Agenda packet — Santa Monica City Council, October 22, 2024 (part 5 of 6)

Cullinane, Jane F. “Road Signs of the Air,” Connecticut Explored, April 16, 2013, https://connecticuthistory.org.
“Dashing Aviatrices Hop for Initial Lap of First Women’s Air Race,” Los Angeles Times, August 19, 1929.
“Deal Opens on Clover Field Use,” Los Angeles Times, July 27, 1928. “Douglas Plant to Be Expanded,” Los Angeles Times, December 17, 1939.

Amelia Earhart. “Letter to Ruth Nichols, 9-15-1927.” Purdue University Libraries, http://earchives.lib.purdue.edu/cdm/compoundobject/collection/earhart/id/3195/rec/

2. “Expansion Proposed for Clover Field,” Los Angeles Times, December 1, 1938. “First in Aviation Almost,” Los Angeles Times, December 31, 1927.

Gibson, Karen Bush. Women Aviators: 26 Stories of Pioneer Flights, Daring Missions, and Record-Setting Journeys, Chicago: Chicago Review Press, 2013. “Girls Will Bid for Air Crowns,” Los Angeles Times, February 10, 1929.

Goldstein, Donald M. and Katherine V. Dillion. Amelia: The Centennial Biography of an Aviation Pioneer. Washington, D.C.: Brassey’s, Inc., 1997.
“Grant Sought for Airport,” Los Angeles Times, September 14, 1989.

Hatfield, D.D. Los Angeles Aeronautics, 1920-1929. Los Angeles: Hatfield History of Aeronautics, Northrop Institute of Technology, 1973.

Hatfield, D.D. Aeroplane (or Flying Machine) Scrap Book, 1911-1941, number 3. Los Angeles:

Hatfield History of Aeronautics, Northrop Institute of Technology, 1975.

Henry, Bill. “By the Way: The Beginnings of Clover Field,” Los Angeles Times, March 13, 1959. “Historical Status of Airport Asked,” Los Angeles Times, December 7, 1958. “History Recalled: The First Airplanes Around the World Took Off From Clover Field in 1924,” Los Angeles Times, February 5, 1961.

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Packet Pg. 848 Attachment: Compass Rose Landmark Assesment Report September 2019 Final (3828 : Landmark Appeal - Airport Compass Rose (90 mins.))

SANTA MONICA AIRPORT COMPASS ROSE
City Landmark Assessment Report
page 23
Hoffman, Jill Rutan. First Flights: Stories to Inspire From Those Who Fly. Bloomington, Indiana:
iUniverse, 2009.

Hollander, Lu, Gene Nora Jessen, and Verna West. The Ninety-Nines: Yesterday - Today - Tomorrow. Paducah, Kentucky: Turner Publishing Co., 1996. “Huge Plant Expansion,” Los Angeles Times, January 12, 1936.

Ingersoll, Luther A. Ingersoll’s Century History: Santa Monica Bay Cities, 1542 to 1908. Los Angeles: Luther A. Ingersoll, 1908.
“International Headquarters.” Ninety-Nines International Organization of Women Pilots. https://www.ninety-nines.org/headquarters.htm.

Jessen, Gene Nora. Powder Puff Derby of 1929. Naperville, Illinois: Sourcebooks, Inc.: 2002.

Jessen, Gene Nora. Sky Girls: The True Story of the First Women’s Cross-Country Air Race.

Naperville, Illinois: Sourcebooks, Inc.: 2018.

Jones, Jeffrey Frank. U.S. Navy Air Traffic Controller NAVEDTRA 14342, U.S. Navy, no date. “Last Plan Rolls Out From Douglas,” Santa Monica Evening Outlook, November 20, 1962.

Los Angeles Chapter, The Ninety-Nines International Organization of Women Pilots, https://la99s.org/compass-rose/.
“Los Angeles County Airports as Designated by Planning Commission,” Los Angeles Times, August 4, 1928.

Los Angeles County Tax Assessor. Property Specific Information Records.

Los Angeles Public Library, Online historical and image archives.

Marquez, Ernest. Santa Monica Beach: A Collector’s Pictorial History. Los Angeles: Angel City Press, 2004.

McWilliams, Carey. Southern California: An Island on the Land. Salt Lake City, Utah: Peregrine Smith Books, 1946, Revised 1988.

Merl, Rod, Marsha Jones Moutrie, and Bob Trimborn. “A Partial History of the Santa Monica Airport,” September 26, 2011.

Milbrooke, Anne. National Register Bulletin. “Guidelines for Evaluating and Documenting Historic Aviation Properties.” Washington, DC: National Park Service, Interagency Resources Division, 1998.

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Packet Pg. 849 Attachment: Compass Rose Landmark Assesment Report September 2019 Final (3828 : Landmark Appeal - Airport Compass Rose (90 mins.))

SANTA MONICA AIRPORT COMPASS ROSE
City Landmark Assessment Report
page 24
Mola, Roger A. “Show Me the Way to Go Home,” Air & Space Magazine, September 2006.

Moolman, Valerie. Women Aloft: First Women Pilots-Early Female Pioneers of Aviation. New York: Time-Life Books, 1981.

Ninety-Nines History Book Committee. The Ninety-Nines: Yesterday-Today-Tomorrow. Paducah, Kentucky: Turner Publications, 1996.

Nobles-Harris, Ellen. “Marking the Way,” 99News Magazine, March/April 2002.

Noyes, Blanche. “Airport Marking in the States,” Journal of Air Law and Commerce, vol. 9, issue 1, Article 14, 1938.

O’Brien, Keith. Fly Girls: How Five Daring Women Defied All Odds and Made Aviation History, New York: Houghton Mifflin Harcourt, 2018.
“Plane Firm to Expand,” Los Angeles Times, December 23, 1934. “Planning Aerial Terminal: Work Nears at Airport,” Los Angeles Times, April 12, 1935.

Polk & Company. Polk’s Santa Monica City Directory. Los Angeles County (various years).

Priddy, Bob. “Air Markers: Important Part of Aviation History,” The Missourinet Blog, December 18, 2012, https://blog.missourinet.com/2012/12/18/are-there-any-of-these-left/.

ProQuest Historical Newspapers: Los Angeles Times (1881-1988).

Sanborn Fire Insurance Maps, City of Santa Monica.
“Santa Monica Airport Ranked as Best of its Kind in U.S.,” Los Angeles Times, May 25, 1958. “Santa Monica Airport Rich in Aviation History,” Los Angeles Times, July 9, 1978. “Santa Monica Course Opens,” Los Angeles Times, May 27, 1928.

Santa Monica Municipal Employees Association. “Account of the History of Clover Field,” Municipal Employees News, Santa Monica, May 1963.
“Santa Monica Nerve Center of Aviation Defense,” Los Angeles Times, March 17, 1941.

Santa Monica Public Library, Santa Monica Index, online historical archives and photographs. “Santa Monica Submits Airport Expansion Plans,” Los Angeles Times, July 14, 1944.

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Packet Pg. 850 Attachment: Compass Rose Landmark Assesment Report September 2019 Final (3828 : Landmark Appeal - Airport Compass Rose (90 mins.))

SANTA MONICA AIRPORT COMPASS ROSE
City Landmark Assessment Report
page 25
“Standardized Procedures for Performing Aircraft Magnetic Compass Calibration,” Advisory Circular #43-215, U.S. Department of Transportation-Federal Aviation Administration, 08/7/2017.

Storrs, Les. Santa Monica, Portrait of a City, 1875-1975. Santa Monica: Santa Monica Bank, 1874.
“The Capital of the Air: The Story of Southern California’s Part in Aviation,” Los Angeles Times, January 2, 1930.
“The Beginnings of Clover Field,” Los Angeles Times, March 13, 1959, B1. “The New Air Capital,” Los Angeles Times, January 2, 1929. “The Ninety-Nines: Air Marking The Way,” The 99News/International Women Pilots, January/February 1995.
“The Ninety-Nines from 1929-1959, Commemorating the 30th Anniversary of The Ninety-Nines, Inc.” Ninety-Nines International Organization of Women Pilots, https://ninetynines.org/thirty-years.htm.

United States Department of the Interior. National Register Bulletin 15. “How to Apply the National Register Criteria for Evaluation.” Washington, DC: National Park Service, Interagency Resources Division, 1997.

United States Department of the Interior. National Register Bulletin 16A. “How to Complete the National Register Registration Form.” Washington, DC: National Park Service, Interagency Resources Division, 1997.

United States Department of the Interior. Preservation Brief 17. “Architectural Character – Identifying the Visual Aspects of Historic Buildings as an Aid to Preserving Their Character.” Washington, D.C.: National Park Service, Interagency Resources Division, 1982 rev.

Veca, Donna, Skip Mazzio, and Carol L. Osborne. Just Plane Crazy: Biography of Bobbi Trout.

Santa Clara: Osborne Publisher, 1987.

Von Thaden, Terry. “Amelia Earhart Fellow Presentation,” https://web.archive.org /web/20060813221706/http://www.zontafrederick.org/Terry_Von_Thaden_speech_ July_2004.pdf.

Walker, Mike. Powder Puff Derby: Petticoat Pilots and Flying Flappers. Chichester, United Kingdome: John Wiley & Sons, 2003.

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Packet Pg. 851 Attachment: Compass Rose Landmark Assesment Report September 2019 Final (3828 : Landmark Appeal - Airport Compass Rose (90 mins.))

SANTA MONICA AIRPORT COMPASS ROSE
City Landmark Assessment Report
page 26
Walters, Claire L. and Betty McMillen Loufek. This Flying Life, AirWoman Press, 1999.

Warren, Charles S. ed. History of the Santa Monica Bay Region. Santa Monica: Cawston, 1934.

Warren, Charles S. ed. Santa Monica Blue Book. Santa Monica: Cawston, 1941.

Warren, Charles S. ed. Santa Monica Community Book. Santa Monica: Cawston, 1944. “Way Cleared for Improvement of Clover Field,” Los Angeles Times, December 31, 1944.

Webb Aintablian, Xanthe. “An Overview and History of the Compass,” ThoughtCo.com, April 10, 2019, https://www.thoughtco.com/the-compass-instrument-1435002?print.

Western Aerospace, vol. 30. Los Angeles: Western Aviation Magazine, 1950.

White, Col. Carl F. ed. Santa Monica Community Book (Fifth Edition). Santa Monica: Cawston, 1953.

Winters, Kathleen C. Amelia Earhart: The Turbulent Life of an American Icon. New York:

Palgrave Macmillan, 2010.
“Women’s Air Race Starts with Throng Watching,” Santa Monica Evening Outlook, August 19, 1929.
“Women Derby Entrants and Cups They Hope to Win,” Los Angeles Times, August 15, 1929. “Women Flyers Begin Line-Up,” Los Angeles Times, August 11, 1929. “Women Fliers, Famous Throughout World: Gather at Airport for Final Plans for Contest; at Ballroom Tonight,” Santa Monica Evening Outlook, August 17, 1929. “Women Pilots Will Hold Airport Dance,” Santa Monica Evening Outlook, January 29, 1932.

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Packet Pg. 852 Attachment: Compass Rose Landmark Assesment Report September 2019 Final (3828 : Landmark Appeal - Airport Compass Rose (90 mins.)) SANTA
MONICA AIRPORT COMPASS ROSE
City Landmark Assessment Report
page 27

APPENDIX
Regional Location Map
County Assessor Index Map
Aerial Site Map
Aerial Site View
Photographs and Ephemeral Material
Airfield Photographs

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Packet Pg. 853 Attachment: Compass Rose Landmark Assesment Report September 2019 Final (3828 : Landmark Appeal - Airport Compass Rose (90 mins.))

SANTA MONICA AIRPORT COMPASS ROSE
City Landmark Assessment Report
page 28

THIS PAGE INTENTIONALLY BLANK

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Packet Pg. 854 Attachment: Compass Rose Landmark Assesment Report September 2019 Final (3828 : Landmark Appeal - Airport Compass Rose (90 mins.))

2.3 © Latitude Geographics Group Ltd. THIS MAP IS NOT TO BE USED FOR NAVIGATION WGS_1984_Web_Mercator_Auxiliary_Sphere Miles 2.3 Legend Notes Santa Monica Airport - Compass Rose Santa Monica, CA 7KLVPDSLVDXVHUJHQHUDWHGVWDWLFRXWSXWIURPDQ,QWHUQHWPDSSLQJVLWHDQGLVIRU UHIHUHQFHRQO\'DWDOD\HUVWKDWDSSHDURQWKLVPDSPD\RUPD\QRWEHDFFXUDWH FXUUHQWRURWKHUZLVHUHOLDEOH 1.14 0 1: 72,224 5HJLRQDO/RFDWLRQ0DS

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Packet Pg. 855 Attachment: Compass Rose Landmark Assesment Report September 2019 Final (3828 : Landmark Appeal - Airport Compass Rose (90 mins.))

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Packet Pg. 856 Attachment: Compass Rose Landmark Assesment Report September 2019 Final (3828 : Landmark Appeal - Airport Compass Rose (90 mins.))

PHOTOGRAPHS & EPHEMERAL MATERIAL
Aerial site map location, Santa Monica Airport
Aerial site view of Santa Monica Airport with Compass Rose location marked (left)

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Packet Pg. 857 Attachment: Compass Rose Landmark Assesment Report September 2019 Final (3828 : Landmark Appeal - Airport Compass Rose (90 mins.))

PHOTOGRAPHS & EPHEMERAL MATERIAL
Aerial view of Compass Rose adjacent taxiway area and Runway 3 to the south Aerial view of Compass Rose, detail

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Packet Pg. 858 Attachment: Compass Rose Landmark Assesment Report September 2019 Final (3828 : Landmark Appeal - Airport Compass Rose (90 mins.))

PHOTOGRAPHS & EPHEMERAL MATERIAL
Santa Monica Compass Rose adjacent Donald Douglas Loop North (looking northeast) Santa Monica Compass Rose adjacent Runway 3 (looking southeast)

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Packet Pg. 859 Attachment: Compass Rose Landmark Assesment Report September 2019 Final (3828 : Landmark Appeal - Airport Compass Rose (90 mins.))

PHOTOGRAPHS & EPHEMERAL MATERIAL
Santa Monica Compass Rose (looking southwest)
Santa Monica Compass Rose (looking northwest)

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Packet Pg. 860 Attachment: Compass Rose Landmark Assesment Report September 2019 Final (3828 : Landmark Appeal - Airport Compass Rose (90 mins.))

PHOTOGRAPHS & EPHEMERAL MATERIAL
Santa Monica Compass Rose, detail of The Ninety-Nines (99s) logo Santa Monica Compass Rose, repaint signature and date local 99s chapter (LA99)

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Packet Pg. 861 Attachment: Compass Rose Landmark Assesment Report September 2019 Final (3828 : Landmark Appeal - Airport Compass Rose (90 mins.))

PHOTOGRAPHS & EPHEMERAL MATERIAL
Santa Monica Compass Rose, points detail
Santa Monica Compass Rose, condition detail

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Packet Pg. 862 Attachment: Compass Rose Landmark Assesment Report September 2019 Final (3828 : Landmark Appeal - Airport Compass Rose (90 mins.))

PHOTOGRAPHS & EPHEMERAL MATERIAL
Initial painting of Santa Monica Airport Compass Rose, June 1985 by local 99s chapter volunteers (LA 99s) Volunteers in front of almost completed Santa Monica Airport Compass Rose, June 1985, looking southeast

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Packet Pg. 863 Attachment: Compass Rose Landmark Assesment Report September 2019 Final (3828 : Landmark Appeal - Airport Compass Rose (90 mins.))

PHOTOGRAPHS & EPHEMERAL MATERIAL
Ephemeral material – Clover Field, 1924
Ephemeral material – Douglas Aircraft Company promotion, 1926

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Packet Pg. 864 Attachment: Compass Rose Landmark Assesment Report September 2019 Final (3828 : Landmark Appeal - Airport Compass Rose (90 mins.))

PHOTOGRAPHS & EPHEMERAL MATERIAL
Clover Field airfield information, 1924

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Packet Pg. 865 Attachment: Compass Rose Landmark Assesment Report September 2019 Final (3828 : Landmark Appeal - Airport Compass Rose (90 mins.))

PHOTOGRAPHS & EPHEMERAL MATERIAL
“Powder Puff” National Women’s Air Derby aviation route map, 1929

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Packet Pg. 866 Attachment: Compass Rose Landmark Assesment Report September 2019 Final (3828 : Landmark Appeal - Airport Compass Rose (90 mins.))

PHOTOGRAPHS & EPHEMERAL MATERIAL
Cover illustration of Gene Nora Jessen’s book on the “Powder Puff” air race of 1929

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Packet Pg. 867 Attachment: Compass Rose Landmark Assesment Report September 2019 Final (3828 : Landmark Appeal - Airport Compass Rose (90 mins.))

PHOTOGRAPHS & EPHEMERAL MATERIAL
Local newspaper coverage on the air race and female pilot participants Additional news coverage on the air race and female pilot participants

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Packet Pg. 868 Attachment: Compass Rose Landmark Assesment Report September 2019 Final (3828 : Landmark Appeal - Airport Compass Rose (90 mins.))

PHOTOGRAPHS & EPHEMERAL MATERIAL
Front page of the Santa Monica Evening Outlook regarding the air race

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Packet Pg. 869 Attachment: Compass Rose Landmark Assesment Report September 2019 Final (3828 : Landmark Appeal - Airport Compass Rose (90 mins.))

PHOTOGRAPHS & EPHEMERAL MATERIAL
Race day, August 18, 1929 at Clover Field (Santa Monica Airport), looking southeast Planes lined up ready for take-off at one minute intervals, August 18, 1929, looking southeast

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Packet Pg. 870 Attachment: Compass Rose Landmark Assesment Report September 2019 Final (3828 : Landmark Appeal - Airport Compass Rose (90 mins.))

PHOTOGRAPHS & EPHEMERAL MATERIAL
Large crowds at north side of airfield watch as planes depart at one minute intervals Pilots, mechanics, and airfield officials at starting line prior to take-off, August 18, 1929, looking south

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Packet Pg. 871 Attachment: Compass Rose Landmark Assesment Report September 2019 Final (3828 : Landmark Appeal - Airport Compass Rose (90 mins.))

PHOTOGRAPHS & EPHEMERAL MATERIAL
“Powder Puff” Derby publicity shot , Clover Field - Amelia Earhart center right; Pancho Barnes, far right; Bobbi Trout, second to the left; Louise Thaden (winner), far left
National Women’s First Transcontinental Air Race 1929 (Powder Puff Derby) Results

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Packet Pg. 872 Attachment: Compass Rose Landmark Assesment Report September 2019 Final (3828 : Landmark Appeal - Airport Compass Rose (90 mins.))

PHOTOGRAPHS & EPHEMERAL MATERIAL
The Ninety-Nines ephemeral material
First meeting of The Ninety-Nines, November 2, 1929

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Packet Pg. 873 Attachment: Compass Rose Landmark Assesment Report September 2019 Final (3828 : Landmark Appeal - Airport Compass Rose (90 mins.))

PHOTOGRAPHS & EPHEMERAL MATERIAL
The Ninety-Nines font style
Typical Ninety-Nines signature compass rose design

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Packet Pg. 874 Attachment: Compass Rose Landmark Assesment Report September 2019 Final (3828 : Landmark Appeal - Airport Compass Rose (90 mins.))

PHOTOGRAPHS & EPHEMERAL MATERIAL
The Ninety-Nines ephemeral material, including first use of compass rose design on newsletter head in 1940

9.A.d
Packet Pg. 875 Attachment: Compass Rose Landmark Assesment Report September 2019 Final (3828 : Landmark Appeal - Airport Compass Rose (90 mins.))

PHOTOGRAPHS & EPHEMERAL MATERIAL
Santa Monica Airport – Compass Rose view, 1947
Santa Monica Airport – Compass Rose view, 1953

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Packet Pg. 876 Attachment: Compass Rose Landmark Assesment Report September 2019 Final (3828 : Landmark Appeal - Airport Compass Rose (90 mins.))

PHOTOGRAPHS & EPHEMERAL MATERIAL
Santa Monica Airport – Compass Rose view (bottom right), 1967 Santa Monica Airport – Compass Rose view, 1971

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Packet Pg. 877 Attachment: Compass Rose Landmark Assesment Report September 2019 Final (3828 : Landmark Appeal - Airport Compass Rose (90 mins.))

PHOTOGRAPHS & EPHEMERAL MATERIAL
Santa Monica Airport – Compass Rose view, 1980
Santa Monica Airport – Compass Rose view, 1983

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Packet Pg. 878 Attachment: Compass Rose Landmark Assesment Report September 2019 Final (3828 : Landmark Appeal - Airport Compass Rose (90 mins.))

PHOTOGRAPHS & EPHEMERAL MATERIAL
Santa Monica Airport – Compass Rose view (99s Compass Rose), 1989 Santa Monica Airport – Compass Rose view (99s Compass Rose), 2018

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Packet Pg. 879 Attachment: Compass Rose Landmark Assesment Report September 2019 Final (3828 : Landmark Appeal - Airport Compass Rose (90 mins.)) Santa Monica Airport (Clover Field), Santa Monica, CA
1924, looking northeast, looking northeast 1927 (top = north) 1929, looking northwest 1934, looking northeast
1935 (top = north) 1937, looking southwest

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Packet Pg. 880 Attachment: Compass Rose Landmark Assesment Report September 2019 Final (3828 : Landmark Appeal - Airport Compass Rose (90 mins.)) Santa Monica Airport (Clover Field), Santa Monica, CA
1940 (top = north) 1947 (top = north)
1956 1969
1989 2018

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Packet Pg. 881 Attachment: Compass Rose Landmark Assesment Report September 2019 Final (3828 : Landmark Appeal - Airport Compass Rose (90 mins.))

OSTASHAY & ASSOCIATES CONSULTING
PO BOX 542 LONG BEACH, CA 90801 562.500.9451

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Packet Pg. 882 Attachment: Compass Rose Landmark Assesment Report September 2019 Final (3828 : Landmark Appeal - Airport Compass Rose (90 mins.)) 1 FINDINGS AND DETERMINATION

OF THE CITY COUNCIL

OF THE CITY OF SANTA MONICA IN THE MATTER OF

THE DESIGNATION OF A LANDMARK
DESIGNATION OF A COMPASS ROSE 19ENT-0213
LOCATED AT 3223 DONALD DOUGLAS LOOP

AS A CITY LANDMARK
SECTION I. On May 30, 2019, Chattel Inc. and The 99s of the Los Angeles Area, Inc. filed an application to designate the Compass Rose painting located at the 3223 Donald Douglas Loop (Santa Monica Municipal Airport) as a City Landmark. The Landmarks Commission, having held a duly-noticed public hearing on September 9, 2019 hereby designates the subject Compass Rose located at 3223 Donald Douglas Loop as a City Landmark including a three-foot perimeter around the Compass Rose defined as a Landmark Parcel based on the following findings:
(1) It exemplifies, symbolizes, or manifests elements of the cultural, social, economic, political or architectural history of the City.

The first National Women’s Air Derby of 1929, which started at the Santa Monica Airport (Clover Field), became the turning point for women in aviation. This first major transcontinental sanctioned air race for women proved that women pilots were as competent and determined as male pilots, and attracted women pilots locally, nationally, and abroad. By 1929, there were approximately 60 women pilots in the United States, potentially up to 117 worldwide, and 20 women pilots participated in the event. The event led to the formation of the Ninety-Nines in November 1929, a social and professional organization with goals to encourage and support women in aviation and to enhance opportunities for women seeking careers in such a male-dominated field. By the early 1930s, the Ninety-Nines were divided into regional sections with each section sponsoring some activities furthering women flying and aviation in general. The organization officially incorporated in 1950 and was later renamed The Ninety-Nines International Organization of Women Pilots in efforts to include members from around the world.

The Ninety-Nine’s distinctive Compass Rose logo was designed in 1939 by Wilma Fritschey, a member of the Ninety-Nines Los Angeles Chapter. In November 1974, the Los Angeles chapter’s air marking committee obtained approval to re-mark the compass at the Santa Monica Airport and the Compass Rose by the Ninety-Nines was first painted in 1985 at its current location. The painting/installation of the Compass Rose was one of several airport improvement projects completed between 1985 and 1989, and was last repainted by the LA 99s in 2010. Today, the Compass Rose is a symbolic feature and is not in a historic location at the airport.

The subject Santa Monica Airport Compass Rose symbolizes the important aviation

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Packet Pg. 883 Attachment: City Council STOA 19ENT-0213 (3223 Donald Douglas Loop) Compass Rose (3828 : Landmark Appeal - Airport Compass Rose (90 2 history of women in Santa Monica. It is also emblematic of the early air marking program with which the Ninety-Nines were and are still closely associated. The Compass Rose symbolizes the important contributions of women in aviation, important to the City’s cultural history. Therefore, the Santa Monica Compass Rose satisfies this criterion.

SECTION II. The Compass Rose is described as a circular-shaped, twelve-point Compass Rose with a diameter of approximately 50 feet and a circumference of approximately 160 feet. Additionally, a three-foot perimeter around the Compass Rose is hereby defined as a Landmark Parcel in order to preserve, maintain, protect and safeguard the Compass Rose, as shown in the attached diagram.

SECTION III. The following features shall constitute the historic character-defining features associated with the subject Compass Rose:
▪ Location near or adjacent to the airfield, runway, taxiway, or other associated feature;
▪ Large size and distinct shape as a 12-point Compass Rose; ▪ Material (FAA approved reflective paint) and color pattern and hue (blue and white);
▪ Block font type of the “99” logo and its arrangement as two interlocking number “9”s of varying size and shape.

SECTION lV. I hereby certify that the above Findings and Determination accurately reflect the final determination of the City Council of the City of Santa Monica on December 19, 2023 as determined by the following vote:

AYES:

NOES:

ABSENT:

Each and all of the findings and determinations are based on the competent and

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Packet Pg. 884 Attachment: City Council STOA 19ENT-0213 (3223 Donald Douglas Loop) Compass Rose (3828 : Landmark Appeal - Airport Compass Rose (90 3 substantial evidence, both oral and written, contained in the entire record of the proceedings relating to this designation. All summaries of information contained herein or in the findings are based on the substantial evidence in the record. The absence of any particular fact from any such summary is not an indication that a particular finding is not based in part on that fact.

Respectfully Submitted
December 19, 2023
Gleam Davis, Mayor
Attest:

Stephanie Reich,
Landmarks Commission Secretary

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Packet Pg. 885 Attachment: City Council STOA 19ENT-0213 (3223 Donald Douglas Loop) Compass Rose (3828 : Landmark Appeal - Airport Compass Rose (90

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Packet Pg. 886
Attachment: STOA 19ENT-0213 (3223 Donald Douglas Loop) Compass Rose (3828 : Landmark Appeal - Airport Compass Rose (90 mins.))

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Packet Pg. 887
Attachment: STOA 19ENT-0213 (3223 Donald Douglas Loop) Compass Rose (3828 : Landmark Appeal - Airport Compass Rose (90 mins.))

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Packet Pg. 888
Attachment: STOA 19ENT-0213 (3223 Donald Douglas Loop) Compass Rose (3828 : Landmark Appeal - Airport Compass Rose (90 mins.))

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Packet Pg. 889
Attachment: STOA 19ENT-0213 (3223 Donald Douglas Loop) Compass Rose (3828 : Landmark Appeal - Airport Compass Rose (90 mins.)) Item 11 A
Public Correspondence
Received through 9/3/19

9.A.g
Packet Pg. 890 Attachment: Compass Rose Correspondence (3828 : Landmark Appeal - Airport Compass Rose (90 mins.)) August 24,2019
Dear Commissioners:

We the undersigned members of the Northwest 99s are writing on behalf of the Northwest Section of the 99s to support The 99s of the Los Angeles Area in their nomination to designate the Compass Rose as a Santa Monica Landmark.

The Compass Rose is emblematic of over 90 years of the history of women in aviation, with roots grounded in Santa Monica. The Compass Rose, the trademark logo of the Ninety-Nines, was designed by Los Angeles Chapter member Wilma Fritschey in 1939 and continues to symbolize the history and traditions of the organization today.

The Compass Rose is beautiful and functional. As women pilots, seeing a compass rose provides a link the women who flew before us and gives a sense of pride in our endeavors.

Since there is no other site of its kind in Santa Monica, we have a once in a lifetime opportunity to save a cultural and historic landmark identified with historic personages and that embodies the use of a unique design in a unique location.

We are honored to join the LA99s in supporting the designation of the Compass Rose as a Santa Monica Landmark.

Sincerely,

9.A.g
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Packet Pg. 893 Attachment: Compass Rose Correspondence (3828 : Landmark Appeal - Airport Compass Rose (90 mins.)) September 2, 2019
VIA MAIL:

Santa Monica Landmarks Commission
1685 Main Street, Room 212
Santa Monica, CA 90401
or

VIA EMAIL
Ruth Shari: [email protected]
Ken Breisch: [email protected]
Amy Green: [email protected]
Roger Genser: [email protected]
Barry Rosenbaum: [email protected]
Dolores Sloan: [email protected]
Richard Brand: [email protected]
cc: Steve Mizokami: [email protected]
cc: Eve Lopez: [email protected]
Re: Support for Compass Rose at Santa Monica Airport
Dear Commissioners:

I strongly support The 99s of the Los Angeles Area, Inc.’s nomination to designate the Compass Rose as a Santa Monica Landmark.

The aviation industry played a significant role in the growth and development of Santa Monica in the early 20th century. Early aviators were drawn to the Santa Monica Airport after the Douglas Aircraft Company moved there in 1929. Among the legendary aviators frequenting the Airport were famed pilots Amelia Earhart, Pancho Barnes, Bobbi Trout, Blanche Noyes, and Phoebe Omlie. These pioneering women (with the possible exception of Amelia) are some of the most underrecognized pilots in history. They, along with fifteen other female pilots, flew in the First Women’s National Air Derby which began at the Santa Monica Airport in the summer of 1929. This event had an indisputable impact on the future of women in aviation.

The women of the derby also formed the Ninety Nines International Association of Women Pilots immediately following the race. It continues today as an organization that advocates and encourages female pilots throughout the world. The Compass Rose, the trademark logo of the Ninety-Nines, was designed by Los Angeles Chapter member

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Packet Pg. 894 Attachment: Compass Rose Correspondence (3828 : Landmark Appeal - Airport Compass Rose (90 mins.)) Wilma Fritschey in 1939 and symbolizes both the history and traditions of the organization.

The Compass Rose is emblematic of over 90 years of the history of women in aviation, with roots firmly planted in Santa Monica. The Landmark Commission’s role is to protect our cultural, social and political history and promote the use of landmarks and structures for the education and pleasure of the residents, workers, and visitors of Santa Monica, to show the full range of its heritage. The Santa Monica Airport certainly fits these criteria.

I have spent the past twenty years researching and telling the story of the derby and the women who flew it. My award-winning documentary about the subject, Breaking Through The Clouds: The First Women’s National Air Derby, has aired on PBS stations thousands of times, won many film festivals and awards. Actual footage of opening day in Santa Monica is included in the film, showing Amelia Earhart and several other contestants being interviewed before lining up their planes to take off for their nine-day adventure. Will Rogers, Howard Hughes, Roscoe Turner, and many of the top names in aviation attended the start of the race to support the women, along with thousands of spectators. Cars lined up for miles outside of the Santa Monica Airport and people sat on their rooftops to watch the race begin. The event made headlines across the country, inspiring and informing the general public about the importance of aviation as a viable means of transportation as well as shining a light on the Airport itself. The Derby was more than a race, it was a chance to show the world that women could fly and aviation was an important mode of transportation. The twenty women who flew in the derby were pioneers of aviation and the Santa Monica Airport was a significant factor in allowing them to take flight. Commemorating such an historic event with the Compass Rose at the Santa Monica Airport would be a wonderful, and appropriate way, to honor the legacy of these brave women.

Saving such a culturally significant and historic landmark will ensure that their contributions continue to inspire and will not be forgotten. I whole-heartedly join the LA99s and those who support the designation of the Compass Rose as a Santa Monica Landmark.

Heather Taylor
Producer/Director
Breaking Through The Clouds: The First Women’s National Air Derby BreakingThroughTheClouds.com
C) 865-242-7551

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Packet Pg. 895 Attachment: Compass Rose Correspondence (3828 : Landmark Appeal - Airport Compass Rose (90 mins.)) From: [email protected]
To: Steve Mizokami; Stephanie Reich
Subject: Compass Rose on the Landmarks Commission agenda on 9/9/19 Date: Tuesday, September 3, 2019 1:43:16 AM
Dear Landmarks Commission staff:

It has come to my attention that the Landmarks Commission is considering whether to landmark the Compass Rose concrete at the airport at its meeting on September 9, 2019.

I was told that this Compass Rose is a 1988 reproduction of the original. This is confirmed in the recent SMDP article. Therefore, I do not think it should be landmarked. It is not historical.

Moreover, landmarking this relatively new concrete slab may interfere with the future landscaping/architectural designs of what the community hopes will be an amazing park to be built in the future on our public land at the airport after January 1, 2029.

Finally, landmaking Compass Rose makes no sense. The historical importance of the airport is and will continue to be recognized at the Museum of Flying without the inappropriate landmarking of a 1988 reproduction.

I am unable to come to the September 9th meeting, and so I am writing to you so that the staff report/recommendation denies this application.

Thank you.

Cindy Bendat
Santa Monica resident

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Packet Pg. 896 Attachment: Compass Rose Correspondence (3828 : Landmark Appeal - Airport Compass Rose (90 mins.))

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Packet Pg. 897 Attachment: Compass Rose Correspondence (3828 : Landmark Appeal - Airport Compass Rose (90 mins.))

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Packet Pg. 898 Attachment: Compass Rose Correspondence (3828 : Landmark Appeal - Airport Compass Rose (90 mins.)) From: Planning
To: Steve Mizokami; Stephanie Reich
Subject: FW: 99s Santa Monica Compass Rose
Date: Monday, August 26, 2019 1:38:53 PM
From: Kaitlyn Doherty [mailto:[email protected]] Sent: Monday, August 26, 2019 12:32 PM
To: Planning <[email protected]>
Subject: 99s Santa Monica Compass Rose
I am writing in support of designating the 99s Women in Aviation Compass Rose at the Santa Monica Airport a local landmark. As a new member of the 99s I am drawn to the historical significance of the insignia. It is my plan to eventually have photographs taken at each of the compass rose locations. Given that this compass rose was where the first Women's National Air Derby began and ultimately led to the founding of the 99s organization, now the largest organization of women pilots in the world, I feel that it is a landmark for all of us in the 99s and to not be declared a local landmark as well would be a loss to the city of Santa Monica.

Kaitlyn Doherty
99s Member
South Central Section

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Packet Pg. 899 Attachment: Compass Rose Correspondence (3828 : Landmark Appeal - Airport Compass Rose (90 mins.)) From: Planning
To: Steve Mizokami; Stephanie Reich
Subject: FW: Compass Rose at Santa Monica Airport
Date: Tuesday, August 27, 2019 8:47:09 AM
From: Kate Scott [mailto:[email protected]]
Sent: Monday, August 26, 2019 7:39 PM
To: Ruth Shari <[email protected]>; Kenneth Breisch <[email protected]>; Amy Beth Green <[email protected]>; Roger Genser <[email protected]>; Barry Rosenbaum <[email protected]>; Dolores Sloan <[email protected]>; Richard Brand <[email protected]>
Cc: Planning <[email protected]>
Subject: Compass Rose at Santa Monica Airport
Commissioners:

I whole-heartedly support The 99s of the Los Angeles Area, Inc.’s nomination to designate the Compass Rose as a Santa Monica Landmark.

The aviation industry played a significant role in the growth and development of Santa Monica in the early 20th century. Early aviators were drawn to the Santa Monica Airport after the Douglas Aircraft Company moved to the Santa Monica Airport in 1929. Among those legendary aviators were women flyers including Amelia Earhart, Pancho Barnes, Bobbi Trout, Blanche Noyes and Phoebe Omlie. These brave women are some of the most underrecognized aviators in history. The Santa Monica Airport is where the first Women’s Air Derby started in 1929, an event which had an indisputable impact on the future of women in aviation.

The Compass Rose is emblematic of over 90 years of the history of women in aviation, with roots grounded in Santa Monica. The Landmark Commission’s role is to protect our cultural, social and political history and promote the use of landmarks and structures for the education and pleasure of the residents, workers and visitors of Santa Monica, in such a way as to show the full range of its heritage.

It does not get more historic or historically important than preserving where Amelia Earhart’s greatest contribution to aviation was born – the formation of the Ninety Nines International Association of Women Pilots - an organization that continues to support and encourage women pilots throughout the world 90 years following the Air Derby. The Compass Rose, the trademark logo of the Ninety-Nines, was designed by Los Angeles Chapter member Wilma Fritschey in 1939 and continues to symbolize the history and traditions of the organization today.

As the Chairman of the Los Angeles Chapter, it represents the founding women of both the 99s and aviation here on the Westside. And, I could not be more proud that it all started here, in Santa Monica! I live and work here in Santa Monica, and am really proud of the history and how it is honored in old photographs around town, and through historic landmarks.

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Packet Pg. 900 Attachment: Compass Rose Correspondence (3828 : Landmark Appeal - Airport Compass Rose (90 mins.)) Since there is no other site of its kind in Santa Monica, we have a once in a lifetime opportunity to save a cultural and historic Landmark identified with historic personages and embodies the use of a unique design in a unique location.

I am therefore honored to join the LA99s and groups and individuals who support the designation of the Compass Rose as a Santa Monica Landmark.

Kate Scott
www.KateMScott.com
310.595.0901

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Packet Pg. 901 Attachment: Compass Rose Correspondence (3828 : Landmark Appeal - Airport Compass Rose (90 mins.)) From: Planning
To: Steve Mizokami; Stephanie Reich
Subject: FW: Landmark Status for Compass Rose at Santa Monica Airport Date: Thursday, August 29, 2019 10:53:03 AM
From: [email protected] [mailto:[email protected]] Sent: Wednesday, August 28, 2019 6:33 PM
Subject: Landmark Status for Compass Rose at Santa Monica Airport Dear Commissioners:

I’m writing to express my support for the nomination to designate the Compass Rose as a Santa Monica Landmark.

Santa Monica should be proud of its rich aviation history. I grew up in Wisconsin and with an interest in aviation, I knew of the city of Santa Monica primarily from books I’d read about female pilots. I moved to Los Angeles in 2007 and one of the first places I visited when I arrived was Santa Monica airport. I wanted to set foot on the same ground my heroes had walked all those years ago. Seeing that Compass Rose gave me goosebumps. It still does.

Last month I flew in the 90th Anniversary of the Women’s National Air Derby recreation flight from Santa Monica to San Bernardino. As a female pilot, that will be a day I remember and cherish for the rest of my life. The first leg of the Derby in 1929 was from Santa Monica to San Bernardino and doing it myself 90 years later, competing with other female pilots and getting to share in that camaraderie was a dream come true.

The sense of community within aviation is something I can’t describe. It’s a small percentage of people who can say they fly, but an even smaller percentage of women. We have certain things that unite us and remind us of our shared history and the hurdles we’ve faced both personally, and as a gender. The Compass Rose is one of them and I can’t imagine losing it.

It’s a beacon of hope to young girls who look up to women like Amelia Earhart, Bobbi Trout, Pancho Barnes, Blanche Noyes and Phoebe Omlie who all took off from this very site. If they could do it, so can any girl with a dream!
The Compass Rose represents 90 years of the history of women in aviation, with roots grounded in Santa Monica. The Landmark Commission’s role is to protect our cultural, social and political history and promote the use of landmarks and structures for the education and pleasure of the residents, workers and visitors of Santa Monica, in such a way as to show the full range of its heritage.

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Packet Pg. 902 Attachment: Compass Rose Correspondence (3828 : Landmark Appeal - Airport Compass Rose (90 mins.)) It does not get more historic or historically important than preserving where Amelia Earhart’s greatest contribution to aviation was born – the formation of the Ninety Nines International Association of Women Pilots - an organization that continues to support and encourage women pilots throughout the world. The Compass Rose, the trademark logo of the Ninety-Nines, was designed by Los Angeles Chapter member Wilma Fritschey in 1939 and continues to symbolize the history and traditions of the organization today. I have been a member of the Ninety Nines since I first started my flight training. The women in my chapter offered support and guidance and cheered me on. When I received my pilot’s license, I was so proud to share it with my sisters in the 99s. I now strive to support and encourage other young women who join the organization. Sharing stories, photos, and visiting sites such as the Compass Rose serve to inspire others and remind ourselves of where we came from, where we are now and where we can go.

Since there is no other site of its kind in Santa Monica, we have a once in a lifetime opportunity to save a cultural and historic Landmark identified with historic personages and which embodies the use of a unique design in a unique location.

I am therefore honored to join the LA99s in supporting the designation of the Compass Rose as a Santa Monica Landmark.

Sincerely,
Jenna Lohneis

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Packet Pg. 903 Attachment: Compass Rose Correspondence (3828 : Landmark Appeal - Airport Compass Rose (90 mins.)) From: Planning
To: Steve Mizokami; Stephanie Reich
Subject: FW: Landmark the Compass Rose
Date: Tuesday, September 3, 2019 9:34:04 AM
Attachments: Screen Shot 2019-09-02 at 9.52.54 AM.png
From: connie schurr [mailto:[email protected]]
Sent: Monday, September 2, 2019 11:22 AM
To: Planning <[email protected]>
Subject: Landmark the Compass Rose
Dear Steve Mizokami:

On May 30, 2019, the LA99s filed an application to designate the Compass Rose at Santa Monica Airport as a historical landmark. This is the first time a Compass Rose has been nominated as a landmark anywhere in the Country.

Is is important to preserve the historical importance of the role women played in the aviation history of Santa Monica and southern California. The Compass Rose is an emblem of that history beginning with the first National Women's Air Derby in 1929 that started at Santa Monica Airport and was nick named the "Powder Puff Derby" by Will Rogers who along with Wiley Post presided over the start of the race.

Your support for this designation of the Compass Rose as a Santa Monica Landmark at the September 9th Santa Monica Council Meeting is greatly appreciated.

The aviation industry played a significant role in the growth and development of Santa Monica in the early 20th century. Early aviators were drawn to the Santa Monica Airport after the Douglas Aircraft Company moved to the Santa Monica Airport in 1929. Among those legendary aviators were women flyers including Amelia Earhart, Pancho Barnes, Bobbi Trout, Blanche Noyes and Phoebe Omlie. These brave women are some of the most underrecognized aviators in history. The Santa Monica Airport is where the first Women’s Air Derby started in 1929, an event which had an indisputable impact on the future of women in aviation.

Since there is no other site of its kind in Santa Monica, we have a once in a lifetime opportunity to save a cultural and historic Landmark identified with historic personages and embodies the use of a unique design in a unique location.

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Packet Pg. 904 Attachment: Compass Rose Correspondence (3828 : Landmark Appeal - Airport Compass Rose (90 mins.)) Please join the LA99s and groups and individuals who support the designation of the Compass Rose as a Santa Monica Landmark.

Connie Schurr
PO 2682
Malibu, CA 90265
Copy and paste the link below to access a copy of the landmark application. https://www.dropbox.com/s/d4iedc4rko4rql4/Compass%20Rose%20Nomination%2005.30.19.pdf? dl=0

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Packet Pg. 905 Attachment: Compass Rose Correspondence (3828 : Landmark Appeal - Airport Compass Rose (90 mins.)) From: Planning
To: Steve Mizokami; Stephanie Reich
Subject: FW: Letter of support for Santa Monica Compass Rose Date: Thursday, August 29, 2019 11:17:55 AM
-----Original Message-----
From: [email protected] [mailto:[email protected]] Sent: Thursday, August 29, 2019 11:15 AM
To: Ruth Shari <[email protected]>; kenneth.breisch@smgov; Amy Beth Green <[email protected]>; Roger Genser <[email protected]> Cc: Barry Rosenbaum <[email protected]>; Dolores Sloan <[email protected]>; Richard Brand <[email protected]>; Planning <[email protected]> Subject: Letter of support for Santa Monica Compass Rose August 29, 2019
Re: Support for Compass Rose at Santa Monica Airport
Dear Commissioners:

I support The 99s of the Los Angeles Area, Inc.’s nomination to designate the Compass Rose as a Santa Monica Landmark.

The aviation industry played a significant role in the growth and development of Santa Monica in the early 20th century. Early aviators were drawn to the Santa Monica Airport after the Douglas Aircraft Company moved to the Santa Monica Airport in 1929. Among those legendary aviators were women flyers including Amelia Earhart, Pancho Barnes, Bobbi Trout, Blanche Noyes and Phoebe Omlie. These brave women are some of the most under recognized aviators in history. The Santa Monica Airport is where the first Women’s Air Derby started in 1929, an event which had an indisputable impact on the future of women in aviation.

As a 99 since 1973, I know that the Airmarking and the Compass Rose was one of Amelia Earhart’s passions. Pilots used it for many years to check that the compass on their planes was accurate, and the one at Santa Monica is always a reminder that the idea for the 99s started at Santa Monica Airport.

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Packet Pg. 906 Attachment: Compass Rose Correspondence (3828 : Landmark Appeal - Airport Compass Rose (90 mins.)) I/we are therefore honored to join the LA99s and groups and individuals who support the designation of the Compass Rose as a Santa Monica Landmark.

Jeanne Fenimore
[email protected]

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Packet Pg. 907 Attachment: Compass Rose Correspondence (3828 : Landmark Appeal - Airport Compass Rose (90 mins.)) From: Planning
To: Steve Mizokami; Stephanie Reich
Subject: FW: Santa Monica Airport compass rose
Date: Monday, August 26, 2019 10:05:18 AM
From: CJ McMullin [mailto:[email protected]]
Sent: Monday, August 26, 2019 8:38 AM
To: Ruth Shari <[email protected]>; Kenneth Breisch <[email protected]>; Amy Beth Green <[email protected]>; Roger Genser <[email protected]>; Barry Rosenbaum <[email protected]>; Dolores Sloan <[email protected]>; Richard Brand <[email protected]>; Planning <[email protected]> Subject: Santa Monica Airport compass rose
August 23, 2019
Santa Monica Landmarks Commission
1685 Main Street, Room 212
Santa Monica, CA 90401
Ruth Shari: [email protected]
Ken Breisch: [email protected]
Amy Green: [email protected]
Roger Genser: [email protected]
Barry Rosenbaum: [email protected]
Dolores Sloan: [email protected]
Richard Brand: [email protected]
cc: Steve Mizokami: [email protected]
sent via US mail and email
Re: Support for historic designation of the Santa Monica Airport compass rose Dear Honorable Commissioners:

I write in support of the 99s of the Los Angeles Area, Inc.’s nomination to designate the compass rose as a Santa Monica Landmark.

As a member of the Orange County 99s, I have personally knelt on the tarmac, assisting my 99s sisters with painting the John Wayne airport compass rose. As proponents, enthusiasts and supporters of aviation, we take pride in the maintenance and preservation of the compass rose marked with the 99s insignia. As part of the organization, I have witnessed firsthand the growth and development of women aviators in public, private and military aviation, in careers ranging from general aviation, to air transport pilots, jet fighter pilots, helicopter pilots and aircraft mechanics, as a result of the support and encouragement received by the 99s (an international organization).

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Packet Pg. 908 Attachment: Compass Rose Correspondence (3828 : Landmark Appeal - Airport Compass Rose (90 mins.)) The aviation industry played a significant role in the growth and development of Santa Monica in the early 20th century. Early aviators were drawn to the Santa Monica Airport after the Douglas Aircraft Company moved to the Santa Monica Airport in 1929. Among those legendary aviators were women flyers including Amelia Earhart, Pancho Barnes, Bobbi Trout, Blanche Noyes and Phoebe Omlie.

These brave women are some of the most under recognized aviators in history. The Santa Monica Airport is where the first Women’s Air Derby started in 1929, an event which had an indisputable impact on the future of women in aviation.

The compass rose is emblematic of over 90 years of the history of women in aviation, with roots grounded in Santa Monica. The Landmark Commission’s role is to protect our cultural, social and political history and promote the use of landmarks and structures for the education and pleasure of the residents, workers and visitors of Santa Monica, in such a way as to show the full range of its heritage.

It does not get more historic or historically important than preserving where Amelia Earhart’s greatest contribution to aviation was born – the formation of the Ninety Nines International Association of Women Pilots - an organization that continues to support and encourage women pilots throughout the world 90 years following the Air Derby. The compass rose, the trademark logo of the Ninety-Nines, was designed by Los Angeles Chapter member Wilma Fritschey in 1939 and continues to symbolize the history and traditions of the organization today.

Since there is no other site of its kind in Santa Monica, we have a once in a lifetime opportunity to save a cultural and historic Landmark identified with historic personages that embodies the use of a unique design in a unique location.

I am therefore honored to join the LA99s and groups and individuals who support the designation of the compass rose as a Santa Monica Landmark.

Sincerely,
Cynthia Jensen-McMullin
Cynthia "CJ" Jensen-McMullin, PhD
26895 Aliso Creek Road, Suite B659
Aliso Viejo, CA 92656

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Packet Pg. 909 Attachment: Compass Rose Correspondence (3828 : Landmark Appeal - Airport Compass Rose (90 mins.)) From: Planning
To: Steve Mizokami; Stephanie Reich
Subject: FW: Support for Compass Rose at Santa Monica Airport Date: Monday, August 26, 2019 10:04:36 AM
From: Joyce Breiner [mailto:[email protected]]
Sent: Saturday, August 24, 2019 9:09 AM
To: Ruth Shari <[email protected]>; Roger Genser <[email protected]>; Dolores Sloan <[email protected]>; Kenneth Breisch <[email protected]>; Amy Beth Green <[email protected]>; Barry Rosenbaum <[email protected]>; Richard Brand <[email protected]>
Cc: Planning <[email protected]>
Subject: Support for Compass Rose at Santa Monica Airport Dear Commissioners:

I support The 99s of the Los Angeles Area, Inc.’s nomination to designate the Compass Rose as a Santa Monica Landmark.

As a pilot, aircraft owner and retired air traffic controller, seeing a 99s compass rose reminds me of the role and direction that aviation in general and women in aviation in particular have played in my life over 40+ years. I expect the Santa Monica 99s Compass Rose to continue to do the same for others, especially young women, inspiring their future endeavors and charting their paths in aviation.

The aviation industry played a significant role in the growth and development of Santa Monica in the early 20th century. Early aviators were drawn to the Santa Monica Airport after the Douglas Aircraft Company moved to the Santa Monica Airport in 1929. Among those legendary aviators were women flyers including Amelia Earhart, Pancho Barnes, Bobbi Trout, Blanche Noyes and Phoebe Omlie. These brave women are some of the most underrecognized aviators in history. The Santa Monica Airport is where the first Women’s Air Derby started in 1929, an event which had an indisputable impact on the future of women in aviation.

I am therefore honored to join the LA99s and groups and individuals who support the designation of the Compass Rose as a Santa Monica Landmark.

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Packet Pg. 910 Attachment: Compass Rose Correspondence (3828 : Landmark Appeal - Airport Compass Rose (90 mins.)) Respectfully,
Joyce Breiner
Private Pilot (ASEL-I)
Aircraft Owner, N4294M
FAA Air Traffic Specialist, Retired
Donor, 1929 Fleet Model 2 NC8689, now displayed at Smithsonian Air & Space Museum's Udvar-Hazy Annex.

Member, Washington DC 99s; former Chapter Chair, Keystone 99s

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Packet Pg. 911 Attachment: Compass Rose Correspondence (3828 : Landmark Appeal - Airport Compass Rose (90 mins.)) From: Planning
To: Steve Mizokami; Stephanie Reich
Subject: FW: Support for Compass Rose at Santa Monica Airport Date: Monday, August 26, 2019 10:04:25 AM
From: Barbara Schalk [mailto:[email protected]]
Sent: Saturday, August 24, 2019 7:45 AM
To: Ruth Shari <[email protected]>; Kenneth Breisch <[email protected]>; Amy Beth Green <[email protected]>; Roger Genser <[email protected]>; Barry Rosenbaum <[email protected]>; Dolores Sloan <[email protected]>; Richard Brand <[email protected]>
Cc: Planning <[email protected]>
Subject: Support for Compass Rose at Santa Monica Airport Dear Commissioners:

I support The 99s of the Los Angeles Area, Inc.’s nomination to designate the Compass Rose as a Santa Monica Landmark.

Among those legendary aviators were women flyers including Amelia Earhart, Pancho Barnes, Bobbi Trout, Blanche Noyes and Phoebe Omlie. These brave women are some of the most underrecognized aviators in history. The Santa Monica Airport is where the first Women’s Air Derby started in 1929, an event which had an indisputable impact on the future of women in aviation.

The Compass Rose, the trademark logo of the Ninety-Nines, was designed by Los Angeles Chapter member Wilma Fritschey in 1939 and continues to symbolize the history and traditions of the organization today.

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Packet Pg. 912 Attachment: Compass Rose Correspondence (3828 : Landmark Appeal - Airport Compass Rose (90 mins.)) I am a licensed pilot and am reassured when I spot a compass rose on the field when I am confirming my landing area.

I am therefore honored to join the LA99s and groups and individuals who support the designation of the Compass Rose as a Santa Monica Landmark.

Sincerely,
Barbara A. Schalk
Private Pilot, SEL

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Packet Pg. 913 Attachment: Compass Rose Correspondence (3828 : Landmark Appeal - Airport Compass Rose (90 mins.)) From: Planning
To: Steve Mizokami; Stephanie Reich
Subject: FW: Support for Compass Rose at Santa Monica Airport Date: Monday, August 26, 2019 10:04:09 AM
From: Virginia Hildebrant [mailto:[email protected]] Sent: Friday, August 23, 2019 8:10 PM
To: Ruth Shari <[email protected]>; Kenneth Breisch <[email protected]>; Amy Beth Green <[email protected]>; Roger Genser <[email protected]>; Barry Rosenbaum <[email protected]>; Dolores Sloan <[email protected]>; Richard Brand <[email protected]>
Cc: Planning <[email protected]>
Subject: Support for Compass Rose at Santa Monica Airport Dear Commissioners:

As a Ninety-Nine, I support The 99s of the Los Angeles Area, Inc.’s nomination to designate the Compass Rose as a Santa Monica Landmark.

The aviation industry played a significant role in the growth and development of Santa Monica in the early 20th century. Early aviators were drawn to the Santa Monica Airport after the Douglas Aircraft Company moved to the Santa Monica Airport in 1929. Among those legendary aviators were women flyers including Amelia Earhart, Pancho Barnes, Bobbi Trout, Blanche Noyes and Phoebe Omlie. These brave women are some of the most under recognized aviators in history. The Santa Monica Airport is where the first Women’s Air Derby started in 1929, an event which had an indisputable impact on the future of women in aviation. It’s beyond sad about the airport. But hopefully, the compass rose will remain.

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Packet Pg. 914 Attachment: Compass Rose Correspondence (3828 : Landmark Appeal - Airport Compass Rose (90 mins.)) and encourage women pilots throughout the world 90 years following the Air Derby. The Compass Rose, the trademark logo of the Ninety-Nines, was designed by Los Angeles Chapter member Wilma Fritschey in 1939 and continues to symbolize the history and traditions of the organization today.

As a pilot when I see our compass rose at airports, I get excited thinking about how it happend. Airmarking airports and painting the compass rose is an ongoing tradition and sense of community. I love being a part of the painting. I am honored to join the LA99s and groups and individuals who support the designation of the Compass Rose as a Santa Monica Landmark.

Thank you for considering this request.

Virgina F. Hildebrant
Greater Seattle Chapter Ninety-Nines

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Packet Pg. 915 Attachment: Compass Rose Correspondence (3828 : Landmark Appeal - Airport Compass Rose (90 mins.)) From: Planning
To: Steve Mizokami; Stephanie Reich
Subject: FW: Support for Compass Rose at Santa Monica Airport Date: Monday, August 26, 2019 10:03:37 AM
From: Bertie [mailto:[email protected]]
Sent: Friday, August 23, 2019 5:03 PM
Cc: Planning <[email protected]>
Subject: Support for Compass Rose at Santa Monica Airport Santa Monica Landmarks Commission
1685 Main Street, Room 212
Santa Monica, CA 90401

Dear Commissioners:

I support The 99s of the Los Angeles Area, Inc.’s nomination to designate the Compass Rose as a Santa Monica Landmark.

The Compass Rose, the trademark logo of the Ninety-Nines, was designed by Los

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Packet Pg. 916 Attachment: Compass Rose Correspondence (3828 : Landmark Appeal - Airport Compass Rose (90 mins.)) Angeles Chapter member Wilma Fritschey in 1939 and continues to symbolize the history and traditions of the organization today.

As a pilot I look forward to seeing the compass rose when I land at Santa Monica Airport. The airport and the compass rose have such an important history for the aviation community and should be recognized as a landmark Since there is no other site of its kind in Santa Monica, we have a once in a lifetime opportunity to save a cultural and historic Landmark identified with historic personages and embodies the use of a unique design in a unique location.

I am therefore honored to join the LA99s and groups and individuals who support the designation of the Compass Rose as a Santa Monica Landmark.

Bertie Duffy

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Packet Pg. 917 Attachment: Compass Rose Correspondence (3828 : Landmark Appeal - Airport Compass Rose (90 mins.)) From: Planning
To: Steve Mizokami; Stephanie Reich
Subject: FW: Support for Compass Rose at Santa Monica Airport Date: Wednesday, August 28, 2019 8:12:03 AM
From: Eteam Go [mailto:[email protected]]
Sent: Tuesday, August 27, 2019 11:06 PM
To: Ruth Shari <[email protected]>; Kenneth Breisch <[email protected]>; Amy Beth Green <[email protected]>; Roger Genser <[email protected]>; Barry Rosenbaum <[email protected]>; Dolores Sloan <[email protected]>; Richard Brand <[email protected]>
Cc: Planning <[email protected]>
Subject: Support for Compass Rose at Santa Monica Airport Dear Commissioners:

I/We support The 99s of the Los Angeles Area, Inc.’s nomination to designate the Compass Rose as a Santa Monica Landmark.

Since there is no other site of its kind in Santa Monica, we have a once in a lifetime

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Packet Pg. 918 Attachment: Compass Rose Correspondence (3828 : Landmark Appeal - Airport Compass Rose (90 mins.)) opportunity to save a cultural and historic Landmark identified with historic personages and embodies the use of a unique design in a unique location.

I/we are therefore honored to join the LA99s and groups and individuals who support the designation of the Compass Rose as a Santa Monica Landmark.

Cheers, Teri H.

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Packet Pg. 919 Attachment: Compass Rose Correspondence (3828 : Landmark Appeal - Airport Compass Rose (90 mins.)) August 27, 2019
Dear Commissioners:

The Santa Monica Bay Woman’s Club supports The 99s of the Los Angeles Area, Inc.’s nomination to designate the Compass Rose as a Santa Monica Landmark.

The aviation industry played a significant role in the growth and development of Santa Monica in the early 20th century. The Santa Monica Airport is where the first Women’s Air Derby started in 1929, an event which had an indisputable impact on the future of women in aviation. The Santa Monica Bay Woman’s Club is honored to have hosted the contestants of this Derby.

We are therefore honored to join the LA99s and groups and individuals who support the designation of the Compass Rose as a Santa Monica Landmark.

Becky Upchurch, President
Santa Monica Bay Woman’s Club
1210 4th Street, Santa Monica, CA 90401 (310) 395-1308 EIN: 95-1191834

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Packet Pg. 920 Attachment: Compass Rose Correspondence (3828 : Landmark Appeal - Airport Compass Rose (90 mins.))

8.27.19 Re: Support for Compass Rose at Santa Monica Airport Dear Commissioners:

I/We support The 99s of the Los Angeles Area, Inc.’s nomination to designate the Compass Rose as a Santa Monica Landmark.

The aviation industry played a significant role in the growth and development of Santa Monica in the early 20th century. Early aviators were drawn to the Santa Monica Airport after the Douglas Aircraft Company moved to the Santa Monica Airport in 1929. Among those legendary aviators were women flyers including Amelia Earhart, Pancho Barnes, Bobbi Trout, Blanche Noyes and Phoebe Omlie. These brave women are some of the most underrecognized aviators in history. The Santa Monica Airport is where the first Women’s Air Derby started in 1929, an event which had an indisputable impact on the future of women in aviation.

I recently became a VFP private pilot and I’m an active member of Airspacers flying club.

I support the history of women in aviation and preserving the history they worked so hard to create. Since there is no other site of its kind in Santa Monica, we have a once in a lifetime opportunity to save a cultural and historic Landmark identified with historic personages and embodies the use of a unique design in a unique location.

I/we are therefore honored to join the LA99s and groups and individuals who support the designation of the Compass Rose as a Santa Monica Landmark. ________________
Ryan McGarry

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Packet Pg. 921 Attachment: Compass Rose Correspondence (3828 : Landmark Appeal - Airport Compass Rose (90 mins.)) From: Lauren Russell
To: Amy Beth Green; Dolores Sloan; Richard Brand; Steve Mizokami; Lauren Russell; Ruth Shari; Kenneth Breisch Subject: Support for Compass Rose at Santa Monica Airport Date: Wednesday, August 28, 2019 1:51:01 PM
August 28, 2019
Re: Support for Compass Rose at Santa Monica Airport
Dear Commissioners:

We support The 99s of the Los Angeles Area, Inc.’s nomination to designate the Compass Rose as a Santa Monica Landmark.

We are therefore honored to join the LA99s and groups and individuals who support the designation of the Compass Rose as a Santa Monica Landmark.

Sincerely,
Lauren Russell & Ken Quain

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Packet Pg. 922 Attachment: Compass Rose Correspondence (3828 : Landmark Appeal - Airport Compass Rose (90 mins.))

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Packet Pg. 923 Attachment: Compass Rose Correspondence (3828 : Landmark Appeal - Airport Compass Rose (90 mins.))

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Packet Pg. 924
Attachment: Compass Rose Correspondence (3828 : Landmark Appeal - Airport Compass Rose (90 mins.))

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Packet Pg. 925
Attachment: Compass Rose Correspondence (3828 : Landmark Appeal - Airport Compass Rose (90 mins.))

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Packet Pg. 926
Attachment: Compass Rose Correspondence (3828 : Landmark Appeal - Airport Compass Rose (90 mins.)) Public Works Department
1685 Main Street, Room 116
Santa Monica, CA 90401
(310) 458-8221
[email protected]
DATE: December 12, 2019
TO: Rick Cole, City Manager
FROM: Susan Cline, Director of Public Works
Stelios Makrides, Airport Director
SUBJECT: Airport Commission’s Recommendation to City Council At their December 11, 2019 special meeting, the Airport Commission made the following recommendation to City Council relating to the Airport Compass Rose Landmark:

The Airport Commission supports the aim of the Landmark Commission to memorialize the distinct accomplishments of female pilots and the remarkable achievements of Amelia Earhart.

However, the Airport Commission believes, given the City Council obligations under Measure LC and the Consent Decree, and the intention to plan for a great park, that it may have unforeseen consequences for future uses at the airport to establish the Compass Rose landmark at the present location, one that is not accessible to the general public.

This motion was passed 4 yes; 1 no.

Document(s) Reviewed and Approved By:
_______________________
Susan Cline

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Packet Pg. 927 Attachment: Airport Commission's Recommendation to Council 2 20191211 (3828 : Landmark Appeal - Airport Compass Rose (90 mins.)) - 1 -

M E M O R A N D U M

PLANNING AND COMMUNITY DEVELOPMENT DEPARTMENT

CITY OF SANTA MONICA

PLANNING DIVISION
DATE: September 9, 2019
TO: The Honorable Landmarks Commission
FROM: Planning Staff
SUBJECT: 3223 Donald Douglas Loop, 19ENT-0213
Public Hearing to consider Landmark Designation application 19ENT-0213 to determine whether the painted Compass Rose on concrete paving located adjacent to the runway generally at the northwest corner of the Santa Monica Municipal Airport property, in whole or in part, should be designated as a City Landmark and, if so designated, whether an associated Landmark Parcel should be defined and described in order to preserve, maintain, protect, or safeguard the Landmark.

PROPERTY OWNER: City of Santa Monica
APPLICANT: Chattel Inc. and The 99s of the Los Angeles Area, Inc.

INTRODUCTION & BACKGROUND
The applicant filed a Landmark Designation application for a painted Compass Rose located to the north of and adjacent to Runway 3 at the Santa Monica Municipal Airport on May 30, 2019. The Compass Rose is a painted compass that is circular in shape, located adjacent to the airport runway, and used as an early aviation navigational tool and form of air marking, common to most airports.

A Landmark Assessment report was prepared for the subject building by one of the City’s historic preservation consultant, Ostashay and Associates Consulting (OAC), provided as Attachment C. Based on the findings as provided in the report, the consultant finds that the Compass Rose is eligible for Landmark designation under the City of Santa Monica Landmark criteria 9.56.100(A)(1) as symbolizing an important chapter in the aviation history of women in Santa Monica.

On August 11, 1988, the Landmarks Commission designated the Santa Monica Airport Rotating Beacon Tower as a City Landmark as a noteworthy, functional navigational tool identified with both historic personages and important local events, while also exemplifying the City’s economic history as a symbol of the vital role of the aviation 11-A

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Packet Pg. 928 Attachment: Landsmarks Commission 9/19/2019 Compass Rose Staff Report (3828 : Landmark Appeal - Airport Compass Rose (90 mins.)) - 2 -
industry during the early development years of the City. The Statement of Official Action (STOA) is provided for reference as Attachment D.

Historic Resources Inventory Status
The subject Compass Rose is not identified in the City’s 2018 Historic Resources Inventory survey and has not been identified on previous City surveys.

PUBLIC NOTIFICATION
Notice of this hearing was provided as required by Section 9.56.170(c) of the Landmarks Ordinance, with notice sent to all owners and occupants within a 300-foot radius and a newspaper notice published in the Santa Monica Daily Press at least 10 consecutive calendar days prior to the hearing. A copy of the notice is included as Attachment A.

ANALYSIS
Historic Context: Santa Monica Airport
The Santa Monica Airport is located at the southeast portion of the City adjacent to the southwestern boundary line of the City of Los Angeles. The airport is owned by the City of Santa Monica and is operated under a division of the City of Santa Monica Public Works Department. The airport consists of 227 acres and also includes non-aviation uses including a City park, offices, art studio, museum, event venues, parking, and airplane hangars.

The subject property was previously used as barley fields dating from 1916. As early as 1917, pilots of World War I biplanes began using the site as an informal landing strip. In the spring of 1923, the U.S. Army Air Corps officially converted the barley field airstrip into an operational military airfield and named it Clover Field. In April 1926, through the use of Park Bond revenue, the City of Santa Monica purchased 158 acres of land comprising the Clover Field site (adjacent to Ocean Park Boulevard) for use as a general aviation public-use airport. By 1929, the Douglas Aircraft Company completed the move of its factory to Clover Field, and by 1933, the Santa Monica Airport area was rectangular in plan with a straight 2,800 foot long asphalt paved runway with an adjacent open airfield space to the immediate south.

Despite the Great Depression of the 1930s, the Douglas plant at the airport continued to grow, employing many local residents and developing the residential neighborhoods around the airfield. The company constructed large factory assembly structures, massive hangars, and modern administrative offices. During World War II, Douglas manufactured, housed, and transported newly built transport planes and bomber aircraft used extensively during the war. During its peak years, Douglas Aircraft employed up to 44,000 employees leading to the City’s transformation from a beach resort town into a blue-collar community. The Douglas Aircraft Company continued to flourish through the 1960s however, left Santa Monica in 1975. During the 1950s through to the 1970s, there was an increase in civilian aviation activity at the airport. In 1984, the City of Santa Monica adopted a new Airport Master Plan, followed by the Santa Monica Airport Agreement with the Federal Aviation Administration (FAA) that same year.

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Packet Pg. 929 Attachment: Landsmarks Commission 9/19/2019 Compass Rose Staff Report (3828 : Landmark Appeal - Airport Compass Rose (90 mins.)) - 3 -
The Ninety-Nines
In addition to the record-breaking events and flights that occurred at the Santa Monica Airport (aka Clover Field) during its formative years, the first National Women’s Air Derby of 1929 (Powder Puff Derby), which started at the Santa Monica Airport (Clover Field), became the turning point for women in aviation. This first major transcontinental sanctioned air race for women proved that women pilots were as competent and determined as male pilots, and attracted women pilots locally, nationally, and abroad. By 1929, there were approximately 60 women pilots in the United States, potentially up to 117 worldwide, in which 20 women pilots participated in the event. The success of the air race encouraged pilot Amelia Earhart and others to form an organization of women pilots which led to the formation of the Ninety-Nines.

Established in November 1929, the Ninety-Nines was a social and professional organization with goals to encourage and support women in aviation and to enhance opportunities for women seeking careers in such a male-dominated field. Women pilots faced significant discrimination, were discouraged from flying, and were often negatively compared to their male counterparts. By the early 1930s, the Ninety-Nines were divided into regional sections with each section sponsoring some activities furthering women flying and aviation in general. The organization officially incorporated in 1950 and later renamed The Ninety-Nines International Organization of Women Pilots in efforts to include members from around the world. In total, eight geographic sections that were further divided into chapters were established for its members. Today, there are currently 155 chapters of the Ninety-Nines in 44 countries with over 6,000 members, including the Los Angeles chapter based at the Santa Monica Airport. The Ninety-Nines continue to promote the advancement of aviation through education, scholarships, and mutual support while honoring their unique history and sharing a passion for flying.

The subject Compass Rose is not directly associated with The Ninety-Nines in terms of historic personages or with important events in local, state, or national history in which it memorializes. As described below, the Compass Rose was used as an early aviation navigational tool and form of air marking common to most airports, and not directly associated with The Ninety-Nines. Although the first National Women’s Air Derby of 1929 was an important event in local history which began at the Santa Monica Airport and was the first sanctioned air race for women in the world, the Compass Rose itself is commemorative in nature and not directly associated with the event. Physical evidence of a Compass Rose at its original location at the airport dates to approximately 1947. The subject Compass Rose in its current location was painted as a volunteer effort by members of the local chapter of The Ninety-Nines in 1985 and has been repainted since that time. Therefore, any association with historic personages or important events is merely symbolic.

Santa Monica Compass Rose
Before radio navigation was widely available, pilots of small aircraft depended on natural landmarks, roads, or unusual structures visible from the air. Air marking is known as a program of painting or creating markings on the roofs of buildings or on ground areas to identify the location of airfields for pilots. The compass rose is multi-functional in that it is

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Packet Pg. 930 Attachment: Landsmarks Commission 9/19/2019 Compass Rose Staff Report (3828 : Landmark Appeal - Airport Compass Rose (90 mins.)) - 4 -
a form of air marking to assist pilots in navigating airfields, and it is also used to calibrate on-board airplane compasses before departure.

Research indicates that the Santa Monica Airport was known to have a functioning compass rose on its grounds adjacent to the airfield during its early years. There are references prior to the standardization of air marking during the 1930s and early 1940s, and prior to the creation of the Ninety-Nine’s distinctive Compass Rose logo (1939) that current exists at the airport. It is uncertain if or where a compass rose was located on the airfield at the time of the 1929 Powder Puff Derby and in the years following the event.

However, it is assumed that a compass would have existed at the airport for use by pilots and the Douglas Aircraft Company to calibrate the on-board flight compasses.

The Compass Rose was removed from the airport or hidden from public view during the war period for security reasons. Photo documentation after the war in 1947 show the compass rose located at the northeast corner of the airport adjacent to runways 21 and

22. The Compass Rose is also visible in aerial photographs dating from the 1950s, 1960s, 1970s, and 1980s. In November 1974, the Los Angeles Chapter of the Ninety-Nines’ air marking committee obtained approval to re-mark the compass at the Santa Monica Airport and in 1985 painted its first Compass Rose at the airport. The painting/installation was one of several airport improvement projects completed between 1985 and 1989. In June 1989, the Compass Rose was relocated from the northeast portion of the airport to its current location, and was last repainted by the LA 99s in 2010.

As such, the Compass Rose painting itself, as recently repainted in 2010, is non-original.

Additionally, the current location of the Compass Rose is non-original and therefore its location does not appear to be historically significant. However, the Compass Rose has importance to Santa Monica in that it symbolizes the important contributions of women in aviation, which is significant to the City’s cultural history. As such, the Compass Rose appears to be eligible under Criterion 1 as described below. The character-defining features associated with the Compass Rose include its location near or adjacent to the airfield, runway, taxiway, or other airport associated feature (as its current location is nonoriginal and therefore not historic), its large size and distinct shape as an 12-point Compass Rose, its paint material, color pattern, and blue and white hue, and its block font type of “99” logo and arrangement as two interlocking number “9”s of varying size and shape.

Landmarks Ordinance/Findings
The Landmarks Ordinance requires the Commission to review the building’s eligibility as a landmark based on the six criteria discussed below. In order to be designated as a City Landmark, the Commission is required to find that the property meets one or more of these criteria.

Based on the findings as provided in the Landmark Assessment Report, the consultant finds that the property appears eligible as a landmark under the City of Santa Monica Landmark criteria 9.56.100(A)(1). Based on research and evaluation, staff agrees with

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Packet Pg. 931 Attachment: Landsmarks Commission 9/19/2019 Compass Rose Staff Report (3828 : Landmark Appeal - Airport Compass Rose (90 mins.)) - 5 -
the consultant’s findings that the Compass Rose satisfies Landmark Designation criterion

1. The following draft findings are provided to support this conclusion:
(1) It exemplifies, symbolizes, or manifests elements of the cultural, social, economic, political or architectural history of the City.

In addition to the record-breaking events and flights that occurred at the Santa Monica Airport (aka Clover Field) during its formative years, the first National Women’s Air Derby of 1929 (Powder Puff Derby), which started at the Santa Monica Airport (Clover Field), became the turning point for women in aviation. This first major transcontinental sanctioned air race for women proved that women pilots were as competent and determined as male pilots, and attracted women pilots locally, nationally, and abroad. By 1929, there were approximately 60 women pilots in the United States, potentially up to 117 worldwide, in which 20 women pilots participated in the event. The event led to the formation of the Ninety-Nines in November 1929, a social and professional organization with goals to encourage and support women in aviation and to enhance opportunities for women seeking careers in such a male-dominated field. By the early 1930s, the NinetyNines were divided into regional sections with each section sponsoring some activities furthering women flying and aviation in general. The organization officially incorporated in 1950 and later renamed The Ninety-Nines International Organization of Women Pilots in efforts to include members from around the world.

There are references of a Compass Rose utilized at the Santa Monica Airport prior to the standardization of air marking during the 1930s and early 1940s, and prior to the creation of the Ninety-Nine’s distinctive Compass Rose logo (1939) that current exists at the airport. In November 1974, the Los Angeles chapter’s air marking committee obtained approval to re-mark the compass at the Santa Monica Airport and the Compass Rose by Ninety-Nines was first painted in 1985. The painting/installation of the compass rose was one of several airport improvement projects completed between 1985 and 1989. In June 1989, Compass Rose was relocated from the northeast portion of the airport to its current location, and was last repainted by the LA 99s in 2010. Today, the compass rose is a symbolic feature and is not necessarily in a historic location at the airport.

The subject Santa Monica Airport Compass Rose symbolizes the important aviation history of women in Santa Monica. It is also emblematic of the early air marking program for which the Ninety-Nines were and still are so closely associated with. The Compass Rose symbolizes the important contributions of women in aviation, important to the City’s cultural history. Therefore, the Santa Monica Compass Rose appears to satisfy this criterion.
(2) It has aesthetic or artistic interest or value, or other noteworthy interest or value.

The Compass Rose does not appear to have the aesthetic or artistic interest or value necessary for such recognition under this criterion. Therefore, the subject Compass Rose does not appear to satisfy this criterion.

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Packet Pg. 932 Attachment: Landsmarks Commission 9/19/2019 Compass Rose Staff Report (3828 : Landmark Appeal - Airport Compass Rose (90 mins.)) - 6 -
(3) It is identified with historic personages or with important events in local, state or national history.

Although the Compass Rose symbolizes the importance of women in aviation history in the City, it is not directly association with historic personages or with important events in local, state, or national history in which it memorializes. Although the first National Women’s Air Derby of 1929 was an important event in local history which began at the Santa Monica Airport and was the first sanctioned air race for women in the world, the Compass Rose itself is commemorative in nature and not directly associated with the event. Physical evidence of a Compass Rose at its original location at the airport dates to approximately 1947. The subject Compass Rose in its current location was painted as a volunteer effort by members of the local chapter of The Ninety-Nines in 1985 and has been repainted since that time. Any association with historic personages or important events is merely referential. Therefore, the subject Compass Rose does not appear to satisfy this criterion.
(4) It embodies distinguishing architectural characteristics valuable to a study of a period, style, method of construction, or the use of indigenous materials or craftsmanship, or is a unique or rare example of an architectural design, detail or historical type valuable to such a study.

The Compass Rose in its current location is considered a functional piece of art painted by the local chapter of the Ninety-Nines (Los Angeles Chapter, The Ninety-Nines International Organization of Women Pilots). As such, it does not possess any distinguishing architectural characteristics or embody the use of indigenous materials that would be valuable to a study of a period, style, method of construction. As it is a symbolic re-creation of the Ninety-Nine’s compass rose, it does not represent a unique or rare example of an architectural design, detail, or historical style valuable to such a study.

Therefore, the subject Compass Rose does not appear to satisfy this criterion. (5) It is a significant or a representative example of the work or product of a notable builder, designer or architect.

The Compass Rose is not a significant or a representative example of the work or product of a notable builder, designer, or architect. While the design of the Santa Monica Compass Rose in its current location is based on the original scheme created in 1939 by Ninety-Nine member Wilma Fritschey, it was repainted by the Los Angeles chapter of the Ninety-Nines. There is no indication that this local group should be considered a master in the field of design, construction, or architecture. Therefore, the subject Compass Rose does not appear to satisfy this criterion.
(6) It has a unique location, a singular physical characteristic, or is an established and familiar visual feature of a neighborhood, community or the City.

The Compass Rose is located adjacent to a runway and based on its siting on the property, is not readily accessible to the public or visible from the public right-of-way.

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Packet Pg. 933 Attachment: Landsmarks Commission 9/19/2019 Compass Rose Staff Report (3828 : Landmark Appeal - Airport Compass Rose (90 mins.)) - 7 -
Therefore, it has not become an established or familiar visual feature of a neighborhood, community, or the City. Therefore, the subject Compass Rose does not appear to satisfy this criterion.

RECOMMENDATION
Staff recommends that the Commission designate the Compass Rose located at 3223 Donald Douglas Loop as a City Landmark, described as a circular-shaped, twelve-point Compass Rose with a diameter of approximately 50 feet and a circumference of approximately 160 feet, based on the draft findings of designation Criteria 1 contained herein.

The character-defining features associated with the Compass Rose include the following:
 Location near or adjacent to the airfield, runway, taxiway, or other airport associated feature (its current location is non-original and therefore not historic);
 Large size and distinct shape as an 12-point Compass Rose;  Material (paint) and color pattern and hue (blue and white);  Block font type of “99” logo and arrangement as two interlocking number “9”s of varying size and shape.

Pursuant to SMMC 9.36.180, the Landmarks Commission’s determination regarding this application may be appealed to the City Council if the appeal is filed with the City Planning Division within ten (10) consecutive days commencing from the date that the decision is made by the Landmarks Commission.

Attachments:

A. Public Notice
B. Applicant Materials
C. Landmark Assessment Report, Ostashay & Associates, September 2019 D. Santa Monica Airport Rotating Beacon Tower (STOA LC-35-033) E. Public Correspondence

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Packet Pg. 934 Attachment: Landsmarks Commission 9/19/2019 Compass Rose Staff Report (3828 : Landmark Appeal - Airport Compass Rose (90 mins.))

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Attachment: Landmarks Commission 9/19/2019 Minutes Signed (3828 : Landmark Appeal - Airport Compass Rose (90 mins.))

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Attachment: Landmarks Commission 9/19/2019 Minutes Signed (3828 : Landmark Appeal - Airport Compass Rose (90 mins.))

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Attachment: Landmarks Commission 9/19/2019 Minutes Signed (3828 : Landmark Appeal - Airport Compass Rose (90 mins.))

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Attachment: Landmarks Commission 9/19/2019 Minutes Signed (3828 : Landmark Appeal - Airport Compass Rose (90 mins.))

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Attachment: Landmarks Commission 9/19/2019 Minutes Signed (3828 : Landmark Appeal - Airport Compass Rose (90 mins.))

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Attachment: Landmarks Commission 9/19/2019 Minutes Signed (3828 : Landmark Appeal - Airport Compass Rose (90 mins.))

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Attachment: Landmarks Commission 9/19/2019 Minutes Signed (3828 : Landmark Appeal - Airport Compass Rose (90 mins.))

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Attachment: Landmarks Commission 9/19/2019 Minutes Signed (3828 : Landmark Appeal - Airport Compass Rose (90 mins.))

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Attachment: Landmarks Commission 9/19/2019 Minutes Signed (3828 : Landmark Appeal - Airport Compass Rose (90 mins.))

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Attachment: Landmarks Commission 9/19/2019 Minutes Signed (3828 : Landmark Appeal - Airport Compass Rose (90 mins.))

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Attachment: Landmarks Commission 9/19/2019 Minutes Signed (3828 : Landmark Appeal - Airport Compass Rose (90 mins.))

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Attachment: Landmarks Commission 9/19/2019 Minutes Signed (3828 : Landmark Appeal - Airport Compass Rose (90 mins.))

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Packet Pg. 951
Attachment: Landmarks Commission 9/19/2019 Minutes Signed (3828 : Landmark Appeal - Airport Compass Rose (90 mins.)) 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. 952 Attachment: Chattel Levine Act Disclosure Form 20240215 (3828 : Landmark Appeal - Airport Compass Rose (90 mins.)) 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. 953 Attachment: Chattel Levine Act Disclosure Form 20240215 (3828 : Landmark Appeal - Airport Compass Rose (90 mins.)) 1 David Yakobson
From: Eve Lopez <[email protected]>
Sent: Tuesday, October 22, 2024 11:20 AM
To: Nikima Newsome
Cc: councilmtgitems
Subject: Oct 22, 2024 - Item 9A (Compass Rose Appeal)
Attachments: Compass Rose 12 and 16 point.pdf; Airmarking.pdf; Compass Rose Guide with different CR.pdf

EXTERNAL
Dear Madam Clerk,
Attached please find presentation materials to be used by speakers regarding item 9A - Compass Rose Appeal.

Thank you.
--
To help protect your priv acy, Microsoft Office prevented automatic download of this picture from the Internet.
photo EVE LOPEZ
A I R M A R K I N G | C O M P A S S R O S E C H A I R

LOS ANGELES CHAPTER OF THE NINETY-NINES
INTERNATIONAL ORGANIZATION OF WOMEN PILOTS ®
[email protected] | la99s.org | @la99s
Item 9-A
October 22, 2024
Item 9-A
October 22, 2024

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Packet Pg. 954 Attachment: Written Comments [Revision 2] (3828 : Landmark Appeal - Airport Compass Rose (90 mins.)) August 20, 2022
LA99s @ Chino Airport
w/SGV 99s
Item 9-A
October 22, 2024
Item 9-A
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Packet Pg. 955 Attachment: Written Comments [Revision 2] (3828 : Landmark Appeal - Airport Compass Rose (90 mins.)) Item 9-A
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Item 9-A
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Packet Pg. 957 Attachment: Written Comments [Revision 2] (3828 : Landmark Appeal - Airport Compass Airmarking • “It wasn’t glamorous work; there
were no cheering crowds. But it was
important. More to the point, it was
almost the only job a female aviator
could get in 1935.” • Keith Brian, Fly Girls
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October 22, 2024
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Packet Pg. 958 Attachment: Written Comments [Revision 2] (3828 : Landmark Appeal - Airport Compass Item 9-A
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Packet Pg. 960 Attachment: Written Comments [Revision 2] (3828 : Landmark Appeal - Airport Compass Airmarkers
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Packet Pg. 961 Attachment: Written Comments [Revision 2] (3828 : Landmark Appeal - Airport Compass Airmarking
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October 22, 2024

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Packet Pg. 962 Attachment: Written Comments [Revision 2] (3828 : Landmark Appeal - Airport Compass Item 9-A
October 22, 2024
Item 9-A
October 22, 2024

9.A.m
Packet Pg. 963 Attachment: Written Comments [Revision 2] (3828 : Landmark Appeal - Airport Compass Rose (90 mins.)) Item 9-A
October 22, 2024
Item 9-A
October 22, 2024

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Packet Pg. 964 Attachment: Written Comments [Revision 2] (3828 : Landmark Appeal - Airport Compass Rose (90 mins.)) Item 9-A
October 22, 2024
Item 9-A
October 22, 2024

9.A.m
Packet Pg. 965 Attachment: Written Comments [Revision 2] (3828 : Landmark Appeal - Airport Compass Rose (90 mins.)) Item 9-A
October 22, 2024
Item 9-A
October 22, 2024

9.A.m
Packet Pg. 966 Attachment: Written Comments [Revision 2] (3828 : Landmark Appeal - Airport Compass Rose (90 mins.)) Item 9-A
October 22, 2024
Item 9-A
October 22, 2024

9.A.m
Packet Pg. 967 Attachment: Written Comments [Revision 2] (3828 : Landmark Appeal - Airport Compass Rose (90 mins.)) 1 David Yakobson
From: Ben <[email protected]>
Sent: Tuesday, October 22, 2024 10:34 AM
To: councilmtgitems; Clerk Mailbox
Cc: Stephanie Reich; Amber Richane
Subject: SMO: SMCC Meeting Item 9A 10-22-24 -- Appellant Statement -- Appeal of Landmark Commission Decision to Designate the Compass Rose as a City Landmark Attachments: Compass Rose Appeal -- Appellant Statement 10_22_2024 v1.pdf

EXTERNAL
Dear Santa Monica City Clerk,
Attached is my written statement for the Santa Monica City Council Meeting Item 9A on October 22, 2024 related to my appeal of the Landmark Commission decision to designate the compass rose at SMO as a City landmark.

Please do not compress the PDF. This will help ensure that the PDF resolution is maintained at the highest quality possible.

Thank you,
Ben
Item 9-A
October 22, 2024
Item 9-A
October 22, 2024

9.A.m
Packet Pg. 968 Attachment: Written Comments [Revision 2] (3828 : Landmark Appeal - Airport Compass Rose (90 mins.)) To: Santa Monica City Council Date: October 22, 2024
Email: [email protected] Landmark Appeal: 19ENT-0353 RE: Appellant Statement – Appeal of Landmark Commission Decision to Designate the Compass Rose as a City Landmark (Item 9A on 10-22-2024) Dear Santa Monica City Council:

I am the appellant in the above referenced matter and I support the Compass Rose designation as a landmark honoring the accomplishments of women in aviation, including Amelia Earhart, Wilma Fritschey, Pancho Barnes, and other members of the 99's.

The appeals process, including today’s Administrative Hearing on 10-22-2024, preserves the authority and requirement that City Council regulate SMO, per the Measure LC Charter Amendment. The previous findings and conclusions of the Landmarks Commission, Airport Commission, and Staff are also respectfully acknowledged.

I kindly request the City Council also clarify or correct a few outstanding details on the record during today’s hearing.

1. Correct Government Records (Wrong Parcel Number): The applicant identified the landmark to be on Parcel Number 4272-026-902, and this is currently how it appears in government records. The correct Parcel Number should be 4272-016-903 and 4272-015-900. Please see Exhibit 1 and 2.

2. Confirm if the Landmark Designation has Any Impact on the Schedule of Resolution 11026 and the SM Airport Conversion Project: Please “ensure that SMO will cease to operate as an airport and shall be closed to all aeronautical use forever effective as of midnight on December 31, 2028” per Resolution 11026, or identify any potential schedule impacts. Please identify any potential schedule impacts or confirm the Airport Conversion Project will not be delayed by this landmark designation.

3. Clarify if the Compass Rose can Potentially be Relocated: The Landmark Commission found the Compass Rose has been relocated over time and the “current location is not necessarily historic.” Can it be moved or re-painted if necessary to align with future park plans? For example, could it be moved to where the Museum of Flying is if it was determined to be the best location for it?

4. Obtain Written Approval for the City’s Legal Use of the Trademarked Symbol: Ninety-Nines, Inc., a Delaware Corporation located in Oklahoma, is the legal owner and licensor of the trademark. The Los Angeles 99s is only a chapter of the Southwest Section of the Ninety-Nines® International Organization of Women Pilots® and is likely a licensee of the trademark. To ensure proper use of the symbol and to avoid litigation the City is encouraged to obtain written approval from the trademark owner. Please see Exhibit 3.

Lastly, please (a) help make the landmark accessible to the public as soon as possible, and (b) direct the City to explore grants from the National Park Service Historic Preservation Fund to protect the land and to support the future Great Park.

Thank you for your attention to this matter.

Sincerely,
Ben Wang
Item 9-A
October 22, 2024
Item 9-A
October 22, 2024

9.A.m
Packet Pg. 969 Attachment: Written Comments [Revision 2] (3828 : Landmark Appeal - Airport Compass Rose (90 mins.)) Exhibit 1
The Compass Rose is identified on the wrong Parcel Number.

The Landmark Designation Application lists the Compass Rose on the wrong Parcel Number.

Item 9-A
October 22, 2024
Item 9-A
October 22, 2024

9.A.m
Packet Pg. 970 Attachment: Written Comments [Revision 2] (3828 : Landmark Appeal - Airport Compass Rose (90 mins.)) Exhibit 2
The Compass Rose landmark location should be corrected
to currently be on Parcel Number 4272-016-903 and 4272-015-900.

Item 9-A
October 22, 2024
Item 9-A
October 22, 2024

9.A.m
Packet Pg. 971 Attachment: Written Comments [Revision 2] (3828 : Landmark Appeal - Airport Compass Rose (90 mins.)) Exhibit 3
The Trademarked Compass Rose of the Ninety-Nines, Inc. (16-Points).

The Trademarked Compass Rose of the Ninety-Nines at HBZ Airport in the 2020’s (16-Points).

The compass rose at SMO Airport in the 2010’s (12-Points).

Item 9-A
October 22, 2024
Item 9-A
October 22, 2024

9.A.m
Packet Pg. 972 Attachment: Written Comments [Revision 2] (3828 : Landmark Appeal - Airport Compass Rose (90 mins.)) Item 9-A
October 22, 2024
Item 9-A
October 22, 2024

9.A.m
Packet Pg. 973 Attachment: Written Comments [Revision 2] (3828 : Landmark Appeal - Airport Compass Rose (90 mins.)) 2 David Yakobson
From: Kaitlin Drisko <[email protected]>
Sent: Tuesday, October 22, 2024 10:08 AM
To: councilmtgitems
Cc: Mario Fonda Bonardi; Carol Lemlein
Subject: Agenda Item 9-A Compass Rose
Attachments: 2024_10-22 Compass Rose Support.pdf

EXTERNAL
Dear Mayor Brock, Mayor Pro Tem Negrete and Council Members, Attached please find our letter of support for the Compass Rose Sincerely,
Kaitlin Drisko
ExecuƟve Director
Santa Monica Conservancy
Email: [email protected]
Mobile: 310.948.5311

Item 9-A
October 22, 2024
Item 9-A
October 22, 2024

9.A.m
Packet Pg. 974 Attachment: Written Comments [Revision 2] (3828 : Landmark Appeal - Airport Compass Rose (90 mins.)) October 22, 2024
Mayor Brock, Mayor Pro Tem Negrete and Council Members, The Board of the Santa Monica Conservancy enthusiastically supported the designation of the Compass Rose at 3223 Donald Douglas Loop in 2019 and urges you to deny the appeal of that decision by confirming the designation at today’s Council meeting.

Clover Field – the Santa Monica Airport – was the starting point of the first National Women’s Air Derby in 1929, the first major transcontinental air race for women pilots. The success of the air race led to the formation of the 99s, an organization of women pilots formed to encourage and support women in aviation.

While the Compass Rose, as a painting on the surface of the runway, is an unusual landmark, it is, nonetheless, an important symbol of the important role the Santa Monica Airport and the formation of the 99s played in the history of women in aviation. As such, it qualifies for designation under Criterion 1 in the Santa Monica Landmark Ordinance: It exemplifies, symbolizes, or manifests elements of the cultural, social, economic, political or architectural history of the City.

It is also emblematic of the early air marking program with which the Ninety-Nines were closely associated. Sometimes it is easy to overlook the importance of air marking – placing signs visible from the air along routes indicating locations, particularly of airports – in aviation before the development of radar before and during World War II.

This Compass Rose is significant because it has 12 points, unlike the 8 or 16 points usually associated with a compass used for navigation on the ground. This is because the compass rose has a second purpose, that of supporting the alignment of the directional gyroscope on board the airplane in 30- degree increments. This important aspect of a compass rose used in aviation applications was misunderstood by the appellant.

Finally, since the Compass Rose is a painted object, it can be moved, relocated and repositioned to align with any change of use of the surrounding airport land with a Certificate of Appropriateness from the Landmarks Commission.

In sum, we encourage your support of the designation of the 99s’ Compass Rose as an important symbol of the important role the Santa Monica Airport and the formation of the 99s played in the history of women in aviation.

Sincerely,
Mario Fonda-Bonardi, President
Santa Monica Conservancy Board of Directors
Item 9-A
October 22, 2024
Item 9-A
October 22, 2024

9.A.m
Packet Pg. 975 Attachment: Written Comments [Revision 2] (3828 : Landmark Appeal - Airport Compass Rose (90 mins.)) 1 David Yakobson
From: Laurice Churchill <[email protected]>
Sent: Monday, October 21, 2024 5:00 PM
To: councilmtgitems; Gleam Davis; Phil Brock; Christine Parra; Oscar de la Torre; Lana Negrete; Caroline Torosis; Jesse Zwick
Cc: LA 99s
Subject: Compass Rose - Uphold the Landmark Commission's Decision

EXTERNAL

VIA EMAIL
[email protected]
[email protected]
[email protected]
[email protected]
[email protected]
[email protected]
[email protected]
[email protected]
[email protected]
Santa Monica City Council
1685 Main Street, Room 209
Santa Monica, CA 90401
Date: October 22, 2024
Re: Compass Rose - Uphold the Landmark Commission's Decision Dear Councilmembers:

Few things are as historically significant as preserving Amelia Earhart’s connection to Santa Monica. Her remarkable contributions, along with those of other pioneering women, are an integral part of the city's rich history. Unfortunately, these contributions are not widely reflected in Santa Monica’s landmarks. Designating the Compass Rose offers a meaningful opportunity to begin addressing this imbalance. As the last remaining symbol of the 1929 All-Women’s Air Derby, the Compass Rose is unquestionably deserving of landmark status.

I am honored to join the Santa Monica based LA99s in asking for your support to uphold the designation of the Compass Rose as a Santa Monica Landmark.

Respectfully,
Laurice Churchill
Chair
Item 9-A
October 22, 2024
Item 9-A
October 22, 2024

9.A.m
Packet Pg. 976 Attachment: Written Comments [Revision 2] (3828 : Landmark Appeal - Airport Compass Rose (90 mins.)) 2 Long Beach Chapter of the Ninety-Nines
Item 9-A
October 22, 2024
Item 9-A
October 22, 2024

9.A.m
Packet Pg. 977 Attachment: Written Comments [Revision 2] (3828 : Landmark Appeal - Airport Compass Rose (90 mins.)) 1 David Yakobson
From: Alison Paul <[email protected]>
Sent: Monday, October 21, 2024 4:57 PM
To: councilmtgitems
Subject: Compass Rose support

EXTERNAL
Dear Council members,
I support the Compass Rose, to continue, as a historical landmark at the Santa Monica airport. Amelia Earhart and the "99" are inspirations and role models for people today, as well as in the past. Men as well as women can be proud of their legacies/accomplishments. It would be foolish, as well as shortsighted to cast a blind eye to their groundbreaking legacies. You are lucky to have this heritage and to advertise it.

Best Regards,
Alison Paul
Retired Faculty/Veterans Counselor
Hartnell College
Salinas, CA
[email protected]
831-247-0748
Item 9-A
October 22, 2024
Item 9-A
October 22, 2024

9.A.m
Packet Pg. 978 Attachment: Written Comments [Revision 2] (3828 : Landmark Appeal - Airport Compass Rose (90 mins.)) 1 David Yakobson
From: Daniel Cascaddan <[email protected]>
Sent: Sunday, October 20, 2024 4:59 PM
To: councilmtgitems; Gleam Davis; Phil Brock; Christine Parra; Oscar de la Torre; Lana Negrete; Caroline Torosis; Caroline Torosis; Jesse Zwick Cc: [email protected]; Sacramento Valley 99s; [email protected] Subject: Compass Rose - Uphold the Landmark Commissions Decision Importance: High

EXTERNAL
Daniel S. E. Cascaddan, MPA
4908 Heatherdale Lane
Carmichael, CA 95608-3524
[email protected]
October 20, 2024
Santa Monica City Council
1685 Main Street, Room 209
Santa Monica, CA 90401
Re: October 22, 2024
Compass Rose - Uphold the Landmark Commission’s Decision Dear Councilmembers:

Designating the Compass Rose offers a meaningful opportunity to begin addressing this imbalance. As the last remaining symbol of the 1929 All-Women’s Air Derby, the Compass Rose is unquestionably deserving of landmark status.

I deeply hope that you will consider the importance of history and heritage of our society and remember that these things which signify important aspects of our past are essential to any hopes that we have for the future. Thank you for your consideration
I am honored to join the Santa Monica based LA99s in asking for your support to uphold the designation of the Compass Rose as a Santa Monica Landmark.

Daniel S. E. Cascaddan
Affiliate Professor of Political Science
Item 9-A
October 22, 2024
Item 9-A
October 22, 2024

9.A.m
Packet Pg. 979 Attachment: Written Comments [Revision 2] (3828 : Landmark Appeal - Airport Compass Rose (90 mins.)) 2 Social Scientist/Pilot
former US Navy PACE Professor (NAG combat pay)
Faculty Advisor, Campus Science Fiction Club
Parent-child Model Rocketry Instructor
FCC amateur radio license KN6TRH
Item 9-A
October 22, 2024
Item 9-A
October 22, 2024

9.A.m
Packet Pg. 980 Attachment: Written Comments [Revision 2] (3828 : Landmark Appeal - Airport Compass Rose (90 mins.)) 3 David Yakobson
From: Annamarie Buonocore <[email protected]> Sent: Wednesday, October 16, 2024 2:04 PM
To: councilmtgitems
Subject: Compass Rose Landmark

EXTERNAL
--
Annamarie Buonocore
Associate Publisher, In Flight Publishing
Mobile: 650-504-8549
Office: 650-358-9908
Fax: 650-358-9254
My Biz Card: https://inphone.co/inflight
To help protect your privacy, Microsoft Office prevented automatic download of this picture from the Internet.

This email and any files transmitted with it are confidential and intended solely for the use of the individual or entity to whom they are addressed. If you have received this email in error, please notify the sender. This message contains confidential information and is intended only for the individual named. If you are not the named addressee, you should not disseminate, distribute, or copy this email.

Please notify the sender immediately by email if you have received this email by mistake, and delete this email from your system. If you are not the intended recipient, you are notified that disclosing, copying, distributing, or taking any action in reliance on the contents of this information is strictly prohibited.

Item 9-A
October 22, 2024
Item 9-A
October 22, 2024

9.A.m
Packet Pg. 981 Attachment: Written Comments [Revision 2] (3828 : Landmark Appeal - Airport Compass Rose (90 mins.)) 4 David Yakobson
From: Cindy Gablin <[email protected]>
Sent: Wednesday, October 16, 2024 9:19 AM
To: councilmtgitems; Gleam Davis; Phil Brock; Christine Parra; Oscar de la Torre; Lana Negrete; Caroline Torosis; Caroline Torosis; Jesse Zwick Subject: Public Comment for SMO Compass Rose Historical Landmark Discussion @ 10-22 -24 Council Meeting
Attachments: Compass Rose at Santa Monica Airport.pdf

EXTERNAL
Dear Councilmembers,
Please consider my public comment (aƩached) to uphold the Landmark Commissions Decision and keep the Compass Rose at Santa Monica Airport a Historical Landmark.

Sincerely,
Cindy Gablin
Pilot and Secretary of the Redlands Airport AssociaƟon
Item 9-A
October 22, 2024
Item 9-A
October 22, 2024

9.A.m
Packet Pg. 982 Attachment: Written Comments [Revision 2] (3828 : Landmark Appeal - Airport Compass Rose (90 mins.)) Item 9-A
October 22, 2024
Item 9-A
October 22, 2024

9.A.m
Packet Pg. 983 Attachment: Written Comments [Revision 2] (3828 : Landmark Appeal - Airport Compass Rose (90 mins.)) 5 David Yakobson
From: Redlands Airport Association <[email protected]> Sent: Tuesday, October 15, 2024 12:15 PM
To: Jesse Zwick; councilmtgitems; Gleam Davis; Phil Brock; Christine Parra; Oscar de la Torre; Lana Negrete; Caroline Torosis
Subject: Public Comment for SMO Compass Rose Historical Landmark Discussion @ 10-22 -24 Council Meeting
Attachments: SMO Compass Rose Letter.pdf

EXTERNAL
Greetings,
Please consider my attached comments for the SMO Compass Rose Historical Landmark discussion scheduled for the 10-22-2024 Santa Monica City Council meeting.

Thanks
Ted Gablin
President, Redlands Airport Association
Chapter of California Pilots Association
Item 9-A
October 22, 2024
Item 9-A
October 22, 2024

9.A.m
Packet Pg. 984 Attachment: Written Comments [Revision 2] (3828 : Landmark Appeal - Airport Compass Rose (90 mins.)) Chapter of California Pilots Association
1745 Sessums Dr. Ste. 1
Redlands CA. 92374-1907
1 October 15, 2024
Santa Monica City Council
1685 Main Street, Room 209
Santa Monica, CA 90401
Re: 10-22-2024 Agenda Item – SMO Compass Rose - Uphold the Landmark Commissions Decision Dear Councilmembers:

Few things are as historically significant as preserving Amelia Earhart’s connection to Santa Monica and Santa Monica Airport (SMO) . Her remarkable contributions, along with those of other pioneering women, are an integral part of the city's rich history. Unfortunately, these contributions are not widely reflected in Santa Monica’s landmarks. Maintaining the SMO Compass Rose Historical Landmark designation offers a meaningful opportunity to begin addressing this imbalance. As the last remaining symbol of the 1929 All-Women’s Air Derby, the SMO Compass Rose is unquestionably deserving of landmark status.

We are honored to join the Santa Monica based LA99s in asking for your support to uphold the designation of the Compass Rose as a Santa Monica Landmark.

Sincerely,
Ted Gablin
President, Redlands Airport Association
Chapter of California Pilots Association
Item 9-A
October 22, 2024
Item 9-A
October 22, 2024

9.A.m
Packet Pg. 985 Attachment: Written Comments [Revision 2] (3828 : Landmark Appeal - Airport Compass Rose (90 mins.)) 6 David Yakobson
From: ingrid biglow <[email protected]>
Sent: Monday, October 14, 2024 6:42 PM
To: councilmtgitems
Subject: Oct 22, Compass Rose/Women Pilots

EXTERNAL
Dear Council Members:

We wish to support and honor the women pilots symbolizing the Compass Rose logo at your airport. You may individually reconcile the impact women pilots contribute in aviation of today and for that our future, of all pilots in the aviation industries. We also wish to honor Amelia Earhart, a hero for many women. Her legacy rests upon the beautiful Compass Rose at the Santa Monica airport.

Please vote to respect, and to honor, a legacy, of women pilots, by maintaining this notable landmark intact,
the Amelia Earhart Compass Rose.

Thank you!
Respectfully yours,
Redlands Airport Association member
Former Airport Advisory Board Chair
Ingrid Biglow
Item 9-A
October 22, 2024
Item 9-A
October 22, 2024

9.A.m
Packet Pg. 986 Attachment: Written Comments [Revision 2] (3828 : Landmark Appeal - Airport Compass Rose (90 mins.)) 7 David Yakobson
From: [email protected]
Sent: Monday, October 14, 2024 1:18 PM
To: councilmtgitems; Gleam Davis; Phil Brock; Christine Parra; Oscar de la Torre; Lana Negrete; Caroline Torosis; Jesse Zwick
Cc: [email protected]
Subject: Compass Rose - Uphold the Landmark Commissions Decision

EXTERNAL
Santa Monica City Council
1685 Main Street, Room 209
Santa Monica, CA 90401
Re: October 22, 2024
Compass Rose - Uphold the Landmark Commissions Decision Dear Councilmembers:

Designating the Compass Rose oƯers a meaningful opportunity to begin addressing this imbalance. As the last remaining symbol of the 1929 All-Women’s Air Derby, the Compass Rose is unquestionably deserving of landmark status.

I became a member of the Los Angeles 99s in February, 1987. I was active in the chapter flying out of Santa Monica airport and participating in the Back to Basics Air Race and a variety of fly ins, until I moved to Seattle, WA, in January, 1995. I am now a member of the Long Beach 99s, after they absorbed the few remaining long-lasting members of the Los Angeles 99s. I was part of the membership that painted the Santa Monica Compass Rose as a Los Angeles Chapter activity.

I am honored to join the Santa Monica based LA99s in asking for your support to uphold the designation of the Compass Rose as a Santa Monica Landmark.

Thank you for continuing this long standing airport designation.

Regards,
Alison Fast
[email protected]
(206) 533-9883 home (No texts to this number)
(206) 715-5005 cell
Item 9-A
October 22, 2024
Item 9-A
October 22, 2024

9.A.m
Packet Pg. 987 Attachment: Written Comments [Revision 2] (3828 : Landmark Appeal - Airport Compass Rose (90 mins.)) 8 David Yakobson
From: Drew McCoy <[email protected]>
Sent: Monday, October 14, 2024 10:52 AM
To: councilmtgitems; Gleam Davis; Phil Brock; Christine Parra; [email protected]; [email protected]; [email protected]; Oscar de la Torre Subject: 10/22/24 Compass Rose - Support to Uphold the Landmark Commissions Decision

EXTERNAL
Dear Councilmembers:

I am writing to support the Landmark Commission’s Designation of the Compass Rose as a Santa Monica Landmark.

The aviation industry played a significant role in the growth and development of Santa Monica in the early 20th century. Early aviators were drawn to the Santa Monica Airport after the Douglas Aircraft Company moved to the Santa Monica Airport in 1929. Among those legendary aviators were women flyers including Amelia Earhart, Pancho Barnes, Bobbi Trout, Blanche Noyes and Phoebe Omlie. These brave women are some of the most underrecognized aviators in history. The Santa Monica Airport is where the first Women’s Air Derby started in 1929, an event which had an indisputable impact on the future of women in aviation.

I am a private pilot and a member of a flying club with fellow members active in the LA99s. Aviation has long been dominated by men, however it is a fantastic career field for women and they should be exposed to the field and encouraged to pursue those careers.

I am therefore honored to join the LA99s and groups and individuals who support the designation of the Compass Rose as a Santa Monica Landmark.

Drew McCoy
Item 9-A
October 22, 2024
Item 9-A
October 22, 2024

9.A.m
Packet Pg. 988 Attachment: Written Comments [Revision 2] (3828 : Landmark Appeal - Airport Compass Rose (90 mins.)) 9 David Yakobson
From: [email protected]
Sent: Monday, October 14, 2024 10:05 AM
To: Gleam Davis; Phil Brock; Christine Parra; Oscar de la Torre; Lana Negrete; Caroline Torosis; Caroline Torosis; Jesse Zwick; councilmtgitems Subject: Compass Rose at SMO

EXTERNAL
Santa Monica City Council
1685 Main Street, Room 209
Santa Monica, CA 90401
Re: October 22, 2024
Compass Rose - Uphold the Landmark Commissions Decision Dear Council members:

Few things are as historically significant as preserving Amelia Earhart’s connection to Santa Monica.

Her remarkable contributions, along with those of other pioneering women, are an integral part of the city's rich history. Unfortunately, these contributions are not widely reflected in Santa Monica’s landmarks. Designating the Compass Rose offers a meaningful opportunity to begin addressing this imbalance. As the last remaining symbol of the 1929 All-Women’s Air Derby, the Compass Rose is unquestionably deserving of landmark status.

I have been a plane owner and supporter of the Santa Monica Airport for almost 60 years. I consider it a most vital airport for the safety and recovery of any and all of the Westside of Los Angeles County in the event of a major catastrophic event. The Compass Rose is a major element of the Santa Monica Airport and deserving of landmark status as should be the entire Santa Monica Airport because of it's rich aviation history.

I am honored to join the Santa Monica based LA99s in asking for your support to uphold the designation of the Compass Rose as a Santa Monica Landmark.

Item 9-A
October 22, 2024
Item 9-A
October 22, 2024

9.A.m
Packet Pg. 989 Attachment: Written Comments [Revision 2] (3828 : Landmark Appeal - Airport Compass Rose (90 mins.)) 10 Patricia Quinn DeFrain
Former aircraft owner
Name
Item 9-A
October 22, 2024
Item 9-A
October 22, 2024

9.A.m
Packet Pg. 990 Attachment: Written Comments [Revision 2] (3828 : Landmark Appeal - Airport Compass Rose (90 mins.)) City Council
Report
City Council Meeting: October 22, 2024
Agenda Item: 10.A
1 of 22
To: Mayor and City Council
From: David Martin, Director, Administration
Subject: Introduction and First Reading of an Interim Zoning Ordinance to Promote Economic Recovery by Increasing Flexibility and Streamlined Approvals in the Downtown and Establishing a Pilot Program for Exclusively Outdoor Commercial Uses in the Office Campus District and Introduction and Adoption of an Emergency Ordinance Amending the Sign Code to Increase Flexibility for Signage in the Bayside Conservation District and the Third Street Promenade Area
Recommended Action
Staff recommends that the City Council:

1. Adopt a finding of Categorical Exemption pursuant to Sections 15301 (Existing Facilities, 15303 (New Construction or Conversion of Small Structures), and 15311 (Accessory Structures) of the California Environmental Quality Act (CEQA) Guidelines.

2. Introduction for first reading an Interim Zoning Ordinance Amending Interim Zoning Regulations Established by Interim Zoning Ordinance Number 2754 (CCS) and Amended and Extended by Interim Zoning Ordinance Number 2761 (CCS) to Promote Economic Recovery by Increasing Flexibility in the City’s Downtown Area, Establishing a Pilot Program to Allow Exclusively Commercial Outdoor Uses in the Office Campus District, and Providing Other Minor and Clerical Amendments.

3. Introduction and Adoption of an Emergency Ordinance Amending Santa Monica Municipal Code Chapter 9.61: Signs to Increase Flexibility for Signage in the Bayside Conservation District and Third Street Promenade Area, and Make other Minor Changes to Promote Economic Recovery, Public Safety and Welfare.

Summary
On July 25, 2023, Council adopted Interim Zoning Ordinance (“IZO”) Number 2754 (CCS) establishing interim zoning regulations promoting economic recovery in the City’s Downtown, including the Third Street Promenade Area and Santa Monica Place, and

10.A
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also included minor clerical amendments further supporting economic recovery. On September 26, 2023, the Council introduced for first reading Interim Zoning Ordinance Number 2761 (CCS), which was adopted on October 10, 2023, extending and amending the IZO that is effective through November 22, 2028.

The Interim Zoning Ordinance included zoning changes supporting a variety of potential commercial uses within the Downtown. These changes focused on enabling certain outdoor uses and providing a streamlined review for alcohol permits. In summary, the interim zoning changes focused on:
1) Allowing outdoor rooftop commercial uses on Public Parking Structures owned by the City;
2) Allowing greater flexibility for restaurants that provide entertainment within the Third Street Promenade Area and Santa Monica Place;
3) Expanding Alcohol Exemption (AE) permits to additional uses to further streamline the review of alcohol permits while also correcting and refining existing AE permit conditions; and
4) Allowing the Director of Planning to consider commercial uses that are not clearly in the Zoning Code; and
5) Allowing a longer term for Temporary Use Permits.

Consistent with the Council’s continued support of local businesses and to promote economic recovery efforts within the Downtown and Third Street Promenade Area, staff proposes this next phase of zoning changes that further simplify the review process for new businesses and relaxes sign code limitations to encourage the use of creative signs and to enhance overall business promotion on the Promenade. DTSM and the business community are in support of these amendments and believe these zoning changes are critical in providing greater certainty and predictability for property owners and their existing tenants, along with prospective businesses considering locations within the Promenade area.

Further, the program that has allowed outdoor commercial uses on private property has enabled many businesses to remain in operation and has supported the opening of new

10.A
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businesses in the City. There have been 23 outdoor space permit applications (8 approved), and most are close to obtaining permits. In making this pandemic-era program permanent, Council gave additional direction to explore allowing exclusively outdoor uses on private property. The zoning ordinance requires that uses occur primarily indoors so allowing exclusively outdoor uses that are not associated with the primary business on a property would require further study due to the potential for impacts on adjacent sensitive uses. Since the Outdoor Space Program’s adoption, the City has not received any interest from businesses to operate exclusively outdoors until recently. This interim zoning ordinance brings forward a pilot program limited only to the Office Campus zoning district, that would allow exclusively outdoor uses such as open-air markets to locate on private property, subject to meeting certain conditions.

The proposed land use amendments in the Bayside Conservation District are based on recent inquiries from prospective businesses considering available tenant space within the Promenade and surrounding area. Staff has also received recent inquiries asking for guidance on whether larger signage proposals and on-premises digital signage would comply with the current Sign Code, which has historically been conservative by restricting signage size and prohibiting all animated signs. Based on feedback from the business community on further streamlining land use review while also providing additional flexibility in business sign allowances, the proposed zoning changes are consistent with Council’s priority of economic recovery in the Downtown and with tenanting vacant spaces on the Promenade. The proposed amendments to Interim Zoning Ordinance No. 2761 and Emergency Ordinance amending the Sign Code includes the following changes:
• Maximize Flexibility for Downtown Uses
o Relax limitations on permitted non-residential land uses within the Third Street Promenade Area, including
▪ Removing restrictions on game arcades; and
▪ Simplify review for larger sized restaurants in the Wilshire Transition and Lincoln Transition zone
▪ Allow large-scale commercial entertainment and recreation on Cityowned property

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o Expand Alcohol Exemption to both sides of 2nd and 4th Streets • Authorize Special Exceptions to the Sign Code for establishments with frontage on the Third Street Promenade:
o Allow a substantial increase in permitted, non-animated signage; and o Allow for animated signage within a certain portion of the storefront facade, including:
▪ Digital display screens;
▪ 3D signs.
o Allow longer timeframes for temporary commercial signage • Exempt signs authorized through City-license agreements (i.e. on public property) and through Temporary Use Permits (for the duration of the temporary use)
• Evolution of the Outdoor Commercial Uses on Private Property Program to allow exclusively outdoor uses on private property in the Office Campus (OC) District, subject to specific standards and regulations.

Except for the proposed Sign Code amendments, the above amendments are proposed through an amendment to Interim Zoning Ordinance No. 2761. The amendment to the IZO will maintain the same expiration date of November 22, 2028, unless codified by the City Council. Because the Sign Code (Chapter 9.61) is not a part of the comprehensive Zoning Ordinance, the Sign Code amendments will be processed separately through an Emergency Ordinance, which will take effect immediately upon adoption.

Discussion
The subject Interim Zoning Ordinance and Emergency Ordinance reflects staff’s ongoing evaluation and simplification of zoning and sign requirements to provide greater flexibility and streamlined review for new potential businesses within the Downtown and specifically the Third Street Promenade Area. Below is a summary of the proposed

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amendments. Zoning and Sign Ordinance text reflecting such amendments is provided in Attachment A in redline (strikeout/underline) form.

Eliminated Discretionary Process for Land Uses within the Bayside Conservation District
In order to provide more flexibility in re-tenanting vacant spaces in the Bayside Conservation (BC) District, staff reviewed the permit requirements for each listed land use. As a general approach, nearly all discretionary permits are being converted to permitted uses meaning that land uses will be permitted without any public hearing and without conditions within the BC District Third Street Promenade Area, defined as the area bounded by 2nd Street on both sides, Broadway to the south, 4th Street on both sides, and Wilshire Boulevard to the north.

Certain land uses are permitted and only require a discretionary approval based on size of tenant space. Staff targeted these land uses and removed any size limitation that result in a discretionary requirement. Discretionary requirements are maintained for certain uses that typically result in an impact to surrounding uses, such as bed and breakfasts, hotels and motels, parking lots, and animal care, sales, and services.

The following is a summary of key changes:
• Remove all discretionary actions for the Third Street Promenade Area; • Remove discretionary actions for alcohol related uses along 2nd and 4th Streets (e.g. bars/nightclubs/lounges and liquor stores).

Land Use Designation Previous Regulation Proposed Regulation Grooming and Pet Stores Linear Frontage and Size
Maximum Permitted, By-Right
New Automobile/Vehicle Sales and
Leasing
Linear Frontage and Size
Maximum Permitted, By-Right
Banks and Credit Unions Prohibited Permitted, By-Right
Cinemas and Theaters Conditional Use Permit Permitted, By-Right Convention and Conference
Centers Conditional Use Permit Permitted, By-Right
Large-Scale Commercial Facility Linear Frontage Permitted, By-Right

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Land Use Designation Previous Regulation Proposed Regulation Maximum
Small-Scale Commercial Facility Linear Frontage and Size Maximum Permitted, By-Right
Bars/Nightclubs/Lounges Conditional Use Permit Permitted, By-Right Foodhall Conditional Use Permit Permitted, By-Right
Convenience Market Linear Frontage and Size
Maximum Permitted, By-Right
General Market Size Maximum Permitted, By-Right
Liquor Stores Conditional Use Permit Permitted, By-Right Instructional Services Linear Frontage and Size
Maximum Permitted, By-Right
Bed and Breakfast Conditional Use Permit Permitted, By-Right Hotels and Motels Conditional Use Permit Permitted, By-Right Nurseries and Gardens Linear Frontage and Size
Maximum Permitted, By-Right
Outdoor Newsstands Minor Use Permit Permitted, By-Right General Personal Services Linear Frontage and Size
Maximum Permitted, By-Right
Physical Training Linear Frontage and Size
Maximum Permitted, By-Right
Small-Scale Retail (Up to 25,000
SF)
Linear Frontage and Size
Maximum Permitted, By-Right
Medium-Scale Retail (25,000 –
80,000 SF) Conditional Use Permit Permitted, By-Right
Larger-Sized Restaurants Permitted By-Right in the Wilshire Transition (WT) and Lincoln Transition (LT) Zone
Currently, restaurants over 5,000 sf require a Conditional Use Permit in the Wilshire Transition and Lincoln Transition Zone. These zones represent the edges of the Downtown area and have adjacency to existing residential uses. Conditional Use Permits are intended to authorize permitted uses with conditions to mitigate potential impacts.

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Figure 1: Map of WT and LT zones
The existing conditions for parcels in the WT zone along Wilshire Boulevard are different from the LT zone along Lincoln Boulevard in that parcels along Wilshire tend to be on sites that are built out or have ground floor tenant spaces integrated into a new or existing building. In those instances, there is a natural buffer between the ground floor tenant space facing Wilshire and the residential uses to the north.

Parcels along Lincoln Boulevard generally contain standalone buildings with some surface parking and residential uses are across an alley. This increases the possibility of impacts on adjacent residential uses from restaurant back-of-house operations in addition to potential noise and traffic impacts from customers.

As a result, some loosening of the restrictions for larger restaurants in the WT zone and the west side of the LT zone is warranted as a CUP may not be appropriate when restaurants may already have a natural buffer of an existing building and in the case of

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the west side of the LT zone, is along a busy corridor without immediate proximity to adjacent residential neighborhoods. The proposed changes to the WT Zone and the west side of the LT Zone are summarized as follows:
• WT Zone: Allow restaurants up to 7,500 sf to be a permitted use as long as the restaurant is located at least 75 feet from a residential use and district • LT Zone (West Side): Allow restaurants of any size to be permitted Restaurants over 5,000 sf on the East side of the LT Zone would continue to require a Conditional Use Permit.

Allow Game Arcades in Bayside Conservation (BC) District Staff has received recent interest for arcade bars which offer arcade games within a bar/pub atmosphere. Arcade bars are similar to traditional bars, however with a gaming arcade as the primary theme. Arcade bars would be allowed within the BC District and the proposed amendments include clarifications in removing limitations associated with traditional gaming arcades that are currently established in the Zoning Code to allow the use specifically within this area of the City. Arcade bars would be considered a bar use for the purposes of an Alcohol Exemption permit (administrative review), which is currently available for bar uses within the Third Street Promenade Area.

Expand Alcohol Exemptions to Include the Entire Bayside Conservation District As part of prior economic recovery efforts for the Third Street Promenade Area, an administrative process for alcohol service (Alcohol Exemption or “AE”) was authorized for a variety of land uses in the Third Street Promenade, Santa Monica Place, the east side of 2nd Street, and the west side of 4th Street. The expanded AE process allows a variety of businesses to be administratively approved for alcohol services. Land uses currently eligible for an alcohol exemption include the following:
• Restaurants of any size;
• Food halls;
• Bars/Nightclubs/Lounges;

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• Convenience Markets;
• Liquor Stores;
• Commercial Entertainment and Recreation;
• Retail Sales, small- and medium-scale (up to 25,000 SF).

The proposed changes will expand the AE process to the entire BC district to include both sides of 2nd and 4th Streets.

Sign Code Changes
Staff has received recent inquiries regarding allowing substantially more sign area on the Third Street Promenade and to also allow animated signage. Santa Monica’s Sign Code currently establishes strict limits on sign area and prohibits all animated signage.

Temporary signage is currently limited in area ranging from up to 16 square feet of area or 8 square feet above what would otherwise be allowed for freestanding signs and up to 100 square feet for temporary banners. Signage associated with a temporary use authorized through a Temporary Use Permit is limited to a maximum of 16 square feet.

The Sign Code includes some exceptions applicable only to the Third Street Promenade including allowing for portable signs and upper-level signs. Pursuant to SMMC Chapter 9.61:
• Upper-level Sign is defined as, “Any sign mounted on a building that is placed in whole or in part between thirty inches above the second-floor floor line and the top of a parapet or roof line, but does not include a high rise sign.” • Animated Sign is defined as, “Any sign that has any visible moving part, flashing or oscillating lights, visible mechanical movement of any description, or other apparent visible movement achieved by any means”.

The City’s sign ordinance primarily regulates commercial signage by exempting most types of noncommercial signs and prohibits off-premises signage. Regulations on commercial speech are permitted so long as (1) The speech concerns lawful activity and is not misleading; (2) the asserted government interest is substantial; and (3) the

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regulation directly advances the governmental interest asserted in a way that is not more extensive than necessary to serve the interest. (Central Hudson Gas & Elec.

Corp. v. Public Service Commission (1980) 447 U.S. 557.) Following Reed v. Town of Gilbert, the City made updates to its sign code to address the ruling in that case that sign regulations may not discriminate based on the topic to be discussed or the idea or message expressed. (Reed v. Town of Gilbert (2015) 576 U.S. 155.) Since Reed, courts have held the distinction between on-premises and off-premises signage is not a content-based distinction, but rather a valid time, place, manner distinction, as it only requires the viewer to determine whether the subject matter is located on the same property as the sign. (City of Austin, Texas v. Reagan National Advertising of Austin, LLC (2022) 596 U.S. 61, 67.) The updates the City is proposing now to the onpremises/off-premises distinction does not change the prohibition on off-premises signage and closely tracks the language in San Francisco’s sign ordinance, which was upheld by the Ninth Circuit. (Contest Promotions, LLC v. City and County of San Francisco (9th Cir. 2017) 874 F.3d 597.)
Moreover, the City has a substantial interest in allowing increased signage types on the Promenade and surrounding area in the interest of economic recovery. The City also has a substantial interest in continuing to limit these sign types elsewhere in the City, as Courts have consistently upheld aesthetics, traffic and pedestrian safety are substantial interests advanced by such regulations. (Contest Promotions, 874 F.3d at 601.) The Third Street Promenade is unique in both its function and physical layout. As an important city, regional, and internation destination with a distinct pedestrian-only environment, consideration for additional signage on the Promenade is warranted. The building facades are generally co-planar, or along parallel building facades, making business visibility challenging to pedestrians. Animated on-premises sign faces that face only the interior of the Promenade reduce the risk of traffic distraction, and are consistent with the character of the district, while allowing animated signs elsewhere in the City would contribute to blight and visual clutter.

Temporary Signs

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There has been a prevalence of both temporary “pop-up” uses and activations and requests for temporary signage to be allowed for longer on the Third Street Promenade.

This has been driven as consumer preferences have focused on experiences and entertainment and as property owners find creative ways to lease vacant spaces. In order to support the business community’s effort to revitalize the Promenade, timeframes for temporary signs and temporary signs associated with temporary events are being updated.

The changes would allow temporary signs up to one year with the possibility of a 6- month extension for each one-year period. Although this would cover all temporary commercial signs, this would also support requests from the Promenade business community to consider allowing signage that would allow businesses to advertise their opening while going through the permitting and construction process. Similarly, these new allowances for temporary signs would also support recent trends in pop-up uses that would provide property owners the full range of flexibility to activate tenant spaces either as recurring or interim uses. The table below summarizes the proposed changes.

Table 1: Summary of Changes for Temporary Signs
What’s Allowed Now What the Changes Would Do
Temporary signs for temporary
businesses or future business
openings with size limitations (but not
exceeding 100 SF) for only 60 days.

Temporary signs allowed for up to 1 year
with one possible 6-month extension for
each 1-year period.

Permitted Non-Animated Signs
The Sign Code permits commercial signs but limits their size largely based on the length of the business frontage. Limiting overall sign area and letter height has presented barriers to creative sign proposals particularly if businesses want to open flagship locations on the Promenade.

The proposed Sign Code changes would not place any restriction on sign area for signs facing the Third Street Promenade. Signs covering windows that serve an occupied tenant space would be required to be 50% visually transparent. On October 10, 2024,

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the proposed changes were presented to the DTSM Board who expressed support. A question was asked about whether the 50% visual transparency requirement would be applied to high-volume single-story tenant spaces. In response, there is a provision that signs on glazing (i.e. glass surfaces that are not windows serving an occupied tenant space) above 15 feet would not have to meet the 50% visually transparency requirement as the visual transparency at that height is not necessary for pedestrian orientation and would not impact any tenant spaces. Consistent with current provisions, signs would be allowed to project up to 42 inches from the building facade, which could project into the public right-of-way. Signs that face side streets (e.g. Broadway, Santa Monica Boulevard, Arizona, Wilshire) would still be required to comply with existing Sign Code limitations.

Table 2: Summary of Changes for Permitted Non-Animated Signs What’s Allowed Now What the Changes Would Do
Sign area limited in size to 1 square foot
of sign area for each foot of building
frontage
No limit to sign area for signs facing the
Promenade
Sign is not allowed to be placed on upper
levels with exception of banners of up to
10 square feet
No limit to sign placement for signs facing
the Promenade
Permitted Animated Signs
Animated signs have historically never been permitted on the Third Street Promenade.

However, in response to recent proposals and requests from property owners to consider allowing flexibility for more creative sign proposals, animated signs are being introduced as part of the proposed changes. Animated signs include digital signs and would only be for on-premises signage. Since digital signs would be a new permitted sign for the Promenade, staff reviewed illumination standards from other cities such as Los Angeles and Carson that allow similar signage to develop standards that would be applicable to the Promenade. Further, the basis of lighting standards is based on the California Energy Code for Lighting Zones 1-4. Lighting Zones (LZs) are defined by the CEC, with LZ1 applying to areas of low ambient lighting and LZ4 applying to areas of high ambient lighting. Within each Lighting Zone, there is a different limit on light

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trespass. All urban areas are designated LZ3 as default under the California Energy Code. Based on the existing conditions in the Downtown (dense urban environment with nighttime retail and entertainment), the City has used the LZ3 standards as the basis for the lighting standards for the proposed Ordinance.

The proposed Sign Code changes would allow animated signs subject to the following:
• Must face the Third Street Promenade only,
• For 1-story buildings: Allowable sign area and placement would be the area above the storefront extending the width of the frontage and up to the roofline, • For buildings that have more than 1-story:
o Allowable sign area would be the area above the storefront extending the width of the frontage and up to the second floor window sill. o The animated sign could be located anywhere on the facade so long as the allowable sign area is not exceeded. This flexibility in placement would allow more creativity in designing signage so that it does not have to only be within a rectangular box.
• Signs would be allowed to project up to 42 inches from building facades and would be measured only by the sign area facing the Promenade to allow flexibility for three-dimensional signs,
• Compliance with illumination standards including the following (compliance would be demonstrated through a required lighting study and post-installation testing):
o Limitation of 0.3 foot candles above ambient lighting at the property line; o Maximum brightness levels of 300 candelas per square meter at nighttime (sunset to sunrise) and 5,000 candelas per square meter at daytime; o The minimum requirements in the California Energy Code for Lighting Zone LZ3;
o Ability to be dimmable; and
o Project sign luminance contrast shall be less than 30 to 1 contrast ratio.

Contrast exceeding 30 to 1 are usually deemed uncomfortable; 10 to 1 are clearly visible; and less than 3 to 1 appear to be equal.

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Pilot Program for Exclusively Outdoor Uses in the Office Campus Zone On April 11, 2023, the Council adopted Ordinance Number 2741 (CCS), adding Section

9.31.199, Outdoor Commercial Uses on Private Property, to the Zoning Ordinance, which allowed eligible businesses to use available private property to expand the on-site use. During the COVID-19 pandemic, this was a program that complemented sidewalk dining and parklets and in some cases, became the only option for businesses to remain open. On March 14, 2023, when Council introduced the ordinance for first reading, Council directed staff to further explore the consideration of allowing other utilizations for underutilized privately owned lots that are not connected other brick and mortar businesses.

Consistent with that direction, and inquiries staff has received with respect to conducting open air market activities, the proposed pilot program would allow outdoor operators to conduct exclusively outdoor commercial uses on private property such including but not limited to open-air market events, such as antique markets and food markets, in the Office Campus (OC) district (see Figure 2). It should be noted that parcels that are governed by a Development Agreement within the OC district must still comply with the terms of the DA, which may restrict the ability to have outdoor uses pursuant to the proposed pilot program. To reduce the impact of these temporary events on residential districts, certain conditions are proposed that would limit their extent and location.

Proposed conditions include:
• Location: On a surface parking lot with the boundaries of the event no closer than 500’ to a residential district.
• Parking: No replacement parking is required during these temporary events, although a parking, loading, operations plan would be required to ensure the circulation is safe for attendees and surrounding areas. • Duration: Events are limited to four times per month for no more than 5 consecutive days with two days allowed for setup and cleanup before and after the event.
• Hours of Operation: 7:00AM to 11:00PM. Setup limited to no earlier than 5:00AM with all clean-up concluded by midnight. Hours can be modified through the

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Zoning Conformance Review to ensure compatibility with surrounding neighborhoods.
• Music/Noise: No amplified music or public address system shall be audible beyond the boundaries of the parcel on which the Exclusively Outdoor Commercial Use is being conducted.
• Security: Private security shall be provided during all hours that the event is open to the public.

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Figure 2: Map of Office Campus Zone
Past Council Actions
Meeting Date Description
May 12, 2020 Council adopted two Emergency Interim Zoning Ordinances establishing interim zoning regulations to support the
economic recovery of local businesses impacted by the
COVID-19 pandemic.

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

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

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

July 25, 2023 Council adopted Promenade Interim Zoning Ordinance 2754 to Promote Economic Recovery in the City’s Downtown
area, including the Third Street Promenade Area and Santa Monica Place, and Provide Other Minor and Clerical
Amendments to the Zoning Ordinance Related to Economic
Recovery.

September 26, 2023 Council adopted Interim Zoning Ordinance 2761 extending Interim Zoning Ordinance 2754 promoting economic
recovery in the City’s Downtown area, including the Third Street Promenade Area and Santa Monica Place, and
providing other minor clerical amendments to the Zoning Ordinance related to economic recovery.

Environmental Analysis
The proposed amendments to Interim Zoning Ordinance Number 2761 (CCS) promoting economic recovery in the City’s Downtown and expanding the Outdoor Space Program on private property to allow exclusively outdoor uses in the Office Campus District are categorically exempt from the provisions of the California Environmental Quality Act (CEQA) pursuant to Sections 15301, 15303, and 15311 of the CEQA Guidelines.
• Section 15301 of CEQA Guidelines provides (Class 1 Existing Facilities) exemption for the operation, repair, maintenance, permitting, or minor alteration of existing public or private structures, facilities, mechanical equipment or topographical features, involving negligible or no expansion of use beyond that existing at the time of the lead agency's determination. Projects that fall into this

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class of exemption include alterations to existing streets, sidewalks, gutter, bicycle facilities, and other similar facilities and additions of safety or health protection during for use in conjunction with existing facilities. The proposed amendments would allow for flexibility in land uses for the Downtown and associated alterations to existing commercial buildings to accommodate the proposed changes in land uses in the Downtown. The proposed amendments would allow exclusively outdoor uses to locate in the Office Campus District on existing underutilized portions of private property, subject to certain standards, as a means to continue to support economic recovery in other areas of the city. The proposed amendments would also allow for the installation of new on-premise signs, including larger signs, animated signs, and a longer term for temporary signs on the facades of existing buildings. No expansion of the existing land uses is proposed. Therefore, the proposed amendments qualify under the Class 1 exemption.
• Section 15303 of CEQA Guidelines provides (Class 3 New Construction or Conversion) exemption for the conversion of existing small structures from one use to another where only prior modifications are made to the exterior. The amendments would provide for new minor construction to accommodate the proposed changes in land uses in the Downtown. The proposed amendments would allow exclusively outdoor uses to locate in the Office Campus District on existing underutilized portions of private property, subject to certain standards, as a means to continue to support economic recovery in other areas of the city.

New signage allowed pursuant to the ordinance would be accessory structures to the commercial uses on the Third Street Promenade and Santa Monica Place.

Therefore, the proposed amendments qualify under the Class 3 exemption. • Section 15311 of CEQA Guidelines provides (Class 3 Accessory Structures) exemptions for the construction or placement of minor structures accessory to (appurtenant to) existing commercial facilities, including but not limited to onpremise signs. The amendments would provide for new on-premise signs, including larger signs, animated signs, and a longer term for temporary signs, in

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the area bound by 2nd Ct, 3rd Ct, Broadway, and Wilshire Blvd. Therefore, the proposed amendments qualify under the Class 11 exemption.

In addition, none of the exceptions specified in Section 15300.2 of CEQA Guidelines would apply that would preclude the use of these CEQA exemptions:
• The project site is not located in a sensitive environment – The project site is located in the urbanized Downtown district of Santa Monica. The project area is entire developed surrounded by commercial and residential buildings and does not contain any natural or sensitive habitats. The likelihood of the presence of any sensitive or special status species is extremely remote. No vegetation, including sensitive or riparian vegetation, would be affected by the proposed amendments.
• The project will not have a significant effect on the environment due to unusual circumstances – The proposed amendments would allow for the installation of new animated signage. Such signage is not unusual for shopping centers and commercial areas, and are common in high activity urban areas in the Los Angeles region, particularly within downtowns, shopping districts, and commercial corridors (i.e., Westfield Century City, Downtown Los Angeles, West Hollywood’s Sunset Boulevard). Under the ordinance, new animated signage must comply with the following:

1. Limitation of 0.2 foot candles above ambient lighting at the property line

2. Maximum brightness levels of 300 candelas per square meter at nighttime and 7,500 candelas per square meter at daytime.

3. The minimum requirements in the California Energy Code for Lighting Zones 1–4; Lighting Zones (LZs) are defined by the CEC, with LZ1 applying to areas of low ambient lighting and LZ4 applying to areas of high ambient lighting.

Within each Lighting Zone, there is a different limit on light trespass. All urban areas are designated LZ3 as default under the California Energy Code.

Based on the existing conditions in the Downtown (dense urban environment with nighttime retail and entertainment), the City has used the LZ3 standards as the basis for the lighting standards for the proposed Ordinance.

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4. Ability to be dimmable.

5. Project sign luminance contrast shall be less than 30 to 1 contrast ratio.

Contrast exceeding 30 to 1 are usually deemed uncomfortable; 10 to 1 are clearly visible; and less than 3 to 1 appear to be equal.

The above standards would ensure that light pollution and glare impacts are minimized in an effort to maintain dark skies and to ensure that new digital signage reduce the amount of backlight, uplight, and glare that could adversely affect nearby residential use properties on or near the Promenade and Santa Monica Place. Therefore, lighting and glare impacts from the digital signs would not create a significant effect on the environment due to unusual circumstances.
• The project would not damage scenic resources - There are no scenic resources or scenic highways on the Third Street Promenade and within Santa Monica Place. Thus, the amendments would not have impacts on scenic resources. • The project is not located on a hazardous waste site - The following hazardous material databases were checked in October 2024 for known hazardous materials contamination at SMP pursuant to Government Code Section 65962.5:
o Department of Toxic Substances Control’s (“DTSC”) Envirostor database for hazardous waste and substances sites;1
o State Water Board’s Geotracker Database for cleanup program sites, land disposal sites, leaking underground storage tank sites, military sites, permitted UST sites, oil and gas monitoring sites, and National Pollutant Discharge Elimination System sites2
o State Water Board’s list of solid waste disposal sites with waste constituents above hazardous waste levels;3
1 Department of Toxic Substances Control, Envirostor Database. Website:
https://www.envirostor.dtsc.ca.gov/public/search?basic=True; accessed November 8, 2023. 2 State Water Board Geotracker Database. Website: http://www.geotracker.waterboards.ca.gov; accessed November 8, 2023. 3 State Water Board Sites Identified with Waste Constituents above Hazardous Waste Levels Outside the Waste Management Unit, online at https://calepa.ca.gov/wp-content/uploads/sites/6/2016/10/SiteCleanup-CorteseList-CurrentList.pdf; accessed November 8, 2023

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o California Environmental Protection Agency’s Lists of active Cease and Desist Orders (“CDO”), Cleanup and Abatement Orders (“CAO”), Contaminated Solid Waste Disposal Sites.4
o The Promenade and Santa Monica Place is not listed on any hazardous material sites lists compiled pursuant to Government Code Section 65962.5. Therefore, no impacts related to hazardous waste site listing pursuant to Government Code Section 65962.5 would occur. • The project would not cause a substantial adverse change in the significance of a historical resource – The Promenade and Santa Monica Place are not listed as a City’s designated Landmark. Therefore, the proposed amendments would not result in an adverse effect on a historic resource.

Based on the above analysis, the amendments are categorically exempt per Sections 15301, 15303, and 15311 of the CEQA Guidelines.

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

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

A. CDD-Ord- Promenade IZO Amendment + Outdoor Markets 10.22.24 4 CalEPA’s List of Active CDO and CAO sites, website: http://www.calepa.ca.gov/sitecleanup/corteselist/, accessed November 8, 2023.

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B. CDD-Ord_Sign Amendments (Promenade) 10.22.24
C. Written Comments
D. PowerPoint Presentation

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1 City Council Meeting: October 22, 2024 Santa Monica, California ORDINANCE NUMBER _________ (CCS)
(City Council Series)

AN INTERIM ZONING ORDINANCE OF THE CITY COUNCIL OF THE CITY OF

SANTA MONICA AMENDING REGULATIONS ESTABLISHED BY INTERIM ZONING ORDINANCE NUMBER 2754 (CCS) EXTENDED AND AMENDED BY INTERIM ZONING ORDINANCE NUMBER 2761 (CCS) TO PROMOTE ECONOMIC
RECOVERY BY INCEREASING FLEXIBILITY IN THE CITY’S DOWNTOWN AREA,

ESTABLISHING A PILOT PROGRAM TO ALLOW EXCLUSIVELY OUTDOOR

COMMERCIAL USES IN THE OFFICE CAMPUS DISTRICT, AND PROVIDE OTHER

MINOR AND CLERICAL AMENDMENTS
WHEREAS, on July 6, 2010, the City Council adopted the Land Use and Circulation Element of the City’s General Plan (“LUCE”), which designates the proposed general distribution, location, and extent of land uses within the City; and WHEREAS, on July 25, 2017, the City Council of the City of Santa Monica (“City Council”) adopted the Downtown Community Plan (“DCP”) which sets forth the City’s vision of Downtown as a high quality, mixed-use district offering opportunities as a major public space framed by a mix of retail, restaurants, and services that form unique experiences enjoyable to both residents and visitors; and WHEREAS, the Bayside Conservation (BC) District, extending from 4th Court to the west side of 2nd Street and the south side of Wilshire Boulevard to the east side of Broadway, is located within the DCP and is considered the pedestrian and economic heart of the City; and
WHEREAS, the DCP contemplates that the BC District will continue as a lively mix of pedestrian-oriented uses with dynamic activity day and night and promote a 17 hour/7 day active district, with land use regulations that support a diversity of entertainment and

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Packet Pg. 1013 Attachment: CDD-Ord- Promenade IZO Amendment + Outdoor Markets 10.22.24 [Revision 1] (6556 : Third Street Promenade Economic 2 cultural options, in particular the addition of cultural amenities such as museums, theaters and cinemas; and
WHEREAS, the DCP supports activities that enrich the Promenade, located within the BC District, including street performances and events that enliven the street and provide memorable experiences for visitors, while also seeking to expand cultural opportunities, including live music venues and upgraded state-of-the art cinemas; and WHEREAS, the DCP acknowledges that the Promenade is an essential component of the Downtown’s economic sustainability and emphasizes the importance of reevaluating and refreshing the Promenade so that it remains attractive and exciting to residents and visitors alike; and
WHEREAS, the Lincoln Transition (LT) District, consisting of parcels along Lincoln Boulevard within the DCP area, is envisioned as a transition to become a Downtown gateway while respecting the lower-scale residential neighborhood to the east; and WHEREAS, the DCP encourages the evolution of the LT District as the eastern gateway to the Downtown, with pedestrian realm and open-space standards to guide new investment in making Lincoln Boulevard a more walkable street, including promoting ground floor uses that active the street and serve the local community; and WHEREAS, the Wilshire Transition (WT) District consists of properties on the north side of Wilshire Boulevard between the east side of 2nd Street and west side of 7th Street, is located within the DCP and hosts a multitude of different building types and heights with both large Class-A office developments and smaller two- and three-story structures that house a mixture of small neighborhood serving retail and dining; and

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Packet Pg. 1014 Attachment: CDD-Ord- Promenade IZO Amendment + Outdoor Markets 10.22.24 [Revision 1] (6556 : Third Street Promenade Economic 3 WHEREAS, the DCP contemplates that the WT District will continue to support smaller local serving uses that provide easily accessible goods and services to the surrounding neighborhood; and
WHEREAS, DCP Goal LU3 contemplates that the Downtown will continue to be the economic center for the City, providing a diverse and flexible mix of uses that can meet future resident, business, and visitor demand; and WHEREAS, the Office Campus (OC) District designation is applied to limited areas of the City, located outside the Downtown, that are currently developed with substantial office campus uses; and
WHEREAS, the OC District is intended to provide for office and similar uses which require large expanses of floor area on large parcels, as well as a diversity of housing types; and
WHEREAS, development intensity within the OC District is intended to provide for office uses and other uses within a campus-like environment that will be compatible with abutting residential neighborhoods, especially in terms of scale and building mass; and WHEREAS, on March 13, 2020, the City Manager, as the Director of Emergency Services (“Director of Emergency Services”), proclaimed the existence of a local emergency pursuant to Chapter 2.16 of the Santa Monica Municipal Code to ensure the availability of mutual aid and effectuate the City’s response to the novel coronavirus (“COVID-19”), and this local emergency was restated on March 14, 2020, through a revised declaration of local emergency to ensure compliance with all digital signature requirements (the “Executive Order”); and

10.A.a
Packet Pg. 1015 Attachment: CDD-Ord- Promenade IZO Amendment + Outdoor Markets 10.22.24 [Revision 1] (6556 : Third Street Promenade Economic 4 WHEREAS, on March 16, 2020, the Director of Emergency Services issued a Third Supplement to the Executive Order, requiring the closure of a wide range of businesses including bars, nightclubs, on-premises restaurant service, movie theatres, live performance venues, gyms, fitness centers, spas, hair salons, massage parlors, and nail salons; and
WHEREAS, on March 19, 2020, California Governor Gavin Newsom issued Executive Order N-33-20 directing all residents of the State of California to heed directives issued by the State Health Officer on the same date instructing all Californians to stay home except as needed to maintain continuity of operations of the federal critical infrastructure sectors; and
WHEREAS, on March 19, 2020, the Los Angeles County Department of Public Health issued an enhanced Health Officer Order, the Safer at Home Order for Control of COVID-19, amending and superseding its earlier March 16, 2020 Order, closing all nonessential businesses, and limiting gatherings to 9 people or less; and WHERAS, after March 19, 2020, the Los Angeles Department of Public Health, on multiple occasions, amended and modified its Health Officer Order, recognizing the issues posed by community transmission of COVID-19 in Los Angeles County, and, in response, maintaining public health measures that have, at differing times, included strict limitations on public gatherings, required closures of certain businesses, and strict limitations and protocols for the operations of businesses permitted to remain open; and WHEREAS, as of March 31, 2023, the local, state, and federal COVID-19 emergency declarations have concluded; and

10.A.a
Packet Pg. 1016 Attachment: CDD-Ord- Promenade IZO Amendment + Outdoor Markets 10.22.24 [Revision 1] (6556 : Third Street Promenade Economic 5 WHEREAS, although the emergency orders have been lifted, the economic impacts of the COVID-19 closures of, and limitations on, businesses have been and continue to be devastating to the local Santa Monica economy; and the Downtown area is continuing to experience economic uncertainty; and
WHEREAS, as the commercial and economic landscape evolves, Downtown’s economic recovery and competitive advantage will depend on its ability to deliver on a diverse range of unique dining, retail, and entertainment uses; and WHEREAS, as restaurant and entertainment environments across the region and county continue to evolve, there is a need to adjust allowed uses and dining and entertainment options to enable economic recovery and provide increased flexibility to minimize vacancies on the Third Street Promenade and the Downtown areas; and WHEREAS, the City has an important governmental interest in maintaining a thriving business community and protecting the health, safety, and economic welfare of its citizens and businesses; and
WHEREAS, vacancy rates, in addition to economic impacts that threaten the health, safety, and economic welfare of its citizens and businesses, may lead to public safety impacts, including, but not limited to, increased calls for emergency services, and WHEREAS, on October 25, 2022, City Council adopted an Ordinance amending the text of the City’s Zoning Ordinance related to economic recovery in commercial districts Citywide and in the area including and immediately adjacent to the Third Street Promenade; and
WHEREAS, these zoning changes codified Emergency Interim Zoning Ordinances approved in response to the COVID-19 pandemic and focused on relaxing barriers that

10.A.a
Packet Pg. 1017 Attachment: CDD-Ord- Promenade IZO Amendment + Outdoor Markets 10.22.24 [Revision 1] (6556 : Third Street Promenade Economic 6 had been shown to create unnecessarily difficult processes for simple changes of use, inhibiting the establishing of common neighborhood-servicing uses; and WHEREAS, on January 24, 2023, City Council held a discussion session requesting that the City develop strategies to revitalize the Third Street Promenade that included, but were not limited to, establishing an arts and entertainment district in the 1200 block of the Third Street Promenade, expanding outdoor dining opportunities, promoting available space and development opportunities, Zoning Ordinance amendments to expand allowable uses, and opportunities to partner with Downtown Santa Monica, Inc. on street performances; and
WHEREAS, before the COVID-19 pandemic, the City began discussions on the concept and feasibility of a utilizing the top levels of City-owned parking structures in the Downtown area for new uses, including a rooftop cinema, but such discussions ceased due to the pandemic commencing in March 2020; and
WHEREAS, as a part of the City’s economic recovery measures post-COVID-19, Downtown Santa Monica, Inc., City staff, and a potential rooftop cinema operator have reengaged discussions on the concept; and
WHEREAS, these public parking structures are the most appropriate locations to allow for certain uses, including the proposed rooftop cinema, due to their locations, structural capacity, and size; and
WHEREAS, on April 11, 2023, as part of the City’s economic recovery efforts, and in response to regulations that were adopted in response to the COVID-19 pandemic, the City Council adopted Ordinance Number 2741 (CCS) (“Ordinance 2741”), adding Section

9.31.199, Outdoor Commercial Uses on Private Property, to the Zoning Ordinance, which

10.A.a
Packet Pg. 1018 Attachment: CDD-Ord- Promenade IZO Amendment + Outdoor Markets 10.22.24 [Revision 1] (6556 : Third Street Promenade Economic 7 allowed eligible businesses to use available private property to expand onsite commercial uses; and
WHEREAS, on March 14, 2023, when Council introduced Ordinance 2741 for first reading, Council directed staff to further explore the consideration of allowing other utilizations for underutilized privately owned lots that are not connected other brick and mortar businesses; and
WHEREAS, on July 25, 2023, due to the continued economic uncertainty arising out of the COVID-19 pandemic, and the high vacancy rate along the Promenade in the Downtown area, the City Council adopted Interim Zoning Ordinance Number 2754 (CCS) (“IZO 2754”), which adopted interim zoning regulations to: (1) provide greater flexibility for restaurants that provide entertainment within the Third Street Promenade Area District; (2) expand Alcohol Exemption (AE) permits to additional uses to further streamline the review of alcohol permits while also correcting and refining existing AE permit condition; (3) enable the Director of Planning to consider commercial uses that are not clearly defined in the Zoning Code; (4) extend terms for Temporary Use Permits; and (5) allow outdoor rooftop commercial uses on public parking structures owned by the City (the “interim zoning regulations”); and
WHEREAS, IZO 2754 became effective September 22, 2023 and was set to expire on November 22, 2023; and
WHEREAS, on October 10, 2023, the City Council adopted Interim Zoning Ordinance Number 2761 (CCS) (“IZO 2761”), extending the interim zoning regulations for the full 60 months in accordance with SMMC 9.46.090(C), to November 22, 2028; and

10.A.a
Packet Pg. 1019 Attachment: CDD-Ord- Promenade IZO Amendment + Outdoor Markets 10.22.24 [Revision 1] (6556 : Third Street Promenade Economic 8 WHEREAS, IZO 2761 further amended the interim zoning regulations to make certain minor changes, corrections and clarifications to correct terms and further clarify certain Alcohol Exemption operational standards; and
WHEREAS, on October 8, 2024, the City Council adopted an ordinance to implement the City’s 6th Cycle (2021-2029) Housing Element, which included amendments to the residential use classifications within the City’s Downtown Districts; and
WHEREAS, it is anticipated that the amendments adopted by this ordinance will take effect on or about November 7, 2024; and
WHEREAS, as the City continues to support local businesses during this next phase of economic recovery following the pandemic, and to evaluate the 1200 block of the Promenade as a potential arts/entertainment district as well as the results of the land use changes included in the Interim Zoning Ordinance; and WHEREAS, the interim zoning regulations support a variety of potential commercial uses within Downtown; and
WHEREAS, allowing eligible businesses the flexibility to engage in new uses will facilitate business recovery and generate increased sales tax revenue for the City; and WHEREAS, since the adoption of the interim zoning regulations, the City has received additional inquiries from prospective businesses considering available tenant spaces within the Downtown area, including increased flexibility and streamlining for retenanting spaces and expanding streamlined approvals for alcohol service in the BC District, and streamlining approvals for larger restaurants in the WT and LT Districts; and

10.A.a
Packet Pg. 1020 Attachment: CDD-Ord- Promenade IZO Amendment + Outdoor Markets 10.22.24 [Revision 1] (6556 : Third Street Promenade Economic 9 WHEREAS, removing discretionary approval requirements for uses except those uses which typically result in impacts to surrounding uses, streamlines the re-tenanting process within the BC District; and
WHEREAS, the City has recently received inquiries related to the establishment of additional forms of entertainment in the BC District, including bar arcades, and removing restrictions associated with traditional gaming arcades within the BC District will increase opportunities or entertainment in the City’s commercial core; and WHEREAS, existing conditions for parcels in the WT District differ from conditions in the LT District in that parcels along Wilshire tend to be on sites that are built out or have ground floor tenant spaces integrated into a new or existing building, creating a natural buffer between the ground floor tenant space facing Wilshire and the residential uses to the north; and
WHEREAS, parcels along Lincoln Boulevard generally contain standalone buildings with some surface parking and residential uses are across an alley, which increases the possibility of impacts on adjacent residential uses from restaurant back-ofhouse operations in addition to potential noise and traffic impacts from customers, except that the west side of the LT District does not have immediate proximity to adjacent residential neighborhoods; and
WHEREAS, in light of existing conditions, it is appropriate to eliminate the conditional use permit requirement for larger restaurants in the WT District and the west side of the LT District; and
WHEREAS, providing more flexibility in re-tenanting vacant spaces and expanding streamlined approval for alcohol service to the entire Bayside Conservation (BC) District,

10.A.a
Packet Pg. 1021 Attachment: CDD-Ord- Promenade IZO Amendment + Outdoor Markets 10.22.24 [Revision 1] (6556 : Third Street Promenade Economic 10 and providing simplified approvals for larger restaurants in the WT and LT Districts, will provide greater certainty and predictability for property owners and their existing tenants, along with prospective businesses considering locations with these areas; and WHEREAS, since Council gave direction to staff to explore exclusively outdoor commercial uses in private property, the City has received inquiries with respect to conducting open air market activities; and
WHEREAS, the City’s zoning ordinance requires that uses occur primarily indoors, and allowing exclusively outdoor uses that are not associated with the primary business on a property requires further study due to the potential for impacts on adjacent sensitive uses; and
WHEREAS, conducting a pilot program to allow exclusively outdoor commercial uses on private property in the OC District, subject to regulations designed to reduce the impact of these temporary events on residential districts, will allow the City to study these uses for potential expansion to other areas of the City; and WHEREAS, the City Council now desires to amend the interim zoning regulations to: 1) maximize flexibility for Downtown uses, including relaxation of limitations on nonresidential land uses, including removing discretionary approval requirements for land uses and restrictions on game arcades in the Third Street Promenade Area and simplifying review for larger-sized restaurants in the LT and WT Districts; 2) expand eligibility for Alcohol Exemptions previously established for the Third Street Promenade Area to the BC District as a whole; and 3) establish a pilot program for exclusively outdoor commercial uses on private property in the OC District; and

10.A.a
Packet Pg. 1022 Attachment: CDD-Ord- Promenade IZO Amendment + Outdoor Markets 10.22.24 [Revision 1] (6556 : Third Street Promenade Economic 11 WHEREAS, the amendments to the interim zoning regulations support local business retention and promote new business opportunities within the Downtown, addressing the needs of the business community and residents and supporting small businesses by simplifying land use standards and streamlining review procedures; and WHEREAS, the City Council finds and declares that a current and immediate threat to the public health, safety, and general welfare exists due to the devastating impact the COVID-19-mandated closures and limitations have had on the local economy, including, but not limited to, the high vacancy rate in the Third Street Promenade Area, and that the approval of additional use permits, variances, building permits or any other applicable entitlement for use which is required in order to comply with the current regulations would result in a threat to public health, safety, and welfare.

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

SECTION 1. Interim Zoning Regulations (changes below reflect amendments to interim zoning regulations set forth in Interim Zoning Ordinance Number 2761 (CCS) and amendments anticipated to become effective November 7, 2024, resulting from City Council action on October 8, 2024, to adopt an Ordinance to implement the 6th Cycle (2021-2029) Housing Element).
(A) Notwithstanding any provisions of Santa Monica Municipal Code Section 9.04.080 to the contrary, the following regulations related to Determining Floor Area shall apply:

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

1. Stairways and stairwells;

10.A.a
Packet Pg. 1023 Attachment: CDD-Ord- Promenade IZO Amendment + Outdoor Markets 10.22.24 [Revision 1] (6556 : Third Street Promenade Economic 12 2. Elevators, elevator equipment rooms, and elevator shafts;

3. Ramps to a subterranean or semi-subterranean parking structure or ramps between floors of a parking structure provided the ramp does not accommodate parking;

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

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

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

10.A.a
Packet Pg. 1024 Attachment: CDD-Ord- Promenade IZO Amendment + Outdoor Markets 10.22.24 [Revision 1] (6556 : Third Street Promenade Economic 13 7. Covered and uncovered courtyards, arcades, atria, paseos, walkways, and corridors located at or near the street level and are accessible to the general public provided they are not used as sales, display, storage, service, or production areas;

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

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

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

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

12. Attics;

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

10.A.a
Packet Pg. 1025 Attachment: CDD-Ord- Promenade IZO Amendment + Outdoor Markets 10.22.24 [Revision 1] (6556 : Third Street Promenade Economic 14 14. Commercial outdoor space permitted pursuant to SMMC 9.31.199, Outdoor Commercial Uses on Private Property, and SMMC 9.31.200, Outdoor Dining and Seating on Sidewalks, shall be excluded from floor area.

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

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

A. Floor Area Ratio Exclusions

1. Floor area devoted to basements;

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

10.A.a
Packet Pg. 1026 Attachment: CDD-Ord- Promenade IZO Amendment + Outdoor Markets 10.22.24 [Revision 1] (6556 : Third Street Promenade Economic 15 3. In the Third Street Promenade Area, any unenclosed rooftop parking areas on City-Owned Parking Structures that are converted to outdoor rooftop commercial use in accordance with SMMC 9.10.050(a).
(C) Notwithstanding any provisions of Santa Monica Municipal Code Section 9.10.040 to the contrary, the following land use regulations shall apply in the Downtown Districts:

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

10.A.a
Packet Pg. 1027 Attachment: CDD-Ord- Promenade IZO Amendment + Outdoor Markets 10.22.24 [Revision 1] (6556 : Third Street Promenade Economic 16 determinations on similar uses.
“CUP” designates use classifications that are permitted after review and approval of a Conditional Use Permit. Uses not listed in Table 9.10.040 may be permitted after review and approval of a Conditional Use Permit upon a determination by the Director, or designee, that the use is similar to, and not more intrusive or disruptive than, a use that requires a CUP in the District. Factors to be considered in making this determination shall include, but are not limited to, maximum parking requirements, operational characteristics, and prior determinations on similar uses. “—” designates uses that are not permitted.

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

TABLE 9.10.040 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 L(1)P L(1)P P P P
Section 9.31.025
Accessory
Dwelling Units
and Junior
Accessory
Dwelling Units
Junior Accessory Dwelling
Unit P P L(1)P L(1)P P P P
Section 9.31.025
Accessory
Dwelling Units

10.A.a
Packet Pg. 1028 Attachment: CDD-Ord- Promenade IZO Amendment + Outdoor Markets 10.22.24 [Revision 1] (6556 : Third Street Promenade Economic 17 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
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) L(1)P L(1)P P P P Section 9.31.155, Group Residential
Low Barrier Navigation
Centers P P L(1)P L(1)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
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(25)L(15
) P CUP L(1) L(7)/
CUP
Section 9.31.100,
Community
Assembly

10.A.a
Packet Pg. 1029 Attachment: CDD-Ord- Promenade IZO Amendment + Outdoor Markets 10.22.24 [Revision 1] (6556 : Third Street Promenade Economic 18 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
Community Gardens P P L(25) P P P P
Cultural Facilities P P P P P P P
Hospitals and Clinics P P PL(1) PL(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 PL(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
P- P- L(4)/
CUP
L(4)/
CUP
L(4)/
CUP
Check Cashing Businesses - - - - - - -
Business Services L(5)/CUP L(5)/CUP PL(15) PL(5)/CUP L(5)/ CUP
L(5)/
CUP
L(5)/
CUP

10.A.a
Packet Pg. 1030 Attachment: CDD-Ord- Promenade IZO Amendment + Outdoor Markets 10.22.24 [Revision 1] (6556 : Third Street Promenade Economic 19 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
Commercial Entertainment and
Recreation See sub-classifications below.

Cinemas & Theaters, up to
99 seats
- CUP L(24) P P - -
Cinemas & Theaters, more
than 99 seats
- - L(24) PCUP CUP - -
Convention and Conference
Centers

CUP CUP P PCUP CUP CUP CUP
Large-Scale Facility L(21)/
CUP
L(21)/
CUP
L(21)/CU
PL(25)
PL(21)/
CUP
L(21)/
CUP
L(21)/
CUP
-
Small-Scale Facility L(5)/CUP L(5)/CUP L(5)/CUP
L(25)
PL(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 L(26) L(26)CUP CUP CUP - 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 PL(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 PL(22) P P P P
Restaurants, Full-Service,
Limited Service & Take-Out
(greater than 5,000 sq ft,
including Outdoor Dining
and Seating)
L(28)/CU
P
P PL(22) P P P L(27)
/CUP
Food Hall (up to 175 seats) CUP CUP P PCUP CUP CUP CUP
Equipment Rental - - - - L(5)/C
UP
- -
Food and Beverage Sales See sub-classifications below.

Convenience Market CUP L(5)/CUP PL(5)/CU
P
PL(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
PL(12)/
CUP
PL(12)/
CUP
L(12)/
CUP
L(12)/
CUP
L(12)
/ CUP
Section 9.31.040,
Alcoholic
Beverage Sales Liquor Stores CUP CUP L(26) L(26)CUP CUP CUP - Funeral Parlors and Mortuaries CUP - - - - - -
Instructional Services L(5)/CUP L(3),
L(5)/CUP
PL(1),
L(5)/CUP
PL(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 PMUP MUP MUP MUP Section 9.31.090, Bed and

10.A.a
Packet Pg. 1031 Attachment: CDD-Ord- Promenade IZO Amendment + Outdoor Markets 10.22.24 [Revision 1] (6556 : Third Street Promenade Economic 20 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
Breakfasts
Hotels and Motels CUP CUP P PCUP CUP CUP CUP,
L(19)
Maintenance and Repair
Services
L(5)/CUP - - - - - -
Nurseries and Garden Centers L(5)/CUP L(5)/CUP - PL(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 P L(3),
L(5)/C
UP
L(1) L(1)
Walk-In Clientele L(14)/
CUP
L(3),
L(5)/CUP
L(1) L(1)L(5)/C
UP
L(3),
L(5)/C
UP
L(5)/
CUP
L(5)/
CUP
Outdoor Newsstands MUP MUP PMUP PMUP 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 PL(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 PL(5)/CUP L(5)/ CUP
L(5)/
CUP
L(5)/
CUP
General Retail Sales,
Medium-Scale

CUP CUP P PCUP CUP - CUP
General Retail Sales, LargeScale- - - - - - -
Medicinal Cannabis
Retailers Medical
Marijuana Dispensaries
CUP - - - - - - Section 9.31.185,
Medicinal
Cannabis
Retailers 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)
- - - -

10.A.a
Packet Pg. 1032 Attachment: CDD-Ord- Promenade IZO Amendment + Outdoor Markets 10.22.24 [Revision 1] (6556 : Third Street Promenade Economic 21 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
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 - -
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 MixedUse Boulevard district greater than 25,000 square feet require approval of a Conditional Use Permit. (13) If the commercial use requires a MUP or CUP, an application shall be required in accordance with SMMC, Chapter 9.41. Even if the commercial use would otherwise be permitted, no such use shall be approved where, given the design or proposed design of the livework unit, there would be the potential for adverse health impacts from the proposed use on the people residing in the unit. An example of a potential health impact is the potential for food contamination from users that generate airborne particulates in a unit with an unenclosed kitchen.
(14) All new construction requires approval of a Conditional Use Permit or permitted if within buildings existing as of the date the ordinance codified in this Chapter is effective, except:
(a) New additions of 50% or more additional square footage to an existing building at any one time, or incrementally, after the effective date of the ordinance codified in this Chapter, requires approval of a Conditional Use Permit. (b) No ground floor, street-fronting, non-office or non-media production support facility use, non-medical or non-dental office use tenant space shall be changed into an individual office use or a media production support facility use, or individual medical or

10.A.a
Packet Pg. 1033 Attachment: CDD-Ord- Promenade IZO Amendment + Outdoor Markets 10.22.24 [Revision 1] (6556 : Third Street Promenade Economic 22 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
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) Except in Santa Monica Place, no individual Fitness Center tenant space shall exceed 100 linear feet of ground floor street frontage without the approval of a Conditional Use Permit.
(22) Restaurant, Limited-Service and Take-Out establishments with frontage on the Third Street Promenade and the following characteristics shall be prohibited:
(a) More than 150 locations nationwide at the time that the application for the establishment is deemed complete by the City; and (b) Characteristics, including but not limited to, orders placed at a walk-up window, counter, or machine; payment prior to food consumption; and food served with disposable, one-time, or limited-use wrapping, containers, or utensils. (23) Excludes commercial laundries and dry cleaning plants, monument works, medicinal cannabis, and medicinal cannabis products. (24) Permitted use. Additionally, outdoor cinemas/theaters are permitted, limited only to City-owned property or the rooftops on Cityowned parking structures. (25) Permitted use. Additionally, any as an outdoor use shall be limited only to City-owned property or the rooftops on City-owned parking structures.
(26) Permitted, subject to obtaining an Alcohol Exemption pursuant to SMMC 9.31.040(D)(2). If no Alcohol Exemption is obtained, a Conditional Use Permit is required.
(27) Restaurants up to 7,500 sf and located at least 75 feet of a residential use in a residential district are permitted. All other restaurants shall require approval of a Conditional Use Permit.
(28) Permitted if located on the west side of Lincoln Boulevard. Restaurants located on the east side of Lincoln Boulevard shall require approval of a Conditional Use Permit.
(D) Notwithstanding any provisions of Santa Monica Municipal Code to the contrary, the following regulations set forth in Section 9.10.050 related to Outdoor Rooftop Uses on City-Owned Parking Structures shall apply:

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

10.A.a
Packet Pg. 1034 Attachment: CDD-Ord- Promenade IZO Amendment + Outdoor Markets 10.22.24 [Revision 1] (6556 : Third Street Promenade Economic 23 A. Excluded as Floor Area and from Floor Area Ratio. Any unenclosed rooftop parking areas on City-Owned Parking Structures that are converted to and utilized as outdoor rooftop commercial space as permitted in the district, including any new enclosed structures supportive of such permitted uses erected within the converted parking area including but not limited to, temporary or permanent restroom facilities, concession stands, and storage structures, shall be excluded from floor area and floor area ratio requirements.

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

C. Applicability Certain Land Use and Zoning Related Provisions.

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

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

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

10.A.a
Packet Pg. 1035 Attachment: CDD-Ord- Promenade IZO Amendment + Outdoor Markets 10.22.24 [Revision 1] (6556 : Third Street Promenade Economic 24 A. Building-Mounted and Attached Structures. Table 9.21.060 establishes the maximum permitted projection(s) above the height limit of a building and into the daylight plane for structures that are typically mounted or attached to a building. These projections are by right, with no discretionary permit required. Table 9.21.060 also establishes limitations in the horizontal coverage of permitted projections. Some allowances apply in all Zoning Districts while others are limited to specified Zoning Districts. In the Single-Unit Residential (R1) District, allowed height projections into the minimum side stepback areas above 23 feet shall be permitted. None of these projections shall permit occupiable space above the height limit. The total aggregate coverage of projections shall not exceed 30% of a roof’s area. This limitation shall not apply to solar energy systems (see Section

9.21.150).

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

Skylights No limit 1 ft.

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

Chimneys, vent stacks 5% 5 ft.

Windscoops 5% 5 ft.

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

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

Other antennas See Chapter 9.32, Telecommunications Facilities TABLE 9.21.060: ALLOWED PROJECTIONS ABOVE HEIGHT LIMITS AND DAYLIGHT PLANE

10.A.a
Packet Pg. 1036 Attachment: CDD-Ord- Promenade IZO Amendment + Outdoor Markets 10.22.24 [Revision 1] (6556 : Third Street Promenade Economic 25 Structure
Maximum Aggregate
Coverage of Building’s Roof
Area (%); Other Locational
Restrictions
Maximum
Vertical
Projection (ft.)
Above the Height
Limit*
Parapets, fire escapes, catwalks, and open guard rails
required by law As required by law As required by
law
Projections Allowed in All Districts Except R1 and OP-1 Districts:

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

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

Elevator shafts 15% 18 ft.* above
the roofline
Stairwells 25% 14 ft.* above
the roofline
Mechanical rooms and enclosures 25% 12 ft.* above
the roofline
Ventilating fans, water tanks, cooling towers, or other equipment required to operate and maintain a building,
along with screening of such equipment
required by Section 9.21.140, Screening
Total area enclosed by all
screening may not exceed
30% of roof area
12 ft.

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

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

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

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

10.A.a
Packet Pg. 1037 Attachment: CDD-Ord- Promenade IZO Amendment + Outdoor Markets 10.22.24 [Revision 1] (6556 : Third Street Promenade Economic 26 9.28.040 Calculating Off-Street Parking and Loading Spaces A. Rules for Calculating Required Spaces. The following rules shall be followed for calculating the amount of off-street parking and loading spaces.

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

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

2. Residential Uses. For purposes of calculating off-street parking requirements for dwelling units, all private living spaces including, but not limited to, dens, studios, family rooms, studies and lofts shall be considered as “bedrooms” except that a maximum of one such room per unit shall not count as a bedroom if it is less than 100 square feet in area. Kitchens, bathrooms, and one living room per unit shall not be considered bedrooms. Semiprivate rooms shall not count as bedrooms if they have no doors and a minimum 7-foot opening to adjacent living space. A loft or mezzanine shall not count as a bedroom if the maximum width of the loft or mezzanine is less than 7 feet.

3. Non-residential Uses. Unless otherwise specified, the floor areas used to calculate the number of off-street parking and loading spaces required for non-residential uses shall include:
a. All floor area located above or below grade devoted to office, retail, service, or other activities and uses, storage areas, restrooms, lounges, lobbies, kitchens, and interior hallways and corridors, unless exempted by this Chapter; and

10.A.a
Packet Pg. 1038 Attachment: CDD-Ord- Promenade IZO Amendment + Outdoor Markets 10.22.24 [Revision 1] (6556 : Third Street Promenade Economic 27 b. All outdoor areas that will accommodate a permanent activity that will generate a demand for parking facilities in addition to that which is provided for principal activities and uses within the building or structure.

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

5. Exclusions. Floor area devoted to the following shall not be included when determining required parking and loading spaces:
a. Automobile parking;
b. Loading areas;
c. Driveways, drive aisles, ramps;
d. Bicycle parking;
e. Showers or locker areas not associated with a physical training, personal service or instructional service; and
f. Outdoor dining areas and other outdoor space permitted pursuant to Section 9.31.199, Outdoor Commercial Uses on Private Property, and Section

9.31.200, Outdoor Dining and Seating on Sidewalks.
(G) Notwithstanding any provisions of Santa Monica Municipal Code Section 9.31.040 to the contrary, the following regulations related to Alcoholic Beverage Sales shall apply:

9.31.040 Alcoholic Beverage Sales
A. Purpose.

10.A.a
Packet Pg. 1039 Attachment: CDD-Ord- Promenade IZO Amendment + Outdoor Markets 10.22.24 [Revision 1] (6556 : Third Street Promenade Economic 28 1. To limit the potential for community problems such as public drunkenness, drunk driving, traffic accidents, violent crime, noise, and nuisance from an overabundance or overconcentration of the availability of alcohol and its consumption. To regulate traditional alcohol outlets, including bars, restaurants, liquor stores, and supermarkets, as well as new types of alcohol outlets, to ensure that public health, safety, and welfare are not threatened.

2. To establish control measures that will permit the City to review and approve new alcohol outlets on a case-by-case basis and to condition that approval based on the specific type of alcohol outlet, neighborhood location, and potential problems involved.

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

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

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

10.A.a
Packet Pg. 1040 Attachment: CDD-Ord- Promenade IZO Amendment + Outdoor Markets 10.22.24 [Revision 1] (6556 : Third Street Promenade Economic 29 2. The proposed alcohol sales will not contribute to an undue concentration of alcohol outlets in the area;

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

4. The sale of alcohol will not increase traffic congestion or generate a demand for parking that will adversely affect surrounding businesses and residents.

D. Alcohol Exemption Zoning Conformance Permit.

1. Citywide Excluding the Bayside Conservation (BC) District Third Street Promenade Area, Santa Monica Place, and Santa Monica Pier. Except as provided in paragraphs 2 and 3, below, limited and full-service restaurants that offer alcoholic beverages incidental to meal service that are located citywide, excluding in the Bayside Conservation (BC) District Third Street Promenade Area and the area bounded by 2nd Street to the west, Broadway to the north, 4th Street to the east, and Colorado to the south, shall be exempt from the provisions of the Conditional Use Permit requirement of subsection B of this Section if such a permit is approved in writing by the Director and if the applicant agrees in writing to comply with all of the following criteria and conditions:
a. If a counter service area is provided, food service shall be available at all hours the counter is open for patrons, and the counter area shall not function as a separate bar area;
b. Window or other signage visible from the public right-of-way that advertises beer or alcohol shall not be permitted;

10.A.a
Packet Pg. 1041 Attachment: CDD-Ord- Promenade IZO Amendment + Outdoor Markets 10.22.24 [Revision 1] (6556 : Third Street Promenade Economic 30 c. Customers shall be permitted to order meals at all times and at all locations where alcohol is being served. The establishment shall serve food to patrons during all hours the establishment is open for customers; d. The premises shall maintain a kitchen or food-serving area in which a variety of food is prepared on the premises;
e. Sale of alcoholic beverages for consumption beyond the premises shall be permitted if authorized by the premises’ California Alcoholic Beverage Control (“ABC”) license;
f. No video or other amusement games shall be permitted on the premises;
g. Entertainment may only be permitted in the manner set forth in Section 9.31.290, Restaurants with Entertainment;
h. The primary use of any outdoor dining area shall be for seated meal service. Patrons who are standing in the outdoor seating area shall not be served; i. The operation shall at all times be conducted in a manner not detrimental to surrounding properties by reason of lights, noise, activities or other actions. The operator shall control noisy patrons leaving the restaurant; j. The permitted hours of alcoholic beverage service shall be 8:00 a.m. to 12:00 a.m. with complete closure and all employees vacated from the building by 1:00 a.m. All alcoholic beverages must be removed from the outdoor dining area no later than 11:00 p.m. Sunday through Thursday. No after-hours operation is permitted;

10.A.a
Packet Pg. 1042 Attachment: CDD-Ord- Promenade IZO Amendment + Outdoor Markets 10.22.24 [Revision 1] (6556 : Third Street Promenade Economic 31 k. Liquor bottle service shall be prohibited. Wine and beer bottle service shall not be available to patrons unless full meal service is provided concurrent with the bottle service. For purposes of this paragraph, “bottle service” means the service of any full bottle of liquor, wine, or beer of more than 375 ml, along with glass ware, mixers, garnishes, etc., in which patrons are able to then make their own drinks or pour their own wine or beer. All food items shall be available from the premises’ full service menu;
l. No organized queuing of patrons at the entry or checking of identification to control entry into and within the establishment shall be permitted.

There shall not be any age limitation imposed restricting access to any portion of the restaurant;
m. The premises shall not organize or participate in organized “pubcrawl” events where participants or customers pre-purchase tickets or tokens to be exchanged for alcoholic beverages at the restaurant; n. Establishments with amplified music shall be required to comply with Chapter 4.12, Noise, of the Santa Monica Municipal Code; o. Prior to occupancy, a security plan shall be submitted to the Chief of Police for review and approval. The plan shall address both physical and operational security issues;
p. Prior to occupancy, the operator shall submit a plan for approval by the Director regarding employee alcohol awareness training programs and policies. The plan shall outline a mandatory alcohol-awareness training program for all employees having contact with the public and shall state management’s

10.A.a
Packet Pg. 1043 Attachment: CDD-Ord- Promenade IZO Amendment + Outdoor Markets 10.22.24 [Revision 1] (6556 : Third Street Promenade Economic 32 policies addressing alcohol consumption and inebriation. The program shall require all employees having contact with the public to complete an ABCsponsored alcohol awareness training program within 90 days of the effective date of the exemption determination. In the case of new employees, the employee shall attend the alcohol awareness training within 90 days of hiring. In the event the ABC no longer sponsors an alcohol awareness training program, all employees having contact with the public shall complete an alternative program approved by the Director. The operator shall provide the City with an annual report regarding compliance with this requirement. The operator shall be subject to any future Citywide alcohol awareness training program affecting similar establishments; q. Within 30 days from the date of approval of this exemption, the applicant shall provide a copy of the signed exemption to the local office of the State ABC;
r. Prior to occupancy, the operator shall submit a plan describing the establishment’s designated driver program, which shall be offered by the operator to the establishment’s patrons. The plan shall specify how the operator will inform patrons of the program, such as offering on the menu a free non-alcoholic drink for every party of 2 or more ordering alcoholic beverages;
s. Notices shall be prominently displayed urging patrons to leave the premises and neighborhood in a quiet, peaceful, and orderly fashion and to please not litter or block driveways in the neighborhood;

10.A.a
Packet Pg. 1044 Attachment: CDD-Ord- Promenade IZO Amendment + Outdoor Markets 10.22.24 [Revision 1] (6556 : Third Street Promenade Economic 33 t. Employees of the establishment shall walk a 100-foot radius from the facility at some point prior to 30 minutes after closing and shall pick up and dispose of any discarded beverage containers and other trash left by patrons; and u. The exemption shall apply to approved and dated plans, a copy of which shall be maintained in the files of the City Planning Division. Project development shall be consistent with such plans, except as otherwise specified in these conditions of approval. Minor amendments to the plans shall be subject to approval by the Director;
v. In the event of a conflict between the regulations of this Section and regulations issued by the ABC, the ABC regulations shall control and be deemed to have modified contrary provisions of this Section.

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

10.A.a
Packet Pg. 1045 Attachment: CDD-Ord- Promenade IZO Amendment + Outdoor Markets 10.22.24 [Revision 1] (6556 : Third Street Promenade Economic 34 i. The permitted hours of alcoholic beverage service shall be 8:00 a.m. to 2:00 a.m. daily.
ii. From 8:00 a.m. until at least 10:00 p.m., food service shall be available at all times when alcohol is being served.
iii. Sale of alcoholic beverages for consumption beyond the premises shall be permitted if authorized by the premises’ California Alcoholic Beverage Control (“ABC”) license.
iv. Window or other signage visible from the public right-of-way that advertises beer or alcohol shall not be permitted. v. Entertainment may only be permitted in the manner set forth in Section 9.31.290(D), Restaurants with Entertainment; vi. Except as may be permitted by a Temporary Use Permit issued in accordance with Santa Monica Municipal Code Chapter 9.44, Temporary Use Permits, alcohol shall not be served in any disposable containers such as disposable plastic or paper cups.
vii. The premises shall at all times conduct operations in a manner not detrimental to surrounding properties by reason of lights, noise, activities or other actions. The operator of the premises shall control noisy patrons leaving the premises.
viii. Premises with amplified music shall be required to comply with Chapter 4.12, Noise, of the Santa Monica Municipal Code, except that Section 4.21.140 Nightclubs, Bars and Establishments with Amplified Music shall not apply.

10.A.a
Packet Pg. 1046 Attachment: CDD-Ord- Promenade IZO Amendment + Outdoor Markets 10.22.24 [Revision 1] (6556 : Third Street Promenade Economic 35 ix. Prior to occupancy, a security plan for the premises shall be submitted to the Chief of Police for review and approval. The plan shall address both physical and operational security issues.
x. Prior to occupancy, the operator of the premises shall submit a plan for approval by the Director regarding employee alcohol awareness training programs and policies. The plan shall outline a mandatory alcoholawareness training program for all employees having contact with the public and shall state management’s policies addressing alcohol consumption and inebriation. The program shall require all employees having contact with the public to complete an ABC-sponsored alcohol awareness training program within 90 days of the effective date of the exemption determination. In the case of new employees, the plan shall require all such new employees to attend an ABC-sponsored alcohol awareness training program within 90 days of hiring. In the event the ABC no longer sponsors an alcohol awareness training program, all employees having contact with the public shall complete an alternative program approved by the Director.

The operator of the premises shall provide the City with an annual report regarding compliance with this requirement. The operator of the premises shall be subject to any future Citywide alcohol awareness training program affecting similar establishments.
xi. Within 30 days from the date of approval of the exemption, the applicant shall provide a copy of the signed exemption to the local office of the ABC.

10.A.a
Packet Pg. 1047 Attachment: CDD-Ord- Promenade IZO Amendment + Outdoor Markets 10.22.24 [Revision 1] (6556 : Third Street Promenade Economic 36 xii. Prior to occupancy, the operator of the premises shall submit a plan describing the premises’ designated driver program, which shall be offered by the operator to the premises’ patrons. The plan shall specify how the operator will inform patrons of the program, such as by offering on the menu a free non-alcoholic drink for every party of 2 or more ordering alcoholic beverages.
xiii. Notices shall be prominently displayed urging patrons to leave the premises and neighborhood in a quiet, peaceful, and orderly fashion and to not litter or block driveways in the neighborhood. xiv. Employees of the premises shall walk a 100-foot radius from the premises at some point prior to 30 minutes after closing and shall pick up and dispose of any discarded beverage containers and other trash left by patrons.
xv. The exemption shall apply to approved and dated plans, a copy of which shall be maintained in the files of the City Planning Division.

Project development shall be consistent with such plans. Minor amendments to the plans shall be subject to approval by the Director. xvi. In the event of a conflict between the regulations of this Section and regulations issued by the ABC, the ABC regulations shall control and be deemed to have modified contrary provisions of this Section. b. Bars/Nightclubs/Lounges
i. The permitted hours of alcoholic beverage service shall be 8:00 a.m. to 2:00 a.m. daily.

10.A.a
Packet Pg. 1048 Attachment: CDD-Ord- Promenade IZO Amendment + Outdoor Markets 10.22.24 [Revision 1] (6556 : Third Street Promenade Economic 37 ii. Sale of alcoholic beverages for consumption beyond the premises shall be permitted if authorized by the premises’ California Alcoholic Beverage Control (“ABC”) license.
iii. Window or other signage visible from the public right-of-way that advertises beer or alcohol shall not be permitted. iv. The premises shall at all times conduct operations in a manner not detrimental to surrounding properties by reason of lights, noise, activities or other actions. The operator of the premises shall control noisy patrons leaving the premises.
v. Premises with amplified music shall be required to comply with Chapter 4.12, Noise, of the Santa Monica Municipal Code, except that Section 4.21.140 Nightclubs, Bars and Establishments with Amplified Music shall not apply.
vi. Prior to occupancy, a security plan for the premises shall be submitted to the Chief of Police for review and approval. The plan shall address both physical and operational security issues.
vii. Prior to occupancy, the operator of the premises shall submit a plan for approval by the Director regarding employee alcohol awareness training programs and policies. The plan shall outline a mandatory alcoholawareness training program for all employees having contact with the public and shall state management’s policies addressing alcohol consumption and inebriation. The program shall require all employees having contact with the public to complete an ABC-sponsored alcohol awareness training program

10.A.a
Packet Pg. 1049 Attachment: CDD-Ord- Promenade IZO Amendment + Outdoor Markets 10.22.24 [Revision 1] (6556 : Third Street Promenade Economic 38 within 90 days of the effective date of the exemption determination. In the case of new employees, the plan shall require all such new employees to attend an ABC-sponsored alcohol awareness training program within 90 days of hiring. In the event the ABC no longer sponsors an alcohol awareness training program, all employees having contact with the public shall complete an alternative program approved by the Director. The operator of the premises shall provide the City with an annual report regarding compliance with this requirement. The operator of the premises shall be subject to any future Citywide alcohol awareness training program affecting similar establishments.
viii. Within 30 days from the date of approval of this exemption, the applicant shall provide a copy of the signed exemption to the local office of the ABC.
ix. Prior to occupancy, the operator of the premises shall submit a plan describing the premises’ designated driver program, which shall be offered by the operator to the premises’ patrons. The plan shall specify how the operator will inform patrons of the program, such as by offering on the menu a free non-alcoholic drink for every party of 2 or more ordering alcoholic beverages.
x. Notices shall be prominently displayed urging patrons to leave the premises and neighborhood in a quiet, peaceful, and orderly fashion and to not litter or block driveways in the neighborhood.

10.A.a
Packet Pg. 1050 Attachment: CDD-Ord- Promenade IZO Amendment + Outdoor Markets 10.22.24 [Revision 1] (6556 : Third Street Promenade Economic 39 xi. Employees of the premises shall walk a 100-foot radius from the premises at some point prior to 30 minutes after closing and shall pick up and dispose of any discarded beverage containers and other trash left by patrons.
xii. The exemption shall apply to approved and dated plans, a copy of which shall be maintained in the files of the City Planning Division.

Project development shall be consistent with such plans. Minor amendments to the plans shall be subject to approval by the Director. xiii. In the event of a conflict between the regulations of this Section and regulations issued by the ABC, the ABC regulations shall control and be deemed to have modified contrary provisions of this Section. c. Convenience Markets and Liquor Stores
i. The permitted hours of alcoholic beverage sales shall be 8:00 a.m. to 10:00 p.m. daily.
ii. Window or other signage visible from the public right-of-way that advertises beer or alcohol shall not be permitted. iii. The premises shall at all times conduct operations in a manner not detrimental to surrounding properties by reason of lights, noise, activities or other actions. The operator of the premises shall control noisy patrons leaving the premises.
iv. Prior to occupancy, a security plan for the premises shall be submitted to the Chief of Police for review and approval. The plan shall address both physical and operational security issues.

10.A.a
Packet Pg. 1051 Attachment: CDD-Ord- Promenade IZO Amendment + Outdoor Markets 10.22.24 [Revision 1] (6556 : Third Street Promenade Economic 40 v. Within 30 days from the date of approval of this exemption, the applicant shall provide a copy of the signed exemption to the local office of the ABC.
vi. Employees of the premises shall walk a 100-foot radius from the premises at some point prior to 30 minutes after closing and shall pick up and dispose of any discarded beverage containers and other trash left by patrons.
vii. The exemption shall apply to approved and dated plans, a copy of which shall be maintained in the files of the City Planning Division.

Project development shall be consistent with such plans. Minor amendments to the plans shall be subject to approval by the Director. viii. In the event of a conflict between the regulations of this Section and regulations issued by the ABC, the ABC regulations shall control and be deemed to have modified contrary provisions of this Section. d. Cultural Facilities and Instructional Services
i. The permitted hours of alcoholic beverage service shall be 8:00 a.m. to 2:00 a.m. daily.
ii. Service of alcoholic beverages shall be incidental to the primary use.
iii. Sale of alcoholic beverages for consumption beyond the premises shall be permitted if authorized by the premises’ California Alcoholic Beverage Control (“ABC”) license.

10.A.a
Packet Pg. 1052 Attachment: CDD-Ord- Promenade IZO Amendment + Outdoor Markets 10.22.24 [Revision 1] (6556 : Third Street Promenade Economic 41 iv. Window or other signage visible from the public right-of-way that advertises beer or alcohol shall not be permitted. v. The premises shall at all times conduct operations in a manner not detrimental to surrounding properties by reason of lights, noise, activities or other actions. The operator of the premises shall control noisy patrons leaving the premises.
vi. Prior to occupancy, a security plan for the premises shall be submitted to the Chief of Police for review and approval. The plan shall address both physical and operational security issues.
vii. Prior to occupancy, the operator of the premises shall submit a plan for approval by the Director regarding employee alcohol awareness training programs and policies. The plan shall outline a mandatory alcoholawareness training program for all employees having contact with the public and shall state management’s policies addressing alcohol consumption and inebriation. The program shall require all employees having contact with the public to complete an ABC-sponsored alcohol awareness training program within 90 days of the effective date of the exemption determination. In the case of new employees, the plan shall require all such new employees to attend an ABC-sponsored alcohol awareness training program within 90 days of hiring. In the event the ABC no longer sponsors an alcohol awareness training program, all employees having contact with the public shall complete an alternative program approved by the Director. The operator of the premises shall provide the City with an annual report

10.A.a
Packet Pg. 1053 Attachment: CDD-Ord- Promenade IZO Amendment + Outdoor Markets 10.22.24 [Revision 1] (6556 : Third Street Promenade Economic 42 regarding compliance with this requirement. The operator of the premises shall be subject to any future Citywide alcohol awareness training program affecting similar establishments.
viii. Within 30 days from the date of approval of the exemption, the applicant shall provide a copy of the signed exemption to the local office of the ABC.
ix. Employees of the premises shall walk a 100-foot radius from the premises at some point prior to 30 minutes after closing and shall pick up and dispose of any discarded beverage containers and other trash left by patrons.
x. The exemption shall apply to approved and dated plans, a copy of which shall be maintained in the files of the City Planning Division.

Project development shall be consistent with such plans. Minor amendments to the plans shall be subject to approval by the Director. xi. In the event of a conflict between the regulations of this Section and regulations issued by the ABC, the ABC regulations shall control and be deemed to have modified contrary provisions of this Section. e. Outdoor Rooftop Commercial Uses: Cinemas, Community
Assembly, Small/Large-Scale Commercial Entertainment and Recreation Facilities i. The permitted hours of alcoholic beverage service shall be 8:00 a.m. to 2:00 a.m. daily.
ii. The premises shall at all times conduct operations in a manner not detrimental to surrounding properties by reason of lights, noise,

10.A.a
Packet Pg. 1054 Attachment: CDD-Ord- Promenade IZO Amendment + Outdoor Markets 10.22.24 [Revision 1] (6556 : Third Street Promenade Economic 43 activities or other actions. The operator of the premises shall control noisy patrons leaving the premises.
iii. Premises with amplified sound or music shall be required to comply with Chapter 4.12, Noise, of the Santa Monica Municipal Code, except that Section 4.21.140 Nightclubs, Bars and Establishments with Amplified Music shall not apply.
iv. Prior to occupancy, a security plan for the premises shall be submitted to the Chief of Police for review and approval. The plan shall address both physical and operational security issues.
v. Prior to occupancy, the operator of the premises shall submit a plan for approval by the Director regarding employee alcohol awareness training programs and policies. The plan shall outline a mandatory alcoholawareness training program for all employees having contact with the public and shall state management’s policies addressing alcohol consumption and inebriation. The program shall require all employees having contact with the public to complete an ABC-sponsored alcohol awareness training program within 90 days of the effective date of the exemption determination. In the case of new employees, the plan shall require all such new employees to attend an ABC-sponsored alcohol awareness training program within 90 days of hiring. In the event the ABC no longer sponsors an alcohol awareness training program, all employees having contact with the public shall complete an alternative program approved by the Director. The operator of the premises shall provide the City with an annual report

10.A.a
Packet Pg. 1055 Attachment: CDD-Ord- Promenade IZO Amendment + Outdoor Markets 10.22.24 [Revision 1] (6556 : Third Street Promenade Economic 44 regarding compliance with this requirement. The operator of the premises shall be subject to any future Citywide alcohol awareness training program affecting similar establishments.
vi. Within 30 days from the date of approval of the exemption, the applicant shall provide a copy of the signed exemption to the local office of the ABC.
vii. Prior to occupancy, the operator of the premises shall submit a plan describing the premises’ designated driver program, which shall be offered by the operator to the premises’ patrons. The plan shall specify how the operator will inform patrons of the program, such as by offering on the menu a free non-alcoholic drink for every party of 2 or more ordering alcoholic beverages.
viii. Notices shall be prominently displayed urging patrons to leave the premises and neighborhood in a quiet, peaceful, and orderly fashion and to not litter or block driveways in the neighborhood. ix. Employees of the premises shall walk a 100-foot radius from the premises at some point prior to 30 minutes after closing and shall pick up and dispose of any discarded beverage containers and other trash left by patrons.
x. The exemption shall apply to approved and dated plans, a copy of which shall be maintained in the files of the City Planning Division.

Project development shall be consistent with such plans. Minor amendments to the plans shall be subject to approval by the Director.

10.A.a
Packet Pg. 1056 Attachment: CDD-Ord- Promenade IZO Amendment + Outdoor Markets 10.22.24 [Revision 1] (6556 : Third Street Promenade Economic 45 xi. In the event of a conflict between the regulations of this Section and regulations issued by the ABC, the ABC regulations shall control and be deemed to have modified contrary provisions of this Section. f. Commercial Entertainment and Recreation: Small-Scale Facilities and Large-Scale Facilities
i. The permitted hours of alcoholic beverage service shall be 8:00 a.m. to 2:00 a.m. daily.
ii. Service of alcoholic beverages shall be incidental to the primary use.
iii. Sale of alcoholic beverages for consumption beyond the premises shall be permitted if authorized by the premises’ California Alcoholic Beverage Control (“ABC”) license.
iv. Window or other signage visible from the public right-of-way that advertises beer or alcohol shall not be permitted. v. The premises shall at all times conduct operations in a manner not detrimental to surrounding properties by reason of lights, noise, activities or other actions. The operator of the premises shall control noisy patrons leaving the premises.
vi. Premises with amplified music shall be required to comply with Chapter 4.12, Noise, of the Santa Monica Municipal Code, except that Section 4.21.140 Nightclubs, Bars and Establishments with Amplified Music shall not apply.

10.A.a
Packet Pg. 1057 Attachment: CDD-Ord- Promenade IZO Amendment + Outdoor Markets 10.22.24 [Revision 1] (6556 : Third Street Promenade Economic 46 vii. Prior to occupancy, a security plan for the premises shall be submitted to the Chief of Police for review and approval. The plan shall address both physical and operational security issues.
viii. Prior to occupancy, the operator of the premises shall submit a plan for approval by the Director regarding employee alcohol awareness training programs and policies. The plan shall outline a mandatory alcoholawareness training program for all employees having contact with the public and shall state management’s policies addressing alcohol consumption and inebriation. The program shall require all employees having contact with the public to complete an ABC-sponsored alcohol awareness training program within 90 days of the effective date of the exemption determination. In the case of new employees, the plan shall require all such new employees to attend an ABC-sponsored alcohol awareness training program within 90 days of hiring. In the event the ABC no longer sponsors an alcohol awareness training program, all employees having contact with the public shall complete an alternative program approved by the Director. The operator of the premises shall provide the City with an annual report regarding compliance with this requirement. The operator of the premises shall be subject to any future Citywide alcohol awareness training program affecting similar establishments.
ix. Within 30 days from the date of approval of the exemption, the applicant shall provide a copy of the signed exemption to the local office of the ABC.

10.A.a
Packet Pg. 1058 Attachment: CDD-Ord- Promenade IZO Amendment + Outdoor Markets 10.22.24 [Revision 1] (6556 : Third Street Promenade Economic 47 x. Prior to occupancy, the operator of the premises shall submit a plan describing the premises’ designated driver program, which shall be offered by the operator to the premises’ patrons. The plan shall specify how the operator will inform patrons of the program, such as by offering on the menu a free non-alcoholic drink for every party of 2 or more ordering alcoholic beverages.
xi. Notices shall be prominently displayed urging patrons to leave the premises and neighborhood in a quiet, peaceful, and orderly fashion and to not litter or block driveways in the neighborhood. xii. Employees of the premises shall walk a 100-foot radius from the premises at some point prior to 30 minutes after closing and shall pick up and dispose of any discarded beverage containers and other trash left by patrons.
xiii. The exemption shall apply to approved and dated plans, a copy of which shall be maintained in the files of the City Planning Division.

Project development shall be consistent with such plans. Minor amendments to the plans shall be subject to approval by the Director. xiv. In the event of a conflict between the regulations of this Section and regulations issued by the ABC, the ABC regulations shall control and be deemed to have modified contrary provisions of this Section. g. Retail Sales: General Retail Sales, Small-Scale and Medium-Scale i. The permitted hours of alcoholic beverage sales for off-site consumption and or on-site tasting shall be 8:00 a.m. to 2:00 a.m. daily.

10.A.a
Packet Pg. 1059 Attachment: CDD-Ord- Promenade IZO Amendment + Outdoor Markets 10.22.24 [Revision 1] (6556 : Third Street Promenade Economic 48 ii. Window or other signage visible from the public right-of-way that advertises beer or alcohol shall not be permitted.
iiiv. The premises shall at all times conduct operations in a manner not detrimental to surrounding properties by reason of lights, noise, activities or other actions. The operator of the premises shall control noisy patrons leaving the premises.
iv. Premises with amplified music shall be required to comply with Chapter 4.12, Noise, of the Santa Monica Municipal Code. vi. Prior to occupancy, a security plan for the premises shall be submitted to the Chief of Police for review and approval. The plan shall address both physical and operational security issues.
vii. Prior to occupancy, the operator of the premises shall submit a plan for approval by the Director regarding employee alcohol awareness training programs and policies. The plan shall outline a mandatory alcohol-awareness training program for all employees having contact with the public and shall state management’s policies addressing alcohol consumption and inebriation.

The program shall require all employees having contact with the public to complete an ABC-sponsored alcohol awareness training program within 90 days of the effective date of the exemption determination. In the case of new employees, the plan shall require all such new employees to attend an ABCsponsored alcohol awareness training program within 90 days of hiring. In the event the ABC no longer sponsors an alcohol awareness training program, all

10.A.a
Packet Pg. 1060 Attachment: CDD-Ord- Promenade IZO Amendment + Outdoor Markets 10.22.24 [Revision 1] (6556 : Third Street Promenade Economic 49 employees having contact with the public shall complete an alternative program approved by the Director. The operator of the premises shall provide the City with an annual report regarding compliance with this requirement. The operator of the premises shall be subject to any future Citywide alcohol awareness training program affecting similar establishments. vii. Within 30 days from the date of approval of the exemption, the applicant shall provide a copy of the signed exemption to the local office of the ABC.
viii.Prior to occupancy, the operator of the premises shall submit a plan describing the premises’ designated driver program, which shall be offered by the operator to the premises’ patrons. The plan shall specify how the operator will inform patrons of the program, such as by offering on the menu a free nonalcoholic drink for every party of 2 or more ordering alcoholic beverages. ix. Notices shall be prominently displayed urging patrons to leave the premises and neighborhood in a quiet, peaceful, and orderly fashion and to not litter or block driveways in the neighborhood.
x. Employees of the premises shall walk a 100-foot radius from the premises at some point prior to 30 minutes after closing and shall pick up and dispose of any discarded beverage containers and other trash left by patrons. xi. The exemption shall apply to approved and dated plans, a copy of which shall be maintained in the files of the City Planning Division. Project development shall be consistent with such plans. Minor amendments to the plans shall be subject to approval by the Director.

10.A.a
Packet Pg. 1061 Attachment: CDD-Ord- Promenade IZO Amendment + Outdoor Markets 10.22.24 [Revision 1] (6556 : Third Street Promenade Economic 50 xii. In the event of a conflict between the regulations of this Section and regulations issued by the ABC, the ABC regulations shall control and be deemed to have modified contrary provisions of this Section.

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

10.A.a
Packet Pg. 1062 Attachment: CDD-Ord- Promenade IZO Amendment + Outdoor Markets 10.22.24 [Revision 1] (6556 : Third Street Promenade Economic 51 f. The premises shall at all times conduct operations in a manner not detrimental to surrounding properties by reason of lights, noise, activities or other actions. The operator of the premises shall control noisy patrons leaving the premises.
g. Liquor bottle service shall be prohibited. Wine and beer bottle service shall not be available to patrons unless food service is provided concurrent with the bottle service. For purposes of this paragraph, “bottle service” means the service of any full bottle of liquor, wine, or beer of more than 375 ml, along with glass ware, mixers, garnishes, or other items used for the mixing of drinks, which patrons are able to then use to make their own drinks or pour their own wine or beer.
h. The premises shall not organize or participate in organized “pubcrawl” events where participants or customers pre-purchase tickets or tokens to be exchanged for alcoholic beverages at the premises.
i. Premises with amplified music shall be required to comply with Chapter 4.12, Noise, of the Santa Monica Municipal Code. j. Prior to occupancy, a security plan for the premises shall be submitted to the Chief of Police for review and approval. The plan shall address both physical and operational security issues.
k. Prior to occupancy, the operator of the premises shall submit a plan for approval by the Director regarding employee alcohol awareness training programs and policies. The plan shall outline a mandatory alcohol-awareness training program for all employees having contact with the public and shall state

10.A.a
Packet Pg. 1063 Attachment: CDD-Ord- Promenade IZO Amendment + Outdoor Markets 10.22.24 [Revision 1] (6556 : Third Street Promenade Economic 52 management’s policies addressing alcohol consumption and inebriation. The program shall require all employees having contact with the public to complete an ABC-sponsored alcohol awareness training program within 90 days of the effective date of the exemption determination. In the case of new employees, the plan shall require all such new employees to attend an ABC-sponsored alcohol awareness training program within 90 days of hiring. In the event the ABC no longer sponsors an alcohol awareness training program, all employees having contact with the public shall complete an alternative program approved by the Director. The operator of the premises shall provide the City with an annual report regarding compliance with this requirement. The operator of the premises shall be subject to any future Citywide alcohol awareness training program affecting similar establishments.
l. Within 30 days from the date of approval of this exemption, the applicant shall provide a copy of the signed exemption to the local office of the ABC.
m. Prior to occupancy, the operator of the premises shall submit a plan describing the premises’ designated driver program, which shall be offered by the operator to the premises’ patrons. The plan shall specify how the operator will inform patrons of the program, such as by offering on the menu a free nonalcoholic drink for every party of 2 or more ordering alcoholic beverages. n. Notices shall be prominently displayed urging patrons to leave the premises and neighborhood in a quiet, peaceful, and orderly fashion and to not litter or block driveways in the neighborhood.

10.A.a
Packet Pg. 1064 Attachment: CDD-Ord- Promenade IZO Amendment + Outdoor Markets 10.22.24 [Revision 1] (6556 : Third Street Promenade Economic 53 o. Employees of the premises shall walk a 100-foot radius from the premises at some point prior to 30 minutes after closing and shall pick up and dispose of any discarded beverage containers and other trash left by patrons. p. The exemption shall apply to approved and dated plans, a copy of which shall be maintained in the files of the City Planning Division. Project development shall be consistent with such plans, except as otherwise specified in these conditions of approval. Minor amendments to the plans shall be subject to approval by the Director.
q. In the event of a conflict between the regulations of this Section and regulations issued by the ABC, the ABC regulations shall control and be deemed to have modified contrary provisions of this Section.

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

E. Zoning Conformance Review.

1. When an existing alcohol outlet without a Conditional Use Permit changes ownership or undergoes an interior remodel, it shall be subject to Zoning Conformance review in accordance with the following:

10.A.a
Packet Pg. 1065 Attachment: CDD-Ord- Promenade IZO Amendment + Outdoor Markets 10.22.24 [Revision 1] (6556 : Third Street Promenade Economic 54 a. Except as provided in paragraph b, below, an existing alcohol outlet that was lawfully established and is nonconforming solely due to the lack of an approved Conditional Use Permit is exempt from the requirements of this Section if the licensed premises have remained in continuous operation without substantial change in mode or character of operation. Approval of a Conditional Use Permit shall be required for a change in the licensed classification. The operation of an existing nonconforming alcohol outlet shall be considered lapsed and a Conditional Use Permit shall be required where operations have been discontinued for a period of over one year.
i. The one-year period to determine that a nonconforming alcohol outlet has been abandoned shall commence when the use ceases and any one of the following occurs:
(1) The business license lapses;
(2) The site is vacated;
(3) The lease is terminated;
(4) Utilities are terminated; or
(5) A conforming use that meets the applicable
requirements of this Article is lawfully established in the space previously occupied by the nonconforming alcohol outlet. ii. Once the one-year period has commenced under subsection (E)(1)(a)(i) that period shall only be terminated if the nonconforming alcohol outlet is fully licensed, permitted, and operational for 60 continuous days.

Operational shall mean that the nonconforming alcohol outlet is open for

10.A.a
Packet Pg. 1066 Attachment: CDD-Ord- Promenade IZO Amendment + Outdoor Markets 10.22.24 [Revision 1] (6556 : Third Street Promenade Economic 55 business to the public and provides services typically associated with the nonconforming alcohol outlet during the hours and days that are customary for that nonconforming alcohol outlet.
iii. Cessation of use due to remodeling shall not be considered abandonment so long as building permits are active in accordance with Chapter 8.08 of the Municipal Code. However, if the building permit expires before the use resumes, the one-year period under subsection (E)(1)(a)(i) shall relate back and commence with the cessation of use. iv. Any existing premises where operations have been
discontinued for these time periods shall be required to obtain a Conditional Use Permit prior to resuming business whether or not a Conditional Use Permit was obtained in the past for the premises. v. A substantial change in mode or character of operation shall include, but is not limited to, a change in operational hours that extends past 11:00 p.m. Sunday through Thursday and midnight on Friday and Saturday, a 5% increase in the floor area of the premises, a 10% increase in the shelf area used for the display of alcoholic beverages, queuing outside the establishment, age requirements for entry, checking identification at the door, implementing a cover charge, offering bottle service, or a 5% increase in the number of seats in any restaurant that serves alcoholic beverages, but in no case shall the increase exceed any established seating limitation in the underlying zoning district.

10.A.a
Packet Pg. 1067 Attachment: CDD-Ord- Promenade IZO Amendment + Outdoor Markets 10.22.24 [Revision 1] (6556 : Third Street Promenade Economic 56 (1) “Bottle service” shall mean the service of any
full bottle of liquor, wine, or beer, of more than 375 ml, along with glass ware, mixers, garnishes, etc., in which patrons are able to then make their own drinks or pour their own wine or beer.
(2) “Cover charge” shall mean requiring payment
of customers before they may enter the establishment.
b. Notwithstanding the provisions of paragraph a, above, when an existing alcohol outlet (i) located within the Bayside Conservation (BC) District Third Street Promenade Area and (ii) without a Conditional Use Permit changes ownership or undergoes an interior remodel, it shall be subject to Zoning Conformance review to confirm consistency with current operations, except that an existing alcohol outlet that was lawfully established and is nonconforming solely due to the lack of an approved Conditional Use Permit shall not be subject to a zoning conformance review if the licensed premises have remained in continuous operation without substantial change in mode or character of operation. As used in this paragraph, a substantial change in mode or character of operation shall include, but is not limited to: a 5% increase in the floor area of the premises; a 10% increase in the shelf area used for the display of alcoholic beverages; implementing a cover charge, that is, requiring payment from customers before they may enter the premises; or a 5% increase in the number of seats in any restaurant that serves alcoholic beverages, but in

10.A.a
Packet Pg. 1068 Attachment: CDD-Ord- Promenade IZO Amendment + Outdoor Markets 10.22.24 [Revision 1] (6556 : Third Street Promenade Economic 57 no case shall the increase exceed any established seating limitation in the underlying zoning district.

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

9.31.290 Restaurants with Entertainment
A. Except as provided in subsection B, below, restaurants may provide entertainment including but not limited to music, DJs, song, dance, stand-up comedy, and poetry readings for the patrons’ enjoyment if they meet the following standards.

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

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

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

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

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

6. Liquor bottle service shall be prohibited. Wine and beer bottle service shall not be available to patrons unless full meal service is provided concurrent with the bottle

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Packet Pg. 1069 Attachment: CDD-Ord- Promenade IZO Amendment + Outdoor Markets 10.22.24 [Revision 1] (6556 : Third Street Promenade Economic 58 service. All food items shall be available from the full service menu. Bottle service shall mean the service of any full bottle of liquor, wine, or beer of more than 375 ml, along with glass ware, mixers, garnishes, etc., in which patrons are able to then make their own drinks or pour their own wine or beer.

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

8. The establishment shall not organize or participate in organized “pub-crawl” events where participants or customers pre-purchase tickets or tokens to be exchanged for alcoholic beverages at the restaurant.

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

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

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

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

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

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Packet Pg. 1070 Attachment: CDD-Ord- Promenade IZO Amendment + Outdoor Markets 10.22.24 [Revision 1] (6556 : Third Street Promenade Economic 59 4. There is no cover charge or minimum drink purchase requirement.

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

C. A restaurant with entertainment beyond the scope of the limitations set forth in subsections A or B above, as applicable, shall also be considered a Bar/Nightclub/Lounge as defined in Chapter 9.51, and such entertainment use shall be prohibited unless a separate Conditional Use Permit for that use has been obtained. (I) Santa Monica Municipal Code Section 9.31.199.5, Pilot Program for Exclusively Outdoor Commercial Uses on Private Property in the Office Campus District, shall be added and read in its entirety as follows:

9.31.199.5 Pilot Program for Exclusively Outdoor Commercial Uses on Private Property in the Office Campus District
A. Purpose and Applicability. The purpose of this Section is to initiate a pilot program that permits commercial uses that occur predominantly on outdoor spaces, such as outdoor antique markets, night markets, and similar multi-vendor open-air ventures in the Office Campus (OC) District while ensuring that they do not result in an adverse impact on adjacent land uses, with emphasis on any surrounding residential uses. The requirements of this Section are not applicable to outdoor sales conducted in conjunction with an existing retail business. See Section 9.31.220, Outdoor Retail Display and Sales.

B. Definitions. The definitions in Section 9.52.020 apply to the terms and phrases in this Section, unless otherwise specified herein. In addition, the following terms and phrases have the following meanings when used in this Section:

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Packet Pg. 1071 Attachment: CDD-Ord- Promenade IZO Amendment + Outdoor Markets 10.22.24 [Revision 1] (6556 : Third Street Promenade Economic 60 1. Exclusively Outdoor Commercial Use. A commercial uses that occurs predominantly outdoors. Exclusively Outdoor Commercial Uses may be operated by businesses that do not meet the definition of Eligible Business for purposes of Sectoin

9.31.199, Outdoor Commercial Uses on Private Property.

C. Limitation on Exclusively Outdoor Commercial Uses. Exclusively Outdoor Commercial Uses shall be designed, located, and operated in accordance with the requirements of this Section. No Exclusively Outdoor Commercial Use may operate within the City without first obtaining a Zoning Conformance Review Permit in accordance with Chapter 9.38.

D. Location; Minimum Distance from Residential Districts.

1. Exclusively Outdoor Commercial Uses may be permitted on surface parking lots in the Office Campus (OC) District. Exclusively Outdoor Commercial Uses are not required to be associated with the primary use of the parcel on which they are located.

2. The perimeter of the Exclusively Outdoor Commercial Use shall be located a minimum of 500 feet from any residential district.

E. Minimum Parcel Size. Exclusively Outdoor Commercial Uses may be conducted on parcels of 30,000 square feet or greater.

F. Duration of Use. Exclusively Outdoor Commercial Uses may only operate four times per month for no more than five consecutive days. Setup and cleanup may occur for up to two consecutive days prior to and after the market operations.

G. Food Sales. Food sales may be provided, including from food trucks, subject to compliance with all applicable law, including, but not limited to, City and County regulations. The requirements of Section 9.31.190, Mobile Food Truck Off-Street Venue,

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Packet Pg. 1072 Attachment: CDD-Ord- Promenade IZO Amendment + Outdoor Markets 10.22.24 [Revision 1] (6556 : Third Street Promenade Economic 61 shall not apply to Exclusively Outdoor Commercial Uses complying with the provisions of this Section.

H. Hours of Operation. The hours of operation shall not exceed 7 a.m. to 11 p.m. each day of the event. Setup shall begin no earlier than 5 a.m. and all cleanup shall be concluded no later than 12 midnight.

I. Amplified Sound. No amplified sound, including, but not limited to, music or a public address system, shall be audible beyond the boundaries of the parcel on which the Outdoor Commercial Use is being conducted.

J. Parking and Circulation. A parking, loading, and circulation plan shall be approved by the Mobility Division through the Zoning Conformance Review process to ensure that events do not adversely impact vehicular traffic, safety, public right-of-way, or transit services.

K. Sanitary Facilities. A minimum of two portable sanitary facilities (including at least one ADA accessible stall) shall be located onsite and remain open for public use throughout the duration of the event. Additional sanitary facilities shall be provided in compliance with the current Building and Plumbing Codes, if applicable.

L. Security. Private security shall be provided during all hours that the event is open to the public.

M. Solid Waste and Litter. Refuse and recycling containers shall be provided for the proper disposal of litter. There shall be personnel assigned to clean up litter throughout the duration of the event.

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Packet Pg. 1073 Attachment: CDD-Ord- Promenade IZO Amendment + Outdoor Markets 10.22.24 [Revision 1] (6556 : Third Street Promenade Economic 62 1. A refuse and recycling plan shall be prepared for review by the City’s Resource Recovery and Recycling Division through the Zoning Conformance Review process if the Exclusively Outdoor Commercial Use meets any of the following:
a. More than 1,000 attendees are anticipated;
b. If more than 2,500 attendees are anticipated; or
c. If food or beverages will be served.

N. Licensing. Each vendor shall be properly licensed, including, but not limited to, licenses required by the City and/or the Los Angeles County Department of Public Health, as applicable.

O. Building Permits and/or Fire Department Permits. Any proposed temporary stand, platforms, fences, canopies, tents and other similar miscellaneous structures requiring a building permit, or special building permit for a limited period of time, shall obtain such required permit in accordance with the Building Code. Fire Department permits or review and approval by the Fire Department may also be required for tents, canopies, open flames, candles, and or cooking, and such permits or review shall also be obtained in accordance with all applicable law.
(J) Notwithstanding any provisions of Santa Monica Municipal Code Section 9.31.340 to the contrary, the following regulations related to Small Scale Facility (Commercial Entertainment and Recreation), Game Arcades shall apply:

SMMC 9.31.340 Small Scale Facility (Commercial Entertainment and Recreation), Game Arcades.

The noise and loitering commonly associated with game arcades tend to decrease compatibility with adjacent and surrounding uses. In order to mitigate the impacts of hits

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Packet Pg. 1074 Attachment: CDD-Ord- Promenade IZO Amendment + Outdoor Markets 10.22.24 [Revision 1] (6556 : Third Street Promenade Economic 63 use on other land uses, specific location limitations, development standards, and provisions shall be imposed on arcades and video machines. The following performance standards shall apply to game arcades.

A. Applicability.

1. Except as provided in subsection 2, below, arcades Arcades shall be permitted only in the OF District with approval of a Minor Use Permit and only in the following 2 locations: on the Santa Monica Pier and fronting on the Promenade. A Minor Use Permit shall also be required for existing arcades at such time as those arcades apply for City permits for expansion or remodeling or any other development requiring a permit from the City or within one year of the date of adoption of this Ordinance.

2. Notwithstanding anything to the contrary in subsection 1, above, the provisions of this Section 9.31.340 shall not apply to game arcades located in the Bayside Conservation (BC) District.

B. Number of Machines. Four or fewer arcade or game machines shall be permitted in any commercial business. More than four arcade or game machines for any commercial business constitutes an arcade which shall be subject to the standards and provisions of this Section.

C. Noise Attenuation Requirements.

1. Any arcade building or tenant space shall be constructed to achieve a minimum sound transmission class (STC) sound rating of 50 between the arcade and any adjacent use that shares a common wall or floor-ceiling assembly.

2. All arcades shall comply with the City’s noise ordinance, Chapter 4.12.

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Packet Pg. 1075 Attachment: CDD-Ord- Promenade IZO Amendment + Outdoor Markets 10.22.24 [Revision 1] (6556 : Third Street Promenade Economic 64 D. Maximum Number of Machines. The number of arcade or game machines shall not exceed one machine per each 30 square feet of floor area.

E. Adult Supervision/Surveillance. All arcade and game machines and all areas of the business shall be readily observed at all times by an adult supervisor of the arcade either by direct observation from a raised dais or through a video camera monitoring system approved by the Santa Monica Police Department with cameras positioned so that the supervisor can observe all areas of the arcade simultaneously on a multi-screen monitor. If a video camera monitoring system is utilized, it shall be installed so that the monitoring supervisor is visible from the main arcade area and a sign shall be displayed at all entries to the arcade informing patrons that a video monitoring system is in use. In addition to the required supervision from a raised dais or video camera monitoring system, an adult supervisor shall be present in the main arcade area at all times that the arcade is open. If the number of arcade and game machines exceeds forty, there shall be 2 such adult supervisors present in the main arcade area.

F. Lighting. The arcade shall be fully and adequately lighted for easy observation of all areas of the premises.

G. Bicycle Racks. A bicycle storage rack or racks accommodating a minimum of four bicycles shall be maintained adjacent to the arcade building and off the public sidewalk to adequately accommodate bicycles utilized by arcade patrons.

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Packet Pg. 1076 Attachment: CDD-Ord- Promenade IZO Amendment + Outdoor Markets 10.22.24 [Revision 1] (6556 : Third Street Promenade Economic 65 (K) Notwithstanding any provisions of Santa Monica Municipal Code Section 9.31.370 to the contrary, the following regulations related to Temporary Uses and Seasonal Sales shall apply:

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

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

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

3. Art displays under the sponsorship of any recognized art organization or accredited school on any parking lot in any commercial or industrial district provided that the art display is on a Saturday, Sunday, or holiday when the place or places of business, which have control of the parking lot are not open for business on the day the art display is to occur;

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

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Packet Pg. 1077 Attachment: CDD-Ord- Promenade IZO Amendment + Outdoor Markets 10.22.24 [Revision 1] (6556 : Third Street Promenade Economic 66 5. Construction offices where approved construction projects are being diligently completed;

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

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

8. Private social gatherings in private residences.

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

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

2. Temporary Outdoor Sales. Temporary outdoor sales conducted by an established retail commercial business holding a valid City business license, including, but not limited to, grand opening events, sidewalk sales, and other special sales events subject to the following standards:
a. Temporary outdoor sales shall be conducted by an established retail commercial business holding a valid City business license for the same site.

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Packet Pg. 1078 Attachment: CDD-Ord- Promenade IZO Amendment + Outdoor Markets 10.22.24 [Revision 1] (6556 : Third Street Promenade Economic 67 b. Outdoor display and sales areas must be located on a paved or concrete area on the same parcel as the structure(s) containing the business with which the temporary sale is associated.
c. Location of the displayed merchandise must not disrupt the normal circulation of the site, nor encroach upon driveways, pedestrian walkways, or required landscaped areas, or obstruct sight distances or otherwise create hazards for vehicle or pedestrian traffic.
d. Number of Events. No more than 4 events shall be allowed on any 1 site within any 12-month period, except sidewalk sales located on the public rightof-way shall be limited to 2 events for periods not exceeding 3 consecutive days each within any 12-month period. Business Improvement Districts and Areas shall be exempt from the limitations on number of events.

3. Special Events. Other short-term special events, outdoor sales, art sales, and displays that do not exceed 3 consecutive days, may be permitted in accordance with the following standards:
a. Location. Events are limited to nonresidential districts. b. Number of Events. No more than 4 events shall be allowed on any 1 site within any 12-month period.
c. Recreational Special Events. Short-term recreational special events shall be part of an existing Commercial Recreation or Personal Service use located on the same site.
d. Carnivals, Fairs, and Festival Events. Carnivals, fairs, and festival events are also subject to the following standards:

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Packet Pg. 1079 Attachment: CDD-Ord- Promenade IZO Amendment + Outdoor Markets 10.22.24 [Revision 1] (6556 : Third Street Promenade Economic 68 i. Location. Events are limited to areas within commercial or employment districts, or on land owned by a school or place of worship. ii. Time Limit. When located adjacent to a Residential District, the hours of operation shall be limited to 8:00 a.m. to 9:00 p.m.

4. Other Temporary Uses. The following temporary uses may also be permitted subject to the approval of a Temporary Use Permit when conducted for a period not to exceed 180 consecutive calendar days:
a. Circuses and carnivals subject to compliance with Article 6 of the Municipal Code;
b. Fairs, festivals, and concerts, when not held within premises designed to accommodate such events, such as auditoriums, stadiums, or other public assembly facilities;
c. Off-site contractors’ construction yards;
d. Similar temporary uses or other temporary uses supportive of economic recovery, which the Director has determined will be compatible with the purposes of the district and surrounding land uses.
e. The Zoning Administrator may approve a single extension of a Temporary Use Permit under this subsection for an additional 180 days, subject to any additional operational conditions as deemed necessary, and subject to a finding that the operation of the approved temporary use at the location and within the time period specified operated in a manner that did not jeopardize, endanger, or otherwise constitute a menace to the public health, safety, or general welfare.

Any proposed extension exceeding 180 days not meeting the requirements of this

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Packet Pg. 1080 Attachment: CDD-Ord- Promenade IZO Amendment + Outdoor Markets 10.22.24 [Revision 1] (6556 : Third Street Promenade Economic 69 subsection be shall be subject to Minor Use Permit approval pursuant to Subsection C below.

C. Temporary Uses Requiring a Minor Use Permit. Other special events, temporary uses, outdoor sales, and displays not specifically limited under this Section that exceed 180 consecutive calendar days shall require the approval of a Minor Use Permit pursuant to Chapter 9.41, Minor Use Permits and Conditional Use Permits. (L) Notwithstanding any provisions of Santa Monica Municipal Code Section 9.44.060 to the contrary, the following regulations related to Temporary Uses Requiring a Minor Use Permit shall apply:

SMMC 9.44.060 Temporary Uses Requiring a Minor Use Permit Other special events, temporary uses, outdoor sales, and displays not specifically limited under Section 9.31.370 that exceed 180 consecutive calendar days shall require the approval of a Minor Use Permit pursuant to Chapter 9.41, Minor Use Permits and Conditional Use Permits
SECTION 2. Any provision of the Santa Monica Municipal Code or any appendix thereto inconsistent with the provisions of this Interim Zoning Ordinance, to the extent of such inconsistencies and no further, is hereby repealed or modified to that extent necessary to effect the provisions of this Interim Zoning Ordinance.

SECTION 3. If any section, subsection, sentence, clause, or phrase of this Interim Zoning Ordinance is for any reason held to be invalid or unconstitutional by a decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this Interim Zoning Ordinance. The City Council hereby declares that it would have passed this Interim Zoning Ordinance and each and every section,

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Packet Pg. 1081 Attachment: CDD-Ord- Promenade IZO Amendment + Outdoor Markets 10.22.24 [Revision 1] (6556 : Third Street Promenade Economic 70 subsection, sentence, clause, or phrase not declared invalid or unconstitutional without regard to whether any portion of the Interim Zoning Ordinance would be subsequently declared invalid or unconstitutional.

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

SECTION 5. This Ordinance shall be of no further force or effect as of November 22, 2028.

APPROVED AS TO FORM:
_________________________
Douglas Sloan, City Attorney

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Packet Pg. 1082 Attachment: CDD-Ord- Promenade IZO Amendment + Outdoor Markets 10.22.24 [Revision 1] (6556 : Third Street Promenade Economic 1 City Council Meeting: October 22, 2024 Santa Monica, California ORDINANCE NUMBER _________ (CCS)
(City Council Series)

AN EMERGENCY ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA AMENDING SANTA MONICA MUNICIPAL CODE CHAPTER 9.61:

SIGNS TO INCREASE FLEXIBILITY FOR SIGNAGE IN THE BAYSIDE

CONSERVATION DISTRICT AND THIRD STREET PROMENADE AREA, AND MAKE

OTHER MINOR CHANGES TO PROMOTE ECONOMIC RECOVERY, PUBLIC

SAFETY AND WELFARE
WHEREAS, the City’s Sign Code was originally adopted in 1985 and as detailed in the administrative record and in Santa Monica Municipal Code (SMMC) Section

9.61.020, advances a variety of purposes and interests, including, but not limited to, protecting the health, safety, property, and welfare of the public; providing a neat, clean, orderly and attractive appearance of the community; improving the effectiveness of signs; providing for safe construction, location, erection, and maintenance of signs; preventing the proliferation of signs and sign clutter, and minimizing adverse visual safety factors to travelers of public streets and sidewalks; and
WHEREAS, in 2017, the City Council adopted the Downtown Community Plan, which sets forth a vision for the continued vitality of the Third Street Promenade as a major public space framed by a mix of retail, restaurant, and services that form unique experiences enjoyable to both residents and visitors; and WHEREAS, the Third Street Promenade is unique in both its function and layout with the sidewalk and roadway open to pedestrians and with co-planar façades that make business visibility challenging to pedestrians; and

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Packet Pg. 1083 Attachment: CDD-Ord_Sign Amendments (Promenade) 10.22.24 [Revision 1] (6556 : Third Street Promenade Economic Recovery Interim 2 WHEREAS, allowing animated signs that face only the interior of the Promenade increases business visibility and enhances overall business promotion on the Promenade, while maintaining the City’s substantial interest in traffic and pedestrian and safety and aesthetics by limiting their applicability; and WHEREAS, amending Chapter 9.61 to permit in the Third Street Promenade increased static signage by right, as well as certain animated signs, will increase business visibility and foster economic sustainability and continued vitality of the Third Street Promenade; and
WHEREAS, the economic impacts of the COVID-19 pandemic and subsequent economic downturn have devastated many of the City’s revenue streams, including sales tax, transient occupancy tax, parking revenue, and business license revenue; and WHEREAS, adopting business-friendly policies including encouraging the use of creative signs are critical in providing greater certainty to property owners and their existing tenants, along with prospective businesses considering locating within the Promenade area; and
WHEREAS, the City further desires to make other minor changes, additions, and corrections to Chapter 9.61 to modernize and streamline language; and WHEREAS, the proposed changes to the definitions of on-premises and offpremises signage are content-neutral and consistent with the definitions upheld by the Ninth Circuit in Contest Promotions, LLC v. City and County of San Francisco (9th Cir. 2017) 874 F.3d 597); and
WHEREAS, in revising Chapter 9.61, the City Council has been mindful of legal principles relating to regulating signs and does not intend to suppress or infringe upon

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Packet Pg. 1084 Attachment: CDD-Ord_Sign Amendments (Promenade) 10.22.24 [Revision 1] (6556 : Third Street Promenade Economic Recovery Interim 3 any expressive activities protected by the First Amendment of the United States and California Constitutions.

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

SECTION 1. The following sections of Article 9, Chapter 9.61, Signs, are amended as follows:

Santa Monica Municipal Code Subsection 9.61.030.0510 is hereby amended to read as follows:

9.61.030.0510 Special event sign. A sign authorized through a community events permit issued pursuant to Santa Monica Municipal Code Chapter 4.68, or through a license agreement with the City, or a Temporary Use Permit authorized pursuant to Santa Monica Municipal Code Chapter 9.44.

Santa Monica Municipal Code Subsection 9.61.030.0360 is hereby amended to read as follows:

9.61.030.0360 Off-premises sign. A commercial sign which directs attention to a business, commodity, industry or other activity which is sold, offered or conducted elsewhere than on the premises upon which the sign is located, or to which it is affixed, and which is sold, offered or conducted on such premises only incidentally if at all.

9.61.030.0360 Off-premises sign. A commercial sign that displays any message directing attention to, or other commercial speech relating to, a business, product, service, profession, commodity, activity, event, person, or institution that is

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Packet Pg. 1085 Attachment: CDD-Ord_Sign Amendments (Promenade) 10.22.24 [Revision 1] (6556 : Third Street Promenade Economic Recovery Interim 4 generally conducted, sold, manufactured, produced, offered, located, or occurs elsewhere than on the premises where such sign is located.

Santa Monica Municipal Code Subsection 9.61.030.0370 is hereby amended to read as follows:

9.31.030.0670 On-premises sign. A commercial sign which directs attention to the primary business, commodity, service, industry or other activity which is sold, offered, or conducted on the premises upon which such sign is located, or to which it is affixed, or for signs authorized pursuant to Section 9.61.200(A), signs placed within twelve feet directly in front of the frontage of the premises of the primary business. Where a number of businesses, services, industries, or other activities are conducted on the premises, or a number of commodities, services, or other activities with different brand names or symbols are sold on the premises, up to one-third of the area of an on-premises sign, or 25 square feet of sign area, whichever is the lesser, may be devoted to the advertising of one or more of those businesses, commodities, services, industries, or other activities by brand name or symbol as an accessory function of the on-premises sign, provided that such advertising is integrated with the remainder of the sign, and provided also that any limits which may be imposed by this Code on the area of individual signs and the area of all signs on the property are not exceeded. The primary business, commodity, service, industry, or other activity on the premises shall mean the use which occupies the greatest area on the premises upon which the on-premises sign is located, or to which it is affixed.

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Packet Pg. 1086 Attachment: CDD-Ord_Sign Amendments (Promenade) 10.22.24 [Revision 1] (6556 : Third Street Promenade Economic Recovery Interim 5 9.61.030.0370 On-premises sign. A commercial sign that is other than an off-premises sign or, if authorized pursuant to Section 9.61.200(A), displays any message directing attention to, or other commercial speech related to, a business, product, service, profession, commodity, activity, event, person, or institution, and is placed within 12 feet directly in front of the frontage of the premises where such business, product, service, profession, commodity, activity, event, person, or institution is generally conducted, sold, manufactured, produced, offered, located, or occurs.

Santa Monica Municipal Code Section 9.61.070 is hereby amended to read as follows:

9.61.070 Sign Permit Application Requirements.

A. Application Forms and Materials.

1. Application Forms. The Director shall prepare and issue application forms and lists that specify the information that will be required from applicants for projects subject to the provisions of this Ordinance.

2. Supporting Materials. The Director shall require the submission of supporting materials as part of the application, including but not limited to statements, photographs, plans, drawings, renderings, models, material samples, contextual drawings, massing diagrams and/or models, site development history information, and other items necessary or relevant to describe existing conditions and the proposed project and to determine the level of environmental review pursuant to the California Environmental Quality Act.

3. Availability of Materials. All material submitted becomes the property of the City, may be distributed to the public, and shall be made available for public inspection. At any time upon reasonable request, and during normal business hours, any

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Packet Pg. 1087 Attachment: CDD-Ord_Sign Amendments (Promenade) 10.22.24 [Revision 1] (6556 : Third Street Promenade Economic Recovery Interim 6 person may examine an application and materials submitted in support of or in opposition to an application in the Planning Division offices. Unless prohibited by law, copies of such materials shall be made available at a reasonable cost.

BA. Applications for sign permits shall be accompanied by the following material:

1. Site Plan. Scale plans indicating the location of existing signs to be retained or removed and proposed new signs.

2. Existing Building Elevation. Scale drawings indicating locations of all existing signs on the site or building that are to be retained and indicating the location of all existing signs on the site or building that are to be removed. Dated and signed color photographs (not slide transparencies) at least 3 inches by 3 inches minimum in size of all existing signs.

3. Proposed Building Elevations. Scale drawings indicating locations of proposed signs and existing signs that are to be retained on the site.

4. Sign Illustration. Scale drawing indicating dimensions, colors, materials, copy, illumination, and exterior structural fixtures of each sign on the site.

5. Other Information. Other information required by the guidelines and standards of the Architectural Review Board, regulations promulgated pursuant to Section

9.61.290, and, for City-Designated Historical Resources, guidelines and standards of the Landmarks Commission.

CB. For all new projects and building remodels that directly affect existing signs and for any change to a sign in a multiple-unit dwelling, a sign program shall be required and accompany the application for a sign permit. The sign program shall include, but is not

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Packet Pg. 1088 Attachment: CDD-Ord_Sign Amendments (Promenade) 10.22.24 [Revision 1] (6556 : Third Street Promenade Economic Recovery Interim 7 limited to, indications of locations, dimensions, colors, letter styles, and sign types of all signs to be retained, removed, and installed on a site.

C. The Director shall prepare and issue the application form required by this Section.

Santa Monica Municipal Code Section 9.61.140 is hereby amended to read as follows:

9.61.140 Exempt Signs.

The following signs are exempt from the provisions of the Santa Monica Sign Code:

A. All signs that are placed inside a structure and that are either not visible through windows or building openings or are located a minimum of 5 feet from such windows or openings and from an adjacent window merchandise display base, if any; B. A special event sign, provided that they are not of the type prohibited by subsections (1) through (4) and (9) through (12) of Section 9.61.180(A) or by Section

9.61.230;
C. Pole banners and over-the-street banners authorized pursuant to Santa Monica Municipal Code Section 4.08.500;
D. Noncommercial signs, provided that they are not of the type prohibited by subsections (1) through (4) and (9) through (12) of Section 9.61.180(A) or by Section

9.61.230;
E. Signs placed on bicycles or other shared mobility devices pursuant to and in compliance with a sponsorship agreement with the City relating to a bike share or shared mobility device system;
F. Signs placed on public transit; or
G. Signs placed on and associated with a digital wayfinding kiosk installed in the public right-of-way or public property pursuant to a license agreement with the City.

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Packet Pg. 1089 Attachment: CDD-Ord_Sign Amendments (Promenade) 10.22.24 [Revision 1] (6556 : Third Street Promenade Economic Recovery Interim 8 Santa Monica Municipal Code Section 9.61.160 is hereby amended to read as follows:

9.61.160. Temporary Sign Restrictions.

The following signs are exempt from the permit requirements of this Chapter. The use of these signs does not affect the amount or type of signage otherwise allowed by this Chapter. All signs listed in this Section must be in conformance with all other applicable requirements of this Chapter and the Santa Monica Municipal Code:

A. Basic Requirements Governing Temporary Signs.

1. Illumination. No temporary sign shall be internally or externally illuminated, except if the sign is a light bulb string authorized by this Section.

2. Location.
a. Except as authorized by Santa Monica Municipal Code 4.08.490, no temporary sign shall extend into, on or over the public right-of-way of any street, alley, or other public property.
b. No temporary sign shall extend into the hazardous visual obstruction zone as established by Santa Monica Municipal Code Section 9.21.180, Hazardous Visual Obstructions.

3. Maintenance. Temporary signs shall be kept neat, clean, and in good repair.

Signs that are faded, torn, damaged, or otherwise unsightly or in a state of disrepair shall be immediately repaired or removed.

4. Placement. No temporary sign shall be attached to trees, shrubbery, utility poles, or traffic control signs or devices. They shall not obstruct or obscure primary signs on adjacent premises.

10.A.b
Packet Pg. 1090 Attachment: CDD-Ord_Sign Amendments (Promenade) 10.22.24 [Revision 1] (6556 : Third Street Promenade Economic Recovery Interim 9 5. Public Hazard. No temporary sign shall be erected or maintained that, by reason of its size, location, or construction, constitutes a hazard to the public or impairs accessibility.

6. Collection of Temporary Signs Placed in the Public Right-of-Way. The City may collect temporary signs placed in the public right-of-way that are not authorized by this Chapter. The recovery and disposition of any such sign is governed by Section

9.61.280.

B. Authorized Temporary Signage in Any Residential Zone. In any residential zone, temporary signage shall be allowed for each and every parcel without issuance of a permit and shall not affect the amount of type of signage otherwise allowed by this Code as follows:

1. At any time, up to 2 temporary signs of up to 8 square feet in sign area or one temporary sign of up to 16 square feet in sign area and one window sign of no more than 4 square feet in sign area;

2. At any time, light-bulb strings;

3. Up to 120 days (consecutive or nonconsecutive) per calendar year, up to 2 additional signs of up to 8 additional square feet of sign area or one sign of up to 16 square feet in sign area; or

4. Public signs, provided that they are not of the type prohibited by paragraphs (1) through (4) and (9) through (12) of Section 9.61.180(A).

C. Authorized Temporary Signage in Any Commercial Zone. In any commercial or industrial zone, temporary signage shall be allowed for each and every parcel without

10.A.b
Packet Pg. 1091 Attachment: CDD-Ord_Sign Amendments (Promenade) 10.22.24 [Revision 1] (6556 : Third Street Promenade Economic Recovery Interim 10 issuance of a permit and shall not affect the amount or type of signage otherwise allowed by this Chapter as follows:

1. At any time, up to 2 temporary signs of up to 10 square feet in sign area or one temporary sign of up to 20 square feet in sign area;

2. Up to 120 days (consecutive or nonconsecutive) per calendar year, up to 2 additional freestanding signs of up to 8 additional square feet of sign area or one sign of up to 16 square feet in sign area;

3. For one 60-day period per calendar year, one temporary on-premises banner not exceeding 20% of the front building façade area or one 100 square feet, whichever is less, not extending above the second-floor floor line;

4. For the duration of the temporary use authorized pursuant to Santa Monica Municipal Code Section 9.31.370, a temporary sign not to exceed 16 square feet in sign area;

45. For two 30-day periods in any calendar year, a temporary window signs not to exceed 20% of the first floor's total frontage glass area and that do not extend above the second-floor floor line; or

56. Public signs, provided that they are not of the type prohibited by subsections (1) through (4) and (9) through (12) of Section 9.61.180(A).

D. Within the Main Street Commercial Zoning District, each business shall be allowed one temporary on-premises sign in addition to the temporary signs authorized by subsection C, provided that the temporary sign complies with the following requirements:

1. The sign shall not be larger than 10 square feet in size;

10.A.b
Packet Pg. 1092 Attachment: CDD-Ord_Sign Amendments (Promenade) 10.22.24 [Revision 1] (6556 : Third Street Promenade Economic Recovery Interim 11 2. The sign face shall be no wider than 2.5 feet and no taller than 4 feet and limited on 2 sides/faces with a total square footage of sign area not to exceed 20 square feet;

3. The sign shall be a portable sign;

4. The sign is not of the type prohibited by subsections (1) through (4), (6), (7), and (9) through (12) of Section 9.61.180(A) or by Section 9.61.230; and

5. The sign shall be removed when the business is closed.

E. Within the Bayside Conservation District bound by 2nd Court, 3rd Court, Broadway, and Wilshire Boulevard, notwithstanding anything to the contrary in this Section, a temporary sign permitted by this Section may be displayed for up to 12 consecutive months. The Director may grant one 6-month extension for each 12-month period if a request is filed prior to the expiration of the initial 12-month period.

F. Temporary signs are prohibited signs, except as provided by this Section or otherwise exempt pursuant to Section 9.61.140.

Santa Monica Municipal Code Section 9.61.200 is hereby amended to read as follows:

9.61.200 Bayside Conservation (Promenade) District.

Notwithstanding anything to the contrary in this Chapter, the following signs all nonprohibited signs approved by the Review Body shall be permitted in some limited areas of the Bayside Conservation (Promenade) District for establishments with frontage on the Third Street Promenade on the following terms:

A. There shall be no limit on the maximum total sign area of permitted signs for signs that face the Third Street Promenade and signs on mid-block buildings with frontage on the Third Street Promenade that wrap an upper-level building corner.

10.A.b
Packet Pg. 1093 Attachment: CDD-Ord_Sign Amendments (Promenade) 10.22.24 [Revision 1] (6556 : Third Street Promenade Economic Recovery Interim 12 B. Signs that cover windows that service an occupied tenant space shall be required to have 50% visual transparency. Areas of glazing above 15 feet on single story buildings are exempt from this requirement.

C. Temporary signs shall be allowed in conformance with SMMC 9.61.160(E).

D. Projecting Signs that face the Third Street Promenade must be placed at least ten feet above the sidewalk,and may not project more than 42 inches from the building façade. Three-dimensional signs are Projecting Signs and sign area shall not exceed 10 square feet. Sign area for three-dimensional signs shall be measured as viewed from the Third Street Promenade elevation.

E. Notwithstanding anything to the contrary in this Chapter, the following prohibited signs are allowed in the Bayside Conservation (Third Street Promenade Area) District:

1. Subject to Section 9.61.200(F), below, animated signs, including but not limited to digital display signs composed of a sign face, building face, and/or any building or structural component that displays still images, scrolling images, moving images, or flashing images, including video and animation, through the use of grid lights, cathode ray projections, light emitting diode displays, plasma screens, liquid crystal displays, fiber optics, or other electronic media or technology that is either independent of or attached to, integrated into, or projected onto a building or structural component, and that may be changed remotely through electronic means.

2. On façades facing the Third Street Promenade, supergraphic signs consisting of an image projected onto a wall or printed on vinyl, mesh, or other material with or without written text, supported and attached to a wall by an adhesive and/or by using stranded cable and eye-bolts and/or other materials or methods.

10.A.b
Packet Pg. 1094 Attachment: CDD-Ord_Sign Amendments (Promenade) 10.22.24 [Revision 1] (6556 : Third Street Promenade Economic Recovery Interim 13 3. For establishments with frontage on the Third Street Promenade, Portable signs not of the type prohibited by subsections (1) through (7) and (9) through (12) of Section 9.61.180(A). The sign shall be removed when the business is closed.

4. For establishments with frontage on the Third Street Promenade, Upper Level signs are allowed on façades facing the Third Street Promenade, so long as they are not of the type prohibited by subsections (1) through (9) and (11) through (12) of Section 9.61.180(A).

F. Animated signs permitted pursuant to this Section are allowed on the following conditions:

1. Sign must be located only on a façade facing the Third Street Promenade.

2. For one-story buildings: maximum allowable sign area and placement shall be the area above the storefront up to the roof line and for the width of the tenant space.

3. For buildings of two-stories or greater, maximum allowable sign area shall be the area above the storefront up to the sill level of the second floor and for the width of the tenant space. The sign may be placed anywhere on the building façade so long as the maximum allowable sign area is not exceeded.

4. Signs may not cover windows.

5. Sign lighting shall not be of an intensity or brightness that will create a nuisance for properties in direct line of sight to the sign. Illumination is limited to 0.3 foot candles above ambient lighting at the property line, and a maximum brightness of 300 candelas per square meter at night (from sunset to sunrise), and 5,000 candelas per square meter during the day (sunrise to sunset).

6. Signs must be dimmable.

10.A.b
Packet Pg. 1095 Attachment: CDD-Ord_Sign Amendments (Promenade) 10.22.24 [Revision 1] (6556 : Third Street Promenade Economic Recovery Interim 14 7. The sign luminance contrast ratio shall not exceed 30:1.

8. The City may require a sign illumination plan in accordance with any adopted administrative regulations pursuant to this section as part of the application process to demonstrate compliance with all applicable standards.

9. Animated sign faces shall operate only between the hours of 6:00 a.m. and 2:00 a.m., and shall be turned off between the hours of 2:00 a.m. and 6:00 a.m.

10. Signs are not eligible for a sign adjustment under Section 9.61.130.

G. The City Manager shall have authority to adopt administrative regulations governing the specifications of signs permitted by this Section, including but not limited to regulations on brightness, refresh rate, and approval of a sign illumination plan including illumination testing protocols.

H. Nothing this Section would supersede the façade alteration requirements set forth in Santa Monica Municipal Code Section 9.55.

A. Portable Signs. A portable sign, provided that each such sign complies with the following requirements:

1. Limited to one portable sign for each business;

2. The sign is an A-frame or sandwich board type of portable sign;

3. The sign is placed within 12 feet directly in front of the building's frontage for the business utilizing such a sign, and so long as the sign is:
a. Not placed within 5 feet of a fire hydrant,
b. Not placed within 5 feet of a corner at an intersection, c. Not secured to any existing City- or public utility-owned facility, including, but not limited to, poles or trees, and

10.A.b
Packet Pg. 1096 Attachment: CDD-Ord_Sign Amendments (Promenade) 10.22.24 [Revision 1] (6556 : Third Street Promenade Economic Recovery Interim 15 d. Not placed so that less than a 5-foot contiguous sidewalk width is kept clear for pedestrian passage at all times;

4. The sign shall not be larger than 10 square feet in size;

5. The sign face shall be no wider than 2.5 feet and no taller than 4 feet and limited on 2 sides/faces with a total square footage of sign area not to exceed 20 square feet;

6. The sign is not of the type prohibited by subsections (1) through (7) and (9) through (12) of Section 9.61.180(A);

7. The sign shall be removed when the business is closed; and

8. The sign is affixed with a decal in a manner that is clearly visible to the public.

B. Upper-Level Signs. An upper-level sign that does not affect the total sign area, provided that each such sign complies with the following requirements:

1. Limited to no more than 2 upper-level signs per business;

2. The sign is not placed above the third-floor floor line;

3. The sign is either: (a) a banner sign with a sign area not to exceed 10 square feet and a letter height not to exceed 24 inches, or (b) a projecting sign not more than 5 feet high and 2 feet wide with a letter height not to exceed 18 inches or logo height not to exceed 24 inches;

4. The maximum projection over the public right-of-way is no more than 42 inches; and

5. The sign is not of the type prohibited by subsections (1) through (9) and (11) through (12) of Section 9.61.180(A).

10.A.b
Packet Pg. 1097 Attachment: CDD-Ord_Sign Amendments (Promenade) 10.22.24 [Revision 1] (6556 : Third Street Promenade Economic Recovery Interim 16 Santa Monica Municipal Code Section 9.61.210 is hereby amended to read as follows:

9.61.210 Maintenance.

A. All signs and sign support structures, together with all of their supports, braces, guys, and anchors, shall be kept in repair and in proper state of preservation.

B. The display surfaces of all signs shall be kept neatly painted or posted at all times.

C. Whenever an existing sign is removed as part of any approval granted pursuant to this Chapter, the building façade shall be patched and repaired in a manner consistent with the adjacent, undamaged finish surface. Any provision of the Santa Monica Municipal Code or appendices thereto inconsistent with the provisions of this Ordinance, to the extent of such inconsistencies and no further, is hereby repealed or modified to that extent necessary to effect the provisions of this Ordinance.

SECTION 2. 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 3. The Mayor shall sign and the City Clerk shall attest to the passage of this Ordinance. The City Clerk shall cause the same to be published once in the official newspaper within 15 days after its adoption. Pursuant to Sections 615 and 619 of the City Charter, for reasons stated in the above recitals, the City Council declares this ordinance to be necessary as an emergency measure for preserving the public peace,

10.A.b
Packet Pg. 1098 Attachment: CDD-Ord_Sign Amendments (Promenade) 10.22.24 [Revision 1] (6556 : Third Street Promenade Economic Recovery Interim 17 health, and safety, with the result that this ordinance shall be introduced and adopted at the same meeting, shall become effective immediately upon its adoption.

APPROVED AS TO FORM:
_________________________
Douglas Sloan, City Attorney

10.A.b
Packet Pg. 1099 Attachment: CDD-Ord_Sign Amendments (Promenade) 10.22.24 [Revision 1] (6556 : Third Street Promenade Economic Recovery Interim 1 David Yakobson
From: Lisa Arden <[email protected]>
Sent: Monday, October 21, 2024 6:49 PM
To: Phil Brock; [email protected]; Gleam Davis; Christine Parra; Jesse Zwick; Caroline Torosis; Oscar de la Torre; David Martin; councilmtgitems Subject: Item 10-A
Follow Up Flag: Follow up
Flag Status: Flagged

EXTERNAL
October 21, 2024
Hon. Members of the City Council,
I am Lisa Arden, the long-time owner of the Santa Monica Antique & Vintage Market.

We operate our popular open-air market at the Santa Monica Airport on the first and fourth Sundays of each month. We’re proud to have earned the reputation as a destination for decorators, designers, boutique owners, families and collectors of all ages, and have been featured in national media.

Tomorrow night, I urge you to approve the proposed amendments allowing open-air markets to operate in office campus districts and other locations set forth in the Staff Report.

When adopted, these changes will allow us to identify and secure an alternative location for the three months that the Frieze art show is conducted at the Airport space we use.

Last year’s temporary closure during the art show – January, February and March – was very difficult for our vendors. Some of them reported losses of almost 25% of their annual revenues due to the threemonth displacement. The vendors’ losses, and the unavailability of our popular market to customers, are reasons we regard the adoption of the proposed amendments as an urgent matter.

We believe that the Antique & Vintage Market could operate beautifully in under-utilized surface parking in the Office Campus district. A large parking lot could accommodate vendors’ booths and on-site customer parking.

We’re extremely excited by the prospect of operating year-round within the City of Santa Monica.

I truly appreciate your consideration of the interim ordinance and hope you will adopt it on Tuesday night.

Thanks very much for your consideration.

Sincerely,
Lisa Arden - Owner & Producer; MarketPlace Productions
Item 10-A
October 22, 2024
Item 10-A
October 22, 2024

10.A.c
Packet Pg. 1100 Attachment: Written Comments (6556 : Third Street Promenade Economic Recovery Interim Zoning Ordinance) October 22, 2024
Santa Monica City Council
1685 Main Street, Room 250
Santa Monica, CA 90401
Subject: Support for Emergency Ordinance Amending the Sign Code to Increase Flexibility for Signage in the Bayside Conservation District and the Third Street Promenade Area
Dear Members of the Santa Monica City Council,
We at three6ixty would like to express our support for the proposed Emergency Ordinance that would amend the sign code to increase flexibility for signage on Third Street Promenade. As a land use consulting firm that has represented hundreds of small businesses, including quick-serve restaurants, we believe that updating the sign code will help to revitalize the Promenade and foster economic growth.

Currently, the existing sign code is restrictive and has been an impediment to small businesses by placing limitations on how they can effectively market themselves.

This has hindered the ability of both new and established businesses to attract foot traffic, particularly in an era where e-commerce and delivery apps have increasingly drawn consumers away from brick-and-mortar businesses. Relaxing these provisions will allow businesses more creative freedom to design signage that better reflects their brand, draws attention to their storefronts, and contributes to the vibrancy of the Promenade.

We believe these changes will not only benefit individual businesses, but also enhance the overall appeal of Third Street Promenade. Thoughtfully designed, attractive signage will contribute to placemaking and the economic vitality of the Promenade. Increased foot traffic and visibility for businesses will result in a stronger local economy, more job opportunities, and an enriched public experience for residents and tourists alike.

Given the ongoing challenges current and potential tenants are facing with the current sign code, we urge the City Council to adopt this Emergency Ordinance. The elimination of outdated signage provisions is a positive move for existing and new businesses that have been negatively impacted by vacancies since the COVID-19 pandemic. The City of Santa Monica’s economic health depends on its ability to adapt and support local businesses in their effects to recover and/or grow.

Thank you for your time and consideration. We hope you will support this Emergency Ordinance and continue working to ensure that the Third Street Promenade remains a vibrant, thriving center of commerce for years to come.

Sincerely,
three6ixty
Item 10-A
October 22, 2024
Item 10-A
October 22, 2024

10.A.c
Packet Pg. 1101 Attachment: Written Comments (6556 : Third Street Promenade Economic Recovery Interim Zoning Ordinance) 1 David Yakobson
From: Myca Tran <[email protected]>
Sent: Tuesday, October 22, 2024 11:34 AM
To: councilmtgitems
Subject: Written Public Comment for Item 10.A. - Support for the Emergency Ordinance Amending the Sign Code
Attachments: City Council Meeting - 360 Public Comment 10222024.pdf

EXTERNAL
Dear Members of the Santa Monica City Council,
Attached is our letter of support for the Emergency Ordinance amending the Sign Code to increase flexibility for signage in the Bayside Conservation District and the Third Street Promenade Area.

Thank you.

Best,
Myca

Item 10-A
October 22, 2024
Item 10-A
October 22, 2024

10.A.c
Packet Pg. 1102 Attachment: Written Comments (6556 : Third Street Promenade Economic Recovery Interim Zoning Ordinance) 1 David Yakobson
From: Jill Evans <[email protected]>
Sent: Monday, October 21, 2024 1:28 PM
To: councilmtgitems
Subject: Item 10A - Support

EXTERNAL
Dear Santa Monica City Council Members,
My name is Jill Evans. I am writing to express my strong support for the draft interim zoning ordinance, described in Item 10A on your agendas, which will allow open-air markets and other outdoor events in the Downtown area and the Office Campus District.

If I may, I will focus this email on the Santa Monica Antique and Vintage Market, which has operated for many years, twice a month, at the Santa Monica airport. The Market provides a wonderful outdoor shopping experience in a friendly and creative atmosphere.

As you may know, the Market is unable to operate consistently at the airport property due to the presence of an art show at the Market’s customary site. I understand that the 3-month displacement of the Market causes considerable hardship for the vendors and eliminates a memorable shopping experience for community members and visitors. This could be solved through the adoption of the interim ordinance.

The interim ordinance will enable the Market to operate on Sundays in parking lot space at the Santa Monica Business Park (BXP) on 28th Street, which is only a mile and a half from the Market’s usual airport location. It is very easy to get to and will provide sufficient space for parking and shopping.

I ask you to adopt the Ordinance on Tuesday night and create retail opportunities for the Market and other outdoor activities in the districts that the Staff identifies in its report.

Sincerely,
Jill Evans
Item 10-A
October 22, 2024
Item 10-A
October 22, 2024

10.A.c
Packet Pg. 1103 Attachment: Written Comments (6556 : Third Street Promenade Economic Recovery Interim Zoning Ordinance) 1 David Yakobson
From: Kathleen Matson <[email protected]>
Sent: Monday, October 21, 2024 10:48 AM
To: councilmtgitems
Subject: Item 10A -SUPPORT

EXTERNAL
October 20, 2024
Santa Monica City Council
Via email
City Council Members,
On Tuesday evening you have an opportunity to promote economic recovery in Santa Monica’s Downtown, including the Third Street Promenade area, and in the Office Campus District. I urge you to adopt the Interim Zoning Regulations.

The Office Campus piece of the interim ordinance is of great interest to me. Driving past the Santa Monica Business Park on a Saturday or Sunday makes me wonder why there is nothing going on in the spacious and well-maintained parking lots. They are virtually empty.

I heard from a friend of mine who owns and operates the Antique and Vintage Market at the airport, that the entire Market operation must pull up stakes in January through March 2025 because a large art show books the same airport site that the Market uses.

The Market is virtually out of business for the first quarter of the year. This pause negatively impacts the Market’s vendors, many of whom depend on their Market receipts to make a living. It also removes from the community a fun and well-operated shopping experience.

January 2025 is just around the corner. I’m concerned about the Antique and Vintage Market’s wellbeing during those down months. But I’m also eager to see new open-air events fill under-utilized spaces.

I hope that Council Members don’t miss a chance to activate other areas called out in the Staff Report – perhaps by the winter holidays – and vote on Tuesday night to realize the Amendments to the Interim Regulations.

Respectfully,
Kathleen Matson
Item 10-A
October 22, 2024
Item 10-A
October 22, 2024

10.A.c
Packet Pg. 1104 Attachment: Written Comments (6556 : Third Street Promenade Economic Recovery Interim Zoning Ordinance) 2 David Yakobson
From: shelley zellman <[email protected]>
Sent: Monday, October 21, 2024 10:37 AM
To: councilmtgitems
Subject: Suppport Item 10.A

EXTERNAL
Dear Council Members,
I’d like to voice my support for City Staff’s recommendation outlined in Item 10-A.

This practical and forward-looking proposal will allow the operation of open air markets downtown and in the office campus districts.

The proposed changes will allow the much-loved Santa Monica Antique Market to operate at an alternative location during the Frieze art show, which occupies the market’s usual location at the SM Airport during January, February and March.

I think that the empty parking lots at the SM Business Park would be an ideal alternative location. On Sundays, there is space to sell and space to park.

Adopting those changes would be great news for the market’s diverse and hardworking vendors, who have seen their profits plunge during the three-month downtime.

The public will welcome the opportunity to browse and shop in the open air.

People bring unoccupied spaces to life.

That vitality is key to promoting Santa Monica’s recovery and maintaining an optimistic civic culture.

Thank you for considering my input on this matter.

Best regards,
Shelley Zelman
Item 10-A
October 22, 2024
Item 10-A
October 22, 2024

10.A.c
Packet Pg. 1105 Attachment: Written Comments (6556 : Third Street Promenade Economic Recovery Interim Zoning Ordinance) 3 David Yakobson
From: Andrew Thomas <[email protected]>
Sent: Monday, October 21, 2024 8:48 AM
To: councilmtgitems; Phil Brock; Lana Negrete; Gleam Davis; Oscar de la Torre; Christine Parra; Jesse Zwick; Caroline Torosis
Cc: David White; David Martin; Jennifer Taylor
Subject: RE: Council Agenda Item 10A: Interim Zoning Ordinance to Promenade Economic Recovery
Attachments: DTSM Inc IZO Support Letter 10.21.24.pdf

EXTERNAL
Dear Mayor Brock, Mayor Pro Tem Negrete, and Honorable Council Members, Downtown Santa Monica, Inc. (DTSM, Inc.) fully supports the City of Santa Monica staff's recommendation to update the interim zoning ordinance to promote economic recovery by increasing flexibility and streamlining approvals in the Downtown area. Additionally, we support the adoption of an emergency ordinance amending the sign code to increase flexibility for signage within the Bayside Conservation District and the Third Street Promenade.

At its October 10, 2024, meeting, the DTSM, Inc. Board of Directors unanimously agreed to endorse these updates as part of our ongoing commitment to making Downtown Santa Monica as business friendly as possible. These updates include provisions for Promenade-facing animated signs, removal of limitations on permitted static signs, an extended timeframe for temporary signage, and expanded flexibility in land use and alcohol service exemptions.

Specifically, these updates would provide:

Flexibility in Land Use
 Elimination of public hearing requirements for certain land uses in the Bayside Commercial District.
 Continuation of the existing prohibited uses.
 Simplified reviews for commercial entertainment and recreational uses.  Larger restaurants, up to 7,500 square feet, would be permitted without the need for public hearings, provided they meet specific conditions.
 Game arcades would be allowed without having to meet overly burdensome zoning requirements. o Note: "Barcades" would now fall under existing classifications such as Commercial Entertainment & Recreation or Bars.

Alcohol Exemptions
The proposed updates would extend alcohol service allowances across the entire Bayside Conservation Zone, including:
 Restaurants and food halls
Item 10-A
October 22, 2024
Item 10-A
October 22, 2024

10.A.c
Packet Pg. 1106 Attachment: Written Comments (6556 : Third Street Promenade Economic Recovery Interim Zoning Ordinance) 4  Bars, nightclubs, and lounges
 Convenience markets and liquor stores
 Cultural facilities and instructional services
 Outdoor rooftop commercial uses
 Commercial entertainment and recreation
 Retail sales
Signage Updates
 Non-Animated Signs: Promenade-facing signs would have no restrictions on size, while nonPromenade facing signs would remain subject to the regular Sign Code. Prohibited signs, such as roof signs, would remain unchanged.
 Temporary Signs: The updates would allow temporary signs for up to one year, with the possibility of a six-month extension. These signs would be exempt from the Sign Code if authorized by a City lease or Temporary Use Permit.
 Animated Signs: Animated signs would be allowed, subject to certain illumination standards, but only if they face the Promenade. Placement and size of the signs would be regulated, ensuring they do not cover windows or exceed the area designated between the storefront and the secondfloor window sill.

These changes represent a critical step in supporting the economic recovery of small businesses within Downtown Santa Monica. By removing unnecessary barriers and providing new opportunities for businesses to thrive, these updates will help create a more dynamic, engaging environment for both locals and visitors.

We greatly appreciate your consideration of these important initiatives and thank you for your continued support in revitalizing and strengthening the Downtown Santa Monica community.

Respectfully,
Andrew Thomas, LPM
Chief Executive Officer
Downtown Santa Monica, Inc.
1351 Third Street Promenade, Ste. 201
Santa Monica, CA 90401
310.393.8355 (Office)
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Item 10-A
October 22, 2024
Item 10-A
October 22, 2024

10.A.c
Packet Pg. 1107 Attachment: Written Comments (6556 : Third Street Promenade Economic Recovery Interim Zoning Ordinance) 1351 Third Street Promenade, Suite 201, Santa Monica, CA I 310.393.8355 I [email protected] Santa Monica City Council
City of Santa Monica
1685 Main Street
Santa Monica, CA 90401
October 21, 2024
RE: Council Agenda Item 10A: Interim Zoning Ordinance to Promenade Economic Recovery Dear Mayor Brock, Mayor Pro Tem Negrete, and Honorable Council Members, Downtown Santa Monica, Inc. (DTSM, Inc.) fully supports the City of Santa Monica staff's recommendation to update the interim zoning ordinance to promote economic recovery by increasing flexibility and streamlining approvals in the Downtown area. Additionally, we support the adoption of an emergency ordinance amending the sign code to increase flexibility for signage within the Bayside Conservation District and the Third Street Promenade.

Specifically, these updates would provide:

Flexibility in Land Use
• Elimination of public hearing requirements for certain land uses in the Bayside Commercial District.
• Continuation of the existing prohibited uses.
• Simplified reviews for commercial entertainment and recreational uses. • Larger restaurants, up to 7,500 square feet, would be permitted without the need for public hearings, provided they meet specific conditions. • Game arcades would be allowed without having to meet overly burdensome zoning requirements.
o Note: "Barcades" would now fall under existing classifications such as Commercial Entertainment & Recreation or Bars.

Alcohol Exemptions
The proposed updates would extend alcohol service allowances across the entire Bayside Conservation Zone, including:
• Restaurants and food halls
• Bars, nightclubs, and lounges
• Convenience markets and liquor stores
• Cultural facilities and instructional services
• Outdoor rooftop commercial uses
Item 10-A
October 22, 2024
Item 10-A
October 22, 2024

10.A.c
Packet Pg. 1108 Attachment: Written Comments (6556 : Third Street Promenade Economic Recovery Interim Zoning Ordinance) 1351 Third Street Promenade, Suite 201, Santa Monica, CA I 310.393.8355 I [email protected] • Commercial entertainment and recreation
• Retail sales
Signage Updates
• Non-Animated Signs: Promenade-facing signs would have no restrictions on size, while non-Promenade facing signs would remain subject to the regular Sign Code. Prohibited signs, such as roof signs, would remain unchanged.
• Temporary Signs: The updates would allow temporary signs for up to one year, with the possibility of a six-month extension. These signs would be exempt from the Sign Code if authorized by a City lease or Temporary Use Permit.
• Animated Signs: Animated signs would be allowed, subject to certain illumination standards, but only if they face the Promenade. Placement and size of the signs would be regulated, ensuring they do not cover windows or exceed the area designated between the storefront and the second-floor window sill.

We greatly appreciate your consideration of these important initiatives and thank you for your continued support in revitalizing and strengthening the Downtown Santa Monica community.

Respectfully,
Andrew Thomas
Chief Executive Officer
Downtown Santa Monica, Inc.

CC: City Manager David White
Community Development Director David Martin
Economic Development Manager Jennifer Taylor
Item 10-A
October 22, 2024
Item 10-A
October 22, 2024

10.A.c
Packet Pg. 1109 Attachment: Written Comments (6556 : Third Street Promenade Economic Recovery Interim Zoning Ordinance) 5 David Yakobson
From: [email protected]
Sent: Sunday, October 20, 2024 4:22 PM
To: councilmtgitems
Subject: Agenda Item 10-A

EXTERNAL
Dear City Council Members:

We would like to express our strong support for City Staff’s recommendation to make amendments to the interim zoning regulations which will promote economic recovery in the Promenade area and Office Campus District.

As regular visitors to the Santa Monica Antique Market, we especially appreciate the inclusion of the office campus area in the ordinance. The market currently operates at the Santa Monica Airport on the first and fourth Sundays of the month.

It is a well-run and successful operation, which provides a unique shopping experience for community shoppers, collectors, and design professionals. However, the operation of the market is hindered by the Frieze art show’s use of the airport space. As we understand it, the market operator has been seeking an alternative site, and the Santa Monica Business Park has been identified as an excellent location.

Permitting the market to operate at the business park would be a win for the community. The market would be located within a short drive of its current site, and would activate the business park’s parking lot space, which largely goes unused on Sundays.

Your approval of this ordinance on Tuesday night will help bring down obstacles to the business activity that Santa Monica badly needs.

We urge you to adopt the ordinance.

Thank you for your time and attention.

Ken and Joy Abbott
1745 Sunset Avenue
Santa Monica CA 90405
Item 10-A
October 22, 2024
Item 10-A
October 22, 2024

10.A.c
Packet Pg. 1110 Attachment: Written Comments (6556 : Third Street Promenade Economic Recovery Interim Zoning Ordinance) 6 David Yakobson
From: AT&T MAIL POLICY‣◹ <[email protected]>
Sent: Sunday, October 20, 2024 11:14 AM
To: councilmtgitems
Subject: Item 10A - support

EXTERNAL
Santa Monica Council Members:

Please approve the proposed zoning regulations allowing open-air markets in the office campus district.

These changes will allow the popular Santa Monica Antique Market, which currently operates two Sundays a month at the airport, to operate at the Santa Monica Business Park.

I appreciate your consideration.

Thank you,
Roger Hoffheimer
Item 10-A
October 22, 2024
Item 10-A
October 22, 2024

10.A.c
Packet Pg. 1111 Attachment: Written Comments (6556 : Third Street Promenade Economic Recovery Interim Zoning Ordinance) 7 David Yakobson
From: Emily Hillgren <[email protected]>
Sent: Saturday, October 19, 2024 12:17 PM
To: councilmtgitems
Subject: Item 10-A - 10.22.24 Agenda - Santa Monica Antique & Vintage Market

EXTERNAL
Dear Santa Monica Council Members,
I’m writing to ask you to you adopt the new ordinance described in item 10A on your Tuesday evening agenda.

I support this ordinance.

As I understand it, the new ordinance will help create an opportunity for the Santa Monica Antique and Vintage Market, which is open two Sundays every month, to move its operation from the SM airport to the Office Campus District.

I think the SM Business Park on Ocean Avenue is the perfect spot for the Market.

On non-business days, there is plenty of surface parking for market patrons and vendors at the office park.

As a regular at the Antique Market, I know how important it is to have outdoor spaces where friends and family can meet up and shop for clothes, furniture, kitchen equipment, and other unique pre-used and new items.

I really hope to see it thrive in another location under this temporary ordinance.

I hope you will adopt it on Tuesday night.

Thank you for considering my point of view.

Best regards,
Emily Hillgren
Emily Rice Hillgren
Founder, Indigo Projects
[email protected]
Office: 310.299.6089
Cell: 949.307.5759
www.indigoprjcts.com
Item 10-A
October 22, 2024
Item 10-A
October 22, 2024

10.A.c
Packet Pg. 1112 Attachment: Written Comments (6556 : Third Street Promenade Economic Recovery Interim Zoning Ordinance) 8 David Yakobson
From: Muna Deriane <[email protected]>
Sent: Saturday, October 19, 2024 12:01 PM
To: councilmtgitems
Subject: Item 10-A - 10-22-24 agenda, Santa Monica Antique & Vintage Market

EXTERNAL
Dear Mayor Brock and Council Members,
I am a regular visitor to the popular Santa Monica Antique & Vintage Market, which has operated out of the Santa Monica Airport for many years. The Market is a popular attraction for community members young and old, as well as for design professionals.

Unfortunately, the Market is regularly displaced by the Frieze art market and is unable to operate on the airport property during that time. This negatively impacts the vendors and deprives the public of a great place to shop, meet friends, and enjoy the local open-air experience.

Therefore, I urge you to approve the economic recovery regulations that will allow the Santa Monica Antique Market to operate in the office campus district, which is a mere mile and a half away from the airport.

I appreciate your attention.

Sincerely,
Muna Deriane, DPPD, MBA
Item 10-A
October 22, 2024
Item 10-A
October 22, 2024

10.A.c
Packet Pg. 1113 Attachment: Written Comments (6556 : Third Street Promenade Economic Recovery Interim Zoning Ordinance) 9 David Yakobson
From: Alex Brown <[email protected]>
Sent: Friday, October 18, 2024 2:33 PM
To: councilmtgitems; Caroline Torosis; Jesse Zwick; Christine Parra; Phil Brock; Oscar de la Torre; Gleam Davis; Lana Negrete
Cc: David White; David Martin; Tony Kim; Judy Kruger (Santa Monica Chamber of Commerce)
Subject: LOS for Staff Recommended Interim Zoning Regulation Amendments (Agenda Item 10a)
Attachments: LOS October 22.pdf

EXTERNAL
Hello City Council,
Please see attached for a Letter of Support from the Santa Monica Chamber of Commerce for the interim zoning item 10a on next week's City Council meeting agenda.

Thank you,
Alex
Item 10-A
October 22, 2024
Item 10-A
October 22, 2024

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Packet Pg. 1114 Attachment: Written Comments (6556 : Third Street Promenade Economic Recovery Interim Zoning Ordinance) Economic Recovery Ordinances
City Council
October 22, 2024

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Packet Pg. 1115 Attachment: PowerPoint Presentation (6556 : Third Street Promenade Economic Recovery Background & Purpose
• Background
• Two rounds of zoning changes to support economic recovery in the Promenade area
• Flexibility in land uses
• Substantially expand alcohol service to variety of land uses without public hearing
• Allow longer-term for temporary uses
• Why Now?
• Respond to recent proposals (e.g. signage, restaurants) • Focus of changes
• Support experiences and entertainment
• Support trend for “pop-up” uses
• Flexibility for creative signs

10.A.d
Packet Pg. 1116 Attachment: PowerPoint Presentation (6556 : Third Street Promenade Economic Recovery Downtown Business Activity in 2024
22 New
Businesses
Have
Opened
26 Businesses
Coming
Soon
13 Businesses
Have
Closed
6 of the (13)
have been
re-leased
3 Businesses
have
relocated
within
DTSM
1 Existing
Business
has
opened a
new
location in
DTSM

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Packet Pg. 1117 Attachment: PowerPoint Presentation (6556 : Third Street Promenade Economic Recovery 22 New Businesses Have Opened

10.A.d
Packet Pg. 1118 Attachment: PowerPoint Presentation (6556 : Third Street Promenade Economic Recovery 26 Businesses Coming Soon

10.A.d
Packet Pg. 1119 Attachment: PowerPoint Presentation (6556 : Third Street Promenade Economic Recovery Third Street Promenade Ground Level Occupancy
Occupied Vacant Total Occupancy
Rate
Vacancy
Rate
1200 Block 20 6 26 76.9% 23.1%
1300 Block 32 3 35 91.4% 8.6%
1400 Block 29 7 36 80.6% 19.4%
Entire
Third Street
Promenade
81 16 97 83.5% 16.5%
DTSM 453 110 563 80.5% 19.5%

10.A.d
Packet Pg. 1120 Attachment: PowerPoint Presentation (6556 : Third Street Promenade Economic Recovery Downtown Development Snapshot
• Hospitality • New Investment & Economic Recovery
Underway
• Over $1 Billion Investment by Current
Operators • Georgian Hotel • Sonder The Beacon (former Shangri -La)
• The Pierside (former Wyndham Hotel) • Sandbourne (former Le Merigot) • Regent Santa Monica Beach (former Loews Hotel)
• Miramar Hotel • Ocean Avenue Hotel
• Housing • Under Construction: 491 units • Approved: 1,222 units • Pending: 913 units

10.A.d
Packet Pg. 1121 Attachment: PowerPoint Presentation (6556 : Third Street Promenade Economic Recovery What’s New?
• Zoning Changes
• Flexibility for land uses
• Expand Alcohol Exemption allowances to cover both sides of 2nd & 4th Streets
• Update Sign Code
• For signs facing the Promenade
• No limits to permitted static signs
• Animated signs
• Extended timeframes for temporary signs

10.A.d
Packet Pg. 1122 Attachment: PowerPoint Presentation (6556 : Third Street Promenade Economic Recovery Flexibility in Land Uses
• Generally remove public hearing requirement
from land uses in Bayside Conservation District
• Prohibited uses proposed to stay the same
• Highlights
• Simplify review for commercial entertainment and
recreation
• Allow larger restaurants up to 7,500 sf without public hearing provided they meet certain conditions
• Allow game arcades without meeting onerous
requirements in zoning ordinance
• Note that “barcades” would currently fall under
classifications like Commercial Entertainment &
Recreation or Bars
What is the Bayside
Conservation District?
2nd Street (both sides),
4th Street (both sides),
Wilshire Boulevard,
Broadway

10.A.d
Packet Pg. 1123 Attachment: PowerPoint Presentation (6556 : Third Street Promenade Economic Recovery Alcohol Exemption ("AE") • Alcohol Service allowed through AE process in entire BC Zone • Restaurants and Food Halls • Bars/Nightclubs/Lounges • Convenience Markets and Liquor Stores
• Cultural Facilities and Instructional
Services
• Outdoor Rooftop Commercial Uses • Commercial Entertainment & Recreation
• Retail Sales

10.A.d
Packet Pg. 1124 Attachment: PowerPoint Presentation (6556 : Third Street Promenade Economic Recovery Sign Code Changes: Promenade - Facing Signs
• Promenade Facing
• Would allow permitted signs
that are non-animated to be
of any size (i.e. no size
restrictions)
• Non-Promenade Facing
• Subject to regular Sign Code
• Prohibited Signs Remain
• Off-Premise Signs
• Roof Signs
• Pole Signs
• Plastic Streamers & Posters
• Vehicle Signs

10.A.d
Packet Pg. 1125 Attachment: PowerPoint Presentation (6556 : Third Street Promenade Economic Recovery Promenade
- Facing Sign Changes
Tenant Space Window Signage • 50% Transparency • Coverage or visually transparent High-Volume Single-Story Storefronts
• 50% transparency not applicable for
glazing surfaces above 15’ height
Supergraphic Signs • Vinyl wraps on building facades
that enhance business visibility
and visual interest/design

10.A.d
Packet Pg. 1126 Attachment: PowerPoint Presentation (6556 : Third Street Promenade Economic Recovery Promenade
- Facing Sign Changes
Projecting Signs
Greater Allowance of Projecting Signs,
Including 3-D Projecting Signs
Adds visual depth, creativity to building
facades and could enhance design of
tenant spaces for businesses.

10.A.d
Packet Pg. 1127 Attachment: PowerPoint Presentation (6556 : Third Street Promenade Economic Recovery Temporary Signs
• Allow temporary signs for 1 year • Possibility of 6-month extension • Temporary signs exempt from Sign Code • Authorized by City lease • Authorized by Temporary Use Permit

10.A.d
Packet Pg. 1128 Attachment: PowerPoint Presentation (6556 : Third Street Promenade Economic Recovery • Would allow animated signs
subject to certain illumination
standards
• Where would it be allowed?
• Must face Promenade only
• Allowed above storefront and
up to roof line if there is only 1
story
• Cannot cover any windows
• Administrative Regulations
• Establish sign illumination
testing protocols.

Animated / Digital Display Signs
On-Premise Signs: Tenant/Business Space Related
** Not for Off-Site Advertisement

10.A.d
Packet Pg. 1129 Attachment: PowerPoint Presentation (6556 : Third Street Promenade Economic Recovery • Would allow animated signs
subject to certain illumination
standards
• Where would it be allowed?
• Must face Promenade only
• Allowed above storefront and
up to roof line if there is only 1
story
• Cannot cover any windows
• Administrative Regulations
• Establish sign illumination
testing protocols.

Animated / Digital Display Signs – 1-Story Bldgs
On-Premise Signs: Tenant/Business Space Related
** Not for Off-Site Advertisement

10.A.d
Packet Pg. 1130 Attachment: PowerPoint Presentation (6556 : Third Street Promenade Economic Recovery Animated / Digital Display Signs – 1-story Bldgs
• Would allow animated signs
subject to certain illumination
standards
• Where would it be allowed?
• Must face Promenade only
• Allowed above storefront and
up to roof line if there is only 1
story
• Cannot cover any windows
• Administrative Regulations
• Establish sign illumination
testing protocols.

10.A.d
Packet Pg. 1131 Attachment: PowerPoint Presentation (6556 : Third Street Promenade Economic Recovery Allowable Size/Sign Area
• Determined by façade
area above storefront and
2nd floor window sill
Placement
• Sign could be placed
anywhere on the façade so
long as area isn’t exceeded
• Cannot cover any windows
Animated / Digital Display Signs – Over 1-story

10.A.d
Packet Pg. 1132 Attachment: PowerPoint Presentation (6556 : Third Street Promenade Economic Recovery Allowable Size/Sign Area • Determined by façade
area above storefront and 2nd floor window sill
Placement • Sign could be placed
anywhere on the façade so
long as area isn’t exceeded
• Cannot cover any windows
Animated / Digital Display Signs

10.A.d
Packet Pg. 1133 Attachment: PowerPoint Presentation (6556 : Third Street Promenade Economic Recovery Pilot Program for Exclusively Outdoor Uses
• Evolution of Outdoor Commercial
Uses on Private Property Program
• Pilot Program in the Office Campus
(OC) District: Temporary Events
• Development Agreements would still
govern if applicable
• Open-Air Market Activities
• Antique Markets
• Food Markets
• Surface Parking Lots
• Min. 500 feet from Residential Uses
• Parking/Loading Plans Required
• Max. 4x /month, 5 consecutive days
• 7am-11pm
Office Campus (OC)
Districts

1. Ocean Park Blvd
(SM Airport)

2. Colorado Ave
(Water Garden Area)

10.A.d
Packet Pg. 1134 Attachment: PowerPoint Presentation (6556 : Third Street Promenade Economic Recovery Recommendation
Recommendation to adopt the proposed Ordinances:

1. Amend IZO 2761 (CCS) to Promote Economic Recovery by Increasing Flexibility in the City’s Downtown Area, Establishing a Pilot Program to Allow Exclusively Commercial Outdoor Uses in the Office Campus District, other Minor and Clerical Amendments.

2. Adopt Emergency Ordinance Amending SMMC 9.61: Signs to Increase Flexibility for Signage in the Bayside Conservation District & Third Street Promenade Area, other Minor Changes to Promote Economic Recovery

10.A.d
Packet Pg. 1135 Attachment: PowerPoint Presentation (6556 : Third Street Promenade Economic Recovery City Council
Report
City Council Meeting: October 22, 2024
Agenda Item: 14.A
1 of 3
To: Mayor and City Council
From: Douglas Sloan, City Attorney, City Attorney's Office, Administration Subject: Adoption of a Resolution Applying to Councilmembers Laws Applicable to City Employees and Council Appointees
Recommended Action
Staff recommends the City Council:

1. Adopt the Resolution Adopting Administrative Instruction Nos. III-2-3 Discrimination, Harassment, Abusive Conduct, and Retaliation Prevention Policy and Complaint Procedure; III-2-4, Violence in the Workplace; III-2-6, Code of Ethics, Council Rules, and Certain Other Laws, to be Applicable to City Councilmembers and Providing for Processes for Investigating and Resolving Alleged Violations;

2. Discussion and Consideration of Formation of an Ethics Commission; and

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

Executive Summary
At the June 11, 2024, Council meeting, Council directed the City Attorney to return with options and recommendations concerning policies, investigations, and remedies for violations by Councilmembers and Council appointees for Brown Act and other laws or policies applicable to City employees. On July 9, 2024, the City Attorney presented the Council with options. Council adopted Resolution No. 11605, applying conduct standards to Council appointees and directed the City Attorney to return with further research regarding ethics commissions in comparable cities.

Discussion

14.A
Packet Pg. 1136
2 of 3
The attached Resolution would subject Councilmembers to the same laws that apply to City employees and Council appointees regarding breaches of confidentiality, harassment, discrimination, hostile work environment, retaliation, conflicts, and gifts and ethics laws. The Resolution provides a process for reporting, investigating, and resolving complaints. The Resolution shall apply prospectively, applicable only to any events giving rise to a complaint following its effective date.

The Council also directed the City Attorney to provide the Council with information regarding the possibility of establishing an ethics commission. An ethics commission is a standing body with delegated authority to interpret and enforce the jurisdiction’s ethics regulations. It is usually an independent body that provides external oversight and enforcement of a city’s ethics laws. In California, the FPPC performs the role for state and local officials subject to the Political Reform Act. Local agencies can have ethics commissions that are charged with enforcing and taking other actions with respect to local ethics laws. A key goal of an ethics commission is to enhance public trust in the ethics enforcement process by assigning it to a quasi-independent entity. An ethics commission can also play a role in training and education.

A number of California cities have an ethics commission with varying degrees of responsibility. Some, such as Long Beach, assist with policy recommendations and education, but have no enforcement or investigative authority. Others, such as Los Angeles and San Francisco, are empowered with the authority to conduct investigations, have public hearings, and issue penalties for violations of local ethics and campaign laws.

Commissions generally range from five to nine members, and often have provisions that ensure a diversity of policy backgrounds among commissioners. Commissions are created by charter or ordinance. Commissions generally oversee development, review and enforcement of local ethics, lobbying, campaign finance, and disclosure laws. The commissions’ means of enforcing the laws they oversee generally lies in their ability to conduct audits and investigations, issue subpoenas, levy fines and impose penalties.

14.A
Packet Pg. 1137
3 of 3
They may also issue opinions regarding the laws and ordinances they cover, and develop manuals and conduct educational outreach.

Financial Impacts and Budget Actions
Adoption of the Resolution would have no fiscal impact. Costs of any investigation could be estimated at the time one may be necessary, depending upon the circumstances.

The cost of establishing and staffing an ethics commission is unknown at this time.

Prepared By: Katie Doerr, Deputy City Attorney III
Approved Forwarded to Council
Attachments:

A. Proposed Resolution
B. Memorandum re Ethics Commission

14.A
Packet Pg. 1138
1 City Council Meeting: October 22, 2024 Santa Monica, California RESOLUTION NUMBER _________ (CCS)
(City Council Series)

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA ADOPTING ADMINISTRATIVE INSTRUCTION NOS. III-2-3 DISCRIMINATION,

HARASSMENT, ABUSIVE CONDUCT, AND RETALIATION PREVENTION POLICY AND COMPLAINT PROCEDURE; III-2-4, VIOLENCE IN THE WORKPLACE; III-2-6,

CODE OF ETHICS, COUNCIL RULES, AND CERTAIN OTHER LAWS, TO BE

APPLICABLE TO CITY COUNCILMEMBERS AND PROVIDING FOR PROCESSES

FOR INVESTIGATING AND RESOLVING ALLEGED VIOLATIONS
WHEREAS, the City of Santa Monica and the City Council recognize and value the commitment and efforts of Councilmembers, as the elected officials dedicate their time, energy, and expertise to benefit the City, its residents, and visitors; and WHEREAS, it is the policy of the City of Santa Monica to ensure all officials and employees follow laws concerning attorney client privilege and personnel matter confidentiality, as well as limitations and procedures codified in laws such as the Brown Act, Political Reform Act, other state laws, Council Rules, City ordinances, and resolutions; and
WHEREAS, it is the policy of the City of Santa Monica to maintain and foster a work environment in which all employees can work free of discrimination, harassment, abusive conduct, or retaliation for having complained about suspected unlawful conduct; and
WHEREAS, numerous federal, state, and local laws require training and/or regulate behavior related to a workplace free of discrimination, harassment, abusive conduct, and retaliation; workplace violence prevention; and ethics; and WHEREAS, the City of Santa Monica currently has Administrative Instruction No.

III-2-3, Discrimination, Harassment, Abusive Conduct, and Retaliation Prevention Policy

14.A.a
Packet Pg. 1139 Attachment: Proposed Resolution (6678 : Council Ethics Resolution) 2 and Complaint Procedure, that applies to its applicants, employees, interns, volunteers, customers, and contractors, in accordance with state law and regulations; and WHEREAS, it is also the policy of the City of Santa Monica to provide a safe and secure workplace free of any violence or threats of violence, and accordingly, the City of Santa Monica currently has Administrative Instruction No. III-2-4, Violence in the Workplace, that applies to its employees, interns, volunteers, and contractors, and addresses acts or threats of violence in the workplace and sets forth an incident reporting procedure for resolving complaints in accordance with state law and regulations; and WHEREAS, it is also the policy of the City of Santa Monica to ensure the highest ethical standards are maintained in the workplace, and accordingly, the City of Santa Monica currently has Administrative Instruction No. III-2-6, Code of Ethics, that governs the ethical standards and conduct of all City employees, and sets forth procedures for identifying and investigating violations of the Code of Ethics; and WHEREAS, it is the Council’s policy not to utilize the City Attorney’s Office, nor any other City official, for political purposes; and
WHEREAS, it is understood that the City Council, City Manager, City Clerk, and City Attorney, as applicable, have a duty to protect City employees and others who conduct business with the City or otherwise interact with City officials, staff, and representatives, from unlawful and inappropriate conduct; and WHEREAS, Resolution No. 11605 applied these standards to the City’s appointed officials and members of City boards, commissions, and committees, as well as to those employees appointed by the Council (City Attorney, City Clerk, City Manager); and WHEREAS, the City Council believes it is important to understand that the same

14.A.a
Packet Pg. 1140 Attachment: Proposed Resolution (6678 : Council Ethics Resolution) 3 standards, processes, and remedies also should apply to the City’s elected officials, who are otherwise not necessarily covered by the City’s Administrative Instructions; and WHEREAS, it is necessary to establish policies and procedures for the application and implementation of these laws and policies.

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

SECTION 1. The following City of Santa Monica Administrative Instructions, state laws, confidentiality requirements, and local laws (all collectively for purposes of this Resolution “Laws and Policies”) are hereby expressly made applicable to all City Councilmembers and incorporated into this Resolution:

A. Administrative Instruction No. III-2-3, Discrimination, Harassment, Abusive Conduct, and Retaliation Prevention Policy and Complaint Procedure; B. Administrative Instruction No. III-2-4, Violence in the Workplace; C. Administrative Instruction No. III-2-6, Code of Ethics; D. The Council Rules of Order and Procedure, adopted by Council resolution, as amended from time to time;
E. Article XXII of the Santa Monica City Charter, the “City of Santa Monica Taxpayer Protection Amendment of 2000,” commonly known as the “Oaks Initiative;” and
F. California Government Code §§ 54950, et seq. (the Brown Act); and G. California Government Code §§ 81000 et seq. (the Political Reform Act); and
H. California Government Code §§ 1090 et seq. (conflicts of interest in

14.A.a
Packet Pg. 1141 Attachment: Proposed Resolution (6678 : Council Ethics Resolution) 4 government contracting); and
I. All confidentiality laws, statutory and common law, regarding attorney client privilege and personnel matters.

SECTION 2. Any suspected violations of the Laws and Policies involving Councilmembers may be reported by any City official or employee to the City Attorney and/or the City Manager.

SECTION 3. The City Attorney, in coordination with the City Manager, shall comply with the following process concerning any alleged violations of the Laws and Policies by an Councilmember:

A. Discuss the matter with the reporting party and any key witnesses, and then make an initial assessment whether the facts could lead to finding of a violation of the Laws and Policies; if the determination is that it is likely, based upon the known facts and the Laws and Policies that no legal or policy violation occurred, then the matter may be concluded, and the reporting party notified.

B. If it appears that a violation of Laws and Policies may have occurred, or the facts cannot be determined without further investigation, then next take one or more of the following actions:

1. Place the matter on a Council agenda so the Council may consider whether to initiate an investigation; or

2. Make an independent assessment of whether the circumstances (for example, confidentiality of matters, complaining parties, or witnesses) warrant an investigation without Council approval; and in either case, refer the matter to either an independent investigator attorney, or an in house investigator, to

14.A.a
Packet Pg. 1142 Attachment: Proposed Resolution (6678 : Council Ethics Resolution) 5 complete an investigation, findings, and report; and/or

3. Depending upon the allegations and applicable laws, refer the matter to another appropriate agency.

C. If an investigation is commenced, it shall be conducted expeditiously, and all parties and witnesses shall timely cooperate in providing interviews and/or documentary evidence. The investigator shall have the power of subpoena to compel testimony and/or production of documents or other evidence.

D. The investigator shall make a determination whether allegations of Law and Policy violations are either sustained or not sustained (or in part). Unless another process is provided by resolution or ordinance, the report shall be provided to the City Attorney’s Office, and shall be deemed attorney client privileged and confidential attorney work product.

E. For investigations involving Councilmembers:

1. A summary of the investigative findings shall be prepared and then provided to the entire Council and the reporting party.

2. Any Councilmember then may place the matter on a Council agenda for consideration of further action, which may include censure and/or referral of the matter to another agency with legal authority to take punitive or remedial action, or to pursue any other action or remedy provided by law.

F. Investigations referenced herein shall be performed by a City employee investigator, if a position for that purpose is authorized, funded, and filled, or by a contract counsel attorney, if both funding for that purpose is available and/or the City Attorney determines it may be a conflict for the matter to be handled by a City

14.A.a
Packet Pg. 1143 Attachment: Proposed Resolution (6678 : Council Ethics Resolution) 6 employee. If sufficient resources are not available to complete an investigation required by this Resolution, then the Council shall be made aware of the circumstances so that Council may take further action as it deems appropriate.

SECTION 4. Any future changes to the Laws and Policies specified in this Resolution shall also apply to Councilmembers, and the changes shall be reviewed by the City Attorney to determine whether they substantially affect this Resolution and whether the Council should consider an amendment to this Resolution to address the changes.

SECTION 5. To the extent the provisions of this Resolution concerning investigation procedures shall conflict with the provisions of any applicable Administrative Instruction, the provisions of this Resolution shall control.

SECTION 6. The investigation findings and reports that result from the processes set forth in this Resolution shall be utilized solely for the purposes as set forth herein, and not for any other purpose.

SECTION 7.The City Manager, City Attorney, and/or City Clerk, or their designees, shall arrange appropriate training on the matters covered by this Resolution.

SECTION 8.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

14.A.a
Packet Pg. 1144 Attachment: Proposed Resolution (6678 : Council Ethics Resolution) CITY ATTORNEY’S OFFICE MEMORANDUM

NOT ATTORNEY CLIENT PRIVILEGED
TO: Mayor, Vice Mayor, Council, City Manager
FROM: Katie Doerr, Deputy City Attorney
RE: Ethics Commissions
DATE: October 22, 2024
On July 9, 2024, Council gave direction to provide additional information on the structure of city ethics commissions operating in California.

Ethics Commission Overview
An ethics commission is a standing body with delegated authority to interpret and enforce the jurisdiction’s ethics regulations. An ethics commission is usually an independent body that provides external oversight and enforcement of ethics laws. In California, the FPPC performs the role for state and local officials subject to the Political Reform Act. Local agencies can have ethics commissions that are charged with enforcing and taking other actions with respect to local ethics laws. A key goal of an ethics commission is to enhance public trust in the ethics enforcement process by assigning it to a quasi-independent entity. An ethics commission can also play a role in training and education.

Below are brief summary descriptions of the prominent ethics commissions in California cities. Commissions range from five to nine members, and often have provisions that ensure a diversity of policy backgrounds among commissioners. Commissions are created by charter or ordinance. Commissions generally oversee development, review and enforcement of local ethics, lobbying, campaign finance, and disclosure laws. The commissions’ means of enforcing the laws they oversee generally lies in their ability to conduct audits and investigations, issue subpoenas, levy fines and impose penalties.

They may also issue opinions regarding the laws and ordinances they cover, and develop manuals and conduct educational outreach.

OTHER ALTERNATIVES
Ethics Task Force
An Ethics Task Force is a body convened by a local agency to accomplish a specific task relating to ethics, typically making a policy recommendation on ways to enhance the culture of ethics in the organization. The task force is usually disbanded after it has made its recommendation or accomplished its task. It is an information gathering and advisory body. The City Council would make the ultimate decision on whether to adopt measures adopted by the task force. The City of West Hollywood has an Ethics Reform Task Force, composed of three members of the public with specialized knowledge, which recommends to Council reforms to assure strong and comprehensive local ethics rules consistent with the city’s commitment to open and fair government. The task force has no investigative or enforcement authority.

Ethics Committee
An ethics committee is a standing body designed to be a source of advice on policy implementation and support for ethics within the agency. It can be comprised of members of the public, local officials, or a combination of both. An ethics committee can also play

14.A.b
Packet Pg. 1145 Attachment: Memorandum re Ethics Commission (6678 : Council Ethics Resolution)

Page 2 ends

Santa Monica City CouncilOctober 22, 2024

Santa Monica City Council
October 22, 2024