Agenda packet — Santa Monica City Council, November 11, 2024 (part 3 of 5)

• Special district formation proceedings involving the creation of a special use or benefit to the person in the district
• Tentative subdivision and parcel maps
• Zoning variances
• Vacation of a public easement across private property • Pre-applications, such as for General Plan Amendment, considered by the legislative body prior to filing of formal application
• Contracts entered under the City Manager’s Authority
• Closed session items that may result in a contract/settlement agreement approved by Council (real estate or litigation)
It does not apply to:
• Purely ministerial decisions
• General policy decisions or rules where the interests affected are many and diverse
• Ordinances and resolutions (except items like development agreements adopted by ordinance)
• Ballot measures
• Departmental policies
• Council rules
• Contracts awarded to the lowest responsive/responsible bidder (not applicable in Santa Monica)
• Labor contracts and project labor agreements
• Personal employment contracts
• Allocation of resources in the City budget

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

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

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

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

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

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

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

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

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

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Packet Pg. 344 Attachment: Levine Act Disclosure Form Logicalis (6717 : Approval of Agreement with Logicalis for Cisco Software Licenses, Equipment, and

CITY OF SANTA MONICA

OAKS INITIATIVE NOTICE

NOTICE TO APPLICANTS, BIDDERS, PROPOSERS

AND OTHERS SEEKING DISCRETIONARY PERMITS, CONTRACTS,

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

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

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

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

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

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

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Packet Pg. 345 Attachment: OAKS INITIATIVE FORM Logicalis (6717 : Approval of Agreement with Logicalis for Cisco Software Licenses, Equipment, and

CITY OF SANTA MONICA

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

Public benefits include:

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

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

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

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

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

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

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

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

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

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

Prepared by: Title:

Signature: Date:

Email: Phone:

Permit #
FOR CITY USE ONLY:

Bid/PO/Contract #

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Packet Pg. 346 Attachment: OAKS INITIATIVE FORM Logicalis (6717 : Approval of Agreement with Logicalis for Cisco Software Licenses, Equipment, and City Council
Report
City Council Meeting: November 11, 2024
Agenda Item: 5.L
1 of 4
To: Mayor and City Council
From: Feroz Merchhiya, Chief Information Officer, Information Services Department Subject: Award Purchase Order to Ricoh USA, Inc. for Printer Maintenance, Support, and Services for Ricoh devices
Recommended Action
Staff recommends that the City Council:

1. Adopt a finding that the action is not a project subject to the California Environmental Quality Act (CEQA);

2. Authorize the Procurement Manager to issue a purchase order with Ricoh USA, Inc. for printer maintenance, service, and support for the Information Services Department. This recommended award is made as an exception to the competitive bidding process pursuant to Santa Monica Municipal Code Section

2.24.250(c) and is for a total amount not to exceed $300,000 over a three-year period with future year funding contingent on Council budget approval.

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Summary
The City’s remaining Ricoh printing devices are not included in the City’s Managed Print Services (MPS) program, which was implemented to streamline and consolidate the City’s printer and copier management. A portion of the Ricoh fleet remains under a maintenance and services agreement directly with Ricoh, requiring a procurement solution to cover maintenance services and support costs while the City transitions to a fully implemented printing program. To ensure uninterrupted support for these devices, staff is seeking City Council approval to authorize the Procurement Manager to issue a purchase order with Ricoh USA, Inc. for printer maintenance, service, and support for Ricoh devices in the amount not to exceed $300,000 over a three-year period while the City completes the transition to MPS.

Discussion
On May 9, 2023, Council approved award of a contract to Konica Minolta Business Solutions (Konica) MPS. This program allows for the assessment, consolidation, and management of the City’s copier and printer needs. While the intention of the program was to service and maintain all City devices, Ricoh devices could not be incorporated into the MPS program due to certain limitations. As a result, the plan for Ricoh devices was to either replace or retire them in accordance with the City’s needs. During this transitional period, Ricoh device maintenance, service and support remain necessary while the City works towards fully implementing a single enterprise printing solution.

This transition period allows for the gradual termination of Ricoh maintenance and service agreements and gives departments and divisions time to strategize, plan, and budget for future equipment needs as their Ricoh devices are replaced or retired.

The City currently has a fleet of approximately 40 Ricoh printing devices. Of these, a small number remain under a maintenance, service and support agreement, while the others are maintained on an as needed basis to support staff’s printing operations.

These services provide the City with repair and maintenance of the devices and competitive Cost-Per-Copy (CPC) pricing. Staff is seeking Council approval for a purchase order to provide Ricoh device maintenance and support services during the transition to a fully implemented MPS program.

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These printing maintenance and support services can be acquired through Ricoh USA, Inc.’s National Association of State Procurement Officials (NASPO) ValuePoint contract # 7-24-70-46-06. Under the State of California’s Participating Addendum, the City can utilize NASPO Contract to procure printer maintenance, services and support for Ricoh devices.

Vendor/Consultant Selection
Exception to Competitive Bidding
Staff recommends Ricoh USA, Inc. for printer maintenance, service and support for Ricoh devices as an exception to competitive bidding per Municipal Code 2.24.250(c).

The National Association of State Procurement Officials (NASPO) conducted a competitive bidding process awarding Ricoh USA, Inc. as an authorized contractor.

Under the State of California’s Participating Addendum, the City of Santa Monica is eligible to piggyback on the NASPO Master Contract Number: 187846, Contract Number: 7-24-70-46-06. The City of Santa Monica intends to utilize this agreement, which ensures competitive pricing for the City’s printer maintenance, services and support.
c. Competitive procedures were followed by a governmental agency, including a federal, state, county, city, joint powers agency, special district, or cooperative purchasing agency consisting of one or more such agencies, that are equivalent to the procedures set forth in this Chapter, and the goods or services are supplied to the City at the same or better price as the price obtained by that agency;
Environmental Review
The proposed purchase order for printer maintenance, service and support for Ricoh devices is a “project” subject to CEQA. Pursuant to CEQA Section 21065, the project does not meet the definition of a “project” subject to CEQA as it will not “cause either a direct physical change in the environment, or a reasonably foreseeable indirect physical change in the environment”. Additionally, per Section 15378(b) of the CEQA Guidelines, a “project” does not include continuing administrative or maintenance activities, such as purchases for supplies, personnel-related actions, general policy and procedure making. The purchase order is to maintain, service, and support existing Ricoh devices and would not have a physical effect on the environment, so therefore, is not subject to CEQA.

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Financial Impacts and Budget Actions
Staff seeks authority to approve available funding from various funds to award a purchase order with Ricoh USA, Inc. for printer maintenance, service and support for Ricoh devices. The cost is charged to each department based on the printer maintenance, service and support requisitioned by each department as needed.

Purchase Order Request
FY 2024-25 Request
Amount
Future Years
Amount
Account
Number(s)
Total Contract
Amount
$100,000 $200,000 Various $300,000
Future year funding is contingent on Council budget approval.

Prepared By: Carolyn Connolly, Administrative Services Officer Approved Forwarded to Council
Attachments:

A. Staff Report 05-09-2023 5A MPS Konica
B. OAKS INITIATIVE FORM 2024 RICOH
C. Levine Act Disclosure Form Ricoh

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City Council
Report
City Council Meeting: May 9, 2023
Agenda Item: 5.A
1 of 4
To: Mayor and City Council
From: Joseph Cevetello, Chief Information Officer, Information Services Department Subject: Award Agreement with Konica Minolta Business Solutions for Managed Print Services
Recommended Action
Staff recommends that the City Council:

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

2. Authorize the City Manager to negotiate and execute an agreement with Konica Minolta Business Solutions for Managed Print Services (MPS) for the Information Services Department. This recommended award is made as an exception to the competitive bidding process pursuant to Section 2.24.250 (c) and is for a total amount not to exceed $1,105,000 over a five-year period.

Summary
In recent years, the City has made a concerted effort to modernize City systems and services and has implemented technologies to allow staff to work throughout the City campus. The City’s printing needs have shifted in response to these changes as staff print at multiple printers not only the one closest to their desk, and the amount and type of printing has transformed. The City’s current fleet of printers from a variety of vendors are both leased and owned and many have exceeded their life expectancy. This approach to City printing is inefficient and complicates support and management of printing technology.

A Managed Print Services (MPS) program would allow for the assessment, consolidation, and management of the City’s copier and printer needs, while ensuring

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that the devices are serviced, maintained, and/or replaced by a vendor. This will minimize downtime, improve repair response, and ensure consistent technology and tools for staff at a lower annual cost than what the City pays currently. Staff recommends that Konica Minolta Business Solutions (Konica) be awarded a five-year contract not to exceed $1,105,000 to provide managed print services as an exception to the competitive process, pursuant to State of Colorado Solicitation #RFP-NP-18-001 (NASPO Value Point Master Agreement for Copies and Managed Print Services).

Discussion
The City currently has a fleet of approximately 290 printing devices from various vendors of which 150 are Konica devices. Of the total, approximately half are under a maintenance agreement. This means that 50% of our printing devices are not covered for repair costs. Given their age, the City is experiencing increased costs for repair that are not covered under any contract. In addition, the current printer fleet is spread across multiple purchase orders, which requires significant staff time to manage. The City currently spends approximately $240,000 annually on Ricoh and Konica printers excluding toner and paper. The City also has approximately 50 HP printers that are not currently supported. Over the next four years, the City plans to replace all non-Konica printers with Konica devices and centralize printing contracts and payments. This moves all devices under one comprehensive contract and includes maintenance and support for all City printers at a lower annual cost than what the City pays currently. In addition, the City will seek to reduce the number of printing devices based on actual printing requirements, potentially reducing the annual printing costs in future years (starting in Year 2 of this contract).

A MPS program would consolidate the City’s printer equipment, by implementing a strategy that best suits the City’s printing, scanning, and copying needs, creating a single enterprise agreement for the procurement, support, and management of all City printers. As part of their scope of services, Konica would evaluate existing printers and replace, maintain, or retire equipment. They will provide a plan to transition existing devices into this new comprehensive agreement. Under this contract, the City would be

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consolidating all owned and leased printers (including HP and Ricoh) into the Konica fleet and replace all non-Konica devices within five years.

The proposed MPS project will also modernize the City’s printer management capabilities, support printing from mobile devices and allow for more detailed usage and cost reporting. MPS will also significantly improve service response time.

Funding for this contract over a 5-year period includes:

Year 1 - $195,000
Year 2- $208,000
Year 3- $221,000
Year 4- $234,000
Year 5- $247,000
Staff seeks approval to enter into an agreement with Konica as an exception to the competitive process.

Exception to Competitive Bidding
Staff recommends Konica Minolta Business Solutions to provide managed print services as an exception to competitive bidding per Municipal Code 2.24.250(c), as defined below. The State of Colorado conducted a competitive process in 2018 through NASPO Value Point, for copiers and managed print services (which resulted in Master Agreement No. 140597). Contract No. 140597 was awarded on August 2019 to Konica Minolta to provide Multi-function Devices (MFD’s), Single-function Printers, Production Equipment, Large/Wide Format Equipment, Scanners, and MPS and software bundles that enable and enhance the productivity and capability of the Devices. The City of Santa Monica will utilize this contract which offers the most competitive pricing for MPS services and best meets the City’s needs.
c. When Competitive procedures were followed by a governmental agency, including a federal, state, county, city, joint powers agency, special district, or cooperative purchasing agency consisting of one or more such agencies, that are equivalent to the procedures set forth in this Chapter, and the goods or services are supplied to the City at the same or better price as the price obtained by that agency.

Environmental Review
The award agreement is categorically exempt from CEQA pursuant to Section 15061(b)(3) of the CEQA Guidelines. The award agreement is covered by the commonsense exemption which states that CEQA does not apply, “where it can be seen with certainty that there is no possibility that the activity in question may have a

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significant effect on the environment.” The agreement will provide the City with managed printing services. Therefore, it can be seen with certainty that the proposed agreement would not result in adverse physical impacts on the environment, and as such, is categorically exempt from CEQA.

Financial Impacts and Budget Actions
Staff seeks authority to approve funding from the Information Technology Replacement and Services Fund to award an agreement with Konica Minolta Business Solutions for managed print services. Funds for this purchase are available in the FY 2022-23 Capital Budget. Various funds will reimburse the Information Technology Replacement and Services Fund based on actual expenditures. Printing software included in this contract will allow the City to document actual usage for billing by Department/Division.

Contract Request
FY 2022-23
Budget
Request Amount
Future Budget Requests Department/CIP Account #
Total Contract
Amount
$195,000 $910,000 C7100030.689000 $1,105,000
Prepared By: Margaret Talamantes, Administrative Services Officer Approved Forwarded to Council
Attachments:

A. Oaks Konica Minolta 2023

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Packet Pg. 354 Attachment: Staff Report 05-09-2023 5A MPS Konica (6718 : Award Purchase Order to Ricoh for Printer Maintenance, Support, and Services)

CITY OF SANTA MONICA

OAKS INITIATIVE NOTICE

NOTICE TO APPLICANTS, BIDDERS, PROPOSERS

AND OTHERS SEEKING DISCRETIONARY PERMITS, CONTRACTS,

This information is required by City Charter Article XXII—Taxpayer Protection. It prohibits a public official from receiving, and a person or entity from conferring, specified personal benefits or campaign advantages from a person or entity after the official votes, or otherwise takes official action, to award a “public benefit” to that person or entity. The prohibition applies within and outside of the geographical boundaries of Santa Monica.

An exception exists for persons serving in those capacities as volunteers, without compensation, for organizations exempt from income taxes under Section 501(c)(3), (4), or (6), of the Internal Revenue Code. However, this exception does not apply if the organization is a political committee or controls political committees. Examples of a “public benefit” include public contracts to provide goods or services worth more than $25,000 or a land use approval worth more than $25,000 over a 12-month period.

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

DocuSign Envelope ID: F5640921-D7EB-4EC2-8E1F-FA0F136C567F

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Attachment: Oaks Konica Minolta 2023 (5190 : Award Managed Print Services Contract)

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Packet Pg. 355 Attachment: Staff Report 05-09-2023 5A MPS Konica (6718 : Award Purchase Order to Ricoh for Printer Maintenance, Support, and Services) FOR CITY USE ONLY:

Bid/PO/Contract # ___________________________ Permit #

CITY OF SANTA MONICA

Public benefits include:

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

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

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

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

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

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

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

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

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

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

Prepared by: ___________________________ Title:___________________________ Signature:_______________________________________ Date:__________________ Email:_____________________________________Phone:______________________ 04/20/2023
Myrtha Eugene
Assistant Secretary
[email protected] 201-825-4000 None Please refer to attached Konica Minolta's Secretary Certificate Konica Minolta Business Solutions U.S.A., Inc.

DocuSign Envelope ID: F5640921-D7EB-4EC2-8E1F-FA0F136C567F

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Attachment: Oaks Konica Minolta 2023 (5190 : Award Managed Print Services Contract)

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Packet Pg. 356 Attachment: Staff Report 05-09-2023 5A MPS Konica (6718 : Award Purchase Order to Ricoh for Printer Maintenance, Support, and Services)

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Attachment: Oaks Konica Minolta 2023 (5190 : Award Managed Print Services Contract)

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Packet Pg. 357 Attachment: Staff Report 05-09-2023 5A MPS Konica (6718 : Award Purchase Order to Ricoh for Printer Maintenance, Support, and Services)

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Attachment: Oaks Konica Minolta 2023 (5190 : Award Managed Print Services Contract)

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Packet Pg. 358 Attachment: Staff Report 05-09-2023 5A MPS Konica (6718 : Award Purchase Order to Ricoh for Printer Maintenance, Support, and Services)

CITY OF SANTA MONICA

OAKS INITIATIVE NOTICE

NOTICE TO APPLICANTS, BIDDERS, PROPOSERS

AND OTHERS SEEKING DISCRETIONARY PERMITS, CONTRACTS,

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

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

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Packet Pg. 359 Attachment: OAKS INITIATIVE FORM 2024 RICOH (6718 : Award Purchase Order to Ricoh for Printer Maintenance, Support, and Services)

CITY OF SANTA MONICA

Public benefits include:

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

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

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

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

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

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

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

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

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

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

Prepared by: Title:

Signature: Date:

Email: Phone:

Permit #
FOR CITY USE ONLY:

Bid/PO/Contract #

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Packet Pg. 360 Attachment: OAKS INITIATIVE FORM 2024 RICOH (6718 : Award Purchase Order to Ricoh for Printer Maintenance, Support, and Services) 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. 361 Attachment: Levine Act Disclosure Form Ricoh (6718 : Award Purchase Order to Ricoh for Printer Maintenance, Support, and Services) 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. 362 Attachment: Levine Act Disclosure Form Ricoh (6718 : Award Purchase Order to Ricoh for Printer Maintenance, Support, and Services) SANTA MONICA CITY ATTORNEY’S OFFICE
TO: Public
FROM: City Attorney’s Office
RE: Levine Act Disclosure Form
DATE: January 25, 2024
The Levine Act (Government Code 84308) is a California law aimed at preventing “pay to play” practices by prohibiting parties, participants, and their agents in a proceeding involving a license, permit, or other entitlement from contributing more than $250 to an officer of the City during a 12-month period. The prohibition applies to any 12-month period while the proceeding is pending and for 12 months following the date a final decision is rendered in the proceeding.

State law requires a party to a proceeding to disclose any contributions exceeding an aggregate $250 that the party and their agents have made to an officer of the City within the preceding 12 months. The Disclosure Form is intended to assist City officials with recognizing when they have an obligation to disclose and recuse themselves, and to aid parties with their disclosure obligations.

1. To what sort of proceedings is the disclosure form applicable? The Levine Act applies to all discretionary entitlements and contracts, with the exception of labor contracts, personal employment contracts, and contracts that must be awarded to the lowest responsive/responsible bidder. It does not apply to ministerial approvals.

For instance, the Levine Act applies to the following:
• Building and development permits
• Conditional use permits
• Contracts generally (unless an exception applies):
o Contracts for goods, services, professional services
o Real property contracts for purchase, sale, lease
o Contract amendments
o Settlement agreements
o Small contracts, including purchase orders, and zero dollar contracts (no de minimis exception)
• Public street abandonments
• Private development plans
• Professional license revocations
• Rezoning of specific real estate parcels
• Event permits
• Rulemaking procedures affecting a particular industry where only a small number of businesses are affected

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Packet Pg. 363 Attachment: Levine Act Disclosure Form Ricoh (6718 : Award Purchase Order to Ricoh for Printer Maintenance, Support, and Services)

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

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

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Packet Pg. 364 Attachment: Levine Act Disclosure Form Ricoh (6718 : Award Purchase Order to Ricoh for Printer Maintenance, Support, and Services)

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

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Packet Pg. 365 Attachment: Levine Act Disclosure Form Ricoh (6718 : Award Purchase Order to Ricoh for Printer Maintenance, Support, and Services) City Council
Report
City Council Meeting: November 11, 2024
Agenda Item: 5.M
1 of 2
To: Mayor and City Council
From: Douglas Sloan, City Attorney, City Attorney's Office, Administration Subject: Second Reading and Adoption of an 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
Recommended Action
Staff recommends that the City Council adopt the attached Ordinance.

Executive Summary
At its meeting on October 22, 2024, the City Council introduced 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. The ordinance is now presented to the City Council for adoption.

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Packet Pg. 366
2 of 2
Prepared By: Bradley Michaud, Principal Legal Analyst
Approved Forwarded to Council
Attachments:

A. CDD-Ord-Promenade IZO Amendment 2d

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1 City Council Meeting: November 11, 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. 368 Attachment: CDD-Ord-Promenade IZO Amendment 2d (6744 : Interim Zoning Ordinance - Second Reading) 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. 369 Attachment: CDD-Ord-Promenade IZO Amendment 2d (6744 : Interim Zoning Ordinance - Second Reading) 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

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Packet Pg. 370 Attachment: CDD-Ord-Promenade IZO Amendment 2d (6744 : Interim Zoning Ordinance - Second Reading) 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

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Packet Pg. 371 Attachment: CDD-Ord-Promenade IZO Amendment 2d (6744 : Interim Zoning Ordinance - Second Reading) 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

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Packet Pg. 372 Attachment: CDD-Ord-Promenade IZO Amendment 2d (6744 : Interim Zoning Ordinance - Second Reading) 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

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Packet Pg. 373 Attachment: CDD-Ord-Promenade IZO Amendment 2d (6744 : Interim Zoning Ordinance - Second Reading) 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

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Packet Pg. 374 Attachment: CDD-Ord-Promenade IZO Amendment 2d (6744 : Interim Zoning Ordinance - Second Reading) 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

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Packet Pg. 375 Attachment: CDD-Ord-Promenade IZO Amendment 2d (6744 : Interim Zoning Ordinance - Second Reading) 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,

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Packet Pg. 376 Attachment: CDD-Ord-Promenade IZO Amendment 2d (6744 : Interim Zoning Ordinance - Second Reading) 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

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Packet Pg. 377 Attachment: CDD-Ord-Promenade IZO Amendment 2d (6744 : Interim Zoning Ordinance - Second Reading) 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;

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Packet Pg. 378 Attachment: CDD-Ord-Promenade IZO Amendment 2d (6744 : Interim Zoning Ordinance - Second Reading) 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.

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Packet Pg. 379 Attachment: CDD-Ord-Promenade IZO Amendment 2d (6744 : Interim Zoning Ordinance - Second Reading) 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;

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Packet Pg. 380 Attachment: CDD-Ord-Promenade IZO Amendment 2d (6744 : Interim Zoning Ordinance - Second Reading) 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.

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Packet Pg. 381 Attachment: CDD-Ord-Promenade IZO Amendment 2d (6744 : Interim Zoning Ordinance - Second Reading) 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

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Packet Pg. 382 Attachment: CDD-Ord-Promenade IZO Amendment 2d (6744 : Interim Zoning Ordinance - Second Reading) 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) L(1) P P P
Section 9.31.025
Accessory
Dwelling Units
and Junior
Accessory
Dwelling Units
Junior Accessory Dwelling
Unit P P L(1) L(1) P P P
Section 9.31.025
Accessory
Dwelling Units

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Packet Pg. 383 Attachment: CDD-Ord-Promenade IZO Amendment 2d (6744 : Interim Zoning Ordinance - Second Reading) 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) L(1) 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) L(1) L(1) MUP MUP MUP Section 9.31.155, Group Residential Senior Group Residential P L(3) L(1) L(1) P P P Section 9.31.155, Group Residential
Low Barrier Navigation
Centers P P L(1) L(1) 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) P CUP L(1) L(7)/
CUP
Section 9.31.100,
Community
Assembly

5.M.a
Packet Pg. 384 Attachment: CDD-Ord-Promenade IZO Amendment 2d (6744 : Interim Zoning Ordinance - Second Reading) 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 P P 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 P 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(8) 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 P P L(5)/
CUP
L(5)/
CUP
L(5)/
CUP

5.M.a
Packet Pg. 385 Attachment: CDD-Ord-Promenade IZO Amendment 2d (6744 : Interim Zoning Ordinance - Second Reading) 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) P CUP - -
Convention and Conference
Centers

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

Convenience Market CUP L(5)/CUP P P 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
P P 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 - Funeral Parlors and Mortuaries CUP - - - - - -
Instructional Services L(5)/CUP L(3),
L(5)/CUP
P P 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 P MUP MUP MUP Section 9.31.090, Bed and

5.M.a
Packet Pg. 386 Attachment: CDD-Ord-Promenade IZO Amendment 2d (6744 : Interim Zoning Ordinance - Second Reading) 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 P CUP CUP CUP,
L(19)
Maintenance and Repair
Services
L(5)/CUP - - - - - -
Nurseries and Garden Centers L(5)/CUP L(5)/CUP - P 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(3),
L(5)/C
UP
L(5)/
CUP
L(5)/
CUP
Outdoor Newsstands MUP MUP P P 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 P 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(17) 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 P L(5)/ CUP
L(5)/
CUP
L(5)/
CUP
General Retail Sales,
Medium-Scale

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

5.M.a
Packet Pg. 387 Attachment: CDD-Ord-Promenade IZO Amendment 2d (6744 : Interim Zoning Ordinance - Second Reading) 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
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. (13) If the commercial use requires a MUP or CUP, an application shall be required in accordance with SMMC, Chapter 9.41. Even if the commercial use would otherwise be permitted, no such use shall be approved where, given the design or proposed design of the livework unit, there would be the potential for adverse health impacts from the proposed use on the people residing in the unit. An example of a potential health impact is the potential for food contamination from users that generate airborne particulates in a unit with an unenclosed kitchen.
(14) All new construction requires approval of a Conditional Use Permit or permitted if within buildings existing as of the date the ordinance codified in this Chapter is effective, except:
(a) New additions of 50% or more additional square footage to an existing building at any one time, or incrementally, after the effective date of the ordinance codified in this Chapter, requires approval of a Conditional Use Permit. (b) No ground floor, street-fronting, non-office or non-media production support facility use, non-medical or non-dental office use tenant space shall be changed into an individual office use or a media production support facility use, or individual medical or dental office use occupying more than 7,500 square feet of floor area and/or exceeding 50 linear feet of street frontage without the approval of a Conditional Use Permit.

5.M.a
Packet Pg. 388 Attachment: CDD-Ord-Promenade IZO Amendment 2d (6744 : Interim Zoning Ordinance - Second Reading) 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
(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:

5.M.a
Packet Pg. 389 Attachment: CDD-Ord-Promenade IZO Amendment 2d (6744 : Interim Zoning Ordinance - Second Reading) 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.

5.M.a
Packet Pg. 390 Attachment: CDD-Ord-Promenade IZO Amendment 2d (6744 : Interim Zoning Ordinance - Second Reading) 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

5.M.a
Packet Pg. 391 Attachment: CDD-Ord-Promenade IZO Amendment 2d (6744 : Interim Zoning Ordinance - Second Reading) 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:

5.M.a
Packet Pg. 392 Attachment: CDD-Ord-Promenade IZO Amendment 2d (6744 : Interim Zoning Ordinance - Second Reading) 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

5.M.a
Packet Pg. 393 Attachment: CDD-Ord-Promenade IZO Amendment 2d (6744 : Interim Zoning Ordinance - Second Reading) 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.

5.M.a
Packet Pg. 394 Attachment: CDD-Ord-Promenade IZO Amendment 2d (6744 : Interim Zoning Ordinance - Second Reading) 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;

5.M.a
Packet Pg. 395 Attachment: CDD-Ord-Promenade IZO Amendment 2d (6744 : Interim Zoning Ordinance - Second Reading) 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, 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 the Bayside Conservation (BC) District 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;

5.M.a
Packet Pg. 396 Attachment: CDD-Ord-Promenade IZO Amendment 2d (6744 : Interim Zoning Ordinance - Second Reading) 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;

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Packet Pg. 397 Attachment: CDD-Ord-Promenade IZO Amendment 2d (6744 : Interim Zoning Ordinance - Second Reading) 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

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Packet Pg. 398 Attachment: CDD-Ord-Promenade IZO Amendment 2d (6744 : Interim Zoning Ordinance - Second Reading) 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;

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Packet Pg. 399 Attachment: CDD-Ord-Promenade IZO Amendment 2d (6744 : Interim Zoning Ordinance - Second Reading) 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 and Santa Monica Place.

Notwithstanding the provisions of paragraph 1, above, in the Bayside Conservation (BC) District 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

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Packet Pg. 400 Attachment: CDD-Ord-Promenade IZO Amendment 2d (6744 : Interim Zoning Ordinance - Second Reading) 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.

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Packet Pg. 401 Attachment: CDD-Ord-Promenade IZO Amendment 2d (6744 : Interim Zoning Ordinance - Second Reading) 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.

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Packet Pg. 402 Attachment: CDD-Ord-Promenade IZO Amendment 2d (6744 : Interim Zoning Ordinance - Second Reading) 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.

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Packet Pg. 403 Attachment: CDD-Ord-Promenade IZO Amendment 2d (6744 : Interim Zoning Ordinance - Second Reading) 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

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Packet Pg. 404 Attachment: CDD-Ord-Promenade IZO Amendment 2d (6744 : Interim Zoning Ordinance - Second Reading) 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.

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Packet Pg. 405 Attachment: CDD-Ord-Promenade IZO Amendment 2d (6744 : Interim Zoning Ordinance - Second Reading) 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.

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Packet Pg. 406 Attachment: CDD-Ord-Promenade IZO Amendment 2d (6744 : Interim Zoning Ordinance - Second Reading) 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.

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Packet Pg. 407 Attachment: CDD-Ord-Promenade IZO Amendment 2d (6744 : Interim Zoning Ordinance - Second Reading) 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

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Packet Pg. 408 Attachment: CDD-Ord-Promenade IZO Amendment 2d (6744 : Interim Zoning Ordinance - Second Reading) 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,

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Packet Pg. 409 Attachment: CDD-Ord-Promenade IZO Amendment 2d (6744 : Interim Zoning Ordinance - Second Reading) 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

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Packet Pg. 410 Attachment: CDD-Ord-Promenade IZO Amendment 2d (6744 : Interim Zoning Ordinance - Second Reading) 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.

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Packet Pg. 411 Attachment: CDD-Ord-Promenade IZO Amendment 2d (6744 : Interim Zoning Ordinance - Second Reading) 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.

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Packet Pg. 412 Attachment: CDD-Ord-Promenade IZO Amendment 2d (6744 : Interim Zoning Ordinance - Second Reading) 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.

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Packet Pg. 413 Attachment: CDD-Ord-Promenade IZO Amendment 2d (6744 : Interim Zoning Ordinance - Second Reading) 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.

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Packet Pg. 414 Attachment: CDD-Ord-Promenade IZO Amendment 2d (6744 : Interim Zoning Ordinance - Second Reading) 48 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. 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

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Packet Pg. 415 Attachment: CDD-Ord-Promenade IZO Amendment 2d (6744 : Interim Zoning Ordinance - Second Reading) 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.

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Packet Pg. 416 Attachment: CDD-Ord-Promenade IZO Amendment 2d (6744 : Interim Zoning Ordinance - Second Reading) 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.

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Packet Pg. 417 Attachment: CDD-Ord-Promenade IZO Amendment 2d (6744 : Interim Zoning Ordinance - Second Reading) 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

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Packet Pg. 418 Attachment: CDD-Ord-Promenade IZO Amendment 2d (6744 : Interim Zoning Ordinance - Second Reading) 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.

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Packet Pg. 419 Attachment: CDD-Ord-Promenade IZO Amendment 2d (6744 : Interim Zoning Ordinance - Second Reading) 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:

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Packet Pg. 420 Attachment: CDD-Ord-Promenade IZO Amendment 2d (6744 : Interim Zoning Ordinance - Second Reading) 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

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Packet Pg. 421 Attachment: CDD-Ord-Promenade IZO Amendment 2d (6744 : Interim Zoning Ordinance - Second Reading) 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.

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Packet Pg. 422 Attachment: CDD-Ord-Promenade IZO Amendment 2d (6744 : Interim Zoning Ordinance - Second Reading) 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 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

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Packet Pg. 423 Attachment: CDD-Ord-Promenade IZO Amendment 2d (6744 : Interim Zoning Ordinance - Second Reading) 57 serves alcoholic beverages, but in no case shall the increase exceed any established seating limitation in the underlying zoning district.

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

9.31.290 Restaurants with Entertainment
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. 424 Attachment: CDD-Ord-Promenade IZO Amendment 2d (6744 : Interim Zoning Ordinance - Second Reading) 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. 425 Attachment: CDD-Ord-Promenade IZO Amendment 2d (6744 : Interim Zoning Ordinance - Second Reading) 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. 426 Attachment: CDD-Ord-Promenade IZO Amendment 2d (6744 : Interim Zoning Ordinance - Second Reading) 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 Section

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. 427 Attachment: CDD-Ord-Promenade IZO Amendment 2d (6744 : Interim Zoning Ordinance - Second Reading) 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. 428 Attachment: CDD-Ord-Promenade IZO Amendment 2d (6744 : Interim Zoning Ordinance - Second Reading) 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. 429 Attachment: CDD-Ord-Promenade IZO Amendment 2d (6744 : Interim Zoning Ordinance - Second Reading) 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 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. 430 Attachment: CDD-Ord-Promenade IZO Amendment 2d (6744 : Interim Zoning Ordinance - Second Reading) 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. 431 Attachment: CDD-Ord-Promenade IZO Amendment 2d (6744 : Interim Zoning Ordinance - Second Reading) 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. 432 Attachment: CDD-Ord-Promenade IZO Amendment 2d (6744 : Interim Zoning Ordinance - Second Reading) 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. 433 Attachment: CDD-Ord-Promenade IZO Amendment 2d (6744 : Interim Zoning Ordinance - Second Reading) 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. 434 Attachment: CDD-Ord-Promenade IZO Amendment 2d (6744 : Interim Zoning Ordinance - Second Reading) 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. 435 Attachment: CDD-Ord-Promenade IZO Amendment 2d (6744 : Interim Zoning Ordinance - Second Reading) 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. 436 Attachment: CDD-Ord-Promenade IZO Amendment 2d (6744 : Interim Zoning Ordinance - Second Reading) 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. 437 Attachment: CDD-Ord-Promenade IZO Amendment 2d (6744 : Interim Zoning Ordinance - Second Reading) City Council
Report
City Council Meeting: November 11, 2024
Agenda Item: 5.N
1 of 4
To: Mayor and City Council
From: David Martin, Director, Administration
Subject: Adoption of Resolution Establishing Enforcement of Fence, Wall and Hedge Heights as the Lowest Code Enforcement Priority
Recommended Action
Staff recommends that the City Council:

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

2. Adopt the attached Resolution establishing enforcement of height regulations for fences, walls and hedges as set forth in the Zoning Ordinance and any applicable Specific Plan as the lowest Code Enforcement priority, and declaring habitability and keeping people housed as the highest priority.

Summary
The City of Santa Monica Code Enforcement Division is tasked with protecting the health, safety, and welfare of all those that work in, live in, and visit the City. Through the prompt and vigorous enforcement of the City’s codes related to building, noise, property maintenance, nuisances, and housing, Code Enforcement helps protect the quality of life and overall welfare of the community. With the broad swath of issues addressed by Code Enforcement staff, it is essential that issues be given different prioritization based on the severity and overall impact of the violation. One of the many issues that Code Enforcement investigates are violations of fence, wall, and hedge height regulations, which are established in the zoning ordinance and applicable specific plans. Enforcement of fence, wall, and hedge height regulations make up a very small percentage of the violations that Code Enforcement investigates.

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At the October 22, 2024, City Council meeting, the City Council directed staff to return on November 11, 2024, with a resolution to establish that fence, wall, and hedge height enforcement is the lowest code enforcement priority and issues related to habitability and keeping people housed as the highest.

In response to Council direction, staff is bringing forward the attached resolution clarifying that the highest priority Code Enforcement issues are those that relate to housing, habitability, and safety, and the lowest priority relates to the height of fences, walls, and hedges.

Discussion
Code Enforcement cases are generally assigned a priority level. These priorities tend to align with the level of threat to the community, how impactful the violation is on the quality of life for the nearby residents, and how intermittently the issue arises. Health and safety and housing/habitability-related issues have always been prioritized above all other issues. Fence, wall, and hedge height complaints have routinely been prioritized lower. The City Council last endorsed Code Enforcement priority levels as part of the City’s restructuring efforts in response to the changes in staffing levels as a result of the COVID-19 pandemic.

Council’s direction to establish enforcement of fence, wall, and hedge height regulations as the lowest Code Enforcement priority is consistent with past and best practice where health, safety, and housing related concerns remain the top priorities. This is reflected in the attached Resolution. Community members can continue to file complaints regarding fence, wall, and hedge height regulations; however, Code Enforcement staff will only initiate enforcement action on such complaints after all other active Code violations within the City have been addressed.

Issues regarding the heights of fences, walls, and hedges will continue to be enforced for vacant properties where there is a clear public safety rationale for continued enforcement. These requirements are found in Chapter 13.04 of the Santa Monica Municipal Code and relate to the security of and visibility into the interior of a vacant

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property where transient and/or criminal activity often occurs. Staff believes this still meets the intent of the October 22, 2024, City Council direction.

Environmental Review
The resolution establishing enforcement of fence, wall, and hedge height regulations as the lowest Code Enforcement priority is exempt from CEQA pursuant to Section 15061(b)(3) of the CEQA Guidelines. The resolution is covered by the common sense exemption which states that CEQA does not apply, “where it can be seen with certainty that there is not possibility that the activity in question may have a significant effect on the environment.” The resolution is administrative in nature as it establishes enforcement of fence, wall and hedge height regulations as the lowest Code Enforcement priority and does not amend any previously established development standards. Thus, the Resolution would not result in adverse physical impacts on the environment, and therefore, is exempt from CEQA.

Past Council Actions
Meeting Date Description
10/22/2024
(attachment A)
Direction from City Council for staff to return with a
resolution clarifying fence, wall, and hedge height is the lowest code enforcement priority and habitability and
keeping people housed is the highest.

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

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Prepared By: Daniel Mick, Code Enforcement Manager
Approved Forwarded to Council
Attachments:

A. New Priorities by Case Type
B. CDD - Reso - FWH Lowest Enforcement Priority - 11.11.24 C. Written Comments

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Case Type Priorities and Response Times
Program and Case Types Priority Response Time
(Business Days)
Time to Comply
(Calendar Days)
Building and Safety -
Construction Work without Permit 1 1 Up to 30
Construction Work with Expired Permit 1 1 Up to 30
Dangerous Buildings 1 3 Up to 30
Garage Conversions 1 3 Up to 30
Seismic Retrofit 3 5 Up to 30
Substandard Housing 1 1 Up to 30
Nuisances -
Property Maintenance 2 3 Up to 14 days
Construction Hours 2 3 Immediate
Construction Noise 2 1 Immediate
Excessive Storage / Hoarding 3 5 Up to 14 days
Exterior Noise Standards 2 3 Up to 14 days
Litter, Debris and Weeds on Public Right-of-Way 3 5 Up to 14 days Noise (Other) 2 3 Immediate
Storage of Inoperative Vehicles 4 7 Up to 14 days
Vacant Properties 2 3 Up to 14 days
OSE -
Leaf Blowers 4 7 Immediate
Plastic Bag Ban 4 7 Immediate
Poly / Styrofoam Container Ban 4 7 Immediate
Property Maintenance -
Interior Housing 2 3 Up to 14 days
Overgrown Vegetation - PROW Obstruction 2 3 Up to 14 days Public Works -
Graffiti 4 7 Up to 14
HVO 3 5 Up to 14
Trash Receptacles Placement 4 7 Up to 14
Tree Code 3 1 Immediate
Regulatory -
City Permit - Other 2 3 Up to 14
Cannabis/ Medical Marijuana 3 5 Immediate
Fitness Trainers 3 5 Immediate
Expired Business License 4 7 Up to 14
No Business License 2 3 Up to 14
Pedi Cabs 3 5 Immediate
Performers 3 5 Immediate
Shared Mobility 2 3 Immediate
Surf Instructors 3 5 Immediate
Taxi 4 7 Immediate
Valet 4 7 Immediate
Vehicles for Hire 4 7 Immediate
Vendors 3 5 Immediate
Short Term Rental -
Corporate Housing 2 3 Up to 10
Home Sharing 2 3 Up to 10
Vacation Rental 2 3 Up to 10
Zoning -
Auto Dealer 4 7 Up to 14
Conditions of Approval 4 7 Up to 14
Fences and Hedges - Other 4 7 Up to 14
Fence, Hedge, Wall Height 5 30+ 30+
Lighting (Glare) 4 7 Up to 14

5.N.a
Packet Pg. 442 Attachment: New Priorities by Case Type [Revision 1] (6751 : Resolution To Address Prioritization of Fence, Wall and Hedge Ordinance Program and Case Types Priority Response Time
(Business Days)
Time to Comply
(Calendar Days)
Outdoor Dining on Public Rights-of-Way33 Up to 14
Outdoor Merchandise33 Up to 14
Parklet33 Up to 14
Signs47 Up to 14
Unpermitted Occupancy23 Up to 14
Zoning Conformance Reviews35 Up to 14
Zoning-Other35 Up to 14
Seasonal Sales35 Up to 14
Temporary Uses31 Up to 14
Other-
Smoking47 Immediate
Tenant Harassment35 Immediate
Disruption of Housing Services35 Immediate
Buyout Offers and Agreements35 Immediate

5.N.a
Packet Pg. 443 Attachment: New Priorities by Case Type [Revision 1] (6751 : Resolution To Address Prioritization of Fence, Wall and Hedge Ordinance 1 City Council Meeting: November 11, 2024 Santa Monica, California RESOLUTION NUMBER _________ (CCS)
(City Council Series)

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

ESTABLISHING ENFORCEMENT OF FENCE, WALL AND HEDGE HEIGHTS

AS THE LOWEST CODE ENFORCEMENT PRIORITY
WHEREAS, the City’s Code Enforcement Division is tasked with protecting the health, safety and welfare of all those that work, live in, and visit the City; and WHEREAS, through prompt and vigorous enforcement of the City’s codes related to housing, building safety, property maintenance, nuisances, and noise, the Code Enforcement Division helps protect the quality of life and overall welfare of the community; and
WHEREAS, the City Council previously established maximum heights for fences, walls, and hedges in the City’s Zoning Ordinance and applicable Specific Plans; and WHERAS, the Code Enforcement is responsible for enforcement of fences, walls and hedges that exceed those established maximum heights; and WHEREAS, the Code Enforcement Division is also responsible for investigating and enforcing a wide range of matters that protect habitability and keeping people housed, including, but not limited to, substandard housing, dangerous buildings, tenant harassment, and disruption of housing services; and
WHEREAS, on average, Code Enforcement investigates approximately 1600- 1800 cases a year, 1.5% of which is dedicated to enforcement of overheight fences, walls and hedges; and

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Packet Pg. 444 Attachment: CDD - Reso - FWH Lowest Enforcement Priority - 11.11.24 (6751 : Resolution To Address Prioritization of Fence, Wall and Hedge 2 WHEREAS, with the broad swath of issues addressed by the Code Enforcement Division, it is essential to establish priorities based on severity and overall impact of a violation; and
WHEREAS, the economic impacts of the COVID-19 pandemic devastated nearly all of the City’s revenue streams, including sales tax, transient occupancy tax, parking revenue, and business license revenue; and
WHEREAS, after reviewing these impacts at its April 14, 2020, meeting, the City Council directed staff to develop a plan to restructure City operations to meet the challenges posed by COVID-19 and to balance the budget; and WHEREAS, on May 5, 2020, the City Council adopted a restructuring plan (the “Restructuring Plan”) which, among other things, merged divisions from the Planning and Community Development and Community Services Departments into the Community Development and Community Services Departments; and
WHEREAS, the City’s restructuring efforts continued after the adoption of the restructuring plan, and, in part, included the City Council endorsing Code Enforcement priorities; and
WHEREAS, consistent with past practices, the prioritized health and safety and housing-related issues, and placed overheight fences, walls and hedges as a lower priority; and
WHEREAS, the State is experiencing a housing supply crisis, with housing demand far outstripping supply; and

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Packet Pg. 445 Attachment: CDD - Reso - FWH Lowest Enforcement Priority - 11.11.24 (6751 : Resolution To Address Prioritization of Fence, Wall and Hedge 3 WHEREAS, the housing crisis has resulted in increased poverty and homelessness, especially first-time homelessness, and forced lower income residents into crowded and unsafe housing in urban areas; and
WHEREAS, on February 14, 2023, the City Council adopted a Proclamation Declaring a Local Emergency on Homelessness, which was extended on May 9, 2023, and again on May 14, 2024; and
WHEREAS, the Proclamation has been used to advance several key initiatives related to homelessness and keeping people housed, including, but not limited to:
entering into a contract for support with research and recommendations for the City’s efforts to increase renters’ protections, increasing the amount of monthly income assistance provided to participants in the Preserving Our Diversity Program, which provides monthly cash-based assistance to eligible senior households to help achieve a basic after-rent income to support aging in place; and
WHEREAS, the Proclamation further enables the City to, among other things, prevent rent price gouging through enforcement of Penal Code section 396(e) to limit rent increases to more than 10% a year during the existence of the Proclamation; and WHEREAS, on October 22, 2024, the City Council gave the City Manager and the City Attorney direction to return at the next City Council meeting with a resolution to adopt a policy that height regulations for fences, walls, and hedges set forth in the City’s Zoning Ordinance and any applicable Specific Plan are the lowest code enforcement priority, and affirming that habitability and keeping people housed should be the highest priorities for Code Enforcement.

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Packet Pg. 446 Attachment: CDD - Reso - FWH Lowest Enforcement Priority - 11.11.24 (6751 : Resolution To Address Prioritization of Fence, Wall and Hedge 4 NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SANTA MONICA DOES RESOLVE AS FOLLOWS:

SECTION 1. Lowest Code Enforcement Priority. The City Council hereby establishes height regulations for fences, walls and hedges as set forth in the Zoning Ordinance and any applicable Specific Plan the lowest Code Enforcement priority and further declares that habitability and keeping people housed, as the highest priority.

SECTION 2. The City Clerk shall certify to the adoption of this Resolution, and thenceforth and thereafter the same shall be in full force and effect.

APPROVED AS TO FORM:
_________________________

DOUGLAS SLOAN
City Attorney

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Packet Pg. 447 Attachment: CDD - Reso - FWH Lowest Enforcement Priority - 11.11.24 (6751 : Resolution To Address Prioritization of Fence, Wall and Hedge 1 David Yakobson
From: G Walkow <[email protected]>
Sent: Monday, November 11, 2024 7:23 PM
To: councilmtgitems; David Yakobson
Subject: re. Item 5N on 9.11.24 City Council Agenda - Code Violation Enforcement Follow Up Flag: Follow up
Flag Status: Completed

EXTERNAL
I spoke briefly, but was not able to complete my statement. Please kindly read:

My name is Gary Walkow. I have a couple of pictures to show. I have lived at 2501 Beverley Ave. Apt. 2 for 43 years. I am a writer and live and work in my apartment.

A year ago the neighbor at 2511 Beverley Avenue (immediately adjacent), installed a hedge that is 35 feet high. My bedroom and office are now in permanent darkness, with no direct sunlight because of this tall hedge.

My quality of life, and the quality of life of other residents, has been adversely affected.

Regarding point “5 N” (Code Enforcement) - you state that priorities should align with "how impactful the violation is on the quality of life of nearby residents.” That is exactly the case with this side hedge.

Code Violation officer Santavia Signod has already made a site visit, and they determined the hedge was in violation and should be cut down to 12 feet. This would restore the light to my apartment.

In terms of Code Violation resources, the time has already been invested to correct this situation. With minimal resources this problem can be corrected if the owner is ordered to comply with the code.

Please complete the enforcement of this side hedge that was negatively effected the quality of life of myself and others.

Thank you,
Gary Walkow
Item 5-N
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Item 5-N
November 11, 2024

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Packet Pg. 448 Attachment: Written Comments (6751 : Resolution To Address Prioritization of Fence, Wall and Hedge Ordinance Enforcement) 2 Item 5-N
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Item 5-N
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Packet Pg. 449 Attachment: Written Comments (6751 : Resolution To Address Prioritization of Fence, Wall and Hedge Ordinance Enforcement) 3 This picture shows the 35' hedge.

Item 5-N
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Item 5-N
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Packet Pg. 450 Attachment: Written Comments (6751 : Resolution To Address Prioritization of Fence, Wall and Hedge Ordinance Enforcement) 4 Item 5-N
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Item 5-N
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Packet Pg. 451 Attachment: Written Comments (6751 : Resolution To Address Prioritization of Fence, Wall and Hedge Ordinance Enforcement) 5 This is the vierw from my bedroom window.

Item 5-N
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Item 5-N
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Packet Pg. 452 Attachment: Written Comments (6751 : Resolution To Address Prioritization of Fence, Wall and Hedge Ordinance Enforcement) 6 Item 5-N
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Packet Pg. 453 Attachment: Written Comments (6751 : Resolution To Address Prioritization of Fence, Wall and Hedge Ordinance Enforcement) 7 This is the view from my office
Item 5-N
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Item 5-N
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Packet Pg. 454 Attachment: Written Comments (6751 : Resolution To Address Prioritization of Fence, Wall and Hedge Ordinance Enforcement) 8 Item 5-N
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Item 5-N
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Packet Pg. 455 Attachment: Written Comments (6751 : Resolution To Address Prioritization of Fence, Wall and Hedge Ordinance Enforcement) 9 This is the view from mybathroom.

Item 5-N
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Item 5-N
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Packet Pg. 456 Attachment: Written Comments (6751 : Resolution To Address Prioritization of Fence, Wall and Hedge Ordinance Enforcement) City Council
Report
City Council Meeting: November 11, 2024
Agenda Item: 5.O
1 of 5
To: Mayor and City Council
From: David Martin, Director, Administration
Subject: Adoption of Resolution of Intention to Amend the Municipal Code to Increase the Maximum Allowed Height of Fences, Walls, and Hedges in the Front Setbacks of R2, R3, and R4 Zoning Districts and to Address the Rules for Measuring the Heights of Fences, Walls, and Hedges, Including Those Located on Top of Retaining Walls
Recommended Action
Staff recommends that the City Council:

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

2. Adopt a Resolution directing the Planning Commission to initiate an amendment to the City’s Zoning Ordinance to increase the maximum allowed height of fences, walls, and hedges in the front setbacks of R2, R3, and R4 zoning districts and to address the rules for measuring the heights of fences, walls, and hedges located on top of retaining walls.

Summary
On October 22, 2024 City Council directed staff to begin the process of amending the Zoning Ordinance to increase maximum heights for fences, walls and hedges in the front setback in the R2, R3, and R4 zoning districts, with particular consideration for the appropriateness of up to 60 inches in height (with 50% transparency for walls and fences above 42 inches in height within context of crime prevention principles) and to address measurements that may include retaining walls. Council also directed staff to suspend enforcement and processing of pending fence, wall, and hedge applications in the R2, R3, and R4 zones until the ordinance becomes effective in R2, R3, and R4 zones for those that would comply with that standard. Council further directed that a recommendation be brought back in 90 days or as soon as possible thereafter and to

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also initiate community engagement on this matter, to be included in the recommendation to City Council.

Pursuant to Santa Monica Municipal Code (SMMC) Section 9.46.030(A), the City Council may adopt a Resolution directing the Planning Commission to initiate an amendment to the Zoning Ordinance. Resolutions of Intention are a required step in the process to provide a formal public notice that amendments to the Zoning Ordinance will be considered at a future meeting. If Council adopts the attached Resolution of Intention, the process still requires that the Planning Commission consider the proposed amendments and make their formal recommendation to the City Council. The Council will then consider the Planning Commission’s recommendation on the proposed amendments at a future hearing.

Discussion
Currently the Zoning Ordinance allows fence, wall, and hedge heights up to 42 inches in the front setback within all zoning districts except the Downtown Community Plan Area with the option to apply for a discretionary height modification should additional height be requested pursuant to Santa Monica Municipal Code (SMMC) Sections

9.21.050(A)(1) and 9.43.050(B).

Pursuant to SMMC Section 9.04.050(D), the height of any fence, wall, or hedge shall be measured from the lowest finished grade adjacent to either side of the fence, wall, or hedge. The height shall be measured in a continuum at each point along the fence, wall, or hedge. In the case of fences, walls, or hedges that are parallel to and within 5 feet of a public sidewalk or other public way, grade shall be the elevation of the closest point on the sidewalk or public way.

The height of a fence that is on top of a retaining wall is measured from the lowest existing grade point within a 3-foot radius of any point on such fence to the highest point of the fence on the highest side of the wall. Any fence or railing required to comply with minimum height in applicable Building Code requirements is permitted.

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On October 22, 2024, in response to concerns raised by residents regarding privacy and safety in the City’s R2, R3 and R4 zones due to proximity to commercial districts and the development volume in those districts as a result of changes in State law that allows for greater density, Council directed the City Manager and the City Attorney to begin the process of amending the Zoning Ordinance increase heights in the front yard setback in R2, R3, and R4 zone districts, with particular consideration for the appropriateness of 60 inches in height, with 50% transparency for walls and fences above 42 inches in height within the context of crime prevention principles, and to address measurements that may include retaining walls. The direction did not include other zoning districts nor the fence, wall, and hedge height limits in side and rear setbacks. Additionally, Council directed staff to address how retaining walls are measured and potentially explore not including retaining walls towards the measurement of maximum permitted fence, wall, hedge heights.

The attached Resolution of Intention represents the formal commencement of the process for the Planning Commission to consider recommending to the City Council amendments to the Municipal Code to increase the maximum allowed height of fences, walls, and hedges in the front setbacks of R2, R3, and R4 zoning districts to a maximum height of 60 inches and to address the rules for measuring the heights of fences, walls, and hedges located on top of retaining walls. The resolution does not represent any specific recommendations by staff or predict any final decisions by the City Council.

Instead, this resolution signifies the beginning of the formal process of a Zoning Text Amendment which requires that the Planning Commission make a recommendation to the City Council on the proposed changes. The Council will then hold a final public hearing on the proposed amendments. Following approval of the Resolution of Intention, formal Planning Commission consideration of these amendments will be scheduled upon completion of the community engagement process included as part of Council’s direction. City Council consideration of the proposed amendments will then follow.

Past Council Actions

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Meeting Date Description
10/22/24 (attachment
B)
In response to concerns raised by residents regarding
privacy and safety, request by Councilmember Parra and
Mayor Brock to direct the City Manager and City Attorney to begin the process of amending the Zoning Ordinance to
increase heights in the front yard setback in R2, R3, and R4 zone districts, with particular consideration for the
appropriateness of 60 inches in height, with 50%
transparency for walls and fences above 42 inches in height within the context of crime prevention principles; address measurements that may include retaining walls; and
suspend enforcement and pending applications until the
ordinance becomes effective in R2, R3, and R4 for those that would comply with that standard. Given the
considerable amount of work that has been performed to
date on this issue, the City Attorney and City Manager are being asked to return to City Council with a recommendation in 90 days or as soon as possible thereafter. The City
Attorney and City Manager are further directed to
immediately initiate community engagement on this matter to be included in the recommendation to City Council.

Environmental Status
This Resolution of Intention is the formal initiation of the process to consider permanent amendments to the Zoning Ordinance in accordance with the formal procedures of the SMMC and as such, is exempt from CEQA pursuant to Section 15061(b)(3) of the CEQA Guidelines which states that CEQA does not apply “where it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment.” The resolution of intention is a required step that is administrative in nature in order to commence the process of amending the Zoning Ordinance. Therefore, it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment.

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

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Prepared By: Jing Yeo, Planning Manager
Approved Forwarded to Council
Attachments:

A. CDD-Reso-Resolution of Intention re Fence Wall Hedge Heights 11.11.24 B. City Council Meeting October 22, 2024 (Web Link)

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1 City Council Meeting: November 11, 2024 Santa Monica, California RESOLUTION NUMBER _________ (CCS)
(City Council Series)

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

SANTA MONICA DIRECTING THE PLANNING COMMISSION TO INITATE AN AMENDMENT TO THE TEXT OF THE CITY’S ZONING ORDINANCE TO INCREASE

THE MAXIMUM ALLOWED HEIGHTS OF FENCES, WALLS AND HEDGES IN THE FRONT SETBACKS OF R2, R3 AND R4 ZONING DISTRICTS AND TO ADDRESS

THE RULES FOR MEASURING THE HEIGHTS OF FENCES, WALLS AND HEDGES,

INCLUDING THOSE LOCATED ON TOP OF RETAINING WALLS
WHEREAS, the City’s new Zoning Ordinance, Chapters 9.01 through 9.52 of Article 9 of the Santa Monica Municipal Code (“Zoning Ordinance”), became effective on July 24, 2015; and
WHEREAS, currently the Zoning Ordinance, in accordance with Santa Monica Municipal Code (SMMC) Section 9.21.050(A)(1), allows fence, wall, and hedge heights up to 42 inches in the front setback within all zoning districts, with the option to apply for a discretionary height modification should additional height be requested pursuant to SMMC Section 9.43.050(B); and
WHEREAS, SMMC Section 9.04.050(D), provides rules for measurement of any fence, wall, or hedge, including specific rules for measuring fences, walls and hedges located on top of retaining walls; and
WHEREAS, during its Regular Meeting on October 22, 2024, in response to concerns raised by residents regarding privacy and safety, the City Council directed the City Manager and City Attorney to begin the process of amending the Zoning Ordinance to: increase heights in the front yard setback in R2, R3, and R4 zone districts, with particular consideration for the appropriateness of 60 inches in height, with 50%

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Packet Pg. 462 Attachment: CDD-Reso-Resolution of Intention re Fence Wall Hedge Heights 11.11.24 (6756 : Resolution of Intention to Initiate Amendments to 2 transparency for walls and fences above 42 inches in height within the context of crime prevention principles; and address measurements that may include retaining walls.

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

SECTION 1. Pursuant to Santa Monica Municipal Code Section 9.46.030(A), the City Council does hereby direct the Planning Commission to initiate an amendment to the text of the Zoning Ordinance, as set forth in Exhibit A, attached to this Resolution.

SECTION 2. The City Clerk shall certify to the adoption of this Resolution, and thenceforth and thereafter the same shall be in full force and effect.

APPROVED AS TO FORM:
_________________________

DOUGLAS SLOAN
City Attorney

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Packet Pg. 463 Attachment: CDD-Reso-Resolution of Intention re Fence Wall Hedge Heights 11.11.24 (6756 : Resolution of Intention to Initiate Amendments to 3 EXHIBITA
[behind this page]

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Packet Pg. 464 Attachment: CDD-Reso-Resolution of Intention re Fence Wall Hedge Heights 11.11.24 (6756 : Resolution of Intention to Initiate Amendments to 4 TOPIC DESCRIPTION

SMMC SECTION(S) TO

BE REVIEWED

AND/OR AMENDED

INCLUDE BUT MAY
NOT BE LIMITED TO:

Fences, Walls
and Hedges
Consider possible amendments to:
• Increase heights in the front yard setback in
R2, R3, and R4 zone districts, with particular
consideration for the appropriateness of 60
inches in height, with 50% transparency for
walls and fences above 42 inches in height
• Address measurements that may include
retaining walls

9.04.050, Land Use
Regulations, Measuring
Height

9.21.050, Fences, Walls
and Hedges

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Packet Pg. 465 Attachment: CDD-Reso-Resolution of Intention re Fence Wall Hedge Heights 11.11.24 (6756 : Resolution of Intention to Initiate Amendments to 1 April 9, 2024
(NOT APPROVED)

CITY OF SANTA MONICA

CITY COUNCIL MINUTES
APRIL 9, 2024
A regular and special meeting of the Santa Monica City Council was called to order by Mayor Brock at 5:36 p.m., on Tuesday, April 9, 2024, at City Council Chambers, 1685 Main Street, Santa Monica, CA.

Roll Call: Present: Mayor Phil Brock
Mayor Pro Tem Lana Negrete (arrived at 5:39 p.m.)
Councilmember Gleam Davis
Councilmember Oscar de la Torre
Councilmember Christine Parra
Councilmember Caroline Torosis (arrived at 5:43 p.m.)
Councilmember Jesse Zwick
Also Present: City Manager David White
City Attorney Douglas Sloan
Interim City Clerk Nikima S. Newsome
CONVENE/PLEDGE On order of the Mayor, the City Council convened at 5:36 p.m., with all members present except Councilmember Torosis and Mayor Pro Tem Negrete. Councilmember Parra led the assemblage in the Pledge of Allegiance.

LEVINE ACT

DISCLOSURE
(Mayor Pro Tem Negrete
arrived at 5:39 p.m.)
Pursuant to the Levine Act (Govt Code Section 84308), any party to a permit, license, contract, or other entitlement before the Council is required to disclose on the record any contribution, including aggregated contributions, of more than $250 made by the party or the party's agents within the preceding 12 months to any City official.

Participants and agents are requested to make this disclosure as well.

The disclosure must include the name of the party, participant, or agent, and any other person making the contribution; the name of the recipient, the amount of the contribution, and the date the contribution was made.

GENERAL PUBLIC
INPUT:
(Councilmember Torosis
arrived at 5:43 p.m.)
Members of the public Jocelyn Salazar, Arnoldo Paniagua, Charles Fredricks, Jeffrey Cooper, David Clennon, Naibe Montes, David Montes, Jerry Rubin, Sarah Newell, Linda Clark, Joan Sekler, Anya Baroff, Johnathan Foster, Alexandra Anemone, People of California, and Sherna Berger Gluck commented on various local issues.

PUBLIC INPUT FOR No members of the public commented on Closed Session items.

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Packet Pg. 466 Minutes Acceptance: Minutes of Apr 9, 2024 5:30 PM (CONSENT CALENDAR) 2 April 9, 2024

CLOSED SESSION,

SPECIAL AGENDA

ITEMS AND CONSENT
CALENDAR ONLY:

No members of the public commented on Special Agenda items.

Members of the public Boris Suchkov, Caro Vilain, Natalya Zernitskaya and Connor Webb commented on Consent Calendar items.

PROCLAMATIONS/

COMMENDATIONS/

SPECIAL AGENDA
ITEMS

3.A. Proclamation: Library Week, was presented.

3.B. Proclamation: Poetry Month, was presented.

3.C. City Manager Report, was presented.

CLOSED SESSIONS
(Councilmember de la Torre
recused from all Closed
Session items)
On order of the Mayor, the City Council recessed at 6:35 p.m., to consider closed sessions and returned at 8:21 p.m., with all members present, to report the following:

4.A. Conference with legal counsel - existing litigation - Gov. Code §54956.9(d)(1): John U.N.B. Doe, et al. v. City of Santa Monica, et al.; LASC Case No. 23STCV12746
The City Attorney advised this matter was heard with no reportable action taken.

4.B. Conference with legal counsel - existing litigation - Gov. Code §54956.9(d)(1): Hector Orozco v. John Doe, Does 1-2; LASC Case No. 23SMCV03120
The City Attorney advised this matter was heard with no reportable action taken.

4.C. Conference with legal counsel - existing litigation - Gov. Code §54956.9(d)(1): John Doe 1, et al. v. City of Santa Monica, et al.; LASC Case No. 23STCV15009
The City Attorney advised this matter was heard with no reportable action taken.

4.D. Conference with legal counsel - existing litigation - Gov. Code §54956.9(d)(1): John Doe (A.G.) v. Santa Monica Police Activities League, et al.; LASC Case No. 23SMCV0606
The City Attorney advised this matter was heard with no reportable action taken.

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Packet Pg. 467 Minutes Acceptance: Minutes of Apr 9, 2024 5:30 PM (CONSENT CALENDAR) 3 April 9, 2024

4.E. Conference with legal counsel - existing litigation - Gov. Code §54956.9(d)(1): John JPC Doe v. Doe City, et al.; LASC Case No. 23STCV22020
The City Attorney advised this matter was heard with no reportable action taken.

4.F. Conference with legal counsel - existing litigation - Gov. Code §54956.9(d)(1): John AD Doe, et al. v. City of Santa Monica, et al.; LASC Case No. 23STCV26548
The City Attorney advised this matter was heard with no reportable action taken.

4.G. Conference with legal counsel - existing litigation - Gov. Code §54956.9(d)(1): John CW Doe, et al. v. City of Santa Monica, et al.; LASC Case No. 23STCV29623
The City Attorney advised this matter was heard with no reportable action taken.

4.H. Conference with legal counsel - existing litigation - Gov. Code §54956.9(d)(1): City of Santa Monica v. ICSOP, et al.; OCSC Case No. 30-2022-01261243
The City Attorney advised this matter was heard with no reportable action taken.

4.I. Conference with legal counsel - existing litigation - Gov. Code §54956.9(d)(1): Pico Neighborhood Association and Maria Loya v. City of Santa Monica, L.A.S.C. Case No. BC 616804; Second District Court of Appeal Case No. B295935
This item was withdrawn at the request of staff.

4.J. Conference with legal counsel - existing litigation - Gov. Code §54956.9(d)(1): Daniel Reygosa v. Charlesetta Grant, et al.; LASC Case No. 21STCV39861 [report out only]
The City Attorney advised this matter was heard at the February 27, 2024 Council meeting. Settlement Agreement No. 11639 (CCS) approved in the amount of $250,000.00 by a vote of 6-0 with Councilmember Zwick absent from the meeting.

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

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Packet Pg. 468 Minutes Acceptance: Minutes of Apr 9, 2024 5:30 PM (CONSENT CALENDAR) 4 April 9, 2024
CONSENT CALENDAR: All items were considered and approved in one motion unless removed by a Councilmember for discussion.

At the request of Councilmember Parra, Item 5.A. was removed from the Consent Calendar.

Motion by Councilmember de la Torre, seconded by Mayor Pro Tem Negrete, to approve the Consent Calendar except for Item 5.A., reading resolutions by title only and waiving further reading thereof. The motion was approved by the following vote:

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

AMERICANA IN THE
PARK

5.B. Approval of Third Contract Modification with McCabe's Guitar Shop for their Fourth Annual Production of Americana in the Park, was approved.

Recommended Action
Staff recommends that the City Council

1. Adopt a finding of categorical exemption pursuant to Section 15323 of the California Environmental Quality Act (CEQA) Guidelines;

2. Authorize the City Manager to negotiate and execute a third modification to Agreement No. 11554 (CCS) in an estimated amount of $100,000 with McCabe’s Guitar Shop, a California-based company, to produce, develop, and implement the fourth annual Americana in the Park in September 2024. This will result in an amended Agreement with a new total amount not-to-exceed $302,000, with no future funding expected for this Agreement.

ZERO WASTE PLAN
UPDATE

5.C. Award Contract No. 11555 (CCS) to R3 Consulting Group, Inc. for the 2024 Zero Waste Plan Update, was approved.

Recommended Action
Staff recommends that the City Council:

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

2. Award RFP# 399 to R3 Consulting Group, Inc. for the City’s 2024 Zero Waste Plan Update for the Public Works Department; and

3. Authorize the City Manager to negotiate and execute Agreement No. 11555 (CCS) with R3 Consulting Group, Inc., in an amount not to exceed $113,430 (including a $18,905 contingency) for one year.

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Packet Pg. 469 Minutes Acceptance: Minutes of Apr 9, 2024 5:30 PM (CONSENT CALENDAR) 5 April 9, 2024
TRANSIT BUS SUPPLIES 5.D. Award Bid to Southern Counties Lubricants, LLC for the Purchase of Engine Oils and Fluids for Transit Buses, was approved.

Recommended Action
Staff recommends that the City Council:

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

2. Award Bid #4480 to Southern Counties Lubricants, LLC for the purchase of transit bus engine oil, coolant, and lubricants as needed by the Department of Transportation; and

3. Authorize the Procurement Manager to issue a purchase order with Southern Counties Lubricants, LLC for the purchase of transit bus engine oil, coolant, and lubricants in the amount not to exceed $147,193, for one year with five additional one-year renewal options to extend on the same terms and conditions, for a total amount not to exceed $809,561including a $10% contingency, with future year funding contingent on Council budget approval.

SANTA MONICA PIER

CAROUSEL

5.E. Award Request for Proposal and enter into Agreement No. 11556 (CCS) with Roth Management for Operation and Maintenance of the Santa Monica Pier Carousel, was approved.

Recommended Action
Staff recommends that the City Council:

1. Adopt a finding of Categorical Exemption pursuant to Section 15301 and Section 15331 of the California Environmental Quality Act (CEQA) Guidelines.

2. Award RFP# 398 to Roth Management for operation and
maintenance of the Santa Monica Pier Carousel for the Community Development Department.

3. Authorize the City Manager to negotiate and execute Agreement No. 11556 (CCS) with Roth Management, in an amount not to exceed $897,235 for three years, with two additional one-year renewal option(s) in the amount of $643,916, on the same terms and conditions.

ANNENBERG

COMMUNITY BEACH
HOUSE

5.F. Approval of Amendment to Contract No. 11557(CCS), formerly known as Contract No. 3896 with Bounce, Inc. for Specialty Recreation Classes at the Annenberg Community Beach House, was approved.

Recommended Action
Staff recommends that the City Council

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Packet Pg. 470 Minutes Acceptance: Minutes of Apr 9, 2024 5:30 PM (CONSENT CALENDAR) 6 April 9, 2024

1. Adopt a finding of no possibility of significant effect pursuant to Section 15601(b)(3) (Common Sense Exemption) of the California Environmental Quality Act (CEQA) Guidelines.

2. Authorize the City Manager to negotiate and execute a second modification to an agreement with Bounce, Inc. #3896 to increase the amount of the agreement by an additional $171,696 and permit the City to exercise its remaining two options to extend the agreement through FY 26-27. This will result in a total not-to-exceed amount of $420,696 with future year funding contingent on Council budget approval.

EXECUTIVE

SEARCH/PLACEMENT

SERVICES

5.G. Approval of Agreement No. 11558 (CCS) through No. 11563 (CCS) for As-needed Executive Search Services / Placement Services, was approved.

Recommended Action
Staff recommends that the City Council:

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

2. Award RFP #368 to Teri Black and Company, LLC; Mosaic Public Partners; Raftelis Financial Consultants, Inc.; Baker Tilly US, LLP; WBCP, Inc.; and Ralph Andersen & Associates for as-needed Executive Search Services / Placement Services for the Human Resources Department;

3. Authorize the City Manager to negotiate and execute six agreements with the following firms: Teri Black and Company, LLC; Mosaic Public Partners; Raftelis Financial Consultants, Inc.; Baker Tilly US, LLP; WBCP, Inc.; and Ralph Andersen & Associates for as-needed Executive Search Services / Placement Services, for a total aggregate amount for the six agreements, not to exceed $250,000 over a fiveyear period.

SALARY RESOLUTION 5.H. Adoption of Salary Resolution No. 11579 (CCS) for the Establishment of Job Classifications, was adopted.

Recommended Action
Staff recommends that the City Council

1. Adopt a finding of no possibility of significant effect pursuant to Section 15601(b)(3) (Common Sense Exemption) of the California Environmental Quality Act (CEQA) Guidelines.

2. Adopt attached Salary Resolution No. 11579 (CCS) to establish a new classification of Library Program Specialist-Literary Services and restore the recently abolished classification of Public Information Coordinator.

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LIFEGUARD SERVICES 5.I. Approval of Second Amendment to Contract No. 9045 (CCS) with the County of Los Angeles for Lifeguard Services on Santa Monica State Beach, was approved.

Recommended Action
Staff recommends that City Council:

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

2. Authorize the City Manager to negotiate and execute a Second Modification to Agreement No. 9045 (CCS) in the amount of $3,962,000 with the County of Los Angeles for lifeguard services for the Community Development Department. This will result in a 16- year amended agreement with a new total amount not to exceed $47,495,594.

STEWART STREET &

PENNYSYLVANIA AVE
SAFETY

ENHANCEMENT

PROJECT
(Councilmember de la Torre
recused from the item at 8:28
p.m.)

5.A. Award Construction and Construction Observation Contracts for Stewart Street and Pennsylvania Avenue Safety Enhancement Project, was approved.

Recommended Action
Staff recommends that the City Council:

1. Adopt a finding of Categorical Exemption pursuant to Section 15301 and Section 15311 of the California Environmental Quality Act (CEQA) Guidelines and Section 21080.25 of CEQA;

2. Award Bid #SP2653 to PALP Inc. dba Excel Paving Company, a California-based company, for the construction of the Stewart Street and Pennsylvania Avenue Safety Enhancement Project for the Public Works Department;

3. Authorize the City Manager to negotiate and execute construction Contract No. 11552 (CCS) with PALP Inc. dba Excel Paving Company in an amount not to exceed $5,817,320 (including a 10% contingency);

4. Authorize the Director of Public Works to issue any necessary change orders to complete additional work within contract authority;

5. Award Request for Proposal (RFP) #SP2653 & #SP2662 to Willdan Engineering to provide construction management and materials testing services for the Stewart Street & Pennsylvania Avenue Safety Enhancement Project and the Olympic Boulevard & 26th Street Project for the Public Works Department;

6. Authorize the City Manager to negotiate and execute construction management Agreement No. 11553 (CCS) with Willdan Engineering in an amount not to exceed $530,672 for a term of three year; and

7. Authorize budget changes as outlined in the Financial Impacts & Budget Actions section of this report.

Questions asked and answered of staff included: what type of material will

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be used for the proposed protected bike lanes; how will handicap spaces on Stewart Street be impacted; would the two lanes remain on Stewart Street; when is construction anticipated to begin; what other types of bollards could be used that don’t cause a hinderance; would funding be lost if the item was not approved tonight; relating to their width, what protections did the concrete barriers provides.

Motion by Councilmember Davis, seconded by Councilmember Torosis, to adopt the staff recommendation. The motion was approved by the following vote:

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

PUBLIC INPUT ON

REMAINING AGENDA
ITEMS:
(Councilmember de la Torre
returned at 9:00 p.m.)
Members of the public Judy Krueger; Denise Barton; and Mike Sullivan commented on Item 11.A.

Members of the public Chuck Powell; Herbert Hardy; Crispin Carrasco; and Theresa Marasco commented on Item 11.B.

Members of the public Jennifer Smith; Nicole Faries; and Denise Barton commented on Item 16.B.

Members of the public Jerry Rubin; Johnathan Foster; and Denise Barton commented on Item 16.C.

Member of the public Michael Masucci; Jeff Gordon; Frederico Galavis; Deepa Subramaniam; Janet Owen Driggs; Mona Kuhn; and Robert Berman commented on Item 16.F.

Member of the public Johnathan Foster, John Alle (time donated by Jessica Rogers); and Denise Barton commented on Item 16.I.

ARTS COMMISSION 8.A. Appointment to one unscheduled vacancy on the Arts Commission for a term ending on June 30, 2027 (Continued from 3/19/2024), was presented.

On order of the Mayor, the floor was opened for nominations.

Councilmember Parra nominated Bob Ramirez.

Bob Ramirez was voted by acclamation to the Arts Commission, for a term ending June 30, 2027, with all members present.

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HOUSING COMMISSION 8.B. Appointment to one unscheduled vacancy on the Housing Commission for a term ending on June 30, 2025 (Continued from 3/19/2024), was presented.

On order of the Mayor, the floor was opened for nominations.

Mayor Brock nominated Deborah Lynch.

Councilmember Torosis nominated Lynda Rush.

Lynch: Councilmembers de la Torre, Parra,
Mayor Pro Tem Negrete, Mayor Brock
Rush: Councilmembers Torosis, Davis, Zwick
Councilmembers Zwick, Davis and Torosis changed their votes to Deborah Lynch, thereby appointing Deborah Lynch by acclamation to the Housing Commission for a term ending June 30, 2025, all members present.

STAFF

ADMINISTRATIVE
ITEMS:

BUSINESS LICENSE TAX

MODERNIZATION

11.A. Business License Tax Modernization, was presented.

Recommended Action
Staff recommends that City Council:

1. Consider the proposed Business License Modernization and associated business license tax rate changes;

2. Direct staff to draft changes, as applicable to section of Article 6 Business, Professions and Trades;

3. Prepare a draft measure for the Business License Modernization and a proposed resolution to place the measure on the November 2024 ballot: and

4. 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.

Questions asked and answered of staff included what was the purpose of the $75.00 fee; is there anything being done to incentivize workers to return to the office in the City; what is the history of the tax cap; would the proposed staggered rate be counter-productive to bringing more employers back into the office; will the tax rate be fixed or will it increase over time and can the definitions of businesses be expanded.

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

AYES: Councilmembers Zwick, Parra, Davis, Torosis, de la Torre,

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Mayor Pro Tem Negrete, Mayor Brock
NOES: None
ABSENT: None
AFFORDABLE HOUSING 11.B. Approval of Design Concept for Affordable Housing Development located on City-owned Site located at 1318 Fourth Street and Negotiate Ground Lease and Disposition and Development Agreement, was presented.

Recommended Action
Staff recommends that the City Council:

1. Select Design Concept #1 for the affordable housing development located at 1318 Fourth Street, Santa Monica, CA 90401 (PS3) – 122 apartments with 2 levels of underground parking;

2. Direct staff to proceed with negotiations of the Ground Lease and Disposition and Development Agreement (DDA) with developer EAH, Inc.; and

3. Adopt a finding of no possibility of significant effect on the environment for providing direction on development concept pursuant to Section 15061(b)(3) (Common Sense Exemption) of the California Environmental Quality Act (CEQA) Guidelines and find that the future development of affordable housing on the City-owned properties at 1318 Fourth Street is consistent with the certified 6th Cycle Housing Element Environmental Impact Report (State Clearinghouse No. 2020100575).

Questions asked and answered of staff included are union workers not being employed for this project; has there been discussions as to what type of grocery store will being going into this space; what elements will be part of the design as it pertains to the availability of natural light and nature; how many parking spaces; what is the vision for the grocery space as far as parking; will the entire first floor be a grocery store and what is the proposed square footage; will the grocery store hire locally; how does the size of the grocery store compare to others; will the work/live concept be prioritized so that those who work in the City will receive priority with obtaining housing; is there anyway to build this project more quickly; is there any possibility of lowering the per unit cost and will any concessions need to be made to increase the building by one floor.

Considerable discussion ensued on topics including, but not limited to community serving space; holding subcontractors accountable to pay prevailing wage and concerns with the amount of proposed parking spaces.

Motion by Councilmember Torosis, seconded by Councilmember Davis, to adopt the staff recommendation.

Councilmember Zwick proposed a friendly amendment to Staff

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Recommendation 1 to evaluate adding an additional story to the design concept. The amendment was considered friendly by the maker and seconder.

The motion was approved by the following vote:

AYES: Councilmembers de la Torre, Torosis, Davis, Parra, Zwick, Mayor Pro Tem Negrete, Mayor Brock
NOES: None
ABSENT: None
CONTINUE MEETING Motion by Councilmember Davis, seconded by Councilmember Zwick, to continue past 11:00 p.m.  The motion was passed by unanimous voice vote with all members present.

REPORT ON MEETING

COMPENSATION
Pursuant to State law, Interim City Clerk Nikima Newsome announced that Council will receive $50.00 in compensation for meeting as the Housing Authority Board.

SPECIAL MEETING On order of the Mayor, the City Council convened to a special meeting of the Housing Authority at 11:45 p.m., with all members present, except Authority Member Cochran.

PUBLIC HEARINGS:

FY 2024-25 ANNUAL AND

ADMINISTRATIVE
PLANS

12.A. Public Hearing and Adoption of Santa Monica Housing Authority Draft Fiscal Year 2024-25 Annual and Administrative Plans, was presented.

Recommended Action
Staff recommends the Santa Monica Housing Authority Board:

1. Hold a public hearing and receive public comment;

2. Adopt the Fiscal Year 2024-25 Santa Monica Housing Authority Annual Plan;

3. Adopt the Fiscal Year 2024-25 Santa Monica Housing Authority Administrative Plan;

4. Authorize the Submission of the Fiscal Year 2024-25 Annual and Administrative Plans to the United States Department of Housing and Urban Development (HUD); and

5. 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.

Member of the public Richard Hilton, spoke to the recommended action.

Motion by, Authority/Councilmember Davis, seconded by
Authority/Councilmember Torosis, to adopt the staff recommendation. The motion was approved by the following vote:

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

ADJOURNMENT OF

SPECIAL JOINT

MEETING
On order of the Chair/Mayor, the special joint meeting was adjourned at 11:57 p.m. and the regular meeting of the City Council, was reconvened with all members present.

COUNCILMEMBER
DISCUSSION ITEMS:

DISCRETIONARY FUNDS

16.A. Request of Councilmembers Zwick, Torosis, and Davis that the City Council allocate a total of $10,000 from its Discretionary Fund to support our city’s public libraries. Specifically, the funds will support programming around the Pico Branch’s 10th Anniversary Celebration on June 29, which will include oral history kits for community members and organizations to check out and record their personal stories, as well as programming and after-hours staff support for the Main Library’s special Friday preview event to Yallwest, the teen book festival at Samohi, and book giveaways, library activities, storytellers, and performers at the Arts & Literacy Festival on April 27, was heard.

Items 16.A., 16.B., 16.F. and 16.H. were voted on concurrently.

Motion by Councilmember Torosis, seconded by Councilmember Zwick, to Approve Items 16.A., 16.B., 16.F. and 16.H. in one vote.

The motion was approved by the following vote:

AYES: Councilmember Zwick, Parra, Davis, Torosis, de la Torre, Mayor Pro Tem Negrete, Mayor Brock
NOES: None
ABSENT: None
DISCRETIONARY FUNDS 16.B. Request of Councilmembers Zwick, Torosis, and Davis that the Council allocate $20,000 of its discretionary funds to Santa Monica High School Grad Nite, a 501(c)(3), to support a safe and fun graduation night celebration for all Santa Monica High School seniors, was heard.

Items 16.A., 16.B., 16.F. and 16.H. were voted on concurrently.

Motion by Councilmember Torosis, seconded by Councilmember Zwick, to Approve Items 16.A., 16.B., 16.F. and 16.H. in one vote.

The motion was approved by the following vote:

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

YOUTH COMMISSION

ESTABLISHMENT

16.C. Request of Mayor Brock and Vice Mayor Negrete that the City Manager, City Attorney, and City Clerk develop and return to City Council with recommendations to establish a Youth Commission (or Council) based on best practices. The City currently engages youth at PAL (Youth Leadership Council), Virginia Avenue Park (Teen Leadership Council), and the Library (Teen Leadership Council) and a Youth Commission (or Council) would represent an opportunity to expand opportunities for youth to be involved in city government. In addition to evaluating a Youth Commission (or Council), the City Manager and City Attorney are also encouraged to explore other opportunities such as evaluating the potential to add dedicated seats for youth on existing boards or commissions, was heard.

Motion by Mayor Pro Tem Negrete, seconded by Mayor Brock, to approve the item.

The motion was approved by unanimous voice vote, with all members present.

DISCRETIONARY FUNDS 16.D. Request of Councilmembers Davis, Torosis and Zwick that the City Council allocate up to $8,333 of their discretionary funds to the Public Policy Institute at Santa Monica College to support the 2024 Public Policy Symposium - an event jointly sponsored by Santa Monica College and Santa Monica Malibu Unified School District, was not heard.

HUMAN SERVICES

COMMISSION

16.E. Recommendation to accept Helen Finkelstein's resignation from the Human Services Commission and authorize the City Clerk to publish the vacancy, was heard.

Motion by Councilmember Davis, seconded by Mayor Brock, to accept the resignation with gratitude.

The motion was approved by a unanimous voice vote, with all members present.

DISCRETIONARY FUNDS 16.F. Request of Mayor Brock, Councilmember de la Torre, and Councilmember Parra that the City Council allocate up to $10,000 from its Discretionary Fund to Santa Monica College to spend on expenses related to inaugural Santa Monica Digital New Arts Festival – an innovative, inclusive, and diverse six-month long festival that celebrates the synthesis of art and science by focusing on the diverse and highly fascinating work of Digital Art. The DNA Festival brings together Santa

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Monica’s leading cultural institutions: Santa Monica College, Bergamot Station Arts Center, and 18th Street Arts Center in cooperation with the Santa Monica Arts Commission’s Media Arts Subcommittee, LA ACM SIGGRAPH and the EZTV Online Museum, offering free admission to more than 16 events across 12 venues from June 22, 2024 to November 21, 2024, was heard.

Items 16.A., 16.B., 16.F. and 16.H. were voted on concurrently.

Motion by Councilmember Torosis, seconded by Councilmember Zwick, to Approve Items 16.A., 16.B., 16.F. and 16.H. in one vote.

The motion was approved by the following vote:

AYES: Councilmember Zwick, Parra, Davis, Torosis, de la Torre, Mayor Pro Tem Negrete, Mayor Brock
NOES: None
ABSENT: None
DISCRETIONARY FUNDS 16.G. Request of Mayor Brock that the City Council allocate $5,000.00 from the Council Discretionary funds to the Elks Lodge of Santa Monica to cover costs associated with the rental of sound system, small stage, chairs, and related event expenses for the Memorial Day event the Elks Lodge and American Legion Post are hosting at Woodlawn Cemetery in Santa Monica on May 27, 2024 and direct the City Manager to promote the event on the City’s social media platforms, was not heard.

CITY EVENT FEES 16.H. Request of Vice Mayor Negrete, Councilmember Davis, and Councilmember Parra that the City Council, as part of May being Mental Health Awareness Month, approve City Sponsorship of Los Angeles County Department of Mental Health’s “Take Action for Mental Health” event taking place on June 1, 2024 on the Santa Monica Pier by directing the City Manager to waive all City Fees for Purpose Driven Solutions, the event has contracted with to produce the event and collect sponsorships. City Fees related to the “Take Action for Mental Health” event include, but are not limited to, the application, administrative, neighborhood notification, business license, parking, and zero waste plan fees associated with the use of the Pier in an amount up to $15,482.08 of waived fees, was heard.

Items 16.A., 16.B., 16.F. and 16.H. were voted on concurrently.

Motion by Councilmember Torosis, seconded by Councilmember Zwick, to Approve Items 16.A., 16.B., 16.F. and 16.H. in one vote.

The motion was approved by the following vote:

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

CLEAN NEEDLE

DISTRIBUTION

16.I. Request of Mayor Brock, Vice Mayor Negrete, and
Councilmember Parra that the City Council adopt attached Resolution No. 11580 (CCS) objecting to the County of Los Angeles’ Implementation of the Clean Needle Distribution Program in the City of Santa Monica, was heard.

Motion by Councilmember Parra, seconded by Mayor Brock, to the resolution by the following vote:

AYES: Councilmembers Parra, de la Torre
Mayor Pro Tem Negrete, Mayor Brock
NOES: Councilmembers Davis, Zwick, Torosis
ABSENT: None
ADJOURNMENT On order of the Mayor, the City Council meeting adjourned at 12:31 a.m. in memory of Bob Rosenbloom, Charlene “Chris” Volaski, and Sofia Wolpert.

ATTEST: APPROVED:

Nikima S. Newsome Phil Brock
Interim City Clerk Mayor

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Report
City Council Meeting: November 11, 2024
Agenda Item: 10.A
1 of 5
To: Mayor and City Council
From: Matthew Hallock, Fire Chief, Fire Department
Subject: Introduction and First Reading of an Ordinance Amending Municipal Code Section 4.65.030 and Approval of 2nd Modification to Agreement #10605 for Emergency Medical Transport and Billing Services
Recommended Action
Staff recommends that the City Council:

1. Adopt a finding that the agreement and ordinance is not a “project” subject to the California Environmental Quality Act (CEQA);

2. Authorize the City Manager to negotiate and execute a second modification to agreement #10605 with Westmed Ambulance Service, Inc, dba McCormick Ambulance Service, for emergency ambulance services and medical billing services for the Fire Department;

3. Authorize the City Manager to negotiate and execute a cost recovery agreement with McCormick Ambulance for 12 months, on the same terms and conditions, for a total agreement period of eight years; and

4. Introduce for first reading an ordinance to amend Municipal Code Section

4.65.030 to extend the Living Wage Ordinance exemption for the term of the contract with McCormick Ambulance for emergency ambulance services and medical billing services.

Summary
Since 2004, the City has contracted with a private ambulance contractor to provide emergency medical transport and billing services for the response, assessment, treatment, and/or transportation of members of the public by Santa Monica Fire Department (“SMFD”) paramedics. Since 2018, the City has contracted with McCormick Ambulance for these services. On August 23, 2022, Council approved the first modification to Contract No. 10605 to extend the City’s agreement with McCormick until January 31, 2025. At the time City staff intended to begin the competitive bidding

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process in the latter half of 2024 and have a new agreement with the selected vendor executed by the time the current McCormick agreement expired. However, due to the complexity of the transport and billing industry and its associated processes, SMFD requires additional time to solicit and evaluate proposals and to execute an agreement with the selected vendor. Therefore, staff recommends an extension of the current agreement with McCormick until January 31, 2026, under the same terms and conditions. The extension would be for 12 months and would provide the City with enough time to complete the competitive bidding process and execute a new agreement. Staff also recommends that Municipal Code Section 4.65.030 be amended to extend the exemption period in the Living Wage Ordinance to allow for McCormick to continue lawfully operating within City limits during the extended term of the current agreement.

Discussion
The Santa Monica Fire Department responds to over 17,500 emergency calls per year.

Of those calls, about 75% are for medical services. An ambulance and a paramedic fire engine are dispatched to all calls requiring medical treatment, regardless of severity.

Because the City contracts with McCormick Ambulance for emergency medical transport and billing services for patients, a McCormick Ambulance and an SMFD paramedic engine both arrive at the scene. Based on the assessments of responding SMFD paramedics, a determination is made to either: “treat-no-transport”, provide basic life support (“BLS”) transport, or provide advanced life support (“ALS”) transport. For ALS transports, SMFD paramedics accompany the patient to provide treatment in the ambulance enroute to the medical facility. McCormick makes about 8,200 transports annually, split roughly 59% BLS and 41% ALS.

Under the City’s agreement, the City does not submit a direct payment to McCormick for its services. Instead, McCormick bills the patients directly for their transport services.

The charges assessed are based on rates set by Los Angeles County, as set forth in their General Public Ambulance Rates Schedule. For ALS transports, McCormick sends the City the Advanced Life Support (ALS) Assessment Fee, adopted by Council on June 15, 2004. This fee is currently $1,106 and is the difference between the ALS and BLS emergency response rate ($3,329 and $2,223, respectively) in the FY 2024-25 General

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Public Ambulance Rates Schedule. Medi-Cal and Medicare patients are billed at their respective contracted rates. The City receives revenue from McCormick for ALS transports only. In FY 2023-24, the City received $404,967 in cost-recovery for transports occurring in that fiscal year.

With the anticipated expiration of the current contract on January 31, 2025, SMFD issued a Request for Proposal for an ambulance transport provider on October 14, 2024 with proposals due on or before November 11, 2024. However, due to the complexity of the transport and billing processes and the ambulance service provider industry in general, SMFD requires additional time to evaluate the proposals, select a vendor, and execute an agreement. Therefore, staff recommends extending the term of the City’s current agreement with McCormick for 12 months, or until January 31, 2026.

Exemption from Living Wage Requirement
Contractors who provide emergency ambulance services to the City are different from other City contractors subject to the Living Wage Ordinance because emergency ambulance providers do not control rates for the services they provide. Rather, the Los Angeles County Board of Supervisors sets rates for all emergency transport services.

The County rates are the maximum allowable ambulance rates chargeable to the general public. Thus, while there is an established methodology for increasing rates that takes into account some wage changes, these factors do not include the higher Santa Monica living wage. Additionally, revenue collected by ambulance companies is dependent on the insurance payor mix of the patients transported. Payor mix varies from community to community, and in Santa Monica, approximately 47% of the ambulance transports are Medicare patients and 22% are Medi-Cal/Medicaid patients.

These patients pay considerably less to the ambulance company than what is billed. All of these factors, in addition to employee wages, influence the bottom line of any ambulance company providing services in this community.

On September 13, 2022, Ordinance No. 2718 was adopted to extend the sunsetting of the Living Wage Ordinance exemption for McCormick to July 31, 2025. The Council determined the extension to be warranted because staff had identified that emergency ambulance services providers have specific challenges that differentiate them from other City contractors. The Council’s action ensured that emergency ambulance services would be uninterrupted within the City. Staff now seeks to extend this

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exemption again to coincide with the duration of the City’s contract with McCormick.

Staff recommends that Council adopt the attached proposed ordinance (Attachment A) amending Santa Monica Municipal Code §4.65.030 which extends the duration of the exemption to January 31, 2026.

Environmental Review
The modification of the City’s agreement with McCormick Ambulance and the corresponding proposed ordinance are not a “project” subject to the California Environmental Quality Act (CEQA). The modification extends the agreement for up to 12 months, allowing McCormick to continue providing ambulance transport and patient billing services for the City. The agreement modification and proposed ordinance are procedural in nature and simply extend the existing ambulance services and corresponding living wage exemption. Pursuant to CEQA Section 21065, the modification and proposed ordinance do not meet the definition of a “project” subject to CEQA as they will not “cause either a direct physical change in the environment, or a reasonably foreseeable indirect physical change in the environment”. Additionally, per Section 15378(b) of the CEQA Guidelines, a “project” does not include continuing administrative or maintenance activities, such as purchases for supplies, personnelrelated actions, general policy and procedure making. Therefore, the extended agreement and adoption of the proposed ordinance are not subject to CEQA.

Past Council Actions
Meeting Date Description
01/09/2018 Award RFP #144 to Westmed Ambulance Service, Inc. dba McCormick Ambulance
06/23/2020 Adopt Ordinance No. 2640 to amend Santa Monica Municipal Code Section 4.65.030 (living wage ordinance) to provide a temporary exemption for emergency ambulance
and billing services
08/23/2022 Approval of First Modification to Contract No. 10605 with McCormick Ambulance to extend agreement for two years
and Introduction/First Reading of Ordinance No. 2718 to

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amend Santa Monica Municipal Code Section 4.65.030 to
also extend living wage exemption for two years
09/13/2022 Adopt Ordinance No. 2718 to amend Santa Monica Municipal Code Section 4.65.030 to extend living wage
exemption for two years
Financial Impacts and Budget Actions
There is no immediate financial impact or budget action necessary as a result of the recommended action. Staff will return to Council if specific budget actions are required in the future.

McCormick Ambulance’s compensation is not a direct payment from the City; the provider bills the patient directly. McCormick Ambulance will also bill the patient on behalf of the Santa Monica Fire Department for services provided by the Fire Department. The cost recovery amount for FY 2024-25 is already included in the adopted budget.

Prepared By: Jonathan Tang, Principal Administrative Analyst Approved Forwarded to Council
Attachments:

A. Living Wage Exemption Ordinance to Jan 31, 2026
B. 2018-01-09 Award RFP 144 to McCormick
C. 2022-08-23 McCormick 1st Modification
D. Levine Act Disclosure Form 10-22-24
E. Oaks Initiative 10-22-24

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1 City Council Meeting: November 11, 2024 Santa Monica, California ORDINANCE NUMBER _________ (CCS)
(City Council Series)

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA AMENDING SANTA MONICA MUNICIPAL CODE SECTION 4.65.030 TO PROVIDE A

TEMPORARY EXEMPTION FOR EMERGENCY AMBULANCE AND BILLING

SERVICES
WHEREAS, on March 8, 2005 the City Council of the City of Santa Monica adopted Ordinance No. 2152 (the “Living Wage Ordinance”) to require that persons working on City contracts over a threshold amount receive a living wage; and WHEREAS, the Council’s findings established that the purpose of the Living Wage Ordinance includes ensuring that those workers have sufficient income to pay the high costs of living in the City, region, and state, to cover health care, and to have the leisure to participate in civic life; and
WHEREAS, the Living Wage Ordinance is broadly applicable to all City contracts in the amount of $54,200 or more; and
WHEREAS, in some circumstances strict adherence to the requirements of the Living Wage Ordinance is detrimental to the City’s welfare and does not serve the ordinance’s purposes; and
WHEREAS, providing emergency ambulance transport services is of vital importance to the City; and

10.A.a
Packet Pg. 486 Attachment: Living Wage Exemption Ordinance to Jan 31, 2026 [Revision 3] (6663 : McCormick Ambulance Transport and Billing Extension) 2 WHEREAS, providers of emergency ambulance transport services do not control rates for the services they provide and thus cannot currently comply with the City’s Living Wage Ordinance; and
WHEREAS, on July 11, 2017, the City Council adopted Ordinance No. 2548, which amended Santa Monica Municipal Code Section 4.65.030 to provide for a temporary exemption to the Living Wage Ordinance for emergency ambulance and billing services until June 30, 2020; and
WHEREAS, on June 23, 2020, the City Council adopted Ordinance No. 2640, which amended Santa Monica Municipal Code Section 4.65.030 to extend the sunset of the temporary exemption to the Living Wage Ordinance for emergency ambulance and billing services to until January 31, 2023; and
WHEREAS, on September 13, 2022, the City Council adopted Ordinance No. 2718, which amended Santa Monica Municipal Code Section 4.65.030 to extend the sunset of the temporary exemption to the Living Wage Ordinance for emergency ambulance and billing services to until January 31, 2025; and WHEREAS, the City desires to extend its current contract with its emergency ambulance and billing service provider for 12 months, or until January 31, 2026; and WHEREAS, the City wishes to amend Santa Monica Municipal Code Section

4.65.030 to further extend the sunset provision in the exemption to the Living Wage Ordinance so that the expiration of the exemption is in alignment with the proposed extension of the contract term for the City’s contract with its emergency ambulance and billing services provider, or until January 31, 2026.

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Packet Pg. 487 Attachment: Living Wage Exemption Ordinance to Jan 31, 2026 [Revision 3] (6663 : McCormick Ambulance Transport and Billing Extension) 3 NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SANTA MONICA DOES HEREBY ORDAIN AS FOLLOWS:

SECTION 1. Section 4.65.030 of the Santa Monica Municipal Code is hereby amended to read as follows:

4.65.030 Exemption.

The requirements of this Chapter shall not apply to employers that are government agencies, City grantees, nonprofit corporations, corporations providing banking services, or entities providing emergency ambulance and billing services. The exemption set forth in this Section for entities providing emergency ambulance and billing services shall sunset on January 31, 2025 January 31, 2026.

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

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

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Packet Pg. 488 Attachment: Living Wage Exemption Ordinance to Jan 31, 2026 [Revision 3] (6663 : McCormick Ambulance Transport and Billing Extension) 4 SECTION 4.The Mayor shall sign and the City Clerk shall attest to the passage of this Ordinance. The City Clerk shall cause the same to be published once in the official newspaper within 15 days after its adoption. This Ordinance shall become effective 30 days from its adoption.

APPROVED AS TO FORM:
_________________________
Douglas Sloan, City Attorney

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Packet Pg. 489 Attachment: Living Wage Exemption Ordinance to Jan 31, 2026 [Revision 3] (6663 : McCormick Ambulance Transport and Billing Extension) City Council
Report
City Council Meeting: January 9, 2018
Agenda Item: 3.F
1 of 5
To: Mayor and City Council
From: Bill Walker, Fire Chief, Fire Department
Subject: Award RFP# 144 for Emergency Medical Patient Transport and Billing Services
Recommended Action
Staff recommends that the City Council:

1. Award RFP#144 to Westmed Ambulance INC. DBA McCormick Ambulance, a Colorado based company, to provide emergency ambulance and billing services for the Fire Department;

2. Authorize the City Manager to negotiate and execute a cost recovery agreement with McCormick Ambulance, for three years, with two additional one-year renewal options, on the same terms and conditions over a five-year period.

Executive Summary
A private ambulance contractor has provided emergency ambulance transport and billing services for the Fire Department since 2004. Following a competitive bidding process, staff recommends a contract with McCormick Ambulance to provide emergency ambulance and billing services for a three-year term beginning February 1, 2018. McCormick Ambulance bills the patient directly for transported services resulting in the Fire Department’s anticipated annual cost recovery of $800,000, as reflected in the FY2017-18 Budget.

Background
On April 10, 2017, the City posted a Request for Proposals (RFP) for Emergency Ambulance Services and Patient Billing, seeking proposals from ambulance service contractors interested in providing emergency (911) ambulance transportation and patient billing services for the Santa Monica Fire Department (SMFD). One potential proposer notified the City that they would not submit a proposal due to their inability to comply with the City's Living Wage Ordinance (LWO). City staff subsequently reached out to other service providers and concluded that industry standard pay, including that

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Packet Pg. 490 Attachment: 2018-01-09 Award RFP 144 to McCormick (6663 : McCormick Ambulance Transport and Billing Extension) 2 of 5
of the City’s current provider, does not comply with the City’s LWO. In light of the information received, staff cancelled that RFP.

Staff identified that emergency ambulance services providers have specific challenges that differentiate them from other City contractors. Additionally, the City is not currently prepared to provide emergency transport services. As a result, on July 11, 2017, Council adopted Living Wage Ordinance amendment 2458 CCS that exempted ambulance services from the living wage for a limited time which sunsets on June 30, 2020. This action has ensured continuous provision of effective emergency services.

Impacted vendors must still comply with the City’s minimum wage law.

Contractors who provide emergency ambulance services to the City are different from other City contractors subject to the LWO because emergency ambulance providers do not control rates for the services they provide. Rather, the Los Angeles County Board of Supervisors sets rates for all emergency transport services. The Board adjusts rates annually based on changes to the medical care and transportation line items of the Consumer Price Index for All Urban Consumers and, starting July 1, 2017, the percentage change of the Los Angeles County minimum wage change. The County rates are the maximum allowable ambulance rates chargeable to the general public.

Thus, while there is an established methodology for increasing rates that takes into account some wage changes, these factors do not include the higher Santa Monica living wage. Additionally, revenue collected by ambulance companies is dependent on the insurance payer mix of the patients transported. Payer mix varies from community to community, and in Santa Monica, approximately one third of payers are Medicare and another third MediCal recipients. These payers pay considerably less to the ambulance company than what is billed. All of these factors, in addition to employee wages, influence the bottom line of any ambulance company providing services in this community.

The City is currently under contract until January 31, 2018, with Ameri-Care Ambulance as its ambulance provider and ambulance-related billing services provider. Ameri-Care has successfully provided ambulance services for the past five years. However, they

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Packet Pg. 491 Attachment: 2018-01-09 Award RFP 144 to McCormick (6663 : McCormick Ambulance Transport and Billing Extension) 3 of 5
are not recommended as the best qualified firm based on their proposal but will continue to provide their high-level of service until the completion of their contract and until their billing services are complete.

Discussion
The City has utilized an emergency ambulance and billing service company since 2004 to provide emergency medical transport and billing services for the response, assessment, treatment and/or transportation of members of the public by Fire Department paramedics. Charges are assessed based on the Advanced Life Support Assessment Fee adopted by City Council on June 15, 2004. The Advanced Life Support Assessment Fee is the difference between the Los Angeles County approved Advanced Life Support (“ALS”) rate and the Los Angeles County approved Basic Life Support (“BLS”) rate as set forth in the most current Los Angeles County Emergency Services Agency General Public Ambulance Rates. On the City’s behalf, McCormick Ambulance will bill approximately $796.00 per transport based on the current fee structure, excepting Medi-Cal and Medicare patients.

The Fire Department responds to over 16,000 emergency medical calls annually and calls for patient transport have increased 5% as compared to the previous year.

Currently approximately 7,500 patients are transported annually to local hospitals. The Fire Department’s response model includes six paramedic engine companies, two rescue ambulance paramedic non-transport unit, and other support units deployed as needed. The department also maintains two additional rescue ambulances that are mainly used for special events and non-transport responses. Contracted emergency ambulances are used to transport patients on behalf of the Fire Department with Santa Monica Fire Department paramedics on-board to provide patient treatment in the ambulance while en route to a medical facility.

Contractor Selection
In October 2017, the City issued a Request for Proposals (RFP) for an emergency ambulance and billing services. The RFP was posted on the City’s on-line bidding site, and notices were advertised in the Santa Monica Daily Press in accordance with City Charter and Municipal Code 2.24.072 Best Bidder provisions. Two Los Angeles County

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Packet Pg. 492 Attachment: 2018-01-09 Award RFP 144 to McCormick (6663 : McCormick Ambulance Transport and Billing Extension) 4 of 5
approved ambulance providers submitted proposals. Proposals were evaluated on experience, technical competence, training and continuing education of staff, billing and collection systems, business stability and references, value added and breadth of service, fleet and equipment quality and maintenance, capability and completeness of proposal to meet request for proposal requirements, and operational systems. After a thorough review, the five member selection committee comprised of representatives from the Fire Department and Finance Department recommended McCormick Ambulance as the best qualified firm based on the evaluation criteria. McCormick Ambulance’s proposal demonstrated their depth and breadth of experience and their organizational structure displayed their highly qualified personnel. McCormick’s fleet is expansive including 83 ambulances, 3 specialty disaster units, 2 high-risk ambulance units which can serve as isolations units for chemical exposures or suspected infectious diseases, a mobile command and communications trailer, and a mobile generator and fuel tender all of which could be utilized by the City in the event of a large-scale emergency or for special events. McCormick also operates an in-house, full service and fully accredited maintenance facility in Los Angeles County. McCormick currently meets all applicable minimum wage laws including the City’s Minimum Wage Ordinance (MWO), Santa Monica Municipal Code Chapter 4.62. McCormick’s proposal also identified their extensive employee training and continuing education program. The Fire Department is presently working with the current and prospective ambulance transport providers to ensure a smooth and seamless transition.

Financial Impacts & Budget Actions
There is no immediate budget or financial impact related to this staff report. McCormick Ambulance’s compensation is not a direct payment from the City; the provider bills the patient directly. McCormick Ambulance will also bill the patient on behalf of the Santa Monica Fire Department for services provided by the Fire Department; $800,000 in costrecovery has been included in the Fiscal Year 2017-18 Budget.

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Packet Pg. 493 Attachment: 2018-01-09 Award RFP 144 to McCormick (6663 : McCormick Ambulance Transport and Billing Extension) 5 of
5 Prepared By: Terese Toomey, Principal Administrative Analyst Approved Forwarded to Council

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Packet Pg. 494 Attachment: 2018-01-09 Award RFP 144 to McCormick (6663 : McCormick Ambulance Transport and Billing Extension) City Council
Report
City Council Meeting: August 23, 2022
Agenda Item: 10.A
1 of 6
To: Mayor and City Council
From: Danny Alvarez, Fire Chief, Fire Department
Subject: Introduction and First Reading of an Ordinance Amending Municipal Code Section 4.65.030 and Approval of First Modification to Contract 10605 for Emergency Medical Patient Transport and Billing Services Recommended Action
Staff recommends that the City Council:

1. Authorize the City Manager to negotiate and execute a first modification to agreement #10605 with Westmed Ambulance Service Inc. DBA McCormick Ambulance Service for emergency ambulance services and medical billing services for the Fire Department.

2. Authorize the City Manager to negotiate and execute a cost recovery agreement with McCormick Ambulance for two years, on the same terms and conditions, for a total agreement period of seven-years.

3. Introduce for first reading an ordinance to amend Municipal Code Section

4.65.030 to extend the Living Wage Ordinance exemption for the term of the contract with McCormick Ambulance for emergency transportation and billing services.

Executive Summary
The City has utilized an emergency ambulance and billing service company since 2004 to provide emergency medical transport and billing services for the response, assessment, treatment and/or transportation of members of the public by Fire Department paramedics. On January 9, 2018 Council approved Contract No. 10605 (“Agreement”) with McCormick Ambulance to provide emergency ambulance and billing services for a three-year term beginning February 1, 2018 with two additional one-year options to extend the term. On February 1, 2021 the City Manager notified McCormick of its intent to extend the term for the period of one year. On January 31, 2022 the City Manager notified McCormick of its intent to extend the term for the period of one year.

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Packet Pg. 495 Attachment: 2022-08-23 McCormick 1st Modification (6663 : McCormick Ambulance Transport and Billing Extension) 2 of 6
The current Agreement term runs through January 31, 2023. This proposed modification to the Agreement would extend the Agreement for an additional two years, or until January 31, 2025. McCormick’s compensation under the Agreement is based on billing for transported patient services. McCormick also generates a separate bill for City services, resulting in anticipated cost-recovery of $973,258 as reflected in the FY 2022- 23 Budget.

Discussion
The Santa Monica Fire Department (“SMFD”) responds to nearly 17,000 emergency calls for service annually and approximately 75% are calls for medical services.

McCormick transports approximately 7,500 patients annually. The Fire Department’s response model includes seven paramedic engine companies, the Community Response Unit, and other support units deployed as needed, including three rescue ambulances that are mainly used for special events. Contracted McCormick emergency ambulances are used to transport patients on behalf of the Santa Monica Fire Department with Department paramedics on-board during an advanced life support transport to provide patient treatment in the ambulance while enroute to a medical facility.

McCormick’s compensation under the Agreement is not a direct payment from the City.

Rather, McCormick bills the patient directly for their transport services. McCormick will also bill the patient on behalf of the Santa Monica Fire Department for Advanced Life Support assessments provided by the Fire Department; $973,258 in cost-recovery has been included in the Fiscal Year 2022-23 Budget.

Charges are assessed based on the Advanced Life Support (ALS) Assessment Fee adopted by Council on June 15, 2004 and the ALS Assessment for Basic Life Support (BLS) Transport fee adopted on October 26, 2021. The Advanced Life Support Assessment Fee is the difference between the Los Angeles County approved Advanced Life Support (“ALS”) rate (currently $2,710) and the Los Angeles County approved Basic Life Support (“BLS”) rate (currently $1,809) as set forth in the most current Los Angeles County General Public and Ambulance Rates Schedule. On the City’s behalf,

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Packet Pg. 496 Attachment: 2022-08-23 McCormick 1st Modification (6663 : McCormick Ambulance Transport and Billing Extension) 3 of 6
McCormick bills approximately $901 per transport based on the current fee structure, however Medi-Cal and Medicare patients are billed at their respective contracted rate.

McCormick bills for the BLS transport services and are paid directly from the payer.

McCormick bills the patient for ALS assessment or treatment; the City receives the ALS billable rate for services provided by SMFD paramedics.

The City is currently under contract with McCormick Ambulance until January 31, 2023 as its ambulance provider and ambulance-related billing services provider. McCormick has successfully provided ambulance services for over the past four years. Staff recommends extending their term for an additional two years of service while the Department undergoes a cost/revenue analysis of all options available for the delivery of Fire Department-based emergency medical services including the current delivery system and practices.

Previous Contractor Selection
On January 9, 2018 Council awarded the current emergency ambulance and billing services. Representatives from the Fire Department and Finance Department recommended McCormick Ambulance as the best qualified firm based on the evaluation criteria. McCormick Ambulance’s proposal demonstrated their depth and breadth of experience and their organizational structure displayed their highly qualified personnel.

Exemption From Living Wage Requirement
Contractors who provide emergency ambulance services to the City are different from other City contractors subject to the Living Wage Ordinance (LWO) because emergency ambulance providers do not control rates for the services they provide. Rather, the Los Angeles County Board of Supervisors sets rates for all emergency transport services.

The County rates are the maximum allowable ambulance rates chargeable to the general public. Thus, while there is an established methodology for increasing rates that takes into account some wage changes, these factors do not include the higher Santa Monica living wage. Additionally, revenue collected by ambulance companies is dependent on the insurance payer mix of the patients transported. Payer mix varies from community to community, and in Santa Monica, approximately one third of payers

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Packet Pg. 497 Attachment: 2022-08-23 McCormick 1st Modification (6663 : McCormick Ambulance Transport and Billing Extension) 4 of 6
are Medicare and another third are Medi-Cal recipients. These payers pay considerably less to the ambulance company than what is billed. All of these factors, in addition to employee wages, influence the bottom line of any ambulance company providing services in this community.

On June 09, 2020, Council extended Living Wage Ordinance amendment 2458 CCS that exempted ambulance services from the living wage for a limited time which sunsets on January 31, 2023. Staff identified that emergency ambulance services providers have specific challenges that differentiate them from other City contractors. This action has ensured continuous provision of effective emergency services. Impacted vendors must still comply with the City’s minimum wage law. Staff is seeking to extend this exemption for the duration of the contract with McCormick by adopting the attached resolution extending the term. (Attachment A)

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Packet Pg. 498 Attachment: 2022-08-23 McCormick 1st Modification (6663 : McCormick Ambulance Transport and Billing Extension) 5 of 6
Past Council Actions
Meeting Description
03/08/2005 City Council adopted Ordinance No. 2152 an ordinance of the City Council of the City of Santa Monica adding chapter 4.65 to the Santa Monica municipal code creating minimum wage requirements applicable to city contractors
07/11/2017 City Council adopted Ordinance No. 2548 an ordinance of the City Council of the City of Santa Monica amending Santa Monica municipal code section 4.65.030 to provide a
temporary exemption for emergency ambulance and billing services
01/09/2018 City Council awarded RFP#144 to Westmed ambulance inc. dba McCormick ambulance
06/23/2020 City Council adopted Ordinance No. 2640 an ordinance of the City Council of the City of Santa Monica amending Santa Monica municipal code section 4.65.030 to provide a
temporary exemption for emergency ambulance and billing services
Financial Impacts & Budget Actions
There is no immediate budget or financial impact related to this staff report. McCormick Ambulance’s compensation is not a direct payment from the City; the provider bills the patient directly. McCormick Ambulance will also bill the patient on behalf of the Santa Monica Fire Department for services provided by the Fire Department; $973,258 in costrecovery has been included in the Fiscal Year 2022-23 Budget.

Prepared By: Deanna Kendall, Administrative Analyst
Approved Forwarded to Council
Attachments:

A. McCormick OAKS INITIATIVE FORM - Updated 12.2021
B. McCormick Ambulance Staff Report 1.9.2018 Item 3F
C. Attachment A Proposed Ordinance Amending LWO Exemption 2024 CAO

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Packet Pg. 499 Attachment: 2022-08-23 McCormick 1st Modification (6663 : McCormick Ambulance Transport and Billing Extension) 6 of
6 D. Living Wage Exemption 2548
E. Living Wage Exemption 2640

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Packet Pg. 500 Attachment: 2022-08-23 McCormick 1st Modification (6663 : McCormick Ambulance Transport and Billing Extension) City of Santa Monica Levine Act Disclosure Form

CITY OF SANTA MONICA

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. 501 Attachment: Levine Act Disclosure Form 10-22-24 (6663 : McCormick Ambulance Transport and Billing Extension) 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.

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.

10.A.d
Packet Pg. 502 Attachment: Levine Act Disclosure Form 10-22-24 (6663 : McCormick Ambulance Transport and Billing Extension)

CITY OF SANTA MONICA

OAKS INITIATIVE NOTICE

NOTICE TO APPLICANTS, BIDDERS, PROPOSERS

AND OTHERS SEEKING DISCRETIONARY PERMITS, CONTRACTS,

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

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

10.A.e
Packet Pg. 503 Attachment: Oaks Initiative 10-22-24 (6663 : McCormick Ambulance Transport and Billing Extension)

CITY OF SANTA MONICA

Public benefits include:

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

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

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

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

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

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

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

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

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

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

Title:

Date:

Prepared by:

Signature:

Email: Phone:

Permit #
FOR CITY USE ONLY:

Bid/PO/Contract #
Ken Liebman Regional Direcor
October 22, 2024
[email protected] 626-633-4612
Westmed Ambulance, Inc. d/b/a McCormick Ambulance
n/a
Nick Loparcaro, CEO; Edward Van Horne, COO; Thomas Cook, EVP, General Counsel & Secretary

10.A.e
Packet Pg. 504 Attachment: Oaks Initiative 10-22-24 (6663 : McCormick Ambulance Transport and Billing Extension) City Council
Report
City Council Meeting: November 11, 2024
Agenda Item: 12.A
1 of 19
To: Mayor and City Council
From: David Martin, Director, Administration
Subject: Appeal of Landmark Commission Decision to Designate the Compass Rose Located North of and Adjacent to Runway 3 at Santa Monica Airport as a City Landmark
Recommended Action
Staff recommends that the City Council:

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

2. Deny Appeal 19ENT-0353 appeal of the Landmark Commission’s decision to designate the Compass Rose located north of and adjacent to Runway 3 at Santa Monica Airport as a City Landmark; and;

3. Approve Designation Application 19ENT-0353 to designate the Compass Rose as a City Landmark based on the findings provided in this staff report; and

4. Adopt the Statement of Official Action.

Executive Summary
This appeal asks the City Council to answer one question: Does the painted Compass Rose located north of and adjacent to Runway 3 at the Santa Monica Airport meet one or more of the criteria for designation as a City Landmark? As explained in more detail in this report, when answering this question, the City Council is limited to the jurisdiction of the Landmarks Commission under the Landmarks and Historic District Ordinance, Santa Monica Municipal Code Chapter 9.56. This limited jurisdiction does not include current operations of or the future closure of the Santa Monica Airport. Should the City Council determine that the Compass Rose

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meets one or more of the criteria for designation as a City Landmark, this will not interfere with the City’s obligations to operate the Airport or close it in the future.

On May 30, 2019, Robert Chattel of Chattel Inc. filed an Application to designate the painted Compass Rose located north of and adjacent to Runway 3 at the Santa Monica Municipal Airport as a City Landmark. The Compass Rose is a diagram of a standard circular magnetic compass painted on the ground adjacent to the airport runway.

Magnetic compasses such as that depicted by the Compass Rose were used as an early aviation navigational tool and are a form of air marking common to airports.

On September 9, 2019, the Landmarks Commission held a duly noticed public hearing to consider the feature’s eligibility as a City Landmark. After considering all evidence presented, including oral and written testimony, an historic assessment submitted by the Applicant, and an historic assessment obtained by the City, the Commission found that the Compass Rose met Criterion 1 (“exemplifies, symbolizes, or manifests elements of the cultural, social, economic, political or architectural history of the City”), set forth in Santa Monica Municipal Code Section 9.56.100(A), in that the Compass Rose is a symbolic feature representative of the “ Ninety-Nines”, a social and professional organization whose goals were to encourage and support women in aviation and to enhance opportunities for women seeking careers in the male-dominated field of aviation that was established circa November 1929.

On September 19, 2019, Ben Wang filed a timely appeal of the Landmarks Commission’s decision to designate the feature. Per Santa Monica Municipal Code Section 9.56.180, an appeal of the Landmark Commission’s decision is heard by the Santa Monica City Council as a de novo hearing.

After numerous continuances, the public hearing for this matter was set for October 22, 2024 but was pulled from the agenda as the Appellant submitted additional written correspondence on the day of the hearing. In that correspondence, the Appellant indicated that they were in favor of the Landmark Designation for the Compass Rose but also submitted other questions that are not relevant to Council’s consideration of the

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Landmark designation. Nonetheless, a supplemental memo has been prepared by the City Attorney’s Office addressing the Appellant’s questions (Attachment N).

Upon the review of the information available and applicable portions of the Santa Monica Municipal Code, staff recommends that the City Council deny the appeal and uphold the Landmarks Commission’s decision to designate the painted Compass Rose at Santa Monica Municipal Airport as a City Landmark.

Background
City of Santa Monica Landmark and Historic District Ordinance (SMMC 9.56) Adopted in 1976, the stated purpose of the City’s Landmark and Historic District Ordinance (the “Ordinance”) is:
[T]o promote the public health, safety and general welfare by establishing such procedures and providing such regulations as are deemed necessary to:

A. Protect improvements and areas which represent elements of the City’s cultural, social, economic, political and architectural history.

B. Safeguard the City’s historic, aesthetic and cultural heritage as embodied and reflected in such improvements and areas.

C. Foster civic pride in the beauty and noble accomplishments of the past.

D. Protect and enhance the City’s aesthetic and historic attractions to residents, tourists, visitors and others, thereby serving as a stimulus and support to business and industry.

E. Promote the use of Landmarks, Structures of Merit and Historic Districts for the education, pleasure and welfare of the people of this City. (SMMC § 9.56.020)
The Ordinance further establishes procedures and standards intended to achieve these purposes. Among these procedures, the SMMC grants the Landmarks Commission the power to designate Landmarks and Structures of Merit. The Commission has the option to designate an improvement as a Landmark or Structure of Merit to allow the City to protect and enhance improvements that are found to meet certain criteria to support

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either designation. Currently, there are 141 designated City Landmarks, 16 designated Structures of Merit, and 5 Historic Districts within the City.

To guide the exercise of discretion by the Landmarks Commission in designating Landmarks and the Council in approving or disapproving the actions of the Landmarks Commission, the Ordinance sets forth six Landmark Designation Criteria:
[T]he Landmarks Commission may approve the landmark designation of a structure, improvement, natural feature, or an object if it finds that it meets one or more of the following criteria:

1. It exemplifies, symbolizes, or manifests elements of the cultural, social, economic, political or architectural history of the City.

2. It has aesthetic or artistic interest or value, or other noteworthy interest or value.

3. It is identified with historic personages or with important events in local, state or national history.

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.

5. It is a significant or a representative example of the work or product of a notable builder, designer or architect.

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.
(SMMC § 9.56.100)
In accordance with the Landmarks Ordinance, upon appeal, the City Council reviews the Commission’s designation of a Landmark, as well as any related decisions de novo.

The Council may review and take action on all determinations, interpretations, decisions, judgments or similar actions taken that were in the purview of the Commission, and the Council may approve, in whole or in part, or disapprove the prior determinations and decisions of the Commission.

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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 that includes non-aviation uses such as a City park, commercial office space, art studios, a museum, event venues, parking, and aircraft 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, which continued to flourish through the 1960s, left Santa Monica in 1975. During the 1950s through 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 City executing an

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airport operational agreement with the Federal Aviation Administration (FAA) that same year.

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 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 whose goals were to encourage and support women in aviation and to enhance opportunities for women seeking careers in the male-dominated field of aviation. Women pilots faced significant discrimination. They 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 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 an effort 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

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memorializes. As described below, the Compass Rose was used as an early aviation navigational tool and form of air marking common to airports. 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 was multi-functional in that it was a form of air marking to assist pilots in navigating airfields, and it was also used to calibrate on-board aircraft compasses before departure.

It has been postulated that a navigational compass rose existed at the Santa Monica Airport at some unknown location as far back as 1929. It has also been hypothesized that a compass rose was painted on the tarmac at the northeast side of the airport adjacent the east end of runways 21 and 22 from around 1947 to roughly 1987-1988.

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. 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.

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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 NinetyNines’ 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.

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

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Landmarks Commission Action
As part of the Commission’s review, an historic assessment report evaluating the Compass Rose according to the Landmark designation criteria was prepared by one of the City’s historic preservation consultants, Ostashay and Associates Consulting (“OAC”). A copy of OAC’s report is attached as Attachment D. 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) due to it symbolizing an important chapter in the aviation history of women in Santa Monica.

Based on the Landmark designation findings and upon review of the Compass Rose feature, staff concludes that the feature is eligible for designation. However, 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, staff is in agreement with the OAC report, that the feature is eligible for designation under City of Santa Monica Landmark criterion 9.56.100(A)(1) as symbolizing an important chapter in the aviation history of women in Santa Monica as outlined in the September 09, 2019, staff report.

On September 09, 2019, the Landmarks Commission held a public hearing to discuss the feature’s potential eligibility as a City Landmark. The Commission found that the Compass Rose met criterion 1 (“exemplifies, symbolizes, or manifests elements of the cultural, social, economic, political or architectural history of the City”) in that the Compass Rose is a symbolic feature representative of the “ Ninety-Nines” circa November 1929. The Ninety-Nines were a social and professional organization whose goal was to encourage and support women in aviation. The group was involved with the first National Women’s Air Derby of 1929 which originated at the Santa Monica Airport (Clover Field) and was part of a turning point for women in aviation. The Commission also found that the Compass Rose is a symbolic feature, and while they designated a 3-

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foot area around the painted Compass Rose as a Landmark Parcel, the Commission noted that it is not a historic location at the airport. (See STOA Attachment F) Based on the Landmark designation findings outlined in the OAC report, evidence received prior to and during the Commission’s public hearing on September 09, 2019, and staff’s review of the appeal statement, staff continues to recommend that the feature is eligible as a City Landmark. Staff recommends that the City Council deny the appeal and support the Landmark Commission Designation based on findings that the improvement appears to meet one of the Landmark Designation criteria.

On November 11, 2019, the Landmarks Commission held a public hearing to discuss the feature’s potential eligibility as a City Landmark. In consideration of all written and oral testimony, staff and historic preservation consultant reports, and materials introduced into the public record, the Commission unanimously designated the Compass Rose and a 3-foot area around the painted Compass Rose 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.

During its deliberations, the Commission held a thorough discussion on the Landmarks criteria and whether the feature would be eligible for designation. The Commission determined that the painted Compass Rose was eligible because it symbolizes the history of women in aviation and its relationship to the Santa Monic Airport.

Robert Chattel of Robert Chattel Inc. submitted an independent historic assessment as part of the application for consideration by the Landmarks Commission. The assessment concluded that the feature satisfies the criterion findings as a City Landmark. The report by Chattel Inc. is provided as Attachment C along with the original application materials.

The September 09, 2019, Landmarks Commission staff report (Attachment I) and approved meeting minutes (Attachment J) are provided for reference. The approved Statement of Official Action is provided as Attachment F. The link to the audio recording

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of the September 09, 2019 meeting is included as Attachment L and posted on the City’s webpage:
http://santamonica.granicus.com/MediaPlayer.php?view_id=9&clip_id=4391 at 1:17.

Appeal
The appellant, Ben Wang, filed a timely appeal on September 19, 2019. The appeal contends that the Compass Rose does not meet the criteria for Landmarks designation because it:

1. Meets only one of the six Landmarks criteria;

2. Is a painted feature that has changed location over time, is non original, and has been repainted; and

3. Is inconsistent in design with the Ninety-Nines trademarked 16-point symbol.

Additionally, the appeal contends a designation may not be appropriate of the Compass Rose given the City’s obligations under the Consent Decree and the City Charter as they relate to the operation of the Airport.

Despite the appeal’s suggestion that the Landmarks Commission cannot designate the Compass Rose as a landmark under the Landmarks Ordinance due to the requirements of Santa Monica Charter Section 640 (Measure LC), such interpretation of the City Charter misunderstands the language of Section 640. Section 640 states that the City Council’s—and by extension the Landmarks Commission’s—authority to designate the Compass Rose a landmark is subject only to the City’s legal obligations covering its operation of the Airport. The City’s primary legal obligation governing Airport operations is the Consent Decree. Staff’s review of the Consent Decree finds that there is no basis in the Consent Decree or in its incorporated grant assurances that limit the City’s ability to designate the Compass Rose as a landmark since such designation does not affect the safe or efficient operation of the Airport as an aviation facility. Neither the Consent Decree nor Charter Section 640 is relevant to the City’s landmarks process as it relates to the Compass Rose.

Analysis

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Appeal Analysis

1. Appellant states the Compass Rose meets only one of the Landmarks Ordinance Criteria and “failed to meet the other 5 criteria”.

The Landmarks Ordinance states that “the Landmarks Commission may approve the landmark designation of a structure, improvement, natural feature, or an object if it finds that it meets one or more of the (Landmarks Ordinance) criteria. (SMMC § 9.56.100(A)).

As consistent with the Landmarks Ordinance and with the Commission’s typical practice, the Commission found that the painted feature meets Criterion 1 as symbolic of women in aviation history.

2. Appellant states that the Compass Rose is a painted feature that has changed locations over time is non-original and has been repainted.

In their deliberations, the Landmarks Commission recognized that the Compass Rose is a painted feature that has been relocated and repainted over time, and that information is included in the Statement of Official Action. The Commission found that the Compass Rose symbolizes the important aviation 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. Therefore, the Landmarks Commission found that the symbolic nature of the Compass Rose made it worthy of designation as a City Landmark.

3. The Appellant states that the Compass Rose is a 12-pointed symbol and as such is inconsistent in design with the Ninety-Nines trademarked 16-point symbol.

The appellant has observed that the symbol in the trademark image has 16 points while the Compass Rose is a 12-pointed symbol. However, the trademark states that, “the mark is comprised of a compass with the number “99” disposed in the center thereof, and is white and blue.” The symbol was painted by members of the Ninety-Nines, and the organization supported the designation.

Eligibility as Landmark or Structure and Proposed Findings The Ordinance requires the City Council, on appeal, to review the building’s eligibility as a Landmark based on the six criteria discussed below. In order to be designated as a

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City Landmark, the Council is required to find that the painted feature of the Compass Rose meets one or more of these criteria.

Landmarks Ordinance/Findings
Based on the findings as provided in the Landmark Assessment Report, the consultant finds that the feature 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 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.

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 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.

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

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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 Ninety-Nines 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.
(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 associated 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

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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.

Therefore, it has not become an established or familiar visual feature of a

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neighborhood, community, or the City. Therefore, the subject Compass Rose does not appear to satisfy this criterion.

RECOMMENDATION
Staff recommends that the City Council 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 a 12-point Compass Rose; • Material (FAA approved reflective 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.

Parcel Designation
The Ordinance grants the City Council on appeal, the power to designate a Landmark Parcel. 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.

Alternatives
As an alternative to the recommended action, the City Council may consider the following if supported by the full evidentiary record:

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1. Articulate revised findings resulting in the approval of the subject appeal, thereby denying the Compass Rose as a designated landmark.

Environmental Analysis
Pursuant to CEQA Guidelines Section 15061(b)(3) it can be seen with certainty that there is no possibility that approving application and designating the Compass Ross and perimeter as a Landmark will result in any significant effect on the environment. This determination is based on the record as a whole, which includes, but is not limited to, evidence that the designation of the property as a Landmark will promote the retention and preservation of a historic resource, the designation would not result in any physical change to the property, and any future physical changes would be subject to subsequent CEQA review.

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

Prepared By: Beth Rolandson, Administrative Services Officer Approved Forwarded to Council
Attachments:

A. 19ENT-0353 (3223 Donald Douglas Loop ) Appeal Application (1) B. Landmark Application 3223 Donald Douglas Loop
C. Landmark Application 3223 Donald Douglas Loop additional materials D. Compass Rose Landmark Assesment Report September 2019 Final E. City Council STOA 19ENT-0213 (3223 Donald Douglas Loop) Compass Rose F. STOA 19ENT-0213 (3223 Donald Douglas Loop) Compass Rose G. Compass Rose Correspondence
H. Airport Commission's Recommendation to Council 2 20191211 I. Landsmarks Commission 9/19/2019 Compass Rose Staff Report

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J. Landmarks Commission 9/19/2019 Minutes Signed
K. Chattel Levine Act Disclosure Form 20240215
L. Landmarks Commission Minutes September 09 2019 (Web Link) M. Written Comments
N. Attachment N Supplemental City Attorney's Office Staff Report

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Attachment: 19ENT-0353 (3223 Donald Douglas Loop ) Appeal Application (1) (6747 : Landmark Appeal - Airport Compass Rose)

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Attachment: 19ENT-0353 (3223 Donald Douglas Loop ) Appeal Application (1) (6747 : Landmark Appeal - Airport Compass Rose)

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Attachment: 19ENT-0353 (3223 Donald Douglas Loop ) Appeal Application (1) (6747 : Landmark Appeal - Airport Compass Rose)

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Attachment: 19ENT-0353 (3223 Donald Douglas Loop ) Appeal Application (1) (6747 : Landmark Appeal - Airport Compass Rose)

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Attachment: 19ENT-0353 (3223 Donald Douglas Loop ) Appeal Application (1) (6747 : Landmark Appeal - Airport Compass Rose)

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Attachment: 19ENT-0353 (3223 Donald Douglas Loop ) Appeal Application (1) (6747 : Landmark Appeal - Airport Compass Rose)

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Attachment: 19ENT-0353 (3223 Donald Douglas Loop ) Appeal Application (1) (6747 : Landmark Appeal - Airport Compass Rose)

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Attachment: 19ENT-0353 (3223 Donald Douglas Loop ) Appeal Application (1) (6747 : Landmark Appeal - Airport Compass Rose)

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Attachment: 19ENT-0353 (3223 Donald Douglas Loop ) Appeal Application (1) (6747 : Landmark Appeal - Airport Compass Rose)

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Attachment: 19ENT-0353 (3223 Donald Douglas Loop ) Appeal Application (1) (6747 : Landmark Appeal - Airport Compass Rose)

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Attachment: 19ENT-0353 (3223 Donald Douglas Loop ) Appeal Application (1) (6747 : Landmark Appeal - Airport Compass Rose)

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Attachment: 19ENT-0353 (3223 Donald Douglas Loop ) Appeal Application (1) (6747 : Landmark Appeal - Airport Compass Rose)

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Attachment: 19ENT-0353 (3223 Donald Douglas Loop ) Appeal Application (1) (6747 : Landmark Appeal - Airport Compass Rose)

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Attachment: 19ENT-0353 (3223 Donald Douglas Loop ) Appeal Application (1) (6747 : Landmark Appeal - Airport Compass Rose)

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Attachment: 19ENT-0353 (3223 Donald Douglas Loop ) Appeal Application (1) (6747 : Landmark Appeal - Airport Compass Rose)

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Attachment: 19ENT-0353 (3223 Donald Douglas Loop ) Appeal Application (1) (6747 : Landmark Appeal - Airport Compass Rose)

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Attachment: 19ENT-0353 (3223 Donald Douglas Loop ) Appeal Application (1) (6747 : Landmark Appeal - Airport Compass Rose)

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Attachment: 19ENT-0353 (3223 Donald Douglas Loop ) Appeal Application (1) (6747 : Landmark Appeal - Airport Compass Rose) City Planning Division (310) 458-8341
Planning and Community Development Department www.smgov.net 09/18
CITY OF SANTA MONICA – CITY PLANNING DIVISION

DESIGNATION APPLICATION
Landmark Structure of Merit
Applications must be submitted by appointment at the City Planning public counter, Room 111 at City Hall, located at 1685 Main Street, Santa Monica, CA 90401. To schedule an appointment or if you have any questions completing this application please call City Planning at (310) 458-8341. GENERAL INFORMATION PROJECT ADDRESS:

Land Use Element District: Zoning District:

Assessor Parcel: - - Lot Size:

APPLICANT
Name:

Address: Zip:

Phone: Fax:

Email:

CONTACT PERSON (if different) (Note: All correspondence will be sent to the applicant) Name:

Address: Zip:

Phone: Fax:

Email:

Relation to Applicant:

PROPERTY OWNER
Name:

Address: Zip:

Phone: Fax:

Subject improvement is generally known as:

Yes No
Condition: Excellent Good Fair Deteriorated Ruins Unexposed Threats: None Private Development Vandalism
Public Works Project Zoning Other:

This part to be completed by City staff
Received By: Amount Paid: $
Date Submitted: Check No.:

NOTES TO

APPLICANT
Please complete all
applicable sections
of this application
and submit all
required materials.

Incomplete
applications will not
be accepted for
filing.

Landmarks
Commission meets
on the second
Monday of each
month.

The applicant,
representative, or
legal owner familiar
with the project must
be present at the
Landmarks
Commission
meeting.

A decision on
designation is
rendered at the
hearing. All
decisions by the
Landmarks
Commission are
subject to a 10-day
appeal period. An
official appeal form
and fee schedule is
available at the City
Planning Division
Public Counter.

Appealed projects
will be scheduled for
a hearing before the
City Council.

X
3223 Donald Douglas Loop - Santa Monica Airport
Chattel,Inc., LA 99s
13417 Ventura Boulevard, Sherman Oaks, California 91423 818-788-7954
[email protected]
Chattel Inc., Robert Chattel, President; Olivia White, Associate (see attached) 13417 Ventura Boulevard, Sherman Oaks, California 91423 818-788-7954
[email protected]; [email protected]
City of Santa Monica
1685 Main Street, Santa Monica, California 90401
310-458-8411
Existing use(s) of site: Airport
Rent control status: N/A
Status: X Occupied Unoccupied
Recognized in the Santa Monica Historic Resources Inventory: X X
X
4272 026 902
N/A
Compass Rose
N/A
pavement
removal

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Santa Monica City CouncilNovember 11, 2024

Santa Monica City Council
November 11, 2024