1 FIRST SUPPLEMENT TO THE EXECUTIVE ORDER OF THE DIRECTOR OF
EMERGENCY SERVICES DECLARING THE EXISTENCE OF A LOCAL
EMERGENCY
WHEREAS, life-threatening, destructive, widespread windstorm and extreme fire weather system commenced on Tuesday, January 7, 2025, 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; and
WHEREAS, the National Weather Service has advised that damaging N/NE gusts of 50- 80 mph, as well as isolated 80-100 mph in the mountains and foothills, were expected across most of Los Angeles metropolitan area; and WHEREAS, commencing on January 7, 2025, the Palisades Fire and other major fires, including, but not limited to, the Eaton Fire located primarily in Altadena (Regional Fires) ignited in Los Angeles County, burning over well over 40,000 acres as of the time this Proclamation is issued; and
WHEREAS, high winds, low humidity, and dry conditions have increased the intensity and spread of the Regional Fires, causing imminent threats 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 forecasted; and 2 WHEREAS, the Regional Fires and windstorm conditions threaten structures, homes, and critical infrastructure, including power lines and water tanks, and have prompted evacuation orders and warnings and impacted the access route to the Regional Fires communities; and
WHEREAS, along with the windstorm, the Regional Fires have already spread across more than 40,000 acres, damaging or destroying structures and prompting evacuation orders and road closures, and continue to threaten structures, homes and critical infrastructure; and
WHEREAS, 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; and WHEREAS, this weather system has caused, or is substantially likely to cause, 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; and WHEREAS, based upon the above events, by reason of its magnitude, and the need to protect the health, safety, and welfare of the residents and property of the City of Santa Monica, and aid in the assistance of those affected by the Regional Fires, there exists the potential that these events are likely to become beyond the control of the normal services, personnel, equipment, and facilities of the regularly constituted branches and departments of the City Government, and that such emergency conditions require the mobilization of mutual aid resources and the ability to coordinate a multiagency response; and
3 WHEREAS, 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; and
WHEREAS, on January 7, 2025, the Mayor of the City of Los Angeles declared the existence of a Local Emergency throughout the City of Los Angeles to take such steps that are necessary for the protection of life and property; and WHEREAS, on January 7, 2025, the Governor of the State of California declared a state of emergency to make additional resources available; and WHEREAS, the City of Santa Monica (the City) has a population of over 90,000 residents, is a major tourist destination, has two major hospitals and an airport within its jurisdiction, is a significant destination for business travel, and is adjacent to and contiguous on three sides with the City of Los Angeles, resulting in high volumes of and
WHEREAS, on January 7, 2025, the City activated its Emergency Operations Center to support ongoing emergency actions in response to the spread of the Regional Fires; and
WHEREAS, the City intends to continue to take bold and aggressive actions to protect the public health and safety during this local and state emergency; and WHEREAS, the above described events are creating conditions of extreme peril and such conditions are likely to be beyond the control of the services, personnel, equipment, and facilities of the City, requiring the combined forces of other political subdivisions to combat; and
WHEREAS, the Regional Fires have displaced many thousands of residents who are in need of temporary housing; and
4 WHEREAS, -sharing and residential leases
as set forth in Santa Monica Municipal Code Chapters 6.20 and 6.22, and prohibition against stays of longer than 30 days in bed and breakfasts and hotels may impede the ability of residents, landlords, and local businesses to house those displaced by the Regional Fires; and
WHEREAS, tenants who wish to accommodate persons displaced by the Regional Fires on a temporary basis may be restricted from doing so by lease terms limiting the number of occupants or pets in a residential unit; and
WHEREAS, on January 8, 2025, the City Manager, in his role as the Director of Order of the Director of Emergency Services of the City of Santa Monica Declaring the pursuant to Chapter 2.16 of the Santa Monica Municipal Code to ensure the availability an effective response to the Regional Fires; and
WHEREAS, 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, Home-Sharing and Vacation Rentals, and 6.22, Residential Leasing Regulations for persons who provide alternative accommodations to persons displaced; 3) triggered prohibitions on pricegouging 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 5 to a mandatory evacuation order; 6) suspended all previously-issued building permits for areas subject to mandatory evacuation orders and evacuation warnings; 7) triggered emergency procurement and expenditure provisions under Chapter 2.16; and 8) permits bed and breakfasts and hotels and motels to allow stays beyond 30 days; and WHEREAS, 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 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; and
WHEREAS, 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; and
WHEREAS, on January 10, 2025, the City 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 6 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; and WHEREAS, 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 to implement Council direction; and
WHEREAS, as of January 30, 2025, the Regional Fires have destroyed more than 17,000 structures; and
WHEREAS, the damage caused by the Regional Fires has left thousands displaced due to loss of housing or inability to access their homes due to safety reasons; and;
WHEREAS, schools oning districts that are
subject to occupancy limitations under previously-issued Conditional Use Permits (CUPs) have received requests to accommodate students from other campuses operated by the school that were impacted by the Regional Fires; and
WHEREAS, increasing occupancy limitations for those schools will allow for students displaced by the Regional Fires to continue their education; and WHEREAS, before the Regional Fires, local restaurants had been impacted by inflation and the continuing rise in operating costs; and WHEREAS, Santa Monica restaurant operators are reporting year-on-year sales for the month of January dropped between 10 and 20 percent, with more significant impact in areas with restricted access due to the Regional Fires, including the beach and the Santa Monica Pier, reporting sales down by 20-40%; and 7 WHEREAS, although outdoor dining options have continued to serve as popular options for customers seeking to enjoy the year-round Southern California climate and utilize outdoor dining areas for parts of the month of January; and WHEREAS, without relief, the drop in revenue resulting from Regional Fires may result in layoffs of staff or even closure; and
WHEREAS, waiving license fees for outdoor dining areas, sidewalk dining, parklets, and pier deck extended dining for the month of February 2025 will provide Santa Monica restaurants and other businesses with outdoor dining options some economic relief to help remain open and support their overall business recovery; and WHEREAS, as a result of the recent Regional Fires, hotels and motels in Santa Monica are experiencing major cancellations on both the rooms and events, with large groups pulling their business through February and into March; and WHEREAS, these cancellations are causing a significant financial impact to many hotels and motels, some of which are struggling to manage their financial commitments;
WHEREAS, the Revenue Division has received requests from multiple hotels requesting a 30-
Tourism Marketing District Assess
WHEREAS, Section 6.68.050 of the Santa Monica Municipal Code requires the payment of TOT on the first business day of each month and imposes a penalty 10% if the TOT is not paid by the last day of the month; and
WHEREAS, the TMD is collected per occupied room per night at fixed rates depending on average daily rate; and
8 WHEREAS, the TMD assessments are collected at the same time and manner as the TOT pursuant to Streets and Highways Code Section 36631 and Resolution Number 11005 (CCS); and
WHEREAS, Santa Monica Travel and Tourism supports a 30 day extension for the TOT and TMD due for December 2024;
in significant job losses, including jobs for lower income families and an estimated loss of up to 35,000 jobs held by Latinos alone; and
WHEREAS, these job losses will make it more difficult for lower income families to afford market rents without assistance from programs such as those administered by the Santa Monica Housing Authority ; and
is in alignment
with broader regional emergency efforts to assist those in need of housing as a result of the Regional Fires, without disturbing the longstanding priority for individuals who live or work in Santa Monica.
NOW, THEREFORE, I; David White, the Director of Emergency Services for the City of Santa Monica, do hereby issue the following supplemental order to become effective immediately, subject to ratification by the Council as may be required by the Municipal Code.
IT IS HEREBY ORDERED THAT:
1. The Second Revised Executive Order shall continue in full force and effect, except as modified and supplemented by this First Supplement. 9 2. Section 1 of the Second Revised Executive Order is hereby amended as follows:
Schools, as that term is defined by Santa Monica Municipal Code Section
9.51.030(A)(11), and Child Care and Early Education Facilities, as that term is defined by Santa Monica Municipal Code Section 9.51.030(A)(3) that were displaced by the Regional Fires may operate within the City non-residential zones on as a temporary use without first obtaining a Conditional Use Permit or a Temporary Use Permit; in addition, small businesses, as that term is defined by the United States Small Business Administration at 13 CFR § 121.105, and nonprofit organizations, that were operating in Los Angeles County and have been impacted or displaced by the Regional Fires may operate within the City as a temporary permitted use without first obtaining a Temporary Use Permit.
Schools with existing Conditional Use Permits in residential zones that are subject to occupancy limitations may expand to accommodate students from other campuses operated by the existing school displaced by the Regional Fires.
City Staff shall also prioritize any necessary permitting and inspections required, and strict adherence to building codes shall not be required on this temporary basis unless the provision directly affects health and safety; since it is the intent to accommodate those affected beyond the immediate fire emergency threat, City Staff are also directed to prepare and offer for Council approval solutions that would allow those schools, child care and early education facilities, small businesses and nonprofits displaced and temporarily relocating pursuant to this provision to remain for six to twelve months (or longer, as may be directed by Council) following their displacement.
3. License fees for outdoor dining areas, sidewalk dining, parklets, and pier deck extended dining, shall be waived for the month of February 2025. 10 4. Upon written request of a hotel or motel subject to the TOT and TMD, the Finance Department may grant a 30-day extension for the payment of TOT and TMD for the December 2024 reporting period. If an extension is granted, the payment deadline would be extended to February 28, 2025 for the December 2024 reporting period.
5. Section 4 of the Second Revised Executive Order is hereby amended as follows:
Tier 1 priority Priority for displaced lower income households Market Housing (BMH) waitlist shall be given to displaced households impacted by the Regional Fires who are income qualified and impacted by the Regional Fires and:
have minor children currently attending SMMUSD or local Santa Monica schools; or
worked in Santa Monica, prior to the Regional Fires, at least 25 hours/week; or are Santa Monica residents and experienced a job loss as a direct result of the Regional Fires
Tier 1 priority on the Santa Monica Housing Authority waitlist shall be given to displaced households who are income qualified, meet voucher eligibility requirements, are impacted by the Regional Fires and:
are Santa Monica residents and experienced job loss as a direct result of the Regional Fires; or
replacement
Housing and Urban Development (HUD) Housing Quality Standards (HQS)) or that is adequate for the household size (according to HUD HQS), or living in housing not pursuant to a lease agreement).
11 These households would be eligible for referrals to:
Project-Based Voucher (PBV) buildings; or
Continuum of Care (CoC) vouchers; or
Section 8 Housing Choice Vouchers (HCV)
An individual may apply during the period of this Emergency Order and will maintain priority on the Santa Monica Housing Authority or BMH waitlist for 6 months. The adjustment to the local preference criteria should be viewed as a temporary expansion of the rule, made in alignment with broader regional emergency efforts to assist those affected. However, the longstanding live/work priority (Tier 2) will remain in place. suspending the current Tier 1 requirement that a household be displaced from a preference rule allows prioritization of families displaced by the fire, and individuals who work in Santa Monica, ahead of current applicants who live or work in Santa Monica but do not otherwise qualify for Tier 1 priority.
ADOPTED this 31st day of January 2025.
ATTEST:
______________________ By: ______________________
NIKIMA NEWSOME
City Clerk
DAVID WHITE
City Manager
Director of Emergency Services
APPROVED AS TO FORM:
______________________
DOUGLAS SLOAN
City Attorney