Agenda packet, second session — Santa Monica City Council, October 8, 2024 (part 2 of 6)

Special district formation proceedings involving the creation of a special use or benefit to the person in the district
Tentative subdivision and parcel maps
Zoning variances
Vacation of a public easement across private property
Pre-applications, such as for General Plan Amendment, considered by the legislative body prior to filing of formal application
Contracts entered under the City Manager’s Authority
Closed session items that may result in a contract/settlement agreement approved by Council (real estate or litigation)
It does not apply to:

Purely ministerial decisions
General policy decisions or rules where the interests affected are many and diverse
Ordinances and resolutions (except items like development agreements adopted by ordinance)
Ballot measures
Departmental policies
Council rules
Contracts awarded to the lowest responsive/responsible bidder (not applicable in Santa Monica)
Labor contracts and project labor agreements
Personal employment contracts
Allocation of resources in the City budget

2. Who is required to disclose?
A “party” to a proceeding is any person who files an application for, or is the subject of, a proceeding. In general, a person or company who applies for a permit, license, or right to use property in a particular way, which requires the City’s discretionary approval, will qualify as a party.

Parties are also required to disclose contributions by their agents. An “agent” is someone who (1) represents a party to a proceeding for compensation; and (2) appears before or otherwise communicates with the City for the purpose of influencing the pending proceeding. This can include law firms, architects, engineers, consultants, and similar entities. Both the individual and their employer or firm are considered “agents.” A party should also disclose contributions of other entities majority owned by the party, as well as contributions of any other entity whose contributions it directs or controls.

3. What must be disclosed?
A party must disclose campaign contributions over $250 made in the prior twelve months.

A “contribution” is anything of value for which the party has not received full consideration, including money, nonmonetary items, payments made for advertising or

5.D.e
Packet Pg. 246 Attachment: Tyler Technologies - Levine Act Disclosure Form (2024) (6574 : Approval of First Modification to Tyler Technologies Agreement for

Page 3 ends

other expenses coordinated with a candidate or committee, loans, tickets to political fundraisers, etc.

4. Who is considered an officer of the City?
An “officer” is anyone who may make, participate in making, or attempt to influence a decision in the proceeding or who exercises authority over officers who may do so. This includes elected officials, members of appointed boards and commissions, the City Manager, and any individual who is a candidate for elected office or who has been a candidate in the twelve months prior to the decision. This definition is included on the Disclosure Form.

5. When should the disclosure occur?
The Disclosure Form must be completed (1) by a party to a contract with the City (or that party’s agent) at the time the party submits a response to a Request for Proposal or other competitive solicitation, enters into contract negotiations with the City, or executes a contract with the City, whichever is earliest; or (2) by a party to a license, permit, or other entitlement proceeding before the City at the time the party (or their agent) submits the license, permit, or entitlement application to the City. The party (or their agent) must submit a supplemental form if they make any new reportable contributions while the same contract, license, permit, or other entitlement is being considered. The party (or their agent) must also use the form if they need to correct any previously submitted form.

Parties are solely responsible for completing the form accurately, and could face penalties for failure to do so. The California Fair Political Practices Commission (FPPC) is the body who enforces violations of the Levine Act. If a party is uncertain about whether they are required to report or combine a contribution, they should consult with their attorney.

Nothing herein constitutes legal advice and individuals are urged to consult with their own attorney regarding the requirements of the law. To the extent there is any inconsistency, the language of the Levine Act and FPPC Regulations govern over this notice. Resources for officers, parties, participants, and agents, are available on the FPPC’s website at https://www.fppc.ca.gov/learn/pay-to-play-limits-and-prohibitions.html

5.D.e
Packet Pg. 247 Attachment: Tyler Technologies - Levine Act Disclosure Form (2024) (6574 : Approval of First Modification to Tyler Technologies Agreement for

5.D.e
Packet Pg. 248 Attachment: Tyler Technologies - Levine Act Disclosure Form (2024) (6574 : Approval of First Modification to Tyler Technologies Agreement for City Council
Report
City Council Meeting: October 8, 2024
Agenda Item: 5.E
1 of 3
To: Mayor and City Council
From: David Martin, Director, Administration
Subject: Adoption of Resolution Declaring Surplus Properties Recommended Action
Staff recommends that the City Council:

1. Adopt a Resolution declaring the seven City-owned parcels at Assessor Parcel Numbers (APNs) 4290-011-906 (“Apple Building”); 4290-011-903, 4290-011-904, 4290-011-905 (“Parking Lot 29”); and, APN 4290-011-901, 4290-011-902, 4290- 011-909 (“Expo Lot”) as surplus lands to comply with the Surplus Land Act.

2. Adopt a finding of categorical exemption pursuant to Section 15312 of the California Environmental Quality Act (CEQA) Guidelines and a finding of no possibility of significant effect on the environment pursuant to Section 15061(b)(3) of the CEQA Guidelines.

Summary
The California Surplus Land Act (Government Code 54220 et seq.) (the “SLA”) governs the disposition of local agency-owned properties. Under the SLA, local agency-owned properties must be declared “surplus” or “exempt surplus” by the legislative body of the local agency and supported by written findings. To ensure compliance with the SLA, Council is requested to adopt the attached resolution (Attachment C) declaring the seven City-owned parcels referenced below as surplus land:
• 4290-011-906 (Apple Building)
• 4290-011-903, 4290-011-904, 4290-011-905 (Parking Lot 29) • 4290-011-901, 4290-011-902, 4290-011-909 (Expo Lot)
Discussion

5.E
Packet Pg. 249
2 of 3
Council authorized the designation of APN 4290-011-906 (Apple Building) as surplus land with the adoption of Resolution 11327 (Attachment A) at its meeting on March 23, 2021. Parcels 4290-011-903, 4290-011-904, 4290-011-905 (Parking Lot 29) and 4290- 011-901, 4290-011-909 (Expo Lot) were declared surplus with the adoption of Resolution 11470 (Attachment B) on October 11, 2022. Parcel 4290-011-902 was inadvertently omitted in Resolution 11470. The attached resolution corrects the omission of 4290-011-902 and consolidates the surplus declaration of all seven parcels in one resolution (Attachment C).

Environmental Review
The designation of this property as surplus land is categorically exempt from environmental review pursuant to Section 15312 of the California Environmental Quality Act (CEQA) Guidelines as the action involves the first step in the sale of surplus government property that is not located in an area of statewide, regional, or areawide concern identified in Section 15206(b)(4) of the State CEQA Guidelines.

Furthermore, the adoption of the resolution is exempt from CEQA pursuant to Section 15061(b)(3) 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.” No development is being authorized at this time. Adoption of the resolution does not have the potential for resulting in either a direct physical change in the environment or a reasonably foreseeable indirect physical change in the environment, as no development is authorized by this resolution and any future disposition will require separate environmental analysis if, and, when, the details of such disposition are known.

Past Council Actions
Meeting Date Description
3/23/2021
(Attachment A)
Adoption of Resolution 11327 for City-Owned Properties
Subject to the Surplus Lands Act (Apple Building)
10/11/2022
(Attachment B)
Adoption of Resolution 11470 for City-Owned Properties
Subject to the Surplus Lands Act (Parking Lot 29 and Expo Lot)

5.E
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3 of 3
Financial Impacts and Budget Actions
There are no immediate financial impacts or budget actions necessary resulting from the recommended actions. An analysis of the specific financial impacts for each property will be presented when staff returns with interim or long-term disposition proposals for Council consideration.

Prepared By: Nia Tang, Senior Development Analyst
Approved Forwarded to Council
Attachments:

A. Attachment A - Resolution No. 11327 (CCS)
B. Attachment B - Resolution No. 11470 (CCS)
C. Attachment C - 2024.10.8 SLA Resolution
D. Adoption of Resolution Declaring Surplus Properties 3.23.2021 Staff Report E. Adoption of Resolution Declaring Surplus Properties 10.11. 2022 Staff Report

5.E
Packet Pg. 251
1 City Council Meeting: March 23, 2021 Santa Monica, California RESOLUTION NUMBER 11327 (CCS)
(City Council Series)

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

CALIFORNIA, DECLARING PURSUANT TO THE SURPLUS LAND ACT THAT

CERTAIN REAL PROPERTY OWNED OR MASTER-LEASED BY THE CITY LOCATED AT 1636 5TH STREET AND 1333 4TH STREET IS SURPLUS LAND NOT NECESSARY FOR THE CITY’S USE, AND CERTAIN REAL PROPERTY OWNED BY THE CITY LOCATED AT 1318-20 4

TH STREET IS EXEMPT SURPLUS LAND NOT
NECESSARY FOR THE CITY’S USE AND PROPOSED FOR A 100% AFFORDABLE HOUSING DEVELOPMENT; FINDING THAT SUCH DECLARATION IS EXEMPT

FROM ENVIRONMENTAL REVIEW UNDER THE CALIFORNIA ENVIRONMENTAL QUALITY ACT; AND TAKING RELATED ACTIONS
WHEREAS, the City of Santa Monica (“City”) is the owner in fee simple of that certain real property located at 1636 5th Street (the “1636 5th Street Parcel”) and 1318- 20 4
th Street (the “1318 4th Street Parcel”), in the City of Santa Monica, and described in Exhibit “A,” attached hereto and made a part of hereof (“City Owned Property”); and WHEREAS, the City is the master lessee of that certain real property owned in fee simple by the Successor Agency to the Redevelopment Agency of the City of Santa Monica located at 1333 4th Street (the “1333 4th Street Parcel”), in the City of Santa Monica, and described in Exhibit “A;” and
WHEREAS, the 1333 4
th Street Parcel is listed on a Long-Range Property
Management Plan ("LRPMP") that was approved by the California Department of Finance in accordance with redevelopment dissolution statutes enacted in 2010 (Health and Safety Code section 34179 et seq.); and
DocuSign Envelope ID: BC82B3DD-EAF7-4C16-9A96-33EBD9C6464B

5.E.a
Packet Pg. 252 Attachment: Attachment A - Resolution No. 11327 (CCS) (6604 : Adoption of Resolution Declaring Surplus Properties) 2 WHEREAS, under the California Surplus Land Act (Government Code Sections 54220-54233) (the “SLA”), surplus land is land owned in fee simple by the City for which the City Council takes formal action in a regular public meeting declaring the land is surplus and not necessary for the City’s use; land must be declared either surplus land or exempt surplus land; and
WHEREAS, under the SLA, surplus land includes land that has been designated in the Successor Agency’s LRPMP, either for sale or for future development, as specified; and
WHEREAS, under the SLA, land is necessary for the City’s use if the land is being used, or is planned to be used pursuant to a written plan adopted by the City Council, for City work or operations; and
WHEREAS, the City Council desires to declare that the 1636 5th Street Parcel and the City’s leasehold interest in the 1333 4th Street Parcel are surplus lands and not necessary for the City’s use; and
WHEREAS, the City Council desires to declare that the 1318 4th Street Parcel is exempt surplus land because it is not necessary for the City’s use and is proposed for a 100% affordable housing development that meets the criteria for exempt surplus land under the SLA; and
WHEREAS, the accompanying staff report provides supporting information upon which the declaration and findings set forth in this Resolution are based; NOW, THEREFORE, the City Council hereby resolves as follows:

SECTION 1. The above recitals are true and correct and are a substantive part of this Resolution.

DocuSign Envelope ID: BC82B3DD-EAF7-4C16-9A96-33EBD9C6464B

5.E.a
Packet Pg. 253 Attachment: Attachment A - Resolution No. 11327 (CCS) (6604 : Adoption of Resolution Declaring Surplus Properties) 3 SECTION 2. The City Council hereby declares that the 1636 5th Street Parcel and the City’s leasehold interest in the 1333 4th Street Parcel are surplus lands and not necessary for the City’s use.

SECTION 3. The City Council hereby declares that the 1318 4th Street Parcel is exempt surplus land because it is not necessary for the City’s use and is proposed for a 100% affordable housing development that meets the criteria of exempt surplus land under the Surplus Lands Act (“SLA”).

SECTION 4. This Resolution has been reviewed with respect to the applicability of the California Environmental Quality Act (Public Resources Code Section 21000 et seq.) (“CEQA”). City staff has determined that the designation of this property as surplus does not have the potential for creating a significant effect on the environment and is therefore exempt from further review under CEQA pursuant to State CEQA Guidelines Section 15060(c)(3) because it is not a project as defined by the CEQA Guidelines Section 15378. Adoption of the Resolution does not have the potential for resulting in either a direct physical change in the environment or a reasonably foreseeable indirect physical change in the environment. If and when the property is sold or leased to a purchaser and that purchaser proposes a use for the property that requires a discretionary permit and CEQA review, that future use and project will be analyzed at the appropriate time in accordance with CEQA.

SECTION 5. The City Manager or his or her designee is authorized to submit the report of declared surplus land and exempt surplus land as part of the Annual Report to the California Department of Housing and Community Development (HCD), in DocuSign Envelope ID: BC82B3DD-EAF7-4C16-9A96-33EBD9C6464B

5.E.a
Packet Pg. 254 Attachment: Attachment A - Resolution No. 11327 (CCS) (6604 : Adoption of Resolution Declaring Surplus Properties) 4 conformance with state law, and file a Notice of Exemption pursuant to CEQA Guidelines Section 15062.

SECTION 6. The City Manager or his or her designee is hereby authorized to do all things which are deemed necessary or proper to effectuate the purposes of this Resolution, and any such actions previously taken are hereby ratified and confirmed.

Such actions include negotiating in good faith in accordance with the requirements of the SLA with any of the authorized entities that submit a written notice of interest to purchase or lease the property in compliance with the SLA.

SECTION 7. 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:
_________________________
GEORGE S. CARDONA
Interim City Attorney
DocuSign Envelope ID: BC82B3DD-EAF7-4C16-9A96-33EBD9C6464B

5.E.a
Packet Pg. 255 Attachment: Attachment A - Resolution No. 11327 (CCS) (6604 : Adoption of Resolution Declaring Surplus Properties) 5 EXHIBIT “A”

LEGAL DESCRIPTIONS
1636 5th Street (Apple Building); APN: 4290-011-906; Size in acres: 0.20 LOTS 20 AND 21 OF TRACT NO. 974, IN THE CITY OF SANTA MONICA, COUNTY OF LOS ANGELES, STATE OF CALIFORNIA, AS PER MAP RECORDED IN BOOK 16, PAGE 192, OF MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY.

EXCEPT THE REAR 10 FEET THEREOF CONVEYED TO THE CITY OF SANTA MONICA FOR PUBLIC ALLEY PURPOSES BY DEED RECORDED IN BOOK 4391, PAGE 16, OF DEEDS.
1333 4th Street (Chase Bank); APN:4291-011-910; Size in acres: 0.46 LOTS "R" AND "S" AND THE SOUTHEASTERLY 35 FEET OF LOT "T", IN BLOCK 145

OF SANTA MONICA, IN THE CITY OF SANTA MONICA, COUNTY OF LOS ANGELES, STATE OF CALIFORNIA AS PER MAP RECORDED .IN BOOK 39 PAGE (S) 45 ET SEQ.

AND IN BOOK 3 PAGES
80 AND 81 OF MISCELLANEOUS RECORDS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY.
1318 & 1320 4th Street (Parking Structure No. 3); APN: 4291-012-900 & 901; Size in acres: 0.528
Lots C, D, E and F, Block 146, of the Town of Santa Monica, in the City of Santa Monica, County of Los Angeles, State of California, as per map recorded in Book 3 Pages 80 and 81, and in Book 39 Page 45 et seq., of Miscellaneous Records, in the Office of the County Recorder of said County.

DocuSign Envelope ID: BC82B3DD-EAF7-4C16-9A96-33EBD9C6464B

5.E.a
Packet Pg. 256 Attachment: Attachment A - Resolution No. 11327 (CCS) (6604 : Adoption of Resolution Declaring Surplus Properties) Adopted and approved this 23rd day of March 2021.
__________________________
Sue Himmelrich, Mayor
I, Denise Anderson-Warren, City Clerk of the City of Santa Monica, do hereby certify that Resolution No. 11327 (CCS) was duly adopted at a meeting of the Santa Monica City Council held on the 23rd day of March 2021, by the following vote:

AYES: Councilmembers Brock, Davis, De la Torre, McKeown, Parra, Mayor Pro Tem McCowan, Mayor Himmelrich
NOES: None
ABSENT: None
ATTEST:
_____________________________________
Denise Anderson-Warren, City Clerk
DocuSign Envelope ID: BC82B3DD-EAF7-4C16-9A96-33EBD9C6464B

5.E.a
Packet Pg. 257 Attachment: Attachment A - Resolution No. 11327 (CCS) (6604 : Adoption of Resolution Declaring Surplus Properties) 1 City Council Meeting: October 11, 2022 Santa Monica, California RESOLUTION NUMBER 11470 (CCS)
(City Council Series)

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

CALIFORNIA, DECLARING PURSUANT TO THE SURPLUS LAND ACT THAT CERTAIN REAL PROPERTY OWNED BY THE CITY LOCATED AT 1855 MAIN STREET, 1636 5th STREET, AND THE EXPO LINE PARKING LOT IS SURPLUS LAND NOT NECESSARY FOR THE CITY’S USE; FINDING THAT SUCH

DECLARATION IS EXEMPT FROM ENVIRONMENTAL REVIEW UNDER THE CALIFORNIA ENVIRONMENTAL QUALITY ACT; AND TAKING RELATED ACTIONS WHEREAS, the City of Santa Monica (“City”) is the owner in fee simple of that certain real property located at 1855 Main Street (the “1855 Main Street Parcel”), 1636 5th Street (the “Parking Lot 29”), and the EXPO Line Terminus Parking Lot, in the City of Santa Monica, and described in Exhibit “A,” attached hereto and made a part of hereof (collectively, the “City Owned Properties”); and WHEREAS, under the California Surplus Land Act (Government Code Sections 54220-54233) (the “SLA”), surplus land is land owned in fee simple by the City for which the City Council takes formal action in a regular public meeting declaring the land is surplus and not necessary for the City’s use; land must be declared either surplus land or exempt surplus land; and
WHEREAS, the City Council desires to declare the City Owned Properties as surplus land and not necessary for the City’s use; and
WHEREAS, the City Council desires that the City Owned Properties be treated as surplus land within the meaning of the SLA, to the extent required by the SLA; and WHEREAS, the accompanying staff report provides supporting information upon DocuSign Envelope ID: 7AFFED03-00F1-488D-87F5-B9B70E75E5BC

5.E.b
Packet Pg. 258 Attachment: Attachment B - Resolution No. 11470 (CCS) (6604 : Adoption of Resolution Declaring Surplus Properties) 2 which the declaration and findings set forth in this Resolution are based; NOW, THEREFORE, the City Council hereby resolves as follows:

SECTION 1. The above recitals are true and correct and are a substantive part of this Resolution.

SECTION 2. The City Council hereby declares that the City Owned Properties are surplus lands and not necessary for the City’s use.

SECTION 3. The City Council hereby declares that the City Owned Properties be treated as surplus land within the meaning of the SLA, to the extent required by the SLA.

SECTION 4. This Resolution has been reviewed with respect to the applicability of the California Environmental Quality Act (Public Resources Code Section 21000 et seq.) (“CEQA”). City staff has determined that the designation of the City Owned Properties as surplus land does not have the potential for creating a significant effect on the environment and is therefore exempt from further review under CEQA pursuant to State CEQA Guidelines Section 15060(c)(3) because it is not a project as defined by the CEQA Guidelines Section 15378. Adoption of the Resolution does not have the potential for resulting in either a direct physical change in the environment or a reasonably foreseeable indirect physical change in the environment. If and when the property is sold or leased to a purchaser and that purchaser proposes a use for the property that requires a discretionary permit and CEQA review, that future use and project will be analyzed at the appropriate time in accordance with CEQA.

SECTION 5. The City Manager or his or her designee is authorized to submit the report of declared surplus land and exempt surplus land as part of the Annual Report to the California Department of Housing and Community Development (HCD), in conformance with state law, and file a Notice of Exemption pursuant to CEQA Guidelines DocuSign Envelope ID: 7AFFED03-00F1-488D-87F5-B9B70E75E5BC

5.E.b
Packet Pg. 259 Attachment: Attachment B - Resolution No. 11470 (CCS) (6604 : Adoption of Resolution Declaring Surplus Properties) 3 Section 15062.

SECTION 6. The City Manager or designee is hereby authorized to do all things which are deemed necessary or proper to effectuate the purposes of this Resolution, and any such actions previously taken are hereby ratified and confirmed.

SECTION 7. The City Clerk shall certify to the adoption of this Resolution, and thenceforth and thereafter the same shall be in full force and effect.

APPROVED AS TO FORM:
_____________________

DOUGLAS SLOAN
City Attorney
DocuSign Envelope ID: 7AFFED03-00F1-488D-87F5-B9B70E75E5BC

5.E.b
Packet Pg. 260 Attachment: Attachment B - Resolution No. 11470 (CCS) (6604 : Adoption of Resolution Declaring Surplus Properties) EXHIBIT “A”

LEGAL DESCRIPTIONS
1855 Main Street (Civic Auditorium); APN: 4290-013-901; Size in Acres: 3.7 LOT COM AT MOST E COR OF LOT 27 BLK 3 BANDINI TRACT TH NW ON SW LINE OF 20 FT ALLEY TO SE LINE OF LAND DESC IN DOC NO 5186 12-14-62 TO L A CO TH SW ON SD SE LINE TO W LINE OF LOT 15 BLK 3 SD TR TH S THEREON TO NE LINE OF 3RD ST TH SE AND FOLLOWING SD ST TO E LINE OF MAIN ST TH S

THEREON AND NE ON NW LINE OF PICO BLVD TO BEG PART OF VAC STS AND ALLEY AND PART OF LOT 15 AND ALL OF LOTS 16, ...SEE ASSESSOR MAPBOOK FOR MISSING PORTION... JEPSON TR LOT
1635 5th Street (Parking Lot 29); APNs: 4290-011-903, 4290-011-904, 4290-011-905; Size: .32 acres
4290-011-903: TR=974 EX OF ST AND ALLEY LOT 17
4290-011-904: TR=974 EX OF ST AND ALLEY LOT 18
4290-011-905: TR=974 EX OF ALLEY LOT 19
Expo Terminus Line Parking Lot; APN:4290-011-909; Size: 1.09 acres TR=15603 FOR DESC SEE ASSESSOR'S MAPS POR OF LOT 1
DocuSign Envelope ID: 7AFFED03-00F1-488D-87F5-B9B70E75E5BC

5.E.b
Packet Pg. 261 Attachment: Attachment B - Resolution No. 11470 (CCS) (6604 : Adoption of Resolution Declaring Surplus Properties) Adopted and approved this 11th day of October 2022.
__________________________
Sue Himmelrich, Mayor
I, Denise Anderson-Warren, City Clerk of the City of Santa Monica, do hereby certify that Resolution No. 11470 (CCS) was duly adopted at a meeting of the Santa Monica City Council held on the 11th day of October 2022, by the following vote:

AYES: Councilmembers Brock, Davis, De la Torre, Negrete, Parra, Mayor Himmelrich
NOES: None
ABSENT: Mayor Pro Tem McCowan
ATTEST:
_____________________________________
Denise Anderson-Warren, City Clerk
DocuSign Envelope ID: 7AFFED03-00F1-488D-87F5-B9B70E75E5BC

5.E.b
Packet Pg. 262 Attachment: Attachment B - Resolution No. 11470 (CCS) (6604 : Adoption of Resolution Declaring Surplus Properties) 1 City Council Meeting: October 8, 2024 Santa Monica, California RESOLUTION NUMBER _____(CCS)
(City Council Series)

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

CALIFORNIA, DECLARING PURSUANT TO THE SURPLUS LAND ACT THAT

CERTAIN REAL PROPERTY OWNED BY THE CITY LOCATED ON ASSESSOR PARCELS 4290-011-906 (“Apple Building”); 4290-011-903, 4290-011-904, 4290-011-905 (“Parking Lot 29”); and, APN 4290-011-901, 4290-011-902, 4290-011-909 (“Expo Lot”) AS SURPLUS LAND NOT NECESSARY FOR THE CITY’S USE; FINDING THAT SUCH DECLARATION IS EXEMPT FROM ENVIRONMENTAL REVIEW UNDER THE CALIFORNIA ENVIRONMENTAL QUALITY ACT; AND

TAKING RELATED ACTIONS
WHEREAS, the City of Santa Monica (“City”) is the owner in fee simple of that certain real properties known as assessor parcel numbers 4290-011-906 (“Apple Building”); 4290-011-903, 4290-011-904, 4290-011-905 (“Parking Lot 29”); and, APN 4290-011-901, 4290-011-902, 4290-011-909 (“Expo Lot”), and described in Exhibit “A,” attached hereto and made a part of hereof (collectively, the “City-Owned Properties”); and
WHEREAS, under the California Surplus Land Act (Government Code Sections 54220-54233) (the “SLA”), surplus land is land owned in fee simple by the City for which the City Council takes formal action in a regular public meeting declaring the land is surplus and not necessary for the City’s use; land must be declared either surplus land or exempt surplus land; and
WHEREAS, under the SLA, land is necessary for the City’s use if the land is being used, or is planned to be used pursuant to a written plan adopted by the City Council, for City work or operations; and

5.E.c
Packet Pg. 263 Attachment: Attachment C - 2024.10.8 SLA Resolution [Revision 1] (6604 : Adoption of Resolution Declaring Surplus Properties) 2 WHEREAS, the City Council desires to declare that the City-owned Properties referenced herein as surplus lands and not necessary for the City’s use; and
WHEREAS, the accompanying staff report provides supporting information upon which the declaration and findings set forth in this Resolution are based; NOW, THEREFORE, the City Council hereby resolves as follows:

SECTION 1. The above recitals are true and correct and are a substantive part of this Resolution.

SECTION 2. The City Council hereby declares that the City-owned Properties are surplus lands and not necessary for the City’s use.

SECTION 3. This Resolution has been reviewed with respect to the applicability of the California Environmental Quality Act (Public Resources Code Section 21000 et seq.) (“CEQA”). City staff has determined that the designation of this property as surplus does not have the potential for creating a significant effect on the environment and is therefore exempt from further review under CEQA pursuant to State CEQA Guidelines Section 15060(c)(3) because it is not a project as defined by the CEQA Guidelines Section 15378. Adoption of the Resolution does not have the potential for resulting in either a direct physical change in the environment or a reasonably foreseeable indirect physical change in the environment. If and when the property is sold or leased to a purchaser and that purchaser proposes a use for the property that requires a discretionary permit and CEQA review, that future use and project will be analyzed at the appropriate time in accordance with CEQA.

SECTION 5. The City Manager or his or her designee is authorized to submit the report of declared surplus land and exempt surplus land as part of the Annual Report to

5.E.c
Packet Pg. 264 Attachment: Attachment C - 2024.10.8 SLA Resolution [Revision 1] (6604 : Adoption of Resolution Declaring Surplus Properties) 3 the California Department of Housing and Community Development (HCD), in conformance with state law, and file a Notice of Exemption pursuant to CEQA Guidelines Section 15062.

SECTION 7. 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

5.E.c
Packet Pg. 265 Attachment: Attachment C - 2024.10.8 SLA Resolution [Revision 1] (6604 : Adoption of Resolution Declaring Surplus Properties) EXHIBIT “A”

LEGAL DESCRIPTIONS
4290-011-906 (“Apple Building”/1636 5
th Street)
TR=974 EX OF ALLEY LOTS 20 AND 21
4290-011-903, 4290-011-904, 4290-011-905 (“Parking Lot 29”/ 1635 5th Street) 4290-011-903: TR=974 EX OF ST AND ALLEY LOT 17
4290-011-904: TR=974 EX OF ST AND ALLEY LOT 18
4290-011-905: TR=974 EX OF ALLEY LOT 19
APN 4290-011-901, 4290-011-902, 4290-011-909 (“Expo Lot”) 4290-011-901: 1/2 VAC ALLEY ADJ ON NE AND POR OF LOT 8 M R 22-11 AND POR P. 3-30-31 4290-011-902: ELLIOTT"S ADDITION TO SANTA MONICA 1/2 VAC ALLEY ADJ ON SW AND LOT 9 4290-011-909: TR=15603 FOR DESC SEE ASSESSOR'S MAPS POR OF LOT 1

5.E.c
Packet Pg. 266 Attachment: Attachment C - 2024.10.8 SLA Resolution [Revision 1] (6604 : Adoption of Resolution Declaring Surplus Properties) City Council
Report
City Council Meeting: October 8, 2024
Agenda Item: 5.F
1 of 6
To: Mayor and City Council
From: David White, City Manager, City Manager's Office
Subject: Accept Proposal and Enter into Agreement with the San Francisco AIDS Foundation for the AIDS/LifeCycle 2025 Finish Line Festival Recommended Action
Staff recommends that the City Council:

1. Adopt a finding of categorical exemption pursuant to Section 15323 (Class 23 Normal Operations of Facilities for Public Gatherings) of the California Environmental Quality Act (CEQA) Guidelines; and

2. Authorize the City Manager to negotiate and execute a license agreement with the San Francisco AIDS Foundation for use of the 4 South Beach Parking Lot from June 7-8, 2025 for the “AIDS/LifeCycle 2025 Finish Line Event.” Summary
Since 2023, Santa Monica has hosted the Finish Line Festival for the AIDS/LifeCycle as part of SaMoPride. AIDS/LifeCycle (The Ride), a 7 day, 545-mile bike ride from San Francisco to Los Angeles co-produced by and benefiting San Francisco AIDS Foundation and the Los Angeles LGBT Center, brings approximately 2,200 cyclists down the California coastline over a 545-mile route from San Francisco to Santa Monica. The Ride is the premier fundraising event for both agencies, and in 2024 raised $10.9 million for HIV/AIDS services in the San Francisco and Los Angeles regions. Staff now requests authorization to have the Finish Line Festival for AIDS/LifeCycle return to Santa Monica for 2025. The event would again be held in City Beach Lot 4 South. This will mark the final Finish Line Event for the AIDS LifeCycle, which has announced the ride will be discontinued after 2025.

Discussion

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To further embrace the City’s core values of equity and inclusion, SaMoPride was established in 2019 as a city-wide partnership between the City of Santa Monica, Downtown Santa Monica, Inc., Santa Monica Pier, Santa Monica Place and Santa Monica Travel and Tourism dedicated to celebrating the LGBTQ+ community and providing a platform to champion individuality and acceptance. SaMoPride continues to strive to increase visibility and understanding of the broad spectrum of gender identities and experiences within the LGBTQ+ community. The City’s perfect score on the Human Rights’ Campaign’s 2023 Municipal Equality Index is recognition of the community’s broad commitment to LGBTQ+ equity inclusion, creation of safe spaces, inclusive policies, and advocacy for LGBTQ+ protections.

The opportunity to host The Ride and the Finish Line Festival event in Santa Monica advances the work established by the City and SaMoPride partners to support the LGBTQ+ community and address issues facing this community. Services for those living with HIV/AIDS remains a critical health need. The Center for Disease Control estimates that 62,800 people with HIV/AIDS are living in Los Angeles County. The virus disproportionately affects people of color and the LGBTQ+ community, those who have difficulty accessing traditional healthcare services. Those living with HIV/AIDS are also at greater risk of becoming homeless. The range of services funded by the AIDS/LifeCycle event help support this community to ensure access to treatment, education, and other services.

Overview of the Ride
The Ride is a 7-day, 545-mile bike ride from San Francisco to Los Angeles, coproduced by and benefiting San Francisco AIDS Foundation and the Los Angeles LGBT Center. The Ride began in 1994 and was called the “California AIDS Ride.” In 2002, it was rebranded as AIDS/LifeCycle. Since 1994, participants have raised more than $300 million for the HIV and AIDS-related services of the Los Angeles LGBT Center and San Francisco AIDS Foundation. In 2024, the Ride raised $10.9 million, which serves to underwrite significant costs for the health services provided by these two agencies.

Overview of the Event

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The AIDS/LifeCycle Finish Line Festival incorporates both a finish line experience for 2,200 cyclists and 650 7-day volunteers (called Roadies), as well as a reception point for event vehicles, supplies, and equipment. The event would be held on June 8, 2025, in the 4 South Beach Parking lot. Cyclists will use the City’s existing bike lane network to exit off the Beach Bike Path at Channel Road and navigate up to Ocean Avenue where they will use the bike lanes to ride down to Bicknell and enter the event site.

Cyclists are paced when leaving the campsite in Ventura and ride single file on public streets abiding by all laws, and according to a strict set of safety policies that are enforced by event staff throughout the duration of the Ride. This means that unlike other traditional “race” events, participants steadily enter the event site over the course of 4 hours rather than en masse at any one time. This allows all roads to remain open during the event.

In shaping its event proposal in 2024, the AIDS/LifeCycle event team engaged with several relevant City departments, including the Santa Monica Police Department, Mobility and Parking staff within the Department of Transportation, Economic Development/Pier Management, the Community Events Team, the City Attorney’s Office, and the City Manager’s Office. The AIDS/LifeCycle team also worked closely with the Ocean Park Association, Main Street Businesses, and other stakeholders as part of ensuring a safe and successful event.

The AIDS/LifeCycle event team has already engaged City staff for the 2025 Finish Line Festival event to again align event plans with key Council and community objectives— including safety and security of the event site and surrounding areas, planning for traffic management and alternative mobility options, and supporting economic development for the City.

The event will involve closure of the 4 South Beach lot from noon on June 7, 2025, through June 8, 2025. Event activities will mirror those in 2023 and 2024, including:
• Barricaded cyclist chute through which participants cross finish line • Spectator area where viewers can watch and cheer on the cyclists

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• Bike Parking for 1,000 cyclists
• Bike Tech and Bike Shipping
• Participant Gear Pick Up
• Cyclist Lunch
• An event stage
• A “Camp Store” retail space
• An outreach lounge and recruitment area
• Sponsorship activations
License Agreement
The City’s Community Events Permit process and Site Guidelines do not currently allow for events on the Santa Monica Beach and Beach Lots during the peak summer months, in order to preserve maximum access for beachgoers. Outside of summer, beach events are required to have a “beach-related activity” such as beach sports as a primary component. Therefore, a license agreement is required to produce the Finish Line Festival. Staff supports this event because of the potential economic impact and Santa Monica’s commitment to LGBTQ+ inclusion. Staff also support this event because of the AIDS LifeCycle’s demonstrated commitment to a good neighbor policy, engaging with the local neighbors and businesses to ensure a successful event. Sadly, this will be the final AIDS/LifeCycle Ride as the costs of producing the event have forced the event producers to rethink fundraising strategies to continue providing these much needed services.

Coastal Commission Approval
This event will require a Coastal Development Permit because it occurs between Memorial Day and Labor Day, pursuant to the Coastal Commission’s adopted Guidelines for the Exclusion of Temporary Events from Coastal Commission Permit Requirements, dated May 12, 1993. This was permitted for the 2023 event and staff does not perceive any issues receiving the permit again this year. The City’s adopted 1992 Coastal Land Use Plan would be the standard of review, in addition to the

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aforementioned guidelines, however, the 1992 LUP does not contain any policies regarding temporary events.

Past Council Actions
Meeting Description
1/10/2023
(Attachment A)
Authorization of License Agreement for 2023 ALC Finish Line Festival
8/22/2023
(Attachment B)
Authorization of License Agreement for 2024 ALC Finish Line Festival
Environmental Review
The event is categorically exempt pursuant to Section 15323 (Class 23 Normal Operations of Facilities for Public Gatherings) of the California Environmental Quality Act (CEQA) guidelines. Class 23 consists of the normal operations of existing facilities for public gatherings for which the facilities were designed, where there is a history of the facility being used for the same or similar kind of purpose in where there is a past history of the facility being used for the same or similar kind of purpose. The 4 South Beach Parking lot and City’s bicycle network has been previously used for public events, and therefore, the AIDS/LifeCycle 2025 Finish Line Event is categorically exempt from CEQA.

Financial Impacts and Budget Actions
There is no budget action necessary as a result of the recommended action. The City will receive $25,612 in revenues to the Beach Fund for use of the 4 South Beach Lot and parking staff costs associated with supporting the event. The Event producers will also be required to pay fees for all necessary permits and licenses.

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Prepared By: Christopher Smith, Deputy City Manager
Approved Forwarded to Council
Attachments:

A. January 10, 2023 Staff Reporting Authorizing License Agreement for 2023 AIDS LifeCycle Finish Line Festival
B. August 22, 2023 Staff Report Authorizing License Agreement for 2023 AIDS LifeCycle Finish Line Festival
C. ALC 2025-FLF-Event Narrative 20240801
D. ALC 2025-SaMo Oaks Initiative Form 20240801
E. 2024 AIDS LifeCycle Finish LIne Festival License Agreement F. ALC 2025-SaMo Levine Act Disclosure 20240926

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AIDS/LifeCycle 2025
Finish Line Festival Event Narrative

OVERVIEW
This narrative details the Finish Line Festival event that will conclude AIDS/LifeCycle 2025, a 7-day bike ride from San Francisco to Los Angeles (also referred to herein as ‘ALC’ or ‘the Ride’). In 2023, the AIDS/LifeCycle event organizers, in conjunction with representatives from the City of Santa Monica, approved a contract to bring ALC’s Finish Line Festival experience to Santa Monica’s Parking Lot 4 South. The event was a huge hit with participants, supporters, event staff, and the surrounding community, and returned to Santa Monica for a second year in 2024.

After a very successful 2024 event, the event organizers are working with the City of Santa Monica to return to Parking Lot 4 South for their 2025 event as a part of Santa Monica’s month of Pride Programming. The event plan as proposed to the City of Santa Monica will include the activation of the long term parking portions of Lot 4 South to house the AIDS/LifeCycle Finish Line, Finish Line Festival, and participant services. The event will be free and open to the public, and will occur on Saturday, June 7, 2025, from approximately 10AM to 4PM.

The event organizers are requesting a multi-year agreement with the City to enable advance planning and long term growth. The dates under consideration are:
● AIDS/LifeCycle 2025 - Finish Line Festival
○ Load-In: June 6, 2025
○ Event/Load-Out: June 7, 2025
● AIDS/LifeCycle 2026 - Finish Line Festival
○ Load-In: June 5, 2026
○ Event/Load-Out: June 6, 2026
● AIDS/LifeCycle 2027 - Finish Line Festival
○ Load-In: June 11, 2027
○ Event/Load-Out: June 12, 2027

TIMELINE
● Load In: Friday, June 6, 2025, 12:00PM - 10:00PM: Load in and setup up event infrastructure in Lot 4 South
● Finalize Set Up: Saturday, June 7, 2025 - 6AM - 10AM: final placement of infrastructure; open event to receive ALC participants & the public ● Operate Event: Saturday, June 7, 2025 - 10:30AM - 4PM: receive event participants; all areas open & operating
● End of Event: Saturday, June 7, 2025: 4PM - 4:30PM: Closing Ceremony occurs following the final cyclist crossing the Finish Line
● Strike & Load Out: Saturday, June 7, 2025: 4:30 PM - 11:59 PM: close down & strike all event areas; ALC completely off-site by end of day

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Packet Pg. 273 Attachment: ALC 2025-FLF-Event Narrative 20240801 (6610 : Approval of License Agreement for AIDS LifeCycle Finish Line Event) AIDS/LifeCycle 2025
Finish Line Festival Event Narrative
EVENT DESCRIPTION - PARKING LOT 4 SOUTH
Parking Lot 4 South will house event infrastructure that exists to support the Finish Line experience and getting ALC participants off of the event:
● Finish Line Chute: A delineated, protected lane for event cyclist traffic, with runs of barricade on either side to protect cyclists. We will have approximately 1,500 cyclists, all riding single file & spaced out with a full bike length between them and the bike in front of them, crossing the finish line at some point between 10AM and 4PM. The flow of cyclists is gradual and follows the arc of a bell curve - it’s a trickle of cyclists between 10AM and 1PM; then a heavier flow between 1PM and 3PM; then back to a trickle from 3PM to 4PM. Spectators typically line up along the chute to watch their friends and family cross the finish line.
● Finish Line: The official ending point of the event for cyclists ● Bike Parking: And area of racks where cyclists can park their bikes after they cross the finish line
● Bike Shipping: A service provided by ALC partners to help participants ship their bikes home after the event
● Gear Pick-Up: ALC carries all participant gear forward during the full 7 days of the Ride event. The Gear Pick Up lot is designated as the location for all gear to end up. The operation consists of unloading approx. 16 box trucks full of participant luggage into an area delineated by temporary event fencing and restricted to access by participants only. ● Festival Stage - live entertainment (DJs, performances, etc.) will be staged, in addition to a Closing Ceremony
● Event Booths - elements like a Camp Store, a registration booth for the AIDS/LifeCycle 2026 event, sponsor activations, snacks and lost & found, etc. ● Food & food trucks - some food is available for free for event participants only; some food is available to all for purchase
● Seating, etc.
● Important Notes:
○ All infrastructure related to the Finish Line Festival will be contained within the parking lot’s footprint. There are no activated event spaces on the sand/beach.

ATTENDANCE
Total Anticipated Attendance: 2,200 ALC Participants (Cyclists, Volunteers, Staff, Vendors) plus 3,000 attendees for a Total of 5,200 - 5,500 people

ABOUT AIDS/LIFECYCLE
AIDS/LifeCycle is a 7-day, 545-mile bike ride from San Francisco Bay Area to Southern California that raises critical funds for the HIV/AIDS services of the Los Angeles LGBT Center and San Francisco AIDS Foundation. The event raises over $11 Million and $15 Million annually for these two California non-profit organizations, and features approximately 1,500 cyclists and 650 volunteers, called “Roadies,” who travel together, along with vendors & event staff, from San Francisco to Los Angeles.

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Packet Pg. 274 Attachment: ALC 2025-FLF-Event Narrative 20240801 (6610 : Approval of License Agreement for AIDS LifeCycle Finish Line Event)

CITY OF SANTA MONICA

OAKS INITIATIVE NOTICE

NOTICE TO APPLICANTS, BIDDERS, PROPOSERS

AND OTHERS SEEKING DISCRETIONARY PERMITS, CONTRACTS,

OR OTHER BENEFITS FROM THE CITY OF SANTA MONICA
Santa Monica’s voters adopted a City Charter amendment commonly known as the Oaks Initiative. The Oaks Initiative requires the City to provide this notice and information about the Initiative’s requirements. You may obtain a full copy of the Initiative’s text from the City Clerk.

This information is required by City Charter Article XXII—Taxpayer Protection.

It prohibits a public official from receiving, and a person or entity from conferring, specified personal benefits or campaign advantages from a person or entity after the official votes, or otherwise takes official action, to award a “public benefit” to that person or entity. The prohibition applies within and outside of the geographical boundaries of Santa Monica.

All persons or entities applying or receiving public benefits from the City of Santa Monica shall provide the names of trustees, directors, partners, and officers, and names of persons with more than a 10% equity, participation or revenue interest. An exception exists for persons serving in those capacities as volunteers, without compensation, for organizations exempt from income taxes under Section 501(c)(3), (4), or (6), of the Internal Revenue Code. However, this exception does not apply if the organization is a political committee or controls political committees.

Examples of a “public benefit” include public contracts to provide goods or services worth more than $25,000 or a land use approval worth more than $25,000 over a 12- month period.

In order to facilitate compliance with the requirements of the Oaks Initiative, the City compiles and maintains certain information. That information includes the name of any person or persons who is seeking a “public benefit.” If the “public benefit” is sought by an entity, rather than an individual person, the information includes the name of every person who is: (a) trustee, (b) director, (c) partner, (d) officer, or has (e) more than a ten percent interest in the entity. Therefore, if you are seeking a “public benefit” covered by the Oaks Initiative, you must supply that information on the Oaks Initiative Disclosure Form. This information must be updated and supplied every 12 months.

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Packet Pg. 275 Attachment: ALC 2025-SaMo Oaks Initiative Form 20240801 (6610 : Approval of License Agreement for AIDS LifeCycle Finish Line Event)

CITY OF SANTA MONICA

OAKS INITIATIVE DISCLOSURE FORM
In order to facilitate compliance with the requirements of the Oaks Initiative, the City compiles and maintains certain information. That information includes the name of any person or persons who is seeking a “public benefit.” If the “public benefit” is sought by an entity, rather than an individual person, the information includes the name of every person who is: (a) trustee, (b) director, (c) partner, (d) officer, or has (e) more than a ten percent interest in the entity.

Public benefits include:

1. Personal services contracts in excess of $25,000 over any 12-month period;

2. Sale of material, equipment or supplies to the City in excess of $25,000 over a 12- month period;

3. Purchase, sale or lease of real property to or from the City in excess of $25,000 over a 12- month period;

4. Non-competitive franchise awards with gross revenue of $50,000 or more inany 12-month period;

5. Land use variance, special use permit, or other exception to an established land use plan, where the decision has a value in excess of $25,000;

6. Tax “abatement, exception, or benefit” of a value in excess of $5,000 in any 12- month period; or

7. Payment of “cash or specie” of a net value to the recipient of $10,000 in any 12- month period.

Name(s) of persons or entities receiving public benefit:

Name(s) of trustees, directors, partners, and officers:

Name(s) of persons with more than a 10% equity, participation, or revenue interest:

Prepared by: Title:

Signature: Date:

Email: Phone:

Permit #
FOR CITY USE ONLY:

Bid/PO/Contract #
08/01/2024
Brian Bostwick Director of Production & Special Events
[email protected] 626-497-3978
San Francisco AIDS Foundation
Los Angeles LGBT Center
See attached Appendix A "SFAF-Board of Directors-July 2024.pdf" See attached Appendix B "Center-Board of Directors-July 2024.pdf"

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Packet Pg. 276 Attachment: ALC 2025-SaMo Oaks Initiative Form 20240801 (6610 : Approval of License Agreement for AIDS LifeCycle Finish Line Event) San Francisco AIDS Founda
Ɵon
Board of Directors July 2024

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Packet Pg. 277 Attachment: ALC 2025-SaMo Oaks Initiative Form 20240801 (6610 : Approval of License Agreement for AIDS LifeCycle Finish Line Event) Los Angeles LGBT Center
Board of Directors July 2024
 Tess Ayers - Secretary  LuAnn Boylan  Tamika L. Butler  Sarah Dusseault  Susan Feniger – Co-Chair  Alfred Fraijo, Jr.  Jordan Held  Annie Imhoff  Marki J. Knox, M.D.  Carlos Medina  Lucinda Moorhead  Michael Mueller  Michael Ormonde  Andy Ortiz  Loren S. Ostrow  Jayzen Patria  Frank D. Pond – Co-Chair  Francisco Ramos  Don Thomas  Amy Gordon Yanow – Treasurer

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Packet Pg. 278 Attachment: ALC 2025-SaMo Oaks Initiative Form 20240801 (6610 : Approval of License Agreement for AIDS LifeCycle Finish Line Event) Contract No. 11477 (CCS)

LICENSE AGREEMENT
This License Agreement is made and entered into as of (“Execution Date”), by and between the CITY OF SANTA MONICA, a California municipal corporation (“City”) as Licensor; the San Francisco AIDS Foundation, a California-based non-profit organization (“Licensee”). The undersigned parties may be individually referenced herein as a “Party” and collectively referenced herein as the “Parties.”

RECITALS
A. City is a municipal corporation duly organized and validly existing under the laws of the State of California with the power to carry on its business as it is now being conducted under the statutes of the State of California and the Charter of the City.

B. Licensee is a California-based non-profit organization overseeing the logistics and fundraising for the AIDS/LifeCycle 2024, which is a 7-day cycling event from Northern California to Southern California.

C. The City’s Community Event Site Guidelines ordinarily restrict events on the Santa Monica Beach during the Summer which can be processed through the City’s Community Events Permit process.

D. On July 12, 2023, Licensee provided the City with a proposal to the City regarding a 2024 AIDS/LifeCycle 2024 Finish Line event (the “Proposal”) that would take place in the City. The Proposal outlined an estimated timeline of June 7 and 8, 2024 for set up, event, and clean up.

E. On August 22, 2023, the Santa Monica City Council authorized the City Manager to accept the Proposal and negotiate and execute a license agreement with Licensee for use of a portion of 4 South Beach Parking Lot, and adjacent area.

F. City and Licensee seek to enter into this License Agreement for Licensee to use the licensed area described below to present the AIDS/LifeCycle 2024 Finish Line event (the “Event”) in the City in a manner consistent with the typical community event permit requirements and the terms and conditions below.

NOW, THEREFORE, in consideration of the foregoing recitals, and the mutual covenants and agreements contained herein, City hereby grants to Licensee a license (“License”) to enter upon and occupy the real property described below upon the following terms and conditions:

DocuSign Envelope ID: 80F3C410-094B-4ED6-BEFC-BDF8AD6ED4B3 11/21/2023

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Packet Pg. 279 Attachment: 2024 AIDS LifeCycle Finish LIne Festival License Agreement (6610 : Approval of License Agreement for AIDS LifeCycle Finish Line 2 1. LICENSE AREA

1.1 Definition of License Area
During the License Term (as defined in Section 2.1), Licensee shall be entitled to enter upon and occupy the following premises (collectively, the “License Area”):

The License Area shall consist of: (1) the area specifically marked and identified as 4 South Parking Lot attached as Exhibit A It is expressly understood that (other than parking spots in the License Area), the License Area does not include any of the parking spaces located at Santa Monica beach, including the 1550 Lot and Lot 1 South, the bike path, the pedestrian path referred to as Ocean Front Walk, or any other portion of the City owned or operated property that is not specifically marked as Exhibit A. By separate agreement with the City, the Licensee may reserve parking at Lot 4 South and Lot 3 North.

1.2 License Area Provided “AS IS”
City shall deliver the License Area to Licensee “AS IS” and makes no representations or warranties, express or implied, as to the suitability of the License Area for Licensee’s intended use and occupancy.

1.3. Limited License.

It is expressly understood and agreed by and between the Parties that this License Agreement constitutes a limited license only, and shall not be construed as granting to Licensee any right of exclusive possession, title or interest whatsoever in and to the License Area, provided that City will not grant a license to any other party for use of the License Area.

2. LICENSE TERM

2.1 License Term
Subject to Sections 2.2, and 2.3, the term of this License shall commence as of the Execution Date and shall terminate at 11:59 PM on June 8, 2024 (“License Term”), unless terminated by the Parties earlier pursuant hereto.

2.2 2024 Occupation Period of the License Area
During the License Term, Licensee may only use and occupy the License Area from June 7, 2024 at 12:00 p.m. until June 8, 2024 at 11:59 p.m. (“Occupation Period”) in accordance with the following:.

A. Event Set Up Period. The set up period for the Event shall commence on June 7, DocuSign Envelope ID: 80F3C410-094B-4ED6-BEFC-BDF8AD6ED4B3

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Packet Pg. 280 Attachment: 2024 AIDS LifeCycle Finish LIne Festival License Agreement (6610 : Approval of License Agreement for AIDS LifeCycle Finish Line 3 2024 at 12:00 pm and shall continue through and including 10:00 am June 8, 2024 (“Event Set Up Period”)
B. Event Period. Licensee may use the License Area for holding the Event on June 8, 2024 ("Event Period").

C. Period for Move-Out and Restoration. The period for move out and restoration of the License Area shall take place on June 8, 2024 from 4:30 pm and 11:59 pm (“Restoration Period”).

3. USE OF LICENSE AREA

3.1 Permitted Use
The License Area may be used and occupied by Licensee during the Occupation Period solely for the permitted uses of parking and staging area for the Event and as provided in Exhibit A.

3.2 Regulatory Approvals and Compliance with Community Event Permit Requirements
Prior to the commencement of the License Term, Licensee shall be responsible, at Licensee's sole expense, for procuring, providing, and maintaining in full force and effect, all applicable regulatory approvals. This may include, without limitation, permits required by the City of Santa Monica Fire Department, the City Building and Safety Department, the California Coastal Commission, and others. In addition, Licensee agrees to comply with the requirements of the City’s Community Event Permit Process as set forth in Santa Monica Municipal Code Chapter 4.68, and any associated administrative regulations and guidelines. In the event of any inconsistency or conflict between this License Agreement, the City’s Community Event requirements in Chapter 4.68 of the Santa Monica Municipal Code, and any associated administrative regulations and guidelines promulgated thereunder, the order of precedence shall be resolved in favor of the terms of the License Agreement, followed by the City’s Community Event requirements in Chapter 4.68 of the Santa Monica Municipal Code, and lastly any associated administrative regulations and guidelines.

3.3 Repair and Restoration of the License Area.

Licensee shall repair and restore the License Area subject to the following:

A. Condition of License Area Upon Return to City. Licensee shall be obligated to clean, repair, restore, and return the License Area in the same condition in which it was prior to commencement of the License Term, and in a manner reasonably satisfactory to the City, except for normal wear and tear and/or changes in the condition of the License Area caused by weather conditions or other acts of God (“Original Condition”). This includes, but is not limited to, restoring the License Area to Original Condition prior to this License Agreement. Any equipment rented from SMPC or the City’s Parking Operators must be left in functioning, clean, orderly and sanitary condition. Licensee shall obtain a list of approved vendors, requirements, and standard equipment for repairing the License Area from the City of Santa Monica’s DocuSign Envelope ID: 80F3C410-094B-4ED6-BEFC-BDF8AD6ED4B3

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Packet Pg. 281 Attachment: 2024 AIDS LifeCycle Finish LIne Festival License Agreement (6610 : Approval of License Agreement for AIDS LifeCycle Finish Line 4 Transportation Department or City designee. All completed repairs must be approved by the City’s Economic Development Department before the Security Deposit in Section 4.3 can be refunded to Licensee.

B. Removal of Personal Property. Before the expiration of the License Term, Licensee shall remove all of Licensee's personal property and effects of whatever nature, at Licensee's sole expense from the License Area. If Licensee fails to remove all of Licensee's personal property from the License Area upon expiration of the License Term, the City may: (a) treat the personal property and effects as abandoned, in which case the personal property and effects shall become the property of the City; (b) remove the personal property and effects in any manner whatsoever and store the same without liability to Licensee for loss or damage thereof, all at Licensee's expense, (including but not by way of limitation any and all expenses of removal, court costs, actual attorney's fees and storage costs); or (c) following notice to Licensee, sell the personal property and effects at public or private sale, with legal process, for such prices as the City may obtain, and apply the proceeds of such sale against any amounts then due or later become due under this Agreement, including but not limited to expenses of removal or sale of the personal property and effects, court costs, actual attorney's fees and storage costs.

3.4 Parking and Traffic Management Plan
Licensee must submit a Parking and Traffic Management Plan prior to the commencement of the License Term for the City’s review and approval. The Parking and Traffic Management Plan shall include the requirements set forth in this Agreement. A parking and traffic control plan (to consider event footprint, daily staff/crew size, peak guest attendance and other access and delivery requirements) shall be prepared in consultation with City and submitted to City for written approval by February 1, 2024 (or other mutually agreed upon date).

3.5 Security Plan.

Licensee shall submit a Security Plan for City’s approval. Licensee shall provide all security for the Event in accordance with the approved Security Plan. Licensee’s security personnel are prohibited from carrying weapons on the Santa Monica Pier or the Santa Monica Beach. At all times, Licensee must maintain access to City of Santa Monica fire equipment and required fire exits inside the License Area. The Security Plan shall encompass all aspects of the Event (both interior and exterior areas) including ingress and egress to the License Area by any guests or invitees from any parking facilities located on or about the License Area. Licensee shall be responsible for preparing the Security Plan in consultation with the Santa Monica Police Department. Licensee shall obtain City’s prior written approval of the Security Plan at least thirty (30) calendar days prior to the Event (or other mutually agreed upon date). Licensee shall be responsible for all costs associated with preparing and implementing the approved Security Plan. Only bona fide security companies, which have been approved by City may be used to provide security services at the License Area. Licensee shall indemnify, defend and hold harmless the City from and against any and all claims and losses whatsoever, including attorney's fees, accruing or resulting to any person, entity, firm or corporation for any claim, expense, loss, damage, injury or death to the extent arising out of the negligence or intentional misconduct of Licensee's security in connection with the Event.

DocuSign Envelope ID: 80F3C410-094B-4ED6-BEFC-BDF8AD6ED4B3

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Packet Pg. 282 Attachment: 2024 AIDS LifeCycle Finish LIne Festival License Agreement (6610 : Approval of License Agreement for AIDS LifeCycle Finish Line 5 3.6 Authorized Representative
Licensee agrees to provide authorized representatives to act on behalf of the Licensee and to require compliance with all terms, covenants and condition of this License Agreement and all applicable regulatory permits. The List of Authorized Representatives is attached as Exhibit G and contains the list of names, address and cell-phone numbers of Licensee’s authorized representatives.

Such authorized representative shall be available by cell-phone, and Licensee shall use best efforts to make such cell-phone number available to the guests, neighbors, adjacent businesses, members of the public, and the City.

3.7 Advertising
A. The Licensee is permitted to use the name “the City of Santa Monica,” and the “Santa Monica Beach” only for reference purposes when referring to the location of the Event in any and all communications and advertising or promotional materials or publications (collectively, the “Advertising”), with the prior approval of the City, which shall not be unreasonably withheld. Licensee may, from time to time, submit to the City for preapproval, a representative group of such Advertising. The City shall approve or disprove such Advertising within ten (10) days of receipt. Once approved, such Advertising may thereafter be used by Licensee without the need for further approval. Licensee shall not be permitted to use the City’s name, images, or marks for any other purpose or use. Unless required by Law, City shall not use the name, trademarks or any other intellectual property of Licensee in any advertising, promotional materials or for any other reason, without Licensee’s prior written consent, which consent may be withheld at Licensee’s sole discretion.

B. Subject to compliance with the City’s signage regulations, Licensee shall be entitled to erect, at its own cost and expense, signs and banners on the License Area subject to the prior approval of the City. Licensee shall bear the cost of the installation, repair, maintenance, and removal of any such sign and banner.

3.8 Conduct of Business.

Licensee agrees to conduct Licensee's business in an orderly and lawful manner and to abide by all rules and regulations issued by the City. Without limiting the foregoing, Licensee agrees: (a) to obtain City's approval of the announcement date of the Event and the form of such announcement (it is hereby acknowledged that the City approved Licensee’s announcement of the Event prior to the Execution Date); (b) to provide City with copies of and obtain City’s approval of promotion, sponsorship, or joint venture agreement by and between Licensee and any agent, promoter, or any other person or entity with a business relationship with Licensee with respect to the Event; (c) to follow any and all rules, regulations or directions of City pertaining to the Event and (d) to provide directions to the License Area, including map and text, to Licensee’s guests and crew.

DocuSign Envelope ID: 80F3C410-094B-4ED6-BEFC-BDF8AD6ED4B3

5.F.e
Packet Pg. 283 Attachment: 2024 AIDS LifeCycle Finish LIne Festival License Agreement (6610 : Approval of License Agreement for AIDS LifeCycle Finish Line 6 3.9 Restrictions on Use.

A. No Smoking. Smoking is prohibited on or around the License Area. Licensee shall assume the responsibility for enforcing this restriction.

B. No Structures, Drilling or SFX. Licensee may not erect or maintain on the License Area any additional buildings, enclosures, structures, facilities, or tents, except with the City’s prior written consent and subject to any required building permits.

C. No Balloons. Due to the Event’s proximity to the ocean and the potential hazards that balloons present to sea life, balloons are not permitted at the Event.

D. Zero Waste. Compliance with the City’s Zero Waste Plan is required for all events and promotions. Arrangements for a Zero Waste Plan are to be made directly with the City’s Resource Recovery and Recycling Division with proof of plan submitted to City no less than thirty (30) days prior to event or promotion date (or other mutually agreed upon date).

E. No Lien. Licensee shall not create or permit to be created any lien, encumbrance or charge against the License Area and shall, at its own cost and expense, make best efforts to cancel the same within ten (10) days after receipt of a notice of the filing of any lien against the License Area arising out of the use of the License Area by Licensee.

F. Promotion. No promotion, scheme, or device involving the award of any prize, gift, or privilege related to the Event, determined as the result of any contest, promotion, or by chance, and incorporating City Marks, shall be undertaken by Licensee without the express written consent of the City.

G. Broadcasting, Recording, Taping, Filming. No event or performance presented at the License Area shall be broadcast, televised or in any manner recorded for reproduction (collectively, “Recordings”) without the City’s express written consent. As applicable, Licensee agrees to pay City’s broadcasting, recording, televising, filming or taping fees.

A License Area credit also is required, if appropriate. Any such Recordings are proprietary to Licensee, and Licensee shall have the exclusive, worldwide and perpetual right to exhibit, license and/or sublicense to third parties the right to exhibit all or any part of the Recordings in any program in any and all media now existing or hereafter developed. Licensee agrees to comply with the permit procedures and fees outlined in Exhibit D, to the extent applicable.

DocuSign Envelope ID: 80F3C410-094B-4ED6-BEFC-BDF8AD6ED4B3

5.F.e
Packet Pg. 284 Attachment: 2024 AIDS LifeCycle Finish LIne Festival License Agreement (6610 : Approval of License Agreement for AIDS LifeCycle Finish Line 7 4. LICENSE FEE

4.1 Amount of License Fee
The Licensee shall pay, and City agrees to accept, a License Fee for the License Area consisting of $21,034 including all applicable taxes for use of the License Area; and (ii) the Other Costs in accordance with Section 4.2.

The full amount of the License Fee shall be payable on or prior to June 7, 2024.

4.2 Other Costs.
“Other Costs” shall mean and refer to but not limited to the following costs:

4.2.1 The costs related to the Parking and Traffic Management plan and Security Plan including private security staffing, barricade rental, interior parking lot directional signage. Such costs shall be paid directly to the third parties involved. An estimate of such costs is attached hereto in Exhibit D.

4.2.2 As set forth in Exhibit D, the costs approved by Licensee and charged by the City for the services rendered, at the Licensee’s request, by the following departments of City: Police Department, Fire Department, Public Works, Transportation Department, Community Development Department, and all other applicable departments of the City as set forth in Exhibit D and incorporated herein by reference for all services performed by City staff for the Licensee, including, but not limited to, water and sewer hookups, beach and Pier Deck and parking lot staffing and cleaning, electrical hook-ups, refuse dumpster rentals, refuse pick-up, plan review, traffic management plan and business license.

4.2.3 Licensee shall provide, at its own expense, bike valet parking which will be operated in accordance with the approved schedule detailed in the Parking and Traffic Management Plan. The costs related to the bike valet parking shall be paid directly by Licensee to the third parties involved.

4.3 Security Deposit
Upon the execution of this License Agreement, Licensee shall furnish City with a security deposit in the amount of Ten Thousand Dollars ($10,000). In the event that Licensee fails to perform any of its obligations pursuant to this License Agreement after City having notified Licensee in writing of this breach and after Licensee having failed to cure such breach in the Cure Period (as defined in Section 15.2), the security deposit may be used by City for the following: (i) to cover reasonable costs for the restoration of the License Area in accordance with the provisions of the License Agreement, to the extent such restoration was necessitated by Licensee’s breach; (ii) for payment of additional utility services and charges to the extent incurred as a result of Licensee’s breach; and (iii) to cover reasonable costs incurred by City to the extent arising directly from a breach by Licensee of the performance of any obligations of the DocuSign Envelope ID: 80F3C410-094B-4ED6-BEFC-BDF8AD6ED4B3

5.F.e
Packet Pg. 285 Attachment: 2024 AIDS LifeCycle Finish LIne Festival License Agreement (6610 : Approval of License Agreement for AIDS LifeCycle Finish Line 8 License Agreement (collectively “Breach Costs”). City shall then be entitled to deduct the Breach Costs of the restoration, performance or cure from the security deposit.

City shall return to Licensee the security deposit, or its balance, as applicable, within fourteen (14) business days after the conclusion of the License Term or after failure to obtain necessary approvals, permits and licenses described in Section 10.2, below. In the event that the Breach Costs are greater than the amount of the security deposit, City shall submit an invoice for such costs to Licensee, accompanied with actual expense documentation of the Breach Costs without markup, and Licensee shall be required to pay City’s invoice within thirty (30) days of receipt of such invoice by City.

4.4 Other Charges: Staff Fee.

Licensee shall pay to City a Staff Fee in accordance with the schedule set forth in Exhibit D for staff time necessary for supervising the preparation and staging of the Event between the hours of 7 a.m. and 6 p.m., during the Set Up Period. These hours may be altered by City depending upon the specifics of an Event. In addition, Event supervisors may be required to supervise Licensee’s activities on and adjacent to the License Area whenever such activities include any of the following: substantial exterior construction, set up of a ‘party’ tent, load in/load out of multiple dealers, vendors, suppliers, or talent. Such staff supervision will be at the Additional Staff Rate as set forth in Exhibit D.

5. CONTRACTORS AND SERVICE PROVIDERS
Licensee shall hire and pay for all necessary labor required for Licensee's use of the License Area (as determined by Licensee in Licensee’s sole discretion), including, but not limited to, stagehands, ticket takers, ushers and guards, location and production assistants, contractors and subcontractors for the purposes of the Event (“Contractors”). The cost of said Contractors shall be provided at the sole expense of Licensee. Licensee shall pay for any and all expenses for any Contractors which Licensee may wish to hire.

6. REFUSE AND SANITATION.

Dumpsters and trash/recycle/food waste carts are provided by the City at the sole cost of the Licensee. Licensee shall be required to provide all other appropriate refuse facilities and containers inside and outside of the Event structures. Licensee is encouraged to recycle all appropriate materials.

7. UTILITY SERVICE.

SMPC makes available to the License Area either directly or through a contractor approved by SMPC, certain utility services for Licensee. All expenses for water and electrical service, including electrical hook-ups, distribution and wiring for lights, equipment, trucks and other items of a similar nature shall be the sole responsibility of Licensee. Any hook-ups, wiring and other work done by or for Licensee, including temporary power distribution, heating and air DocuSign Envelope ID: 80F3C410-094B-4ED6-BEFC-BDF8AD6ED4B3

5.F.e
Packet Pg. 286 Attachment: 2024 AIDS LifeCycle Finish LIne Festival License Agreement (6610 : Approval of License Agreement for AIDS LifeCycle Finish Line 9 conditioning, shall be done in a good and workmanlike manner and be subject to prior written approval of SMPC, and shall be done with proper building permits, if required, and in compliance with all applicable codes, including without limitation, the City’s Municipal Code.

8. NEIGHBORHOOD IMPACTS, COMMUNITY OUTREACH, MARKETING, AND PROMOTION.

Licensee agrees to pay the Notification Fee (as defined below) for the preparation and mailing of neighborhood notifications, which will be mailed to Pier tenants, beach tenants and beach neighbors at least two weeks in advance of the event. The notice will include a brief description of event, date and time, name of a contact person, and a means for reaching the person during the event in case there is a problem. Licensee will contact Community Recreation by email at [email protected] to coordinate preparation of neighborhood notification and payment of $375 as a notification fee (“Notification Fee”).

9. INSURANCE
Prior to commencing occupancy of the License Area, Licensee shall procure and maintain at Licensee’s own cost and expense for the duration of the License Term insurance against claims for injuries to persons or damages to property which may arise from or in connection with Licensee’s possession, occupancy, operation, and use of the License Area, by Licensee, its directors, officers, agents, representatives, employees, contractors, subcontractors, guests, customers, and invitees. Licensee must obtain insurance that, at a minimum, meets the requirements for insurance set forth in Exhibit E, Insurance Requirements and Verifications.

10. PERMITS, LICENSES AND APPROVALS.

10.1 Licensee Obligation
Licensee shall obtain and maintain, at its own cost and expense, all necessary permits, including any building permits, approvals, and licenses required for its occupation of the License Area, establishing any structures, and the conduct of the permitted uses.

10.2 Receipt of Necessary Approvals
Receipt of all necessary approvals, permits, and licenses is a condition precedent for the exercise of this License. In the event that the required permits, licenses or approvals from any governmental entities having jurisdiction of the License Area or Licensee’s use of the License Area cannot be obtained, this License will have no force and effect. A list of required approvals and permits is hereto attached as Exhibit F.

11. COMPLIANCE WITH ALL LAWS AND CITY’S SIGN REGULATIONS Licensee shall, at its own cost and expense, comply with the requirements of any applicable law, statute, ordinance, rule, regulation or order of any regulatory agency with respect DocuSign Envelope ID: 80F3C410-094B-4ED6-BEFC-BDF8AD6ED4B3

5.F.e
Packet Pg. 287 Attachment: 2024 AIDS LifeCycle Finish LIne Festival License Agreement (6610 : Approval of License Agreement for AIDS LifeCycle Finish Line 10 to its use and occupation of the License Area, including any County of Los Angeles Department of Public Health guidelines pertaining to COVID-19, and with each provision and requirement of any insurance policy to be maintained by Licensee pursuant to this License. Licensee shall not use nor permit the use of the License Area for any illegal purpose.

Licensee acknowledges and understands that Licensee must provide the City with a signage plan as soon as practicable, but no later than 90 days prior to the event (or other mutually agreed upon date). The signage plan must include a description of signage, including size, material, text, approximate location, and method of installation. Signage will not be permitted if signage plan is not approved.

In addition to providing a signage plan for the City’s review and approval, Licensee represents and warrants that it will comply with the City’s signage regulations. Licensee acknowledges and understands that temporary non-permanent signs may be installed that identify or pertain to the Event within the License Area. Signs that identify or pertain to the Event may have the logo of a commercial sponsor or vendor, but the logo may not exceed 30% of the sign area. Signs must be internally oriented to the extent possible. The logo of a tobacco sponsor is prohibited.

12. INTENTIONALLY RESERVED.

13. FILM PERMITS
In the event that Licensee wishes to videotape and/or film on the License Area, Licensee shall comply with all applicable City regulations regarding film permits and Licensee shall pay any applicable film permit fees.

14. CITY’S ACCESS TO THE LICENSE AREA
City shall have the unrestricted right to enter the License Area during the License Term.

15. DEFAULT AND REMEDIES

15.1 Default by Licensee
Each of the following events shall be an Event of Default and breach of the License Agreement by Licensee:

A. Failure to pay License Fees;
B. Violation of any applicable law, regulation or ordinance which is not remedied immediately or no later than three (3) calendar days from notice of violation or in any other delay prescribed by the competent authority;
DocuSign Envelope ID: 80F3C410-094B-4ED6-BEFC-BDF8AD6ED4B3

5.F.e
Packet Pg. 288 Attachment: 2024 AIDS LifeCycle Finish LIne Festival License Agreement (6610 : Approval of License Agreement for AIDS LifeCycle Finish Line 11 C. Utilizing the License Area in a manner not authorized pursuant to the License Agreement;
D. Attempting to assign this License in any manner;
E. Failure to comply with any other nonmonetary obligations and this default is not remedied within fifteen (15) calendar days after written notice is given by City specifying such default and action required to remedy such default; and/or F. Filing any petition for bankruptcy or making any assignment for the benefit of its creditors.

15.2 Remedies for Breach
In the event of any Event of Default and breach of the License, which Event of Default and breach is not remedied within fifteen (15) calendar days after written notice is given by the non-breaching party specifying such default and action required to remedy same (except where a shorter cure period is expressly provided above in Section 15.1.B or if such default or breach is material and cannot be cured) (“Cure Period”), the non-breaching party shall be entitled to terminate the License Agreement in its entirety, and to damages in accordance with applicable law. For the avoidance of doubt, if the City commits an uncured Event of Default, Licensee may seek damages in accordance with applicable law without exercising the right to terminate the License Agreement.

15.3 Remedies for Non-Performance
The remedies for nonperformance shall be as follows:

A. Nonperformance due to lack of regulatory approval by third parties. If the nonperformance is due to the failure to obtain necessary approvals, permits and licenses, City shall refund any License Fee paid by Licensee required by this License Agreement after uncured failure to obtain lack of regulatory approval, above.

B. Nonperformance due to Force Majeure. If the nonperformance is for reasons: (a) not existing prior to or as of the Execution Date of this License; (b) not reasonably foreseeable; and (c) beyond the reasonable control of Licensee or City, including act or regulation of any public authority, military authority, war conditions or emergencies, civil tumult, riot, strike, natural calamities, epidemic, pandemic, lockdown, earthquakes, floods, epidemic, delay, cessation or interference with transportation services, interruption or cessation by illness or accident to a substantial number of Licensee’s performers (“Force Majeure Occurrence”), it is understood and agreed that there shall be no claim for damages resulting from such inability to pay any License Fee due hereunder or to obtain permits, licenses or approvals or such condition rendering performances of the parties obligations impossible or unfeasible by any party to this License.

DocuSign Envelope ID: 80F3C410-094B-4ED6-BEFC-BDF8AD6ED4B3

5.F.e
Packet Pg. 289 Attachment: 2024 AIDS LifeCycle Finish LIne Festival License Agreement (6610 : Approval of License Agreement for AIDS LifeCycle Finish Line 12 C. COVID-19. The spread of COVID-19 is and will be well known to the parties at the time that parties execute this License Agreement and therefore is not a “Force Majeure Occurrence” unless it renders performance impossible or unfeasible. By executing this License, Licensee understands and agrees that Section 15.3(B) shall not excuse Licensee from prompt payment of fees as specified in this License Agreement, or entitle Licensee to a refund of fees, including deposit and License Fee, paid to City under this License Agreement where cancellation of the Event results from an event or condition arising out of or resulting from exposure, infection, and/or spread of COVID-19 and such event or condition does not involve an action or order of federal, state, or local authorities mandating the closure of the License Area, or portion of the License Area, or prohibit Licensee’s use of the License Area or portion of the License Area on the dates of the Occupation Periods. Nor does Section 15.3(B) excuse Licensee from prompt payment of fees as specified in this Licensee where an action or order of federal, state, or local authorities reduces the number of persons that can attend the Event, imposes restrictions related to participation in the Event, or imposes restrictions on the activities that can be conducted on the License Area to mitigate the spread of COVID-19. Should an action or order of a federal, state, or local authority mandate the closure of the License Area, or portion of the License Area, or prohibit Licensee’s use of the License Area, or portion of the License Area, on the Occupation Periods, Licensee shall notify the City in writing and cite to the government action or order that will not permit Licensee to use the License Area, or portion of the License Area, on the dates of the Occupancy Periods and may request reimbursement of the License Fee.

The City shall reimburse to Licensee the Licensee Fee within thirty (30) days of Licensee’s reimbursement request provided that the City verifies that the government action or order identified in Licensee’s reimbursement request meets the criteria specified herein to entitle Licensee to a reimbursement of the License Fee.

16. INDEMNIFICATION
Licensee shall indemnify, protect, hold harmless, and defend City, including, but not limited to, the City of Santa Monica, the City Council, the City’s boards and commissions, its officers, agents, employees, volunteers (collectively “the City Indemnitees”), from and against any and all demands, claims, actions, suits, judgments, damages, liability, cost and expense, including, but not limited to reasonable attorneys’ and other professional fees or the value of any legal services received (collectively, “Claims”), to the extent arising directly or indirectly from or in any way related to the following: (i) the possession, occupancy, use, or enjoyment of the License Area and adjacent parking lots, to the extent due to the negligence or intentional misconduct of Licensee or any officer, agent, contractor, employee, or invitee thereof (each, a “Licensee Party”), (ii) Licensee’s business, activities, operations, services or work conducted in, on or about the License Area, harbor area, parking lots or Pier area, to the extent due to the negligence or intentional misconduct of Licensee or another Licensee Party; (iii) any breach or default in the performance of any obligation on Licensee’s part to be performed under the terms of this License; (iv) any negligent or intentionally wrongful act or omission of Licensee or another Licensee Party; and (v) furnishing or supplying any work, services, materials, equipment or supplies on or about the License Area, to the extent due to the negligence or intentional misconduct of Licensee or another Licensee Party. Licensee’s obligation to indemnify, defend DocuSign Envelope ID: 80F3C410-094B-4ED6-BEFC-BDF8AD6ED4B3

5.F.e
Packet Pg. 290 Attachment: 2024 AIDS LifeCycle Finish LIne Festival License Agreement (6610 : Approval of License Agreement for AIDS LifeCycle Finish Line 13 and hold harmless shall not apply to the extent the Claim arises from the negligence or willful misconduct of the City Indemnitees.

This provision shall survive the termination or expiration of this License Agreement.

17. NO SUBLEASE OR ASSIGNMENT PERMITTED
This License is personal to Licensee and Licensee shall have no right to assign or transfer this License to any other third party without the express written approval of City, which approval is subject to City’s sole and absolute discretion.

18. ENVIRONMENTAL MATTERS
Licensee covenants and agrees that Licensee shall not, and shall require that its employees, agents, contractors and other third parties entering upon the License Area at the request or invitation of Licensee do not, bring onto, maintain upon, generate, use, store, dispose of or release or discharge in or about the License Area or any adjacent area, any hazardous or toxic substances or hazardous waste (collectively, “hazardous materials”) and shall comply with Environmental Law(s) as defined herein in connection with the use of the License Area.

Licensee agrees to bear all responsibility and liability for such hazardous materials.

The term “Environmental Law(s)” refers, without limitation, to the Comprehensive Environmental Response, Compensation and Liability Act of 1980, as amended (42 U.S.C.

Sections 9601-9675), the Resource Conservation and Recovery Act, as amended (42 U.S.C.

Section s 6901-6992k), the Hazardous Materials Transportation Act, as amended (49 U.S.C.

Section 1801 et seq.), the Federal Water Pollution Control Act, as amended (33 U.S.C. Sections 1251-1307), the Clean Air Act, as amended, (15 U.S.C. Sections 2601-2692), the Residential Lead-Based Paint Hazard Reduction Act of 1992 (Title X) (15 U.S.C. Sections 2681-2692 and also 42 U.S.C. Sections 48991-4856), the Lead Based Pain Poisoning Prevention Act (42 U.S.C.

Sections 4821-4846), the Indoor Radon Abatement Act (15 U.S.C. Sections 2661-2671), and the Safe Drinking Water Act Amendments of 1996, Pub. L. No. 104-182, 110 Stat.1613 (1996), and all similar federal, state or local laws, statutes, regulations and ordinances.

If Licensee breaches any of the obligations stated in this Section 18, Licensee shall be obligated, at Licensee’s sole cost, to clean-up and remove all hazardous materials or contaminants introduced by Licensee or any person or entity for whom Licensee is responsible, and to indemnify the City pursuant to this License Agreement. Such clean-up and removal shall include all testing and investigation required by any governmental authorities having jurisdiction, and preparation and implementation of any remedial action plan required by any governmental authorities having jurisdiction. All such clean-up and removal activities of Licensee shall, in each instance, be conducted to the satisfaction of City and all governmental authorities having jurisdiction. City shall have the right to enter and inspect the License Area for violations of Licensee’s covenants herein.

DocuSign Envelope ID: 80F3C410-094B-4ED6-BEFC-BDF8AD6ED4B3

5.F.e
Packet Pg. 291 Attachment: 2024 AIDS LifeCycle Finish LIne Festival License Agreement (6610 : Approval of License Agreement for AIDS LifeCycle Finish Line 14 19. APPROVAL AND NOTICES
Unless otherwise set forth herein, any approval, disapproval, demand, document or other notice or communication permitted or required to be given hereunder shall be in writing, and shall be served personally or by U.S. mail (return receipt requested, postage prepaid), or by email. Notices shall be deemed given only upon receipt by the party to whom directed and shall be delivered to the parties at the addresses set forth below.

To City: City of Santa Monica
1685 Main Street, Room 212
Santa Monica, California 90401
Attention: Christopher Smith
Telephone Number: (866) 311-7266
Email: [email protected]
With a copy to: Santa Monica City Attorney’s Office
1685 Main Street, Third Floor
Santa Monica, California 90401
Attention: Deputy City Attorney, Ben Delfin
Telephone Number: (310) 458-8336
Fax Number: (310) 395-6727
Email: [email protected]
To Licensee: Brian Bostwick
Director, ALC Production and Special Events
AIDS/LifeCycle
1125 N McCadden Place, Los Angeles CA 90038
Email: [email protected]
and
Peter Parisot
Vice President, Compliance and Legal Counsel
San Francisco AIDS Foundation
1035 Market St. Suite 400
San Francisco, CA 94103
Email: [email protected]
Notice of change of address shall be given by written notice in the manner detailed in this Section.

DocuSign Envelope ID: 80F3C410-094B-4ED6-BEFC-BDF8AD6ED4B3

5.F.e
Packet Pg. 292 Attachment: 2024 AIDS LifeCycle Finish LIne Festival License Agreement (6610 : Approval of License Agreement for AIDS LifeCycle Finish Line 15 20. MISCELLANEOUS PROVISIONS

20.1 Venue
Any dispute arising from this License Agreement shall be settled by arbitration administered by JAMS in accordance with its Comprehensive Arbitration Rules and Procedures (“JAMS Rules”) and judgment on the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof. The place of arbitration shall be Los Angeles, CA. Except as may be required by law, neither a party nor an arbitrator may disclose the existence, content, or results of any arbitration hereunder without the prior written consent of both parties. The arbitration shall be conducted by one (1) arbitrator in accordance with the JAMS Rules, which arbitrator shall be selected in accordance with the JAMS Rules. The arbitrator will have no authority to award damages excluded by this Agreement, except as may be required by statute.

The award of the arbitrator shall be accompanied by a reasoned opinion. Either party also may, without waiving any remedy under this Agreement, seek from any court of competent jurisdiction located in Los Angeles Superior Court, West District, or the United States District Court for the Central District of California any interim or provisional relief that is necessary to protect the rights or property of that party, pending the establishment of the arbitral tribunal.

20.2 Independent Relationship of the Parties
The Parties shall remain at all times as to each other, wholly independent entities. No Party shall have the authority to incur any debt, obligation, or liability on behalf of another Party unless expressly provided by written agreement of the Parties. No employee, agent, or officer of a Party shall be deemed for any purpose whatsoever to be an agent, employee or officer of another Party.

20.3 Governing Law
The interpretation, validity, and enforcement of this License Agreement shall be governed by and interpreted in accordance with the laws of the State of California.

20.4 Captions
Titles and captions are inserted for convenience only and shall not define, limit or construe in any way the scope or intent of the License.

20.5 No Waiver
A waiver by either party of a breach of any of the covenants, conditions or agreements under this License Agreement to be performed by the other party shall not be construed as a waiver of any succeeding breach of the same or other covenants, agreement, restrictions or conditions of this License. Nothing herein shall be interpreted as waiving or ceding the police power or governing authority of the City.

DocuSign Envelope ID: 80F3C410-094B-4ED6-BEFC-BDF8AD6ED4B3

5.F.e
Packet Pg. 293 Attachment: 2024 AIDS LifeCycle Finish LIne Festival License Agreement (6610 : Approval of License Agreement for AIDS LifeCycle Finish Line 16 20.6 Severability
If any term, provision, condition, or covenant of this License Agreement or its application to any party or circumstances shall be held, to any extent, invalid or unenforceable, the remainder of this License, or the application of the term, provision, condition, or covenant to persons or circumstances other than those as to whom or which it is held invalid or unenforceable, shall not be affected, and shall be valid and enforceable to the fullest extent permitted by law.

20.7 Entire Agreement
This License Agreement contains the entire understanding between the parties relating to the transaction contemplated by this License Agreement. All prior or contemporaneous agreements, understandings, representations and statements, whether direct or indirect, oral or written, are merged into and superseded by this License Agreement, and shall be of no further force or effect. This License Agreement shall not be modified except by written instrument executed by the Parties at the time of modification and approved as to form by the City Attorney.

20.8 Jointly Drafted
Each Party acknowledges that it was represented by its legal counsel during the negotiation and execution of this License Agreement, and that it has had a full and fair opportunity to review and revise the terms of this License Agreement. Each Party further agrees that this License Agreement has been jointly drafted, and that no term contained herein shall be construed against or in favor of another Party.

20.9 Counterparts
This License Agreement may be executed in counterparts with the same effect as if both parties hereto had executed the same document. All counterparts shall be construed together and shall constitute a single License Agreement. Any signature to this License Agreement may be transmitted electronically through DocuSign or PDF shall be deemed an original signature and be binding upon the parties hereto (it being agreed that such electronic signature shall have the same force and effect as an original signature).

20.10 Attorneys’ and Other Fees
Should either party institute any action or proceeding to enforce or interpret this License Agreement or any provision hereof, to prevent the breach or continued breach hereof, for damages by reason of any alleged breach of this License Agreement or of any provision hereof, or for a declaration of rights hereunder, the prevailing party in any such action or proceeding shall be entitled to receive from the other party all reasonable costs and expenses, including actual, reasonable attorneys’ and other fees, incurred by the prevailing party in connection with such action or proceeding. The term “attorneys’ and other fees” shall mean and include attorneys’ fees, accountants’ fees, expert witness fees, and any and all other similar fees incurred in connection with the action or proceeding and perorations therefor. The term “action or DocuSign Envelope ID: 80F3C410-094B-4ED6-BEFC-BDF8AD6ED4B3

5.F.e
Packet Pg. 294 Attachment: 2024 AIDS LifeCycle Finish LIne Festival License Agreement (6610 : Approval of License Agreement for AIDS LifeCycle Finish Line 17 proceeding” shall mean and include actions, suits, arbitrations, appeals and other similar proceedings.

20.11 No Third Party Beneficiaries
This License Agreement is not intended, and will not be construed, to confer a benefit or create any right on a third party or the power or right to bring an action to enforce any of its terms.

20.12 Exhibits
The following exhibits are incorporated herein as a term of this License Agreement.

Exhibit A License Area
Exhibit B Schedule and Program – Permitted Uses
Exhibit C List of Sponsors
Exhibit D Estimate of Fees, Charges, and Other Costs
Exhibit E Insurance Requirements and Verifications
Exhibit F List of Approvals and Permits
Exhibit G List of Authorized Representatives
IN WITNESS WHEREOF, this License Agreement has been duly executed as of the day and year first above written.

LICENSOR:

CITY OF SANTA MONICA
ATTEST: a municipal corporation
By:

APPROVED AS TO FORM:

LICENSEE:

SAN FRANCISCO AIDS FOUNDATION
By:

DocuSign Envelope ID: 80F3C410-094B-4ED6-BEFC-BDF8AD6ED4B3 City Attorney
11/7/2023

DOUGLAS SLOAN
General Counsel
11/20/2023
Peter Parisot
11/21/2023
City Manager
David White
11/22/2023
Denise Anderson-Warren
City Clerk

5.F.e
Packet Pg. 295 Attachment: 2024 AIDS LifeCycle Finish LIne Festival License Agreement (6610 : Approval of License Agreement for AIDS LifeCycle Finish Line 18 EXHIBIT A

LICENSE AREA
DocuSign Envelope ID: 80F3C410-094B-4ED6-BEFC-BDF8AD6ED4B3

5.F.e
Packet Pg. 296 Attachment: 2024 AIDS LifeCycle Finish LIne Festival License Agreement (6610 : Approval of License Agreement for AIDS LifeCycle Finish Line

PUBLIC PARKING

EVENT SPACE
(LOT 4 SOUTH)

PARTICIPANT

PICK-UP AREA
PLAN: FINISH LINE FESTIVAL- KEY PLAN
1 SCALE: TBD 02

SAN FRANCISCO OFFICE LOS ANGELES OFFICE
1035 Market Street, Suite 400 1125 McCadden Place, Suite 202 San Francisco, CA 94103 Los Angeles, CA 90038
P: 415-581-7077 P: 323-860-7380
WRITTEN DIMENSIONS ON DRAWINGS SHALL HAVE AUTHORITY OVER SCALED. CONTRACTORS AND MANUFACTURERS SHALL BE RESPONSIBLE FOR AL L DIMENSIONS AND CONDITIONS ON JOB SITE. ANY CARIATIONS FROM THE DRAWINGS ARE TO BE REPORTED TO PRODUCTION MANAGEMENT.

THIS DOCUMENT HAS BEEN PREPARED SOLELY TO DESCRIBE PROPOSED ELEMENTS RELATING TO THE SPECIFIC EVENT NAMED ON THIS DRAWING. IT DOES NOT NECESSARILY REPRESENT ANY AS-BUILT OR EXISTING CONDITIONS THAT MAY EXIST AT THE VENUE. ANY PORTIONS OF THIS DRAWING THAT APPEAR TO

RELATE TO MATTERS OF SAFETY,

STRUCTURAL INTEGRITY, OR COMPLIANCE WITH LOCAL BUILDING CODES SHOULD BE DISCUSSED WITHA VENUE REPRESENTATIVE AND/OR THE CONTRACTOR RESPONSIBLE FOR ALTERATIONS.

DRAWING TITLE:

FINISH LINE FESTIVAL LAYOUT
EVENT NAME:

AIDS/LifeCycle 2024
LOCATION:

LOT4 SOUTH
Santa Monica, CA 90405
SITE NOTES:

PROD. STAFF (AIDS/LifeCycle)

BRIAN BOSWICK
Production Director
[o] 323-860-7327
[c] 626-497-3978

CHRIS CARRINGTON
Event Producer (CG Events)
[c] 310-310-0132
SITE CONTACTS (Venue)
Name Here
Name Here
000-000-0000 (w)
000-000-0000 (c)
Name Here
Name Here
000-000-0000 (w)
000-000-0000 (c)
Name Here
Name Here
000-000-0000 (w)
000-000-0000 (c)
DRAWN BY:

Brian Bostwick
FILE NAME:

ALC 2024-FLF Layout Drawings.dwg
REV. NUMBER:
01 REV. DATE:
10/30/2023
PAGE NUMBER:
01 02
of
DocuSign Envelope ID: 80F3C410-094B-4ED6-BEFC-BDF8AD6ED4B3

5.F.e
Packet Pg. 297 Attachment: 2024 AIDS LifeCycle Finish LIne Festival License Agreement (6610 : Approval of License Agreement for AIDS LifeCycle Finish Line

BIKE TRANSPORT PARKING

OCEAN AVE
WRITTEN DIMENSIONS ON DRAWINGS SHALL HAVE AUTHORITY OVER SCALED. CONTRACTORS AND MANUFACTURERS SHALL BE RESPONSIBLE FOR ALL DIMENSIONS AND CONDITIONS ON JOB SITE. ANY CARIATIONS FROM THE DRAWINGS ARE TO BE REPORTED TO PRODUCTION MANAGEMENT.

PARTICIPANT PICKUP AREA 28 28 PARTICIPANT PICKUP AREA
THIS DOCUMENT HAS BEEN PREPARED SOLELY TO DESCRIBE PROPOSED ELEMENTS RELATING TO THE SPECIFIC EVENT NAMED ON THIS DRAWING. IT DOES NOT NECESSARILY REPRESENT ANY AS-BUILT OR EXISTING CONDITIONS THAT MAY EXIST AT THE VENUE. ANY PORTIONS OF THIS DRAWING THAT APPEAR TO

RELATE TO MATTERS OF SAFETY,

STRUCTURAL INTEGRITY, OR COMPLIANCE WITH LOCAL BUILDING CODES SHOULD BE DISCUSSED WITH A VENUE REPRESENTATIVE AND/OR THE CONTRACTOR RESPONSIBLE FOR ALTERATIONS.

FINISH LINE FESTIVAL LAYOUT
AIDS/LifeCycle 2024

CO N TI AN ER C ON TIA NE R CONTAINER
FIRE LANE (20'-0" Min)

CONTAINER CONTAINER

CONTIANER C O N TI A N E R CONTAINER
GATE
20 17 18
27 ROADIE PARKING/ LATE

ARRIVING TEAMS

1. Cyclist Chute

2. Finish Line

3. Cyclist Dismount Zone

4. Bleachers
FIRE LANE (20'-0" Min)

ABCDEFGH
13 22
IJLMN
15 5. Food Trucks

6. Stage- 12'x24'

7. Camp Store- 20'x30'

8. Outreach Lounge- 20'x20'

9. Massage- 20'x20'

10. Sponsor Row- 10'x10'

11. Bike Parking

12. Picnic Tables

13. Participant Gear Lot
5 KIOSK
20 12
26 10
23 STAGE
6 (24' X 12') 8
22 1
9 22
7 31 KIOSK
4 3
2 21
16 25 30 24
23 22
30 20
14 32
20 29
11 GATE

14. ACE Ride

15. FedEx/Bike Tech

16. Participant Lunch 20x40

17. Production HQ-2x 20'x40'

18. Volunteer HQ- 20'x40'

19. Entrance- Production Vehicles

20. Event Entrances

21. Finish Line Truss

22. Zero Waste Station

23. Portable Toilets

24. Participant Support

25. Victory Medal Giveaway

26. Roadie Walk Meetup Area
19 27. Comm
& Equipment Return

28. SAG Bus Drop-Off

29. Bike Transport Drop-Off

30. First Aid

31. Satellite Stage- 8x8

32. Specialty Bike Shipping
ALC 2024-FLF Layout Drawings.dwg
DETAIL: FESTIVAL LAYOUT
SCALE: TBD
01 10/30/2023
02 of 02
GATE
BIKE
BOXES

BICKNELL

CONTAINER
AVE

ROADIE PARKING / LATE

ARRIVING TEAMS
1 DocuSign Envelope ID: 80F3C410-094B-4ED6-BEFC-BDF8AD6ED4B3

5.F.e
Packet Pg. 298 Attachment: 2024 AIDS LifeCycle Finish LIne Festival License Agreement (6610 : Approval of License Agreement for AIDS LifeCycle Finish Line

EXHIBIT
B
Schedule and Program– Permitted Uses
22 DocuSign Envelope ID: 80F3C410-094B-4ED6-BEFC-BDF8AD6ED4B3

5.F.e
Packet Pg. 299 Attachment: 2024 AIDS LifeCycle Finish LIne Festival License Agreement (6610 : Approval of License Agreement for AIDS LifeCycle Finish Line AIDS/LifeCycle 2024
Finish Line Festival Event Narrative AIDS/LifeCycle®

OVERVIEW
This narrative details the Finish Line Festival event, which occurs as the final moment of the AIDS/LifeCycle 7-day bike ride from San Francisco to Los Angeles (also referred to herein as 'ALC' or 'the Ride')_In 2023, the AIDS/LifeCycle event organizers, in conjunction with representatives from the City of Santa Monica, approved a contract to bring ALC's Finish Line Festival experience to Santa Monica's Parking Loi 4 South. The event was a huge hit with participants, supporters, event staff, and the surrounding community.

After a very successful 2023 event, the event organizers are working with the City of Santa Monica to return to Parking Lot 4 South for their 2024 event, as a part of Santa Monica's month of Pride Programming The event will be free and open to the public, and will occur on Saturday, June 8, 2024, from approximately 10AM to 4PM.

The event plan as proposed to the City of Santa Monica will include the activation of the long term parking portions of Lot 4 South to house the AIDS/LifeCycle Finish Line, Finish Line Festival, and participant services

TIMELINE
• Load In: Friday, June 7, 2024, 12:00PM - 10:00PM: Load in and setup up event infrastructure in Lot 4 South
• Finalize Set Up: Saturday, June 8, 2024 - 6AM -10AM:final placement of infrastructure; open event to receive ALC participants & the public • Operate Event: Saturday, June 8, 2024 - 10:30AM - 4PM:receive event participants; all areas open & operating
• End of Event: Saturday, June 8, 2024: 4PM - 4:30PM: Closing Ceremony occurs following the final cyclist crossing the Finish Line
• Strike & Load Out: Saturday, June B, 2024: 4:30 PM - 11:59 PM: close down & strike all event areas; ALC completely off-site by end of day
EVENT DESCRIPTION - PARKING LOT 4 SOUTH
Parking Lot 4 South will house event infrastructure that exists to support the Finish Line experience and getting ALC participants off of the event:
• Finish Line Chute A delineated, protected lane for event cyclist traffic, with runs of barricade on either side to protect cyclists. We will have approximately 2,500 cyclists, all riding single file & spaced out with a full bike length between them and the bike in front of them, crossing the finish line at some point between 10AM and 4PM. The flow of cyclists is gradual and follows the arc of a bell curve - it's a trickle of cyclists between 1DAM and 1PM; then a heavier flow between 1PM and 3PM; then back to a trickle from 3PM to 4PM Spectators typically line up along the chute to watch their friends and family cross the finish line.
• Finish Line: The official ending point of the event for cyclists • Bike Parking: And area of racks where cyclists can park their bikes after they cross the finish line
• Bike Shipping· A service provided by ALC partners to help participants ship their bikes home after the event
• Gear Pick-Up: ALC carries all participant gear forward during the full 7 days of the Ride event. The Gear Pick Up lot is designated as the location for all gear to end up. The operation consists of unloading approx. 16 box trucks full of participant luggage into an area delineated by temporary event fencing and restricted to access by participants only • Festival Stage - live entertainment (DJs, performances, etc.) will be staged, in addition tc a Closing Ceremony
• Event Booths - elements like a Camp Store, a registration booth for the AIDS/LifeCycle 2025 event, sponsor activations, snacks and lost & found, etc. • Food & food trucks - some food is available for free for event participants only; some food is available to all for purchase
• Seating, etc.
• Important Notes:
o All infrastructure related to the Finish Line Festival will be contained within the parking lot's footprint. There are no activated event spaces on the sand/beach.

DocuSign Envelope ID: 80F3C410-094B-4ED6-BEFC-BDF8AD6ED4B3

5.F.e
Packet Pg. 300 Attachment: 2024 AIDS LifeCycle Finish LIne Festival License Agreement (6610 : Approval of License Agreement for AIDS LifeCycle Finish Line 23 EXHIBIT C

LIST OF SPONSORS
2024 AIDS/LIFECYCLE RIDE
The following is a list of current or pending sponsors for AIDS/LifeCycle 2024  Gilead Sciences
 Amazon LLC
 FedEx
 Toyota
 United Airlines
 Keck School of Medicine
 Chevron
 PricewaterhouseCoopers
 Starbucks
 Dignity Health/Go Health Urgent Care
 Grindr
 Voler
 Southern California University of Health Sciences
 American Medical Response (AMR)
 Rocktape
 ClifBar
DocuSign Envelope ID: 80F3C410-094B-4ED6-BEFC-BDF8AD6ED4B3

5.F.e
Packet Pg. 301 Attachment: 2024 AIDS LifeCycle Finish LIne Festival License Agreement (6610 : Approval of License Agreement for AIDS LifeCycle Finish Line 24 EXHIBIT D
ESTIMATE OF OTHER COSTS*
.

BUILDING AND SAFETY:

Single Trade Permit may be required (includes inspection during regular hours 8am – 4pm. After-hours inspection will be charged an additional fee.). For more information visit:
https://finance.smgov.net/Media/Default/fees/Planning%20and%20Community%20Deve lopment.pdf
 BUSINESS LICENSE:

Supply and Service providers (e.g., caterer, valet, rental, etc.) are required to obtain a Santa Monica business license. Retail vendors and exhibitors at permitted events are exempt from having to obtain a Santa Monica business license.

For information related to the business license process, please contact the Business License office at 310-458-8745 or visit www.smgov.net/businesslicense  FACILITIES MANAGEMENT:

Carpenter, Electrician, HVAC Technician, Painter, Plumber, and Facilities Supervisor shall be $70/hour for regular time and $100/hour for after-hours work (3 hour minimum)
 FIRE:

Administrative costs for Fire personnel is actual costs per hour.

Tent/Canopy Permit - $228.98 to $332.55 depending on size of tent/canopy.

Over 5,000 sq. ft. - 0.0872 per sq. ft.

Candles/Open Flame Permit - $65.54
LPG/Propane Permit - $358.85
For more information visit: https://finance.smgov.net/Media/Default/fees/Fire.pdf  NEIGHBOR NOTIFICATION FEE:

The Community Events Office will mail out notices to residents and businesses within 500 feet of a Category 1 event if there will be 1) amplified sound (other than brief, intermittent announcements) or live music outdoors or in a tent and/or 2) if the event requires a street closure(s).

Events at fixed venues - $198.48
Events extending beyond a fixed venue (e.g., races) - .68 per piece  PLANNING AND ZONING:

Temporary Use Permit (TUP) - $991.28; $425.05 for a re-occurring event.

DocuSign Envelope ID: 80F3C410-094B-4ED6-BEFC-BDF8AD6ED4B3

5.F.e
Packet Pg. 302 Attachment: 2024 AIDS LifeCycle Finish LIne Festival License Agreement (6610 : Approval of License Agreement for AIDS LifeCycle Finish Line 25 TUP may be required for events on private space. For more information visit:
https://finance.smgov.net/Media/Default/fees/Community%20Development.pdf  POLICE:

The number of police officers required for security, crowd control, traffic management, etc., to be determined by the Police Operations Division.

Police billable services are actual costs per hour.

Police vehicle (car) - $94.43per day
Motorcycle - $62.95 per day
Police Horse - $31.47 per day
Rescue boat - $251.83for 4-hr minimum; $31.45 for each additional hour For more information visit: https://finance.smgov.net/Media/Default/fees/Police.pdf  RESOURCE RECOVERY AND RECYCLING:

Recycling bins, carts and dumping services are available for rent. Trash and food bins, carts and servicing are also available for rent.

Refundable Integrated Waste Management fee of $0 to $1500 (depending on number of attendees and type of waste). Request for refund must be made in writing.

For more information on container sizes and pricing visit:
https://finance.smgov.net/Media/Default/fees/Public%20Works.pdf  TRANSPORTATION ENGINEERING GROUP:

Metered Parking Space Reservation – posted rate of the meter Temporary “No Parking” signs - $6.00 each
Event organizer is responsible for 1) submitting a list with the meter number for each parking space requested, 2) placing the “No Parking” signs on each meter 24 hours in advance of the event, and 3) removing the signs promptly after the event. There is a $207.95 charge per sign that is not removed.

More information on how to obtain Temporary No Parking signs is located here:
http://www.smgov.net/Departments/PCD/Permits/Temporary-No-Parking-Signs/ Guidelines for the posting of Temporary No Parking signs can be found here:
https://www.smgov.net/uploadedFiles/Departments/PCD/ApplicationsForms/TNP_Posting_Guidelines.pdf In addition to Temporary No Parking signs, an Oversize Load Permit may be required for large vehicles.

Temporary No Parking Sign Issuance - $74.75
One-Day Valet Permit - $768.29
Traffic Control Plan Review – Base Fee
First two reviews, per page $320.11
DocuSign Envelope ID: 80F3C410-094B-4ED6-BEFC-BDF8AD6ED4B3

5.F.e
Packet Pg. 303 Attachment: 2024 AIDS LifeCycle Finish LIne Festival License Agreement (6610 : Approval of License Agreement for AIDS LifeCycle Finish Line 26 Third and subsequent reviews, per page $338.63
https://finance.smgov.net/Media/Default/fees/Department%20of%20Transportation.pdf Bike Racks - $343.03
Block Parties - $65.65
Permit – Auto Park - $289.33
Event Permit: Parking Specialist - $289.48
Event Permit: Parking Administrator - $275.31
Event Permit: Traffic Engineer - $342.84
[due to budget cuts bike valet services are no longer offered]For more information visit:
https://finance.smgov.net/Media/Default/fees/Department%20of%20Transportation.pdf *Fees subject to change. Contact individual departments for updated fee schedules.

DocuSign Envelope ID: 80F3C410-094B-4ED6-BEFC-BDF8AD6ED4B3

5.F.e
Packet Pg. 304 Attachment: 2024 AIDS LifeCycle Finish LIne Festival License Agreement (6610 : Approval of License Agreement for AIDS LifeCycle Finish Line 27 EXHIBIT E

INSURANCE REQUIREMENTS AND VERIFICATIONS
Licensee shall procure and maintain for the duration of the Agreement insurance against claims for injuries to persons or damages to property that may arise from or in connection with the performance of the work hereunder by the Licensee, its agents, representatives, employees or sublicensees.

Minimum Scope and Limits of Insurance
Coverage shall be at least as broad as:

1. Commercial General Liability (CGL): Insurance Services Office Form CG 00 01 covering CGL on an “occurrence” basis, including products and completed operations, personal and advertising injury, with limits of no less than $1,000,000 per occurrence. Said policy shall be endorsed to provide for liquor liability, if liquor is provided and sold.

If the Licensee maintains broader coverage or higher limits than the minimums shown above, the City of Santa Monica requires and shall be entitled to the broader coverage or higher limits maintained by the Licensee. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to the City of Santa Monica.

Other Insurance Provisions

1. The insurance policies are to contain, or be endorsed to contain, the following provisions:
a. Additional Insured Status: The City of Santa Monica, its officers, officials, employees and volunteers are to be covered as additional insureds on the CGL policy with respect to liability arising out of work or operations performed by or on behalf of Licensee including materials, parts, or equipment furnished in connection with such work or operations. CGL coverage can be provided in the form of an endorsement to the Licensee’s insurance (at least as broad as Insurance Services Office Form CG 20 10 11 85, or if not available, through the addition of both CG 20 10, CG 20 26, CG 20 33, or CG 20 38 and CG 20 37). b. Primary Coverage: For any claims related to this Agreement, the Licensee’s insurance shall be primary coverage as least as broad as Insurance Services Office Form CG 20 01 04 13 as respects the City of Santa Monica, its officers, officials, employees and volunteers. Any insurance or self-insurance maintained by the City of Santa Monica, its officers, officials, employees or volunteers shall be in excess of the Licensee’s insurance and shall not contribute with it.
c. Notice of Cancellation: Each insurance policy required herein shall state that coverage shall not be cancelled except after notice has been given to the City of Santa Monica. d. Waiver of Subrogation: Licensee hereby grants to the City of Santa Monica a waiver of any right of subrogation which any insurer of said Licensee may acquire against the City of Santa Monica by virtue of payment of any loss. Licensee agrees to obtain any endorsement that may be necessary to affect this waiver of subrogation, but this provision DocuSign Envelope ID: 80F3C410-094B-4ED6-BEFC-BDF8AD6ED4B3

5.F.e
Packet Pg. 305 Attachment: 2024 AIDS LifeCycle Finish LIne Festival License Agreement (6610 : Approval of License Agreement for AIDS LifeCycle Finish Line 28 applies regardless of whether or not the City of Santa Monica has received a waiver of subrogation endorsement from the insurer.

Self-Insured Retentions
Self-insured retentions must be declared to and approved by the City of Santa Monica. The City of Santa Monica may require the Licensee to purchase coverage with a lower retention or provide satisfactory proof of ability to pay losses and related investigations, claim administration, and defense expenses within the retention. The policy language shall provide, or be endorsed to provide, that the self-insured retention may be satisfied by either the name insured or the City of Santa Monica.

Acceptability of Insurers
Insurance is to be placed with insurers authorized to conduct business in California with a current A.M. Best rating of no less than A:VII, unless otherwise acceptable to the City of Santa Monica.

Verification of Coverage
Licensee shall furnish the City of Santa Monica with original certificates and amendatory endorsements (or copies of the applicable policy language effecting coverage provided by this clause). All certificates and endorsements are to be received and approved by the City of Santa Monica before work commences. However, failure to obtain required documents prior to the work beginning shall not waive the Licensee’s obligation to provide them. The City of Santa Monica reserves the right to require complete, certified copies of all required insurance policies, including the endorsements required herein, at any time.

Failure to Maintain Insurance Coverage
If Licensee, for any reason, fails to maintain insurance coverage which is required pursuant to this Agreement, the same shall be deemed a material breach of contract. The City of Santa Monica, at its sole option, may terminate this Agreement and obtain damages from the Licensee resulting from said breach.

DocuSign Envelope ID: 80F3C410-094B-4ED6-BEFC-BDF8AD6ED4B3

5.F.e
Packet Pg. 306 Attachment: 2024 AIDS LifeCycle Finish LIne Festival License Agreement (6610 : Approval of License Agreement for AIDS LifeCycle Finish Line 29 EXHIBIT F

LIST OF APPROVALS AND PERMITS
Licensee will need to obtain the following approvals and permits to use the License Area as contemplated in the License Agreement:
 Contact the Santa Monica Business License Office [email protected] (310-458-8745) to arrange for submittal of a list of expected supply/service providers (promoter, caterer, rental companies, valet, security etc.) with a copy to this office. Be sure to mention that you are associated with a special event. Each of your supply/service providers must obtain a Santa Monica business license. Individual retail vendors at permitted events are exempt from having to obtain a Santa Monica business license.

PARKING OFFICE
 Contact Robin “Tanza” Greenwood, Parking Operations
[email protected] to make arrangementsto have event area cordoned off in advance of event. The City does not provide for free or reduced rate parking. All standard rates apply.
 Overnight security required.
 Bike path must not be obstructed at any time.
 Obtain the following from the Parking Office: 1) a list of approved vendors for parking lot repairs; and 2) the standard requirements for restoration of the parking lot. Note:

Transportation Management must approve all completed repairs before clean-up/damage deposit can be refunded.

FIRE DEPARTMENT
 Contact Santa Monica Fire Prevention at [email protected] or (310-458- 8915), to: 1) submit a detailed site plan including the exit plans for set up in the parking lot for final capacity approval, and showing location/sizes of all fixtures and temporary structures. Site plan must include a security plan as well. All fixtures and temporary structures must be set up to allow ample pedestrian and a 20-foot emergency vehicle clearance at all times; 2) determine if there is a need to hire a fire safety officer; 3) apply for a tent/canopy permit; and 4) have cooking/open flame plans approved.  The Office of the Fire Marshall has final determination of occupant load approval for your event based not only on layout, but also based on event type and activities. Any event may be closed or shutdown to additional occupants if conditions exist that do not allow for safety of the occupants due to overcrowding or other similar factors that would elicit unsafe conditions for public safety and the occupants within.

DocuSign Envelope ID: 80F3C410-094B-4ED6-BEFC-BDF8AD6ED4B3

5.F.e
Packet Pg. 307 Attachment: 2024 AIDS LifeCycle Finish LIne Festival License Agreement (6610 : Approval of License Agreement for AIDS LifeCycle Finish Line 30 POLICE DEPARTMENT
 Contact Sgt. Derek Leone , Police Department [email protected] (310-458- 8478), to: 1) have security/crowd control plans approved; and 2) if required, make arrangements to hire Santa Monica police officers. If required to hire officers, you will be provided with an “estimate of cost” form that will need to be returned to Police Department within 10 days of receipt. Failure to do so may delay or forfeit your Event Permit.

BUILDING & SAFETY –COMMUNITY DEVELOPMENT DEPARTMENT
 Contact Building and Safety via City’s 311 system or schedule a public counter appointment to visit a plan check engineer at https://checkin.smgov.net  All permit applications are only accepted online via City’s Electronic Plan Review system. o If your project is eligible for counter review and approval there are two options to submit.
 Submit for Virtual Same-Day Review process. Please visit following URL for more information and to find a link to schedule an appointment with our plan review staff; or
 Schedule an appointment to come into public counter to obtain reviews and approval at https://checkin.smgov.net/
o If your project is not eligible for counter approval and requires plan review then you must submit your project to the City's Electronic Plan Review system at:
https://www.smgov.net/Departments/PCD/Permits/Plan-Review/Electronic-Plan-Review/

DEPARTMENT OF TRANSPORTATION
q Arrange for parking meter reservations at the Station E Counter in City Hall (310-458- 8291).
q If your project requires vehicular or bike lane closures on one of the City’s “Streets of Significance”, a Temporary Traffic Control Plan (TTCP) will be required. The City’s “Streets of Significance” list, as well as TTCP preparation and submittal requirements, are available on the City’s website here. TTCPs must be submitted for review using the City’s Electronic Plan Review (EPR) system (details and submittal instructions are at the link provided). Note that it can take several months to obtain approval of a TTCP, so you are encouraged to start this process early. If you have questions on whether your project will require a TTCP or on the submittal requirements, email [email protected]. q Obtain a One-Day Temporary On-Street Valet Permit for your event. The application form is available on the City’s website here. Submit the completed application to [email protected] for processing. Valet Company must provide proof of garagekeeper’s legal liability insurance in the amount of $1,000,000 per occurrence. See DocuSign Envelope ID: 80F3C410-094B-4ED6-BEFC-BDF8AD6ED4B3

5.F.e
Packet Pg. 308 Attachment: 2024 AIDS LifeCycle Finish LIne Festival License Agreement (6610 : Approval of License Agreement for AIDS LifeCycle Finish Line 31 insurance paragraph at the end of this letter for specific requirements; and 2) have parking/traffic circulation plan approved.

RESOURCE, RECOVERY & RECYCLING
 Contact Resource Recovery and Recycling by email at:
[email protected] to: 1) have clean-up/recycling plans approved; and 2) if needed, make arrangements to use the City’s available services.

COMPLIANCE WITH SIGNAGE ORDINANCE –Temporary non-permanent signs may be installed that identify or pertain to the Event within the License Area. Signs that identify or pertain to the Event may have the logo of a commercial sponsor or vendor, but the logo may not exceed 30% of the sign area. Signs must be internally oriented to the extent possible. The logo of a tobacco sponsor is prohibited.
 Submit a detailed signage plan as soon as possible. Plan must include a description of the sign including size, material, text, exact location, and method of installation. Signage will not be permitted if signage plan is not approved.

PUBLIC FACILITIES SERVICES
 Contact Shidan Adlparvar (310 434-2603) or Tad Banach (310 458-2181) to make arrangements to use the electrical service in the 1550 lot. Parking lot lights service is under the City’s Streets Division. Contact Sylvester Mabry (310 458-85025) or Allen Issagholian (310 458-8502) to make arrangements regarding use of the parking lot lights in the 1550 lot.

FILM PERMIT
 The City of Santa Monica contracts with the FilmLA to coordinate film permits. All filming inquiries and film permit applications should be submitted to FilmLA through their Online Permit System at filmla.com at least 5 business days before the first day of filming. To start your process, please contact FilmLA's Production Planning Department at 213-977-8600.

LOS ANGELES COUNTY
 Contact Los Angeles County Lifeguards [email protected] (310-394-3261) for your event.

FOOD AND BEVERAGE
 If you plan to sell or serve food to the public, the Los Angeles County Health Department requires that you obtain a Health Permit. Please contact Victor Abdelmalak at the Health Department West Office [email protected] (310-410-3400) for more information. Please note that our office routinely notifies the Health Department of applications for events that involve selling or serving food to the public.

DocuSign Envelope ID: 80F3C410-094B-4ED6-BEFC-BDF8AD6ED4B3

5.F.e
Packet Pg. 309 Attachment: 2024 AIDS LifeCycle Finish LIne Festival License Agreement (6610 : Approval of License Agreement for AIDS LifeCycle Finish Line 32  Submit a copy of your State of California Alcoholic Beverage Control Permit.  Alcohol must be served and consumed within a defined, enclosed area with security at all entries. All alcohol sponsorship signage must be displayed inside the defined, enclosed area only. Comply with all sections of the City’s “Guidelines for Sale and/or Consumption of Alcohol at Community Events

STATE OF CALIFORNIA COASTAL COMMISSION
Contact the Coastal Commission to confirm if a Coastal Development Permit is required.

Contact: Amber Dobson: [email protected]

AMPLIFIED SOUND
 Amplified sound is permitted from 9 am to 7:00 pm the days of the event. All speakers must be directed away from residences. On the Pier Deck Portion all speakers must face the west end of the Pier. On the Beach Site License Area all speakers must face to the west (toward the Pacific Ocean). Sound check and/or rehearsal time is permitted as follows:

Monday – Friday : 7 am to 10 pm; Saturday and Saturday, 8 am to 10 pm. Continuation of amplified sound beyond this time may result in the event being closed.

BEACH PARKING LOT EVENT SITE RULES:
 If City property is destroyed or damaged by reason of permittee’s use, event, or activity and the damage or destruction is directly attributable to the permitee, the permittee will reimburse the City for the actual replacement or repair cost of the destroyed or damaged property.
 Overnight security required.
 Contact the Underground Service Alert (800-422-4133) no more than 14 calendar days before to installing tent to have the utility and electrical lines flagged in the parking lot.  Hydrant Meter Connection - A fire hydrant meter is primarily used to fill an approved water truck for temporary use. To obtain a hydrant meter connection you must fill out an application and pay a fee of $264.99. A completed application must be turned in at the Business and Revenue Operations Office located at 1685 Main Street CHE, Santa Monica, CA 90401.
 Bike path must not be obstructed or obscured in any way  All generator cabling must be flown over the bike path at a minimum of 8 feet in height and be the width of the bike path.
 Entire perimeter of event area must be barricaded with, at a minimum, bicycle racks and cones, K-rails or chain link fence. Site plan submitted to Fire and Police must show barricades along with a description of the type of barricade to be used. Barricades must allow the proper ingress/egress as required by the Fire Department.  Reserved event area must include space for attendees to assemble in while waiting to enter the event. Attendees cannot assemble or line up outside of the reserved area.

DocuSign Envelope ID: 80F3C410-094B-4ED6-BEFC-BDF8AD6ED4B3

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Packet Pg. 310 Attachment: 2024 AIDS LifeCycle Finish LIne Festival License Agreement (6610 : Approval of License Agreement for AIDS LifeCycle Finish Line 33 Waiting area must also be barricaded to ensure that attendees stay out of the general parking and traffic area.
 All exits and aisles must be kept clear and visible. Entrances and exits must be clearly marked.
 Smoking is prohibited.
 Propane cooking is not permitted in tents/canopies.
 All propane tanks should be, properly secured and at least 10 feet from booths and cooking area.
 Fire extinguishers are required near generators and any open flame cooking.  The use of non-recyclable plastic food and polystyrene/Styrofoam containers is prohibited.

This includes no. 6 in the recycling logo. For more information visit www.smepd.org/container.
 Event area must be cleaned and all litter removed immediately following the close of event.
 Provide adequate restroom facilities as required by the Los Angeles County Health Department (one for every 250 men; two for every 175 women). At least 10% of restrooms must be accessible to disabled persons.

DocuSign Envelope ID: 80F3C410-094B-4ED6-BEFC-BDF8AD6ED4B3

5.F.e
Packet Pg. 311 Attachment: 2024 AIDS LifeCycle Finish LIne Festival License Agreement (6610 : Approval of License Agreement for AIDS LifeCycle Finish Line 34 EXHIBIT G

LIST OF AUTHORIZED REPRESENTATIVES
Licensee’s Authorized Representatives
Brian Bostwick - Dir. Production & Special Events
[c] 626-497-3978
[o] 323-860-7327
[e] [email protected]
Tracy Evans - Ride Director
[o] 415-581-6894
[e] [email protected]
DocuSign Envelope ID: 80F3C410-094B-4ED6-BEFC-BDF8AD6ED4B3 Cailin Corbett -Ride Director (Eff. 11/15/2023)
[o] (323) 860-7374
[C] (203) 233-6855
[e][email protected]

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Packet Pg. 312 Attachment: 2024 AIDS LifeCycle Finish LIne Festival License Agreement (6610 : Approval of License Agreement for AIDS LifeCycle Finish Line City of Santa Monica Levine Act Disclosure Form

CITY OF SANTA MONICA

CALIFORNIA LEVINE ACT DISCLOSURE
In 2022, California’s SB1439 extended requirements under Government Code Section 84308, also known as the "Levine Act", to prohibit City “Officers” from participating in any action related to a contract, license, permit, or entitlement if such Officer received campaign contributions totaling more than $250 within the previous twelve months, and for twelve months following the date of a final decision, from a party or participant to the proceeding, or their agent.

Section 84308(a)(4) of the Levine Act defines an "Officer" as follows: “Officer” means any elected or appointed officer of an agency, any alternate to an elected or appointed officer of an agency, and any candidate for elective office in an agency. The term “Officer” is further defined 2 Cal. Code Regs. Section 18438.1, which states:

An officer of an agency includes only those persons who make, participate in making, or in any way attempt to use their official position to influence a decision in the license, permit, or entitlement for use proceeding, or who exercise authority or budgetary control over the agency or officers who may do so, and:
(1) Serve in an elected position, including an official appointed to an elected position due to an interim vacancy or an election otherwise canceled because the official was the sole candidate for the position;
(2) Serve as a member of a board or commission;
(3) Serve as the chief executive of a state agency, or county, city or district of any kind; or
(4) Have decision making authority with respect to the proceeding involving a license, permit, or other entitlement for use and is also a candidate for elected office or has been a candidate for elective office in the 12 months prior to the proceeding.

A list of Santa Monica Elected Officials and members of boards and commissions can be found at the following links. The party making this certification is responsible for determining whether a recipient of a political contribution is a City Officer prior to completing this form.
https://www.smgov.net/departments/council/
https://www.santamonica.gov/departments/rent-control
https://www.smgov.net/boards
Have you, your company, or any agent on behalf of you or your company, made any political contributions of more than $250 to any City Officer in the twelve months preceding the date of the submission of your application or proposal? ____YES ____ NO
Name of Councilmember or City Officer: _________________________________

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Packet Pg. 313 Attachment: ALC 2025-SaMo Levine Act Disclosure 20240926 (6610 : Approval of License Agreement for AIDS LifeCycle Finish Line Event) City of Santa Monica Levine Act Disclosure Form
Name of Contributor: _________________________________________________ Date(s) of Contribution(s): ____________________________________________ Amount(s) ________________________________________________________ Please specify below and/or add additional sheet(s) to identify additional Councilmembers or City Officers to whom you and/or your agents made campaign contributions.

Answering YES does not preclude the City of Santa Monica from awarding a contract, license, permit, or entitlement or taking any subsequent action related to the item. It does, however, preclude the identified City Officer from participating in any actions related to such item.

By signing below, you certify you also agree to disclose to the City any future contributions made to Councilmembers or other City Officers by you or your agent(s) after the date of signing this disclosure form, and within 12 months following the approval, renewal, or extension of the requested contract, license, permit, or entitlement.

I HEREBY CERTIFY UNDER PENALTY OF PERJURY UNDER THE LAWS OF THE STATE OF CALIFORNIA THAT THE FOREGOING IS TRUE AND CORRECT.

Signed: ____________________________ Date: ____________________ Print Name: _________________________ Title: _____________________ Company: __________________________
Additional Disclosures:

Please note this form is a public record and subject to a California Public Records Act request.

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Packet Pg. 314 Attachment: ALC 2025-SaMo Levine Act Disclosure 20240926 (6610 : Approval of License Agreement for AIDS LifeCycle Finish Line Event) City Council
Report
City Council Meeting: October 8, 2024
Agenda Item: 5.G
1 of 2
To: Mayor and City Council
From: Nikima Newsome, City Clerk, Records and Election Services Department Subject: Approval of Cancellation of Regular City Council Meetings for November 12 and 26 and Amending 2024 Council Meeting Resolution
Recommended Action
Staff recommends that the City Council vote to cancel the regular meetings scheduled for November 12 and November 26, 2024, due to a lack of a quorum, and adopt the attached resolution amending the 2024 Council regular meeting calendar.

Summary
Charter section 611 requires the Council to hold two regular meetings per month, and that the meeting calendar shall be established by ordinance or resolution.

Discussion
Santa Monica City Charter section 611 states:

The City Council shall hold regular meetings at least twice each month, at such times as it shall fix by ordinance or resolution and may adjourn or readjourn any regular meeting to a date certain, which shall be specified in the order of adjournment and when so adjourned, each adjourned meeting shall be a regular meeting for all purposes.

The resolution amends Resolution No. 11563 (CCS), which authorizes the City Clerk to cancel a regular meeting for an anticipated lack of a quorum, and that additional regular meetings for 2024 may be scheduled by amendment to the resolution.

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Environmental Review
This is not a project under CEQA.

Financial Impacts and Budget Actions
There is no financial impact or budget action necessary as a result of recommended action.

Prepared By: Nikima Newsome, City Clerk
Approved Forwarded to Council
Attachments:

A. Resolution establishing the City Council meeting schedule for 2024

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1 City Council Meeting October 8, 2024 Santa Monica, California RESOLUTION NUMBER _________ (CCS)
(City Council Series)

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
SANTA MONICA AMENDING THE 2024 COUNCIL MEETING CALENDAR WHEREAS, pursuant to Charter section 611, the City Council establishes its regular meeting schedule for the year, and
WHEREAS, the Council adopted its schedule via Resolution No. 11563(CCS), and WHEREAS, the Council now wishes to amend the 2024 meeting schedule set forth in Resolution No. 11563(CCS).

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

SECTION 1. Pursuant to Charter section 611, the City Council establishes the following revised regular meeting calendar for the year 2024:

January 9 (cancelled), 23
February 13, 27
March 19, 26
April 9, 23
May 14, 28
June 11, 25
July 9, 23
August 13, 27
September 10, 24
October 8, 22
November 11, 12 (cancelled), 26 (cancelled)
December 10, 17

5.G.a
Packet Pg. 317 Attachment: Resolution establishing the City Council meeting schedule for 2024 (6617 : Cancellation of Council Mtg for 11/12 and 11/26 and 2 SECTION 2. A scheduled regular meeting may be subject to cancellation by the City Clerk for anticipated lack of quorum, and a regular meeting may be added by Council amending this Resolution.

SECTION 3. 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

5.G.a
Packet Pg. 318 Attachment: Resolution establishing the City Council meeting schedule for 2024 (6617 : Cancellation of Council Mtg for 11/12 and 11/26 and City Council
Report
City Council Meeting: October 8, 2024
Agenda Item: 5.H
1 of 2
To: Mayor and City Council
From: Douglas Sloan, City Attorney, City Attorney's Office, Administration Subject: Second Reading and Adoption of an Ordinance Amending the Text of the Zoning Ordinance for Consistency with the Goals, Policies, and Programs Set forth in the 6th Cycle (2021-2029) Housing Element; to Allow for the Separate Conveyances of Accessory Dwelling Units in accordance with AB 1033; Incorporate Interim Zoning Regulations Authorizing the Establishment of Objective Design Standards for Housing Projects that Qualify for the Streamlined Ministerial Approval Established by SB35; Integrate Development Standards and Land Use Regulations for the Bergamot Area Plan, with Amendments for Consistency with the Goals, Policies and Programs Set Forth in the 6th Cycle Housing Element, Updates to Development Standards for Non-Housing Projects, and Other Minor Amendments for Consistency with the Zoning Ordinance; for Consistency with Recent Updates to State Housing Law; and Making Other Minor Changes, Corrections, and Clarifications
Recommended Action
Staff recommends that the City Council adopt the attached Ordinance.

Executive Summary
At its meeting on September 24, 2024, the City Council introduced for first reading an Ordinance amending the text of the Zoning Ordinance for consistency with the goals, policies, and programs set forth in the 6th Cycle (2021-2029) Housing Element; to allow for the separate conveyances of accessory dwelling units in accordance with AB 1033; incorporate interim zoning regulations authorizing the establishment of objective design standards for housing projects that qualify for the streamlined ministerial approval established by SB35; integrate development standards and land use regulations for the Bergamot Area Plan, with amendments for consistency with the goals, policies and programs set forth in the 6th Cycle Housing Element, updates to development

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standards for non-housing projects, and other minor amendments for consistency with the Zoning Ordinance; for consistency with recent updates to state housing law; and making other minor changes, corrections, and clarifications. The ordinance is now presented to the City Council for adoption.

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

A. CDD-Ord-6th Cycle HE Phase 2 2d 100824

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Packet Pg. 320
1 City Council Meeting: October 8, 2024 Santa Monica, California ORDINANCE NUMBER _________ (CCS)
(City Council Series)

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA TO AMEND THE TEXT OF THE CITY’S ZONING ORDINANCE FOR CONSISTENCY WITH THE GOALS, POLICIES, AND PROGRAMS SET FORTH IN THE 6TH CYCLE (2021-2029) HOUSING ELEMENT; TO ALLOW FOR THE SEPARATE

CONVEYANCES OF ACCESSORY DWELLING UNITS IN ACCORDANCE WITH AB 1033; INCORPORATE INTERIM ZONING REGULATIONS AUTHORIZING THE

ESTABLISHMENT OF OBJECTIVE DESIGN STANDARDS FOR HOUSING

PROJECTS THAT QUALIFY FOR THE STREAMLINED MINISTERIAL APPROVAL ESTABLISHED BY SB 35; INTEGRATE DEVELOPMENT STANDARDS AND LAND

USE REGULATIONS FOR THE BERGAMOT AREA PLAN, WITH AMENDMENTS FOR

CONSISTENCY WITH THE GOALS, POLICIES, AND PROGRAMS SET FORTH IN THE 6TH CYCLE HOUSING ELEMENT, UPDATES TO DEVELOPMENT STANDARDS

FOR NON-HOUSING PROJECTS, AND OTHER MINOR AMENDMENTS FOR CONSISTENCY WITH THE ZONING ORDINANCE; FOR CONSISTENCY WITH RECENT UPDATES TO STATE HOUSING LAW; AND MAKING OTHER MINOR

CHANGES, CORRECTIONS, AND CLARIFICATIONS
WHEREAS, the Housing Element Law, California Government Code sections 65580 et seq., requires the City to review and update the Housing Element of its General Plan every eight years; and
WHEREAS, on October 11, 2022, the City Council conducted a duly-noticed public hearing to consider adopting the amended 6th Cycle Housing Element, and after considering all oral and written testimony, adopted Resolution Number 11469 (CCS), adopting an amended 6th Cycle Housing Element, which was certified by the State on October 14, 2022; and
WHEREAS, the Housing Element includes a variety of programs intended to achieve goals and policies related to new housing production for all income categories and the preservation of existing housing, ensuring there is equitable housing access to

5.H.a
Packet Pg. 321 Attachment: CDD-Ord-6th Cycle HE Phase 2 2d 100824 (6684 : Housing Element 2 Implementation - Second Reading) 2 all neighborhoods, housing for the homeless, including housing assistance and supportive services to low-income households, and eliminating housing discrimination; and
WHEREAS, the Housing Element requires the City to implement certain programs through amendments to the Land Use and Circulation Element of the General Plan, the Bergamot Area Plan, the Downtown Community Plan, and the Zoning Ordinance in phases, subject to specified deadlines, to ensure consistency with the goals, policies, and programs set forth in the 6th Cycle Housing Element; and WHEREAS, on March 21, 2023, the City Council conducted a duly-noticed public hearing and, after considering after considering all oral and written testimony, introduced for first reading Ordinance Number 2742 (CCS) to implement the first phase of the certified Housing Element Programs, including Programs 1.A, 1.F, 1.J, 2.C, 2.D, and 4.A of the 6th Cycle Housing Element, which provided for streamlined approvals of housing projects, streamlined design review of housing projects, revised development standards for housing projects, modified inclusionary requirements in the City’s Affordable Housing Production Program, and an updated the Density Bonus Ordinance, which was adopted by the City Council on April 11, 2023; and
WHEREAS, the second phase of implementation programs for the 6th Cycle Housing Element is due by either October 2024 or December 2024, per the commitment in the adopted 6th Cycle Housing Element; and
WHEREAS, the City now desires to undertake the second phase of implementation for consistency with the goals, policies, and programs set forth in the 6th Cycle Housing Element, including all or portions of: Programs 1.B (Streamline the

5.H.a
Packet Pg. 322 Attachment: CDD-Ord-6th Cycle HE Phase 2 2d 100824 (6684 : Housing Element 2 Implementation - Second Reading) 3 Architectural Review Process); 1.E (Revise the Design Standards in the Bergamot Area Plan); 1.H (Adaptive Reuse); 1.I (Innovations in Construction Technology); 2.B (Right of First Offer Ordinance); 2.C (Update the City’s Affordable Housing Production Program – Part 2); 2.I (Zoning for Variety of Housing Types); 3.A (Restrict the Removal of Existing Rental and Protected Units); 3.E (Maintain a Low Income Residential Repair Program); and 5.B (Low Barrier Navigation Centers As By-Right Use); and WHEREAS, since City Council’s adoption of the Housing Element, the State has enacted a variety of housing laws and provided additional guidance designed to further combat the state’s housing crisis; and
WHEREAS, Assembly Bill (“AB”) 1033, enacted October 11, 2023, authorizes a local agency to adopt a local ordinance to allow the separate conveyance of the primary dwelling unit and accessory dwelling unit (“ADU”) or ADUs as condominiums; and WHEREAS, on October 24, 2023, the City Council gave staff direction to draft an ordinance in line with AB 1033 to allow the separate conveyance of a primary dwelling unit and ADUs as condominiums, and
WHEREAS, Senate Bill (“SB”) 35, passed in 2017 by the California State Legislature and most recently amended by AB 423 in 2023, provides qualifying housing projects the opportunity to opt in to a streamlined, ministerial approval process through which a housing project is only reviewed against objective zoning and design review standards; and
WHEREAS, SB 35 applies to jurisdictions that do not have a compliant Housing Element or have not met their Regional Housing Needs Assessment (“RHNA”) goal for

5.H.a
Packet Pg. 323 Attachment: CDD-Ord-6th Cycle HE Phase 2 2d 100824 (6684 : Housing Element 2 Implementation - Second Reading) 4 construction of above-moderate income housing and/or housing for households below 80% area median income (AMI); and
WHEREAS, on June 30, 2023, HCD determined that Santa Monica fell behind on addressing Lower-Income housing needs for the City’s 5th Cycle (2013-2021) Housing Element, and, therefore, Santa Monica was subject to SB 35 for housing projects that include more than 50% of their units as affordable units and elect to comply with all the other requirements of SB 35; and
WHEREAS, on December 19, 2023, the City Council adopted Emergency Interim Zoning Ordinance (“EIZO”) Number 2772, authorizing Council to establish, by Resolution, objective design standards for housing projects that qualify for the streamlined, ministerial approval process established by SB 35; and
WHEREAS, on February 13, 2024, the City Council adopted EIZO 2777, extending the EIZO 2772; and
WHEREAS, as of June 3, 2024, however, HCD determined that Santa Monica is no longer subject to SB 35 (now SB 423) streamlining requirements based on the last Annual Progress Report submitted to HCD; and
WHEREAS, nonetheless, should the City be subject to SB 35 in the future, the City desires to integrate the provisions of EIZO 2772 as extended by EIZO 2777 into the Zoning Ordinance; and
WHEREAS, on March 25, 2024, the State enacted SB 477, which makes nonsubstantive changes and reorganizes various provisions related to the creation and regulation of ADUs and junior ADUs; and

5.H.a
Packet Pg. 324 Attachment: CDD-Ord-6th Cycle HE Phase 2 2d 100824 (6684 : Housing Element 2 Implementation - Second Reading) 5 WHEREAS, on October 11, 2023, the State enacted SB 684, which became effective July 1, 2024, and requires a local agency to ministerially consider, without discretionary review or a hearing, a parcel map or a tentative and final map for a housing development project that meets specified requirements, including that the housing development project consists of 10 or fewer residential units, meets certain minimum parcel size and density requirements, and is located on a lot zoned for multifamily residential development that is no larger than 5 acres; and WHEREAS, Assembly Bill 602 was passed in 2021 and came into effect on January 1, 2022, imposes certain requirements on local agencies regarding the establishment and implementation of Development Impact Fees, including a requirement that applicable fees be collected upon the issuance of a certificate of occupancy or final inspection, whichever occurs last; and
WHEREAS, the City’s development impact fees were established prior to the enactment of AB 602, and amendments to the Zoning Ordinance are necessary to ensure consistency with AB 602’s timing requirements; and
WHEREAS, on May 8, 2024, in accordance with Santa Monica Municipal Code section 9.46.030(B), the Planning Commission adopted a Resolution of Intention, Resolution Number 24-003 (PCS), declaring its intention to consider recommending to the City Council that the City Council amend the text of the Zoning Ordinance for consistency with the goals, policies, and programs set forth in the 6th Cycle Housing Element, allow for the separate conveyance accessory dwelling units in accordance with AB 1033; incorporate interim zoning regulations authorizing the establishment, by resolution, of objective design Standards for housing projects that qualify for the

5.H.a
Packet Pg. 325 Attachment: CDD-Ord-6th Cycle HE Phase 2 2d 100824 (6684 : Housing Element 2 Implementation - Second Reading) 6 streamlined, ministerial approval process established by SB 35; for consistency with recent changes to state housing laws; and make other minor changes, clarifications, and corrections; and
WHEREAS, on September 11, 2013, the City Council adopted the Bergamot Area Plan (“BAP”), which provides policies and standards to transition 142.5 acres of former industrial land into an arts-focused, transit-oriented, mixed-use pedestrian-oriented neighborhood anchored by the Bergamot Exposition Light Rail Station; and WHEREAS, the BAP envisions creating the City’s most sustainable neighborhood – one that both conserves the authentic, industrial character that has fostered a creative community in the area and removes barriers to housing, local restaurants, and local services to take full advantage of the arrival of the Exposition Light Rail; and WHEREAS, Chapter 5 of the BAP sets forth the land use regulations, which define the permitted uses in the Bergamot Plan Area, and the development standards, which regulate new site and building development by establishing standards for intensity, building height, open space, and other elements; and
WHEREAS, the land use regulations and development standards set forth in Chapter 5 of the BAP were developed prior to the adoption of the City’s Zoning Ordinance update, which became effective on July 24, 2015; and
WHEREAS, the processes and standards in the BAP have proven to be overly complex, unclear, onerous, and do not incentivize housing; and WHEREAS, as a result, since its adoption, only three housing projects have been proposed in the Bergamot area, as well as very limited commercial development; and

5.H.a
Packet Pg. 326 Attachment: CDD-Ord-6th Cycle HE Phase 2 2d 100824 (6684 : Housing Element 2 Implementation - Second Reading) 7 WHEREAS, in preparing the design standards for implementation of Housing Element Program 1.E, which includes review of the development standards set forth in Chapter 5 of the BAP, it has become apparent that developing revised design standards for non-housing projects will provide consistency and ease of use; and WHEREAS, further, review of the land use regulations in Chapter 5 of the BAP has highlighted inconsistencies between the BAP and the Zoning Ordinance, particularly due to the development of use classifications in the Zoning Ordinance that were not in existence at the time the BAP was adopted; and
WHEREAS, repeal of Chapter 5 of the BAP and integration of the land use regulations and development standards for the BAP into the Zoning Ordinance will increase efficiency, ease of use, and consistency for land use regulations and development standards throughout the City; and
WHEREAS, additional amendments to the text of the Zoning Ordinance are necessary to ensure internal consistency as well as consistency with the City’s General Plan and the Bergamot Area Plan; and
WHEREAS, on June 4, 2024, in accordance with Santa Monica Municipal Code section 9.46.030(B), the Planning Commission adopted a Resolution of Intention, Resolution Number 24-005 (PCS) declaring its intention to consider recommending to the City Council that the Council amend the text of the City’s Zoning Ordinance to integrate development standards and land use regulations for the Bergamot Area Plan, update development standards for non-housing projects, and make other minor amendments for consistency; and

5.H.a
Packet Pg. 327 Attachment: CDD-Ord-6th Cycle HE Phase 2 2d 100824 (6684 : Housing Element 2 Implementation - Second Reading) 8 WHEREAS, on April 9, 2019, the City Council adopted Ordinance Number 2606 (CCS), which, in part, amended text of the City’s Zoning Ordinance to update the City’s regulations on fortunetelling; and
WHEREAS, January 11, 2022, the City Council adopted Ordinance Number 2687 (CCS), which amended the text of the City’s Zoning Ordinance to remove the minor use permit requirement for tattoo parlors in the City’s Downtown and Mixed-Use and Commercial Districts; and
WHEREAS, in subsequent amendments to the City’s Zoning Ordinance, revisions enacted by Ordinance Numbers 2606 and 2687 were inadvertently omitted; and WHEREAS, the City Council desires to correct those inadvertent omissions; and WHEREAS, on August 7, 2024, in accordance with Santa Monica Municipal Code section 9.46.060(B), the Planning Commission conducted a duly noticed public hearing, and, after considering oral and written testimony regarding the proposed amendments to the text of the Zoning Ordinance, for consistency with the goals, policies, and programs in the second phase of the Housing Element implementation and to integrate development standards and land use regulations for the Bergamot Area Plan; allow for the separate conveyance of accessory dwelling units in accordance with AB 1033; incorporate interim zoning regulations authorizing the establishment, by resolution, of objective design standards for housing projects that qualify for the streamlined, ministerial approval process established by SB 35; incorporate updates for consistency with recent changes to State law; and make other minor changes, clarifications, and corrections, adopted a Resolution of Recommendation, Resolution Number 24-011 (PCS),

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Packet Pg. 328 Attachment: CDD-Ord-6th Cycle HE Phase 2 2d 100824 (6684 : Housing Element 2 Implementation - Second Reading) 9 recommending that the City Council amend the text of the Zoning Ordinance based on the following findings:

1. The proposed amendments to the text of the Zoning
Ordinance are consistent with the General Plan and any applicable specific plan in that that the amendments are required to implement all or portions of 6th Cycle Housing Element Programs 1.B (Streamline the Architectural Review Process); 1.E (Revise the Design Standards in the Bergamot Area Plan); 1.H (Adaptive Reuse); 1.I (Innovations in Construction Technology);

2.B (Right of First Offer Ordinance); 2.C (Update the City’s Affordable Housing Production Program – Part 2); 2.I (Zoning for Variety of Housing Types); 3.A (Restrict the Removal of Existing Rental and Protected Units);

3.E (Maintain a Low Income Residential Repair Program); and 5.B (Low Barrier Navigation Centers As By-Right Use), and to ensure consistency with programs that were previously implemented, and are otherwise consistent with the goals and policies of the General Plan. The proposed amendments also integrate development standards and land use regulations from the Bergamot Area Plan to increase efficiency, ease of use, and consistency for land use regulations and development standards throughout the City, and are otherwise consistent with the goals and policies of the Bergamot Area Plan.

5.H.a
Packet Pg. 329 Attachment: CDD-Ord-6th Cycle HE Phase 2 2d 100824 (6684 : Housing Element 2 Implementation - Second Reading) 10 that the amendments are necessary to implement housing programs in the 6th Cycle Housing Element and to achieve the level of housing production mandated by the City’s Regional Housing Needs Allocation, ensure consistency with State law, cure inconsistencies, and otherwise maintain the existing policies, standards and regulations of the Zoning Ordinance that promote public health, safety and welfare.

WHEREAS, on September 24, 2024, the City Council conducted a duly noticed hearing, and, after considering all oral and written testimony, desires to adopt the proposed amendments to the text of the Zoning Ordinance to: ensure consistency with the goals, policies, and programs set forth in the 6th Cycle Housing Element as part of the second phase of implementation; allow for the separate conveyances of primary dwelling units and ADUs in accordance with AB 1033; incorporate interim zoning regulations authorizing the establishment, by resolution, of objective design standards for housing projects that qualify for the streamlined, ministerial approval process established by SB 35; integrate development standards and land use regulations for the Bergamot Area Plan, with amendments for consistency with the goals, policies, and programs set forth in the 6th Cycle Housing Element, updates to development standards for nonhousing projects, and other minor amendments for consistency; provide consistency with recent changes to State housing laws; and make other minor changes, corrections, and clarifications as necessary, as set forth below.

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

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Packet Pg. 330 Attachment: CDD-Ord-6th Cycle HE Phase 2 2d 100824 (6684 : Housing Element 2 Implementation - Second Reading) 11 SECTION 1. Based upon the oral and written testimony presented to the City Council at the public hearing on September 24, 2024, regarding the proposed changes to the text of the Zoning Ordinance, for consistency with the goals, policies, and programs in the second phase of the Housing Element implementation; allow for the separate conveyance of accessory dwelling units in accordance with AB 1033; incorporate interim zoning regulations authorizing the establishment, by resolution, of objective design standards for housing projects that qualify for the streamlined, ministerial approval process established by SB 35; integrate development standards and land use regulations for the Bergamot Area Plan, with amendments for consistency with the goals, policies, and programs set forth in the 6th Cycle Housing Element, updates to development standards for non-housing projects, and other minor amendments for consistency; incorporate updates for consistency with recent changes to State law; and make other minor changes, clarifications, and corrections the City Council hereby makes the following findings:

5.H.a
Packet Pg. 331 Attachment: CDD-Ord-6th Cycle HE Phase 2 2d 100824 (6684 : Housing Element 2 Implementation - Second Reading) 12 3.E (Maintain a Low Income Residential Repair Program); and 5.B (Low Barrier Navigation Centers As By-Right Use), and to ensure consistency with programs that were previously implemented, and are otherwise consistent with the goals and policies of the General Plan. The proposed amendments also integrate development standards and land use regulations from the Bergamot Area Plan to increase efficiency, ease of use, and consistency for land use regulations and development standards throughout the City, and are otherwise consistent with the goals and policies of the Bergamot Area Plan.

2. The proposed amendments are consistent with the purpose of the Zoning Ordinance to promote the growth of the City in an orderly manner and to promote and protect the public health, safety and welfare in that the amendments are necessary to implement housing programs in the 6th Cycle Housing Element and to achieve the level of housing production mandated by the City’s Regional Housing Needs Allocation, ensure consistency with State law, cure inconsistencies, and otherwise maintain the existing policies, standards and regulations of the Zoning Ordinance that promote public health, safety and welfare.

Section 2. Article 9 of the Santa Monica Municipal Code is hereby amended to read as set forth in Exhibit A, attached hereto.

SECTION 3. Any provision of the Municipal Code or appendices thereto inconsistent with the provisions of this Ordinance, to the extent of such inconsistencies

5.H.a
Packet Pg. 332 Attachment: CDD-Ord-6th Cycle HE Phase 2 2d 100824 (6684 : Housing Element 2 Implementation - Second Reading) 13 and no further, is hereby repealed or modified to that extent necessary to effect the provisions of this Ordinance.

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

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

APPROVED AS TO FORM:
_______________________

DOUGLAS SLOAN
City Attorney

5.H.a
Packet Pg. 333 Attachment: CDD-Ord-6th Cycle HE Phase 2 2d 100824 (6684 : Housing Element 2 Implementation - Second Reading) 14 EXHIBIT A
Amendments to the Text of the Zoning Ordinance for Consistency with the Goals, Policies, and Programs Set Forth in the 6th Cycle (2021-2029) Housing Element; to Allow for the Separate Conveyances of Accessory Dwelling Units in Accordance with AB 1033; Incorporate Interim Zoning Regulations Authorizing the Establishment of Objective Design Standards for Housing Projects that Qualify for the Streamlined Ministerial Approval Established by SB 35; Integrate Development Standards and Land Use Regulations for the Bergamot Area Plan, with Amendments for Consistency with the Goals, Policies, and Programs Set Forth in the 6th Cycle (2021-2029) Housing Element, Updates to Development Standards for Non-Housing Projects, and Other Minor Amendments for Consistency with the Zoning Ordinance; For Consistency with Recent Updates to State Housing Law; and Making other Minor Changes, Corrections and Clarifications
[BEHIND THIS PAGE]

5.H.a
Packet Pg. 334 Attachment: CDD-Ord-6th Cycle HE Phase 2 2d 100824 (6684 : Housing Element 2 Implementation - Second Reading) 1 DIVISION 1: INTRODUCTORY PROVISIONS
Chapter 9.02, Establishment of Zoning Districts

Page 1 of 289 ends

5.H.a
Packet Pg. 335 Attachment: CDD-Ord-6th Cycle HE Phase 2 2d 100824 (6684 : Housing Element 2 Implementation - Second Reading) 2 CHAPTER 9.02 ESTABLISHMENT OF ZONING DISTRICTS

9.02.010 Establishment of Districts
The City is divided into zoning districts of such number and character as are necessary to achieve compatibility of uses within each district and implement the General Plan.

A. Base Zoning Districts. Base Zoning Districts into which the City is divided are established as shown in Table 9.02.010.A, Base Zoning Districts.

TABLE 9.02.010.A: BASE ZONING DISTRICTS
Short Name/Map Symbol Full Name
Single-Unit Residential District
R1 Single-Unit Residential
Multi-Unit Residential Districts
R2 Low Density Residential
R3 Medium Density Residential
R4 High Density Residential
Ocean Park Neighborhood Districts
OP1 Ocean Park Single-Unit Residential
OPD Ocean Park Duplex
OP2 Ocean Park Low Density Residential
OP3 Ocean Park Medium Density Residential
OP4 Ocean Park High Density Residential
Mixed-Use and Commercial Districts
MUBL Mixed-Use Boulevard Low
MUB Mixed-Use Boulevard
GC General Commercial
NC Neighborhood Commercial

Page 2 of 289 ends

5.H.a
Packet Pg. 336 Attachment: CDD-Ord-6th Cycle HE Phase 2 2d 100824 (6684 : Housing Element 2 Implementation - Second Reading) 3 Employment Districts
HMU Healthcare Mixed-Use
IC Industrial Conservation
OC Office Campus
Oceanfront Districts
OF Oceanfront
Public and Semi-Public Districts
CC Civic Center
PL Institutional/Public Lands
OS Parks and Open Space
Residential Mobile Home Park District
RMH Residential Mobile Home Park
Bergamot Area Plan Districts
BTV Bergamot Transit Village
MUC Mixed Use Creative
CAC Conservation: Art Center
CCS Conservation: Creative Sector
Downtown Community Plan Districts
LT
NV
BC
TA
OT
WT
Lincoln Transition
Neighborhood Village
Bayside Conservation
Transit Adjacent
Ocean Transition
Wilshire Transition
Memorial Park Neighborhood Area Plan Districts (to be determined as part of Area Plan process)

Page 3 of 289 ends

5.H.a
Packet Pg. 337 Attachment: CDD-Ord-6th Cycle HE Phase 2 2d 100824 (6684 : Housing Element 2 Implementation - Second Reading) 4 B. References to Classes of Base Districts. Throughout the Ordinance, the following references apply:

1. “R District” or “Residential District” shall include the following Districts: R1 Single-Unit Residential; R2 Low Density Residential; R3 Medium Density Residential; R4 High Density Residential; OP1 Ocean Park Single-Unit Residential; OPD Ocean Park Duplex; OP2 Ocean Park Low Density Residential; OP3 Ocean Park Medium Density Residential; OP4 Ocean Park High Density Residential; or OF Oceanfront. a. “Residential Low-Density District” shall include the following Districts:

R1 Single-Unit Residential; R2 Low Density Residential; OP1 Ocean Park SingleUnit Residential; OPD Ocean Park Duplex; OP2 Ocean Park Low Density Residential.
b. “Residential Medium and High-Density Districts” shall include the following Districts: R3 Medium Density Residential; R4 High Density Residential; OP3 Ocean Park Medium Density Residential; OP4 Ocean Park High Density Residential; RMH Residential Mobile Home Park; or OF Oceanfront.

2. “Nonresidential District” shall include any base Zoning District except the Residential Districts specified in subsection (B)(1) above.

C. Overlay Zoning Districts. Overlay Zoning Districts, one or more of which may be combined with a base district, are established as shown in Table 9.02.010.B, Overlay Zoning Districts. The regulations of an Overlay District govern in addition to or instead of the standards set forth in the underlying base district as specified in the applicable Sections of this Ordinance.

Page 4 of 289 ends

5.H.a
Packet Pg. 338 Attachment: CDD-Ord-6th Cycle HE Phase 2 2d 100824 (6684 : Housing Element 2 Implementation - Second Reading) 5 TABLE 9.02.010.B: OVERLAY ZONING DISTRICTS
Short Name/Map Symbol Full Name
AC Activity Center
NC Neighborhood Conservation
A Off-Street Parking
BCH Beach
MHO Moderate Income Housing Overlay

Page 5 of 289 ends

5.H.a
Packet Pg. 339 Attachment: CDD-Ord-6th Cycle HE Phase 2 2d 100824 (6684 : Housing Element 2 Implementation - Second Reading) 1 DIVISION 2: BASE AND OVERLAY DISTRICTS
Chapter 9.07, Single-Unit Residential District
Chapter 9.08, Multi-Unit Residential Districts
Chapter 9.09, Ocean Park Neighborhood Districts
Chapter 9.10, Downtown Districts
Chapter 9.11, Mixed-Use and Commercial Districts
Chapter 9.12, Bergamot Districts
Chapter 9.13, Employment Districts
Chapter 9.14, Oceanfront District
Chapter 9.15, Public and Semi-Public Districts
Chapter 9.18, Activity Center & Neighborhood Conservation Overlay Districts and Memorial Park Neighborhood Area Plan District
Chapter 9.19, Moderate Income Overlay District

Page 6 of 289 ends

5.H.a
Packet Pg. 340 Attachment: CDD-Ord-6th Cycle HE Phase 2 2d 100824 (6684 : Housing Element 2 Implementation - Second Reading) 2 CHAPTER 9.07 SINGLE-UNIT RESIDENTIAL DISTRICT

9.07.020 Land Use Regulations.

Table 9.07.020 prescribes the land use regulations for Single-Unit Residential District.

The regulations for each district are established by the letter designations listed below.

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

Land uses are defined in Chapter 9.51, Use Classifications. Use classifications and subclassifications not listed in the table are prohibited. Accessory uses are permissible when they are determined by the Zoning Administrator to be necessary and customarily associated with and appropriate, incidental, and subordinate to, the principal uses and which are consistent and not more disturbing or disruptive than permitted uses. The table also notes additional use regulations that apply to various uses. Section numbers in the right-hand column refer to other Sections of this Ordinance.

Page 7 of 289 ends

5.H.a
Packet Pg. 341 Attachment: CDD-Ord-6th Cycle HE Phase 2 2d 100824 (6684 : Housing Element 2 Implementation - Second Reading) 3 TABLE 9.07.020: LAND USE REGULATIONS—SINGLE-UNIT RESIDENTIAL DISTRICTS Use Classification R1 Additional Regulations
Residential Uses
Residential Dwelling Types
Accessory Dwelling Unit P Section 9.31.025, Accessory Dwelling Units and Junior Accessory Dwelling Units
Junior Accessory Dwelling
Unit
P Section 9.31.025, Accessory Dwelling Units and Junior Accessory Dwelling Units
Multiple-Unit Dwelling L(1) Section 9.31.195, Multiple-Unit Dwelling Projects Duplex P Section 9.31.125, Duplexes and Lot Splits on Parcels Zoned for Single-Unit Residential
Senior Citizen MultipleUnit DwellingL(1) Section 9.31.195, Multiple-Unit Dwelling Projects Single-Unit Dwelling P
Housing Types for Specific Needs
Employee Housing P
Family Day Care See sub-classifications below.

Large P Section 9.31.140, Family Day Care, Large
Small P
Residential Facilities See sub-classifications below.

Residential Care, Limited P
Hospice, Limited P
Supportive Housing P
Transitional Housing P
Public and Semi-Public Uses
Adult Day Care CUP
Child Care and Early
Education Facility
CUP Section 9.31.120, Child Care and Early Education Facilities Bed and Breakfast CUP Within Designated Landmarks only.

Section 9.31.090, Bed and Breakfasts
Community Assembly CUP Section 9.31.100, Community Assembly

Page 8 of 289 ends

5.H.a
Packet Pg. 342 Attachment: CDD-Ord-6th Cycle HE Phase 2 2d 100824 (6684 : Housing Element 2 Implementation - Second Reading) 4 Community Gardens P
Park and Recreation
Facilities, Public
P
Schools, Public or Private CUP
Transportation, Communication, and Utilities Uses
City Bikeshare Facility P
Utilities, Minor P
Specific Limitations
(1) Permitted only on parcels with existing surface parking lots:
(a) Owned in whole or in part by a Community Assembly use in accordance with requirements of Section

9.31.196, Multiple-Unit Dwelling Projects Located on Community Assembly Surface Parking Lots; or (b) Associated with existing multiple-unit dwellings or commercial uses in accordance with requirements of Section 9.31.197, Multiple-Unit Dwelling Projects Located on Residentially Zoned Surface Parking Lots.

9.07.030 Development Standards.

Table 9.07.030 prescribes the development standards for the Single-Unit Residential (R1) District. Additional regulations, including incentives for the retention of existing homes, are denoted with Section numbers throughout the table. Specific R1 District design review criteria is located directly following the table:

TABLE 9.07.030: DEVELOPMENT STANDARDS—SINGLE-UNIT RESIDENTIAL DISTRICT Standard R1 Additional Regulations
Parcel and Density Standards
Minimum Parcel Area (sq.
ft.) 5,000
Maximum Parcel Area (sq.
ft.) See Section 9.21.030(B)
Minimum Parcel Width (ft.) 50 For parcels bounded by the centerlines of First Court Alley, Seventh Street, Montana
Place North Alley, and Adelaide Drive, the
minimum parcel width is 100 ft. and the
minimum parcel depth is 175 ft.

Minimum Parcel Depth (ft.) 100

Page 9 of 289 ends

5.H.a
Packet Pg. 343 Attachment: CDD-Ord-6th Cycle HE Phase 2 2d 100824 (6684 : Housing Element 2 Implementation - Second Reading) 5 TABLE 9.07.030: DEVELOPMENT STANDARDS—SINGLE-UNIT RESIDENTIAL DISTRICT Standard R1 Additional Regulations
Maximum Allowable
Density 1 unit per parcel
Accessory Dwelling Units and Junior
Accessory Dwelling Units shall be permitted
as provided in Section 9.31.125, Accessory
Dwelling Units and Junior Accessory
Dwelling Units
A duplex shall be permitted as provided in
Section 9.31.125, Duplexes and Lot Splits
on Parcels Zoned for Single-Unit
Residential
Maximum Parcel Coverage (% of Parcel Area)
One-story structure less
than 18 ft. in height 50%
For parcels less than 5,000 sq. ft., a
maximum parcel coverage equaling
2,500 sq. ft. shall be permitted.

One-story structure 18 ft. or
more in height 45%
For parcels less than 5,000 sq. ft., a
maximum parcel coverage equaling
2,250 sq. ft. shall be permitted.

Two-story structure 45%
Parcel coverage shall be the sum
of ground floor parcel coverage
and second story parcel coverage.

For parcels less than 5,000 sq. ft., a
maximum parcel coverage equaling
2,250 sq. ft. shall be permitted with no
more than 1,125 sq. ft. allowable on
the second story.

Existing structure with
addition
(Applies to projects that do
not result in a demolition as
defined in Chapter 9.25,
Demolition and Relocation.)
55%
For a two-story structure, parcel
coverage shall be the sum of
ground floor parcel coverage and
second story parcel coverage.

For parcels less than 5,000 sq. ft., a
maximum parcel coverage equaling
2,750 sq. ft. shall be permitted with no
more than 1,375 sq. ft. allowable on
the second story.

Building Form and Location
Maximum Number of
Stories
2 Maximum Building Height (ft.)

Page 10 of 289 ends

5.H.a
Packet Pg. 344 Attachment: CDD-Ord-6th Cycle HE Phase 2 2d 100824 (6684 : Housing Element 2 Implementation - Second Reading) 6 TABLE 9.07.030: DEVELOPMENT STANDARDS—SINGLE-UNIT RESIDENTIAL DISTRICT Standard R1 Additional Regulations
Parcels up to 20,000 sq.
ft. in area
28 ft.
with no wall height above 23 ft.

Walls associated with roof structure
design such as gables and dormers are
permitted above 23 ft., provided such
walls comply with upper-story
stepback requirements.

Parcels greater than
20,000 sq. ft. in area and
with a front parcel line at
least 200 ft. in length
• 28 ft. for flat roof
• 32 ft. for pitched roof
Projections into Height
Limits
See Section 9.21.060, Height Projections
Minimum Setbacks (ft.)
Front Per Official Districting Map or
20 ft. if not specified
Side - One-story structure
less than 18 ft. in height
10% of parcel width or 3.5 ft.,
whichever is greater, but no more
than 15 ft. required
Side - Aggregate of both
sides for a two-story
structure or one-story
structure 18 ft. or more in
height
30% of parcel width, but no more
than 45 ft. required and each side
shall be at least 10% of the parcel
width or 3.5 ft., whichever is
greater
The aggregate side setback
requirement does not apply to the
following:
• New structures on parcels that are
45 ft. or less in parcel width;
• Additions to existing structures on
parcels that are less than 50 ft. in
width; or
• Structures on parcels less than 5,000
sq. ft.

Rear 15 ft. from rear parcel line

Page 11 of 289 ends

5.H.a
Packet Pg. 345 Attachment: CDD-Ord-6th Cycle HE Phase 2 2d 100824 (6684 : Housing Element 2 Implementation - Second Reading) 7 Additional Minimum Stepbacks for Upper Stories
Front Upper-Story
Stepback
The sum of all stepback areas
along the entire front building
elevation shall be at least 1% of
total parcel area and comply with
the requirements below.

However, if the entire upper story
is set back at least 3% of total
parcel depth from the required
front setback, no front upperstory stepback is required. • Each stepback area shall begin
at the required front setback
and shall comply with the
following: o The minimum stepback
depth shall be 3% of total
parcel depth and shall be
measured from the required
front setback.
o The maximum stepback
depth shall be 6% of total
parcel depth and shall be
measured from the required
front setback.
o Any stepback depth beyond
6% of total parcel depth
shall not be included in
calculating compliance with
this standard.
• Any stepback area used to
comply with a side upper-story
stepback requirement shall not
be included in calculating
compliance with this standard.

Page 12 of 289 ends

5.H.a
Packet Pg. 346 Attachment: CDD-Ord-6th Cycle HE Phase 2 2d 100824 (6684 : Housing Element 2 Implementation - Second Reading) 8 Side Upper-Story
Stepbacks
The sum of all stepback areas on
each side building elevation shall
be at least 1% of total parcel area
and comply with the
requirements below. However, if
the entire upper story is set back
at least 20% of total parcel width
from the side parcel line, no side
upper-story stepback is required
for the subject elevation. • Each stepback area shall begin at each respective minimum
side setback line and shall
comply with the following: o The minimum stepback
depth shall be 20% of total
parcel width and shall be
measured from the side
parcel line.
o The maximum stepback
depth shall be 25% of total
parcel width and shall be
measured from the side
parcel line.
o Any stepback depth beyond
25% of total parcel width
shall not be included in
calculating compliance with
this standard.
• Any stepback area used to
comply with a front upper-story
stepback requirement shall not
be included in calculating
compliance with this standard.

Page 13 of 289 ends

5.H.a
Packet Pg. 347 Attachment: CDD-Ord-6th Cycle HE Phase 2 2d 100824 (6684 : Housing Element 2 Implementation - Second Reading) 9 Sides—All portions of
buildings exceeding 23 ft.
in height
• No portion of a building other
than a permitted projection
shall intersect a plane
commencing at 23 ft. in height
at the minimum side setback
that extends at an angle of 45-
degrees from the vertical
toward the interior of the site.
• The 23 ft. height measurement
shall be taken from the same
reference grade as determined
for the subject site pursuant to
Section 9.04.050.

Upper-Story Outdoor Space
Maximum size of
individual balcony,
terrace, deck, first-story
roof deck, or similar
outdoor space
3% of parcel area or 300 sq. ft.,
whichever is less
Individual balconies, terraces, decks,
first-story roof decks, or similar
outdoor spaces larger than 100 sq. ft.
located in the rear half of the parcel
shall be set back a minimum distance
of 20% of the parcel width from the
side parcel lines.

Maximum size of roof
deck above second story 3% of parcel area or 300 sq. ft., whichever is less
Maximum of 1 per parcel with a 7 ft.
minimum setback from edges of
building.

Openness and Use of Setbacks
Maximum Front Setback Paving (% of required front setback area)
Parcels 25 ft. or more in
width
50%
Parcels less than 25 ft. in
width
60%
Building Projections into
Setbacks
See Section 9.21.110, Projections from Buildings into Minimum Setbacks and Daylight Plane
Excavation for Lightwells, Stairwells, and Access to Subterranean Garages and Basements

Page 14 of 289 ends

5.H.a
Packet Pg. 348 Attachment: CDD-Ord-6th Cycle HE Phase 2 2d 100824 (6684 : Housing Element 2 Implementation - Second Reading) 10 Basements and
subterranean garages
No basement or subterranean
garage shall extend into any
setback area, except for any
basement or garage located
beneath an accessory building
which is otherwise permitted
within a setback area, if such
basement, semi-subterranean, or
subterranean garage is located at
least 5 ft. from any parcel line
Lightwells and stairwells
• Side and rear setbacks may be
utilized for lightwells or
stairways to below-grade areas
• Excavated areas shall be set
back a minimum of 10% of the
parcel width from any parcel
line measured to the interior
wall surface of these excavated
areas
• For parcels where the aggregate side
setback is not required, up to a total
of 50 sq. ft. within the side and rear
setbacks may be utilized for
lightwells or stairways to belowgrade areas.
• Retaining walls shall not be
included in calculations for these
excavated areas.

Excavation for access
Excavation in the front setback
area for a driveway, stairway,
doorway, or other such element
for access purposes shall be no
deeper than 3 ft. below existing
grade
Vehicle Accommodation
Parking • See Sections 9.28.070, Location of Parking
• Section 9.28.120, Parking Design and Development Standards Driveways
• On parcels less than 100 ft. in width, no more than one driveway permitted
• See Section 9.28.120, Parking Design and Development Standards Incentives for Retention of Existing Homes
Building Additions Section 9.21.170, Building Additions Extending into Minimum Side Setbacks
Modifications to
Development Standards
Chapter 9.43, Modification and Waivers
Architectural Review

Page 15 of 289 ends

5.H.a
Packet Pg. 349 Attachment: CDD-Ord-6th Cycle HE Phase 2 2d 100824 (6684 : Housing Element 2 Implementation - Second Reading) 11 Architectural Review See Section 9.07.030(A)
Additional Standards
Accessory Buildings and
Structures
Section 9.21.020, Accessory Buildings and Structures
Accessory Dwelling Units Section 9.31.025, Accessory Dwelling Units and Junior Accessory Dwelling Units
Affordable Housing
Production Program Chapter 9.64, Affordable Housing Production Program Basements Section 9.52.020.0230, Basement Definition
Duplexes and Lot Splits on
Parcels Zoned for SingleUnit Residential
Section 9.31.125, Duplexes and Lot Splits on Parcels Zoned for SingleUnit Residential Fences, Walls, and Hedges Section 9.21.050, Fences, Walls, and Hedges Home Occupation Section 9.31.160, Home Occupation
Junior Accessory Dwelling
Units
Section 9.31.025, Accessory Dwelling Units and Junior Accessory Dwelling Units
Landscaping Chapter 9.26, Landscaping
Lighting Section 9.21.080, Lighting
Multiple-Unit Dwelling
Projects Section 9.31.195, Multiple-Unit Dwelling Projects Multiple-Unit Dwelling
Projects Located on
Community Assembly
Surface Parking Lots
Section 9.31.196, Multiple-Unit Dwelling Projects Located on Community Assembly Surface Parking Lots
Multiple-Unit Dwelling
Projects Located on
Residentially Zoned Surface
Parking Lots
Section 9.31.197, Multiple-Unit Dwelling Projects Located on Residentially Zoned Surface Parking Lots
Off-Street Parking Chapter 9.28, Parking, Loading, and Circulation Private Tennis Courts Section 9.31.250, Private Tennis Courts Projections from Buildings
into Minimum Setbacks
Section 9.21.110, Projections from Buildings into Minimum Setbacks and Daylight Plane

Page 16 of 289 ends

5.H.a
Packet Pg. 350 Attachment: CDD-Ord-6th Cycle HE Phase 2 2d 100824 (6684 : Housing Element 2 Implementation - Second Reading) 12 Projections into Height
Limits
Section 9.21.060, Height Projections
Refuse and Recycling
Screening and Enclosure
Section 9.21.130, Resource Recovery and Recycling Standards Solar Energy Systems Section 9.21.150, Solar Energy Systems A. Architectural Review.

1. Proposed development in the R1 Single-Unit District shall not be subject to architectural review if it conforms to the development standards set forth above except as follows:
a. The Architectural Review Board shall review any proposed duplex pursuant to Section 9.55.140.
b.
i. The Architectural Review Board shall review proposed development that is located on a parcel with a grade differential of 12.5 feet or more between the front and rear parcel lines, and associated with the following:
(a) New residential building; or
(b) A 50% or greater square foot addition to an existing dwelling unit.
ii. A proposed structure may be approved if its size, mass, and placement are found to be compatible with improvements in the immediate neighborhood.

2. The Architectural Review Board shall review and may approve proposed development that does not conform to the development standards set forth above as follows:

Page 17 of 289 ends

5.H.a
Packet Pg. 351 Attachment: CDD-Ord-6th Cycle HE Phase 2 2d 100824 (6684 : Housing Element 2 Implementation - Second Reading) 13 a. The Architectural Review Board shall review any proposed addition of 500 square feet or less that is regarded as a third story that is located on a parcel with a grade differential of 12.5 or more between the front and rear parcel lines.

The Architectural Review Board may approve such an addition if the following findings of fact are made
i. The street frontage and overall massing are compatible with the existing scale and neighborhood context;
ii. The addition does not enlarge the first-story of the existing residence such that a nonconforming condition is expanded; and
iii. The properties in the immediate neighborhood will not be substantially impacted.
b.
i. The Architectural Review Board shall review the following:
(a) Any proposed new structure on a parcel that is more than 45 feet in width that does not comply with the minimum aggregate side setback but that is set back a minimum of 10% of parcel width on each side; (b) Any proposed addition to an existing structure on a parcel 50 feet or more that does not comply with the minimum aggregate side setback but that is set back a minimum of 10% of parcel width on each side; (c) Any proposed two-story structure that does not conform to the standard set forth above for additional minimum stepbacks for upper stories;

Page 18 of 289 ends

5.H.a
Packet Pg. 352 Attachment: CDD-Ord-6th Cycle HE Phase 2 2d 100824 (6684 : Housing Element 2 Implementation - Second Reading) 14 (d) Any proposed structure that does not conform to the standards for subterranean garages and basements set forth in Table

9.07.030, Chapter 9.28 (Parking), and Section 9.52.020.230 of this Code; (e) Any proposed individual upper story balcony, terrace, deck, first-story roof deck, or similar outdoor space that does not conform to the standard set forth above;
(f) Any proposed structure with garage doors that face the public street, are located within the front half of the parcel, and: (i) are not set back from the primary façade facing the public street a minimum of 5 feet, or (ii) are more than 16 feet in width; or
(g) Any proposed structure that includes a first-story porch or second-story balcony that: (i) is open on at least three sides, (ii) has a height of no more than 14 feet, including parapets and railings, (iii) projects into the minimum front setback, and (iv) exceeds 50% of the front building width as measured at the front façade.
ii. The Architectural Review Board may approve a design modification set forth in this subsection if the following findings of fact are made:
(a) There are special circumstances or exceptional
characteristics applicable to the property involved, including size, shape, topography, surroundings, or location of the existing improvements or mature landscaping on the site;

Page 19 of 289 ends

5.H.a
Packet Pg. 353 Attachment: CDD-Ord-6th Cycle HE Phase 2 2d 100824 (6684 : Housing Element 2 Implementation - Second Reading) 15 (b) Granting the design modification will not be detrimental or injurious to the property or to improvements in the general vicinity and district in which the property is located;
(c) Granting the design modification will not impair the integrity and character of surrounding context, or impact the light, air, open space, or privacy of adjacent properties;
(d) If the design modification includes a modification or addition to a building on the City’s Historic Resources Inventory, the modification or addition is compatible with the building’s historic architectural character, does not result in the removal of historic building features, and is consistent with the Secretary of the Interior Standards for Rehabilitation; and (e) The design modifications comply with the criteria set forth in Section 9.55.140.

Page 20 of 289 ends

5.H.a
Packet Pg. 354 Attachment: CDD-Ord-6th Cycle HE Phase 2 2d 100824 (6684 : Housing Element 2 Implementation - Second Reading) 16 CHAPTER 9.08 MULTI-UNIT RESIDENTIAL DISTRICTS

9.08.020 Land Use Regulations
Table 9.08.020 prescribes the land use regulations for Multi-Unit Residential Districts.

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

Page 21 of 289 ends

5.H.a
Packet Pg. 355 Attachment: CDD-Ord-6th Cycle HE Phase 2 2d 100824 (6684 : Housing Element 2 Implementation - Second Reading) 17 TABLE 9.08.020: LAND USE REGULATIONS—MULTI-UNIT RESIDENTIAL DISTRICTS Use Classification
*For uses within specified areas, see
Section 9.08.030(A)
R2* R3* R4 Additional Regulations
Residential Uses
Residential Dwelling Types
Accessory Dwelling Unit P P P
Section 9.31.025, Accessory
Dwelling Units and Junior
Accessory Dwelling Units
Junior Accessory Dwelling Unit P P P
Section 9.31.025, Accessory
Dwelling Units and Junior
Accessory Dwelling Units
Multiple-Unit Dwelling P P P Section 9.31.195, Multiple-Unit Dwelling Projects
Duplex P P P Section 9.31.195, Multiple-Unit
Dwelling Projects
Senior Citizen Multiple-Unit Dwelling P P P Section 9.31.195, Multiple-Unit Dwelling Projects
Housing Types for Specific Uses
Congregate Housing P P P Section 9.31.110, Congregate
Housing
Elderly and Long-Term Care CUP CUP CUP
Emergency Shelters – CUP CUP Section 9.31.130, Emergency Shelters
Family Day Care See sub-classifications below.

Large P P P Section 9.31.140, Family Day Care,
Large
Small P P P
Group Residential MUP MUP MUP Section 9.31.155, Group Residential Senior Group Residential P P P Section 9.31.155, Group Residential Residential Facilities See sub-classifications below.

Residential Care, General MUP MUP MUP Section 9.31.270, Residential Care Facilities
Residential Care, Limited P P P Section 9.31.270, Residential Care Facilities
Residential Care, Senior L(2) /MUP L (2)/MUP L (2)/MUP Section 9.31.270, Residential Care Facilities
Hospice, General MUP MUP MUP Section 9.31.270, Residential Care Facilities
Hospice, Limited P P P Section 9.31.270, Residential Care Facilities
Single-Room Occupancy Housing P P P Section 9.31.330, Single Room Occupancy Structures
Supportive Housing P P P
Transitional Housing P P P
Public and Semi-Public Uses
Adult Day Care CUP CUP CUP
Child Care and Early Education Facilities CUP CUP CUP Section 9.31.120, Child Care and

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Packet Pg. 356 Attachment: CDD-Ord-6th Cycle HE Phase 2 2d 100824 (6684 : Housing Element 2 Implementation - Second Reading) 18 TABLE 9.08.020: LAND USE REGULATIONS—MULTI-UNIT RESIDENTIAL DISTRICTS Use Classification
*For uses within specified areas, see
Section 9.08.030(A)
R2* R3* R4 Additional Regulations
Early Education Facilities
Community Assembly CUP CUP CUP Section 9.31.100, Community Assembly
Community Gardens P P P
Cultural Facilities CUP CUP CUP Limited to Designated Landmarks Park and Recreations Facilities, Public P P P
Schools, Public or Private CUP CUP CUP
Commercial Uses
Automobile/Vehicle Sales and Services See sub-classifications below.

Automobile Storage Use CUP (3) CUP (3) –
Section 9.31.070,
Automobile/Vehicle Sales, Leasing,
and Storage
Automobile/Vehicle Sales and Leasing L (4)/CUP L (4)/CUP – Section 9.31.070,
Automobile/Vehicle Sales, Leasing,
and Storage
Food and Beverage Sales See sub-classifications below.

General Market CUP (5) CUP (5) CUP (5)
Section 9.31.040, Alcoholic
Beverage Sales
Section 9.31.150, General Markets
in Residential Districts
Lodging See sub-classifications below.

Bed and Breakfast CUP CUP CUP
Within Designated Landmarks only.

Section 9.31.090, Bed and
Breakfasts
Hotels and Motels – – CUP
Mobile Food Truck Off-Street Venues – MUP (7) – Section 9.31.190, Mobile Food Truck Off-Street Venues
Personal Services, Physical Training – L (9) –
Retail Sales See sub-classifications below.

General Retail Sales, Small-Scale – CUP (8) –
Transportation, Communication, and Utilities Uses
City Bikeshare Facility P P P
Utilities, Minor P P P
Specific Limitations:
(1) Reserved.
(2) Facilities for 6 or fewer residents are permitted by right. Other facilities require approval of a Minor Use Permit. (3) Limited to automobile storage use associated with and adjacent to existing auto dealerships that were legally established before July 6, 2010, and according to the standards of Section 9.31.070, Automobile/Vehicle Sales, Leasing, and Storage. (4) Auto dealership uses existing as of July 6, 2010 are considered permitted uses. Expansions to existing dealerships in residential zones are subject to approval of a Conditional Use Permit and must conform to the standards in Section 9.31.070, Automobile/Vehicle Sales, Leasing, and Storage. New auto dealerships and expansions of existing dealerships inconsistent with Section 9.31.070 are prohibited. (5) Only stores up to 2,500 square feet may be allowed with approval of a Conditional Use Permit. Stores must be located at least 300 feet from another retail food and beverage services use.
(6) Reserved.

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Packet Pg. 357 Attachment: CDD-Ord-6th Cycle HE Phase 2 2d 100824 (6684 : Housing Element 2 Implementation - Second Reading) 19 TABLE 9.08.020: LAND USE REGULATIONS—MULTI-UNIT RESIDENTIAL DISTRICTS Use Classification
*For uses within specified areas, see
Section 9.08.030(A)
R2* R3* R4 Additional Regulations
(7) Mobile food truck off-street venues shall only be located on the R3A overlay parcels located between Ocean Park Boulevard and Hill Street along the east side of Neilson Way.
(8) Limited to bicycle and skate rental facilities along Ocean Front. Other general retail sales uses are not permitted. (9) Limited to youth-serving studios of less than 3,000 square feet offering performing arts, dance, martial arts, physical exercise, and similar types of instruction in buildings designed and constructed for commercial purposes across an alley from the Downtown district subject to a passenger loading and drop-off plan to be reviewed and approved by the Director.

9.08.030 Development Standards
Table 9.08.030 prescribes the development standards for the Multi-Unit Residential Districts. Additional regulations are denoted with Section numbers in the right-hand column or with individual letters in parentheses. Section numbers refer to other Sections of this Article, while individual letters in parentheses refer to subsections that directly follow the table.

TABLE 9.08.030: DEVELOPMENT STANDARDS—MULTI-UNIT RESIDENTIAL DISTRICTS Standard
*For development standards
within specified areas, see
Section 9.08.030(A)
R2* R3* R4 Additional Regulations
Parcel and Density Standards
Minimum Parcel Size (sq. ft.) 5,000 5,000 5,000
Maximum Parcel Size (sq. ft.) See

9.21.030(B)(C)
See

9.21.030(B)(C)
Minimum Parcel Width (ft.) 50 50 50
Minimum Parcel Depth (ft.) 100 100 100
Maximum Allowable Density

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Packet Pg. 358 Attachment: CDD-Ord-6th Cycle HE Phase 2 2d 100824 (6684 : Housing Element 2 Implementation - Second Reading) 20 TABLE 9.08.030: DEVELOPMENT STANDARDS—MULTI-UNIT RESIDENTIAL DISTRICTS Standard
*For development standards
within specified areas, see
Section 9.08.030(A)
R2* R3* R4 Additional Regulations
Tier 1—Base Standard
1 unit per 2,000
sq. ft. of parcel
area (or 4 total
units, whichever
is less)
1 unit per 1,500
sq. ft. of parcel
area (or 5 total
units, whichever
is less)
1 unit per 1,250
sq. ft. of parcel
area (or 6 total
units, whichever
is less)
For parcels consolidated to
provide courtyards, the
maximum allowable
number of units shall be
based on the total maximum
number of units allowed on
each of the parcels prior to
consolidation.

For projects eligible for
density bonus, see Section

9.22.050(C), Calculating
Base Density
Tier 2—With Provision of
Community Benefits NA 1,250 900 Chapter 9.23, Community Benefits 100% Affordable Housing
Projects 1,500 1,250 900
Building Form and Location
Maximum Number of Stories
Tier 1—Base Standard 2 2 3
Tier 2—With Provision of
Community Benefits NA 3 4 Chapter 9.23, Community Benefits 100% Affordable Housing
Projects
No limit on number of stories as long as building
complies with height limit.

Maximum Building Height (ft.)
Tier 1—Base Standard 30. See (B) 30. See (B) 30. See (B) Tier 2—With Provision of
Community Benefits NA 40. See (B) 45. See (B) Chapter 9.23, Community Benefits 100% Affordable Housing
Projects 30. See (B) 40. See (B) 45. See (B)
Maximum Parcel Coverage
Maximum Parcel Coverage (% of
Parcel Area) 50 50 50
For projects with a base
density consisting of 8 to 10
units, an increase in parcel
coverage shall be permitted
as necessary to ensure a
Floor Area Ratio of 1.25
Minimum Setbacks
Front (ft.) 20
See (C)(E)
20 See (C)(E)
20 See (C)(E)
Interior Side (ft.)—Parcels 50 feet
or more in width
8 See (E)
8 See (E)
8 See (E)
For ownership projects that
comply with Government
Code 66499.41 or rental
projects 10 units or less
deemed complete as of July
1, 2024, side setbacks shall
be 4’.

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Packet Pg. 359 Attachment: CDD-Ord-6th Cycle HE Phase 2 2d 100824 (6684 : Housing Element 2 Implementation - Second Reading) 21 TABLE 9.08.030: DEVELOPMENT STANDARDS—MULTI-UNIT RESIDENTIAL DISTRICTS Standard
*For development standards
within specified areas, see
Section 9.08.030(A)
R2* R3* R4 Additional Regulations
Interior Side (ft.)—Parcels less
than 50 ft in width
4, or 16% of
parcel width,
whichever is
greater. See (E)
4, or 16% of
parcel width,
whichever is
greater. See (E)
4, or 16% of
parcel width,
whichever is
greater. See (E)
For ownership projects that
comply with Government
Code 66499.41 or rental
projects 10 units or less
deemed complete as of July
1, 2024, side setbacks shall
be 4’.

Street Side (% of parcel width) 15
See (C)(E)
15 See (C)(E)
15 See (C)(E)
For ownership projects that
comply with Government
Code 66499.41 or rental
projects 10 units or less
deemed complete as of July
1, 2024, side setbacks shall
be 4’.

Rear (ft.) 15 15 15
For ownership projects that
comply with Government
Code 66499.41 or rental
projects 10 units or less
deemed complete as of July
1, 2024, rear setbacks shall
be 4’.

Parking
See Sections 9.28.070, Location of Parking and

9.28.120, Parking Design and Development
Standards
Transition Requirements Adjacent to
R1 District See (D) See (D) See (D)
Open Space & Landscaping
Minimum Outdoor Living Area per
Unit (sq. ft.)—Sites with Three or
More Units
Section 9.21.090, Outdoor
Living Area
Private 60 60 60
Total (including private and
common) 150 150 100
Courtyards—Parcels over 99 feet in
width
No less than
10% of the total
parcel area.

See (F)
No less than
10% of the total
parcel area.

See (F)
Minimum Planting Area (% of parcel
area) 30. See (G) 25. See (G) 20. See (G) Chapter 9.26, Landscaping Additional Standards
Accessory Dwelling Units Section 9.31.025, Accessory Dwelling Units and Junior Accessory Dwelling Units
Accessory Structures Section 9.21.020, Accessory Buildings and Structures Affordable Housing Production
Program Chapter 9.64, Affordable Housing Production Program Density Bonus Chapter 9.22, Density Bonus

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Packet Pg. 360 Attachment: CDD-Ord-6th Cycle HE Phase 2 2d 100824 (6684 : Housing Element 2 Implementation - Second Reading) 22 TABLE 9.08.030: DEVELOPMENT STANDARDS—MULTI-UNIT RESIDENTIAL DISTRICTS Standard
*For development standards
within specified areas, see
Section 9.08.030(A)
R2* R3* R4 Additional Regulations
Fences and Walls Section 9.21.050, Fences, Walls, and Hedges Home Occupation Section 9.31.160, Home Occupation
Junior Accessory Dwelling Units Section 9.31.025, Accessory Dwelling Units and Junior Accessory Dwelling Units
Landscaping Chapter 9.26, Landscaping
Lighting Section 9.21.080, Lighting
Multiple-Unit Dwelling Projects Section 9.31.195, Multiple-Unit Dwelling Projects Multiple-Unit Dwelling Projects
Located on Community Assembly
Surface Parking Lots
Section 9.31.196, Multiple-Unit Dwelling Projects Located on Community Assembly Surface Parking Lots
Multiple-Unit Dwelling Projects
Located on Residentially Zoned
Surface Parking Lots
Section 9.31.197, Multiple-Unit Dwelling Projects Located on Residentially Zoned Surface Parking Lots
Off-Street Parking and Loading Chapter 9.28, Parking, Loading, and Circulation Projections into Height Limits Section 9.21.060, Height Projections Projections into Required Setbacks Section 9.21.110, Projections from Buildings into Minimum Setbacks and Daylight Plane
Refuse and Recycling Screening and
Enclosure Section 9.21.130, Resource Recovery and Recycling Standards Screening Section 9.21.140, Screening
Signs Chapter 9.61, Signs
Solar Energy Systems Section 9.21.150, Solar Energy Systems A. Development Standards, Specified Areas. The following development standards shall govern in the areas defined below.

1. For Multi-Unit Residential District parcels located north of the Pier and west of Ocean Avenue, the following development standards shall apply in lieu of the corresponding land use regulations specified in Table 9.08.020 and development standards specified in Table 9.08.030:

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Packet Pg. 361 Attachment: CDD-Ord-6th Cycle HE Phase 2 2d 100824 (6684 : Housing Element 2 Implementation - Second Reading) 23 a. Uses.
i. Permitted Uses: Single-Unit Dwelling; Accessory Dwelling Unit; Junior Accessory Dwelling Unit; Employee Housing; Single-Room Occupancy Housing; Congregate Housing; Multiple-Unit Dwelling; Duplex; Senior Citizen Multiple-Unit Dwelling; Senior Group Residential; Family Day Care, Large; Family Day Care, Small; Supportive Housing; Transitional Housing; Residential Care, Limited; Hospice, Limited; One-Story Accessory Building and Structures up to 14 feet in height; Parks and Recreation Facilities, Public. ii. Uses Subject to Minor Use Permits: Residential Care, General; Hospice, General; Group Residential; One-story accessory living quarters up to 14 feet in height on parcels having a minimum area of 10,000 square feet. iii. Conditionally Permitted Uses: Bed and Breakfast; Adult Day Care; Offices and Meeting Rooms for Charitable, Youth, and Welfare Organizations; Schools, Public or Private.
b. Maximum Building Height. Maximum building height shall be 40 feet, except that:
i. No portion of the building may project beyond the site view envelope.

The site view envelope is a theoretical plane beginning mid-point at the minimum required beach setback line and extending to a height of 30 feet, and then running parallel with the side parcel lines to a point located 5 feet in height above the top of the Palisades bluff immediately behind the pedestrian railing. ii. No portion of the building above 23 feet for a flat roof, and 30 feet for a pitched roof may exceed 30 feet in width. Multiple projections above 23 feet

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Packet Pg. 362 Attachment: CDD-Ord-6th Cycle HE Phase 2 2d 100824 (6684 : Housing Element 2 Implementation - Second Reading) 24 for a flat roof and 30 feet for a pitched roof shall be separated by a minimum 20-foot wide unobstructed view corridor. No projections, connections, or mechanical equipment may be placed in the view corridor. c. Maximum Allowable Density. For parcels 4,000 square feet or more, the maximum unit density shall be one dwelling unit for each 1,500 square feet of parcel area, or 4 total units, whichever is less. For parcels less than 4,000 square feet that existed on September 8, 1988, or parcels 40 feet or less in width, one dwelling unit may be permitted, except that more units may be otherwise permitted in accordance with Section 9.31.125, Duplexes and Lot Splits on Parcels Zoned for Single-Unit Residential. Accessory dwelling units and junior accessory dwelling units established in accordance with Section 9.31.025 shall be deemed to meet the allowable density for the parcel on which the accessory dwelling unit or junior accessory dwelling unit is located.
d. Maximum Parcel Coverage. 50% of the parcel area. For projects with a base density consisting of 8 to 10 units, an increase in parcel coverage shall be permitted as necessary to ensure a Floor Area Ratio of 1.25. e. Front Setback. The minimum required front setback shall be either 20 feet or shall comply with the minimum front setback for the district as set forth in the Official Districting Map, whichever area is greater. At least 30% of the building elevation above 14 feet in height shall provide an additional 5-foot average stepback from the minimum required front setback.
f. Beach Rear Setback. 15 feet for parcels 100 feet or less in depth and 55 feet for parcels over 100 feet in depth. Notwithstanding the foregoing, for

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Packet Pg. 363 Attachment: CDD-Ord-6th Cycle HE Phase 2 2d 100824 (6684 : Housing Element 2 Implementation - Second Reading) 25 ownership projects that comply with Government Code 66499.41 or rental projects 10 units or less deemed complete as of July 1, 2024, rear setbacks shall be 4 feet. g. Side Setback. The minimum required side setback shall be determined in accordance with the following formula, except that for lots of less than 50 feet in width, the minimum required side setback shall be 10% of the parcel width, but in any event not less than 4 feet:
5′ + (stories x parcel width)
50′
At least 25% of the side elevation above 14 feet in height shall provide an additional 4-foot average stepback from the minimum required side setback. Notwithstanding the foregoing, for ownership projects that comply with Government Code 66499.41 or rental projects 10 units or less deemed complete as of July 1, 2024, side setbacks shall be 4 feet.
h. Minimum Parcel Size. 5,000 square feet. Each parcel shall contain a minimum depth of 100 feet and a minimum width of 50 feet, except that parcels existing on September 8, 1988 shall not be subject to this requirement. i. View Corridor. A structure with 70 linear feet or more of frontage parallel to Pacific Coast Highway shall provide an unobstructed view corridor between Pacific Coast Highway and the ocean. The view corridor shall be a minimum of 20 feet in width and 40 feet in height measured from the property line parallel to the Pacific Coast Highway.
j. Parking. Uncovered parking may be located in the front half of the parcel and within the minimum required front setback.

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Packet Pg. 364 Attachment: CDD-Ord-6th Cycle HE Phase 2 2d 100824 (6684 : Housing Element 2 Implementation - Second Reading) 26 k. Private Open Space. Any project containing 4 or more residential dwelling units shall provide the following minimum open space: 100 square feet per unit for projects with 4 or 5 units, and 50 square feet per unit for projects of 6 units or more. For purposes of this requirement, “residential dwelling unit” shall mean any unit 376 square feet in area or larger. Affordable housing projects may substitute one square foot of common open space for each square foot of required private open space.
l. Projections into Beach Rear Setback. For parcels 100 feet or less in depth, balconies, decks, porches, and similar structures that are open and unenclosed on at least 2 sides shall be allowed to extend to the rear property line in the beach rear setback but not within the minimum side setbacks.

2. For Multi-Unit Residential District parcels bounded by Neilson Way to the east, Ocean Park Boulevard to the south, Barnard Way to the west, and up to and including the parcels on the north side of Wadsworth Avenue to the north, the following development standards shall apply in lieu of the corresponding land use regulations specified in Table 9.08.020 and development standards specified in Table 9.08.030:
a. Uses.
i. Permitted Uses: Single-Unit Dwelling; Duplex on any legal parcel that existed on August 31, 1975; Accessory Dwelling Unit; Junior Accessory Dwelling Unit; Employee Housing; Family Day Care, Small; Family Day Care, Large; Residential Care, Limited; Hospice, Limited; Supportive Housing, Transitional Housing; Parks and Recreation Facilities, Public.

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Packet Pg. 365 Attachment: CDD-Ord-6th Cycle HE Phase 2 2d 100824 (6684 : Housing Element 2 Implementation - Second Reading) 27 ii. Uses Subject to Minor Use Permits: One-story accessory buildings up to 14 feet in height on parcels having a minimum area of 10,000 square feet, exclusive of Accessory Dwelling Units and Junior Accessory Dwelling Units; Residential Care, General; Hospice, General.
iii. Conditionally Permitted Uses: One-story accessory buildings over 14 feet in height or two-story accessory buildings up to a maximum of 24 feet, exclusive of Accessory Dwelling Units and Junior Accessory Dwelling Units. b. Maximum Building Height. 2 stories, not to exceed 23 feet for a flat roof or 30 feet for a pitched roof. A “pitched roof” is defined as a roof with at least 2 sides having no less than one foot of vertical rise for every 3 feet of horizontal run. The walls of the building may not exceed the maximum height required for a flat roof. There shall be no limitation on the number of stories of any affordable housing project, as long as the building height does not exceed the maximum number of feet permitted in this Section.
c. Maximum Allowable Density. A minimum of one unit per 1,500 square feet of parcel area, or 4 units total, whichever is less. However, one duplex shall be permitted on any legal parcel that existed on August 31, 1975. Accessory dwelling units and junior accessory dwelling units established in accordance with Section 9.31.025 shall be deemed to meet the allowable density for the parcel on which the accessory dwelling unit or junior accessory dwelling unit is located. d. Maximum Parcel Coverage. 60% of the parcel area. For projects with a base density consisting of 8 to 10 units, an increase in parcel coverage shall be permitted as necessary to ensure a Floor Area Ratio of 1.25.

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Packet Pg. 366 Attachment: CDD-Ord-6th Cycle HE Phase 2 2d 100824 (6684 : Housing Element 2 Implementation - Second Reading) 28 e. Minimum Parcel Size. 3,000 square feet. Each parcel shall have a minimum depth of 100 feet and a minimum width of 30 feet, except that parcels already developed and existing on September 8, 1988, shall not be subject to this requirement.
f. Front Setback. 10 feet.
g. Rear Setback. 15 feet or for ownership projects that comply with Government Code 66499.41 and rental projects 10 units or less deemed complete as of July 1, 2024, rear setbacks shall be 4 feet.
h. Side Setback. The minimum required side setback shall be determined in accordance with the following formula, except that for lots of less than 50 feet in width, the minimum required side setback shall be 10% of the parcel width, but in any event not less than 4 feet:
5′ + (stories x lot width)/50′
Notwithstanding the foregoing, for ownership projects that comply with Government Code 66499.41 or rental projects 10 units or less deemed complete as of July 1, 2024, side setbacks shall be 4 feet.
i. Front Setback Paving. No more than 50% of the area of the required front setback, including driveways, shall be paved.
j. Private Open Space. Any project containing 4 or more residential dwelling units shall provide the following minimum open space: 100 square feet per unit for projects with 4 or 5 units, and 50 square feet per unit for projects of 6 units or more. For purposes of this requirement, “residential dwelling unit” shall mean any unit 376 square feet in area or larger. Affordable housing projects may

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Packet Pg. 367 Attachment: CDD-Ord-6th Cycle HE Phase 2 2d 100824 (6684 : Housing Element 2 Implementation - Second Reading) 29 substitute one square foot of common open space for each square foot of required private open space.
k. Design Review. Pursuant to Section 9.55.170, Architectural Review District Boundaries, all projects are subject to design review subject to Chapter

9.55, Architectural Review.

3. For Multi-Unit Residential District parcels bounded by Appian Way to the east, Vicente Terrace to the south, Ocean Front Walk to the west, and Seaside Terrace to the north, the following development standards shall apply in lieu of the corresponding land use regulations specified in Table 9.08.020 and development standards specified in Table 9.08.030:
a. Uses.
i. Permitted Uses: Single-Unit Dwelling; Multiple-Unit Dwelling; Duplex; Senior Citizen Multiple-Unit Dwelling; Accessory Dwelling Unit; Junior Accessory Dwelling Unit; Employee Housing; Single-Room Occupancy Housing; Congregate Housing; Senior Group Residential; Family Day Care, Large; Family Day Care, Small; Residential Care, Limited; Supportive Housing; Transitional Housing; Hospice, Limited; One-Story Accessory Building and Structures up to 14 feet in height; Parking and Recreation Facilities, Public. ii. Uses Subject to Minor Use Permits: One-Story Accessory Living Quarters up to 14 feet in height on parcels having a minimum area of 10,000 square feet; Residential Care, General; Hospice, General; Group Residential. iii. Conditionally Permitted Uses: Bed and Breakfast; Adult Day Care; Community Assembly; Emergency Shelter; One-Story Accessory Buildings

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Packet Pg. 368 Attachment: CDD-Ord-6th Cycle HE Phase 2 2d 100824 (6684 : Housing Element 2 Implementation - Second Reading) 30 over 14 feet in height or Two-Story Accessory Buildings up to a maximum of 24 feet; Offices and Meeting Rooms for Charitable, Youth, and Welfare Organizations; Schools, Public and Private; Convenience Market; Underground Parking Structures provided the parcel was occupied by a surface parking lot at the time of adoption of this Chapter, the parcel is not adjacent to a parcel in the NC District, the ground level above the underground parking structure is used for residential or public park and open space uses, the structure is associated with an adjacent commercially zoned parcel, and the vehicle access to the underground parking is from the commercially zoned parcel and as far from the residentially zoned parcel as is reasonably possible. b. Maximum Building Height. 2 stories, not to exceed 30 feet, except that there shall be no limitation on the number of stories of any affordable housing project, as long as the building height does not exceed 30 feet. c. Maximum Floor Area Ratio. 1.0. For projects with a base density consisting of 8 to 10 units, a Floor Area Ratio of 1.25 is permitted. d. Maximum Allowable Density. For projects on parcels of 4,000 square feet or more, one dwelling unit for each 1,500 square feet of parcel area shall be permitted, or 5 units total, whichever is less. For parcels less than 4,000 square feet, one dwelling unit may be permitted if a single-unit dwelling existed on the parcel on September 8, 1988, except that more units may be otherwise permitted in accordance with Section 9.31.125, Duplexes and Lot Splits on Parcels Zoned for Single-Unit Residential. Accessory dwelling units and junior accessory dwelling units established in accordance with Section 9.31.025 shall be deemed to meet

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Packet Pg. 369 Attachment: CDD-Ord-6th Cycle HE Phase 2 2d 100824 (6684 : Housing Element 2 Implementation - Second Reading) 31 the allowable density for the parcel on which the accessory dwelling unit or junior accessory dwelling unit is located.
e. Maximum Parcel Coverage. 50% of the parcel area. For projects with a base density consisting of 8 to 10 units, an increase in parcel coverage shall be permitted as necessary to ensure a Floor Area Ratio of 1.25. f. Minimum Parcel Size. 5,000 square feet. Each parcel shall contain a minimum depth of 100 feet and a minimum width of 50 feet, except that parcels existing on September 8, 1988 shall not be subject to this requirement. g. Front Setback. The minimum required front setback shall be either 20 feet, or shall comply with the minimum front setback for the district as set forth in the Official Districting Map, whichever area is greater. h. Rear Setback. 15 feet or for ownership projects that comply with Government Code 66499.41 or rental projects 10 units or less deemed complete as of July 1, 2024, rear setbacks shall be 4 feet.
i. Side Setback. The minimum required side setback shall be determined in accordance with the following formula, except that for lots of less than 50 feet in width, the minimum required side setback shall be 10% of the parcel width, but in any event not less than 4 feet:
5′ + (stories x lot width)/50′
Notwithstanding the foregoing, for ownership projects that comply with Government Code 66499.41 or rental projects 10 units or less deemed complete as of July 1, 2024, side setbacks shall be 4 feet.

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Packet Pg. 370 Attachment: CDD-Ord-6th Cycle HE Phase 2 2d 100824 (6684 : Housing Element 2 Implementation - Second Reading) 32 j. Private Open Space. Any project containing 4 or more residential dwelling units shall provide the following minimum open space: 100 square feet per unit for projects with 4 or 5 units, and 50 square feet per unit for projects of 6 units or more. For purposes of this requirement, “residential dwelling unit” shall mean any unit 376 square feet in area or larger. Affordable housing projects may substitute one square foot of common open space for each square foot of required private open space.
k. Upper-Level Stepback Requirements.
i. Additional Front Stepback Over 14 Feet in Height. For new structures or additions to existing structures, any portion of the front building elevation above 14 feet exceeding 75% of the maximum buildable front elevation shall be stepped back from the front setback line an additional average amount equal to 4% of parcel depth, but in no case resulting in a requirement stepback greater than 10 feet. As used in this Section, “maximum buildable elevation” shall mean the maximum potential length of the elevation permitted under these regulations, which includes parcel width or length (as applicable), minus required minimum setbacks.
ii. Additional Side Stepback Over 14 Feet in Height. For new structures or additions to existing structures, any portion of the side building elevation above 14 feet exceeding 50% of the maximum buildable side elevation shall be stepped back from the side setback line an additional average amount equal to 6% of parcel width, but in no case resulting in a required stepback greater than 10 feet.

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Packet Pg. 371 Attachment: CDD-Ord-6th Cycle HE Phase 2 2d 100824 (6684 : Housing Element 2 Implementation - Second Reading) 33 iii. The upper-level stepback requirements may be modified subject to the review and approval of the Architectural Review Board if the Board finds that the modification will not be detrimental to the property, adjoining properties, or the general area in which the property is located, and the objectives of the stepback requirements are satisfied by the provision of alternative stepbacks or other features which reduce effective mass to a degree comparable to the relevant standard requirement.

B. Additional Stepback at Upper Stories. The maximum building height shall not exceed 30 feet in the R2 District, 40 feet in the R3 District, and 45 feet in the R4 District, and shall be subject to the following standards:

1. R2 District. No portion of the building volume above 23 feet shall encroach into a daylight plane starting at 23 feet above the front setback line and sloping upward at a 45-degree angle toward the rear of the parcel. The 23-foot height measurement shall be taken from the same reference grade as determined for the subject site pursuant to Section 9.04.050.

2. R3 District. No portion of the building volume above 35 feet shall encroach into a daylight plane starting at 35 feet above the front setback line and sloping upward at a 45-degree angle toward the rear of the parcel. The 35-foot height measurement shall be taken from the same reference grade as determined for the subject site pursuant to Section 9.04.050.

3. R4 District. No portion of the building volume above 40 feet shall encroach into a daylight plane starting at 40 feet above the front setback line and sloping upward at a 45-degree angle toward the rear of the parcel. The 40-foot height measurement shall

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Packet Pg. 372 Attachment: CDD-Ord-6th Cycle HE Phase 2 2d 100824 (6684 : Housing Element 2 Implementation - Second Reading) 34 be taken from the same reference grade as determined for the subject site pursuant to Section 9.04.050.

4. The covered portion of all stories above the second story in any multi-unit structure shall be set back an average of 10 feet from the second floor front façade.

C. Front and Side Setbacks.

1. The front setback on Arcadia Terrace and Seaview Terrace shall be 30 feet measured from the center line of the walkway.

2. In the R2, R3, and R4 Districts, the street side setback shall be at least 15% of the parcel width but no less than 6 feet and is not required to exceed 10 feet.

3. Where a corner parcel in an R2, R3, or R4 District abuts a parcel in an R1 District, the street side setback shall be at least half of the required front setback in the adjacent R1 District.

D. Transition Requirements Adjacent to R1 District. Where an R2, R3, or R4 District adjoins an R1 District, the following standards apply:

1. The maximum height within 25 feet of an R1 District is 23 feet for a building with a flat roof. A building with a pitched roof may be built to the maximum height.

2. The building setback from an R1 District boundary shall be 10 feet for interior side setbacks and 20 feet for rear setbacks.

3. A landscaped planting area, a minimum of 5 feet in width, shall be provided along all R1 District boundaries. A tree screen shall be planted in this area with trees planted at a minimum interval of 15 feet.

E. Special Project Design and Development Standards. The new construction of or new addition to a principal building shall comply with the following standards:

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Packet Pg. 373 Attachment: CDD-Ord-6th Cycle HE Phase 2 2d 100824 (6684 : Housing Element 2 Implementation - Second Reading) 35 1. Street-facing pedestrian entries shall not be located below grade, and any excavation to access the entry shall be prohibited.

2. An additional 5-foot stepback beyond the minimum front setback set forth in Section 9.08.030 is required for at least 25% of the width of the front façade.

This stepback shall be fully integrated into the building through balconies, decks, or other elements that articulate the front of the building.

3. All required setbacks and stepbacks set forth in Section 9.08.030 shall be open to the sky except for permitted architectural projections contained in Section 9.21.110.

4. An additional 2-foot average side stepback from the minimum side setback requirement set forth in Section 9.08.030 shall be provided at each story.

Stepback areas greater than 5 feet in depth from the minimum side setback, or the area used to comply with the additional stepback requirements of this Section, shall not be used to satisfy compliance with this requirement.

5. The allocation of allowable parcel coverage area shall be distributed to provide clear delineation between individual units through: changes in wall plane, in plan or section; use of additional stepbacks; use of decks or balconies; or other architectural and spatial manipulation. A change in plane to differentiate individual units shall be a minimum of 12 inches. However, more than one but no more than 3 units may be grouped together for the purpose of providing a shared entry, balcony or other common exterior space.

Page 40 of 289 ends

5.H.a
Packet Pg. 374 Attachment: CDD-Ord-6th Cycle HE Phase 2 2d 100824 (6684 : Housing Element 2 Implementation - Second Reading) 36 F. Courtyards. Parcels having a width greater than 99 feet and located in the R2, R3, or R4 District shall provide a courtyard on the lot. Courtyards shall comply with the following design criteria:

1. Courtyards shall be no less than 10% of the total lot area and in no case less than 1,000 square feet with a minimum width and length of 18 feet measured parallel to the front and side parcel lines. Required setback area shall not count toward the minimum width and length or 1,000 square foot requirement.

2. Courtyards shall be open to the sky, but may include permitted projections set forth in Section 9.21.110 for side setback projections. If mechanical or utility equipment is placed in the courtyard, it shall be screened visually and acoustically and shall not encroach into the minimum courtyard area.

3. A minimum of 50% of the courtyard’s perimeter shall be enclosed by a building.

4. Courtyards shall be visible and accessible from the sidewalk and each ground floor unit. Courtyards shall be visible from the street with a minimum 10-foot wide opening that is open to the sky. For openings less than 18 feet in width into courtyards, the depth of the opening shall not exceed twice the width of the opening.

5. At least 50% of courtyard areas shall be planted pursuant to Sections

9.26.060 and 9.26.070. Planting shall be at grade or in finished planters not exceeding 18 inches above finished grade. At least one canopy tree in a tree well providing a minimum soil volume pursuant to Section 9.26.050(A)(3) shall be planted in all courtyards.

6. The majority of primary entrances to all ground floor units shall be accessed from the street frontage or courtyard.

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5.H.a
Packet Pg. 375 Attachment: CDD-Ord-6th Cycle HE Phase 2 2d 100824 (6684 : Housing Element 2 Implementation - Second Reading) 37 G. Planting Areas. The following areas shall be landscaped and may count toward the total area of site landscaping required by Table 9.08.030.

1. Setback Areas Adjacent to Streets. All visible portions of a required setback area adjacent to a street that are not used for driveways or walks shall be dedicated for planting areas or landscaping. These areas shall be planted with the appropriate number and sizes of trees as necessary to provide shade and to increase a project’s energy efficiency. Recreational vehicles, utility trailers, unmounted camper tops, boats, cars, trucks, motorcycles, or other vehicles shall not be parked or stored within a required planting or landscape area.

2. Interior Side Setback Areas. At least 50% of each required setback area shall be planting area, except that for parcels less than 50 feet in width, 50% of any one interior side setback area shall be planted.

3. Adjacent to R1 Districts. A continuous planting area having a minimum width of 5 feet is provided along interior parcel lines when an R2, R3, or R4 District is adjacent to an R1 District.

Page 42 of 289 ends

5.H.a
Packet Pg. 376 Attachment: CDD-Ord-6th Cycle HE Phase 2 2d 100824 (6684 : Housing Element 2 Implementation - Second Reading) 38 CHAPTER 9.09 OCEAN PARK NEIGHBORHOOD DISTRICTS

9.09.020 Land Use Regulations.

Table 9.09.020 prescribes the land use regulations for Ocean Park Neighborhood Districts. The regulations for each district are established by letter designations listed below. These designations apply strictly to the permissibility of land uses; applications for buildings or structures may require discretionary review. “P” designates permitted uses.
“L(#)” designates limited uses, which are permitted by right, provided they comply with specific limitations listed at the end of the table.
“CUP” designates use classifications that are permitted after review and approval of a Conditional Use Permit.
“MUP” designates use classifications that are permitted after review and approval of a Minor Use Permit.
“–” designates uses that are not permitted.

Page 43 of 289 ends

5.H.a
Packet Pg. 377 Attachment: CDD-Ord-6th Cycle HE Phase 2 2d 100824 (6684 : Housing Element 2 Implementation - Second Reading) 39 TABLE 9.09.020: LAND USE REGULATIONS—OCEAN PARK NEIGHBORHOOD DISTRICTS Use Classification OP1 OPD OP2 OP3 OP4 Additional Regulations Residential Uses
Residential Dwelling Types
Accessory Dwelling Unit P P P P P
Section 9.31.025, Accessory
Dwelling Units and Junior
Accessory Dwelling Units
Junior Accessory
Dwelling Unit P P P P P
Section 9.31.025, Accessory
Dwelling Units and Junior
Accessory Dwelling Units
Multiple-Unit Dwelling L(1) – P P P Section 9.31.195, Multiple-Unit Dwelling Projects
Duplex P P P P P
For OP1, see Section 9.31.125,
Duplexes and Lot Splits on Parcels
Zoned for Single-Unit Residential
Section 9.31.195, Multiple-Unit
Dwelling Projects
Senior Citizen
Multiple-Unit
Dwelling
L(1) – P P P
Section 9.31.195, Multiple-Unit
Dwelling Projects
Single-Unit Dwelling P P P P P
Housing Types for Specific Uses
Congregate Housing – – P P P Section 9.31.110, Congregate Housing
Elderly and Long-Term
Care – – CUP CUP CUP
Emergency Shelters – – CUP CUP CUP Section 9.31.130, Emergency Shelters
Employee Housing P P P P P
Family Day Care See sub-classifications below.

Large P P P P P Section 9.31.140, Family Day
Care, Large
Small P P P P P
Group Residential – – MUP MUP MUP Section 9.31.155, Group Residential
Senior Group
Residential – L (2) P P P Section 9.31.155, Group Residential Residential Facilities See sub-classifications below.

Residential Care,
General – – MUP MUP MUP Section 9.31.270, Residential Care Facilities Residential Care,
Limited P P P P P Section 9.31.270, Residential Care Facilities Residential Care,
Senior L(2) L(2) L(3)/MUP L (3)/MUP L (3)/MUP Section 9.31.270, Residential Care Facilities Hospice, General – – MUP MUP MUP Section 9.31.270, Residential Care Facilities
Hospice, Limited P P P P P Section 9.31.270, Residential Care Facilities
Single-Room Occupancy
Housing – – P P P Section 9.31.330, Single Room Occupancy Structures

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5.H.a
Packet Pg. 378 Attachment: CDD-Ord-6th Cycle HE Phase 2 2d 100824 (6684 : Housing Element 2 Implementation - Second Reading) 40 TABLE 9.09.020: LAND USE REGULATIONS—OCEAN PARK NEIGHBORHOOD DISTRICTS Use Classification OP1 OPD OP2 OP3 OP4 Additional Regulations Supportive Housing P P P P P
Transitional Housing P P P P P
Public and Semi-Public Uses
Adult Day Care CUP CUP CUP CUP CUP
Child Care and Early
Education Facilities CUP CUP CUP CUP CUP Section 9.31.120, Child Care and Early Education Facilities Community Assembly – – CUP CUP CUP Section 9.31.100, Community Assembly
Community Gardens P P P P P
Cultural Facilities – CUP CUP CUP CUP Limited to Designated Landmarks Park and Recreations
Facilities, Public P P P P P
Schools, Public or Private CUP CUP CUP CUP CUP
Commercial Uses
Food and Beverage Sales See sub-classifications below.

General Market – – CUP (4) CUP (4) CUP (4)
Section 9.31.040, Alcoholic
Beverage Sales
Section 9.31.150, General Markets
in Residential Districts
Lodging See sub-classifications below.

Bed and Breakfast – – CUP CUP CUP
Within Designated Landmarks
only.

Section 9.31.090, Bed and
Breakfasts
Hotels and Motels – – – – CUP
Transportation, Communication, and Utilities Uses
City Bikeshare Facility P P P P P
Utilities, Minor P P P P P
Specific Limitations:
(1) Permitted only on parcels with existing surface parking lots:
(a) Owned in whole or in part by a Community Assembly use in accordance with requirements of Section

9.31.196, Multiple-Unit Dwelling Projects Located on Community Assembly Surface Parking Lots; or (b) Associated with existing multiple-unit dwelling or commercial uses in accordance with requirements of Section 9.31.197, Multiple-Unit Dwelling Projects Located on Residentially Zoned Surface Parking Lots. (2) Limited to facilities for 6 or fewer residents; facilities for more than 6 residents not permitted. (3) Limited to facilities for 6 or fewer residents. Facilities for more than 6 residents require a Minor Use Permit. (4) Only stores up to 2,500 square feet may be allowed with approval of a Conditional Use Permit. Stores must be located at least 300 feet from a commercial district with a food and beverage service use.

9.09.030 Development Standards
Table 9.09.030 prescribes development standards for Ocean Park Neighborhood Districts. Additional regulations are denoted with Section numbers in the right-hand column or with individual letters in parentheses. Section numbers refer to other Sections

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5.H.a
Packet Pg. 379 Attachment: CDD-Ord-6th Cycle HE Phase 2 2d 100824 (6684 : Housing Element 2 Implementation - Second Reading) 41 of this Article, while individual letters in parentheses refer to subsections that directly follow the table.

TABLE 9.09.030: DEVELOPMENT STANDARDS—OCEAN PARK NEIGHBORHOOD DISTRICTS Standard OP1 OPD OP2 OP3 OP4 Additional Regulations
Parcel and Density Standards
Minimum Parcel Size (sq. ft.) 4,000 5,000 5,000 5,000 5,000 Maximum Parcel Size (sq. ft.) See

9.21.030(B)
See

9.21.030(B)
Minimum Parcel Width (ft.) 25 50 50 50 50
Minimum Parcel Depth (ft.) 80 100 100 100 100
Maximum Allowable Density 1 unit per
parcel
2 units per
parcel
1 unit per
2,000 sq.
ft. of
parcel
area
1 unit per
1,500 sq.
ft. of
parcel
area
1 unit per
1,250 sq. ft.
of parcel
area
See (A)
For OP1, a duplex shall be
permitted as provided in
Section 9.31.125, Duplexes
and Lot Splits on Parcels
Zoned For Single-Unit
Residential.

For projects eligible for
density bonus, see Section

9.22.050(C), Calculating
Base Density
Building Form and Location
Maximum Number of Stories
Base Standard 2 2 2 See (B) 2 3
100% Affordable Housing
Projects 2 No limit to stories
No limit
to stories
No limit
to stories
No limit to
stories
Maximum Building Height (ft.)
Base Standard—Flat Roofs;
Roofs Pitched Less Than 1:3 20 23 23 See (B) 23 35
Pitched Roofs 27 30 30 See
(B) 30 35
The walls of the building
may not exceed the
maximum height required
for a flat roof
Maximum Parcel Coverage (% of Parcel Area)
Base Standard 50 50 50 50 50
55% for parcels less than 35
ft. in width in OP1
For projects with a base
density consisting of 8 to 10
units, an increase in parcel
coverage shall be permitted
as necessary to ensure a
Floor Area Ratio of 1.25
100% Affordable Housing
Projects 60 60 60 60 60

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5.H.a
Packet Pg. 380 Attachment: CDD-Ord-6th Cycle HE Phase 2 2d 100824 (6684 : Housing Element 2 Implementation - Second Reading) 42 TABLE 9.09.030: DEVELOPMENT STANDARDS—OCEAN PARK NEIGHBORHOOD DISTRICTS Standard OP1 OPD OP2 OP3 OP4 Additional Regulations
Minimum Setbacks (ft.)
Front
15 [10, if
average of
adjacent
dwelling(s)
is 10 ft. or
less]
30 measured
from the
centerline of
the
walkway
20 [15, if
average of
adjacent
dwelling(s)
is 15 ft. or
less]
20 [15, if
average of
adjacent
dwelling(s)
is 15 ft. or
less]
15 [10, if
average of
adjacent
dwelling(s) is
10 ft. or less]
Except for OPD, a onestory covered or uncovered
porch open on 3 sides may
encroach 6 ft. into the
required front setback if the
roof does not exceed a
height of 14 ft. and the
porch width does not
exceed 40% of the building
width at the front of the
building
Side—Blank walls and walls
containing secondary
windows on parcels less than
50 ft. in width
Greater of 4 ft. or 10% of parcel width
3 ft. for parcels less than 35
ft. in width in OP1
For ownership projects that
comply with Government
Code 66499.41 or rental
projects 10 units or less
deemed complete as of July
1, 2024, side setbacks shall
be 4’.

Side—Blank walls and walls
containing secondary
windows on parcels 50 ft. or
more in width
See formula in (C)
For ownership projects that
comply with Government
Code 66499.41 or rental
projects 10 units or less
deemed complete as of July
1, 2024, side setbacks shall
be 4’.

Side—Walls containing
primary windows on parcels
less than 50 ft. in width
8 ft. setback from property line. 12 ft. of separation must be maintained between primary window and any
adjacent structures
3 ft. for parcels less than 35
ft. in width in OP1
For ownership projects that
comply with Government
Code 66499.41 or rental
projects 10 units or less
deemed complete as of July
1, 2024, side setbacks shall
be 4’.

Side—Walls containing
primary windows on parcels
50 ft. or more in width
12 ft. See (C)
For ownership projects that
comply with Government
Code 66499.41 or rental
projects 10 units or less
deemed complete as of July
1, 2024, side setbacks shall
be 4’.

Page 47 of 289 ends

5.H.a
Packet Pg. 381 Attachment: CDD-Ord-6th Cycle HE Phase 2 2d 100824 (6684 : Housing Element 2 Implementation - Second Reading) 43 TABLE 9.09.030: DEVELOPMENT STANDARDS—OCEAN PARK NEIGHBORHOOD DISTRICTS Standard OP1 OPD OP2 OP3 OP4 Additional Regulations
Street Side—Parcels less than
50 ft. in width
Greater
of 4 ft. or
10% of
parcel
width
See formula in (C)
3 ft. for parcels less than 35
ft. in width in OP1
For ownership projects that
comply with Government
Code 66499.41 or rental
projects 10 units or less
deemed complete as of July
1, 2024, side setbacks shall
be 4’.

Street Side—Parcels 50 ft. or
more in width See (C) 10 ft. See (C)
For ownership projects that
comply with Government
Code 66499.41 or rental
projects 10 units or less
deemed complete as of July
1, 2024, side setbacks shall
be 4’.

Rear 10 15 15 15 15
For ownership projects that
comply with Government
Code 66499.41 or rental
projects 10 units or less
deemed complete as of July
1, 2024, rear setback shall
be 4’.

Parking
See Sections 9.28.070, Location of Parking and 9.28.120, Parking Design and Development Standards
Minimum Spacing between
Buildings (ft.) – Buildings facing
each other on the same lot
– See (D) See (D) See (D) See (D)
Transition Requirements
Adjacent to OP1 or OPD
Districts
– – See (F) See (F) See (F)
Open Space & Landscaping
Minimum Outdoor Living Area
(sq. ft.) per Dwelling Unit
Section 9.21.090, Outdoor
Living Area
Private NA 60 60 60 60 Required only of projects
with 2 or more units
Total (including private and
common) NA 150 150 150 100 Required only of projects with 2 or more units Minimum Planting Area (% of
parcel area) 25 25 25 25 20
See (G), Chapter 9.26,
Landscaping. Required only
of projects with 2 or more
units
Additional Standards
Accessory Dwelling Units Section 9.31.025, Accessory Dwelling Units and Junior Accessory Dwelling Units Accessory Structures Section 9.21.020, Accessory Buildings and Structures Affordable Housing Production
Program Chapter 9.64, Affordable Housing Production Program

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5.H.a
Packet Pg. 382 Attachment: CDD-Ord-6th Cycle HE Phase 2 2d 100824 (6684 : Housing Element 2 Implementation - Second Reading) 44 TABLE 9.09.030: DEVELOPMENT STANDARDS—OCEAN PARK NEIGHBORHOOD DISTRICTS Standard OP1 OPD OP2 OP3 OP4 Additional Regulations
Density Bonus Chapter 9.22, Density Bonus
Duplexes and Lot Splits on
Parcels Zoned for Single-Unit
Residential
Section 9.31.125, Duplexes and Lot Splits on Parcels Zoned for Single-Unit Residential
Fences and Walls Section 9.21.050, Fences, Walls, and Hedges Home Occupation Section 9.31.160, Home Occupation
Junior Accessory Dwelling Units Section 9.31.025, Accessory Dwelling Units and Junior Accessory Dwelling Units Landscaping Section 9.09.030(G), Chapter 9.26, Landscaping Lighting Section 9.21.080, Lighting
Multiple-Unit Dwelling Projects Section 9.31.195, Multiple-Unit Dwelling Projects Multiple-Unit Dwelling Projects
Located on Community
Assembly Surface Parking Lots
Section 9.31.196, Multiple-Unit Dwelling Projects Located on Community Assembly Surface Parking Lots
Multiple-Unit Dwelling Projects
Located on Residentially Zoned
Surface Parking Lots
Section 9.31.197, Multiple-Unit Dwelling Projects Located on Residentially Zoned Surface Parking Lots
Off-Street Parking and Loading Chapter 9.28, Parking, Loading, and Circulation Projections into Height Limits Section 9.21.060, Height Projections Projections into Required
Setbacks
Section 9.21.110, Projections from Buildings into Minimum Setbacks and Daylight Plane
Refuse and Recycling Screening
and Enclosure
Section 9.21.130, Resource Recovery and Recycling Standards Screening Section 9.21.140, Screening
Solar Energy Systems Section 9.21.150, Solar Energy Systems A. Maximum Density. The following additional rules apply to the maximum residential density:

1. Calculation of Units—Remainder Parcel Area. An additional unit is allowed on a parcel if, after calculating the allowed number of units based on the minimum required parcel area per unit stated in Table 9.09.030 for the respective district, the excess parcel area equals or exceeds the following:
a. 1,000 square feet in OP2.
b. 750 square feet in OP3.
c. 625 square feet in OP4.

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5.H.a
Packet Pg. 383 Attachment: CDD-Ord-6th Cycle HE Phase 2 2d 100824 (6684 : Housing Element 2 Implementation - Second Reading) 45 2. Parcels Less Than 4,000 Square Feet. No more than one dwelling unit shall be permitted on a parcel 4,000 square feet or less in area, except that more units may be otherwise permitted in accordance with Section 9.31.125, Duplexes and Lot Splits on Parcels Zoned for Single-Unit Residential.

3. Parcels over 10,000 Square Feet—OP2 District. In the OP2 District, the maximum density on parcels that have an area of 10,000 square feet or more or a combined street frontage of 100 feet or more shall be one dwelling unit for each 2,500 square feet of combined lot area, except where 100% of the proposed units are deed restricted for very low, low, middle, and/or moderate income housing, in which case the density shall be one unit for each 2,000 square feet of parcel area.

4. Parcels over 15,000 Square Feet—OP3 District. In the OP3 District, the maximum density on parcels that have an area of 15,000 square feet or more or exceed a combined street frontage of 150 feet shall be one dwelling unit for each 2,000 square feet (OP3) of combined parcel area, except where 100% of the proposed units are deed restricted for very low, low, middle, and/or moderate income housing, in which case the density shall be one unit for each 1,500 square feet of parcel area.

5. Accessory Dwelling Units and Junior Accessory Dwelling Units.

Notwithstanding anything to the contrary in this subsection (A), accessory dwelling units and junior accessory dwelling units established in accordance with Section 9.31.025 shall be deemed to meet the allowable density for the parcel on which the accessory dwelling unit or junior accessory dwelling unit is located.

B. Maximum Height on Sloped Parcels—OP2 District. In the OP2 District, on upslope parcel where the change in elevation is 10 feet or greater from the finished

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5.H.a
Packet Pg. 384 Attachment: CDD-Ord-6th Cycle HE Phase 2 2d 100824 (6684 : Housing Element 2 Implementation - Second Reading) 46 surface of the sidewalk adjacent to the property line to the required rear setback line, the maximum allowable height for structures is:

1. One story and 14 feet in height for the first 15 feet of horizontal distance on the parcel measured from the front parcel line.

2. 2 stories and 18 feet for a flat roof or 23 feet for a pitched roof for that portion of the structure located between 15.1 feet and 30 feet from the front parcel line.

3. The maximum permitted height for structures beyond 30 feet from the front parcel line shall be 2 stories and 23 feet for a flat roof or 30 feet for structures with a pitched roof.

4. The finished grade shall be no more than 3 feet below or above the theoretical grade line at any point adjacent to a building if excavation occurs. An opening to a garage may remain unexcavated.

C. Front and Side Setbacks.

1. The front setback on Copeland Court shall be 30 feet measured from the center line of the walkway.

2. The following formula shall be used to determine the required side setback for blank walls and walls containing secondary windows. In the OP1 District, this formula shall also be used to determine the required street side setback on lot parcels 50 feet or more in width. In the OP2, OP3, and OP4 districts, it shall be used to determine the required street side setback on parcels less than 50 feet in width. The setback is calculated as follows:

Setback (ft.) = 5′ + (stories x parcel width)
50′

Page 51 of 289 ends

5.H.a
Packet Pg. 385 Attachment: CDD-Ord-6th Cycle HE Phase 2 2d 100824 (6684 : Housing Element 2 Implementation - Second Reading) 47 3. Within the required side setback area for corner parcels 50 feet or greater in width, covered or uncovered stairways or porches not exceeding 35% of the building frontage on the street side may encroach up to 5 feet into the required side setback.

4. Within the required side or street side setback area for parcels 50 feet or greater in width, the second floor side setback above a primary window shall not project more than 2 feet into the required side setback.

D. Building Spacing. Buildings that face each other on the same lot shall be separated by the following minimum distances:

1. 15 feet if one building has primary windows facing the other.

2. 25 feet when the windows of primary spaces in both buildings face each other on the ground or second level, except 15 feet when they are visually separated by a solid wall or opaque fence over 5 feet 6 inches in height.

3. 10 feet when secondary windows face each other or when a secondary window faces a blank wall.

E. Roof Decks. The handrail surrounding a roof deck shall be set back a minimum of three feet from the edge of the building at the side and rear façades.

F. Transition Requirements Adjacent to OP1 or OPD District. Where an OP2, OP3 or OP4 District adjoins an OP1 or OPD District, the following standards apply:

1. The maximum height within 25 feet of an OP1 or OPD District is 23 feet for a building with a flat roof and 27 feet for a building with a pitched roof.

2. The building setback from an OP1 or OPD District boundary shall be 10 feet for interior side setbacks and 20 feet for rear setbacks.

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5.H.a
Packet Pg. 386 Attachment: CDD-Ord-6th Cycle HE Phase 2 2d 100824 (6684 : Housing Element 2 Implementation - Second Reading) 48 3. A landscaped planting area, a minimum of 5 feet in width, shall be provided along all OP1 or OPD District boundaries. A tree screen shall be planted in this area with trees planted at a minimum interval of 15 feet.

FIGURE 9.09.030.F: TRANSITION REQUIREMENTS ADJACENT TO OP1 OR OPD DISTRICT—OCEAN PARK

NEIGHBORHOOD DISTRICT
G. Planting Areas. The following areas shall be landscaped, and may count toward the total area of site landscaping required by Table 9.09.030.

1. Setback Areas Adjoining Streets. All visible portions of a required setback area adjoining a street that are not used for driveways or walks shall be planting area or landscape. Recreational vehicles, utility trailers, un-mounted camper tops, boats, cars, trucks, motorcycles, or other vehicles shall not be parked or stored within a required planting or landscape area.

2. Interior Setback Areas. At least 50% of each required interior side setback and rear setback shall be planting area having a minimum width of 7.5 feet adjoining a side or rear parcel line. The width of a required planting area may be reduced to 3 feet in

Page 53 of 289 ends

5.H.a
Packet Pg. 387 Attachment: CDD-Ord-6th Cycle HE Phase 2 2d 100824 (6684 : Housing Element 2 Implementation - Second Reading) 49 one side or rear setback area adjoining a driveway or patio, and a nonresidential accessory structure may occupy a portion of the planting area in a rear setback area.

3. Adjoining OP1 and OPD Districts. A continuous planting area having a minimum width of 5 feet shall be provided along interior parcel lines when an OP2, OP3, or OP4 District adjoins an OP1 or OPD District.

Page 54 of 289 ends

5.H.a
Packet Pg. 388 Attachment: CDD-Ord-6th Cycle HE Phase 2 2d 100824 (6684 : Housing Element 2 Implementation - Second Reading) 50 CHAPTER 9.10 DOWNTOWN DISTRICTS
Section 9.10.040 Land Use Regulations
Table 9.10.040 prescribes the land use regulations for Downtown Districts. The regulations for each district are established by letter designations below. These designations apply strictly to the permissibility of land uses; applications for buildings or structures may require discretionary review.
“P” designates permitted uses.
“L(#)” designates limited uses, which are permitted by right, provided they comply with specific limitations listed at the end of the table.
“MUP” designates use classifications that are permitted after review and approval of a Minor Use Permit.
“CUP” designates use classifications that are permitted after review and approval of a Conditional Use Permit.
“—” designates uses that are not permitted.

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

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5.H.a
Packet Pg. 389 Attachment: CDD-Ord-6th Cycle HE Phase 2 2d 100824 (6684 : Housing Element 2 Implementation - Second Reading) 51 TABLE 9.10.040 LAND USE REGULATIONS—DOWNTOWN DISTRICTS Use Classification LT NV
BC (Third
Street
Promenade
Area)
BC
(Excluding
Third
Street
Promenade
Area) TA OT WT
Additional
Regulations
Residential Uses
Residential Dwelling Types
Accessory Dwelling Unit P P P P P P P
Section 9.31.025
Accessory
Dwelling Units
and Junior
Accessory
Dwelling Units
Junior Accessory Dwelling
Unit P P P P P P P
Section 9.31.025
Accessory
Dwelling Units
and Junior
Accessory
Dwelling Units
Multiple-Unit Dwelling P P L(1) L(1) P P P
Section 9.31.195,
Multiple-Unit
Dwelling Projects
Senior Citizen MultipleUnit Dwelling P P L(1) L(1) P P P Section 9.31.195,
Multiple-Unit
Dwelling Projects
Housing Types for Specific Needs
Congregate Housing P MUP,
L(3) MUP, L(1) MUP, L(1) MUP MUP MUP
Section 9.31.110,
Congregate
Housing
Elderly and Long-Term Care P L(3) L(1) L(1) L(1) L(1) L(1) Emergency Shelters L(6)/CUP L(6)/
CUP CUP/L(1) L(1), L(6)/CUP
L(6)/C
UP
L(6)/
CUP
L(6)/
CUP
Section 9.31.130,
Emergency
Shelters
Family Day Care See sub-classifications below.

Large L(1) L(3) L(1) L(1) L(1) L(1) L(1)
Section 9.31.140,
Family Day Care,
Large
Small L(1) L(3) L(1) L(1) L(1) L(1) L(1)
Group Residential MUP MUP,
L(3) MUP, L(1) MUP, L(1) MUP MUP MUP Section 9.31.155, Group Residential Senior Group Residential P L(3) P P P P P Section 9.31.155, Group Residential
Low Barrier Navigation
Centers P P P P P P P
Section 9.31.175,
Low Barrier
Navigation
Centers
Residential Facilities See sub-classifications below.

Residential Care, General P L(3) L(1) L(1) P L(1) L(1) Section 9.31.270, Residential Care
Facilities
Residential Care, Limited P P L(1) L(1) P P P
Residential Care, Senior P L(9) L(1) L(1) P L(9) L(9)
Hospice, General P L(3) L(1) L(1) P L(1) L(1) Section 9.31.270, Residential Care
Facilities Hospice, Limited P P L(1) L(1) P P P
Single-Room Occupancy
Housing L(1) L(3) L(1) L(1) L(1) L(1) L(1)
Section 9.31.330,
Single Room
Occupancy
Structures
Supportive Housing P P L(1) L(1) P P P
Transitional Housing P P L(1) L(1) P P P

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5.H.a
Packet Pg. 390 Attachment: CDD-Ord-6th Cycle HE Phase 2 2d 100824 (6684 : Housing Element 2 Implementation - Second Reading) 52 Public and Semi-Public Uses
Adult Day Care L(1) L(3) L(1) L(1) L(1) L(1) L(1)
Child Care and Early
Education Facilities P P P P P P P
Section 9.31.120,
Child Care and
Early Education
Facilities
Colleges and Trade Schools,
Public or Private CUP L(1) L(1) L(1) L(1) L(1) L(1)
Community Assembly L(7)/CUP CUP L(15) P CUP L(1) L(7)/
CUP
Section 9.31.100,
Community
Assembly
Community Gardens P P - P P P P
Cultural Facilities P P P P P P P
Hospitals and Clinics P P L(1) L(1) P - P
Park and Recreation Facilities,
Public P P P P P P P
Public Safety Facilities P P P P P P P
Schools, Public or Private CUP L(3) L(1) P P - CUP
Social Service Centers P P - P P P P
Section 9.31.350,
Social Service
Centers
Commercial Uses
Animal Care, Sales, and
Services See sub-classifications below.

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

Alternative Fuels and
Recharging Facilities
CUP/
L(19)
CUP/
L(19) - - CUP/ L(19) - -
Automobile Rental L(10) L(10) L(10) L(10) L(10) L(10) L(10) Section 9.31.050,
Automobile
Rental
Automobile Storage Use - - - - - - -
Section 9.31.070
Automobile/Vehi
cle Sales,
Leasing, and
Storage
New Automobile/Vehicle
Sales and Leasing
L(8),
L(5)/CUP
L(8),
L(5)/CUP
L(8),
L(5)/CUP
L(8),
L(5)/CUP
L(8),
L(5)/C
UP
- -
Additions 7,500 sq ft or
less to Automobile/
Vehicle Sales and
Leasing buildings
existing as of 7/06/2010
L(20)/
MUP
- - - - - -
Additions larger than
7,500 sq ft to
Automobile/Vehicle Sales
and Leasing buildings
existing as of 7/06/2010
L(20)/
CUP
- - - - - -
Automobile/Vehicle Repair,
Major
L(19) - - - - - - Section 9.31.060,
Automobile/Vehi
cle Repair, Major
and Minor
Automobile/Vehicle Service
and Repair, Minor
L(19) - - - - - -
Automobile/Vehicle
Washing
L(19) - - - - - - Section 9.31.080,
Automobile/Vehi
cle Washing
Service Station L(19) L(19) - - L(19) - - Section 9.31.320, Service Stations
Towing and Impound - - - - - - -
Banks and Financial
Institutions
See sub-classifications below.

Banks and Credit Unions L(4)/CUP L(3),
L(5)/CUP
- - L(4)/
CUP
L(4)/
CUP
L(4)/
CUP

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5.H.a
Packet Pg. 391 Attachment: CDD-Ord-6th Cycle HE Phase 2 2d 100824 (6684 : Housing Element 2 Implementation - Second Reading) 53 Check Cashing Businesses - - - - - - -
Business Services L(5)/CUP L(5)/CUP L(15) L(5)/CUP L(5)/ CUP
L(5)/
CUP
L(5)/
CUP
Commercial Entertainment and
Recreation See sub-classifications below.

Cinemas & Theaters, up to
99 seats
- CUP P P P - -
Cinemas & Theaters, more
than 99 seats
- - P CUP CUP - -
Convention and Conference
Centers

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

Bars/Nightclubs/Lounges CUP CUP CUP CUP CUP CUP(1
0)
- Section 9.31.040,
Alcoholic
Beverage Sales
Restaurants, Full-Service,
Limited Service & Take-Out
(2,500 sq ft and smaller,
including Outdoor Dining
and Seating)
P P L(22) P P P P Section 9.31.040,
Alcoholic
Beverage Sales
Section 9.31.280,
Restaurants,
Limited Service,
and Take-Out
Only
Section 9.31.200,
Outdoor Dining
and Seating
Section 9.31.290,
Restaurants with
Entertainment
Restaurants, Full-Service,
Limited Service & Take-Out
(2,501 – 5,000 sq ft,
including Outdoor Dining
and Seating)
P P L(22) P P P P
Restaurants, Full-Service,
Limited Service & Take-Out
(greater than 5,000 sq ft,
including Outdoor Dining
and Seating)
CUP P L(22) P P P CUP
Food Hall (up to 175 seats) CUP CUP P CUP CUP CUP CUP
Equipment Rental - - - - L(5)/C
UP
- -
Food and Beverage Sales See sub-classifications below.

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

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

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5.H.a
Packet Pg. 392 Attachment: CDD-Ord-6th Cycle HE Phase 2 2d 100824 (6684 : Housing Element 2 Implementation - Second Reading) 54 Services
Nurseries and Garden Centers L(5)/CUP L(5)/CUP - L(5)/CUP L(5)/C UP
- L(5)/
CUP
Section 9.31.220,
Outdoor Retail
Display and Sales
Offices See sub-classifications below.

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

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

Building Materials Sales
and Services

P - - - - - -
Section 9.31.220,
Outdoor Retail
Display and Sales
General Retail Sales, SmallScaleL(5)/CUP L(5)/CUP P L(5)/CUP L(5)/ CUP
L(5)/
CUP
L(5)/
CUP
General Retail Sales,
Medium-Scale

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

Support Facilities L(14)/
CUP
L(3),
L(5)/CUP
L(1) L(1) L(3),
L(5)/C
UP
L(1) L(1)
Transportation, Communication, and Utilities Uses
Bus/Rail Passenger Stations P P P P P - P
City Bike Share Facility P P P P P P P
Communication Facilities See sub-classifications below.

Antennas and Transmission
Towers
- - - - - - -
Equipment within Buildings - - - - - - -
Light Fleet-Based Services - - - - MUP - -

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5.H.a
Packet Pg. 393 Attachment: CDD-Ord-6th Cycle HE Phase 2 2d 100824 (6684 : Housing Element 2 Implementation - Second Reading) 55 Utilities, Major L(18) - - - - - -
Utilities, Minor P P P P P P P
Specific Limitations:
(1) Limited to upper floors, and on the ground floor where the entire tenant space shall be located at least 25 feet from the front property line, except for residential units shall be limited to upper floors only. (2) A minimum depth of 25 feet from the front parcel line adjacent to a street for the entire ground-floor street frontage shall be designed to accommodate interactive uses. For purposes of this limitation, interactive uses shall be commercial uses with an interactive element, including, but not limited to, retail sales, exhibitions, displays, demonstrations, or instruction. (3) Between 4th and 7th Court, permitted in mid-block parcels on the ground floor and upper floors. On all other parcels, permitted anywhere on the ground floor if the space has street frontage and was occupied by office on, or is vacant but was occupied by office in the 12 months preceding, the date this Ordinance is effective; otherwise, permitted on upper floors and on the ground floor where the entire tenant space including the primary entry is located at least 50 feet from the front property line.
(4) Permitted except no ground floor tenant space shall exceed 20 linear feet of ground floor street frontage without a Conditional Use Permit.
(5) Permitted if within buildings existing as of the date the ordinance codified in this Chapter is effective. Permitted in new buildings, except:
(a) No individual ground floor tenant space shall occupy more than 7,500 square feet of floor area and/or exceed 50 linear feet of ground floor street frontage without a Conditional Use Permit. (b) Ground floor tenant spaces in the Santa Monica Place are not subject to size limitations. (6) Limited to shelters containing less than 55 beds; Conditional Use Permit required for emergency shelters with 55 or more beds.
(7) Any community assembly facility abutting a residential district shall require approval of a Conditional Use Permit. (8) Limited to automobile/vehicle dealer showrooms only which must display one alternative fuel automobile/vehicle if such an automobile/vehicle is available in the dealer’s fleet, and limited to six showrooms in the Third Street Promenade Area. (9) Facilities for 6 or fewer residents are permitted by right. Facilities for more than 6 residents shall be subject to L(1) if located in the OT and WT zoning districts and L(3) if located in the NV zoning district. (10) Permitted as an ancillary use to support a primary use. (11) Limited to public parking facilities only.
(12) General markets greater than 15,000 square feet require approval of a Conditional Use Permit, except general markets in the Mixed-Use Boulevard district greater than 25,000 square feet require approval of a Conditional Use Permit. (13) If the commercial use requires a MUP or CUP, an application shall be required in accordance with SMMC, Chapter 9.41.

Even if the commercial use would otherwise be permitted, no such use shall be approved where, given the design or proposed design of the live-work unit, there would be the potential for adverse health impacts from the proposed use on the people residing in the unit. An example of a potential health impact is the potential for food contamination from users that generate airborne particulates in a unit with an unenclosed kitchen. (14) All new construction requires approval of a Conditional Use Permit or permitted if within buildings existing as of the date the ordinance codified in this Chapter is effective, except:
(a) New additions of 50% or more additional square footage to an existing building at any one time, or incrementally, after the effective date of the ordinance codified in this Chapter, requires approval of a Conditional Use Permit. (b) No ground floor, street-fronting, non-office or non-media production support facility use, non-medical or non-dental office use tenant space shall be changed into an individual office use or a media production support facility use, or individual medical or dental office use occupying more than 7,500 square feet of floor area and/or exceeding 50 linear feet of street frontage without the approval of a Conditional Use Permit. (15) Limited to the ground floor with frontage along 2nd Court and 3rd Court alleys or to upper floors. (16) Limited to public parking facilities only.
(17) Youth-serving personal services, physical training requires review and approval of passenger loading and drop-off plan by the Director.
(18) Limited to electric distribution substations.
(19) Limited to legally established existing uses as of the date this Specific Plan is effective. (20) Auto dealerships existing as of July 6, 2010 are considered permitted uses. Expansions to existing dealerships conforming to the urban auto dealership format standards in Section 9.31.070, Automobile/Vehicle Sales, Leasing and Storage are permitted. Expansions to existing dealerships of 7,500 square feet or less that do not conform to the urban auto dealership format standards shall require an MUP. Expansions to existing dealerships larger than 7,500 square feet that do not conform to the urban auto dealership formal standards shall require a CUP. (21) No individual Fitness Center tenant space shall exceed 100 linear feet of ground floor street frontage without the approval of a Conditional Use Permit.
(22) Restaurant, Limited-Service and Take-Out establishments with frontage on the Third Street Promenade and the following

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5.H.a
Packet Pg. 394 Attachment: CDD-Ord-6th Cycle HE Phase 2 2d 100824 (6684 : Housing Element 2 Implementation - Second Reading) 56 characteristics shall be prohibited:
(a) More than 150 locations nationwide at the time that the application for the establishment is deemed complete by the City; and
(b) Characteristics, including but not limited to, orders placed at a walk-up window, counter, or machine; payment prior to food consumption; and food served with disposable, one-time, or limited-use wrapping, containers, or utensils. (23) Excludes commercial laundries and dry cleaning plants, monument works, medicinal cannabis, and medicinal cannabis products.

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5.H.a
Packet Pg. 395 Attachment: CDD-Ord-6th Cycle HE Phase 2 2d 100824 (6684 : Housing Element 2 Implementation - Second Reading) 57 CHAPTER 9.11 MIXED-USE AND COMMERCIAL DISTRICTS

9.11.020 Land Use Regulations
Table 9.11.020 prescribes the land use regulations for Mixed-Use and Commercial Districts. The regulations for each district are established by letter designations below.

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

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

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5.H.a
Packet Pg. 396 Attachment: CDD-Ord-6th Cycle HE Phase 2 2d 100824 (6684 : Housing Element 2 Implementation - Second Reading) 58 TABLE 9.11.020: LAND USE REGULATIONS MIXED-USE AND COMMERCIAL DISTRICTS Use Classification MUBL MUB GC NC Additional Regulations Residential Uses
Residential Dwelling Types
Accessory Dwelling Unit P P P P
Section 9.31.025, Accessory
Dwelling Units and Junior
Accessory Dwelling Units
Junior Accessory Dwelling Unit P P P P
Section 9.31.025, Accessory
Dwelling Units and Junior
Accessory Dwelling Units
Multiple-Unit Dwelling P P P L(1) Section 9.31.195, Multiple-Unit Dwelling Projects
Senior Citizen Multiple-Unit Dwelling P P P L(1) Section 9.31.195, Multiple-Unit Dwelling Projects
Housing Types for Specific Uses
Congregate Housing P P P P Section 9.31.110, Congregate Housing
Elderly and Long-Term Care P P P –
Emergency Shelters L(3)/CUP L(3)/CUP L(3)/CUP L(3)/CUP Section 9.31.130, Emergency Shelters
Family Day Care See sub-classifications below.

Large P P P P Section 9.31.140, Family Day
Care, Large
Small P P P P
Group Residential MUP MUP MUP MUP Section 9.31.155, Group Residential
Senior Group Residential P P P P Section 9.31.155, Group Residential
Low Barrier Navigation Centers P P P P Section 9.31.175, Low Barrier Navigation Centers
Residential Facilities See sub-classifications below.

Residential Care, General P P P P Section 9.31.270, Residential Care Facilities
Residential Care, Limited P P P P Section 9.31.270, Residential Care Facilities
Residential Care, Senior P P P P Section 9.31.270, Residential Care Facilities
Hospice, General P P P P Section 9.31.270, Residential
Care Facilities
Hospice, Limited P P P P Section 9.31.270, Residential
Care Facilities
Single-Room Occupancy Housing P P P P Section 9.31.330, Single Room Occupancy Structures
Supportive Housing P P P P
Transitional Housing P P P P
Public and Semi-Public Uses
Adult Day Care P P P L(2)/CUP
Child Care and Early Education Facilities P P P L(2)/CUP Section 9.31.120, Child Care and Early Education Facilities
Colleges and Trade Schools, Public or Private CUP CUP P CUP Community Assembly L(18)/CUP L(18)/CUP L(18)/CUP L(18)/CUP Section 9.31.100, Community Assembly
Community Gardens P P P P
Cultural Facilities P P P L(2)/CUP
Hospitals and Clinics – P CUP –

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5.H.a
Packet Pg. 397 Attachment: CDD-Ord-6th Cycle HE Phase 2 2d 100824 (6684 : Housing Element 2 Implementation - Second Reading) 59 TABLE 9.11.020: LAND USE REGULATIONS MIXED-USE AND COMMERCIAL DISTRICTS Use Classification MUBL MUB GC NC Additional Regulations Park and Recreation Facilities, Public P P P P
Public Safety Facilities P P P CUP
Schools, Public or Private P CUP CUP P
Social Service Centers P P P P Section 9.31.350, Social Service Centers
Commercial Uses
Animal Care, Sales, and Services See sub-classifications below.

Grooming and Pet Stores L(19)/CUP L(19)/CUP L(19)/CUP L(2)/CUP No more than 10 dogs or cats may be kept overnight
Pet Day Care Services MUP MUP MUP MUP
Veterinary Services MUP MUP MUP MUP
Automobile/Vehicle Sales and Service See sub-classifications below.

Alternative Fuels and Recharging
Facilities CUP CUP CUP CUP
Automobile Rental CUP MUP MUP – Section 9.31.050, Automobile Rental
Automobile Storage Use L(4)/CUP – – –
Section 9.31.070,
Automobile/Vehicle Sales,
Leasing, and Storage
New Automobile/Vehicle Sales and Leasing – – CUP(6) –
Section 9.31.070,
Automobile/Vehicle Sales,
Leasing, and Storage
Additions 7,500 square feet or less to
Automobile/Vehicle Sales and Leasing
buildings existing as of 07/06/2010
L(5)/MUP L(5)/MUP L(5)/MUP –
Section 9.31.070,
Automobile/Vehicle Sales,
Leasing, and Storage
Additions larger than 7,500 square feet to
Automobile/
Vehicle Sales and Leasing buildings
existing as of 07/06/2010
CUP (5) CUP (5) CUP (5) –
Section 9.31.070,
Automobile/Vehicle Sales,
Leasing, and Storage
Automobile/Vehicle Repair, Major – – CUP –
Section 9.31.060,
Automobile/Vehicle Repair,
Major and Minor
Automobile/Vehicle Service and Repair,
Minor CUP – CUP –
Section 9.31.060,
Automobile/Vehicle Repair,
Major and Minor
Automobile/Vehicle Washing – – CUP – Section 9.31.080,
Automobile/Vehicle Washing
Service Station CUP CUP MUP – Section 9.31.320, Service Stations Towing and Impound – – CUP –
Banks and Financial Institutions See sub-classifications below.

Banks and Credit Unions L(2)/CUP L(2)/CUP L(2)/CUP L(2)/CUP Check Cashing Businesses – – – –
Business Services L(19)/CUP L(19)/CUP L(19)/CUP L(2)/CUP Commercial Entertainment and Recreation See sub-classifications below.

Cinemas L(7) – – L(7)
Theaters L(8)/CUP L(8)/CUP L(8)/CUP L(8)/CUP
Convention and Conference Centers – CUP CUP –
Large-Scale Facility CUP CUP CUP -
Small-Scale Facility L(9)/CUP L(9)/CUP L(9)/CUP CUP (16) Section 9.31.340, Small-Scale Facility, Game Arcades
Fortunetelling P P P P
Eating and Drinking Establishments See sub-classifications below.

Bars/Nightclubs/Lounges CUP CUP CUP - Section 9.31.040, Alcoholic

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5.H.a
Packet Pg. 398 Attachment: CDD-Ord-6th Cycle HE Phase 2 2d 100824 (6684 : Housing Element 2 Implementation - Second Reading) 60 TABLE 9.11.020: LAND USE REGULATIONS MIXED-USE AND COMMERCIAL DISTRICTS Use Classification MUBL MUB GC NC Additional Regulations Beverage Sales
Restaurants, Full-Service, Limited Service
& Take-Out (2,500 square feet and smaller,
including Outdoor Dining and Seating)

P P P P
Section 9.31.040, Alcoholic
Beverage Sales
Section 9.31.280, Restaurants,
Limited Service and Take-Out
Only
Section 9.31.290, Restaurants
With Entertainment
Section 9.31.200, Outdoor Dining
and Seating
Restaurants, Full-Service, Limited Service
& Take-Out (greater than 5,000 square
feet, including Outdoor Dining and
Seating)
CUP CUP CUP CUP (10)(11)
Section 9.31.040, Alcoholic
Beverage Sales
Section 9.31.280, Restaurants,
Limited Service and Take-Out
Only
Section 9.31.290, Restaurants
With Entertainment
Section 9.31.200, Outdoor Dining
and Seating
Food Hall (up to 175 seats) CUP CUP CUP CUP
Equipment Rental – L(19)/CUP L(19)/CUP –
Food and Beverage Sales See sub-classifications below.

Convenience Market CUP CUP CUP CUP Section 9.31.040, Alcoholic Beverage Sales
Farmers Markets CUP CUP CUP CUP
General Market L(12)/CUP L(12)/CUP L(12)/CUP L(12)/CUP Section 9.31.040, Alcoholic Beverage Sales
Liquor Stores CUP CUP CUP CUP Section 9.31.040, Alcoholic Beverage Sales
Funeral Parlors and Mortuaries – CUP CUP –
Instructional Services L(19)/CUP L(19)/CUP L(19)/CUP L(17)/CUP Live-Work L(14) L(14) L(14) L(14) Section 9.31.170, Live-Work Lodging See sub-classifications below.

Bed and Breakfast MUP MUP MUP MUP Section 9.31.090, Bed and Breakfasts
Hotels and Motels CUP CUP CUP –
Maintenance and Repair Services L(19)/CUP L(19)/CUP L(19)/CUP L(2)/CUP Nurseries and Garden Centers L(19)/CUP L(19)/CUP L(19)/CUP L(17)/CUP Section 9.31.220, Outdoor Retail Display and Sales
Offices See sub-classifications below.

Business and Professional L(21)/CUP L(21)/CUP L(21)/CUP L(21)/CUP Creative L(21)/CUP L(21)/CUP L(21)/CUP L(21)/CUP
Medical and Dental L(21)/CUP L(21)/CUP L(21)/CUP L(21)/CUP Walk-In Clientele L(21)/CUP L(21)/CUP L(21)/CUP L(21)/CUP Outdoor Newsstands MUP MUP MUP MUP Section 9.31.210, Outdoor Newsstands

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5.H.a
Packet Pg. 399 Attachment: CDD-Ord-6th Cycle HE Phase 2 2d 100824 (6684 : Housing Element 2 Implementation - Second Reading) 61 TABLE 9.11.020: LAND USE REGULATIONS MIXED-USE AND COMMERCIAL DISTRICTS Use Classification MUBL MUB GC NC Additional Regulations Parking, Public or Private CUP CUP CUP CUP
Personal Services See sub-classifications below.

General Personal Services L(19)/CUP L(19)/CUP L(19)/CUP L(2)/CUP Section 9.31.230, Personal Service
Personal Services, Physical Training L(19)(20) L(19)(20) L(19)(20) L(2)(20)/CUP Tattoo or Body Modification Parlor P P P P Section 9.31.230, Personal Service
Retail Sales See sub-classifications below.

Building Materials Sales and Services – – CUP – Section 9.31.220, Outdoor Retail Display and Sales
General Retail Sales, Small-Scale L(19)/CUP L(19)/CUP L(19)/CUP L(2)/CUP Section 9.31.220, Outdoor Retail Display and Sales
General Retail Sales, Medium-Scale CUP CUP L(19)/CUP – Section 9.31.220, Outdoor Retail Display and Sales
General Retail Sales, Large-Scale – – CUP – Section 9.31.220, Outdoor Retail Display and Sales
Medical Marijuana Dispensaries CUP(15) CUP(15) CUP(15) – Section 9.31.185, Medical Marijuana Dispensaries
Pawn Shops – – – –
Swap Meets – – CUP – Section 9.31.360, Swap Meets
Industrial Uses
Artist’s Studio P P P P
Commercial Kitchens – – CUP –
Media Production See sub-classifications below.

Support Facilities L(21)/CUP L(21)/CUP L(21)/CUP L(21)/CUP Transportation, Communication, and Utilities Uses
Bus/Rail Passenger Stations P P P P
City Bikeshare Facility P P P P
Communication Facilities See sub-classifications below.

Antennas and Transmission Towers – – CUP – Chapter 9.32, Personal Wireless Service Facilities
Equipment within Buildings – – P –
Light Fleet-Based Services – – CUP –
Utilities, Major – L(13) L(13) –
Utilities, Minor P P P P
Specific Limitations:
(1) Limited to the upper floors and areas not subject to the Active Use Requirement set forth in Section 9.11.030(A) for parcels located on Main Street, Montana Avenue, Pico Boulevard, and Ocean Park Boulevard. Permitted on all floors for all other parcels.
(2) Limitation shall only apply to new construction and alterations to existing buildings that result in a combination or enlargement of tenant spaces: Limited to facilities with no more than 7,500 square feet of floor area and/or 40 linear feet of ground floor street frontage; greater area and/or width requires approval of a Conditional Use Permit. (3) Limited to shelters containing less than 55 beds; Conditional Use Permit required for emergency shelters with 55 or more beds.
(4) Limited to automobile storage use associated with existing automobile dealerships selling new vehicles; otherwise, requires Conditional Use Permit.
(5) Auto dealerships existing as of July 6, 2010 are considered permitted uses. Expansions to existing dealerships conforming to the Urban Auto Dealership Format standards in Section 9.31.070, Automobile/Vehicle Sales, Leasing, and Storage are permitted. Expansions to existing dealerships that do not conform to the Urban Auto Dealership Format standards shall require a MUP or CUP.
(6) New auto dealerships may be allowed, subject to approval of a Conditional Use Permit, only on sites with frontage on Santa Monica Boulevard between Lincoln Boulevard and 20th Street on Lincoln Boulevard between Interstate 10 and Santa Monica Boulevard. In other locations, new automobile dealerships are not permitted. (7) Limited to existing cinema buildings. New cinemas are not permitted.

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5.H.a
Packet Pg. 400 Attachment: CDD-Ord-6th Cycle HE Phase 2 2d 100824 (6684 : Housing Element 2 Implementation - Second Reading) 62 TABLE 9.11.020: LAND USE REGULATIONS MIXED-USE AND COMMERCIAL DISTRICTS Use Classification MUBL MUB GC NC Additional Regulations (8) Limited to theaters with 75 or fewer seats. Theaters with more than 75 seats require Conditional Use Permit. (9) Limited to exercise facilities (e.g., yoga, Pilates, martial arts, and dance studios) and arts instruction facilities. Other small-scale commercial recreation uses require approval of a Conditional Use Permit. (10) Limited to restaurants with 50 or fewer seats.
(11) Limited to 2 restaurants greater than 5,000 square feet per block along Main Street. A block is defined as both sides of Main Street and the adjacent sides of adjoining side streets. Portions of Main Street to be designated a “block” for the purpose of this Section are as follows:

Block 1: South City limits to Marine Street.

Block 2: Marine Street to Pier Avenue.

Block 3: Pier Avenue to Ashland Avenue.

Block 4: Ashland Avenue to Hill.

Block 5: Hill to Ocean Park Boulevard.

Block 6: Ocean Park Boulevard to Hollister Avenue (total of four restaurants and bars permitted in this block).

Block 7: Hollister Avenue to Strand.

Block 8: Strand to Pacific.

Block 9: Pacific to Bicknell.

Block 10: Bicknell to Bay.

Block 11: Bay to Pico Boulevard.
(12) General markets greater than 15,000 square feet require a Conditional Use Permit. In the Neighborhood Commercial District, establishments shall not exceed 25,000 square feet of floor area. (13) Limited to electric distribution substations.
(14) If the commercial use requires a MUP or CUP, an application shall be required in accordance with Chapter 9.41. Even if the commercial use would otherwise be permitted, no such use shall be approved where, given the design or proposed design of the live-work unit, there would be the potential for adverse health impacts from the proposed use on the people residing in the unit.

An example of a potential health impact is the potential for food contamination from uses that generate airborne particulates in a unit with an unenclosed kitchen.
(15) Medical marijuana dispensaries are limited to the following locations:
• MUB District along Wilshire Boulevard between Lincoln Boulevard and Centinela Avenue; • GC District along Santa Monica Boulevard between Lincoln Boulevard and 20th Street; and • MUBL District along Santa Monica Boulevard between 23rd Street and Centinela Avenue. (16) Limited to facilities of no more than 3,000 square feet of floor area. (17) Limitation shall only apply to new construction and alterations to existing buildings that result in a combination or enlargement of tenant spaces: No individual tenant space in the NC District shall occupy more than 7,500 square feet of floor area and/or exceed 50 linear feet of ground floor street frontage without the approval of a Conditional Use Permit. (18) Any community assembly facility abutting a residential district shall require a Conditional Use Permit. (19) Limitation shall only apply to new construction and alterations to existing buildings that result in a combination or enlargement of tenant spaces: No individual tenant space in the MUBL, MUB, and GC Districts shall occupy more than 12,500 square feet of floor area and/or exceed 75 linear feet of ground floor street frontage without the approval of a Conditional Use Permit.
(20) Youth-serving personal services, physical training requires review and approval of a passenger loading and drop-off plan by the Director.
(21) Permitted if within buildings existing as of July 24, 2015, subject to the active use requirement set forth in Section

9.11.030(A)(1), except:
• All new construction, including new additions of 50% or more additional square footage to an existing building at any one time, or incrementally, after the effective date of this Ordinance, requires approval of a Conditional Use Permit. • In the NC District, ground floor, street-fronting, tenant space occupied by non-media production, support facility uses shall not be changed to an individual office use or media production, support facility use occupying more than 12,500 square feet of floor area and/or exceeding 75 linear feet of street frontage without the approval of a Conditional Use Permit. • In the NC District, no non-medical or non-dental office use tenant space shall be changed to an individual medical or dental office use anywhere in an existing building occupying more than 7,500 square feet of floor area and/or exceeding 50 linear feet of ground floor street frontage without the approval of a Conditional Use Permit. • In the MUBL, MUB, and GC Districts, no non-medical or non-dental office use tenant space shall be changed to an individual medical or dental office use anywhere in an existing building occupying more than 12,500 square feet of floor area and/or exceeding 75 linear feet of ground floor street frontage without approval of a Conditional Use Permit.

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Santa Monica City CouncilOctober 8, 2024

Santa Monica City Council
October 8, 2024