City Council
Report
City Council Meeting: April 22, 2025
Agenda Item: 4.L
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To: Mayor and City Council
From: Douglas Sloan, City Attorney, City Attorney's Office, Administration Subject: Adoption of Resolution Ratifying Regional Fires Emergency Proclamation and Supplements
Recommended Action
Staff recommends that the City Council:
1. Adopt a finding of no possibility of significant effect pursuant to Sections 15061(b)(3) (Common Sense Exemption). 15268 (Ministerial Projects), and 15301 (Existing Facilities) of the California Environmental Quality Act (CEQA) Guidelines; and
2. Adopt the proposed resolution ratifying the Executive Order issued by the Director of Emergency Services declaring the existence of a local emergency in the City of Santa Monica and the Supplements to that Order.
Executive Summary
On January 8, 2025, on behalf of the City, and in accordance with Santa Monica Municipal Code (SMMC) Section 2.16.060, the City Manager, as Director of Emergency Services, issued an Executive Order declaring a Local Emergency (Executive Order) in response to extreme weather conditions and widespread fires that ignited in nearby Pacific Palisades (Palisades Fire) and elsewhere in Los Angeles County (collectively, Regional Fires). On January 10, 2025, the City Manager issued a Revised Executive Order.
On January 10, 2025, Council adopted Resolution Number 11639 (CCS), ratifying the Executive Order and Revised Executive Order, proclaiming a local emergency throughout the City, and authorizing the Executive Director to take all actions related to the protection of life and property that are reasonably necessary to respond to the local emergency caused by the Regional Fires.
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On January 14, 2025, the City Manager issued a Second Revised Executive Order in accordance with direction given by the City Council on January 10, and on January 31, 2025, the City Manager issued a First Supplement to the Executive Order.
On February 25, 2025, the City Council adopted Resolution Number 11645 (CCS), ratifying the Executive Order, the Revised Executive Order, the Second Revised Executive Order, and the First Supplement to the Executive Order. On March 19, 2025, the City Manager issued a Second Supplement to the Executive Order in accordance with direction given by Council on February 25. On March 28, 2025 the City Manager issued a Third Supplement to the Executive Order, and on April 16, 2025 the City Manager issued a Fourth Supplement to the Executive Order.
The Executive Order, Revised Executive Order, Second Revised Executive Order, and the First, Second, Third, and Fourth Supplements, all include specific regulations and policies to protect the health and safety of Santa Monica residents, workers, businesses, and visitors.
Government Code Section 8630 requires local governmental authorities to renew a local emergency every 60 days until the governing body terminates the local emergency. Further, SMMC section 2.16.100 requires that “rules and regulations” issued by the Director of Emergency Services be “confirmed at the earliest practicable time by the City Council” Accordingly, this staff report recommends adopting the attached Resolution re-ratifying the Executive Order, Revised Executive Order, Second Revised Executive Order and the First Supplement to the Executive Order, and ratifying the Second, Third, and Fourth Supplements to the Executive Order. (Attachment A).
Discussion
On January 7, 2025, a life-threatening, destructive, widespread windstorm and extreme fire weather system commenced, impacting the Los Angeles metropolitan area, including the City of Santa Monica, County and City of Los Angeles, and threatening life and safety, public and private property and structures, and other critical infrastructure.
The National Weather Service issued a rare Particularly Dangerous Situation (PDS) Red Flag warning for 19 million people in the Los Angeles metropolitan area, which means there is a high risk of extreme fire behavior and very rapid growth due to dangerously high winds, low humidity, and extremely dry vegetation.
On January 7, 2025, the Palisades Fire and other major fires, including, but not limited to, the Eaton Fire located primarily in Altadena ignited in Los Angeles County ignited in Los Angeles County, burning over 40,000 acres (the Regional Fires). High winds, low 3 of 7
humidity, and dry conditions increased the intensity and spread of the Regional Fires, causing imminent threat to life with Red Flag warnings in effect in Los Angeles and Ventura Counties and widespread dangerous windstorm conditions with damaging wind gusts of 50 to 80 mph.
The Regional Fires and windstorm conditions threatened or destroyed structures, homes, and critical infrastructure, including power lines and water tanks, prompted evacuation orders and warnings, and impacted the access routes to the communities affected by the Regional Fires. Along with the windstorm, the Regional Fires spread across more than 40,000 acres damaging or destroying structures and prompting evacuation orders and road closures. This weather system caused extreme conditions such as power outages, damage to power poles, fallen trees, and extreme fire behavior, impacting significant transportation arteries, requiring long-term repair and threatening the integrity of the critical infrastructure.
On January 7, 2025, as a result of the widespread windstorm and extreme fire weather, the Los Angeles County Board of Supervisors proclaimed a Local Emergency in the County of Los Angeles, the Mayor of the City of Los Angeles declared the existence of a Local Emergency throughout the City of Los Angeles, and the Governor declared a state of emergency to make additional resources available.
On January 8, 2025, the City Manager, in his role as the Director of Emergency Services (“Executive Director of Emergency Services”), issued an Executive Order of the Director of Emergency Services of the City of Santa Monica Declaring the Existence of a Local Emergency (“Executive Order”) declaring a local emergency pursuant to Chapter 2.16 of the Santa Monica Municipal Code to ensure the availability an effective response to the Regional Fires. Pursuant to the Executive Order, the Executive Director of Emergency Services further: 1) relaxed permitting requirements for schools and child care and early education facilities that were displaced; 2) suspended preferential parking rules and enforcement of Santa Monica Municipal Code Chapters 6.20, HomeSharing and Vacation Rentals, and 6.22, Residential Leasing Regulations for persons who provide alternative accommodations to persons displaced; 3) triggered prohibitions on price-gouging under the Santa Monica Municipal Code and the California Penal Code; 4) prohibited landlords from evicting residential tenants based on the presence of unauthorized occupants or pets, if the occupant or pet has been displaced due to an evacuation order or poor air quality conditions; 5) imposed a curfew in all areas subject to a mandatory evacuation order; 6) suspended all previously-issued building permits for areas subject to mandatory evacuation orders and evacuation warnings; 7) triggered 4 of 7
emergency procurement and expenditure provisions under Chapter 2.16; and 8) permitted bed and breakfasts and hotels and motels to allow stays beyond 30 days. (Attachment B). On January 10, 2025, the Executive Director of Emergency Services issued a Revised Executive Order of the Director of Emergency Services of the City of Santa Monica Declaring the Existence of a Local Emergency (Revised Executive Order) restating the declaration of local emergency, and 1) prohibiting landscaping activities in areas subject to a Mandatory Evacuation Order; and 2) making other minor amendments and clarifications. (Attachment C).
On January 10, 2025, at a Special Meeting of the City Council, the Council adopted Resolution Number 11639 (CCS) to: 1) ratify the Executive Order and Revised Executive Order; 2) proclaim a local emergency throughout the City; and 3) authorize the Executive Director of Emergency Services to take all actions related to the protection of life and property that are reasonably necessary to respond to the local emergency caused by the Regional Fires. At that meeting, Council further directed staff to supplement the Executive Order to: 1) relax permitting requirements for small businesses and nonprofit organizations that were operating in Los Angeles County and have been impacted by the Regional Fires; 2) prioritize any necessary permitting and inspections for displaced schools, early childhood education centers, small businesses and nonprofit organizations, and clarify that strict adherence to building codes shall not be required on this temporary basis unless the provision directly affects health and safety; 3) grant priority on the City’s below market housing waitlist to households displaced by the Regional Fires with minor children currently attending SMMUSD schools or that work in the City at least 25 hours per week; 4) prohibit open flames during times of red flag warnings; and 5) make other minor clarifications and corrections.
On January 14, 2025, the Executive Director of Emergency Services issued a Second Revised Executive Order of the Director of Emergency Services of the City of Santa Monica Declaring the Existence of a Local Emergency (“Second Revised Executive Order”) to implement Council direction from January 10. 2025. (Attachment D). On January 31, 2025, the Executive Director of Emergency Services issued a First Supplement to the Executive Order to: 1) authorize schools with existing Conditional Use Permits in residential zones to expand to accommodate students from other campuses operated by the existing school displaced by the Regional Fires; 2) waive license fees for outdoor dining areas, sidewalk dining, parklets, and pier deck extended dining for the month of February 2025; 3) authorize the Finance Department to grant 5 of 7
hotels and motels a 30-day extension for payment of Transient Occupancy Taxes and the Tourism Marketing District Assessment; and 4) expand criteria for Tier 1 priority on the City’s below market housing waitlist for income-qualifying households impacted by the Regional Fires. (Attachment E).
On February 25, 2025, the City Council adopted Resolution Number 11645 (CCS), ratifying the Executive Order, the Revised Executive Order, the Second Revised Executive Order, and the First Supplement to the Executive Order. Council further gave direction to phase out suspension of the tenant protection laws for short term rentals and that short term renters are given the same protections as long-term renters in addition to providing support to local restaurants impacted by the fires. (Attachment F).
On March 19, 2025, the Executive Director of Emergency Services issued a Second Supplement to the Second Revised Executive Order to: 1) broaden the Order’s provisions to include schools and Child Care and Early Education Facilities that were expanding to accommodate students displaced by the Regional Fires; 2) terminate suspension of enforcement of the provisions of Santa Monica Municipal Code Chapter
6.20, Home-Sharing and Vacation Rentals, as against persons who provide alternative accommodations within the City of Santa Monica to persons displaced by the Regional Fires is suspended; and enforcement of Santa Monica Municipal Code 6.22.050,
6.22.060, and 6.22.070, Residential Leasing Regulations, as against persons who (a) provide alternative accommodations within the City of Santa Monica to natural persons displaced by the Regional Fires and (b) sublease no more than one rental housing unit within the City through and including April 18, 2025 and clarify that persons occupying a rental unit pursuant to these provision receive tenant protections; 3) expand the 30-day extension for payment of TOT and TMD to any request made on or before April 30, 2025; and 4) suspend certain provisions of Santa Monica Municipal Code 9.31.280, Restaurants, Limited-Service and Take-Out Only, and 9.31.290, Restaurants with Entertainment, and specific alcohol-related standards and conditions of approval established pursuant to any Alcohol Determination, Alcohol Exemption, or Conditional Use Permit entitlements to allow for additional flexibility in alcohol sales and service through April 30, 2025. (Attachment G).
On March 28, 2025, the City Manager issued a Third Supplement to the Executive Order to provide a 50% discount for license fees for outdoor dining, sidewalk dining, and pier deck dining for the month of March 2025. (Attachment H).
On April 16, 2025, the City Manager issued a Fourth Supplement to the Executive Order to: 1) require, upon request of the City, that schools displaced by the Regional Fires 6 of 7
that are operating or expanding as a temporary use in the City to submit a Parking and Loading Operations Plan for review and approval by the Director of the Community Development Department; 2) provide discounted rates City’s Downtown parking structures for schools displaced by the Regional Fires that are operating or expanding in the City’s Downtown for the remainder of the Spring 2025 semester; and 3) allow modifications to regulations for Temporary Preferential parking permits or 30 day Overnight Beach Residents & Guests permits to expire as of April 30, 2025. (Attachment I).
The emergency proclamation and its supplements were issued by the City Manager as the Director of Emergency Operations, under authority of Santa Monica Municipal Code
2.16.060. These orders must be ratified by the City Council as soon as practicable to remain in effect. Council previously approved Resolution Number 11639 (CCS) on January 10, 2025, ratifying the Executive Order and Revised Executive Order, and Resolution Number 11645 (CCS) on February 25, 2025, re-ratifying the Executive Order and Revised Executive Order and ratifying the Second Revised Executive Order and the First Supplement to the Executive Order.
Staff now recommends that Council adopt the attached resolution re-ratifying the Executive Order, the First and Second Revised Executive Order, and the First Supplement to the Executive Order, and ratifying the Second, Third, and Fourth Supplements to the Executive Order issued by the Director of Emergency Services declaring the existence of a local emergency in the City of Santa Monica and authorizing specified actions in response to that local emergency.
Environmental Review
The action taken by the City Council is exempt from the California Environmental Quality Act (CEQA) pursuant to Section 15061(b)(3) (Common Sense Exemption) of the CEQA Guidelines, which states that CEQA does not apply, “where it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment”, Section 15268 (Ministerial Projects) CEQA Guidelines, and Section 15301 (Existing Facilities) of the CEQA Guidelines. The measures taken are, among other things, administrative; ministerial; involving the operation, repair, maintenance, permitting, leasing, licensing, or minor alteration of existing public or private structures, facilities, mechanical equipment, or topographical features, involving negligible or no expansion of existing or former use; or are emergency and temporary in nature. 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. 7 of 7
Fiscal Impacts
None.
Prepared By: Heidi Von Tongeln, Deputy City Attorney
Approved Forwarded to Council
Attachments:
A. A-Resolution Ratification of Emergency Proclamation and Supplement (Regional Fires)
B. B-Executive Order Local Emergency January 8, 2025
C. C-Revised Executive Order Local Emergency January 10, 2025 D. D-Second Revised Executive Order Local Emergency January 14, 2025 E. E-First Supplement to Executive Order Local Emergency January 31, 2025 F. F-Resolution 11645 (CCS)
G. G-Second Supplement to Executive Order Local Emergency March 19, 2025 H. H-Third Supplement to Executive Order Local Emergency March 28, 2025 I. I-Fourth Supplement Executive Order Local Emergency April 16, 2025