1 City Council Meeting: December 17, 2024 Santa Monica, California ORDINANCE NUMBER_________(CCS)
(City Council Series)
AN EMERGENCY INTERIM ZONING ORDINANCE OF THE CITY COUNCIL OF
THE CITY OF SANTA MONICA EXEMPTING CITY PROJECTS DURING A
DECLARED LOCAL OR STATE OF EMERGENCY FROM TEMPORARY USE
PERMIT REQUIREMENTS
WHEREAS, Santa Monica Municipal Code Section 9.31.370 establishes standards and requirements for certain temporary 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; and
WHEREAS, Section 9.31.370 limits types of eligible temporary uses and places additional regulations on duration and location of temporary uses; and WHEREAS, subject to certain enumerated exceptions, temporary uses are required to obtain a Temporary Use Permit (TUP) in accordance with Santa Monica Municipal Code Chapter 9.44; and
WHEREAS, Santa Monica Municipal Code Chapter 2.16 provides for the preparation and carrying out of plans for the protection of persons and property within the City in the event of an emergency; the direction of the emergency organization; and the coordination of the emergency functions of the City with all other public agencies, corporations, organizations, and affected private persons; and WHEREAS, in the event of a declared local or state of emergency, the requirement to obtain a temporary use permit and the restrictions on temporary uses may impede the City’s ability to establish uses reasonably related to the protection of life and property as affected by the declared emergency; and 2 WHEREAS, on February 14, 2023, the City adopted a Proclamation Declaring a Local Emergency on Homelessness (the Homelessness Emergency Proclamation) due to the homelessness crisis in the region, which continues to grow, leading to deplorable living conditions and illness and deaths of unhoused and unsheltered persons in the region; and
WHEREAS, on May 9, 2023, the City extended the 2023 Proclamation due to the ongoing homelessness crisis in the region, until May 31, 2024, which was extended again on May 14, 2024, until May 31, 2025; and WHEREAS, on June 5, 2024, the City Attorney’s Office, submitted an application to the Board of State and Community Corrections (BSCC) for Proposition 47 grant funding in an amount equal to $7,926,172 for SaMo Bridge, a diversion program that addresses the behavioral health, substance use, and housing needs of justice-involved adults in the Santa Monica community, which was awarded by BSCC on October 3, 2024; and WHEREAS, on October 22, 2024, the City Council adopted Resolution Number 11629 (CCS) authorizing the City Manager to submit the application for the Prop 47 Grant, accept the grant, execute the grant agreement, and execute other necessary documents; and
WHEREAS, SaMo Bridge will create a no-barrier 24/7 respite hub where SMPD can divert individuals so that they may address basic needs and enroll in 90- day care coordination plans to secure housing and treatment services; and WHEREAS, in furtherance of the Homelessness Emergency Proclamation, the City Council desires to exempt SaMo Bridge and other uses located on City-owned 3 property or that utilize City funds that are related to the protection of life and property as affected by the declared emergency from TUP requirements; and WHEREAS, the City Council finds and declares that a current and immediate threat to the public health, safety, and general welfare exists as a result of declared state of homelessness emergency; that approval of additional subdivisions, use permits, variances, building permits, or any other applicable entitlement in accordance with current zoning regulations would impede the City’s ability to allow for uses related to health and safety that are supportive of the City’s emergency response to the homelessness crisis; and that as a result this emergency interim zoning ordinance is necessary to protect the public health, safety, and welfare.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SANTA MONICA DOES HEREBY ORDAIN AS FOLLOWS:
SECTION 1. Santa Monica Municipal Code Section 9.31.370 shall hereby read as follows:
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; 4 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;
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; and.
9. During a declared local emergency or state of emergency, any temporary use located on City property or utilizing City funds that is reasonably related to the protection of life and property as affected by the declared emergency.
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 5 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. 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 6 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:
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;
7 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 subsection 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.
SECTION 2. Any provision of the Santa Monica Municipal Code or any appendix thereto inconsistent with the provisions of this Emergency Interim Zoning Ordinance, to 8 the extent of such inconsistencies and no further, is hereby repealed or modified to that extent necessary to effect the provisions of this Emergency Interim Zoning Ordinance.
SECTION 3. If any section, subsection, sentence, clause, or phrase of this Emergency 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 Emergency Interim Zoning Ordinance. The City Council hereby declares that it would have passed this Emergency Interim Zoning Ordinance and each and every section, subsection, sentence, clause, or phrase not declared invalid or unconstitutional without regard to whether any portion of the 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 Emergency Interim Zoning Ordinance. The City Clerk shall cause the same to be published once in the official newspaper within 15 days after its adoption. Pursuant to Sections 615 and 619 of the City Charter, and Section 9.46.090 of the Municipal Code, for the reasons stated in the recitals above, the staff report dated December , the staff report accompanying this ordinance, oral and written testimony received by the City Council, and City Council discussion, the City Council declares this ordinance to be necessary as an emergency measure for preserving the public peace, health, and safety, with the result that this ordinance shall be introduced and adopted at the same meeting and shall become effective immediately upon its adoption. 9 SECTION 5. This Emergency Interim Zoning Ordinance shall be of no further force 60 days from its effective date, unless it is otherwise extended pursuant to Santa Monica Municipal Code Section 9.46.090(C).
APPROVED AS TO FORM:
_______________________
DOUGLAS SLOAN
City Attorney