption of an 15 The owner of the improvement may agree to extend the time period for the Commission to hold and conclude the public hearing on the application.

F. The decision of the Commission shall be in writing and shall state the findings of fact and reasons relied upon to reach the decision, and such decision shall be filed with the Director.

G. Upon the rendering of a decision to designate a Structure of Merit, the owner of the designated Structure of Merit shall be given written notification of such designation by the Commission, using for this purpose the name and address of such owner as is shown in the records of the Los Angeles County Assessor.

H. Subject to other provisions of this Section and Section 9.56.180 of this Chapter, a decision of the Commission to designate a Structure of Merit shall be in full force and effect from and after the date of the rendering of such decision by the Commission.

I. The Commission shall have the power, after a public hearing, to amend, modify, or rescind any decision to designate a Structure of Merit and to make any preliminary or supplemental designations, determinations or decisions, as additions thereto.

J. The Commission shall determine the instances in which cases scheduled for public hearing may be continued or taken under advisement. In such instances, no new notice need be given of the further hearing date, provided such date is announced at the scheduled public hearing.

K. Whenever an application for the designation of a Structure of Merit has been disapproved or deemed disapproved by the Commission, no application which contains the same or substantially the same information as the one which has been disapproved shall be resubmitted to or reconsidered by the Commission or City Council within a period

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Packet Pg. 528 Attachment: Ordinance 2689(CCS) - Extended Permit Timeframes - adopted on January 25, 2022 (5913 : Introduction and Adoption of an 16 of five years from the effective date of the final action upon such prior application.

However, if significant new information is available, the City Council, upon recommendation from the Landmarks Commission, may waive the time limit by resolution and permit a new application to be filed. In addition, an application by the owner of the improvement proposed for Structure of Merit designation may be resubmitted or reconsidered notwithstanding said five year time period.

L. If an improvement is designated as a Structure of Merit because the improvement contributes to a potential Historic District, this designation shall remain in full force and effect only if within ninety days from the date of designation, either by the Landmarks Commission or by the City Council on appeal, an application for designation of an Historic District has been filed pursuant to Section 9.56.130 which would include the Structure of Merit within its area. If a Historic District application is timely filed, the Structure of Merit designation shall remain in full force and effect during the Historic District designation process. If an application for designation of a Historic District is not timely filed or a Historic District is not designated in accordance with Section 9.56.130, then the Structure of Merit designation shall be automatically nullified without any action required by the Commission.

SECTION 8. Santa Monica Municipal Code Section 9.56.120 is hereby amended to read as follows:

9.56.120 Landmark Designation Procedure
Landmarks shall be designated by the Landmarks Commission in accordance with the following procedure:

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Packet Pg. 529 Attachment: Ordinance 2689(CCS) - Extended Permit Timeframes - adopted on January 25, 2022 (5913 : Introduction and Adoption of an 17 A. Except as limited by Section 9.25.040(E), any person may request the designation of an improvement as a Landmark by filing a complete application for such designation with the Department on a form furnished by the Department. Additionally, the Commission may file an application for the designation of a Landmark on its own motion.

Within thirty days of filing a landmark designation application, the property owner and tenants of the subject property shall be notified of the filing of such application.

B. Upon the filing of an application for designation of an improvement as a Landmark, any alteration, restoration, construction, removal, relocation or demolition, in whole or in part, of or to a proposed Landmark or Landmark Parcel is prohibited. No permit shall be issued by any City Department, board or commission, including, but not limited to, a conditional use permit, a tentative tract map or tentative parcel map permit, a development review permit, any Zoning Conformance permit, Architectural Review Board approval, certificate of appropriateness permit, rent control permit, or building permit, which would authorize any such alteration, restoration, construction, removal, relocation or demolition until a final determination on the application is rendered by the Commission, or the City Council on appeal.

C. The Director shall conduct an evaluation of the proposed designation and shall make a recommendation to the Commission as to whether the improvement merits designation. A public hearing to determine whether the improvement merits designation shall be scheduled before the Landmarks Commission within one hundred sixty-five days of the determination that the application is complete. The owner of the improvement may agree to extend the time period for the Commission to hold the public hearing on the application.

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Packet Pg. 530 Attachment: Ordinance 2689(CCS) - Extended Permit Timeframes - adopted on January 25, 2022 (5913 : Introduction and Adoption of an 18 D. Not more than twenty days and not less than ten days prior to the date scheduled for a public hearing, notice of the date, time, place and purpose thereof shall be given by at least one publication in a daily newspaper of general circulation, and shall be mailed to the applicant, the owner of the improvement, all owners and residential and commercial tenants of all real property within three hundred feet of the exterior boundaries of the lot or lots on which a proposed Landmark is situated, and to residential and commercial tenants of the subject property, using for this purpose the names and addresses of such owners as are shown on the records of the Los Angeles County Assessor. The address of the residential and commercial tenants shall be determined by visual site inspection or other reasonably accurate means. The failure to send notice by mail to any such real property owner where the address of such owner is not a matter of public record shall not invalidate any proceedings in connection with the proposed designation. The Commission may also give such other notice as it may deem desirable and practicable.

E. At the conclusion of the public hearing, or any continuation thereof, the Commission shall approve, in whole or in part, or disapprove the application for the designation of a Landmark, and may define and describe an appropriate Landmark Parcel. Any continued public hearing must be completed within thirty-five sixty-five days from the date set for the initial public hearing. If the Commission fails to take action on the application for the designation of a Landmark within the thirty-five sixty-five day time period, the application for such designation shall be deemed disapproved. The owner of the improvement may agree to extend the time period for the Commission to hold and conclude the public hearing on the application.

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Packet Pg. 531 Attachment: Ordinance 2689(CCS) - Extended Permit Timeframes - adopted on January 25, 2022 (5913 : Introduction and Adoption of an 19 F. The Commission shall have the power, after a public hearing, whether at the time it renders such decision to designate a Landmark or at any time thereafter, to specify the nature of any alteration, restoration, construction, removal, relocation or demolition of or to a Landmark or Landmark Parcel which may be performed without the prior issuance of a certificate of appropriateness pursuant to this Chapter. The Commission shall also have the power, after a public hearing, to amend, modify or rescind any decision to designate a Landmark or Landmark Parcel and any specifications made pursuant to this subsection. The Commission shall further have the power to make any preliminary or supplemental designations, determinations or decisions, as additions to its designation determinations.

G. Subject to other provisions of this Section and Section 9.56.180 of this Chapter, a decision of the Commission to designate a Landmark shall be in full force and effect from and after the date of the rendering of such decision by the Commission.

H. Within thirty-five days after the decision has been rendered, the Commission shall approve a statement of official actions which shall include:

1. A statement of the applicable criteria and standards against which the application for designation was assessed.

2. A statement of the facts found that establish compliance or noncompliance with each applicable criteria and standards.

3. The reasons for a determination to approve or deny the application.

4. The decision to deny or to approve with or without conditions and subject to compliance with applicable standards.

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Packet Pg. 532 Attachment: Ordinance 2689(CCS) - Extended Permit Timeframes - adopted on January 25, 2022 (5913 : Introduction and Adoption of an 20 I. The official owner of the designated Landmark shall be provided a copy of the statement of official action after Commission approval using for this purpose the name and address of such owner as is shown in the records of the Los Angeles County Assessor.

J. Whenever an application for the designation of a Landmark has been disapproved or deemed disapproved by the Commission, or by the City Council on appeal, no new application which contains the same or substantially the same information shall be filed within a period of five years from final action on the prior application.

However, if significant new information is available, the Landmarks Commission may waive the time limit by resolution and permit a new application to be filed. In addition, an application of the owner of the subject improvement proposed for Landmark designation may be resubmitted or reconsidered notwithstanding the five year time period.

SECTION 9. Santa Monica Municipal Code Section 9.56.170 is hereby amended to read as follows:

9.56.170 Certificate of Appropriateness/Certificate of Economic Hardship Procedure
An application for a certificate of appropriateness or an application for a certificate of economic hardship approving any proposed alteration, restoration, construction, removal, relocation, or demolition, in whole or in part, of or to a Landmark or Landmark Parcel, or of or to a building or structure within a Historic District shall be processed in accordance with the following procedure:

A. Any owner of a Landmark, or of a building or structure within a Historic District, may request the issuance of a certificate of appropriateness or certificate of economic

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Packet Pg. 533 Attachment: Ordinance 2689(CCS) - Extended Permit Timeframes - adopted on January 25, 2022 (5913 : Introduction and Adoption of an 21 hardship by properly filing with the Director an application for such certificate of appropriateness or certificate of economic hardship on a form furnished by the Department. Each application for a certificate of appropriateness or certificate of economic hardship shall include such plans, specifications, statements of work, and any other information which are reasonably required by the Landmarks Commission to make a decision on any such proposed work. An application shall be determined complete within thirty days after the Department receives a substantially complete application together with all information, plans, specifications, statements of work, and any other materials and documents required by the appropriate application forms supplied by the City. If, within the specified time period, the Department fails to advise the applicant in writing that his or her application is incomplete and to specify additional information required to complete that application, the application shall automatically be deemed complete.

B. The Director shall schedule a public hearing to be held within sixty-five fortyfive days of the date on which an application for a certificate of appropriateness or certificate of economic hardship is determined complete and shall make a preliminary recommendation to the Commission on or before the date scheduled for a public hearing as to the appropriateness and qualification of the application for a certificate of appropriateness or certificate of economic hardship.

C. Not more than twenty days and not less than ten days prior to the date scheduled for a public hearing, notice of the date, time, place and purpose thereof shall be given by at least one publication in a daily newspaper of general circulation, shall be mailed to the applicant, and to the owners and residential and commercial tenants of all

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Packet Pg. 534 Attachment: Ordinance 2689(CCS) - Extended Permit Timeframes - adopted on January 25, 2022 (5913 : Introduction and Adoption of an 22 real property within three hundred feet of the exterior boundaries of the Landmark Parcel upon which a Landmark is situated in the case of any proposed work to a Landmark, or within three hundred feet of the exterior boundaries of the lot or lots on which a building or structure within a Historic District is situated in the case of any proposed work to a building or structure within a Historic District, using for this purpose the names and addresses of such owners as are shown on the records of the Los Angeles County Assessor. The failure to send notice by mail to any such real property owner where the address of such owner is not a matter of public record shall not invalidate any proceedings in connection with the proposed designation. The Commission may also give such other notice as it may deem desirable and practicable.

D. The Commission shall have up to six months, or one year if the project requires an Environmental Impact Report, to render a decision on the certificate application. If the Commission does not render a decision within this time period, then the certificate application shall be automatically determined approved if any required environmental review has been completed. Notwithstanding the foregoing, the Commission may mutually agree with the applicant for a certificate of appropriateness or certificate of economic hardship to extend the six months or one year time period in which the Commission must take action to another time period which is mutually agreeable. The time period provided for in this Section shall be extended by the time period provided for in Section 9.56.160(D) when applicable.

E. The decision of the Commission shall be in writing and shall state the findings of fact and reasons relied upon to reach the decision, and such decision shall be filed with the Director of Planning.

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Packet Pg. 535 Attachment: Ordinance 2689(CCS) - Extended Permit Timeframes - adopted on January 25, 2022 (5913 : Introduction and Adoption of an 23 F. Subject to the provisions of Section 9.56.180 of this Chapter, upon the rendering of such decision to approve an application for a certificate of appropriateness or certificate of economic hardship, the Commission shall issue the certificate of appropriateness or certificate of economic hardship within a reasonable period of time and such issued certificate of appropriateness or certificate of economic hardship may be obtained by the applicant from the Department.

G. Subject to other provisions of this Section 9.56.170 and Section 9.56.180 of this Chapter, a decision of the Commission shall be in full force and effect from and after the date of the rendering of such decision by the Commission. A certificate of economic hardship may be appealed to the City Council in the same manner and according to the same procedures as for a certificate of appropriateness.

H. Subject to other provisions of Sections 9.56.170 and 9.56.180 of this Chapter, a certificate of appropriateness or certificate of economic hardship shall be in full force and effect from and after the date of the issuance by the Commission.

Any certificate of appropriateness or certificate of economic hardship issued pursuant to this Chapter shall expire within the following time frames, unless the work authorized by the Certificate of appropriateness has commenced:

1. Except as provided in paragraph 2 below, one year from the its date of issuance unless the work authorized by the certificate has been commenced.

2. Notwithstanding paragraph 1 above, three years from the date of issuance for a Certificate of Appropriateness:
a. Issued and active as of March 13, 2020;
b. Issued between March 13, 2020 and December 31, 2022; or

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Packet Pg. 536 Attachment: Ordinance 2689(CCS) - Extended Permit Timeframes - adopted on January 25, 2022 (5913 : Introduction and Adoption of an 24 c. Issued in accordance with a complete application that was submitted between March 13, 2020 and December 31, 2022.

3. In addition, any such certificate of appropriateness or certificate of economic hardship shall also expire and become null and void if such work authorized is suspended or abandoned for a one hundred eighty-day time period after being commenced.

I. The Commission shall have the power, after a public hearing, to amend, modify or rescind any decision to approve, in whole or in part, an application for a certificate of appropriateness or certificate of economic hardship and to make any preliminary or supplemental designations, determinations or decisions, as additions thereto.

J. The Commission shall determine the instances in which cases scheduled for public hearing may be continued or taken under advisement. In such instances, no new notice need be given of the further hearing date, provided such date is announced at the scheduled public hearing.

K. The following rules shall limit the resubmittal of an application for a certificate of appropriateness or certificate of economic hardship:

1. Whenever an application for a certificate of appropriateness or certificate of economic hardship for demolition has been disapproved or deemed disapproved by the Commission, or by the City Council on appeal, no application which is the same or substantially the same as the one which has been disapproved shall be resubmitted to or reconsidered by the Commission or City Council for a period of five years from the effective date of the final action upon the prior application. A certificate of appropriateness or certificate of economic hardship for demolition may be re-filed at any time during the five-year period

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Packet Pg. 537 Attachment: Ordinance 2689(CCS) - Extended Permit Timeframes - adopted on January 25, 2022 (5913 : Introduction and Adoption of an 25 provided that the applicant submits significant additional information which was not and could not have been submitted with the previous application. A re-filed application shall be processed in the manner outlined in this Section 9.56.170.

Under this provision, should the applicant still seek to demolish the Landmark structure after the five year period has expired, a new and separate certificate of appropriateness or certificate of economic hardship application would be required to be re-filed. This application shall be subject to the same conditions as the prior application.

2. Whenever an application for a certificate of appropriateness or certificate of economic hardship for other than demolition has been disapproved or deemed disapproved by the Commission, or by the City Council on appeal, no application which is the same or substantially the same as the one which has been disapproved shall be resubmitted to or reconsidered by the Commission or City Council within a period of one hundred eighty days from the effective date of the final action upon such prior application. A certificate of appropriateness or certificate of economic hardship for other than demolition may be re-filed at any time during the one hundred eighty day period provided that the applicant submits significant additional information, which was not and could not have been submitted with the previous application. A re-filed application shall be processed in the manner outlined in this Section 9.56.170. Under this provision, should the applicant still seek approval for other than the demolition of a Landmark structure after the one hundred eighty day period has expired, a new and separate certificate of appropriateness or certificate of economic hardship application would be

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Packet Pg. 538 Attachment: Ordinance 2689(CCS) - Extended Permit Timeframes - adopted on January 25, 2022 (5913 : Introduction and Adoption of an 26 required to be re-filed. This application shall be subject to the same conditions as the prior application.

L. Under the authority of Section 9.56.060, the Commission, may, by resolution, establish criteria under which the Landmarks Commission Secretary may approve certificate of appropriateness applications for minor or insignificant alterations, restorations, or construction, in whole or in part, of or to a Landmark or Landmark Parcel, or of or to a building or structure within a Historic District which would not defeat the purposes and objectives of this Chapter.

SECTION 10. The City Council finds, based on the findings above and the reasons set forth in the Staff Report accompanying this Ordinance, that it is necessary to adopt this Ordinance as an emergency measure to preserve the public peace, health and safety.

SECTION 11. 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 12. 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

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Packet Pg. 539 Attachment: Ordinance 2689(CCS) - Extended Permit Timeframes - adopted on January 25, 2022 (5913 : Introduction and Adoption of an 27 any portion of the ordinance would be subsequently declared invalid or unconstitutional.

SECTION 13. 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:
_______________________

JOSEPH LAWRENCE
Interim City Attorney

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Packet Pg. 540 Attachment: Ordinance 2689(CCS) - Extended Permit Timeframes - adopted on January 25, 2022 (5913 : Introduction and Adoption of an Agenda Item 10.A
City Council
October 24, 2023
SMMC Chapter 8
Cleanup and Error Corrections

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Packet Pg. 541 Attachment: PowerPoint Presentation (5913 : Introduction and Adoption of an Emergency Proposed Changes
Restore the following two SMMC Chapter 8 Provisions:

SMMC 8.08.050(c)(2) – Work Exempt from Building Permit
Exterior freestanding masonry or concrete walls not over four feet high, and other fences not over seven feet high.

SMMC 8.08.070(c)(3) – Building Permit Expiration
Two-year extension to building permits:
1) issued and active as of March 13, 2020;
2) issued between March 13, 2020, and December 31, 2022; 3) issued pursuant to a complete application submitted between March 13, 2020 and December 31, 2022.

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Packet Pg. 542 Attachment: PowerPoint Presentation (5913 : Introduction and Adoption of an Emergency City Council
Report
City Council Meeting: October 24, 2023
Agenda Item: 11.A
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To: Mayor and City Council
From: Gigi Decavalles-Hughes, Director, Finance Department, Budget Subject: Fiscal Year 2022-23 Year-End Budget Review
Recommended Action
Staff recommends that the City Council:

1. Approve changes to the FY 2022-23 Revised Budget, as described in this report;

2. Approve changes to the FY 2023-24 Revised Budget and FY 2024-25 Approved Budget, as described in this report;

3. Adopt a Resolution of the City of Santa Monica establishing new classifications and adopting salary rates for various listed positions (Attachment A);

4. Adopt a Resolution of the City of Santa Monica establishing new classifications and adopting salary rates for listed positions in the City Attorney’s Office (Attachment B);

5. Approve the position and classification changes (Attachment C);

6. Adopt a Resolution of the City Council of the City of Santa Monica revising the City’s master fee schedule to establish new and revise certain user fees and charges (Attachment D); and

7. Authorize the City Manager to accept a grant award in the amount of $90,000 from the California Library Literacy Services (CLLS) for implementation of English as a Second Language Services (ESL) and to execute all necessary documents to accept the grant and all grant renewals;

8. Authorize the City Manager to accept a grant award in the amount of $514,145 from the U.S. Department of Justice under the 2023 Bureau of Justice Assistance FY 2023 Justice and Mental Health Collaboration Program to support the Services, Treatment & Empowerment Program (STEP), and to execute all necessary documents to accept the grant and all grant renewals;

9. Authorize the City Manager to negotiate and execute an agreement with Exodus Recovery for the STEP for the City Attorney’s Office. This recommended award is made as an exception to the competitive bidding process pursuant to Sections

2.24.250 (i) and 2.24.240 (a) and is for a term of 4 years at a total amount not-toexceed $1,500,000, with future year funding contingent on Council budget approval;

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10.Authorize the City Manager to negotiate and execute funding agreements with developers and existing businesses to provide funding to support coordination of large-scale development projects;

11.Authorize staff to amend the City’s Fiscal Policies to add the plan to replenish funding leveraged to pay for legal settlements and COVID-related losses, as described in Attachment E; and

12.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.

Summary
The Year-End Budget report is an opportunity to make time-sensitive adjustments necessary to close the City’s books for the previous fiscal year and to ensure programs continue expeditiously in the new year. Changes to the prior year budget, FY 2022-23, allow for significant Council actions to be reflected in the City’s annual financial report.

Also included in this Year-End Budget report are recommended adjustments to roll unspent FY 2022-23 funding to FY 2023-24 for the continuation of projects not completed in the prior year, as well as to program new funds from grants and other funding sources to key initiatives that advance community priorities.

A full audited accounting of the City’s financial status as of June 30, 2023, will be available in January 2024 with the publication of the Annual Comprehensive Financial Report (ACFR).

The table below summarizes the revenue and expenditure budget adjustments proposed in this staff report. The complete list of adjustments is included and detailed further in this report.

Proposed budget adjustments for Fiscal Year 2022-23
(in millions)
Expenditures
Fund Revenues Operating Capital
General Fund $ 4.00 $ 70.40 $ -
Other Funds $ 122.50 $ 174.60 $ 0.04

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Proposed budget adjustments for Fiscal Year 2023-25
Revenues (in millions)
Fund FY 2023-24 FY 2024-25
General Fund $ (3.76) $ 0.40
Other Funds $ 1.91 $ 0.09
Total All Funds $ (1.85) $ 0.49
(in millions)
FY 2023-24 Expenditures FY 2024-25 Expenditures
Fund Operating Capital Operating Capital
General Fund $ 1.19 $ - $ 0.40 $ -
Other Funds $ 0.74 $ 1.49 $ 0.15 $ -
Total All Funds $ 1.94 $ 1.49 $ 0.55 $ -
This report also includes the following:
• Recommendations to adopt a resolution to revise the City’s master fee schedule to reflect fee adjustments;
• Accepting a grant award from the California Library Literacy Services for implementation of English as a Second Language services at the Library; • Accepting a grant award from the U.S. Department of Justice to support the Services, Treatment & Empowerment Program (STEP) and approving an agreement with Exodus Recovery for STEP services;
• Approving funding agreements with developers and existing businesses that will provide funding to coordinate large-scale development projects; and • Amending the City’s Fiscal Policy to reflect the plan to replenish funds utilized to pay legal settlements and cover COVID-related losses.

Background
On June 28, 2022, the City Council adopted the City of Santa Monica’s FY 2022-23 Budget (Attachment F), the second year of the Biennial Budget first approved in June 2021. The budget was built in an environment of significant economic uncertainty and Total All Funds $ 126.50 $ 245.00 $ 0.04

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reflected no-cost operational adjustments to improve service delivery following the restructuring of operations in response to the COVID-19 pandemic. On April 11, 2023, the City Council approved midyear budget adjustments to the FY 2022-23 Revised Budget, with limited changes focusing on critical restoration of youth programs and budget corrections, given the pending extraordinary liabilities facing the City at the time (Attachment G).

On April 25, 2023, the City Council approved settlements with 124 claimants in the amount of $122.5 million, resolving all then current lawsuits against the City arising out of allegations of sexual abuse by a former City employee and volunteer.

On June 27, 2023, the City Council adopted the FY 2023-25 Biennial Budget (Attachment H). The budget continues to build on the work done in recent years to help our community recover from the COVID-19 emergency as well as make strategic investments to advance the five priority areas Council identified at its workshop on March 11, 2023.

Discussion
This report includes recommended expenditure and revenue adjustments for both FY 2022-23 and FY 2023-24. Budget changes may be made retroactively to FY 2022-23, which ended on June 30, 2023, in order to reflect significant actions that Council took during the final months of the fiscal year. These changes will further be reflected in the City’s financial statements published in the Annual Comprehensive Financial Report (ACFR). Minimal changes are proposed to the FY 2023-24 budget as the Council recently adopted the biennial budget. Instead, necessary changes include the rollover of unspent FY 2022-23 funding to FY 2023-24 to complete key projects that may have been delayed, and to program new funds from grants and other funding sources to key initiatives advancing community priorities. All changes are detailed in the sections below.

FY 2022-23 Operating Budget - Expenditure Adjustments
Staff proposes operating expenditure adjustments to the FY 2022-23 citywide budget

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totaling $245.0 million. These are accounting adjustments between funds representing the payment of a $122.5 million legal settlement related to allegations of sexual abuse by a former employee and volunteer, as approved by City Council on April 25, 2023.

The movement of funds, done through a combination of interfund transfers, direct payments and a revenue change following accounting standards, results in a seemingly higher amount but the net transfer is ultimately $122.5 million. A simpler explanation of the funding sources is below:
• $65.3 million from General Fund reserves
• $6.5 million from the General Fund portion of the Workers’ Compensation Fund • $25 million from the Housing Trust Fund’s General Fund contributions • $5.6 million from the deferral of the FY 2022-23 Measure GSH contribution from the General Fund to the Housing Trust Fund
• $5.1 million from the deferral of the FY 2023-24 Measure GSH contribution from the General Fund to the Housing Trust Fund. Staff has determined that this transfer will be feasible, and has been budgeted in FY 2023-24, reducing the need to include it in the payback plan.
• $15 million from Boeing Gillette settlement funds held in the Water Fund, which is needed for pollution remediation over the long term.

The City is currently in litigation with its excess insurance providers demanding compensation for the settlement payments. Any funds from the insurance providers as well as proceeds from the sale of General Fund-owned properties will be used to replenish the reserves of affected funds, as further detailed in the section and attachment later in this report titled Addition to the City’s Fiscal Policies regarding the plan to replenish funding leveraged to pay for legal settlements and COVID-related losses.

Funding
Source
Department Description FY 2022-23

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Funding
Source
Department Description FY 2022-23
General Fund Non-Departmental Represents the payment from the General Fund to the General Liability
and Automobile Self-Insurance Fund
for the settlement payment of sexual
abuse claims, as approved by City
Council on April 25, 2023. This
transaction is recognized as revenue
to the General Liability and
Automobile Self-Insurance Fund, as
reflected in the revenue adjustments
table below. Those funds were then
used to make the actual claim
payments from that Fund.

This one-time payment from the
General Fund was covered by
drawing down reserves; suspending
a portion of contributions of Measure
GSH funds to affordable housing for
FY 2022-23; transferring funds from
the General Fund portion of the
Housing Trust Fund and Workers’
Compensation Fund; and transferring
unrestricted funds from the Water
Fund.

$122,500,000
General Fund Non-Departmental Represents transfer-in of unrestricted funds from the Water Fund, Housing
Trust Fund and Workers'
Compensation Fund to the General
Fund, for the settlement payment of
sexual abuse claims, as approved by
City Council on April 25, 2023.

(46,500,000)

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Funding
Source
Department Description FY 2022-23
General Fund Non-Departmental Represents a reduction to the contribution of Measure GSH funds
from the General Fund to affordable
housing for FY 2022-23 to cover the
settlement payment for sexual abuse
claims, as approved by City Council
on April 25, 2023.

(5,600,000)
Housing Trust
Fund
Non-Departmental Represents a reduction to the
contribution of Measure GSH funds
from the General Fund to affordable
housing for FY 2022-23 to cover the
settlement payment of sexual abuse
claims, as approved by City Council
on April 25, 2023.

5,600,000
Housing Trust
Fund
Non-Departmental Represents transfer-out of
unrestricted funds from the Housing
Trust Fund to the General Fund for
the settlement payment of sexual
abuse claims, as approved by City
Council on April 25, 2023.

25,000,000
SelfInsurance,
Workers'
Comp
Non-Departmental Represents transfer-out of
unrestricted funds from the Workers'
Compensation Fund to the General
Fund for the settlement payment of
sexual abuse claims, as approved by
City Council on April 25, 2023.

6,500,000
Self –
Insurance
General
Liability and
Auto Fund
Non-Departmental Represents the settlement payment
of sexual abuse claims, as approved
by City Council on April 25, 2023.

The claim payments were processed
from this Fund.
122,500,000

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Funding
Source
Department Description FY 2022-23
Water Fund Non-Departmental Represents transfer-out of
unrestricted funds from the Water
Fund to the General Fund for the
settlement payment of sexual abuse
claims, as approved by City Council
on April 25, 2023.

15,000,000
TOTAL $245,000,000
FY 2022-23 Operating Budget – Revenue Adjustments
Staff proposes a FY 2022-23 revenue adjustment of $126.5 million to the citywide budget to reflect the timing of the $4.0 million receipt of a signing bonus from the digital kiosk franchise, as well as the acceptance of the $122.5 million of settlement funds from the General Fund by the General Liability and Automobile Self Insurance Fund as detailed in the table below.

Funding
Source
Department Description FY 2022-23
General Fund City Manager Represents an adjustment to reflect the actual timing of the receipt of a one-time
signing bonus from the digital kiosk
franchise. The bonus was received in FY
2022-23 but was originally budgeted in FY
2023-24.

$4,000,000
Self –
Insurance
General
Liability and
Auto Fund
NonDepartmentalRepresents the payment of funds from the General Fund for the settlement payment of
sexual abuse claims, as approved by City
Council on April 25, 2023. The claims were
paid from the Comprehensive Self-Insurance
Fund.
122,500,000
TOTAL $126,500,000

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FY 2023-24 Operating Budget - Expenditure Adjustments – All Funds Staff proposes operating expenditure adjustments to the citywide FY 2023-24 Revised Budget totaling approximately $1.9 million, including $1.2 million in the General Fund and $0.7 million in the Other Funds. In addition, staff proposes changes to the citywide FY 2024-25 Approved Budget totaling approximately $552,000, including $399,000 in the General Fund and $153,000 in the Other Funds. The adjustments reflect the reappropriation of unspent funds to FY 2023-24 for projects initiated and funded in FY 2022-23 but not completed prior to the end of the fiscal; and FY 2023-25 adjustments for recent grant awards and projects funded by development fees, transportation impact fees and settlements and judgments obtained from the Consumer Protection Unit. All changes are detailed below.

Reappropriation of FY 2022-23 unspent funds
Funding
Source
Department Description FY 2023-24
General
Fund
City Council Reappropriation of unspent FY 2022-23
Councilmember travel funds to be allocated to FY
2023-24 Council discretionary funds, as approved
by City Council on June 27, 2023.

$9,762
General
Fund
City Manager Reappropriation of the remaining unspent FY 2022-23 funds earmarked to promote Language
Access. The funds will be used for the translation
of many of the City’s customer-facing documents
into Spanish, the interpretation of about 50
community listening sessions in September and
other items as part of the Citywide Equity Plan.

55,120
General
Fund
City Manager Reappropriation of unspent FY 2022-23 funds to cover the one-time cost to upgrade the VoicePrint
system that records Public Safety and 911
Dispatch phone calls in real-time.

114,265

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Funding
Source
Department Description FY 2023-24
General
Fund
City Manager Reappropriation of unspent FY 2022-23 funds to complete an update to the City’s Local Hazard
Mitigation Plan, which is required by the federal
government in order for the City to be eligible for
various disaster mitigation assistance programs.

The contract with the consultant was not executed
until the end of FY 2022-23.

48,500
General
Fund
Finance Reappropriation of unspent FY 2022-23 funds to
fund projects currently in progress, including
business license tax modernization consulting
services, strategic advisory and communication
services for potential ballot measures, disparity
study to inform Diversity Equity and Inclusion in
the City’s procurement practices, and to acquire a
website-based solution to build an online
interactive budget document.

403,860
General
Fund
Housing and
Human
Services
Reappropriation of unspent FY 2022-23 Human
Services Grant Program (HSGP) funds to be
utilized as a one-time flexible funding source to
assist households at imminent risk of
displacement, or awarded via Notice of Funding
Availability to current grantees serving HSGP
Priority Populations.

130,598
General
Fund
Information
Services
Reappropriation of unspent FY 2022-23 funds from
various departments to pay their share of a oneyear renewal of the Cornerstone Learning software platform, which is used to deliver online training
courses to City staff. Also includes funds for
TabletCommand for integration development for
the Public Safety CAD project.

27,051

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Funding
Source
Department Description FY 2023-24
General
Fund
NonDepartmentalReappropriation of unspent FY 2022-23 funds, to cover costs exceeding original budget estimates to
recruit a team of clinicians to adequately staff the
Therapeutic Transport Program. This would be
one-time funding to augment the $400,000 initial
appropriation from CARES Act funding.

64,000
General
Fund
NonDepartmentalReappropriation of unspent FY 2022-23 funds for costs associated with electrical repairs to the
Downtown Santa Monica ice skating rink. This
transaction reflects the payment, in FY 2023-24, of
work initiated in FY 2022-23 but completed in FY
2023-24.

103,000
Airport
Fund
Public Works Reappropriation of unspent FY 2022-23 funds to complete an update to the City’s Local Hazard
Mitigation Plan, which is required by the federal
government in order for the City to be eligible for
various disaster mitigation assistance programs.

28,000
Cemetery
Fund
Public Works Reappropriation of unspent funds earmarked in FY 2022-23 for the purchase of Oddfellow plots. The
purchase was not completed in FY 2022-23 due to
the time required to negotiate the purchase
agreement and the level of property acquisition
expertise required.

$87,500
TOTAL $1,071,656
Adjustments for use of funds from grants and other funding sources Funding
Source
Department Description FTE
FY
2023-24
FY
2024-25

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Funding
Source
Department Description FTE
FY
2023-24
FY
2024-25
General Fund Community
Development
Represents the addition of

1.0 FTE Deputy Director -
Special Projects to lead City
efforts to implement highprofile projects and ensure
that the City's obligations are
completed in a timely and
effective manner. The FY
2023-24 estimated cost is
prorated to 8 months. The
City has secured a
commitment from parties with
developer agreements to fund
the position in its entirety
through completion of the
projects.

1.0 $185,457

$289,402
General Fund Library Reflects the addition of 1.0
limited-term Library Literacy
Program Assistant position to
initiate English as a Second
Language (ESL) services for
the Library. The position
funding comes from annual
grant funds from California
Library Literacy Services
(CLLS) grants awarded to
the Library. The position will
be limited-term for three
years to coincide with the
term of the most recent
$90,000 grant award from the
CLLS.

1.0 90,000

115,200

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Funding
Source
Department Description FTE
FY
2023-24
FY
2024-25
General Fund NonDepartmentalRepresents a transfer-in from the Miscellaneous Grants
Fund to reimburse the
General Fund for the cost of
a 1.0 limited-term Library
Literacy Program Assistant
position funded by the CLLS
funds.

(90,000)

(115,200)
Miscellaneous
Grants Fund
NonDepartmentalRepresents a transfer-out
from the Miscellaneous
Grants Fund to reimburse the
General Fund for the cost of
a 1.0 limited-term Library
Literacy Program Assistant
position funded by the CLLS
funds.

90,000

115,200
General Fund Department of
Transportation
Represents funding for the
costs of adding a
Transportation Management
Coordinator and deleting a
Transportation Management
Specialist, funded by
Transportation Impact Fee
funds in the Special
Revenue Source Fund. The
staffing change will enable
the department to effectively
address mandated policy
work related to changes
parking, transportation, and
housing policies at the
regional and state level.

24,225

37,422

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Funding
Source
Department Description FTE
FY
2023-24
FY
2024-25
General Fund NonDepartmentalRepresents the transfer-in of funds from the Special
Revenue Source Fund to the
General Fund, to cover the
costs of adding a
Transportation Management
Coordinator and deleting a
Transportation Management
Specialist.

(24,225)

(37,422)
Special
Revenue
Source Fund
NonDepartmentalRepresents the transfer-out
of funds from the Special
Revenue Source Fund to the
General Fund, to cover the
costs of adding a
Transportation Management
Coordinator and deleting a
Transportation Management
Specialist.

24,225

37,422
General Fund City Attorney Represents staffing changes
to address ongoing
operational challenges and
align existing duties with job
classifications that are more
appropriate to the legal field,
department operations, and
Council priorities. The FY
2023-24 estimated cost is
prorated to 6 months. The
changes are funded from
settlements and judgments
obtained from the Consumer
Protection Unit.
53,151 109,473

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Funding
Source
Department Description FTE
FY
2023-24
FY
2024-25
Miscellaneous
Grants Fund
City Attorney Represents a grant award
from the U.S. Department of
Justice to further support the
STEP Court which aims to
reduce the number of
individuals experiencing
homelessness in Santa
Monica while also reducing
recidivism and resourceutilization. This grant will fund the agreement with Exodus
Recovery which will help
develop the STEP Court and
deliver services.
514,145
TOTAL 2.0 $866,978 $551,497
FY 2023-25 Operating Budget - Revenue Adjustments – All Funds Staff proposes revenue adjustments resulting in a net reduction of $1.9 million to the citywide FY 2023-24 Revised Budget, primarily from the $4.0 million reduction in the General Fund to reflect the timing of the receipt of the signing bonus for the digital kiosk franchise, which was received in FY 2022-23. The reduction is partially offset by revenue increases from a recent grant award in the Library that is funding a position; revenue from development fees to pay for a position in the Community Development Department; and one time revenue to the Vehicle Management fund reflecting the purchase of replacement vehicles from the Resource Recovery & Recycling Fund and a vehicle in the Fire Department; grant revenue from the U.S. Department of Justice to further support the STEP Court; and funds from settlements and judgments obtained from the Consumer Protection Unit to fund position changes in the City Attorney’s Office. Additionally, staff proposes revenue adjustments to the citywide FY 2024-25 Approved Budget totaling approximately $489,000, including $399,000 in the General

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Fund and $90,000 in other Funds. All changes are detailed below.

Funding
Source
Department(s
)
Description
FY
2023-24
FY
2024-25
General Fund Community
Development
Represents the addition of 1.0 FTE
Deputy Director – Special Projects
to lead City efforts to implement
high-profile projects and ensure
that the City’s obligations are
completed in a timely and effective
manner. The FY 2023-24
estimated cost is prorated to 8
months. The City has secured a
commitment from parties with
developer agreements to fund the
position in its entirety through
completion of the projects.

$185,457

$289,40
2 General Fund City Manager Represents a revenue reduction adjustment to reflect the actual
timing of the receipt of one-time
signing bonus from the digital kiosk
franchise. The bonus was received
in FY 2022-23 but was originally
budgeted in FY 2023-24.

(4,000,000)
General Fund City Attorney Represents revenue from
settlements and judgments
obtained by the Consumer
Protection Unit, to fund staffing
changes in the City Attorney’s
Office as described in the
expenditure changes table above.

53,151

109,473
Miscellaneou
s Grants
Fund
City Attorney Represents a grant award from the
U.S. Department of Justice to
further support the STEP Court
514,145

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Funding
Source
Department(s
)
Description
FY
2023-24
FY
2024-25
which aims to reduce the number
of individuals experiencing
homelessness in Santa Monica
while also reducing recidivism and
resource-utilization. This grant will
fund the agreement with Exodus
Recovery which will help develop
the STEP Court and deliver
services.

Miscellaneou
s Grants
Fund
NonDepartmentalRepresents a transfer-out from the
Miscellaneous Grants Fund to
reimburse the General Fund for the
cost of a 1.0 limited-term Library
Literacy Program Assistant
position. The position will be
funded by grant revenue in the
Miscellaneous Grants Fund from
annual California Library Literacy
Services (CLLS) grants, including
the new $90,000 grant award.

90,000

90,000
Vehicle
Management
Fund
Public Works Reflects one-time revenue related
to a Capital Improvement Program
appropriation to the Vehicle
Management Fund for the
purchase of replacement vehicles
for Resource Recovery &
Recycling and a vehicle for the
new EMS chief.

1,305,291
TOTAL $(1,851,956
)
$488,87
5 FY 2022-23 and FY 2023-24 Capital Improvement Program Budget Adjustments

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Proposed Capital Improvement Program budget adjustments result in a $36,171 impact to the FY 2022-23 budget and approximately $1.5 million increase to the FY 2023-24 budget, as detailed below.

Funding
Source Account Name Description
FY
2022-23
FY
2023-24
Cemetery
Fund
Rooftop Fall
Protection
Reflects funding from the
Cemetery Fund for additional
scope that was needed to
implement the OSHA compliant
fall protection plan for cemetery
facilities.
$36,171 $ -
General
Fund
Fleet Vehicle
Replacement
Program
Reflects budget transfer from the
Fire Apparatus Replacement
project to fund vehicle for EMS
Fire Chief and incorporate into
Vehicle Replacement Program.

62,056
General
Fund
Fire Apparatus
Replacement
Project
Reflects budget transfer from the
Fire Apparatus Replacement
project to fund vehicle for EMS
Battalion Chief and incorporate
into Vehicle Replacement
Program.
(62,056)
Cemetery
Fund
Mausoleum and
Cemetery
Maintenance
Project
Reflects funds for maintenance
projects at the Mausoleum and
Cemetery, including damage
prevention to the historical
artwork and stained-glass
windows.

250,000
Resource
Recovery &
Recycling
Fleet Vehicle
Replacement
Program
Reflects funds for the purchase of
replacement vehicles in Resource
Recovery & Recycling.

1,243,235
Total $36,171 $1,493,235
Personnel Changes

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The combined staffing adjustments in all funds result in a net increase of 2.0 FTE positions in the General Fund. The new positions include a 1.0 FTE limited-term Library Literacy Program Assistant funded by the annual California Library Literacy Services grants and a permanent 1.0 FTE Deputy Director-Special Projects to lead City efforts to implement high-profile projects, funded by developer fees. Attachment C details all staffing adjustments, including add/delete of positions with net zero cost impact, those funded by the reallocation of funds within departments’ current budgets and those covered from settlements and judgments obtained from the Consumer Protection Unit.

Attachments A and B comprise Salary Resolutions detailing new classifications and salary rates.

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Council Discretionary Funds
As is customary at year-end, staff reconciled all unspent balances in previously allocated Council Discretionary Funds. All accounts where programming was completed or the funds were no longer needed had their balances returned to the main Council Discretionary Funds account to be reappropriated for FY 2023-24, as provided in the June 2023 Budget Resolution. With this change, the amount now unprogrammed for FY 2023-24 is $87,920.

City Fee Adjustments
Staff is also presenting minor adjustments to the Master Fee Resolution (Attachment D).

Community Development
City Planning in Exhibit A of the Master Fee Resolution Staff is requesting the addition of the Zoning Conformance Review—Outdoor Commercial Uses on Private Property fee to the Master Fee Resolution that was previously authorized by Resolution 11509 (CCS) on March 14, 2023. This fee was inadvertently omitted from the prior Master Fee resolution and is now being included.

Building and Safety in Exhibit B of the Master Fee Resolution Staff proposes administrative corrections to the fee schedule for the Building and Safety division. The fees were inadvertently included in the 2023 fee schedule. The corrected fees, as reflected in Attachment D, align with a fee study conducted in May 2021, represent full cost recovery, and reflect the City’s current practices.

Staff recommends removing the base fees for:
• Plan review of Interior Demolition exceeding 10,000 square feet (formerly included as $723.51) and
• Combination building permit for Commercial/Industrial – complete building (and attached parking) of more than 10,000 square feet (formerly included as $100.79).

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Specifically, separate base fees should not be collected. The same base fee is collected by the City for interior demolition permits and commercial/industrial permits irrespective of size. These base fees are then supplemented with fees calculated on the square footage of the building at issue.

Staff also recommends removing the following hourly rates for Engineering Report Review and replacing them with “Actual Cost”:
• Seismic Retrofit Plan Review – Consultant (formerly included as $233.30/hr.) and • Seismic Retrofit Peer Review – Consultant (formerly included as $233.30/hr.) The City passes on the actual costs for seismic retrofit plan reviews conducted by a consultant and does not charge an hourly fee.

Department of Transportation
Finance and Administration Services in Exhibit K of the Master Fee Resolution Staff recommends the addition of six new hourly rates for the Finance and Administration Services Division to align with other City event fees and to ensure full cost recovery for labor associated with various community and City events. The work associated with events impacts bus service and transit operations, as well as the ability to deliver reliable service to the public. Staff responsibilities during events may include relocating bus routes; establishing alternative bus routes and temporary bus stops; preparing and disseminating public communications and installing signage for route and bus stop changes; other administrative tasks; and providing road supervision and support for the duration of events.

New Fee Proposed Fee
Accountant II $120.69 per hour
Community Engagement & Customer Experience Manager $181.02 per hour Community Engagement Administrator $133.71 per hour
Motor Coach Operator Supervisor $110.43 per hour
Transportation Marketing Coordinator $106.90 per hour
Transit Operations Superintendent $142.29 per hour
Acceptance of Grant Awards

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Acceptance of English as a Second Language Services Grant The Santa Monica Public Library received a third grant, English as a Second Language Services (ESL), from the California Library Literacy Services (CLLS). The $90,000 award is for FY 2023-24, which begins in year 3 of the 5-year program. The Library will receive comparable amounts in years 4 and 5 (FY 2024-25 and FY 2025-26). These funds, along with the other two existing CLLS grants, Adult Literacy and Family Literacy, will be used to fund a 3-year limited-term Library Literacy Program Assistant position.

ESL services will include one-on-one tutoring and will be another component of the Library’s Literacy Education for Adults & Families (LEAF) program. LEAF is a free program available to all ages and provides a variety of literacy services. This position will assist in the development of this new service and provide ongoing support to learners, tutors and families, and will serve to bridge the gap between all LEAF services.

Acceptance of FY 2023 Justice and Mental Health Collaboration Program Grant The City Attorney’s Office received a grant award of $514,145 from the U.S.

Department of Justice to further support the STEP Court. The goal of STEP Court is to reduce the number of individuals experiencing homelessness in Santa Monica, while also reducing recidivism and resource-utilization. STEP Court will be a prosecutor-led, collaborative diversion court, which will connect qualifying individuals with housing assistance and mental health and/or substance abuse treatment. This grant will help fund the agreement with Exodus Recovery, which will provide resource navigators that will meet with program participants in real time, assisting them in accessing available resources, including but not limited to obtaining identification, mental health and substance abuse treatment, housing voucher applications, and transportation to regional housing authorities.

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Contract Approvals
Exodus Recovery
Staff seeks approval to execute a four-year agreement with Exodus Recovery to support the City’s efforts to reduce homelessness, in an amount not to exceed $1,500,000. Exodus is a regional mental health and substance use service provider and has been working with the City Attorney’s Office to develop the STEP Court and start delivering services. The agreement is funded with various grant funds, including the $514,145 awarded by the U.S. Department of Justice as well as a portion of the HOMEARP funds that the U.S. Department of Housing and Urban Development awarded the City in 2021. The City Attorney’s Office continues to seek additional funding sources for the STEP Court and to ensure the contract with Exodus can accommodate additional sources of funding should they become available in the future, staff recommends a not to exceed amount of $1,500,000.

Previously, on May 9, 2023, as part of the Annual Interdepartmental Update on Addressing Homelessness, the City Council authorized the City Manager to negotiate a 4-year agreement with Exodus Recovery in an amount not-to-exceed $400,000 for the STEP Court. In accordance with the local emergency on homelessness that was declared by the City Council on February 14, 2023, and extended on May 9, 2023, the award was made as an exception to the competitive bidding process pursuant to SMMC Sections 2.24.050(i) and 2.24.240(a). No agreement has been executed to date; therefore, the City Attorney’s Office seeks to execute a new agreement with an increased not-to-exceed amount.

Developer Agreements
Staff seeks approval to execute agreements with developers and existing businesses to provide funding to support the Deputy Director – Special Projects position within the Community Development Department. The Deputy Director – Special Projects position would ensure that high profile projects, primarily development agreements, are completed with minimal delays. The position will create a primary point of contact for staff and applicants, creating increased accountability and comprehensive feedback.

Development agreement projects contribute to maintaining a thriving community

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through significant investment in the city such as affordable and market rate housing, cultural facilities, public art, historic preservation, local hiring programs, internship programs, community meeting space availability, sustainable design features, open space programming, enhanced tax revenues, and development impact fee contributions for affordable lodging, early childhood initiatives, and economic equity/opportunity initiatives.

Addition to the City’s Fiscal Policies regarding the plan to replenish funding leveraged to pay for legal settlements and COVID-related losses
As noted earlier in this report, the General Fund paid the General Liability and Automobile Self Insurance Fund $122.5 million in FY 2022-23 to pay settlements with 124 claimants, resolving all then current lawsuits against the City arising out of allegations of sexual abuse by a former City employee and volunteer. Given the General Fund’s reduced reserve levels, additional available funds were leveraged from other funds, with the intent to replenish the funds over time. In addition, on May 5, 2020, responding to the revenue losses the City was experiencing during the COVID pandemic, Council approved the retention of a portion of the FY 2020-21 Measure GSH contribution from the General Fund to the Housing Trust Fund, in the amount of $5.9 million. During the Budget Adoption Council meeting on June 27, 2023, a motion was passed asking staff to return to Council with a payment plan that would commit the City to replenishing the impacted funds, namely the Housing Trust Fund, Water Fund, and Workers’ Compensation Fund. This is an opportunity to include the deferred FY 2020- 21 Measure GSH amount in the plan as well. The attached (Attachment E) recommended addition to the City’s Fiscal Policies provides the requested plan.

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Past Council Actions
Meeting Date Description
06/28/22
(Attachment F)
Adoption of the Second Year of the FY 2021-23 Biennial Budget, Adoption of the First Year and Approval of the Second Year of the FY 2022-24 Biennial Capital Improvement Program Budget
04/11/23
(Attachment G)
Fiscal Year 2022-23 Midyear Budget
06/27/23
(Attachment H)
Adoption of the First Year and Approval of the Second Year of the FY 2023-25 Biennial Budget
Environmental Review
The proposed budget adjustments for FY 2022-23 and FY 2023-25 are categorically exempt from CEQA pursuant to Section 15061(b)(3) of the CEQA Guidelines. The budget adjustments are covered by the common sense exemption which states that CEQA does not apply, “where it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment.” Therefore, it can be seen with certainty that actions would not result in adverse physical impacts on the environment, and as such, is categorically exempt from CEQA.

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Financial Impacts and Budget Actions
Recommended FY 2022-23 Revised Budget adjustments result in:
• Revenues: $4.0 million increase in the General Fund and $122.5 million increase in all Other Funds, for a combined $126.5 million net increase to the citywide revenue budget.
• Expenditures: Approximately $70.4 million net increase in the General Fund and $174.6 million increase in all Other Funds, for a net combined $245.0 million increase throughout the citywide operating and capital expenditure budget.

Recommended FY 2023-25 Revised Budget adjustments result in:
• Revenues:
o FY 2023-24 - Approximately $3.8 million reduction in the General Fund and $1.9 million increase in all Other Funds, for a combined $1.9 million net reduction to the citywide revenue budget.
o FY 2024-25 - Approximately $0.4 million increase in the General Fund and $0.1 million increase in all Other Funds, for a combined $0.5 million net increase to the citywide revenue budget
• Expenditures:
o FY 2023-24 - Approximately $1.2 million increase in the General Fund and $2.2 million increase in all Other Funds, for a combined $3.4 million increase to citywide operating and capital expenditure budget. o FY 2024-25 - Approximately $0.4 million increase in the General Fund and $0.2 million increase in all Other Funds, for a combined $0.6 million increase to citywide operating expenditure budget.
• FTEs: The combined staffing adjustments result in a net increase of 2.0 permanent FTE positions in the General Fund for FY 2023-25.

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Prepared By: Oscar Santiago, Budget Manager
Approved Forwarded to Council
Attachments:

A. Attachment A-Salary Resolution
B. Attachment B-Salary Resolution
C. Attachment C-Position and Classification Changes
D. Attachment D-Master Fees Resolution
E. E - Fiscal Policy Revision
F. Attachment F-June 28, 2022 Budget Staff Report (Web Link) G. Attachment G-April 11, 2023 Budget Staff Report (Web Link) H. Attachment H-June 27, 2023 Budget Staff Report (Web Link) I. PowerPoint Presentation

11.A
Packet Pg. 569

ATTACHMENT A
City Council Meeting: October 24, 2023 Santa Monica, California RESOLUTION NUMBER ________(CCS)
(City Council Series)

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

ESTABLISHING NEW CLASSIFICATIONS AND ADOPTING SALARY RATES FOR THE FOLLOWING NEW OR EXISTING CLASSIFICATIONS: ADA COORDINATOR,

ASSISTANT DIRECTOR OF TRANSPORTATION, BEACH RECREATION LEADER,

BENEFITS ADMINISTRATOR, CLIENT SERVICES TECHNICIAN, COMMUNITY & CULTURAL SERVICES LEADER, CUSTODIAN II, DEPUTY DIRECTOR – SPECIAL

PROJECTS, DIRECTOR OF TRANSPORTATION, FISCAL SUPPORT ASSISTANT,

LEAD LIBRARY SERVICES OFFICER, LIBRARY SERVICES OFFICER

SUPERVISOR, MAINTENANCE ASSISTANT, POOL LIFEGUARD, AND TRAFFIC CONTROL OFFICER.

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

SECTION 1. The following salary levels are hereby established, effective June 18, 2023, for the indicated as-needed classifications due to changes in the living and minimum wages:

Classification Salary Reason
Beach Recreation Leader $21.21/hour Equity Adjustment
Community & Cultural Services
Leader
$21.21/hour Equity Adjustment
Fiscal Support Assistant $19.73/hour Align with Living Wage Maintenance Assistant $21.33/hour Equity Adjustment
Pool Lifeguard $19.73/hour Align with Living Wage
Traffic Control Officer $19.73/hour Align with Living Wage SECTION 2. The following salary level is hereby established, effective July 2, 2023, for the indicated classification
Classification Salary Reason
ADA Coordinator $125,796/annual New Classification*
SECTION 3. The following salary levels are hereby established, effective November 5, 2023, for the indicated classifications:

11.A.a
Packet Pg. 570 Attachment: Attachment A-Salary Resolution [Revision 1] (5990 : Fiscal Year 2022-23 Year-End Budget Review)

ATTACHMENT A
Classification Salary Reason
Assistant Director of
Transportation
$215,712/annual Title Change
Benefits Administrator $138,420/annual New
Classification
Client Services Technician $88,332/annual Title Change
Custodian II $61,689/annual Equity
Adjustment
Deputy Director – Special
Projects
$196,272/annual Equity
Adjustment
Director of Transportation $266,100/annual Title Change Lead Library Services Officer $74,280/annual New
Classification*
Library Services Officer
Supervisor
$81,708/annual Equity
Adjustment
* Subject to the approval of the new classification by the Personnel Board SECTION 4. The City Clerk shall certify to the adoption of this Resolution, and thenceforth and thereafter the same shall be in full force and effect.

APPROVED AS TO FORM:

Douglas T. Sloan
City Attorney

11.A.a
Packet Pg. 571 Attachment: Attachment A-Salary Resolution [Revision 1] (5990 : Fiscal Year 2022-23 Year-End Budget Review)

ATTACHMENT B
City Council Meeting: October 24, 2023 Santa Monica, California RESOLUTION NUMBER ________(CCS)
(City Council Series)

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

ESTABLISHING NEW CLASSIFICATIONS FOR LEGAL ADMINISTRATIVE SERVICES

OFFICER, SENIOR LEGAL ANALYST-CAO, SENIOR LEGAL ASSISTANT, SENIOR

LEGAL INVESTIGATOR-CAO, AND SENIOR PARALEGAL AND ADOPTING SALARY

RATES FOR SUCH CLASSIFICATIONS

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

SECTION 1. The following salary level is hereby established, effective December 31, 2023, for the indicated permanent classification:

Classification Salary Reason
Legal Administrative Services Officer $155,928/annual; Step 5 New Classification Senior Legal Analyst-CAO $127,692/annual; Step 5 New Classification Senior Legal Assistant $123,204/annual; Step 5 New Classification Senior Legal Investigator-CAO $123,204/annual; Step 5 New Classification Senior Paralegal $123,204/annual; Step 5 New Classification SECTION 2. The City Clerk shall certify to the adoption of this Resolution, and thenceforth and thereafter the same shall be in full force and effect.

APPROVED AS TO FORM:
_________________________
Douglas Sloan, City Attorney

11.A.b
Packet Pg. 572 Attachment: Attachment B-Salary Resolution (5990 : Fiscal Year 2022-23 Year-End Budget Review)

POSITION AND CLASSIFICATION CHANGES

ATTACHMENT C

FUND DEPT FTE POSITION TITLE FUND DEPT FTE POSITION TITLE 01 CMO 1.0 Public Information Coordinator 01 CMO 1.0 Public Information Officer 1 Add/Delete - Results in net zero impact to the General Fund 01 CAO 1.0 Principal Legal Analyst 01 CAO 1.0 Legal Administrative Services Officer 1 Add/Delete - Funded by Consumer Protection Funds 01 CAO 1.0 Investigator - Criminal Division 01 CAO 1.0 Senior Legal Analyst-CAO 1 Add/Delete - Funded by Consumer Protection Funds 01 CAO 1.0 Administrative Analyst-CAO 01 CAO 1.0 Senior Legal Analyst-CAO 1 Add/Delete - Funded by Consumer Protection Funds 01 CAO 1.0 Legal Assistant 01 CAO 1.0 Senior Legal Assistant 1 Add/Delete - Funded by Consumer Protection Funds 01 CAO 1.0 Investigator - Consumer Protection 01 CAO 1.0 Senior Legal Investigator-CAO 1 Add/Delete - Funded by Consumer Protection Funds 01 CAO 1.0 Paralegal 01 CAO 1.0 Senior Paralegal 1 Add/Delete - Funded by Consumer Protection Funds 01 CDD 1.0 Deputy Director - Special Projects Add 1.0 Funded by developer fees 01 Fire 1.0 Principal Administrative Analyst - Fire 01 Fire 1.0 Principal Administrative Analyst Add/Delete - Results in net zero impact 01 HR 1.0 Human Resources Information Systems
Analyst 01 HR 1.0 Senior Human Resources Analyst Add/Delete - Results in net zero impact 01 HR 1.0 Human Resources Analyst 01 HR 1.0 Benefits Administrator 1 Add/Delete - New classification. Results in net zero impact to the General Fund.
01 ISD 1.0 Administrative Staff Assistant 01 ISD 1.0 Administrative Analyst 1 Add/Delete - Results in net zero impact to the General Fund 01 ISD 1.0 Project Portfolio Manager 01 ISD 1.0 Business Process Technology Analyst 1 Add/Delete - Results in net zero impact to the General Fund 01 ISD 1.0 Technology Training Coordinator 01 ISD 1.0 Systems Policy Engineer 1 Add/Delete - Results in net zero impact to the General Fund 01 ISD 4.0 Computer Support Technician II 01 ISD 4.0 Client Services Technician Title Change - Results in net zero impact. 01 Library 1.0 Library Literacy Program Assistant
(limited-term) 2 Add 1.0 Funded by grant(s)
01 Library 1.0 Library Services Officer 01 Library 1.0 Lead Library Services Officer 1, 3 Add/Delete - Results in net zero impact to the General Fund 53 PW 1.0 Pier Maintenance Crew Leader 53 PW 1.0 Pier Maintenance Worker 4 Add/Delete - No budget impact 54 PW 1.0 Resource Recovery & Recycling Supervisor 54 PW 1.0 Resource Recovery & Recycling Crew Leader 5 Add/Delete - No budget impact
54 PW 1.0 Dispatcher 54 PW 1.0 Staff Assistant III 1 Add/Delete - No budget impact 60 DOT 1.0 Director of Department of Transportation 60 DOT 1.0 Director of Transportation Title Change - Results in net zero impact 60 DOT 1.0 Assistant Director of Department of
Transportation 60 DOT 1.0 Assistant Director of Transportation Title Change - Results in net zero impact 01 DOT 1.0 Transportation Management Specialist 01 DOT 1.0 Transportation Management Coordinator 6 Add/Delete - Results in net zero impact to the General Fund PERMANENT EMPLOYEES TOTAL 2.0 FTE
3 Subject to Personnel Board approval.
1 Cost of the position change will be offset by savings and/or the reallocation of budgeted funds within department budgets, resulting in a net zero impact to the budget for FY 2023-25. 2 Limited-term ending June 30, 2026.
4 Position change results in modest savings to the Pier Fund. 6 The increase in cost for the position change will be funded by the Transportation Impact Fee, resulting in a net zero impact to the General Fund. 5 Position change results in modest savings to the Resource Recovery & Recycling Fund.

DELETE ADD

REASON NET FTE

CHANGE NET IMPACT
October 24, 2023

11.A.c
Packet Pg. 573 Attachment: Attachment C-Position and Classification Changes (5990 : Fiscal Year 2022-23 Year-End

ATTACHMENT D
1 City Council Meeting: October 24, 2023 Santa Monica, California

RESOLUTION NUMBER (CCS)
(City Council Series)

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

REVISING THE CITY'S MASTER FEE SCHEDULE TO ESTABLISH AND

REVISE CERTAIN PERMIT AND USER FEES AND CHARGES IN THE COMMUNITY

DEVELOPMENT DEPARTMENT AND DEPARTMENT OF TRANSPORTATION WHEREAS, it is the City of Santa Monica’s (“City”) general policy to charge for the full costs of services provided by City staff (“City’s Cost Recovery Policy”) when such services benefit individual users, rather than members of the community as a whole; and WHEREAS, notwithstanding the City’s Cost Recovery Policy, the City has discounted certain recreational services and other opportunities to individuals to promote equity, inclusion, and other community benefits; and
WHEREAS, the Santa Monica Municipal Code authorizes the City to establish by resolution charges for commercial and other uses of public property; and WHEREAS, the City further makes various recreational facilities, fields, courts, parking lots, swimming pools, rooms, auditoriums, patios, and other locations available for recreational activities and events pursuant to City guidelines; and WHEREAS, it is the City’s policy to establish user charges for those locations so as to promote the use of its limited facilities by this community and by groups working to promote this community’s welfare; and
WHEREAS, the City maintains a Master User Fee Schedule to allow the public to more easily gather information about such fees; and
WHEREAS, on March 14, 2023, the City Council adopted Resolution No. 11509 (CCS) (“Resolution 11509”), which established a fee for zoning conformance review of

11.A.d
Packet Pg. 574 Attachment: Attachment D-Master Fees Resolution [Revision 1] (5990 : Fiscal Year 2022-23 Year-End Budget Review) 2 outdoor commercial uses on private property as authorized by Santa Monica Municipal Code Section 9.31.199, which Council desires to incorporate into the 2023 Master User Fee Schedule; and
WHEREAS, the Department of Transportation provides services to support community and other City events, including by: relocating bus routes, establishing alternative bus routes and temporary bus stops, preparing and disseminating public communications regarding route and bus stop changes, installing signage relating to route and bus stop changes, and other administrative tasks; and WHEREAS, the Master User Fee Schedule was most recently revised on June 27, 2023 (the “2023 Master User Fee Schedule”), when the City Council adopted Resolution Number 11535 (CCS) (“Resolution 11535”); and
WHEREAS, the 2023 Master User Fee Schedule inadvertently referenced additional base fees for interior demolition permits over 10,000 square feet and commercial/industrial permits over 10,000 square feet and additional hourly fees for certain seismic retrofit reviews; and
WHEREAS, the City charges the same respective base fees for interior demolition permits and commercial/industrial permits irrespective of size, which are then supplemented with fees based on the square footage of the building at issue; and WHEREAS, the City Council desires to modify the 2023 Master User Fee Schedule to incorporate the new proposed event fees, remove inadvertently included additional base fees for interior demolition permits over 10,000 square feet and commercial/industrial permits over 10,000 square feet and additional hourly fees for certain seismic retrofit reviews; and to incorporate the existing zoning conformance

11.A.d
Packet Pg. 575 Attachment: Attachment D-Master Fees Resolution [Revision 1] (5990 : Fiscal Year 2022-23 Year-End Budget Review) 3 review fee created by Resolution 11509; and
WHEREAS, the proposed changes to the 2023 Master User Fee Schedule to add new fees (highlighted in green), administratively revise or correct certain fees (highlighted in orange), incorporate existing fees to the Master User Fee Schedule (highlighted in pink), and to delete certain fees that are not currently charged are reflected in the attached Appendix 1; and
WHEREAS, the City Council desires to make minor revisions, including revising fee descriptions to provide additional detail about the type of services provided and other clarifications, miscellaneous corrections, and administrative changes as necessary; and WHEREAS, the new and modified fees in Appendix 1 are consolidated with the existing fees from the 2034 Master User Fee Schedule (collectively, the “Revised 2023 Master User Fee Schedule”) which is attached Appendix 2; and WHEREAS, additional details regarding the changes to the 2023 Master User Fee Schedule are set forth in the accompanying staff report.

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

SECTION 1. The fees for the City Planning Division, including the addition of the existing fee for Zoning Conformance Review: Outdoor Commercial Uses on Private Property, are hereby established as set forth in Exhibit A: Community Development - City Planning Division.

SECTION 2. The fees for the Building and Safety Division are hereby established as set forth in Exhibit B: Community Development – Building and Safety.

SECTION 3. The fees for the Department of Transportation, including the addition

11.A.d
Packet Pg. 576 Attachment: Attachment D-Master Fees Resolution [Revision 1] (5990 : Fiscal Year 2022-23 Year-End Budget Review) 4 of new fees relating to services provided by Acountant II, Community Engagement & Customer Experience Manager, Community Engagement Administrator, Motor Coach Operator Supervisor, Transportation Marketing Coordinator, and Transit Operations Superintendent, are hereby established as set forth in Exhibit C: Department of Transportation - Mobility.

SECTION 4. Commencing on July 1, 2024 and on July 1 of each fiscal year thereafter, all fees reflected in the Revised 2023 Master User Fee Schedule (Appendix 2), as set forth in this Resolution, and unless noted otherwise, shall be administratively revised and increased annually by a factor equal to the net change in City salaries and benefits costs for that fiscal year. Such net change is measured by comparing the total budgeted City salary and benefit costs for the fiscal year in which the change is to become effective to the total budgeted City salary and benefit costs for the prior fiscal year.

Notwithstanding the foregoing, in no event shall the annual administrative revision set forth in this Section 4 be less than zero percent. Notwithstanding the foregoing, in no event shall the annual administrative revision described in this Section 4 apply to any fees and charges established by other agencies or as otherwise may be prohibited by applicable law.

SECTION 5. Minor clarifications and revisions are hereby incorporated to the City’s comprehensive fee schedule to reflect changes in the type of services provided and the personnel providing certain services.

SECTION 6. Charges for the use of community and recreational facilities which are not listed in the master user fee schedule shall be determined by an authorized designee of the Recreation and Arts Department or the Housing and Human Services

11.A.d
Packet Pg. 577 Attachment: Attachment D-Master Fees Resolution [Revision 1] (5990 : Fiscal Year 2022-23 Year-End Budget Review) 5 Department and shall be based upon the costs incurred in providing the facility or program.

SECTION 7. Organizations using City recreational facilities may be charged additional costs beyond those listed in the attached fee schedule when:

1. Use of the facility by any organization requires facility coverage or maintenance beyond that normally provided.

2. Use of the facility results in damage to the facility interior, exterior or its furnishings.

SECTION 8. Unless otherwise provided, for accounts that are not paid by the due date, a late fee of ten percent shall be charged for the first month on any unpaid balance, and an additional late fee of one percent shall be charged on any unpaid balance each month thereafter. The Director of Finance shall have the authority to settle disputes by reducing or waiving amounts due for penalties and interest on delinquent fees if such reduction or waiver serves to promote the City’s fiscal welfare by expeditious payment, enhancing revenue or otherwise.

SECTION 9. All fees established by this Resolution will take effect October 25, 2023, unless otherwise noted.

SECTION 10. Resolution 11509 and Resolution 11535 are hereby repealed in their entirety.

SECTION 11. If there are any conflicts between the fees adopted in this Resolution and fees adopted by any prior resolution or fee schedule, the fees adopted pursuant to this Resolution shall control. If there are any conflicts between the portions of the fee schedule set forth in this Resolution and any prior fee schedule, the portion of the fee

11.A.d
Packet Pg. 578 Attachment: Attachment D-Master Fees Resolution [Revision 1] (5990 : Fiscal Year 2022-23 Year-End Budget Review) 6 schedule attached to this Resolution shall control. This Resolution does not supersede any waivers authorized by any Executive Order of the Director of Emergency Services or by any resolution or ordinance of the City Council.

SECTION 12. The City Clerk shall certify to the adoption of this Resolution and thenceforth and thereafter the same shall be in full force and effect.

APPROVED AS TO FORM:
_________________________
Douglas Sloan, City Attorney

11.A.d
Packet Pg. 579 Attachment: Attachment D-Master Fees Resolution [Revision 1] (5990 : Fiscal Year 2022-23 Year-End Budget Review) APPENDIX 1

EXHIBITS A, B & K
Attachment D, Appendix 1

11.A.d
Packet Pg. 580 Attachment: Attachment D-Master Fees Resolution [Revision 1] (5990 : Fiscal Year 2022-23 Year-End Budget Review) Exhibit A: Community Development - City Planning Division Service FY 2023-24
Fee Comments
Administrative Approval: Non-Downtown $5,224.52
Administrative Approval: Non-Downtown Housing Project $10,337.23 Downtown Administrative Approval: Non-residential Projects up to 10,000 sf $5,224.52 Downtown Administrative Approval: Housing Project up to 75,000 sf $10,337.23 Alcohol Exemption $862.05
Appeal - Planning Permit and Noise Variance $636.86
Architectural Review Board – Board Review (New Construction) $11,150.69 Architectural Review Board – Board Review (Building Design Alterations and Modifications/Additions/R1)
$5,243.10
Architectural Review Board - Board Review (Landscaping) $2,764.44 Architectural Review Board - Sign Adjustment $2,348.25
Architectural Review Board – Administrative Design Approval (All Others) $1,006.39 Architectural Review Board – Administrative Design Approval (Single Trade) Waived Architectural Review Board – Administrative Design Approval (New Construction) $4,942.56 Certificate of Appropriateness - Staff Approval Waived
Certificate of Appropriateness - Landmarks Commission Waived Certificate of Administrative Approval Waived
Certificate of Compliance $2,781.03
Certificate of Economic Hardship $12,548.17
Coastal Zone Approval In Concept $167.73
Conditional Use Permit - All Others $16,667.46
Conditional Use Permit - Alcohol $8,374.10
Deed Restriction $1,852.50
Demolition Permits11 $1,441.22 plus actual historic consultant costs and applicable processing fee if
application for designation as a
Landmark or Structure of Merit is filed;
see footnote 11
Development Agreement (per hour-charged against an initial deposit of $50,000) $264.66 Development Review $28,490.99
Fence, Wall Hedge Height mod. (Discretionary) $2,901.10 Fence, Wall, Hedge Height mod. (Administrative) $1,010.31 Final Map $1,270.40
General Plan Amendment $33,241.95
Historic District Designation11 $2,215.90 plus actual historic consultant costs; see footnote 11
Landmark Designation11 $1,171.87 plus actual historic consultant costs; see footnote 11
Planning Lot Line Adjustment $2,781.03
Major Modification $6,716.24
Minor Modification $1,758.06
Minor Use Permit $5,131.28
Multiple Applications 100% Initial, 50%
thereafter
Occupancy Permit $1,868.43
Permit Extension - Administrative $335.46
Presubmittals $1,789.13
SB330 Preliminary Application $330.30
SB 9 Conformance Review $1,360.00
Shared Parking Permit $2,571.89
Structure of Merit11 $1,104.91 plus actual historic consultant costs; see footnote 11
Temporary Use Permit - All Others $1,062.89
Temporary Use Permit - Sales $455.75
Temporary Use Permit - Repeat Event $455.75
Tentative Map $5,448.16
Text Amendment Zone Change $33,241.95
Variance Application (including noise) $19,058.94
Waiver of Parcel Map $3,140.28
Waiver - Zoning Ordinance $6,584.96
Zoning Conf Review: Alcohol Determination $523.38
1 of 2

11.A.d
Packet Pg. 581 Attachment: Attachment D-Master Fees Resolution [Revision 1] (5990 : Fiscal Year 2022-23 Year-End Budget Review) Exhibit A: Community Development - City Planning Division Service FY 2023-24
Fee Comments
Outdoor Dining - With no Barriers $447.28
Outdoor Dining - With Barriers $447.28
Zoning Conf Review: Zoning Compliance Letter $1,341.85
Zoning Conf Review: Outdoor Commercial Uses on Private Property $433.32 6409 Review - Telecom $1,140.42
General Plan Surcharge 7.3% of Permit
Business License Planning Review $101.18
Business License Planning Review: Home Occupation $50.59 Environmental Exemptions - Class 32 $19,265.63
Environmental Exemptions - TPP/Class 31 $4,281.24
Mitigated Negative Declaration - Negative Declaration $72,518.90 Environmental Noticing $3,657.63
Environmental Impact Report Review (per hour, deposit of 37% of consultant contract) $371.20 Traffic Study - Without Model Run $36,961.01
Traffic Study - With Model Run $73,922.01
Mailing Label $159.75
Planning Plan Check, per plan (3 reviews) $1,098.68
Planning Plan Check, per hour (after three reviews) $223.64 Planning Plan Check, per hour - plan revisions, restamping plans, and permit renewals $223.64 Planning Plan Check, per hour, plan checks not otherwise classified $223.64 Planning Plan Check, over the counter $111.82
Travel Demand Forecasting Model (TDFM) 2.5% of Permit
Local Coastal Program Surcharge 0.65% of Permit
in the Coastal
Zone
Mills Act Contract Waived
NOTES

1. Planning fees are waived for Large Family Daycare and Child Care Center.

2. Affordable Housing Projects as defined by Zoning Ordinances are exempt.

9. All Certificate of Appropriateness fees for any alteration, restoration, or construction, in whole or in part, to a designated landmark or to

10. Permit fees related to Downtown Santa Monica, Inc's (DTSM) delivery of contracted services are waived per Council approval dated July 12, 2016.

11. If an application is filed to designate a property that is 40 years of age or older as a Landmark or Structure of Merit, while a demolition permit application is pending, the applicant for the Demolition Permit shall bear the actual costs of any historic consultant analyis and the applicable Landmark Designation or Structure of Merit application processing fee. The application processing fee for Landmark Designation and Structure of Merit shall be waived for Landmarks Commissioners and nonprofit organizations with documented tax‐exempt status.

3. In the case of projects requiring multiple permit applications that may be approved by the same entity, the fee for the highest permit shall be

4. Non-administrative permit extensions shall be charged 50% of the full application fee for the permit to be extended.

5. Applications for ARB review of buildings, which include proposed signage and/or landscaping, shall be charged for the building review fee only.

6. A re-submittal for ARB approval of a design change shall be processed with no fee charged unless a building permit has been issued for the

7. Application fee refunds for withdrawn projects shall be processed as follows:

8. All planning fees for Administrative Approval applications shall be waived for designated landmark structures and structures identified as 2 of 2

11.A.d
Packet Pg. 582 Attachment: Attachment D-Master Fees Resolution [Revision 1] (5990 : Fiscal Year 2022-23 Year-End Budget Review) Exhibit B - Community Development - Building and Safety Service FY 2023-24
Base Fee
FY 2023-24
Unit
FY 2023-24
Additional Fee2

ARCHITECTURAL AND STRUCTURAL PLAN REVIEW
Presubmittal Review
First Two Hours $ 676.93
Over The Counter / Same-Day Review PC
Standard-up to two reviews $ 651.85
Formal Plan Review: New Buildings and Accessory Structures One and Two Family Dwellings - main & accessory buildings $ 696.96 $ 1.5485 Apartments, Condominiums and Hotels (and attached parking) $ 798.81 $ 1.5243 Commercial/Industrial- complete building (and attached parking) 1st 10,000 square feet $ 791.30 $ 1.9901
Additional 10,000 square feet $ 0.5544
Commercial/Industrial- shell only (including freestanding garage structures) 1st 10,000 square feet $ 692.66 $ 1.1179
Additional 10,000 square feet $ 0.5039
Any projects of 4 stories or more additional 5%
Formal Plan Review: Additions and Alterations
Residential Remodel and Additions- main & accessory bldgs. $ 760.21 $ 2.0396 Commercial Tenant Improvements
0 - 10,000 square feet $ 688.38 $ 0.7404
Additional 10,000 square feet $ 0.6551
Interior Demolition
0 - 10,000 square feet $ 488.94 $ 0.0876
Additional 10,000 square feet $ 0.0696

MECHANICAL PLAN REVIEW
Presubmittal Review $ 351.16
Over The Counter / Same-Day Review PC
Standard-up to two reviews $ 351.16
Formal Plan Review
Standard-up to three reviews $ 908.24

ELECTRICAL PLAN REVIEW
Presubmittal Review $ 482.34
Over The Counter / Same-Day Review PC
Standard-up to two reviews $ 482.34
Formal Plan Review
Standard-up to three reviews $ 1,170.61

PLUMBING PLAN REVIEW
Presubmittal Review $ 351.16
Over The Counter / Same-Day Review PC
Standard-up to two reviews $ 351.16
Formal Plan Review
Standard-up to three reviews $ 908.24

MISCELLANEOUS PLAN REVIEW FEES
Deferred Submittals $ 1,267.97
Demolition $ 259.45
Means and Methods Plan formal review $ 526.17
Construction Management Plan review $ 1,797.12
Planning Application Review - with or without Presubmittal Review $ 328.86 Minimum Plan Review fee $ 1,332.83
Plan Review Not Otherwise Classified
General hourly rate and excessive plan reviews (more than 2 OTC or 3 formal) $ 293.49

COMBINATION BUILDING PERMITS
One and Two Family Dwellings $ 146.89 $ 1.5056
Apartments, Condominiums and Hotels (and attached parking) $ 145.82 $ 1.2232 Commercial/Industrial - complete building (and attached parking) 1st 10,000 square feet $ 139.39 $ 1.4217
Additional 10,000 square feet $ 0.6467
Commercial/Industrial- shell only (including freestanding garage structures) 1st 10,000 square feet $ 147.96 $ 0.9470
Additional 10,000 square feet $ 0.6286
Residential Remodel and Additions- main & accessory bldgs. $ 209.08 $ 2.0653 Commercial Tenant Improvements
0 - 10,000 square feet $ 179.21 $ 0.5203
Additional 10,000 square feet $ 0.3722
Interior Demolition
0 - 10,000 square feet $ 262.69 $ 0.1321
Additional 10,000 square feet $ 0.0526
Any project of 4 stories or more additional 5%

SINGLE TRADE PERMITS
Residential - 3 inspections max $ 398.76
Additional Inspections- each $ 131.67
All others (Commercial, Demolition, etc.)- 3 inspections max $ 398.76 Additional Inspections- each $ 131.67

AFTER HOURS PERMITS
Review of Application $ 480.83
Inspections- per hour (2 hour minimum) $ 292.66

MISCELLANEOUS INSPECTIONS
Inspections Not Otherwise Classified - each hour or fraction thereof $ 292.66 Reinspection Fee:

B - 1

11.A.d
Packet Pg. 583 Attachment: Attachment D-Master Fees Resolution [Revision 1] (5990 : Fiscal Year 2022-23 Year-End Budget Review) Exhibit B - Community Development - Building and Safety Service FY 2023-24
Base Fee
FY 2023-24
Unit
FY 2023-24
Additional Fee2
Combination Building Permit $ 266.55
Single Trade Permit- Residential $ 164.11
Single Trade Permit- All Others $ 164.11
Minimum Inspection Fee - all permits except Single Trade $ 471.38

MISCELLANEOUS FEES
Address Assignment Fee $ 436.60
Temporary Certificate of Occupancy $ 484.21
Change of Record on a Permit:

Single Trade Permit (Residential only) $ 64.85
All Other Permit Types $ 64.85
Engineering Report Review
Seismic Retrofit Report Review $ 410.63
plus $287.32 per
hour
Seismic Retrofit Plan Review $ 410.63
plus $242.79 per
hour
Seismic Retrofit Plan Review - Consultant** Actual Cost Actual Costs/Per
Hour
Seismic Retrofit Permit $ 36.78
plus $242.63 per
hour
Seismic Retrofit Peer Review $ 252.13
plus $233.45 per
hour
Seismic Retrofit Peer Review - Consultant** Actual Cost Actual Costs/Per
Hour
Alternate Methods of Construction:

Premanufactured Products $ 1,225.19
Field Constructed $ 2,444.76
Geotechnical Reports:

Addendum to Original Soils Report $ 1,182.56
As Built Compaction Reports $ 1,771.94
Fault Trench $ 5,173.08
Building/Shoring Plan Review $ 1,318.25
Commercial/Mixed Use/ Apts (4 stories or more including subterranean garage) $ 3,269.26 Standard Reviews and All Others not listed above $ 2,523.83 Sound Attenuation $ 671.21
Energy Compliance- Title 24, Part 6 C.E.C. $ 665.90
Green Building Code Compliance - Title 24, Part 11 10% of plan check Extension Fees
To Start Construction $ 490.48
To Resume or Complete Construction $ 549.03
To Start Construction- Single Trade Residential $ 261.56 To Resume or Complete Construction- Single Trade Residential $ 261.56 License Fees
Special Inspector License - Qualification Review $ 487.25 Fabricator License - Qualification Review $ 487.25
Miscellaneous Reviews
Building and Safety Appeal $ 2,857.42
Accessibility Hardship Exemption $ 921.47
Review and Approval of Testing Lab $ 1,074.50
Modification of Technical Code:

No Administrative hearing- Staff Approval- each main code issue $ 1,317.86 Administrative hearing- Building Officer- project basis $ 2,351.89 Record Fees
Residential Building Record $ 324.31
Approved Plans and Permits (Bonded Copies) Actual Cost
Application Processing $ 173.49
Maintenance of Permit and Plan Documents (Tech. Enhancement Fee) 13% of permit Renewal Fees
Expired Plan Review - Formal
Plan Check Extension and Renewal Application Processing Only $ 477.46 Any Others $ 477.46
Permit Renewals
No Inspection 100% of permit
Rough Inspection 50% of pmt
Final Inspection 20% of permit
Replacement Card
Replacement I Single Trade $ 64.85
Replacement I All Others $ 64.85
Mobile Home Parks $ 270.78
Investigation Fee For Work Without a Permit Actual Cost

REFUNDS
Issuance Fees no refunds
Plan Review
Presubmittal Review no refunds
OTC / Same-Day Review no refunds
Formal Plan Review
First review not started 80% of fees
B - 2

11.A.d
Packet Pg. 584 Attachment: Attachment D-Master Fees Resolution [Revision 1] (5990 : Fiscal Year 2022-23 Year-End Budget Review) Exhibit B - Community Development - Building and Safety Service FY 2023-24
Base Fee
FY 2023-24
Unit
FY 2023-24
Additional Fee2
First review started and up to completion of first round of review 50% of fees Second review started and up to completion of second round of review no refunds Engineering Reports
First review not started 80% of fees
First review started and up to completion of first round of review 50% of fees Second review started and up to completion of second round of review no refunds Inspection Fees
Construction work not yet started 80% of fees
Construction work started - Based on percentage of incomplete construction % of fees Solar Energy System Review Fees
Residential
Photovoltaic (solar energy system) 15kW or less* $ 450.00 Photovoltaic (solar energy system) more than 15kW (plus $15 per kw above 15kW)* $ 450.00 Solar Thermal 10kW or less* $ 450.00
Solar Thermal more than 10kW (plus $15 per kw above 10kW)* $ 450.00 Commercial
Photovoltaic (solar energy system) 50kW or less* $ 1,000.00 Photovoltaic (solar energy system) more than 50kW and up to 250kW (plus $7 per kw ab $ 1,000.00 Photovoltaic (solar energy system) more than 250kW (plus $5 per kw above 250kW)* $ 2,400.00 Solar Thermal 30kW or less* $ 1,000.00
Solar Thermal more than 30kW and up to 260kW (plus $7 per kw above 30kW)* $ 1,000.00 Solar Thermal more than 260kW (plus $5 per kw above 260kW)* $ 2,610.00 Subsidies
Single Trade Permits - Residential Only
Total fees shall be reduced by 50% to encourage citizens to obtain permits for simple work that benefits from safety inspections 50% of fees

WAIVERS
A. Inspection of Small or Large Family Day Care for State Social Services Licenses.

NOTES

1. Total fees for each separate payment transaction may be rounded to the nearest full dollar. *Fees are not subject to the annual administrative revision and increase; the amounts are established by state law.

2. Permit fees related to Downtown Santa Monica, Inc's (DTSM) delivery of contracted services are waived per Council approval dated July 12, 2016.
**Seismic Retrofit Plan Check and Seismic Retrofit Peer Review Fees for consulting services will apply for non-soft story projects and or other projects based upon objective criteria on file with the Building and Safety Division.

No fees are charged for Building and Safety services on the following uses except for plan reviews exceeding three rounds of review, reinspections, extensions, and renewals.

B. Voluntary installation (i.e. not required by code) of electric vehicle charging equipment, solar photovoltaic systems, solar thermal heating systems, solar pool heating equipment, grey water systems, and any associated electrical service or panel upgrades dedicated to only serve the qualifying equipment.

B - 3

11.A.d
Packet Pg. 585 Attachment: Attachment D-Master Fees Resolution [Revision 1] (5990 : Fiscal Year 2022-23 Year-End Budget Review) Exhibit K: Miscellaneous
Service FY 2023-24
Fee
Returned Check Processing Fee (First NSF)1 $ 25.00
Returned Check Processing Fee (Subsequent NSF)1 $ 35.00 Returned Check Processing Fee (License Fees)1 $ 10.00
Tobacco Retailer License2
Moving Bus Stop $ 739.07
Duplicate Licenses1 $ 10.00
Performance Permit1 $ 37.00
Replacement of a Performance Permit1 $ 37.00
Pkg Citation Payment Plan - Enrollment Fee (Indigent)1 $ 5.00 Pkg Citation Payment Plan - Late Fee (Indigent)1 $ 5.00 Pkg Citation Payment Plan – Enrollment Fee (General Public)1 $ 25.00 Event Permit - Parking Manager $ 612.75
Event Permit - Parking Operations Specialist $ 310.38
Event Permit - Customer Service Supervisor $ 295.19
Parking Meter Pole Removal and or Installation $ 662.24 Parking Meter Head Removal and or Installation $ 399.76 Hourly Rate: Parking Manager $ 612.75
Hourly Rate: Principal Administrative Analyst $ 438.61
Hourly Rate: Parking Operations Specialist $ 310.38
Hourly Rate: Customer Service Supervisor $ 295.19
Hourly Rate: Parking Permits Assistant $ 220.59
Hourly Rate: Community Engagement & Customer Experience Manager $ 181.02 Hourly Rate: Community Engagement Administrator $ 133.71 Hourly Rate: Transportation Marketing Coordinator $ 106.90 Hourly Rate: Accountant II $ 120.69
Hourly Rate: Motor Coach Operator Supervisor $ 110.43
Hourly Rate: Transit Operations Superintendent $ 142.29 Notes
1 Fees not subject to the City's annual administrative revision and increase. 2 The Tobacco Retailer License fee has been suspended until June 30, 2026 to lessen the burden on retailers during the pandemic and to review the ongoing costs of the program in light of existing and future grants. The fee will be in force automatically on July 1, 2026.

K-1

11.A.d
Packet Pg. 586 Attachment: Attachment D-Master Fees Resolution [Revision 1] (5990 : Fiscal Year 2022-23 Year-End Budget Review) Attachment D, Appendix 2
Revised Master User
Fee Schedule
FY 2023-24

11.A.d
Packet Pg. 587 Attachment: Attachment D-Master Fees Resolution [Revision 1] (5990 : Fiscal Year 2022-23 Year-End Budget Review) Exhibit A: Community Development - City Planning Division Service FY 2023-24
Fee Comments
Administrative Approval: Non-Downtown $5,224.52
Administrative Approval: Non-Downtown Housing Project $10,337.23 Downtown Administrative Approval: Non-residential Projects up to 10,000 sf $5,224.52 Downtown Administrative Approval: Housing Project up to 75,000 sf $10,337.23 Alcohol Exemption $862.05
Appeal - Planning Permit and Noise Variance $636.86
Architectural Review Board – Board Review (New Construction) $11,150.69 Architectural Review Board – Board Review (Building Design Alterations and Modifications/Additions/R1)
$5,243.10
Architectural Review Board - Board Review (Landscaping) $2,764.44 Architectural Review Board - Sign Adjustment $2,348.25
Architectural Review Board – Administrative Design Approval (All Others) $1,006.39 Architectural Review Board – Administrative Design Approval (Single Trade) Waived Architectural Review Board – Administrative Design Approval (New Construction) $4,942.56 Certificate of Appropriateness - Staff Approval Waived
Certificate of Appropriateness - Landmarks Commission Waived Certificate of Administrative Approval Waived
Certificate of Compliance $2,781.03
Certificate of Economic Hardship $12,548.17
Coastal Zone Approval In Concept $167.73
Conditional Use Permit - All Others $16,667.46
Conditional Use Permit - Alcohol $8,374.10
Deed Restriction $1,852.50
Demolition Permits11 $1,441.22 plus actual historic consultant costs and applicable processing fee if
application for designation as a
Landmark or Structure of Merit is filed;
see footnote 11
Development Agreement (per hour-charged against an initial deposit of $50,000) $264.66 Development Review $28,490.99
Fence, Wall Hedge Height mod. (Discretionary) $2,901.10 Fence, Wall, Hedge Height mod. (Administrative) $1,010.31 Final Map $1,270.40
General Plan Amendment $33,241.95
Historic District Designation11 $2,215.90 plus actual historic consultant costs; see footnote 11
Landmark Designation11 $1,171.87 plus actual historic consultant costs; see footnote 11
Planning Lot Line Adjustment $2,781.03
Major Modification $6,716.24
Minor Modification $1,758.06
Minor Use Permit $5,131.28
Multiple Applications 100% Initial, 50%
thereafter
Occupancy Permit $1,868.43
Permit Extension - Administrative $335.46
Presubmittals $1,789.13
SB330 Preliminary Application $330.30
SB 9 Conformance Review $1,360.00
Shared Parking Permit $2,571.89
Structure of Merit11 $1,104.91 plus actual historic consultant costs; see footnote 11
Temporary Use Permit - All Others $1,062.89
Temporary Use Permit - Sales $455.75
Temporary Use Permit - Repeat Event $455.75
Tentative Map $5,448.16
Text Amendment Zone Change $33,241.95
Variance Application (including noise) $19,058.94
Waiver of Parcel Map $3,140.28
Waiver - Zoning Ordinance $6,584.96
Zoning Conf Review: Alcohol Determination $523.38
1 of 2

11.A.d
Packet Pg. 588 Attachment: Attachment D-Master Fees Resolution [Revision 1] (5990 : Fiscal Year 2022-23 Year-End Budget Review) Exhibit A: Community Development - City Planning Division Service FY 2023-24
Fee Comments
Outdoor Dining - With no Barriers $447.28
Outdoor Dining - With Barriers $447.28
Zoning Conf Review: Zoning Compliance Letter $1,341.85
Zoning Conf Review: Outdoor Commercial Uses on Private Property $433.32 6409 Review - Telecom $1,140.42
General Plan Surcharge 7.3% of Permit
Business License Planning Review $101.18
Business License Planning Review: Home Occupation $50.59 Environmental Exemptions - Class 32 $19,265.63
Environmental Exemptions - TPP/Class 31 $4,281.24
Mitigated Negative Declaration - Negative Declaration $72,518.90 Environmental Noticing $3,657.63
Environmental Impact Report Review (per hour, deposit of 37% of consultant contract) $371.20 Traffic Study - Without Model Run $36,961.01
Traffic Study - With Model Run $73,922.01
Mailing Label $159.75
Planning Plan Check, per plan (3 reviews) $1,098.68
Planning Plan Check, per hour (after three reviews) $223.64 Planning Plan Check, per hour - plan revisions, restamping plans, and permit renewals $223.64 Planning Plan Check, per hour, plan checks not otherwise classified $223.64 Planning Plan Check, over the counter $111.82
Travel Demand Forecasting Model (TDFM) 2.5% of Permit
Local Coastal Program Surcharge 0.65% of Permit
in the Coastal
Zone
Mills Act Contract Waived
NOTES

1. Planning fees are waived for Large Family Daycare and Child Care Center.

2. Affordable Housing Projects as defined by Zoning Ordinances are exempt.

9. All Certificate of Appropriateness fees for any alteration, restoration, or construction, in whole or in part, to a designated landmark or to

10. Permit fees related to Downtown Santa Monica, Inc's (DTSM) delivery of contracted services are waived per Council approval dated July 12, 2016.

11. If an application is filed to designate a property that is 40 years of age or older as a Landmark or Structure of Merit, while a demolition permit application is pending, the applicant for the Demolition Permit shall bear the actual costs of any historic consultant analyis and the applicable Landmark Designation or Structure of Merit application processing fee. The application processing fee for Landmark Designation and Structure of Merit shall be waived for Landmarks Commissioners and nonprofit organizations with documented tax‐exempt status.

3. In the case of projects requiring multiple permit applications that may be approved by the same entity, the fee for the highest permit shall be

4. Non-administrative permit extensions shall be charged 50% of the full application fee for the permit to be extended.

5. Applications for ARB review of buildings, which include proposed signage and/or landscaping, shall be charged for the building review fee only.

6. A re-submittal for ARB approval of a design change shall be processed with no fee charged unless a building permit has been issued for the

7. Application fee refunds for withdrawn projects shall be processed as follows:

8. All planning fees for Administrative Approval applications shall be waived for designated landmark structures and structures identified as 2 of 2

11.A.d
Packet Pg. 589 Attachment: Attachment D-Master Fees Resolution [Revision 1] (5990 : Fiscal Year 2022-23 Year-End Budget Review) Exhibit B - Community Development - Building and Safety Service FY 2023-24
Base Fee
FY 2023-24
Unit
FY 2023-24
Additional Fee2

ARCHITECTURAL AND STRUCTURAL PLAN REVIEW
Presubmittal Review
First Two Hours $ 676.93
Over The Counter / Same-Day Review PC
Standard-up to two reviews $ 651.85
Formal Plan Review: New Buildings and Accessory Structures One and Two Family Dwellings - main & accessory buildings $ 696.96 $ 1.5485 Apartments, Condominiums and Hotels (and attached parking) $ 798.81 $ 1.5243 Commercial/Industrial- complete building (and attached parking) 1st 10,000 square feet $ 791.30 $ 1.9901
Additional 10,000 square feet $ 0.5544
Commercial/Industrial- shell only (including freestanding garage structures) 1st 10,000 square feet $ 692.66 $ 1.1179
Additional 10,000 square feet $ 0.5039
Any projects of 4 stories or more additional 5%
Formal Plan Review: Additions and Alterations
Residential Remodel and Additions- main & accessory bldgs. $ 760.21 $ 2.0396 Commercial Tenant Improvements
0 - 10,000 square feet $ 688.38 $ 0.7404
Additional 10,000 square feet $ 0.6551
Interior Demolition
0 - 10,000 square feet $ 488.94 $ 0.0876
Additional 10,000 square feet $ 0.0696

MECHANICAL PLAN REVIEW
Presubmittal Review $ 351.16
Over The Counter / Same-Day Review PC
Standard-up to two reviews $ 351.16
Formal Plan Review
Standard-up to three reviews $ 908.24

ELECTRICAL PLAN REVIEW
Presubmittal Review $ 482.34
Over The Counter / Same-Day Review PC
Standard-up to two reviews $ 482.34
Formal Plan Review
Standard-up to three reviews $ 1,170.61

PLUMBING PLAN REVIEW
Presubmittal Review $ 351.16
Over The Counter / Same-Day Review PC
Standard-up to two reviews $ 351.16
Formal Plan Review
Standard-up to three reviews $ 908.24

MISCELLANEOUS PLAN REVIEW FEES
Deferred Submittals $ 1,267.97
Demolition $ 259.45
Means and Methods Plan formal review $ 526.17
Construction Management Plan review $ 1,797.12
Planning Application Review - with or without Presubmittal Review $ 328.86 Minimum Plan Review fee $ 1,332.83
Plan Review Not Otherwise Classified
General hourly rate and excessive plan reviews (more than 2 OTC or 3 formal) $ 293.49

COMBINATION BUILDING PERMITS
One and Two Family Dwellings $ 146.89 $ 1.5056
Apartments, Condominiums and Hotels (and attached parking) $ 145.82 $ 1.2232 Commercial/Industrial - complete building (and attached parking) 1st 10,000 square feet $ 139.39 $ 1.4217
Additional 10,000 square feet $ 0.6467
Commercial/Industrial- shell only (including freestanding garage structures) 1st 10,000 square feet $ 147.96 $ 0.9470
Additional 10,000 square feet $ 0.6286
Residential Remodel and Additions- main & accessory bldgs. $ 209.08 $ 2.0653 Commercial Tenant Improvements
0 - 10,000 square feet $ 179.21 $ 0.5203
Additional 10,000 square feet $ 0.3722
Interior Demolition
0 - 10,000 square feet $ 262.69 $ 0.1321
Additional 10,000 square feet $ 0.0526
Any project of 4 stories or more additional 5%

SINGLE TRADE PERMITS
Residential - 3 inspections max $ 398.76
Additional Inspections- each $ 131.67
All others (Commercial, Demolition, etc.)- 3 inspections max $ 398.76 Additional Inspections- each $ 131.67

AFTER HOURS PERMITS
Review of Application $ 480.83
Inspections- per hour (2 hour minimum) $ 292.66

MISCELLANEOUS INSPECTIONS
Inspections Not Otherwise Classified - each hour or fraction thereof $ 292.66 Reinspection Fee:

B - 1

11.A.d
Packet Pg. 590 Attachment: Attachment D-Master Fees Resolution [Revision 1] (5990 : Fiscal Year 2022-23 Year-End Budget Review) Exhibit B - Community Development - Building and Safety Service FY 2023-24
Base Fee
FY 2023-24
Unit
FY 2023-24
Additional Fee2
Combination Building Permit $ 266.55
Single Trade Permit- Residential $ 164.11
Single Trade Permit- All Others $ 164.11
Minimum Inspection Fee - all permits except Single Trade $ 471.38

MISCELLANEOUS FEES
Address Assignment Fee $ 436.60
Temporary Certificate of Occupancy $ 484.21
Change of Record on a Permit:

Single Trade Permit (Residential only) $ 64.85
All Other Permit Types $ 64.85
Engineering Report Review
Seismic Retrofit Report Review $ 410.63
plus $287.32 per
hour
Seismic Retrofit Plan Review $ 410.63
plus $242.79 per
hour
Seismic Retrofit Plan Review - Consultant** Actual Cost Actual Costs/Per
Hour
Seismic Retrofit Permit $ 36.78
plus $242.63 per
hour
Seismic Retrofit Peer Review $ 252.13
plus $233.45 per
hour
Seismic Retrofit Peer Review - Consultant** Actual Cost Actual Costs/Per
Hour
Alternate Methods of Construction:

Premanufactured Products $ 1,225.19
Field Constructed $ 2,444.76
Geotechnical Reports:

Addendum to Original Soils Report $ 1,182.56
As Built Compaction Reports $ 1,771.94
Fault Trench $ 5,173.08
Building/Shoring Plan Review $ 1,318.25
Commercial/Mixed Use/ Apts (4 stories or more including subterranean garage) $ 3,269.26 Standard Reviews and All Others not listed above $ 2,523.83 Sound Attenuation $ 671.21
Energy Compliance- Title 24, Part 6 C.E.C. $ 665.90
Green Building Code Compliance - Title 24, Part 11 10% of plan check Extension Fees
To Start Construction $ 490.48
To Resume or Complete Construction $ 549.03
To Start Construction- Single Trade Residential $ 261.56 To Resume or Complete Construction- Single Trade Residential $ 261.56 License Fees
Special Inspector License - Qualification Review $ 487.25 Fabricator License - Qualification Review $ 487.25
Miscellaneous Reviews
Building and Safety Appeal $ 2,857.42
Accessibility Hardship Exemption $ 921.47
Review and Approval of Testing Lab $ 1,074.50
Modification of Technical Code:

No Administrative hearing- Staff Approval- each main code issue $ 1,317.86 Administrative hearing- Building Officer- project basis $ 2,351.89 Record Fees
Residential Building Record $ 324.31
Approved Plans and Permits (Bonded Copies) Actual Cost
Application Processing $ 173.49
Maintenance of Permit and Plan Documents (Tech. Enhancement Fee) 13% of permit Renewal Fees
Expired Plan Review - Formal
Plan Check Extension and Renewal Application Processing Only $ 477.46 Any Others $ 477.46
Permit Renewals
No Inspection 100% of permit
Rough Inspection 50% of pmt
Final Inspection 20% of permit
Replacement Card
Replacement I Single Trade $ 64.85
Replacement I All Others $ 64.85
Mobile Home Parks $ 270.78
Investigation Fee For Work Without a Permit Actual Cost

REFUNDS
Issuance Fees no refunds
Plan Review
Presubmittal Review no refunds
OTC / Same-Day Review no refunds
Formal Plan Review
First review not started 80% of fees
B - 2

11.A.d
Packet Pg. 591 Attachment: Attachment D-Master Fees Resolution [Revision 1] (5990 : Fiscal Year 2022-23 Year-End Budget Review) Exhibit B - Community Development - Building and Safety Service FY 2023-24
Base Fee
FY 2023-24
Unit
FY 2023-24
Additional Fee2
First review started and up to completion of first round of review 50% of fees Second review started and up to completion of second round of review no refunds Engineering Reports
First review not started 80% of fees
First review started and up to completion of first round of review 50% of fees Second review started and up to completion of second round of review no refunds Inspection Fees
Construction work not yet started 80% of fees
Construction work started - Based on percentage of incomplete construction % of fees Solar Energy System Review Fees
Residential
Photovoltaic (solar energy system) 15kW or less* $ 450.00 Photovoltaic (solar energy system) more than 15kW (plus $15 per kw above 15kW)* $ 450.00 Solar Thermal 10kW or less* $ 450.00
Solar Thermal more than 10kW (plus $15 per kw above 10kW)* $ 450.00 Commercial
Photovoltaic (solar energy system) 50kW or less* $ 1,000.00 Photovoltaic (solar energy system) more than 50kW and up to 250kW (plus $7 per kw ab $ 1,000.00 Photovoltaic (solar energy system) more than 250kW (plus $5 per kw above 250kW)* $ 2,400.00 Solar Thermal 30kW or less* $ 1,000.00
Solar Thermal more than 30kW and up to 260kW (plus $7 per kw above 30kW)* $ 1,000.00 Solar Thermal more than 260kW (plus $5 per kw above 260kW)* $ 2,610.00 Subsidies
Single Trade Permits - Residential Only
Total fees shall be reduced by 50% to encourage citizens to obtain permits for simple work that benefits from safety inspections 50% of fees

WAIVERS
A. Inspection of Small or Large Family Day Care for State Social Services Licenses.

NOTES

1. Total fees for each separate payment transaction may be rounded to the nearest full dollar. *Fees are not subject to the annual administrative revision and increase; the amounts are established by state law.

2. Permit fees related to Downtown Santa Monica, Inc's (DTSM) delivery of contracted services are waived per Council approval dated July 12, 2016.
**Seismic Retrofit Plan Check and Seismic Retrofit Peer Review Fees for consulting services will apply for non-soft story projects and or other projects based upon objective criteria on file with the Building and Safety Division.

No fees are charged for Building and Safety services on the following uses except for plan reviews exceeding three rounds of review, reinspections, extensions, and renewals.

B. Voluntary installation (i.e. not required by code) of electric vehicle charging equipment, solar photovoltaic systems, solar thermal heating systems, solar pool heating equipment, grey water systems, and any associated electrical service or panel upgrades dedicated to only serve the qualifying equipment.

B - 3

11.A.d
Packet Pg. 592 Attachment: Attachment D-Master Fees Resolution [Revision 1] (5990 : Fiscal Year 2022-23 Year-End Budget Review) Exhibit C: Department of Transportation - Mobility
Service FY 2023-24
Fee Unit
Traffic Studies-each hour or fraction
Traffic/Parking Hourly Rate $ 250.76 per hour
Traffic Study Review-Non CEQA $ 274.71 per hour
Traffic Control Plan Review- Base Fee
First two reviews, per page $ 343.23
Third and subsequent reviews, per page $ 363.08
Over the Counter Plan Check:

Standard (2 reviews maximum) $ 384.21
Each additional review (after 2) $ 245.25
Standard Plan Check - Parking/Loading and Access:
0-2 Parking Spaces: < 7,500 sq ft $ 617.42
0-2 Parking Spaces: ≥ 7,500 sq ft $ 1,724.69
3-20 Parking Spaces $ 1,404.40
21-40 Parking Spaces $ 1,707.57
41-100 Parking Spaces $ 2,065.54
Each additional 100 Parking Spaces $ 1,387.31
Miscellaneous-each hour/fraction thereof:

Plan Checks - Not Otherwise Classified $ 256.90 per hour Plan Revisions $ 250.05 per hour
Permit Renewals $ 256.90 per hour
Excess Plan Checks - 3rd+ resubmittal $ 256.90 per hour Employee Annual Transportation Fee:

Employers with 10-49 employees filing a Workplace Transportation Plan1 $ 20.19 per employee Employers with 50+ employees filing either an Employee Trip Reduction Plan or Mobile Source Emissions Reduction Credit Plan $ 18.62 per employee Administrative Costs-each hour/fraction thereof:

Senior Transportation Planner $ 291.16 per hour
Transportation Planning Associate $ 246.03 per hour
Transportation Planning Assistant $ 222.64 per hour
Transportation Management Coordinator $ 267.85 per hour Traffic Engineer $ 313.88 per hour
Site Inspections - verify existing conditions - each $ 250.05 per hour Pre-Submittal Review $ 625.11
Temporary No Parking Sign Issuance $ 80.15 Per Issuance Temporary No Parking (each parking sign) $ 1.83 per sign House Moving $ 2,325.60
Oversized Load - One Way* $ 16.00
Oversized Load - Two Way* $ 32.00
Valet Permit - Annual $ 2,737.06
Valet Permit - Renewal $ 1,508.35
Valet Permit - One Day $ 823.78
Bike Racks $ 367.81
Block Parties $ 70.39
Permit - Auto Park $ 310.23
Sign Removal $ 222.97 per sign
Event Permit: Traffic Engineer $ 367.61 per hour
Developer Initial TDM Fee - Simple $ 508.40
Developer Initial TDM Fee - Complex $ 2,443.20
Developer Annual TDM Fee - Simple $ 367.97
Developer Annual TDM Fee - Complex $ 903.68
Roadway Closure Permit $ 332.36
Temporary Traffic Control Permit - Urgency Action (TTCP-UA)2 $ 449.03 Shared Mobility Device Public Right of Way Use Fee (per device) $ 0.21 per trip Shared Mobility Device Pilot Program - Operator Fee $ 22,345.48 annually Shared Mobility Device Pilot Program - Per Device Fee $ 112.58 annually License Agreements, Covenants, Deed restrictions $ 873.50 Traffic Painter Crew Leader $ 186.65 per hour
Traffic Painter $ 151.41 per hour
Traffic Operations Supervisor $ 234.14 per hour
Lead Traffic Signal Technician $ 212.79 per hour
Traffic Signal Technician $ 193.46 per hour
Principal Traffic Engineer $ 372.58 per hour
Notes
* Fees not subject to the City's annual administrative revision and increase.

1. The fee descriptions for the Employee Annual Transportation Fees have been updated to reflect Section

9.53.050 of the Municipal Code (added per Ordinance No. 2486 (CCS) adopted June 23, 2015). Reductions may be applicable pursuant to Santa Monica Municipal Code sections 9.53.050(A)(5) & (6).

2. Available only when necessary to accomplish goals concerning the urgent fulfillment of health and safety concerns within the public right-of-way. Applicability determined based on objective criteria on file with the City’s Civil Engineering Division.

C - 1

11.A.d
Packet Pg. 593 Attachment: Attachment D-Master Fees Resolution [Revision 1] (5990 : Fiscal Year 2022-23 Year-End Budget Review) Exhibit D: Community Development - Code Enforcement
Service FY 2023-24
Fees
Noise Ordinance- After Hours Permit $ 1,095.09
Residential Bldg Rept - Code Compl Review $ 333.58
Nonautomotive Impound Fee (per item) $ 106.13
Home-Sharing Permit - Initial fee $ 310.21
Home-Sharing Permit - Annual renewal fee $ 162.88
Medicinal Cannabis Light Manufacturer* $ 127.34
Medicinal Cannabis Retailer- New: July - September (4 inspections)* $ 1,845.12 Medicinal Cannabis Retailer- New: October - December (3 inspections)* $ 1,410.90 Medicinal Cannabis Retailer- New: January - March (2 inspections)* $ 976.67 Medicinal Cannabis Retailer- New: April - June (1 inspection)* $ 542.45 Medicinal Cannabis Retailer - Renewal* $ 1,845.12
Sidewalk Vendor Permit $ 75.59
Vehicle Vendor Permit $ 75.59
NOTES
*Fees not subject to the City's annual administrative revision and increase.

Permit fees related to Downtown Santa Monica, Inc's (DTSM) delivery of contracted services are waived per Council approval dated July 12, 2016.

Code Enforcement D - 1

11.A.d
Packet Pg. 594 Attachment: Attachment D-Master Fees Resolution [Revision 1] (5990 : Fiscal Year 2022-23 Year-End Budget Review) Exhibit E1 -Public Works: Civil Engineering
Service FY 2023-24
Fee Unit
Newsrack Permit: Annual Renewal $ 143.00 per unit
Newsrack Permit: New Install $ 335.98 per unit
Newsrack Permit: Impound Fee $ 541.27
Use of Public Property: New Permit with
Transportation Review
$ 379.94
Use of Public Property: New Permit without
Transportation Review
$ 230.24
Use of Public Property: Permit Renewal without
Transportation Review
$ 173.77
Use of Public Property: Permit for Moving Pods $ 168.45 Crane Permit $ 335.98 per day
Use of Public Property Commercial $ 2.72 per day, per 100 sq ft Use of Public Property Residential $ 1.67 per day, per 100 sq ft Street Improvement Inspections: SFR Apron,
Sidewalk, Curb, Gutter, or Alley
$ 653.22
Street Improvement Inspections: non-SFR
Apron, Sidewalk, Curb, Gutter, or Alley
$ 864.72
Outdoor Dining Inspection $ 262.77
Utility Excavation Permit: up to 100 feet $ 1,366.36
Utility Excavation Permit: 100 feet & over $ 251.24 per hour Permit Renewal $ 173.77
Wireless Telecommunications Construction
Permit: No excavation or up to 100 Feet
$ 1,316.44 per location
Wireless Telecommunications Construction
Permit: Over 100 feet of excavation
$ 230.24 per hour, per location
Wireless Facility Permit/6409(a) Permit
Application
$ 1,396.58 per location
Blanket Utility Permit: Public Property Use up to
320 sq ft
$ 286.77
Blanket Utility Permit: Minor Excavation up to 100
linear ft
$ 286.77
Certificate of Compliance $ 2,207.06
Tentative Map $ 1,024.50
Final Map $ 2,894.17
Lot Line Adjustment $ 1,537.80
Final Map Revision $ 1,113.67
Tentative Map Revision $ 399.09
Industrial Waste Discharge $ 735.40
Civil Engineering E1 - 1

11.A.d
Packet Pg. 595 Attachment: Attachment D-Master Fees Resolution [Revision 1] (5990 : Fiscal Year 2022-23 Year-End Budget Review) Exhibit E1 -Public Works: Civil Engineering
Service FY 2023-24
Fee Unit
Site Drainage - Changing Existing Pattern $ 509.54
Urban Runoff Mitigation Plan $ 735.40
Tiebacks $ 1,405.25
Miscellaneous Reviews: Flood Hazard Letter $ 244.00
Plan Check Review Fee - Building Permits
(rounded to the nearest 1/2 hour increment)
$ 263.79 per hour
Review of Legal Easements/License
Agreements
$ 1,705.95
Right of Way Research / Inquiries - each hour $ 225.63 per hour Wireless Related Permits - Outside Consultants Actual Cost Development Agreement Feasibility and
Concept Review Fee
$ 392.91 per hour
(rounded to the
nearest 1/2 hour
increment)
Underground Utility Waiver Application and
Letter of Determination
$ 309.38
Annual Lease Fee – Small Wireless Facility $ 875.85
Plan Check Review Fee - Including Flood Plan
Review ,Off-Site Permit and Vacation of Public
Right-of-Way
$ 321.78 per hour
Civil Engineering E1 - 2

11.A.d
Packet Pg. 596 Attachment: Attachment D-Master Fees Resolution [Revision 1] (5990 : Fiscal Year 2022-23 Year-End Budget Review) Exhibit E2 - Public Works: Street Services
Service FY 2023-24
Fee
Unit
Sidewalk Removal, Hauling, Replacement (up to 4"
thick) $ 104.25
per sf
Driveway Removal, Hauling, Replacement (depth to
6") $ 125.30
per sf
Removal, Hauling, Replacement: Curb Only
$ 636.69 per lf
Removal, Hauling, Replacement: Curb & Gutter $ 862.27 per lf Removal, Hauling, Replacement: Gutter Only $ 611.48 per lf Removal, Hauling, Replacement: Concrete Alleys (up
to 6") $ 55.72
per sf
Asphalt Removal, Hauling, Replacement (up to 4")
$ 37.94
per sf
Asphalt Removal, Hauling, Replacement (over 4")
$ 38.75
per sf
Parkway Removal & Hauling: per square foot $ 40.26 per sf Removal & Hauling of Abandoned Driveway $ 73.58 per sf
Asphalt Cement Overlay (1/2" to 1-1/2" thick) $ 16.66 per sf Asphalt Cement Overlay (1-1/2" - 4" thick) $ 17.12 per sf Miscellaneous Saw Cuts: per linear foot $ 13.23 per lf
Tie-Ins Into Existing Asphalt or Concrete: per linear
foot $ 110.88 per lf
Conduit Only Repair OR Relocation: per linear foot
$ 10.07 per lf
Pull Box & Conduit Relocation: per linear foot $ 17.41 per lf Street Services E2-1

11.A.d
Packet Pg. 597 Attachment: Attachment D-Master Fees Resolution [Revision 1] (5990 : Fiscal Year 2022-23 Year-End Budget Review) Exhibit E3 - Public Works: Resource Recovery and Recycling Service FY 2023-24
Fee Unit
Additional Pick-Up Service: Bin $ 106.54
Additional Pick-Up Service: Cart $ 80.56
Container Rental (Rent-A-Bin per each four week period. Includes Bin Rental, Delivery, and One Pick-Up & Disposal)
$ 322.06
Curby Rental per hour (2 hour minimum/4 hour maximum) $ 222.05 per hour Event Rental / Party Truck per hour (Hourly, 2 hour minimum/4 hour maximum)
$ 214.50 per hour
Kitchen Food Scrap Pail Sales $ 6.97 plus pail
Pressure Washing Services (per Hour) (Minimum of 1 hour) $ 201.07 Private Refuse Hauler Permit $ 564.97
Sale of Composting Bins (Santa Monica Residents Only) (50% Subsidy, Limit Two per Household)
$ 40.01 plus bin
Solid Waste Encl Plan Check: Complex (Major) $ 652.36
Solid Waste Encl Plan Check: Simple (SFR) $ 81.93
Solid Waste Encl Plan Check: Medium $ 546.28
Solid Waste Handling Fee (per ton) $ 23.32
Street Sweeping Services $ 272.78
Cart Rollout Services $ 21.26
Bin Washing Services $ 66.58
Extra Refuse Bag Sales (cost of bags not included) $ 37.96 Plus pack of 5 bags
Bulky Item Collection (Hourly, one-hour minimum) $ 234.71 per hour Event Coordination Fee (Bins or Carts) $ 295.79
Constr & Demo Waste Management Plan Review: Complex $ 850.08 Constr & Demo Waste Management Plan Review: Medium $ 650.49 Constr & Demo Waste Management Plan Review: Simple (SFR) $ 548.81 Truck Ad Space Rental (per panel, per side, per month) $ 262.81 Roll out Services - Crew Pullout $ 129.24
Roll out Services - Bin Truck Pullout $ 149.20
Event Cart Rental (Refuse, Food Waste, or Recycling - Per Cart) $ 156.90 per cart Event Bin Rental (Refuse, Food Waste, or Recycling - Per Bin) $ 301.89 per bin Construction & Demo Project Waste Management Plan Review: Demo Only
$ 650.49
Resource Recovery and Recycling E3-1

11.A.d
Packet Pg. 598 Attachment: Attachment D-Master Fees Resolution [Revision 1] (5990 : Fiscal Year 2022-23 Year-End Budget Review) Exhibit E4 - Public Works: Water Resources
Service FY 2023-24
Fee Unit
Water Service Install: 3/4" to 1" Partial Upgrade $ 877.59 plus Water Capital Facility Fee1
Water Service Install: 3/4" Meter $ 7,224.43 plus Water Capital Facility Fee1
Water Service Install: 1" Meter $ 7,314.99 plus Water Capital Facility Fee1
Water Service Install: 1-1/2" Meter $ 8,128.79 plus Water Capital Facility Fee1
Water Service Install: 2" Meter $ 8,370.04 plus Water Capital Facility Fee1
Water Service Install: 3" Meter $ 17,002.21 plus Water Capital Facility Fee1
Water Service Install: 4" Meter $ 17,960.80 plus Water Capital Facility Fee1
Water Service Install: 6" Meter $ 18,813.23 plus Water Capital Facility Fee1
Water Service Install: 8" Meter $ 28,284.80 plus Water Capital Facility Fee1
Water Service Install: 10"+ Meter Actual plus Water Capital Facility Fee1
Fire Svc Install: 2" $ 7,881.64 plus Water Capital
Facility Fee1
Fire Svc Install: 3" $ 12,760.46 plus Water Capital
Facility Fee1
Fire Svc Install: 4" - 10" $ 19,511.33 plus Water Capital Facility Fee1
Damaged Water Meter Repair Actual Cost
Water Meter Downsize Actual Cost
Water Inspection Not Identified Elsewhere $ 281.01
Temp Water Service $ 284.13
Moved Meter $ 176.78
Water Meter Test: 3/4" - 2" Meter $ 339.94
Water Meter Test: 3" and Over $ 1,019.86
Delinquent Water Bills Tags $ 71.55
Storm Drain Connect of Existing Box $ 521.68
Storm Drain Pipe Installation/Connection $ 521.68 per install Storm Drain Saddle Installation $ 1,097.99
Storm Dye Test $ 265.93
Water Resources E4-1

11.A.d
Packet Pg. 599 Attachment: Attachment D-Master Fees Resolution [Revision 1] (5990 : Fiscal Year 2022-23 Year-End Budget Review) Exhibit E4 - Public Works: Water Resources
Service FY 2023-24
Fee Unit
Emergency Sewage Spill Response Actual Cost
Sewer Reinspection $ 288.75
Same Day Emergency Turn-Off (regular hours) $ 166.26
Same Day Emer Turn-Off (after hours, holidays) $ 309.39 Industr Waste Discharge Variance Request $ 113.05
Industr WW Permit: Class 1 $ 300.20
Industr WW Permit: Class 2 $ 993.93
Industr WW Permit: Class 3 $ 1,521.99
Industr WW Permit: Class 4 $ 2,068.82
Industr WW Permit: Class 5 $ 2,860.28
Industr WW Permit: Class 6 $ 5,418.04
Industr WW Permit: Class 99 $ 160.34
Industr WW Permit: New Application Fee $ 116.25
Fire Hydrant Relocation - new tap & killout $ 16,940.71 Fire Hydrant Installation $ 18,584.24
Fire Hydrant Flow Test $ 997.52
Reestablish Delinquent Account $ 71.55
Sewer Saddle Connection $ 1,097.99
Sewer Cap: At Time of Saddle Install $ 571.66 plus materials Sewer Cap: After Saddle Install $ 704.62 plus materials Sewer Lateral Inspection $ 610.22
Manifold Service (3 or more, 3/4" to 1" install) $ 5,277.16 Sewer Study Review $ 4,764.41
Water Study Review $ 3,573.30
Water Neutrality - performance based direct offset of
add'l water - plan check
$ 450.79
Water Neutrality - performance based direct offset of
add'l water - inspection
$ 180.32
Water Neutrality - administrative fee - SF/MFU 1-102 $ 1,255.62 Water Neutrality - administrative fee - MFU 11-502 $ 1,791.42 Water Neutrality - administrative fee - Comm/MFU 51+
units2
$ 2,695.25
Water Neutrality - in-lieu offset fee $ 0.20 per gallon 1 The Water Capital Facility fee is an existing system capacity fee as authorized by Municipal Code Section 7.12.090.
2 Fees are not subject to the City's established annual administrative revision and increase.

Water Resources E4-2

11.A.d
Packet Pg. 600 Attachment: Attachment D-Master Fees Resolution [Revision 1] (5990 : Fiscal Year 2022-23 Year-End Budget Review) Exhibit F - Public Works: Public Landscape
Service FY 2023-24
Fee Unit Deposit
Park Maintenance Service $ 121.85 per hour
Park Asset Damage Actual Cost
Park Event Clean Up Deposit (150-500 people) $ 500.00
Park Event Clean Up Deposit (501-1000 people) $ 1,000.00 Park Event Clean Up Deposit (1000+ people) $ 1,500.00
Beach Maintenance Service $ 135.01 per hour
Beach Asset Damage Actual Cost
Beach Event Clean Up Deposit (150-500 people) $ 500.00
Beach Event Clean Up Deposit (501-1000 people) $ 1,000.00 Beach Event Clean Up Deposit (1000+ people) $ 1,500.00
Tree Planting 24" Box $ 311.80
Tree Planting 36" Box $ 850.44
Tree Planting 48" Box $ 2,154.39
Tree & Stump Removal 0-24 DSH Per Inch $ 33.99
Tree & Stump Removal >24 DSH Per Inch $ 45.35
Full Prune 7-12 DSH $ 170.05
Full Prune 13-18 DSH $ 255.08
Full Prune 19-24 DSH $ 311.80
Full Prune 25-30 DSH $ 425.14
Full Prune 31-36 DSH $ 510.22
Full Prune >36 DSH $ 566.95
Tree Restitution - Cost Per Required Replacement 24" Box Tree $ 755.24

PLAN REVIEW & INSPECTION FEES
Presubmittal Review $ 241.05
Standard Plan Review $ 482.11
Permit Revisions $ 120.53
Permit Renewals $ 120.53
More Than Three Plan Reviews $ 160.70 per hour
Construction Inspection $0 - $300k $ 241.05
Construction Inspection $300k - $1M $ 482.11
Construction Inspection $1M - $20M $ 1,446.35
Construction Inspection $20M - up $ 1,928.46
Public Landscape F - 1

11.A.d
Packet Pg. 601 Attachment: Attachment D-Master Fees Resolution [Revision 1] (5990 : Fiscal Year 2022-23 Year-End Budget Review) Exhibit G - Public Works: Film Permits
Service FY 2023-24
Application Fee
FY 2023-24
Location Fee
Security
Depost
Film Permit: Airport – public airside/landside still
photography, 1-20 cast/crew $ 767.29 $ 135.00
Film Permit: Airport – leasehold property, still
photography/motion $ 767.29
Film Permit: Airport - complex/large productions, 21+
cast/crew $ 793.60 $ 2,073.79
Beaches - Film/Video $ 550.96 $ 1,418.48
Beaches - Still Photography $ 423.50 $ 141.84
City Hall - Film/Video $ 421.12 $ 2,073.79
City Hall - Still Photography $ 322.07 $ 1,382.53
Downtown Santa Monica - Still photography $ 335.42 $ 345.62 Downtown Santa Monica - Film/video interior, man on
street/walk and talk $ 478.82
Downtown Santa Monica - Film/video, half day shoot
including interior/exterior $ 478.82 $ 1,382.53
Downtown Santa Monica - Film/video, all day, multiple
locations $ 505.13 $ 3,456.33
Parks - Film/Video $ 523.06 $ 1,382.53
Parks - Still Photography $ 423.17
Pier/Carousel - Film/video/street interview $ 316.93 $ 3,456.33 $ 5,000.00 Pier/Carousel - Film/video, half day (6 hrs.) $ 290.62 $ 1,382.53 $ 2,000.00 Pier/Carousel - Street interviews $ 264.30 $ 1,106.01 $ 500.00 Pier/Carousel - Equipment only $ 1,382.53 $ 500.00
Pier/Carousel - Still photography, low impact, interior only $ 209.53 $ 691.26 $ 100.00
Pier/Carousel - Still photography, exterior $ 209.53 $ 2,073.79 $ 500.00 Student/Non-Profit - Film/Video $ 192.03
Student/Non-Profit - Still Photography $ 192.03
All Other Locations - Film/Video $ 351.12 $ 709.23
All Other Locations - Still Photography $ 192.03 $ 283.68 Rider Fee-Addition, change or deletion to the permit $ 162.97 $ 138.24 Film Permits G-1

11.A.d
Packet Pg. 602 Attachment: Attachment D-Master Fees Resolution [Revision 1] (5990 : Fiscal Year 2022-23 Year-End Budget Review) Exhibit H1 - Police
Service FY 2023-24
Fee
FY 2023-24
Unit
Permit-Entertainment in Bar, Nightclub, Restaurant $ 52.73 Permit-Fire Arm Sales $ 52.73
Permit-Tow Truck Operator $ 52.73
Permit - all others required by code not listed $ 52.73 Local Records Check $ 28.45
Firearms Storage and Release $ 47.87
Massage Technician Permit - New $ 122.36
Massage Technician Permit - Renewal $ 81.71
Massage Establishment Permit $ 301.69
Second Hand Dealer Permit - New $ 425.57
Second Hand Dealer Permit- Renewal $ 402.26
Pawnbroker Permit- New $ 425.57
Pawnbroker Permit - Renewal $ 285.75
Alarm Registration Fee $ 12.96
Police Report - Correct DR#, electronic copy No fee if correct DR number is provided.

Data Compilation Fee for Police Reports (unknown DR#) and other SMPD records - electronic copy
Actual Cost
Police Report - hard copy1 $ 0.20 per page
Digital Image Extraction or Compilation Actual Cost
Audio Extraction or Compilation Actual Cost
Video Extraction or Compilation Actual Cost
Data Compilation (per hour) $ 129.98
Vehicle impound & release $ 166.30
Police Billable Services (per hour) Actual Cost
Equipment fees for special events and film permits-police horse $ 33.74 per day
Equipment fees for special events and film permits-PD Vehicle $ 101.24 per day
Equipment fees for special events and film permits-motor $ 67.50 per day
Equipment fees for special events and film permits-command post $ 101.24 per day
Equipment fees for special events and film permits-rescue boat (4 hour minimum charge)
$ 270.02 $33.72 for each
additional hour
Parking Citation Dismissal - Disabled Placard1 $ 25.00
Parking Citation Dismissal - Preferential R Permit2 $ 38.27 CCW Permit Application Fee3 $ 617.00
CCW Renewal Application Fee4 $ 25.00
Amended License Fee4 $ 10.00
Notes
1 Fee not subject to the City's annual administrative revision and increase. 2 Unless Vehicle Code section 40226 applies.

Fees are per occurrence unless otherwise noted.
4 Fee not subject to the City's annual administrative revision and increase. As originally provided in Resolution No. 11511 and continued in this resolution, in the event that State law modifies or removes the statutory fee maximums applicable to these fees, City staff is authorized to charge a fee up to $457 for CCW Renewal Applications; and the Actual Costs for Amended License Fees, as permitted by State law, and without further action from the City Council after providing 60 days’ notice on the SMPD’s website of the increased fees. 3 Fee not subject to the City's annual administrative revision and increase. The $617 application fee has two components: (1) a non-refundable fee of $398 payable to My CCW at the time of the initial application, and (2) a $219 fee that would be collected by the City when the license is issued.

H1-1

11.A.d
Packet Pg. 603 Attachment: Attachment D-Master Fees Resolution [Revision 1] (5990 : Fiscal Year 2022-23 Year-End Budget Review) Exhibit H2 - Police (Animal Control)
Service FY 2023-24
Fee Unit
Adoptions - basic fee, dog/puppy/cat/kitten $ 73.32
Adoptions - vaccine $ 32.97
Adoptions - spay/neuter surgery $ 114.33
Adoptions - basic fee, rabbit $ 32.48
Adoptions - basic fee, small animal $ 32.48 per hour
Adoptions - basic fee, large animal $ 73.34
Adoptions - home again microchip $ 31.94
Adoptions - rabies vaccinations $ 22.12
Annual dog license - spayed/neutered1 $ 27.84
Annual dog license - unspayed/unneutered2 $ 55.68
Annual dog license - duplicate (replacement) $ 55.68
Non resident permit tag - airport park $ 29.97
Conditional Animal Permit $ 145.48
Beehive Permit $ 145.48
Impound - dog $ 78.76
Impound - cat $ 30.28
Dead Animal Pickup $ 128.29
Dead Animal Disposal $ 39.32
Owner surrender - dog licensed $ 73.34
Owner surrender - dog unlicensed/altered $ 94.00
Owner surrender - dog unlicensed/unaltered $ 145.58
Owner surrender - cat $ 73.34
Boarding - dog, cat, other $ 25.66
Trap rental - 10 days $ 28.88
Plus $50.00
deposit
Notes
1 Late Charge of $5.00 will be applied per SMMC 4.04.170. 2 Late charge of $10.00 will be applied per SMMC 4.04.170 Fees are per occurrence unless otherwise noted.

Police H2-1

11.A.d
Packet Pg. 604 Attachment: Attachment D-Master Fees Resolution [Revision 1] (5990 : Fiscal Year 2022-23 Year-End Budget Review) Exhibit I - Fire
Service FY 2023-24
Fee
FY 2023-24
Additional Fee Unit
Standard/Complex Plan Check-new building: 1st 2,500 sf $ 721.97 Standard/Complex Plan Check new building: >2,500 sf (per sf) $ 721.97 $ 0.0722 per sq ft Commercial Tenant Improvement: 1st 2,500 sf $ 360.98
Commercial Tenant Improvement: > 2,500 sf (per sf) $ 360.98 $ 0.0361 per sq ft Miscellaneous plan review $ 360.98
Solar panel plan review $ 360.98
Fire Sprinkler - NFPA 13/13R Sys: 1-10 Heads $ 461.63
Fire Sprinkler - NFPA 13/13R Sys: 10+ Heads $ 461.63 $ 4.7419 cost per head Fire Sprinkler - NFPA 13D Sys: up to 10k sq ft $ 461.63 Fire Sprinkler - NFPA 13D Sys: >10k sq ft $ 603.89
Fire Sprinkler- NFPA 13D:TI $ 319.37
Fire Sprinklers: special high pile and sprinkler system combined Actual Cost $ 1,000 deposit required Private hydrant systems Actual Cost
Fire pump installation $ 1,813.08
Fire Alarms, new system, 1st 24 Devices $ 1,030.66
Fire Alarms, new system, each additional device over 24 devices $ 14.23 Fire alarms, TI's, 1st 24 devices $ 675.02
Fire alarms, TI's, each additional device over 24 devices $ 14.23 Fire Sprinkler Monitoring Alarm System $ 461.63
Fire Alarms, Fire Panel Replacement $ 319.37
Special Fire Extinguisher Systems - clean agent $ 959.53 Special Fire Extinguisher Systems - (eg kitchen hoods) $ 675.02 Medical Lab: Gas systems (type 1) $ 756.82
Medical Lab: Gas systems (type 2 & 3) $ 1,839.78
Storage tank above ground - install $ 876.61
Storage tank above ground - removal $ 365.98
Storage tank above ground - modify $ 219.59
AST Install: generator belly tank $ 327.64
Storage tank underground install - base fee $ 1,936.93
Storage tank underground install-each additional tank $ 442.34 Storage tank underground install - each additional plan check or inspection $ 176.94
Storage tank underground removal - base fee $ 1,715.75
Storage tank underground removal - each additional tank $ 353.87 Storage tank underground removal - each additional plan check or inspection $ 176.94
Storage tank underground modify - simple $ 265.41
Storage tank underground modify - complex $ 973.15
Emergency responder radio system $ 2,602.10
Emergency responder radio rental $ 104.00
Battery systems $ 1,147.42
Gas detection system $ 1,082.95
Annual Permit - aircraft refueling facility $ 353.87
Annual Permit - aircraft repair hangar $ 384.77
Annual Permit - ambulatory surgical center I-2.1 $ 578.75 Annual Permit - approved production facilities $ 338.67 Annual Permit - candles open flame annual $ 40.01
Annual Permit - carnivals or fairs $ 150.73
Annual Permit - Christmas tree lots $ 321.71
Annual Permit - combustible dust products $ 183.78
Annual Permit - combustible fibers $ 183.78
Annual Permit - combustible materials $ 183.78
Convalescent hospital, assistive living and social rehabilitation $ 638.76 Adult & Child Daycare under 50 occupants $ 338.67
Adult & Child Daycare 50 or more occupants $ 458.71
Annual Permit - explosives $ 289.84
Annual Permit - high piled combustible storage $ 218.64 Annual Permit - hospital I-2 $ 1,144.20
Annual Permit - hot work open flame $ 183.78
Annual Permit - industrial ovens $ 183.78
Annual Permit - laboratory $ 183.78
Annual Permit - LPG-annual $ 183.78
Fire I -1

11.A.d
Packet Pg. 605 Attachment: Attachment D-Master Fees Resolution [Revision 1] (5990 : Fiscal Year 2022-23 Year-End Budget Review) Exhibit I - Fire
Service FY 2023-24
Fee
FY 2023-24
Additional Fee Unit
Annual Permit: Large Family Day Care $ 278.65
Public/private school Group E less than 10,000 sq. ft. $ 458.71 sq. ft Public/private school Group E 10,000 sq. ft or more $ 818.82 sq. ft Annual Permit - public assembly, <300 occupants $ 370.68 Annual Permit - public assembly, 300+ occupants $ 518.73 Annual Permit - repair garage $ 187.07
Assisted Living and Social Rehabilitation: R-4 $ 458.71 Annual Permit - spraying/dipping $ 218.64
Other inspections - annual not otherwise listed Actual Cost Annual commercial inspections: individual suite or unit, 0-500 sf $ 111.06 Annual commercial inspections: individual suite or unit, 501-2,000 sf $ 168.94 Annual commercial inspections: individual suite or unit, 2,001-5,000 sf $ 229.73 Annual commercial inspections: individual suite or unit, 5,001-10,000 sf $ 290.65 Annual commercial inspections: individual suite or unit, >10,000 sf $ 427.50 Annual commercial inspections - common area: base 1st story (includes single story buildings) $ 74.41
Annual commercial inspections - common area: 0-2,000 sf per floor $ 99.22 Annual commercial inspections - common area: 2,001-5,000 sf per floor $ 136.42
Annual commercial inspections - common area: 5,001-10,000 sf per floor $ 248.04
Annual commercial inspections - common area: >10,001 sq ft $ 322.45 Annual multi-family residential inspections: 3-15 units $ 171.58 Annual multi-family residential inspections: 16-49 units $ 245.11 Annual multi-family residential inspections: 50-99 units $ 362.46 Annual multi-family residential inspections: 100 units and over $ 493.04 Mixed use - Business & Mercantile $ 214.91
Mixed use - Residential $ 214.91
High rise fire inspections, Commercial, R-1, R-2, R55-75 ft $ 1,624.67 High rise fire inspections, Commercial, R-1, R-2, >75 ft $ 2,158.48 Tents & Canopies 401-2000 sq ft $ 226.09
Tents & Canopies 2,001-5,000 sq ft $ 321.71
Tents & Canopies over 5,000 sq ft $ 0.0620 per sq ft
Candles open flame - special event $ 162.34
LPG special event $ 118.85
Vehicle in building - special event $ 130.47
Studio & theater occupancies - pyrotechnic SFX app sound stage $ 799.80 Studio & theater pyrotechnic SFX - location filming $ 417.33 Special Event Review $ 405.71
Large Special Event Review requiring setup prior to day of event (5 hour minimum) $ 1,935.60
Commercial Umbrella Permit $ 70.27
Other inspections - special events $ 405.71
CUPA - city administrative fee - per CUPA Facility $ 695.46 CRTK hazardous materials inspection - category 1A $ 221.17 CRTK hazardous materials inspection - category 1B $ 565.83 CRTK hazardous materials inspection - category 2 $ 508.46 CRTK hazardous materials inspection - category 3 $ 639.87 CRTK hazardous materials inspection - category 4 $ 1,024.74 CUPA - annual CalARP Review: level 1 - per facility $ 1,044.99 CUPA - annual CalARP Review: level 2 - per facility $ 1,741.66 CUPA - annual CalARP Review: level 3 - per facility $ 3,483.34 CUPA - per facility, CalARP Review - add'l rev & insp Actual Cost CUPA - county charges (set by and passed through to LA County): hazardous waste generation-silver waste only 1 $ 295.00
CUPA - county charges (set by and passed through to LA County): hazardous waste generation, 1-5 Employees 1 $ 590.00
CUPA - county charges (set by and passed through to LA County): hazardous waste generation, 6-19 Employees 1 $ 828.00
CUPA - county charges (set by and passed through to LA County): hazardous waste generation, 20-100 Employees 1 $ 1,131.00
Fire I -2

11.A.d
Packet Pg. 606 Attachment: Attachment D-Master Fees Resolution [Revision 1] (5990 : Fiscal Year 2022-23 Year-End Budget Review) Exhibit I - Fire
Service FY 2023-24
Fee
FY 2023-24
Additional Fee Unit
CUPA - county charges (set by and passed through to LA County): hazardous waste generation, 101-500 Employees 1 $ 1,644.00
CUPA - county charges (set by and passed through to LA County): hazardous waste generation, 501 Employees and over 1 $ 2,815.00
CUPA - county charges (set by and passed through to LA County): hazardous waste generation/tiered permit-conditionally exempt 1 $ 139.00 CUPA - county charges (passed through to LA County): hazardous waste generation/tiered permit-conditionally authorized 1 $ 916.00 CUPA - county charges (passed through to LA County): hazardous waste generation/tiered permit-permit by rule 1 $ 1,308.00
CUPA - state underground storage tank administrative charges (passed by State): underground storage tank oversight1
State set
charge
CUPA - State Administrative Surcharge (passed by State): all CUPA facilities1 State set charge
CUPA - state underground storage tank administrative charges (set by and passed through to LA County): CalARP, per facility1
State set
charge
CUPA - state underground storage tank administrative charges (set by and passed through to LA County): Electronic Surcharge, per facility1 State set charge
CUPA - state aboveground tank administrative surcharge (passed through CA)1
State set
charge
Aboveground Tank (AST < 10K gallon) $ 353.87
Aboveground Tank (AST > 10K gallon) $ 663.51
Underground Tank Permit (Base & 1st Tank) $ 1,194.32
Underground Tank Permit (ea add'l Tank) $ 265.41
Tank Permit (TIUGA) $ 48.80
Final building inspection $ 486.94
Final building inspection: R-3 $ 202.42
Miscellaneous - alternate materials, design and methods $ 1,860.89 Miscellaneous - compliance reinspections, resubmittals or retesting $ 277.82 Miscellaneous - special event inspection or special event review $ 417.33 Miscellaneous - additional site inspection per additional floor, suite or area $ 319.37
Miscellaneous - off-hour inspection /expedited plan review, 4 hour minimum (each hour or fraction) $ 591.47
Miscellaneous - uniform fire code permits, others Actual Cost Reinspection Fee $ 361.34
Advanced Life Support Assessment Fee (The difference between the Los Angeles County approved Advanced Life Support rate and the Los Angeles County Basic Life Support rate.)
County Set
Charge
Paramedic ALS Assessment Fee for BLS Transports $ 686.23 Disposable Medical Supplies Fee (The fee is set by LA County) County Set Charge
Code-3 Response Fee-Lights and Siren (The fee is set by LA County) County Set Charge
Administrative Costs: Assistant Fire Marshal (each hour or fraction) Actual Cost per hour Administrative Costs: Senior Fire Inspector (each hour or fraction) Actual Cost per hour Administrative Costs: Senior Fire Inspector-Hazmat (each hour or fraction) Actual Cost per hour
Administrative Costs: Fire Inspector (each hour or fraction) Actual Cost per hour Administrative Costs: CUPA Administrator (each hour or fraction) Actual Cost Administrative Costs: Environmental Compliance Specialist (each hour or fraction) Actual Cost per hour
Administrative Costs: Fire Safety Officer Assignment, 4 hour minimum (each hour or fraction) Actual Cost per hour
Fire Safety Officer Assignment vehicle fee $ 71.20
Outdoor Dining Inspection Fee $ 193.95
Special Event Planning Fee (each hour or fraction) $ 382.47 Presubmittal Meetings with Building & Safety $ 191.24
Notes
1 Fees are not subject to the City's established annual administrative revision and increase.

Fire I -3

11.A.d
Packet Pg. 607 Attachment: Attachment D-Master Fees Resolution [Revision 1] (5990 : Fiscal Year 2022-23 Year-End Budget Review) Exhibit J - Records and Election Services
Service FY 2023-24
Fee Unit
Domestic Partner Filing $ 24.35
Domestic Partner Notice of Revocation $ 14.30
Domestic Partner Amendment $ 14.30
Document Certification $ 22.67
Flash Drive Copy (For PRA) $ 5.36
Passport Execution Fee (plus Federal application fees)1 $ 35.00 Passports Photos1 $ 14.50
Public Records Act Copies1 $ 0.20 per page
Lobbyist Registration1 $ 95.00
Lobbyist Renewal/Amendment/Addendum1 $ 54.00
Election Filing Fee1 $ 25.00
Campaign Disclosure Statements (per page)1 $ 0.10 per page Passport Overnight Delivery Fee Actual Cost
(passthrough
overnight
delivery fee)
Nomination Petitions - Every Additional Set (after the first two sets)1 $ 2.00 Nomination Packet for Non-Candidates or Candidates (after the first set)1 $ 45.00 Initiative Fee1 $ 200.00
Candidate Statement Fee: City Council and Rent Control Board1 $ 1,100.00 Candidate Statement Fee: College and School Board1 $ 1,200.00 Notes
1 Fees not subject to the City's annual administrative revision and increase.

J-1

11.A.d
Packet Pg. 608 Attachment: Attachment D-Master Fees Resolution [Revision 1] (5990 : Fiscal Year 2022-23 Year-End Budget Review) Exhibit K: Miscellaneous
Service FY 2023-24
Fee
Returned Check Processing Fee (First NSF)1 $ 25.00
Returned Check Processing Fee (Subsequent NSF)1 $ 35.00 Returned Check Processing Fee (License Fees)1 $ 10.00
Tobacco Retailer License2
Moving Bus Stop $ 739.07
Duplicate Licenses1 $ 10.00
Performance Permit1 $ 37.00
Replacement of a Performance Permit1 $ 37.00
Pkg Citation Payment Plan - Enrollment Fee (Indigent)1 $ 5.00 Pkg Citation Payment Plan - Late Fee (Indigent)1 $ 5.00 Pkg Citation Payment Plan – Enrollment Fee (General Public)1 $ 25.00 Event Permit - Parking Manager $ 612.75
Event Permit - Parking Operations Specialist $ 310.38
Event Permit - Customer Service Supervisor $ 295.19
Parking Meter Pole Removal and or Installation $ 662.24 Parking Meter Head Removal and or Installation $ 399.76 Hourly Rate: Parking Manager $ 612.75
Hourly Rate: Principal Administrative Analyst $ 438.61
Hourly Rate: Parking Operations Specialist $ 310.38
Hourly Rate: Customer Service Supervisor $ 295.19
Hourly Rate: Parking Permits Assistant $ 220.59
Hourly Rate: Community Engagement & Customer Experience Manager $ 181.02 Hourly Rate: Community Engagement Administrator $ 133.71 Hourly Rate: Transportation Marketing Coordinator $ 106.90 Hourly Rate: Accountant II $ 120.69
Hourly Rate: Motor Coach Operator Supervisor $ 110.43
Hourly Rate: Transit Operations Superintendent $ 142.29 Notes
1 Fees not subject to the City's annual administrative revision and increase. 2 The Tobacco Retailer License fee has been suspended until June 30, 2026 to lessen the burden on retailers during the pandemic and to review the ongoing costs of the program in light of existing and future grants. The fee will be in force automatically on July 1, 2026.

K-1

11.A.d
Packet Pg. 609 Attachment: Attachment D-Master Fees Resolution [Revision 1] (5990 : Fiscal Year 2022-23 Year-End Budget Review) Exhibit L - Public Works: Office of Sustainability and the Environment Service FY 2023-24
Fee Unit
Urban Run-Off Mitigation Onsite Inspection
- per property, includes 2 inspections
$ 183.32
Urban Run-Off Mitigation Onsite Inspection
- per additional inspection
$ 60.10
Landscape & Irrigation Onsite Inspection (SF/MF) $ 282.48 Landscape & Irrigation Onsite Inspection (Comm/MU/Inst) $ 399.69 Landscape & Irrigation Plan Check (SF/MF) $ 360.63
Landscape & Irrigation Plan Check (Comm/MU/Inst) $ 450.79 EV User Fee (Summer: June 1 - September 30) $ 0.35 per kWh EV User Fee (Winter: October 1 - May 31) $ 0.31 per kWh Community Gardens - Annual Permit (Renewal) - Small(less than 150 Sq. Ft)1 $ 100.00 Community Gardens - Annual Permit (Renewal) - Medium(150-249 Sq. Ft.)1 $ 150.00 Community Gardens - Annual Permit (Renewal) - Large 250 Sq Ft. and Larger1 $ 200.00 NOTES
1 Fees are not subject to the City's established annual administrative revision and increase. Fees for the Community Garden - Annual Permits are prorated from a flat fee based on the month the permit is initially issued as follows:
a. First Quarter: July - September: The amount noted on the fee schedule shall apply. b. Second Quarter: October - December: 75% of the amount noted on the fee schedule shall apply. c. Third Quarter: January - March: 50% of the amount noted on the fee schedule shall apply. d. 4th Quarter: April - June: 25 % of the amount noted on the fee schedule shall apply.

Garden plots are permitted to Santa Monica residents only in accordance with conditions set forth in the Community Gardens Permit Agreement.

L-1

11.A.d
Packet Pg. 610 Attachment: Attachment D-Master Fees Resolution [Revision 1] (5990 : Fiscal Year 2022-23 Year-End Budget Review) Exhibit M - Department of Transportation: Taxis
Service FY 2023-24
Annual base franchise fee per taxicab company - set by ordinance $ 5,000.00 Annual franchise fee per vehicle in taxicab fleet - set by ordinance $ 452.00 New vehicle permit fee $ 135.78
Transfer vehicle permit fee $ 135.78
Renewal vehicle permit fee $ 81.47
Replacement vehicle permit fee $ 43.45
Vehicle re-inspection fee $ 54.31
New and renewal taxicab driver’s permit application fee $ 54.31 Taxicab driver’s permit re-examination fee $ 74.92
Taxicab driver’s permit transfer fee $ 74.92
Taxicab driver’s permit replacement fee $ 54.31
Mileage Rates-flag drop, first 1/9th mile $ 3.50
Mileage Rates - each additional 1/9th mile1
$ 0.40
Mileage Rates - each 37 seconds waiting/delay2
$ 0.40
Airport Flat Rates - North of I-10 to Los Angeles International Airport $ 45.00 Airport Flat Rates - South of I-10 to Los Angeles International Airport $ 40.00 Santa Monica to Bob Hope Airport $ 95.00
Fees are not subject to the City's annual Administration revision and increase.

NOTES:

1. Franchisee and Vehicle Franchise fees are due on January 1st of each year.

2. Vehicle permit renewal fees are due on or before December 31st of each year.

6. Senior Citizens (persons age 65 and older) and persons with disabilities (including persons with a Los Angeles County Transit Operators Association Metro Disabled Identity Card) shall be given a ten percent (10%) taxicab fare discount. The discount shall apply to all destinations and trips.
1 The fee for FY 2023-24 is shown in the amount that is charged to the customer - 1/9th of a mile.
2 The fee for FY 2023-24 is shown in the amount that is charged to the customer - each 37 seconds of delay.

3. Driver permit renewal fees are due between November 1st and December 31st of each year.

4.New taxicab driver permit fees shall be prorated monthly based on the number of calendar months remaining until the permit expires in accordance with Santa Monica Municipal Code Section 6.49.050(d).

5. If a due date falls on a weekend day or holiday, the due date is the next City of Santa Monica business day following the due date.

Taxicabs M - 1

11.A.d
Packet Pg. 611 Attachment: Attachment D-Master Fees Resolution [Revision 1] (5990 : Fiscal Year 2022-23 Year-End Budget Review) Exhibit N - Department of Transportation: Pedicabs
Service Fee as of 7/1/23 Unit
New & Renewal Operators Permit Fee1 $ 263.27
Pedicab Vehicle Decal Permit Fee:

New pedicab vehicle permit fee $ 151.21
Transfer pedicab vehicle permit fee $ 151.21
Renewal pedicab vehicle permit fee $ 68.84
Replacement pedicab vehicle permit fee $ 48.59
Pedicab vehicle re-inspection fee $ 37.79
Pedicab Beach Bike Path Decal $ 18.29 per decal
1 Fee is suspended until further notice.

N-1

11.A.d
Packet Pg. 612 Attachment: Attachment D-Master Fees Resolution [Revision 1] (5990 : Fiscal Year 2022-23 Year-End Budget Review) Exhibit O – Recreation and Arts
(formerly Community Services) Program Fees
Fees as of 7/1/23. Per the resolution, fees in this exhibit are not subject to the annual administrative revision and increase unless otherwise noted.

Programs O - 1
A. Community Aquatics:
(1) Recreational and Fitness Swim
Youth1 Adult2 Senior/Student3 Family4
Daily Use
- Residents $2.00 $4.50 $2.25
- Non-Residents $4.00 $9.00 $4.50
Family Use (per day)
- Residents n/a n/a $10.25
- Non-Residents n/a n/a $20.50
Swim Pass (20 swims per pass)
- Residents $25.00 $68.25 $37.50
- Non-Residents $50.00 $137.00 $75.00
1Youth (17 years and under)
2Adults (18 years – 59 years) 3Others: Seniors (60 years and over); Students (18 years or older attending high school, college or trade school full-time with I.D.) 4Family (up to 2 adults and 2 children, additional children admitted at swim center rate) Available Friday night, Saturday and Sunday
(2) Adult and Youth Group Swim Lessons:
a) Residents $53.00 per session
b) Non-residents $105.00 per session
(3) Youth Semi-Private Swim Lessons:
a) Residents $91.00 per session
b) Non-residents $183.00 per session
(4) Specialty Classes: Resident Non-Resident
a) Junior Lifeguard Program $132.00 $166.00
b) Lifeguard Training $221.00 $259.00
c) Water Safety Instructor $275.00 $313.00
d) Diving & Water Polo $ 106.00 $210.00
(5) Aquatics Supplies Fees: Fees will be assessed to cover the actual cost of the items and a portion of administrative expenses.
(6) Shark Youth Swim Team:
a) Residents $144 per session
b) Non-residents $202 per session
*$5.00 Material Fee for Sharks
(7) Fitness Classes: Fees for Shallow or Deep Water Wet Workout/Aqua Aerobics and Fitness Classes
Resident Non-Resident
a) Adult $ 6.00 $12.00
b) Adult Fitness Class Pass* $53.00 $105.00
c) Senior/Student $ 3.00 $ 6.00

11.A.d
Packet Pg. 613 Attachment: Attachment D-Master Fees Resolution [Revision 1] (5990 : Fiscal Year 2022-23 Year-End Budget Review) Exhibit O – Recreation and Arts
(formerly Community Services) Program Fees
Fees as of 7/1/23. Per the resolution, fees in this exhibit are not subject to the annual administrative revision and increase unless otherwise noted.

Programs O - 2
d) Senior/Student Fitness Pass* $27.00 $53.00
*Passes are good for 10 classes, and are non-refundable, non-transferable and non-interchangeable. (8) Aquatics Staffing Fee:

Aquatic Staffing fees shall be billed to the applicant in 30-minute increments for each staff on duty for the duration of the reservation. Fees for staff services are charged to the organization(s) utilizing aquatics facilities outside normal operating hours. Staffing fees are billed in addition to lane rental fees.

Staffing Fee
Hourly
Rate
Swim Instructor/Lifeguard $21.69
Chief Pool Lifeguard $26.37
Guest Services Assistant $24.12
Aquatics Program Coordinator $32.98
* The number of City Aquatic Staff required for an activity or event shall be based on the City’s Aquatics Supervision Standards and may require additional program, facility, or maintenance personnel due to the size or nature of the event. Lifeguard services are defined as on-deck supervision of water activities by City lifeguards. This will be determined at the time of application approval. **This fee may be divided if there are two or more permittees utilizing the facility at one time. ***Permits outside of regular operating hours must be a minimum of 2 hours, with the exception of those permits that are in conjunction with/adjacent to current operating hours. ****The hourly rates for staff are subject to the annual administrative revision and increase.

B. Community Activities:

Gym User Fee: The fees charged for gym use shall help offset the cost of staffing, lights, maintenance and equipment, and shall be as follows:
1Adults (18-49 years old) 2Seniors (50 and older)
C. Tennis Court Reservation Rate: City park and Santa Monica High School Courts when used by the City pursuant to agreements with the Santa Monica-Malibu Unified School District are reserved. (1) Resident Hourly rates (payable in advance) $4.00 per hour, per person, per court Non-resident Hourly rates $5.00 per hour, per person, per court Youth Adult1 Seniors2
Daily Use Pass
- Resident $1.50 $3.00 $1.50
- Non Resident $1.50 $4.50 $3.00
Quarterly Passes
- Resident $15.00 $33.00 $16.00
- Non Resident $20.00 $40.00 $20.00

11.A.d
Packet Pg. 614 Attachment: Attachment D-Master Fees Resolution [Revision 1] (5990 : Fiscal Year 2022-23 Year-End Budget Review) Exhibit O – Recreation and Arts
(formerly Community Services) Program Fees
Fees as of 7/1/23. Per the resolution, fees in this exhibit are not subject to the annual administrative revision and increase unless otherwise noted.

Programs O - 3
(2) Resident Quarterly passes are valid for 91 days from the date of purchase:
a) Youth (17 years and under) $22.00
b) Adults (18 years – 59 years) $65.00
c) Seniors (60 years and over) $22.00
(3) Resident Tennis Reservation Cards $14.00
(4) No Show Fee $4.00 per hour
No Show Fee (instructors) $8.00 per hour
(no shows or cancellation less than 24 hours in advance of scheduled time)

(5) Independent Instructor court fee:

Number of students: 1-3 $17.00 per hour
$ 8.75 per ½ hour
Number of students: 4-7 $25.00 per hour
$12.50 per ½ hour
Group lessons of more than 4 are only allowed through the City’s Community Programs Division.
(6) Santa Monica – based Private Schools $11.00 per hour per court (7) Santa Monica –based Non-Profit Organizations $11.00 per hour per court waived for youth organizations
(8) Ball Machine Fee $14.00 per hour
D. Camp Programs:

Day/Sports Camps
- Resident Full Day $450
- Resident Half day $280
- Non Resident Full day $500
- Non Resident Half day $310
- Extended Care $70
E. SM Adaptive Recreation and Sports Social Programs: A fee will be assessed to cover the direct cost of the activity.

F. Adult Sports Leagues: A fee will be assessed to cover costs for supplies and a portion of administrative expenses. Officiating fees are additional and paid directly to officials.

Team Fee per Season Residents
Residents / SM
Workers
NonResidents
Basketball $354 $401 $441
Volleyball $268 $307 $334
Softball – Men’s $500 $579 $648
Softball – Women’s $420 $483 $546

11.A.d
Packet Pg. 615 Attachment: Attachment D-Master Fees Resolution [Revision 1] (5990 : Fiscal Year 2022-23 Year-End Budget Review) Exhibit O – Recreation and Arts
(formerly Community Services) Program Fees
Fees as of 7/1/23. Per the resolution, fees in this exhibit are not subject to the annual administrative revision and increase unless otherwise noted.

Programs O - 4
Softball – Co-ed $477 $548 $617
Softball – Tournament $241 $272 $305
Registration Priority and Definitions
1) Resident Teams – At least 60% of players must live in Santa Monica 2) Residents/SM Workers – At least 60% of players must live or work in Santa Monica. 3) Non-Resident Teams – Less than 60% of players live or work in Santa Monica G. Drop-in Soccer Program: The fees charged for field use shall help offset the cost of staffing, lights, maintenance and equipment, and shall be as follows:

Youth Adult1 Seniors2
Daily Use Pass
- Resident $1.00 $3.00 $1.00
- Non Resident $1.00 $5.00 $2.00
1Adults (18-49 years old)
2Seniors (50 and older)
H. Skate Park Fees: A fee will be assessed to cover supplies and a portion of administrative expenses. 1 Valid 91 days from date of purchase
I. Memorial Park Fitness Room Fees
(1) $ 4.00 per entry residents
(2) $ 6.00 per entry non-residents
(3) $26.00 4 week pass – resident
(4) $35.00 4 week pass – non-resident
(5) $ 2.00 Seniors - per entry residents
(6) $ 3.00 Seniors - per entry non-residents
(7) $13.00 Seniors - 4 week pass – resident
(8) $17.00 Seniors - 4 week pass – non-resident
(9) $11.00 per hour personal training permit (1-2 clients) One-Time Registration Youth Adult
- Resident $10.00 $15.00
- Non Resident $10.00 $16.50
Daily Pass
- Resident Skate Park & BMX $3.00 $5.00
- Non-Resident Skate Park & BMX $5.00 $5.50
Quarterly Pass1
- Resident Skate Park $20.00 $35.00
- Non-Resident Skate Park $20.00 $38.50
- Resident BMX $10.00 $20.00
- Non-Resident BMX $10.00 $25.00
Annual Pass
- Resident Skate Park $80.00 $140.00
- Non Resident Skate Park $80.00 $154.00
- Resident BMX $35.00 $75.00
- Non-Resident BMX $35.00 $95.00

11.A.d
Packet Pg. 616 Attachment: Attachment D-Master Fees Resolution [Revision 1] (5990 : Fiscal Year 2022-23 Year-End Budget Review) Exhibit O – Recreation and Arts
(formerly Community Services) Program Fees
Fees as of 7/1/23. Per the resolution, fees in this exhibit are not subject to the annual administrative revision and increase unless otherwise noted.

Programs O - 5
(10) $ 5.00 per ½ hour personal training permit (1-2 clients) J.Activity Passport Replacement Card
(1) $ 1.00 Residents
(2) $ 2.00 Non-Residents
(3) $ 1.00 Employee Fitness Pass
K. Pickleball
(1) $3.00 Residents
(2) $5.00 Non-Residents
L. Community Classes Administration Fee
$5.50 per class registration
NOTES:

Administrative, registration, and materials fees may be assessed for all social service, recreation and community programs, classes and services that are listed.

Fees to be charged for social service, recreation and community programs which are not listed shall be determined by the Housing and Human Services Director or Recreation and Arts Director and shall be based upon the costs incurred in providing the program.

Fee reductions, waiver, or reasonable and customary payment plans may be approved administratively to promote community access to special events and other social and recreational programming.

Beach parking fees will be waived:

A. For registered participants of City classes occurring at the beach and Ocean View Tennis Courts for the duration of the class.

B. To allow time for drop-off and pick-up of registered participants of City youth camps occurring at the beach.

C. For City-authorized contractors and their employees while conducting City activities at the beach and Ocean View Tennis Courts.

11.A.d
Packet Pg. 617 Attachment: Attachment D-Master Fees Resolution [Revision 1] (5990 : Fiscal Year 2022-23 Year-End Budget Review) Exhibit P1: Recreation and Arts (formerly Community Services)

COMMUNITY MEETING ROOMS
Maximum Capacity Hourly Rate
Effective 7-1-23
18-60 $33.00
90-130 $67.00
18-60 $47.00
90-130 $95.50
18-60 $16.50
90-130 $33.00
Must have at least 50% Santa Monica residents.

Large rooms available at:

Joslyn Park
Marine Park
Reed Park
Virginia Avenue Park
NOTES:

1. 2.

3. 4.

5. 6.

7. 8.

9. 10.

11. 12.

Reed Park: 1150 Lincoln Blvd.

Memorial Park: 1401 Olympic
Euclid Park: 1525 Euclid Street
Insurances as determined by the City's Risk Manager may be required.

Park building rooms are not available for commercial ventures.

Douglas Park: 2439 Wilshire Blvd.

Joslyn Park: 633 Kensington
Marine Park: 1406 Marine Street
Virginia Avenue Park: 2200 Virginia Avenue
Euclid Park
Joslyn Park
Memorial Park
Reed Park
Virginia Avenue Park
Large
Large
Park Building Rental Charges
Room Size
Residents :

Small
Rental Fees as of 7-1-23. Fees in this exhibit are not subject to the annual administrative revision and increaseunless otherwise noted.

Small rooms available at:

Douglas Park
Non-Residents:

Small
Large
Santa Monica based non-profit organizations:

Small
Normal room rental hours of operation are 8:00 a.m. - 11:00 p.m. daily, excluding City Holidays.

Virginia Avenue Park room rental hours of operation are: Saturday & Sunday from 8am - 10pm.

A rental charge of $2.69/hr up to 20 hr/week will be assessed to the Santa Monica Lawn Bowling Club for use of the Douglas Park Clubhouse. Hours above 20 hours per week will be charged the Douglas Park Clubhouse facilities rental rate.

Based on availability, a staffing fee of $21.52 (FY 2023-24 rate) per hour will be assessed for usage outside of operating hours.

Capacities vary by facility depending upon square footage, placing of exits, amount of furniture and equipment in the room. Listed capacities are an approximation.

Rates for filming in park buildings are listed in a separate list.

Facility permits are issued according to the facility permitting guidelines. User categories are defined in exhibit P8 of this resolution.

Rental rate waivers may be available for collaborative programs with the City, City sponsored programs, and SM based non-profit youth groups.

Non-SM rates for Reed Park are the same as SM rates due to Proposition A funding requirements.

Staffing fees shall be subject to the annual administrative increase set forth in this Resolution.

P1-1

11.A.d
Packet Pg. 618 Attachment: Attachment D-Master Fees Resolution [Revision 1] (5990 : Fiscal Year 2022-23 Year-End Budget Review) Exhibit P2: Housing and Human Services (formerly Community Services) Chairs only Chairs/Tables
18' x 26' 40 24/4 - 30/5 $ 28.00 $ 21.00
20' x 30' 50 24/4 - 30/5 $ 28.00 $ 21.00
$ 57.00 $ 42.00
NOTES

1. 2.

3. 4.

5. 6.

7. 8.

9. 10.

Filming rates are listed in a separate list.

Staffing fees shall be subject to the annual administrative increase set forth in this resolution.

Insurances as determined by the City's Risk Manager may be required.

Rental Fees as of 7-1-23. Fees in this exhibit are not subject to the annual administrative revision and increase-unless otherwise noted.

The rental rates indicated above are per hour of use.

Permits requested on City holidays will be granted dependent upon staffing availability. A staffing fee will be assessed in addition to the rental fee. City holidays are: New Year's Eve, New Year's Day, Martin Luther King Day, Presidents Day, Memorial Day, Independence Day, Labor Day, Thanksgiving & day after, Christmas Eve and Christmas Day.

Capacity varies depending upon square footage, placing of exits, amount of furniture and equipment in the room. Listed capacities are an approximation.

Definitions for user groups are stated in Exhibit P7 of this resolution.

Rental rate waivers may be available for City funded non-profit organizations and SM neighborhood groups.

The Ken Edwards Center is not available for commercial ventures.

Hourly Rate
7-1-22
Non-profit
Sr Services 7-1-22
Ken Edwards Center hours are Mon - Thur. 8:00 a.m. - 10:00 p.m., Fri. & Sat. 8:00 a.m. - 5:00 p.m. Uses outside of these times will require a staffing fee of $21.52 (FY 2023-24 rate) per hour, based on availability.

Ken Edwards Center Rental Charges
103 or 104 or 105
100 A
100 A & B
Room
Capacity
Approximate
Dimensions
Ken Edwards Center P2-1

11.A.d
Packet Pg. 619 Attachment: Attachment D-Master Fees Resolution [Revision 1] (5990 : Fiscal Year 2022-23 Year-End Budget Review) Exhibit P3a: Recreation and Arts (formerly Community Services) Low
Intensity *
High
Intensity ** Lights Half Full
$ 2.00 $ 4.00 $ 4.00 $ 52.00 $ 94.00 $ 13.00
$ 16.00 $ 24.00 $ 16.00 $ 52.00 $ 94.00 $ 13.00
$ 33.00 $ 40.00 $ 33.00 n/a n/a $ 36.00
$ 4.00 $ 8.00 $ 7.00 $ 76.00 $ 134.00 $ 16.00
$ 24.00 $ 33.00 $ 24.00 $ 76.00 $ 134.00 $ 16.00
$ 40.00 $ 49.00 $ 39.00 n/a n/a $ 73.00
FY 2022-23 FY 2023-24 FY 2024-25 Per Court
$ 11.00 $ 11.00 $ 11.00 per hour
$ 16.00 $ 16.00 $ 16.00 per hour
$ 33.00 $ 33.00 $ 33.00 per hour
$ 26.00 $ 26.00 $ 26.00 per day

1. 2.

The above field rental fees are in effect for the following field locations during the hours indicated:

Clover Park 8:00am - 10:00pm Marine Park 8:00am - 10:00pm 2600 Ocean Park Blvd. daily 1406 Marine Street daily
Memorial Park 8:00am - 10:00pm Gandara Park  (no lights) 8:00am - dusk 1401 Olympic Blvd. daily 1819 Stewart Street daily
Los Amigos (no lights) 3:00pm - dusk John Adams Middle School 5:00pm - 10:00pm 500 Holister Avenue school yr, weekdays 16th and Ocean Park Blvd. school yr, weekdays 8:00am - 10:00pm 8:00am - 10:00pm
weekends & Summer weekends & school breaks
Airport Park 8:00am - 10.30pm Franklin Elementary 9:00am - dusk 3201 Airport Park Drive daily 2400 Montana Avenue Saturdays Grant Elementary 9:00am - dusk Roosevelt Elementary 9:00am - dusk 2368 Pearl Street Saturdays 801 Montana Avenue Saturdays McKinley Elementary 9:00am - dusk Rogers Elementary 9:00am - dusk 2401 Santa Monica Blvd. Saturdays 2401 14th Street Saturdays Lincoln Middle School; 5pm-10pm school yr, weekdays Historic Belmar Park 8:00am - 10:30pm 1501 California Ave. 8am-10pm weekends & school breaks 1840 4th Street daily Edison Elementary 9:00am - dusk
2402 Virginia Ave. Saturdays
Beach Volleyball Court Locations
Ocean View North: 2400 Barnard Way adjacent to Parking Lot 4 1640 Appian Way: adjacent to Parking Lot 1
810 PCH (Sorrento): adjacent to Parking Lot 8
445 PCH: adjacent to Parking Lot 10
** High Intensity sports include soccer, football, rugby, field hockey, lacrosse, frisbee Ocean View South: 2600 Barnard Way adjacent to 1150 PCH: adjacent to Parking Lot 3 * Low Intensity sports include baseball, softball, kick-ball Categories
Commercial -Seasonal Use
Commercial - Occasional Use
Tournament Rate
Non-Profit Organizations, Private Schools, and
Community Groups/Individuals
Camps
Beach Volleyball & Soccer Courts
Non-Residents
Memorial Gym Effective
7/1/23
All permittees; no show or cancellation within 3 days
(72 hours) prior to their permitted time or do not
show up for their permitted time.

Non-Profit Organizations, Private Schools, NonResidents Public Schools and Community Groups/Individuals
Field Rentals Effective 7/1/23
$25 per hour penalty fee for permitted
time
Field Rental Late Cancellation or No Show Penalty
Outdoor Basketball
Court Effective 7/1/23
Sports Facilities Rental Charges
Fields, Gymnasium, Basketball and Beach Soccer & Volleyball Courts, Concession Stands and Storage The Artificial Turf Staffing Fee at Airport Park will continue to be waived for SM Public Schools (K - 12). For all other groups, an hourly staffing fee of $33.61 (FY 2023-24 rate) will be assessed for usage of all artificial turf and natural grass fields (FSAC groups only, depending on seasonal demand).

Staffing fees shall be subject to the annual administrative increase set forth in this resolution.

Rental Fees as of 7-1-23.  Fees in this exhibit are not subject to the annual administrative revision and increase-unless otherwise noted.

Camps
Residents:

Youth Groups
Youth Groups
Schools/Non-Profits/Community
Fees Per Hour
P3a-1

11.A.d
Packet Pg. 620 Attachment: Attachment D-Master Fees Resolution [Revision 1] (5990 : Fiscal Year 2022-23 Year-End Budget Review) Exhibit P3b: Recreation and Arts (formerly Community Services) FY 2023-24 Rental Rate: $471.79 per month
Parks School sites
Los Amigos Franklin Elementary
Memorial Grant Elementary
Clover Roosevelt Elementary
Gandara John Muir Elementary
Marine Rogers Elementary
Airport
Historic Belmar
FY 2023-24 Rental Rate: $1.25 per square foot per month

1. 2.

3. Sports Facilities Rental Charges - Field Concession Stands /Storage Storage Facilities
Storage Facilities can be found at the following parks and school sites:

Concession Stands
Memorial Park and Los Amigos Park
Youth Sports Groups holding seasonal permits.

Rental Rate not applicable for City programs.

Rental Fees as of 7-1-23
NOTES:

Youth Sports Groups and Private Schools holding seasonal permits Rental Rate not applicable for City programs.

Storage areas and square footage are stated on the Field Storage sheet.

Concession and storage charges shall be subject to the annual administrative increase set forth in this resolution.

Groups may be permitted use of storage facilities and concession stands only during seasonal permit time for the permitted sport. User may be required to share with other organizations and not have exclusive use.

P3b-1

11.A.d
Packet Pg. 621 Attachment: Attachment D-Master Fees Resolution [Revision 1] (5990 : Fiscal Year 2022-23 Year-End Budget Review) Exhibit P4: Recreation and Arts (formerly Community Services) NP /Student /
Educational
Effective 7/1/23
Motion Still Motion/Still
Daily Daily Daily
Club House $ 471.35 $ 268.96 $ 67.50
Craft Room $ 471.35 $ 268.96 $ 67.50
CAB 1/3 $ 471.35 $ 268.96 $ 67.50
Craft Room $ 471.35 $ 268.96 $ 67.50
Aud. East or Aud. West $ 471.35 $ 268.96 $ 67.50
Card Room $ 471.35 $ 268.96 $ 67.50
Patio $ 471.35 $ 268.96 $ 67.50
Meeting Rm $ 471.35 $ 268.96 $ 67.50
Auditorium $ 675.05 $ 404.77 $ 101.24
Auditorium $ 675.05 $ 404.77 $ 101.24
CAB 2/3 $ 675.05 $ 404.77 $ 101.24
CAB Full $ 675.05 $ 404.77 $ 101.24
Auditorium Full $ 675.05 $ 404.77 $ 101.24
Addition $ 675.05 $ 404.77 $ 101.24
Auditorium $ 675.05 $ 404.77 $ 101.24
Auditorium $ 675.05 $ 404.77 $ 101.24
Small Meeting Room $ 471.35 $ 268.96 $ 67.50
100A & 100B $ 675.05 $ 404.77 $ 101.24
103 - 105 $ 675.05
Euclid Park, East or West Room $ 471.35
NP / Student /
Educational
Motion Still Motion/Still
Daily Daily Daily
Full Gymnasium $ 2,159.67 $ 1,011.94 $ 675.05
1/2 Gymnasium $ 1,079.83 $ 505.30 $ 337.51
The Cove, SM Skatepark $ 2,159.67 $ 1,011.94 $ 675.05
Ballfield No lights $ 471.35 $ 336.87 $ 135.00
Ballfield With Lights $ 471.35 $ 336.87 $ 135.00
Basketball Court $ 471.35 $ 336.87 $ 135.00
Tennis Court $ 471.35 $ 336.87 $ 135.00
Beach Volleyball Courts $ 471.35 $ 336.87 $ 135.00

1. 2.

3. 4.

5. 6.

7. 8.

Douglas Park
Joslyn Park
Memorial Park
Senior Rec. Cntr
Memorial Park
Reed Park
Reed Park
Senior Rec. Cntr
Virg Ave. Park
Joslyn Park
Marine Park
Memorial Park
Memorial Park
Facility Filming Rental Charges
Rental Fees as of 7-1-23
Building Room
Virg Ave. Park
Ken Edwards
Euclid Park
Location Sports Facilities
Reed Park
Senior Rec. Cntr
Various Parks
Various Parks
SM State Beach
Filming Effective 7/1/23
Filming
Memorial Park
Memorial Park
Memorial Park
Various Parks
Various Parks
NOTES:

Additional charges may be assessed for damage to the facility interior, exterior or its furnishings.

Daily rate constitutes an eight (8) hour day depending upon availability by location.

Facility Filming Rental Charges shall be subject to the annual administrative increase set forth in this resolution.

These charges are in addition to any permits or licenses required for conducting business or filming in the City of Santa Monica.

Additional compensation may be required for filming in the event a scheduled activity or permit is displaced.

Rates for Sports Facilities vary depending upon use of lights, necessary staffing, City sponsorship, type of use.

Insurances as determined by the City's Risk Manager may be required.

A staffing fee of $21.51 (FY 2023-24 rate) hour will be assessed for facility usage outside of normal operating hours and shall be subject to the annual administrative increase set forth in this resolution.

Facility Filming Rentals P4-1

11.A.d
Packet Pg. 622 Attachment: Attachment D-Master Fees Resolution [Revision 1] (5990 : Fiscal Year 2022-23 Year-End Budget Review) Exhibit P5: Recreation and Arts (formerly Community Services)

1. Non-Profit Youth Aquatics Program
Short Course
FY2023-24
Long Course
FY2023-24
Santa Monica Based $ 6.00 $ 12.00 per lane per hour
Non-Santa Monica Based $ 12.00 $ 24.00 per lane per hour

2. Non-Profit Adult Aquatics Program and Private Schools Santa Monica Based $ 11.00 $ 22.00 per lane per hour
Non-Santa Monica Based $ 22.00 $ 44.00 per lane per hour

3. Other Organizations and Businesses
Santa Monica Based $ 23.00 $ 46.00 per lane per hour
Non-Santa Monica Based $ 46.00 $ 92.00 per lane per hour

4. Tournaments - Fitness Pool Only
Santa Monica Based Non-profit Youth Aquatics Group $ 225.00 per hour Santa Monica Based Non-profit Adult Aquatics Group $ 375.00 per hour

5. Room Rental (2 hour minimum)
April - October
Santa Monica-based Non-profit Groups & Community Groups $ 90.00 per hour Non-Santa Monica-based Non-profit and Community Groups $ 114.00 per hour November - March
Santa Monica-based Non-profit Groups & Community Groups $ 50.00 per hour Non-Santa Monica-based Non-profit and Community Groups $ 75.00 per hour

6. Filming Fees
Motion Still
Splash or Fitness Pool $ 500.00 $ 300.00
Per Lane Rate $ 64.00 $ 32.00
Deck Only Rate $ 300.00 $ 150.00

1. 2.

3. 4. These fees are in addition to any permits or licenses required for conducting filming in the City of Santa Monica. Per lane usage is permitted only if lanes are rented when the facility is already in use. Additional compensation may be required for filming in the event a scheduled activity or permit is displaced. Additional fees may be assessed for damage to the facility interior or exterior. Pool rental fees are based on the usage of the pool requested and the Sun Deck with Meeting Room if available. Per lane rental and deck only rentals do not include use of the Meeting Room. Room rental fees apply.

Santa Monica Aquatics Facility - Rental Charges
Rental Fees as of 7/1/23; Fees is this exhibit are not subject to the annual administrative revision and increase.

Category
FY2023-24
FY2023-24
Hourly rates FY2023-24
FEE CATEGORY NOTES:

Aquatics groups (teams and clubs) only; must have 50% residency participation to be Santa Monica based.

Aquatics groups (teams and clubs) only; must have 50% residency participation to be Santa Monica based. Includes Santa Monicabased primary and secondary private schools.

Includes room rental, staff facility supervision and recreational swim for up to 20 youth for parties. The City will not provide catering, decorations or direct staff involvement in leading activities.

Swim Center Rentals P5-1

11.A.d
Packet Pg. 623 Attachment: Attachment D-Master Fees Resolution [Revision 1] (5990 : Fiscal Year 2022-23 Year-End Budget Review) Exhibit P6-Recreation and Arts (formerly Community Services) Rental Fees as of 7-1-23.  Fees in this exhibit are not subject to the annual administrative revision and increase-unless otherwise noted.

Douglas Park Lawn Bowling Green1
Annual Maintenance Charge FY2023-24
$ 2,356.78
FY2023-24
Residents (up to 150 people) $ 77.00 per 4-hour block
each additional hour $ 18.00 per hour
Non-Residents (up to 150 people) $ 116.00 per 4-hour block each additional hour $ 27.00 per hour
$ 6,769.04

1. Fee subject to the City's annual administrative revision and increase.

NOTES:

Group BBQ/Picnic areas
Groups over 150 people must apply for a Community Events Permits.

Use of the Douglas Park Lawn Bowling Green is currently permitted to the Santa Monica Lawn Bowling Miscellaneous Facilities and Fees
Cultural Arts Development Requirement Application Processing Fee1 Miscellaneous Facilities Rentals P6-1

11.A.d
Packet Pg. 624 Attachment: Attachment D-Master Fees Resolution [Revision 1] (5990 : Fiscal Year 2022-23 Year-End Budget Review) EXHIBIT P7: Recreation and Arts (formerly Community Services) – Facility User Categories P7-1

CITY OF SANTA MONICA

FACILITY USER CATEGORIES
PARK BUILDING USER CATEGORIES (see Exhibit P1)
Permits for Park Building Meeting Rooms shall be granted according to the user categories listed below in priority order:

City Programs, Events and Meetings
The City of Santa Monica conducts meetings and offers a range of programs and events for youth, adults and persons with disabilities. These programs and events are offered by the Recreation and Arts and the Housing and Human Services Departments (formerly Community Services) which has first priority use of the Park Building Meeting Rooms.

Rental fees are not applicable.

Santa Monica-based Non-Profit Groups/Organizations
Santa Monica has a wide network of non-profit organizations with 501(c)3, 501(c)4 or 501 (c) 6 non-profit status. These groups provide a range of human services, education and recreational programs and events to Santa Monica residents. They may serve the general public or special user groups such as seniors, youth, or persons with disabilities. These programs may be free, or attendees may pay a fee for service, a membership fee or a voluntary donation. At least 50% of the organization’s members must be Santa Monica residents. To be in this user category, the organization must be in good standing with the State of California, verified annually. Self-help groups are exempt from the State verification and at least 50% of meeting attendees must be Santa Monica residents. This category also includes governmental agencies. Insurance as determined by the City’s Risk Manager may be required.

Santa Monica Residents
Informal community groups or individuals that do not have tax-exempt non-profit status and are not a business entity but provide community services or citizen participation opportunities to Santa Monica residents are in this category. These events may be

11.A.d
Packet Pg. 625 Attachment: Attachment D-Master Fees Resolution [Revision 1] (5990 : Fiscal Year 2022-23 Year-End Budget Review) EXHIBIT P7: Recreation and Arts (formerly Community Services) – Facility User Categories P7-2
meetings, social events or educational or recreation activities. Events and meetings are either offered free or an unspecified voluntary donation may be requested to cover the costs of the event or meeting. The permit applicant must be a Santa Monica resident.

Insurance as determined by the City’s Risk Manager may be required.

Non-Santa Monica-based Community Groups and Individuals These users are non-profit organizations without 50% or more attendees being Santa Monica residents or meet the definition of the Santa Monica Residents category however the permit applicant is not a Santa Monica resident.

KEN EDWARDS CENTER (KEC) USER CATEGORIES (see Exhibit P2) Permits for Ken Edwards Center shall be granted according to the Ken Edwards Center Permitting Guidelines. User categories are defined below.

Non-Profit Organizations
501(c)3 or 501(c)4 non-profit community-based organizations, that are funded through the Human Services Grants Program, Cultural Arts Organizational Support Grant Program, or CO-Arts Grant Program of the City of Santa Monica; plus approved Santa Monica neighborhood groups are allowed use of the KEC at no charge for 300 meeting hours each fiscal year. Agencies using more than 300 hours during any fiscal year will be charged the non-profit/community rental fee for those hours over 300. Other 501(c)3 or 501(c)4 non-profit human services organizations meeting the human services needs of Santa Monica residents but not funded directly by the City are charged the nonprofit/community rate. Insurance as determined by the City’s Risk Manager may be required.

Non-Profit Senior Service Organizations
Non-profit organizations with 501(c)3 or 501(c)4 status, not funded by the City of Santa Monica, that provide senior programming consistent with the City’s Housing and Human Services Division and meet the needs of Santa Monica’s senior citizens are in this

11.A.d
Packet Pg. 626 Attachment: Attachment D-Master Fees Resolution [Revision 1] (5990 : Fiscal Year 2022-23 Year-End Budget Review) EXHIBIT P7: Recreation and Arts (formerly Community Services) – Facility User Categories P7-3
category. To encourage a full range of senior services, these organizations shall be charged the non-profit Senior Services rate. Insurance as determined by the City’s Risk Manager may be required.

Community Groups
Those organizations without 501(c)3 or 501(c)4 status convening meetings with a focus on human service issues that will benefit low and moderate-income Santa Monica residents are included in this category. These meetings are free of charge and open to the public. An unspecified voluntary donation may be collected to cover the costs of having the meeting. Such groups are charged the non-profit/community group rental fee.

Non-profit organizations conducting fund raising events are also in this category.

Insurance as determined by the City’s Risk Manager may be required.

Filming (See Exhibit P4)
Companies or individuals desiring to take still or motion pictures in Ken Edwards Center are in this category. A film permit must be obtained from the City of Santa Monica in addition to a Ken Edwards Center rental permit. Insurance as determined by the City’s Risk Manager may be required.

SPORTS FACILITIES USER CATEGORIES (see Exhibit P3a)
Permits for fields will be issued in accordance with the Field Permitting Guidelines.

Youth Sports Groups
Community–based athletic non-profit organizations or sports groups with multiple teams and an established program that provides a continuum of opportunities to ensure diversity of users or the full range of skill levels are in this category. Groups must demonstrate that 60% of their participants live in Santa Monica to receive the resident rate. Insurance as determined by the City’s Risk Manager may be required. To be in this user category, verification of good standing with the State of California is required annually.

11.A.d
Packet Pg. 627 Attachment: Attachment D-Master Fees Resolution [Revision 1] (5990 : Fiscal Year 2022-23 Year-End Budget Review) EXHIBIT P7: Recreation and Arts (formerly Community Services) – Facility User Categories P7-4
Primary and Secondary Private Schools
Primary and secondary private schools offering sports programs are in this category.