Agenda packet, first session — Santa Monica City Council, September 30, 2025 (part 8 of 14)

Table of Contents
Purpose .......................................................................................................................................2 Executive Summary ......................................................................................................................2 Background..................................................................................................................................2 Current Fare Transactions by Fare Category ...................................................................................3 Current Fare Structure ..................................................................................................................4 Proposed Fare Changes ................................................................................................................4 Methodology ................................................................................................................................5 Data Sources............................................................................................................................5 Definitions................................................................................................................................6 Title VI Policies .............................................................................................................................6 Fare Equity Disparate Impact Policy:.......................................................................................6 Fare Equity Disproportionate Burden Policy: ............................................................................6 Fare Equity Analysis ......................................................................................................................7 Disparate Impact Analysis......................................................................................................7 Disparate Impact Findings......................................................................................................9 Disparate Impact Conclusion .................................................................................................9 Disproportionate Burden Analysis...........................................................................................9 Disproportionate Burden Findings.........................................................................................11 Disproportionate Burden Conclusion....................................................................................11 Conclusion ................................................................................................................................11 Appendix....................................................................................................................................11

1.1 Public Meeting PowerPoint...........................................................................................11

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Packet Pg. 1335 Attachment: Attachment_2025 Title VI Update_FINAL (7228 : Adoption of Title VI Program)

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Purpose
In fiscal year 2024-2025, the Santa Monica Department of Transportation identified the need propose fare changes to Big Blue Bus fares to address declining per ride fare revenue, rising operational costs, and uncertainty in federal transit funding. Without transitioning to a more sustainable fare revenue model, Big Blue Bus would need to reevaluate planned service enhancements or possibly cut existing service.

The proposed fare changes are subject to a fare equity analysis as defined by Big Blue Bus’s Major Service and Fare Change Policy. The fare equity analysis, contained herein, is required to ensure compliance with the Federal Transit Administration (FTA) Title VI regulations as defined by FTA Circular 4702.1B. The purpose of this analysis is to determine whether the proposed changes result in a disparate impact on the basis of race, ethnicity, or national origin, or a disproportionate burden on the defined low-income population.

Executive Summary
Title VI of the Civil Rights Act of 1964 prohibits discrimination on the basis of race, color, or national origin in any program or activity that receives Federal funds or other Federal financial assistance. In compliance with this law, Big Blue Bus has conducted a Title VI fare equity analysis of the proposed fare changes.

The fare equity analysis found that the proposed fare changes, which include increases in the costs of rides and passes, do not exceed Big Blue Bus’s disparate impact or disproportionate burden thresholds as defined by Big Blue Bus policy. As such, no additional analysis or mitigation efforts are required to implement the proposed fare changes.

Background
Big Blue Bus last implemented comprehensive fare increases in 2016. At that time, the Santa Monica City Council approved a 25 percent increase in the cost of a Regular Single Ride, from $1.00 to $1.25.

All other rides and passes rose by a similar percentage during that period.

In 2017, the cost of a Regular Single Ride using contactless media (i.e., TAP or mobile ticket) decreased to incentivize contactless payment and discourage the use of cash to reduce time dwelling at stops due to fare transactions. By 2020, cash fare transactions had fallen to about one-third of all fare transactions.

In 2022, Big Blue Bus made changes that included: free Big Blue Bus to Big Blue Bus transfers, a new 10 Rides Pass, elimination of paper passes and tokens, and increasing the age for free rides from 4 to 5 years old. The changes were made at the conclusion of a yearlong Contactless Fares Pilot, which sought to evaluate whether Big Blue Bus could go completely cashless. Big Blue Bus did not make a recommendation to permanently go cashless at that time due to several findings during the pilot.

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Packet Pg. 1336 Attachment: Attachment_2025 Title VI Update_FINAL (7228 : Adoption of Title VI Program)

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Big Blue Bus is proposing fare increases to address fiscal challenges which include:
1) Declining per ride revenue. The average fare per ride has also fallen to roughly 70 cents, a 20% decrease from the pre-pandemic average of 87 cents.

2) Rising operating costs. Currently, it costs $182 per vehicle revenue hour to operate Big Blue Bus service compared to less than $150 pre-pandemic, a 21 percent increase due to rising labor and maintenance costs.

3) Uncertainty of federal funding. The new federal administration policies have created uncertainty around federal transit funds. The ‘fiscal cliff’ for transit agencies nationwide continues to be a pressing concern given reduced ridership (and by extension fare revenues), the end of COVID relief funding, and rising inflation. Big Blue Bus faces the same challenges.

Current Fare Transactions by Fare Category
The following chart breaks down fare transactions by Fare Category for FY2023-24:

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Packet Pg. 1337 Attachment: Attachment_2025 Title VI Update_FINAL (7228 : Adoption of Title VI Program)

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Current Fare Structure
Big Blue Bus fares vary based on rider type and fare category. Rider type includes Regular (age 19-61), Youth (age 5-18), Senior 62+/Disabled/Medicare (shown as S/D/M), and Child (age 5 and under).

Current fare categories include Single Rides, 1-Day Pass, 7-Day Pass, 10 Rides Pass, 30-Day Pass, and Annual Pass. Children aged 5 and under ride for free as well.

Ride or Pass Current
Regular
Single Ride (Tap & Mobile) ^ $1.10
Single Ride (Cash) $1.25
1 Day Pass $4
7 Day Pass $14
10 Ride Pass^ $9
30 Day Pass $50
Annual Pass $500
Senior / Disabled / Medicare (S/D/M) & Youth
Single Ride (Tap & Mobile) ^ $0.50
Single Ride (Cash) $0.50
1-Day Pass $1.50
10 Rides Pass^ $4.50
30-Day Pass $24
Youth 30-Day Pass $19
^ Includes free Big Blue Bus to Big Blue Bus transfer within 2 hours.

Proposed Fare Changes
The proposed fare changes will be introduced in two phases, with Phase 1 beginning in August 2025 and Phase 2 in the summer of 2027.

During Phase 1, Single Ride fares (both TAP/Mobile and Cash fares) will see increases ranging from between $.15 and $.25. Passes will see costs increase between $.50 and $5.00. Similar fare increases will occur for Senior/Disabled/Medicare riders. In this phase both the Annual Pass and 30-Day Youth Pass are proposed to be eliminated due to their extremely limited usage. Specifically with the 30-Day Youth Pass, the existence of the regional GoPass which provides students at participating K-12 schools and community colleges with free rides has made this pass rarely purchased or used.

The second and final phase will occur in Summer 2027. The table below provides the numerical increases expected in phases one and two.

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Packet Pg. 1338 Attachment: Attachment_2025 Title VI Update_FINAL (7228 : Adoption of Title VI Program)

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Ride or Pass Current
Phase 1:

August 10, 2025 Change
Phase 2:

Summer 2027 Change
Regular
Single Ride (TAP & Mobile) ^ $1.10 $1.25 $0.15 $1.50 $0.25 Single Ride (Cash) $1.25 $1.50 $0.25 $1.75 $0.25
1 Day Pass $4 $4.50 $0.50 $5 $0.50
7 Day Pass $14 $16 $2.00 $18 $2.00
10 Ride Pass^ $9 $10 $1.00 $12 $2.00
30 Day Pass $50 $55 $5.00 $60 $5.00
Annual Pass $500 Eliminate
Senior / Disabled / Medicare (S/D/M)
Single Ride (TAP & Mobile) ^ $0.50 $0.60 $0.10 $0.65 $0.05 Single Ride (Cash) $0.50 $0.75 $0.25 $0.75 -
1-Day Pass $1.50 $1.75 $0.25 $2 $0.25
10 Rides Pass^ $4.50 $5 $0.50 $6 $1.00
30-Day Pass $24 $27 $3.00 $30 $3.00
Youth
30-Day Pass $19 Eliminate
^Includes free Big Blue Bus to Big Blue Bus transfer within two hours.

Methodology
Data Sources
The following fare equity analysis was completed using the results of an on-board rider survey conducted in March 2025. Additionally, overall fare transactions for FY23-24 were used where survey data was limited as some of the lowest utilized fare categories were not captured during the on-board survey. The on-board rider survey had 600 responses and collected information on:
• Fare Category (Ride or Pass) used
• Fare Media (TAP/Mobile Ticket/Cash) used
• Rider Type (Regular, S/D/M, College, Youth)
• Rider race/ethnicity
• Household income
• Household size
Rider demographics were combined with the fare category to determine the systemwide, minority, and low-income fare utilization for all fare payment options. The resulting comparison of fare utilization between minority and non-minority riders, and low-income and non-low-income riders, will establish whether the proposed changes result in a disparate impact or disproportionate burden as defined by BBB’s adopted policies.

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Packet Pg. 1339 Attachment: Attachment_2025 Title VI Update_FINAL (7228 : Adoption of Title VI Program)

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Definitions
In performing the fare equity analysis, minority riders are defined as survey respondents who completed the race/ethnicity question and marked any category besides White-alone. Low-income riders are defined as survey respondents who completed the household income and household size questions and are deemed eligible to participate in the Low-Income Fare is Easy (LIFE) program.

The household income limits established by the LIFE program are the same guidelines that BBB uses to determine which riders define the low-income population.

Low-Income Fare is Easy (LIFE), Household Income Limits Persons per Household Annual Income
1 $48,550 or less
2 $55,450 or less
3 $62,400 or less
4 $69,350 or less
5 $74,900 or less
6 $80,450 or less
Title VI Policies
As required by the FTA Title VI regulations, the public was engaged in the development of BBB’s disparate impact and disproportionate burden policies. These two policies will determine if the proposed fare media changes result in a disparate impact or disproportionate burden.

Fare Equity Disparate Impact Policy:
“A disparate impact occurs when the percent minority population adversely impacted by a major service change is fifteen percent (15%) higher than the average minority population of the Big Blue Bus service area, or when the percent non-minority population beneficially impacted by a major service change is fifteen percent (15%) higher than the average non-minority population of the Big Blue Bus service area.

If a disparate impact exists as a result of the proposed changes, Big Blue Bus will determine whether there are alternatives that would serve the same legitimate objectives but with less disparate impact on the minority population. If there are no viable alternatives, Big Blue Bus must have a substantial legitimate justification for making the proposed change.” Fare Equity Disproportionate Burden Policy:
“A disproportionate burden occurs when the percent low-income population adversely impacted by a major service change is fifteen percent (15%) higher than the average low-income population of the Big Blue Bus service area, or when the percent non-low-income population beneficially impacted by a major service change is fifteen percent (15%) higher than the average non-low-income population of the Big Blue Bus service area.

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Packet Pg. 1340 Attachment: Attachment_2025 Title VI Update_FINAL (7228 : Adoption of Title VI Program)

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If a disproportionate burden exists as a result of the proposed changes, Big Blue Bus may take steps to avoid, minimize, or mitigate the impact of the proposed change on the low-income population.” Fare Equity Analysis
The fare equity analysis determines how minority and low-income populations are impacted by the proposed changes. Changes that result in a 15 percent or more difference between the impacted minority and low-income populations and their corresponding systemwide percentages would require further analysis to determine if there is a disparate impact or disproportionate burden, and or if mitigations should be considered to address potential impacts to those groups.

Disparate Impact Analysis

73.0% of all survey respondents identified as minority riders. Minority riders are considered any rider who did not choose ‘White alone’ when asked their ethnic/racial identity.

The following chart shows the difference in usage for each ride and pass proposed to be changed, for minority riders compared to riders overall. No ride or pass shows a difference of more than 15 percent between minority usage and overall usage.
73%
27%
Minority
Not Minority
March 2025 On Board Rider Survey -
Minority: Percent of Riders

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Packet Pg. 1341 Attachment: Attachment_2025 Title VI Update_FINAL (7228 : Adoption of Title VI Program)

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Minority Ride and Pass Usage versus Overall Usage
Cost Change Usage Minority vs.

Overall
Difference
Rider
Type Category Current
Proposed
Phase 2 Absolute % Minority Overall
Regular Single Ride (TAP/Mobile) $1.10 $1.50 $0.40 36% 53% 52% 0.6% Regular Single Ride (Cash) $1.25 $1.75 $0.50 40% 21% 19% 2.1% Regular 1 Day Pass $4.00 $5.00 $1.00 25% 1.4% 1.4% 0.0% Regular 7 Day Pass $14.00 $18.00 $4.00 29% 0.6% 0.6% 0.0% Regular 10 Ride Pass $9.00 $12.00 $3.00 33% 0.3% 0.3% 0.0% Regular 30 Day Pass $50.00 $60.00 $10.00 20% 2.5% 2.5% 0.0% Regular Annual Pass $500.00 Eliminate 0.1% 0.1% 0.0%
SDM Single Ride (TAP/Mobile) $0.50 $0.65 $0.15 30% 14% 17% -2.7% SDM Single Ride (Cash) $0.50 $0.75 $0.25 50% 5.5% 5.5% 0.0% SDM 1 Day Pass $1.50 $2.00 $0.50 33% 0.0% 0.0% 0.0%
SDM 10 Ride Pass $4.50 $6.00 $1.50 33% 0.1% 0.1% 0.0%
SDM 30 Day Pass $24.00 $30.00 $6.00 25% 1.3% 1.3% 0.0%
Youth 30-Day Pass $19.00 Eliminate 0.1% 0.1% 0.0%
The following chart shows the percentage increase for minority riders compared to non-minority riders for all Single Fare Rides including Regular and SDM rider types, and Contactless and Cash fare media.

There is a less than 1 percent difference between the increase in fares for minority and non-minority riders.

38.8% 39.7%
Minority Non-Minority
Average Fare Change on Minority Riders

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Packet Pg. 1342 Attachment: Attachment_2025 Title VI Update_FINAL (7228 : Adoption of Title VI Program)

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Disparate Impact Findings
• Minority riders comprise 73% of all systemwide riders. • All proposed changes are below the 15% threshold.
• Using Single Rides (Regular & SDM, and TAP & Mobile) as an example, minority riders will have a lower average fare increase (0.9%) than non-minority riders.

Disparate Impact Conclusion
Based on the 15% threshold established in the Disparate Impact Policy, there are no disparate impacts to minority riders based on the above changes to fare price and fare pass type. When comparing the percentage of minority riders impacted by fare type to the percentage of riders by fare type used overall, all fare mediums show a range between -2.7 percent and 2.1 percent. Although the proposed changes do not result in a disparate impact to minority riders, Big Blue Bus is committed to promoting fare programs such as the regional “Low Income Fare is Easy” (LIFE) program that provides free rides and discounted passes on Big Blue Bus.

Disproportionate Burden Analysis
In order to determine if respondents meet Big Blue Bus’s definition of low income, the on board rider survey asked respondents for household income and household size. Sixty-three percent (62.7%) of respondents were identified as low-income riders (riders whose reported household income and size met the established thresholds of the LIFE program).

The following chart shows the difference in usage for each ride and pass proposed to be changed, for low-income riders compared to riders overall. No ride or pass shows a difference of more than 15 percent between low-income rider usage and overall usage.

62.7%

37.3%
Low-Income
Non Low-Income
March 2025 Survey - Percent Low-Income Riders

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Packet Pg. 1343 Attachment: Attachment_2025 Title VI Update_FINAL (7228 : Adoption of Title VI Program)

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Minority Ride and Pass Usage versus Overall Usage
Cost Change Usage Low Income
vs. Overall
Difference
Rider
Type Category Current
Proposed
Phase 2 Absolute %
Low
Income Overall
Regular Single Ride (TAP/Mobile) $1.10 $1.50 $0.40 36% 46% 54% -7.7% Regular Single Ride (Cash) $1.25 $1.75 $0.50 40% 17% 14% 3.4% Regular 1 Day Pass $4.00 $5.00 $1.00 25% 0.2% 0.2% 0.0% Regular 7 Day Pass $14.00 $18.00 $4.00 29% 0.5% 0.5% 0.0% Regular 10 Ride Pass $9.00 $12.00 $3.00 33% 3.9% 3.9% 0.0% Regular 30 Day Pass $50.00 $60.00 $10.00 20% 2.8% 2.8% 0.0% Regular Annual Pass $500.00 Eliminate 0.1% 0.1% 0.0%
SDM Single Ride (TAP/Mobile) $0.50 $0.65 $0.15 30% 10.4% 8.4% 2.0% SDM Single Ride (Cash) $0.50 $0.75 $0.25 50% 17.3% 15.1% 2.3% SDM 1 Day Pass $1.50 $2.00 $0.50 33% 0.0% 0.0% 0.0%
SDM 10 Ride Pass $4.50 $6.00 $1.50 33% 0.1% 0.1% 0.0%
SDM 30 Day Pass $24.00 $30.00 $6.00 25% 1.2% 1.2% 0.0%
Youth 30-Day Pass $19.00 Eliminate 0.1% 0.1% 0.0%
The following chart shows the percentage increase for low-income riders compared to non-low-income riders for all Single Fare Rides including Regular and SDM rider types, and Contactless and Cash fare media. There is a less than 1 percent difference between the increase in fares for low-income and nonlow-income riders.

39.5%

37.9%
Low-Income Non-Low Income
Average Fare Changes on Low-Income Riders

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Packet Pg. 1344 Attachment: Attachment_2025 Title VI Update_FINAL (7228 : Adoption of Title VI Program)

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Disproportionate Burden Findings
• Low-income riders comprise 62.7% of systemwide riders. • All proposed changes are below the 15% threshold.
• Using Single Ride (Tap & Mobile) as a an example, low-income riders will see a slightly higher average fare increase of 1.6%.

Disproportionate Burden Conclusion
Based on the 15% threshold established in the Disproportionate Burden Policy, Big Blue Bus found that the proposed changes to fare prices do not constitute a disproportionate burden on low-income riders.

Furthermore, our analysis found the discontinuation of the 30-Day Youth Pass and Annual Pass do not disproportionately burden low-income riders as well. The difference the proposed fare changes had on low-income riders vs low-income riders overall by fare category range between -7.7 percent and 3.4 percent. Although the proposed changes do not result in a disproportionate burden impact on lowincome riders, Big Blue Bus is committed to promoting fare programs such as the regional “Low Income Fare is Easy” (LIFE) program that provides free rides and discounted passes on Big Blue Bus.

Conclusion
Title VI of the Civil Rights Act of 1964 prohibits discrimination on the basis of race, color, or national origin in any program or activity that receives Federal funds or other Federal financial assistance. In compliance with this law, Big Blue Bus has conducted a Title VI analysis on the proposed fare changes.

This analysis has found that the proposed changes will not result in a disparate impact on the minority population or a disproportionate burden on the low-income population.

Appendix

1.1 Public Meeting Presentation

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Packet Pg. 1345 Attachment: Attachment_2025 Title VI Update_FINAL (7228 : Adoption of Title VI Program) Big Blue Bus
Proposed Fare
Changes
2025-2027
Public Hearing

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Packet Pg. 1346 Attachment: Attachment_2025 Title VI Update_FINAL (7228 : Adoption of Title VI Program) Agenda
• Introduction • Overview • Proposed Fare Changes • Financial Impacts • Fare Payment Enhancements • Next Steps • Public Comment

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Packet Pg. 1347 Attachment: Attachment_2025 Title VI Update_FINAL (7228 : Adoption of Title VI Program) Big Blue Bus is Proposing Fare Changes to:
• Address fiscal challenges
• Support planned customer experienceenhancements
Proposed Fare Changes include:
• Increased costs for single rides and passes
• Elimination of underutilized passes
• Two-phase implementation over a two-year period
No changes to:
• Free BBBtransfers and contactless incentives
• Access to discounted fares on Big Blue Bus through LIFE (low-income) andGoPass(student K-12) regional programs
Overview

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Packet Pg. 1348 Attachment: Attachment_2025 Title VI Update_FINAL (7228 : Adoption of Title VI Program) Fiscal Challenges
• Declining fare revenue per passenger
• Currently $0.70; Pre-pandemic $0.87
• Rising operational costs
• Currently $182 per revenue hour; Pre-pandemic $150
• Uncertainty of future federal funding
• New Federal Administration
Planned Customer Experience Enhancements
• Implementation of Brighter Blue 5-Year Service Plan
• Ongoing MotorCoach Operator Recruitment & Retention
• Safety Initiatives (e.g., Transit Safety Officers, Prohibition Orders)

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Packet Pg. 1349 Attachment: Attachment_2025 Title VI Update_FINAL (7228 : Adoption of Title VI Program) Recent Fare
Changes
• Fare Change in 2022
• Conclusion of Contactless Pilot
• Introduction of Free BBB to BBB Transfers
• Introduction of 10 Rides Pass
• Elimination of paper passes
• Increase age for free rides from 4 to 5 years old
• Fare Change in 2017
• Contactless fare (i.e., TAP) reduced to $1.10 (from $1.25) • Introduction of Annual Pass
• Fare Change in 2016
• Last fare increase
• Increased Regular Single Ride fare from $1.00 to $1.25 • Other fare increases across the board

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Packet Pg. 1350 Attachment: Attachment_2025 Title VI Update_FINAL (7228 : Adoption of Title VI Program) Proposed Fare Changes
Increase cost of Regular and Senior/Disabled/
Medicare (SDM): • Single Ride • 1-Day Pass • 7-Day Pass (Available only for Regular) • 10 Rides Pass • 30-Day Pass Eliminate: • Annual Pass (Regular) • Youth 30-DayPass
Maintain: • Free BBB to BBB transfers • Cheaper fares on TAP and Mobile

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Packet Pg. 1351 Attachment: Attachment_2025 Title VI Update_FINAL (7228 : Adoption of Title VI Program) Proposed Fare Changes: 2025-2027 – Regular
Regular Fares Current
August 10,
2025
Summer
2027
Single Ride (Tap & Mobile) ^ $1.10 $1.25 $1.50
Single Ride (Cash) $1.25 $1.50 $1.75
1 Day Pass $4 $4.50 $5
7 Day Pass $14 $16 $18
10 Rides Pass^ $9 $10 $12
30 Day Pass $50 $55 $60
Annual Pass $500 Eliminate -
^Includes one free Big Blue Bus to Big Blue Bus transfer within 2 hours.

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Packet Pg. 1352 Attachment: Attachment_2025 Title VI Update_FINAL (7228 : Adoption of Title VI Program) Proposed Fare Changes: 2025-2027 – SDM & Youth
Senior/Disabled/Medicare (SDM) Current
August 10,
2025
Summer
2027
Single Ride (Tap & Mobile) ^ $0.50 $0.60 $0.65
Single Ride (Cash) $0.50 $0.75 $0.75
1-Day Pass $1.50 $1.75 $2
10 Rides Pass^ $4.50 $5 $6
30-Day Pass $24 $27 $30
Youth Current
August 10,
2025
Summer
2027
30-Day Pass $19 Eliminate -
^Includes one free Big Blue Bus to Big Blue Bus transfer within 2 hours.

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Packet Pg. 1353 Attachment: Attachment_2025 Title VI Update_FINAL (7228 : Adoption of Title VI Program) Discounted Fare Programs • Low-Income Fare is Easy (LIFE) • GoPass • K-12 Schools (SMMUSD and LAUSD) • Community Colleges (Santa Monica College)
• UCLA Bruin U-Pass and Grad Pass
• Access Services Free Fare Program

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Packet Pg. 1354 Attachment: Attachment_2025 Title VI Update_FINAL (7228 : Adoption of Title VI Program) Alternatives Considered • No Fare Increase • Risks not implementing full Brighter Blue service enhancements (e.g., frequency improvements,
early/late and weekend service)
• Risks Motor Coach Operator recruitment and
retention efforts, and safety initiatives
• Elimination of Free Transfers • Results in increase in fare revenue, but limited impact on fiscal challenges
• Decision to maintain: • Proven to increase ridership • Reduces burden on low-income riders

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Packet Pg. 1355 Attachment: Attachment_2025 Title VI Update_FINAL (7228 : Adoption of Title VI Program) Financial & Budget Impacts
Fully implementing proposed changes:
• Increases revenue by about 13 percent or $780,000 annually • Increases Average Fare per Rider to 85 cents by 2028
• Projected ridership decline of 7 percent
• Actual ridership and revenue impacts may vary due to other factors such as:
• Economic trends
• Service quality
• Demographic changes
• Alternative transportation options

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Packet Pg. 1356 Attachment: Attachment_2025 Title VI Update_FINAL (7228 : Adoption of Title VI Program) Future Enhancement: Open Payments
• Big Blue Bus participating in LA Metro’s ‘TAP Plus’Initiative • Onboard fare payment via credit/debit card or Apple/Google Pay expected in 2026

4.E.b
Packet Pg. 1357 Attachment: Attachment_2025 Title VI Update_FINAL (7228 : Adoption of Title VI Program) Next Steps
• Public Hearings – April2 (Virtual)and April3,2025 (In-Person) • Public Comment PeriodCloses–April 10, 2025
• Present Proposal to City Council for Approval –May 13, 2025 • Notify Ridersand Community–May to August 2025
• ImplementPhase 1 –August 10, 2025
• Implement Phase 2 –Summer 2027

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Packet Pg. 1358 Attachment: Attachment_2025 Title VI Update_FINAL (7228 : Adoption of Title VI Program) Share Your Thoughts With Us
Public Comment:
• Each speaker will have 3 minutes to provide an oral comment at this hearing. • Speakers will be called in the order their speaker card was received. • Please provide your first and last name and city of residence before making your comment.

Online Survey:
• Feedback can also be shared through an online survey available in English and Spanish at:
bigbluebus.com/meetings. The survey deadline is April 10, 2025, at 5:00 p.m.

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Packet Pg. 1359 Attachment: Attachment_2025 Title VI Update_FINAL (7228 : Adoption of Title VI Program) Big Blue Bus
Cambios de
tarifas
propuestos
2025-2027
Audiencia pública

4.E.b
Packet Pg. 1360 Attachment: Attachment_2025 Title VI Update_FINAL (7228 : Adoption of Title VI Program) Big Blue Bus propone cambiosenlas tarifaspara:
• Abordardesafíosfiscales
• Apoyarlas mejorasenexperienciadel clienteplanificadas Los cambiospropuestosenlas tarifasincluyen:
• Incrementode loscostesenviajessencillosy pases
• Eliminación de pasesinfrautilizados
• Implementaciónendos fasesenun periodode dos años
No hay cambiosen:
• TransbordosBBB gratuitose incentivoscontactless
• Acceso a tarifascon descuentoenBigBlueBuscon programasregionales LIFE (bajosingresos) y GoPass(estudiantesde K-12)
Resumen

4.E.b
Packet Pg. 1361 Attachment: Attachment_2025 Title VI Update_FINAL (7228 : Adoption of Title VI Program) Desafíosfiscales
• Reducciónde losingresosportarifasporpasajero
• Actualmente, $0,70; antes de la pandemia, $0,87
• Aumentode loscostesoperativos
• Actualmente, $182 poringresoporhora; antes de la pandemia, $150 • Incertidumbreante losfuturosfondosfederales
• Nueva Administración Federal
Mejorasenexperienciadel clienteplanificadas
• Implementacióndel Plan de servicioquinquenalBlighter Blue • Contratacióny retenciónencursode conductoresde autobuses • Iniciativasde seguridad(p. ej., Oficialde seguridadde tránsito, Órdenesde prohibición)

4.E.b
Packet Pg. 1362 Attachment: Attachment_2025 Title VI Update_FINAL (7228 : Adoption of Title VI Program) Recent Fare
Changes
• Cambiosenlas tarifasen2022
• Finalizacióndel plan pilotoContactless
• Introducciónde transbordosgratuitosde BBB a BBB
• Introduccióndel pasede 10 viajes
• Eliminación de lospasesenpapel
• Incrementarla edadde viajesgratuitosde 4 a 5 años
• Cambiosenlas tarifasen2017
• Tarifa Contactless (p.ej., TAP) reducidaa $1,10 (desde$1,25) • Introduccióndel paseannual
• Cambiosenlas tarifasen2016
• Últimasubidade tarifas
• Incrementode la tarifaregular de $1,00 a $1,25
• Otrosincrementosde tarifasgenerales

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Packet Pg. 1363 Attachment: Attachment_2025 Title VI Update_FINAL (7228 : Adoption of Title VI Program) Cambiosde tarifas propuestos
Incrementarelcostedel billeteregular y
sénior/discapacidad/ Medicare (SDM): • Viaje sencillo • Pasede 1 día • Pasede 7 días(solo disponible para billeteregular) • Pasede 10 viajes • Pasede 30 días Eliminar:
• Paseanual(regular) • Pasejuvenilde 30 días
Mantener:
• Transbordosgratuitosde BBB a BBB • TarifasmásbaratasenTAP y móvil

4.E.b
Packet Pg. 1364 Attachment: Attachment_2025 Title VI Update_FINAL (7228 : Adoption of Title VI Program) Cambios de tarifas propuestas: 2025-2027 – Regular
Tarifas regulares Actual
10 de
agosto, 2025
Verano
2027
Viaje sencillo (con TAP y móvil)^ $1,10 $1,25 $1,50
Viaje sencillo (en efectivo) $1,25 $1,50 $1,75
Pase de 1 día $4 $4,50 $5
Pase de 7 días $14 $16 $18
Pase de 10 viajes^ $9 $10 $12
Pase de 30 días $50 $55 $60
Pase anual $500 Eliminar -
^Incluye un transbordo gratuito de Big Blue Bus a Big Blue Bus en el plazo de 2 horas.

4.E.b
Packet Pg. 1365 Attachment: Attachment_2025 Title VI Update_FINAL (7228 : Adoption of Title VI Program) Cambios de tarifas propuestos: 2025-2027 – SDM y Juvenil Sénior/Discapacidad/Medicare
(SDM) Actual
10 de
agosto, 2025
Verano
2027
Viaje sencillo (con TAP y móvil)^ $0,50 $0,60 $0,65
Viaje sencillo (en efectivo) $0,50 $0,75 $0,75
Pase de 1 día $1,50 $1,75 $2
Pase de 10 viajes^ $4,50 $5 $6
Pase de 30 días $24 $27 $30
Juvenil Actual
10 de agosto,
2025
Verano
2027
Pase de 30 días $19 Eliminar -
^Incluye un transbordo gratuito de Big Blue Bus a Big Blue bus en el plazo de 2 horas.

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Packet Pg. 1366 Attachment: Attachment_2025 Title VI Update_FINAL (7228 : Adoption of Title VI Program) Programas de tarifas con
descuento • Tarifa de bajosingresoses fácil
(Low-Income
Fare is Easy) -(eninglés, LIFE)
• GoPass • Escuelasde K-12 (SMMUSD y LAUSD) • Colegios comunitarios(Santa Mónica College)
• PasesUCLA Bruin U-Pass y Grad Pass
• Programatarifasgratis de Access Services

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Packet Pg. 1367 Attachment: Attachment_2025 Title VI Update_FINAL (7228 : Adoption of Title VI Program) Alternativas consideradas • Si no aumentamoslas tarifas • Hay riesgode no poderimplementarensutotalidadlas mejorasdel servicioBrighter Blue (p.ej., mejorasenlas
frecuencias, serviciotemprano/tardíoy de fin de semana). • Se arriesgala contratacióny retenciónde losconductores de autobúsy las iniciativasde seguridad.
• Eliminación de lostransbordosgratuitos • Resultaríaenun incrementode losingresosportarifas, perotendríaun impactolimitadoenlosdesafíosfiscales.
• Decisiónde mantener:
• Estáprobadoque incrementaelnúmerode pasajeros.
• Reduce la carga enlospasajeroscon bajosingresos.

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Packet Pg. 1368 Attachment: Attachment_2025 Title VI Update_FINAL (7228 : Adoption of Title VI Program) Impactos financieros y
presupuestarios
Si se implementanporcompletoloscambiospropuestos:
• Se incrementanlosingresosalrededordel 13 porciento, o $780 000 anualmente.
• Se incrementala tarifamedia porpasajerohasta los85 céntimospara 2028.
• Se prevéunadisminucióndel númerode pasajerosdel 7 porciento. • El impactoenelnúmeroactual de pasajerosy enlosingresos puede variardebidoa otrosfactorescomo:
• Coyunturaeconómica
• Calidad del servicio
• Cambiosdemográficos
• Opcionesde transportealternativas

4.E.b
Packet Pg. 1369 Attachment: Attachment_2025 Title VI Update_FINAL (7228 : Adoption of Title VI Program) Futuras mejoras: Pagos abiertos
• Big Blue Bus participaenla iniciativa“TAP Plus” de LA Metro. • Se prevéelpagode losbilletesa bordocon tarjetasde
crédito/débito, o con Apple/Google Pay en2026.

4.E.b
Packet Pg. 1370 Attachment: Attachment_2025 Title VI Update_FINAL (7228 : Adoption of Title VI Program) Próximos pasos
• Audiencias públicas: 2 de abril(virtual) y 3 de abrilde 2025 (en persona)
• El periodo de audiencias públicastermina el20 de abrilde 2025. • Presentarla propuestaal ayuntamientopara suaprobación:13 de mayo de 2025.
• Notificacióna lospasajerosy a la comunidad: desdemayo hasta agostode 2025.
• Implementaciónde la fase1: 10 de agostode 2025
• Implementaciónde la fase2: Verano de 2027

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Packet Pg. 1371 Attachment: Attachment_2025 Title VI Update_FINAL (7228 : Adoption of Title VI Program) City Council
Report
City Council Meeting: September 30, 2025
Agenda Item: 4.F
1 of 4
To: Mayor and City Council
From: Matthew Hallock, Fire Chief, Fire Department
Rick Valte, Public Works Director, Public Works Department Subject: Authorization for Procurement Manager to Issue Purchase Orders to AAA Oil, Inc. for Purchase and Delivery of Diesel Fuel for the Public Works and Fire Departments
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; and

2. Authorize the Procurement Manager to issue purchase orders with AAA Oil, Inc. under County of Los Angeles Master Agreement MA-IS-2240008-9 for the purchase and delivery of diesel fuel for the Public Works and Fire Departments.

This recommended award is made as an exception to the competitive bidding process pursuant to Section 2.24.250(c), (i).

Summary
Since mid-2023, the City of Santa Monica has purchased renewable diesel fuel for the Public Works Department, Fleet Division, and the Fire Department under the State of California Contract No. 1-23-91-31C, utilizing AAA Oil, Inc. in the Los Angeles County area. In June 2025, the City was informed that renewable diesel fuel will no longer be available for purchase under the State of California contract. Faced with an immediate disruption to City services, the City utilized emergency authority in Santa Monica Municipal Code Sections 2.24.240 and 2.24.250 to purchase diesel fuel under the County of Los Angeles Master Agreement MA-IS-2240008-9. This staff report fulfills the notification requirement in Section 2.24.240. Staff recommends the issuance of purchase orders utilizing the County of Los Angeles Master Agreement and anticipates

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undergoing a competitive bidding process in the near future to secure a long-term diesel fuel contract.

Discussion
The City has used renewable diesel fuel since May 2017. A total of 100 City vehicles and pieces of equipment (approximately 67 in Public Works and 33 in the Fire Department) are powered with renewable diesel fuel. This includes heavy duty Fire apparatus, medium duty Fire Station Utility and command vehicles, crane trucks, backhoe loaders, tractors, and asphalt rollers.

Renewable diesel fuel sold in California is derived from waste animal fat from the food processing industry and from waste fat from the fish processing industry. In February 2023, the State of California solicited bids for the purchase and delivery of renewable diesel fuel. The State’s three-year contract expires on May 2, 2026, with the option for two one-year extensions, which could extend the contract through May 2, 2028. The State’s procurement process allows local municipalities to use contract no. 1-23-91-31C for the purchase of renewable diesel fuel. Therefore, on May 23, 2023, the City Council authorized the issuance of purchase orders with AAA Oil, Inc. utilizing the State of California Contract No. 1-23-91-31C. The authorized total not to exceed amount over the five-year period was $2,024,418.

At the end of June 2025, the supplier that was approved for use on the State contract is no longer producing renewable diesel fuel and there are no other suppliers in the area that meet the State product specifications. The State specifications are extremely stringent because State vehicles travel between very warm and very cold climates, and the diesel fuel must be acceptable for that wide climate range. Under the authority of Section 2.24.240(d)(3) of the Santa Monica Municipal Code, the loss of the diesel fuel supplier constitutes an “urgent, unforeseen event that threatens life, property, or the general public health, safety, and welfare.” Thus an emergency exists such that the Procurement Manager authorized the Public Works and Fire Departments to purchase diesel fuel under a new contract, as an exception to the competitive process under Section 2.24.250 (c) and (i). This staff report satisfies the requirement in Section

2.24.240(c), where staff shall inform the City Council of the “emergency circumstances under which the purchase or contract was made.”

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The only available option, given the immediate need for diesel fuel, is to utilize the County of Los Angeles Master Agreement MA-IS-2240008-9, which is effective from August 16, 2021, through August 16, 2026, including extensions. AAA Oil, Inc. will continue to deliver renewable diesel fuel under the County contract. Because the State posts pricing daily, while the County of Los Angeles posts pricing weekly, there is no clear way to determine whether the prices under the County Master Agreement are noticeably different than under the State contract. Additionally, the diesel fuel market fluctuates daily. While the total contract amount remains unchanged at $2,024,418, that amount assumed the completion of the State contract through May 2, 2028. With the County of Los Angeles Master Agreement set to expire August 16, 2026, staff expects total purchases to remain well under agreement’s not to exceed amount. Despite this change from the State of California contract to the County of Los Angeles Master Agreement, the current FY 2025-26 purchase orders issued to AAA Oil, Inc. will remain in effect.

Staff anticipates undergoing a competitive bidding process in the fall of 2025 to secure a long-term diesel fuel contract.

Environmental Review
This notification to Council of the contract change and issuance of new purchase orders referencing the new contract 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.”
Past Council Actions
Meeting Date Description
05/23/2023 Authorization to Issue Purchase Orders to AAA Oil, Inc. for the Purchase and Delivery of Renewable Diesel Fuel
Financial Impacts and Budget Actions
There is no immediate financial impact or budget action necessary as a result of the recommended action. Funds are included in the FY 2025-27 Adopted Biennial Budget in

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the Vehicle Management Fund and General Fund. Future year funding is contingent on Council budget approval.

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

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City Council
Report
City Council Meeting: September 30, 2025
Agenda Item: 4.G
1 of 6
To: Mayor and City Council
From: Matthew Hallock, Fire Chief, Fire Department
Subject: Award Nurse Practitioner Agreements for Advanced Provider Unit

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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. Authorize the City Manager to negotiate and execute an agreement with Tiffany Leighanne Barajas DBA Affinity Care as a Nurse Practitioner for the Advanced Provider Unit for the Fire Department. This recommended award is made as an exception to the competitive bidding process pursuant to Santa Monica Municipal Code Section 2.24.250(i) and 2.24.240(a) and an amount not to exceed $95,464 (including a $18,664 contingency) over a one-year period, with four 1-year renewal options, for a total amount not to exceed $504,667 over a five-year period, with future year funding contingent on Council budget approval;

3. Authorize the City Manager to negotiate and execute an agreement with Courtney Nabors DBA Naborly Nursing Inc. as a Nurse Practitioner for the Advanced Provider Unit for the Fire Department. This recommended award is made as an exception to the competitive bidding process pursuant to Santa Monica Municipal Code Section 2.24.250(i) and 2.24.240(a) and an amount not to exceed $95,464 (including a $18,664 contingency) over a one-year period, with four 1-year renewal options, for a total amount not to exceed $504,667 over a five-year period, with future year funding contingent on Council budget approval; and

4. Authorize the City Manager to negotiate and execute an agreement with Patricia Martin as a Nurse Practitioner for the Advanced Provider Unit for the Fire Department. This recommended award is made as an exception to the competitive bidding process pursuant to Santa Monica Municipal Code Section

2.24.250(i) and 2.24.240(a) and an amount not to exceed $47,731 (including a $9,332 contingency) over a one-year period, with four 1-year renewal options, for a total amount not to exceed $252,332 over a five-year period, with future year funding contingent on Council budget approval.

Summary
The Santa Monica Fire Department’s Advanced Provider Unit (APU) is one of the City’s newest programs to focus on the City’s most vulnerable populations and provide them with resources and better access to the help they need. The APU is staffed with a Firefighter Paramedic and Nurse Practitioner, and the Fire Department has spent the past few months creating protocols, stocking the APU vehicle, and interviewing Nurse Practitioners. The department intends to contract up to three Nurse Practitioners to ensure maximum coverage and no operational downtime. Staff recommends awarding agreements to Tiffany Leighanne Barajas DBA Affinity Care, Courtney Nabors DBA Naborly Nursing Inc., and Patricia Martin as Nurse Practitioners for the APU.

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Discussion
On June 24, 2025, Council adopted the FY 2025-27 Biennial Budget which authorized the creation of an Advanced Provider Unit (APU) within the Fire Department. Utilizing voter-approved funds from Measure K, the APU supplements the City’s first response capability by having a dedicated unit to better address the needs of persons experiencing homelessness and other vulnerable populations.

The APU program currently consists of a single unit staffed by a Firefighter Paramedic and Nurse Practitioner on a 40-hour per week schedule. The department envisions a second unit in the future, should additional funding become available, to increase coverage and maximize effectiveness. The APU provides the following:

1. Comprehensive Care. The APU can perform comprehensive assessments, treat, and release patients. Unlike paramedics and emergency medical technicians, a Nurse Practitioner can medically clear patients, which keeps low acuity patients out of the hospital. This not only frees up hospital beds for those in need but keeps Fire Department units available as they no longer have to wait for a bed.

2. Homelessness Intervention. The APU can function as mobile urgent care for the unhoused population. In addition to medically clearing individuals, the unit can provide point-of-care testing for conditions such as flu, strep, and blood abnormalities. If issues are detected, the APU can prescribe necessary medications, such as antibiotics, enhancing the speed and efficacy of treatment.

3. Community Paramedicine. The APU can make house calls to Santa Monica residents, providing post-discharge care, testing, and follow-up after hospital release, thus reducing the potential for future 9-1-1 calls.

4. Versatility and Advanced Treatment. The APU can deliver a high level of medical care and intervention. This benefit extends to our partners in the Santa Monica Police Department, as they can rely less on external medical partners to medically clear detainees for booking. Since the APU is a city resource, the Police Department will not incur charges for these services, resulting in cost savings.

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The department opted to contract for Nurse Practitioners rather than to create City positions, to maximize operational uptime and scheduling flexibility. Over the past few months, staff drafted job responsibilities and requirements, held an informational session that was attended by over 40 potential Nurse Practitioners, and conducted two rounds of interviews. Given that the APU was funded largely to address persons experiencing homelessness and other vulnerable populations and the urgency to begin operations as soon as possible, staff is utilizing the Local Emergency on Homelessness to expedite the process to hire Nurse Practitioners.

Vendor Selection
Exception to Competitive Bidding
Staff recommends awarding agreements for Nurse Practitioners, as listed below, as an exception to competitive bidding consistent with the initial Proclamation of the City Council Declaring a Local Emergency on Homelessness adopted by Council on February 14, 2023. The Proclamation was most recently extended on July 29, 2025 to continue until December 31, 2026. With the extension of the Proclamation, the contract awards qualify as an emergency award pursuant to SMMC 2.24.240(a) and subsequently is recommended as an exception to the competitive bidding process pursuant to SMMC

2.24.250(i).
i. solicitation is made under the emergency procedures set forth in Section 2.24.240.

The agreements to be awarded for Nurse Practitioners are:
1) Tiffany Leighanne Barajas DBA Affinity Care: initial 1-year term with a not to exceed amount of $95,464 (including a $18,664 contingency), with four 1-year renewal options, for a total not to exceed amount of $504,667 2) Courtney Nabors DBA Naborly Nursing Inc.: initial 1-year term with a not to exceed amount of $95,464 (including a $18,664 contingency), with four 1-year renewal options, for a total not to exceed amount of $504,667 3) Patricia Martin: initial 1-year term with a not to exceed amount of $47,731 (including a $9,332 contingency), with four 1-year renewal options, for a total not to exceed amount of $252,332
Environmental Review
The agreements for Nurse Practitioners is exempt from CEQA pursuant to Section 15061(b)(3) (Common Sense Exemption) of the California Environmental Quality Act (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 agreements would continue the City’s nurse practitioner

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services. Therefore, it can be seen with certainty that the order would not result in adverse physical impacts on the environment, and as such, exempt from CEQA.

Past Council Actions
Meeting Date Description
07/29/2025 Adoption of Resolution Ratifying Homelessness Emergency Proclamation
06/24/2025 Adoption FY 2025-27 Biennial Budget and FY 2025-26 CIP Budget Financial Impacts and Budget Actions
Staff seeks authority to approve funding from the General Fund to award agreements with Tiffany Leighanne Barajas DBA Affinity Care, Courtney Nabors DBA Naborly Nursing Inc., and Patricia Martin to operate as Nurse Practitioners for the Advanced Provider Unit for the Fire Department.

Agreement Request
Contract FY 2025-26
Request Amount Department Account # Future Years Amount Total Contract
Amount
Tiffany Barajas $95,464 01190005.550010 $409,203 $504,667 Courtney Nabors $95,464 01190005.550010 $409,203 $504,667 Patricia Martin $47,731 01190005.550010 $204,601 $252,332 Future year funding contingent on Council budget approval.

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

A. Patricia Martin - Levine
B. Patricia Martin - Oaks

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C. Patricia Martin - Living Wage
D. Courtney Nabors- Oaks
E. Courtney Nabors- Living Wage
F. Courtney Nabors- Levine
G. Tiffany Barajas Living Wage
H. Tiffany Barajas Levine
I. Tiffany Barajas Oaks

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City of Santa Monica Levine Act Disclosure Form

CITY OF SANTA MONICA

CALIFORNIA LEVINE ACT DISCLOSURE
The Levine Act prohibits City Officers from participating in any action related to a contract, license, permit, or entitlement if such Officer received campaign contributions totaling more than $500 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 $500 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: _________________________________ 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.

4.G.a
Packet Pg. 1382 Attachment: Patricia Martin - Levine (7274 : Award Nurse Practitioner Agreements for Advanced Provider Unit) City of Santa Monica Levine Act Disclosure Form
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 CALIFORNIATHAT THE FOREGOING IS TRUEAND 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.

4.G.a
Packet Pg. 1383 Attachment: Patricia Martin - Levine (7274 : Award Nurse Practitioner Agreements for Advanced Provider Unit)

4.G.b
Packet Pg. 1384 Attachment: Patricia Martin - Oaks (7274 : Award Nurse Practitioner Agreements for Advanced Provider Unit)

4.G.c
Packet Pg. 1385 Attachment: Patricia Martin - Living Wage (7274 : Award Nurse Practitioner Agreements for Advanced Provider Unit)

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.

4.G.d
Packet Pg. 1386 Attachment: Courtney Nabors- Oaks (7274 : Award Nurse Practitioner Agreements for Advanced Provider Unit)

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. 1387 Attachment: Courtney Nabors- Oaks (7274 : Award Nurse Practitioner Agreements for Advanced Provider Unit)

CITY OF SANTA MONICA

LIVING WAGE ORDINANCE
Certification for Providers of Services to the City of Santa Monica (Fiscal Year 25/26 – September 8, 2025 through June 30, 2026)

TO BE COMPLETED BY ALL CONTRACTORS PROVIDING SERVICES TO THE CITY OF SANTA MONICA IN EXCESS OF $54,200
The City of Santa Monica Municipal Code Chapter 4.65, Living Wage Ordinance (LWO), establishes a Minimum Wage of $22.50 per hour for certain employees of contractors providing services to the City where services exceed $54,200 or more and requires that contractors also provide the same health care and other benefits to employees’ same sex spouses and domestic partners as are provided to other employees’ spouses.

An employee covered by the LWO is any person who does not actually work as a manager, supervisor, or confidential employee, and who is not required to possess an occupational license.

The Living Wage Ordinance applies the services sought pursuant to this bid and bidders are required to prepare and return the Living Wage Certification Form. If the bidder is selected, the bidder must maintain payroll records that include, at minimum, the full name of each employee providing services under the contract, job classification and rate of pay. Bids that fail to include Certification Forms may be considered non-responsive and excluded from further consideration.

Please prepare the following certification if you are a contractor engaging in a contract for services with the City of Santa Monica in excess of $54,200.

Your signature on this certification grants the City permission to review any and all payroll books and records and any company documents pertaining to the benefits offered to employees to assure your compliance with the LWO during the term of the contract.

Please direct any questions to:

City of Santa Monica Finance Department
Attention: Living Wage Compliance Section
1685 Main Street, Mail Stop 09
Santa Monica, CA 90401
You can also contact staff regarding living wage ordinance questions by e-mail at [email protected] or by phone 310-458-8281.

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Packet Pg. 1388 Attachment: Courtney Nabors- Living Wage (7274 : Award Nurse Practitioner Agreements for Advanced Provider Unit)

CITY OF SANTA MONICA

LIVING WAGE ORDINANCE CERTIFICATION
September 8, 2025 through June 30, 2026

TO BE COMPLETED BY ALL CONTRACTORS PROVIDING SERVICES TO THE CITY OF SANTA MONICA IN EXCESS OF $54,200
MINIMUM WAGE - $22.50 per hour
Please read, complete, and sign the following:

THIS CONTRACT IS SUBJECT TO THE LIVING WAGE ORDINANCE ☐ THIS CONTRACT IS NOT SUBJECT TO THE LIVING WAGE ORDINANCE ☐ If this contract is not subject to the Living Wage Ordinance requirements, please note the reason below and attach supporting documentation for exemption. For example, in order to be exempt pursuant to a collective bargaining agreement, a signed collective bargaining agreement must be attached. (a) contractor is a government agency and is exempt
(b) contractor is a City grantee and is exempt
(c) contractor is a non-profit corporation and is exempt (d) contractor is an employer whose employees are covered by a bona fide collective bargaining agreement where the waiver is explicitly set forth in an agreement in clear and unambiguous terms
(e) contractor is a corporation providing banking services The undersigned, on behalf of himself or herself individually and on behalf of his or her business or organization, hereby certifies that he or she is fully aware of Santa Monica’s Living Wage Ordinance (LWO), and the applicability of the LWO, and the applicability of the subject contract, as determined herein. The undersigned further agrees to be bound by all terms of the LWO, as mandated in all sections of Santa Monica Municipal Code, Chapter 4.65. If, at any time during the term of the contract, the answers to the questions posed herein change so that Contractor would be subject to the LWO, Contractor will promptly notify the Director of Finance in writing. Contractor further understands and agrees that the failure to comply with the LWO, this certification, or the terms of the Contract as it applies to the LWO, shall constitute a default of the Contract, which shall be grounds for termination. City shall have the right to examine all books and records of the Contractor as they relate to compliance with the LWO.

Payroll records shall at a minimum include the full name of each employee performing labor or providing services under the contract, job classification, and rate of pay.

These statements are made under penalty of perjury under the laws of the State of California.

Printed Name: Title:

Signature: Date:

Contractor: Bid Number (if applicable):

Service Description:

4.G.e
Packet Pg. 1389 Attachment: Courtney Nabors- Living Wage (7274 : Award Nurse Practitioner Agreements for Advanced Provider Unit) City of Santa Monica Levine Act Disclosure Form

CITY OF SANTA MONICA

Code Regs. Section 18438.1, which states:

4.G.f
Packet Pg. 1390 Attachment: Courtney Nabors- Levine (7274 : Award Nurse Practitioner Agreements for Advanced Provider Unit) City of Santa Monica Levine Act Disclosure Form
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.

I HEREBY CERTIFY UNDER PENALTY OF PERJURY UNDER THE LAWS OF THE STATE OF CALIFORNIATHAT THE FOREGOING IS TRUEAND 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.

4.G.f
Packet Pg. 1391 Attachment: Courtney Nabors- Levine (7274 : Award Nurse Practitioner Agreements for Advanced Provider Unit)

CITY OF SANTA MONICA

LIVING WAGE ORDINANCE
Certification for Providers of Services to the City of Santa Monica (Fiscal Year 25/26 – 6HSWHPEHU , 2025 through June 30, 2026)

TO BE COMPLETED BY ALL CONTRACTORS PROVIDING SERVICES TO THE CITY OF SANTA MONICA IN EXCESS OF $54,200
The City of Santa Monica Municipal Code Chapter 4.65, Living Wage Ordinance (LWO), establishes a Minimum Wage of $2.50 per hour for certain employees of contractors providing services to the City where services exceed $54,200 or more and requires that contractors also provide the same health care and other benefits to employees’ same sex spouses and domestic partners as are provided to other employees’ spouses.

An employee covered by the LWO is any person who does not actually work as a manager, supervisor, or confidential employee, and who is not required to possess an occupational license.

Please prepare the following certification if you are a contractor engaging in a contract for services with the City of Santa Monica in excess of $54,200.

Please direct any questions to:

4.G.g
Packet Pg. 1392 Attachment: Tiffany Barajas Living Wage (7274 : Award Nurse Practitioner Agreements for Advanced Provider Unit)

CITY OF SANTA MONICA

LIVING WAGE ORDINANCE CERTIFICATION
6HSWHPEHU , 2025 through June 30, 2026

TO BE COMPLETED BY ALL CONTRACTORS PROVIDING SERVICES TO THE CITY OF SANTA MONICA IN EXCESS OF $54,200
MINIMUM WAGE - $2.50 per hour
Please read, complete, and sign the following:

Payroll records shall at a minimum include the full name of each employee performing labor or providing services under the contract, job classification, and rate of pay.

These statements are made under penalty of perjury under the laws of the State of California.

Printed Name: Title:

Signature: Date:

Contractor: Bid Number (if applicable):

Service Description:

4.G.g
Packet Pg. 1393 Attachment: Tiffany Barajas Living Wage (7274 : Award Nurse Practitioner Agreements for Advanced Provider Unit) 1;@6.#)5;)
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4.G.h
Packet Pg. 1394 Attachment: Tiffany Barajas Levine (7274 : Award Nurse Practitioner Agreements for Advanced Provider Unit) 1;@6.#)5;)
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09/11/2025
Tiffany L. Barajas Nurse Practitioner
Affinity Care

4.G.h
Packet Pg. 1395 Attachment: Tiffany Barajas Levine (7274 : Award Nurse Practitioner Agreements for Advanced Provider Unit)

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.

4.G.i
Packet Pg. 1396 Attachment: Tiffany Barajas Oaks [Revision 1] (7274 : Award Nurse Practitioner Agreements for Advanced Provider Unit)

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 #

4.G.i
Packet Pg. 1397 Attachment: Tiffany Barajas Oaks [Revision 1] (7274 : Award Nurse Practitioner Agreements for Advanced Provider Unit) City Council
Report
City Council Meeting: September 30, 2025
Agenda Item: 4.H
1 of 4
To: Mayor and City Council
From: Jing Yeo, Director, Administration
Subject: Authorization to Enter into Third Amendment to Amended and Restated Lease Agreement with Bank of America for City-Owned Property Located at 1301 Fourth Street
Recommended Action
Staff recommends that the City Council authorize:

1. City Manager to negotiate and execute a Third Amendment to the Amended and Restated Lease Agreement with Bank of America for the City-owned property at 1301 Fourth Street. The Third Amendment would extend term from February 1, 2026 through December 31, 2028; and

2. Adopt a finding of no possibility of significant effect pursuant to Section 15061(b)(3) of the California Environmental Quality Act (CEQA) Guidelines Summary
The City’s existing lease agreement with Bank of America (Tenant) is in effect through February 28, 2026. The term was authorized through a Second Amendment in accordance with Section 4.2 of the Lease. Tenant is seeking a Third Amendment for additional term to continue providing services in its current location at 1301 Fourth Street for as long as feasible until the site is redeveloped. The proposed Third Amendment would extend term through December 31, 2028, generating a total of $4,344,122 for the General Fund. In the event the site redevelopment requires more time to implement, the Third Amendment also provides up to three one-year options to extend term through December 31, 2031. If all three options are exercised, the City would receive additional rental revenues of $4,794,807.

4.H
Packet Pg. 1398
2 of 4
Discussion
The City acquired the buildings at 1301 4th Street (Bank of America) and 1333 4th Street (Chase Bank) in 2010 to form the redevelopment opportunity site commonly referred to as “4
/AZ” (Site) due to its location on the corner of 4th Street and Arizona Avenue. The Site consists of nine contiguous parcels totaling 112,000 square feet (approximately 2.57 acres) bounded by 4th Street, 5th Street, and Arizona Avenue.

The Site is required to comply with the Surplus Land Act (SLA) pursuant to Government Code 54220 which requires any disposition of surplus public land must be offered first for affordable housing.

Council adopted Resolution 11646 declaring several parcels including Assessor Parcel Number 4291-011-909 (1301 Fourth Street) as surplus land at its meeting on February 25, 2025. A Notice of Availability (NOA) for the Site was released on June 30, 2025. The City’s Housing Division is currently in the process of evaluating the interest received from the NOA and will undertake good faith negotiations with proposers in accordance with the SLA.

The timeframe of good faith negotiations including entering into an exclusive negotiation agreement and a disposition and development agreement for the Site will depend on a variety of factors such as complexity of proposed project, financing, and/or entitlements. As such, the term of the lease extension is structured to provide flexibility for the City while allowing Tenant to continue to provide uninterrupted banking services in Downtown Santa Monica for local businesses, employees, residents, and tourists. Moreover, the extension preserves an important revenue stream for the City until redevelopment plans for the 4AZ Site are solidified and construction is ready to commence.

The lease with Tenant is a standard triple net lease. Under a triple net lease, the Tenant pays rent plus all three additional expenses of possessory interest taxes, insurance and maintenance costs. The Third Amendment provides term through

4.H
Packet Pg. 1399
3 of 4
December 31, 2028 with three one-year options to extend at the City’s discretion.

Except for the new extended term and rental rates, the Amended and Restated Lease and subsequent amendments shall continue in full force and effect.

The City will receive $4,344,122 in rental revenues for the term through December 31, 2028. If the City exercises the options to extend beyond December 31, 2028, Tenant will pay rents that are adjusted accordingly by 3% for each option year extended. If all three options to extend are exercised, the City will receive $4,794,807 in additional rental income from this property.

Past Council Actions
Meeting Date Description
5/11/2010 (Attachment A) Acquisition of Property at 1301 – 1333 Fourth Street 2/25/2025 (Attachment B) Adoption of a Resolution of Inventory of City-Owned Properties Subject to the Surplus Lands Act
Financial Impacts and Budget Actions
Lease Revenues are deposited in the General Fund in account 01700014.414000. If approved, the proposed lease extension is expected to generate an additional four months of lease revenues, or $496,911, in FY 2025-26. Additionally, the proposed lease extension will generate additional revenues in future years, as summarized below.

Year
Current Lease
Revenues
Proposed
Change
Lease Revenues under
Lease Extension
FY 2025-26

965,688

496,911

1,462,599
FY 2026-27

1,505,641

1,505,641
FY 2027-28

1,550,810

1,550,810
FY 2028-29*

790,759 790,759

4.H
Packet Pg. 1400
4 of 4
Budget adjustments will be incorporated in the FY 2024-25 Year-End Budget or FY 2025-26 Midyear Budget, as needed.

Prepared By: Nia Tang, Economic Development Administrator Approved Forwarded to Council
Attachments:

A. Attachment A: Acquisition of Property at 1301–1333 Fourth Street (Web Link) B. Attachment B: Adoption of Resolution and Approval of Release of Request for Proposals for City-Owned Sites Designated Affordable Housing Development in City's 6th Cycle Housing Element (Web Link)
C. Levine - BofA
D. Oaks - BofA
E. Written Comments
Total 965,688

4,344,121 5,309,809
*through December 31, 2028

4.H
Packet Pg. 1401
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.

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.

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: _________________________________

4.H.c
Packet Pg. 1402 Attachment: Levine - BofA (7283 : Third Lease Amendment with Bank of America for 1301 4th Street) 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.

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.

4.H.c
Packet Pg. 1403 Attachment: Levine - BofA (7283 : Third Lease Amendment with Bank of America for 1301 4th Street) Please attach additional pages if more space is required.

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.

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.

4.H.d
Packet Pg. 1404 Attachment: Oaks - BofA (7283 : Third Lease Amendment with Bank of America for 1301 4th Street) Please attach additional pages if more space is required.

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: ____________________

4.H.d
Packet Pg. 1405 Attachment: Oaks - BofA (7283 : Third Lease Amendment with Bank of America for 1301 4th Street) 1 David Yakobson
From: Connor Webb <[email protected]>
Sent: Tuesday, September 30, 2025 11:36 AM
To: councilmtgitems; Barry Snell; Jesse Zwick; Dan Hall; Lana Negrete; Natalya Zernitskaya; Caroline Torosis; Ellis Raskin
Subject: 4H: Oppose Long-Term Bank of America Lease Extension at 4th & Arizona

EXTERNAL
Dear Council,
Please reject the proposal to extend the lease for Bank of America until December 31, 2028.

Extending the lease would ensure that no housing construction will begin at 4th & Arizona until 2029. By agreeing to these terms, the city is essentially throwing in the towel on expediting the project. Mid2028 is three years away, which is not outside the possibility of construction if the city takes prompt action to move the project forward.

Instead, Council should direct staff to return with a revised proposal to extend the B of A lease until December 31, 2027, with four one-year options, rather than the proposed three one-year options for December 31, 2028. Given the expressed desire of BofA to remain in this location, the decision to offer a two-year base lease rather than a three-year base should not pose any significant challenges for any party involved, while giving the city an opportunity to expedite housing at 4th & Arizona.

Thank you,
Connor Webb
90404
Item 4-H
September 30, 2025
Item 4-H
September 30, 2025

4.H.e
Packet Pg. 1406 Attachment: Written Comments [Revision 1] (7283 : Third Lease Amendment with Bank of America for 1301 4th Street) 1 David Yakobson
From: Sam Shapiro-Kline <[email protected]>
Sent: Friday, September 26, 2025 2:56 PM
To: councilmtgitems; Dan Hall; Barry Snell; Ellis Raskin; Natalya Zernitskaya; Caroline Torosis; Jesse Zwick; Lana Negrete; Oliver Chi
Subject: 4H: Oppose Long-Term BofA Extension at 4th Arizona

EXTERNAL
Council,
Please reject the proposal to extend the lease for Bank of America until December 31, 2028. Extending the lease would guarantee that no housing moves forward at 4th and Arizona until 2029. While a tighter timeline to begin construction may be optimistic, mid-2028 is 3 years away, which is not beyond the possibility of being achieved if the city acts quickly to move forward the 4/AZ project.

Instead, staff should come back with a proposal to extend the BofA lease until 12/31/2027, with 4 1 year options, rather than 12/312028 with 3 1 year options. Given the communicated desire of BofA to stay in this location, the choice to offer a 2 year base lease rather than 3 year base should not be problematic.

Thanks,
Sam Shapiro-Kline
Item 4-H
September 30, 2025
Item 4-H
September 30, 2025

4.H.e
Packet Pg. 1407 Attachment: Written Comments [Revision 1] (7283 : Third Lease Amendment with Bank of America for 1301 4th Street) City Council
Report
City Council Meeting: September 30, 2025
Agenda Item: 4.I
1 of 1
To: Mayor and City Council
From: Heidi Von Tongeln, Interim City Attorney, City Attorney's Office, Administration
Subject: Second Reading and Adoption of an Ordinance Amending Santa Monica Municipal Code Section 3.16.120 to Exempt Additional Zero Emission Vehicles from Parking Meter Payment Requirements
Recommended Action
Staff recommends that the City Council adopt the attached Ordinance.

Executive Summary
At its meeting on September 9, 2025, the City Council introduced for first reading an Ordinance amending Santa Monica Municipal Code Section 3.16.120 to exempt additional zero emission vehicles from parking meter payment requirements. The ordinance is now presented to the City Council for adoption.

Prepared By: Bradley Michaud, Legal Administrative Services Officer Approved Forwarded to Council
Attachments:

A. ORD-Zero Emission Vehicles Exemption 2d

4.I
Packet Pg. 1408
1 City Council Meeting: September 30, 2025 Santa Monica, California

ORDINANCE NUMBER (CCS)
(City Council Series)

AN ORDINANCE AMENDING SANTA MONICA MUNICIPAL CODE SECTION

3.16.120 TO EXEMPT ADDITIONAL ZERO EMISSION VEHICLES FROM PARKING

METER PAYMENT REQUIREMENTS
WHEREAS, environmental sustainability is a core value of the City of Santa Monica; and
WHEREAS, the City expresses this value through a broad range of policies, including policies supporting environmentally sustainable transportation alternatives, such as clean air vehicles; and
WHEREAS, for over fifteen years, the City has granted various exemptions from parking charges as a means of encouraging motorists to utilize clean air vehicles; and WHEREAS, in addition to these environmental goals and policies, the City has also adopted a policy of managing parking assets to maximize City revenues; and WHEREAS, the balance between these competing policies must be adjusted from time to time to promote the public’s welfare; and
WHEREAS, the California legislature adopted a Clean Air Vehicles (CAV) decal program, administered by the California Department of Motor Vehicles (DMV), in order to encourage the purchase and lease of low-emission vehicles; and WHEREAS, the DMV previously issued White CAV decals to zero emission vehicles (100% battery electric and hydrogen fuel cell) and certain liquefied petroleum gas (LPG) and compressed natural gas (CNG) fueled vehicles, but these decals expired on January 1, 2019; that meet the same stringent clean air standards as vehicles issued red or purple clean air decals by the DMV; and

4.I.a
Packet Pg. 1409 Attachment: ORD-Zero Emission Vehicles Exemption 2d (7309 : Metered Parking Clean Air Decal Ordinance - Second Reading) 2 WHEREAS, vehicles issued White CAV decals meet the same stringent clean air standards as vehicles issued Red or Purple CAV decals, which remain valid; and WHEREAS, Santa Monica Municipal Code Section 3.16.120 exempts vehicles bearing Red and Purple CAV decals from parking meter payments but does not exempt vehicles bearing expired White CAV decals from those requirements; and WHEREAS, in February 2019, City Council expanded the exemption in Section

3.16.120 to include vehicles displaying expired White CAV decals allows early adopters of the cleanest vehicles to receive the same parking benefits as more recent adopters and appropriately recognizes that the exemption is tied to the emission levels of the vehicle itself rather than the date of DMV decal issuance.

WHEREAS, the parking benefits for most CAV decal holders, with purple decal holders unintentionally excluded, expires on September 30, 2025. This code amendment clarifies that the parking benefits expires for all CAV decal holders on September 30, 2025.

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

SECTION 1. Santa Monica Municipal Code Section 3.16.120 is hereby amended to read as follows:

3.16.120 Operation of Parking Meters.
(a) Unless exempt pursuant to subsection (b) or (c) of this Section, when any vehicle is parked in a metered parking space, the operator immediately shall deposit payment in the manner prescribed on the parking meter or at the parking space. Unless otherwise permitted by law, no person shall park a vehicle in a designated metered parking space in excess of the maximum parking time limit set by the City.

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Packet Pg. 1410 Attachment: ORD-Zero Emission Vehicles Exemption 2d (7309 : Metered Parking Clean Air Decal Ordinance - Second Reading) 3 (b) Subsection (a) of this Section shall not require an operator of a vehicle to deposit payment in a parking meter when:
(1) The parking meter indicates an unexpired portion remains of the period for which payment had been previously made; or
(2) An officer of the Fire or Police Department has determined a period of emergency exists; or
(3) A In compliance with the directions of a police officer or traffic control sign or signal; or
(4) A posted sign at the parking space indicates words similar to “Except Sunday” or “Except Sundays and Holidays” and the day is a Sunday or a holiday. (c) Subsection (a) of this Section shall not require an operator of a vehicle to deposit payment in a parking meter if the vehicle is lawfully displaying one of the following decals, placards or plates issued by the California Department of Motor Vehicles:
(1) A current and valid Clean Air Vehicle (CAV) decal; or (2) A Neighborhood Electric Vehicle (NEV) decal issued prior to 2011; or (3) A Green CAV decal issued prior to 2019; or
(4) A White CAV decal issued prior to 2019; or
(5) A Red CAV decal issued prior to 2022; or
(6) A Purple CAV decal issued prior to 2023; or
(7) Any special recognition plate.

The exemptions for zero-emission vehicle decals set forth in subsections (c)(1) through (c)(6) above shall automatically expire on September 30, 2025.

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Packet Pg. 1411 Attachment: ORD-Zero Emission Vehicles Exemption 2d (7309 : Metered Parking Clean Air Decal Ordinance - Second Reading) 4 SECTION 2. Any provision of the 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 effectuate 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.

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:
__________________________

HEIDI VON TONGELN
Interim City Attorney

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Packet Pg. 1412 Attachment: ORD-Zero Emission Vehicles Exemption 2d (7309 : Metered Parking Clean Air Decal Ordinance - Second Reading) City Council
Report
City Council Meeting: September 30, 2025
Agenda Item: 4.J
1 of 2
To: Mayor and City Council
From: Heidi Von Tongeln, Interim City Attorney, City Attorney's Office, Administration
Subject: Second Reading and Adoption of an Ordinance Amending Chapter 6.200 of the Santa Monica Municipal Code to Authorize and Establish Regulations for Cannabis Businesses and Delete Chapters 6.201, 6.202, and 6.203 of the Santa Monica Municipal Code
Recommended Action
Staff recommends that the City Council adopt the attached Ordinance.

Executive Summary
At its meeting on September 9, 2025, the City Council introduced for first reading an Ordinance amending Chapter 6.200 of the Santa Monica Municipal Code to authorize and establish regulations for cannabis businesses and delete Chapters 6.201, 6.202, and 6.203 of the Santa Monica Municipal Code. The ordinance is now presented to the City Council for adoption.

Prepared By: Bradley Michaud, Legal Administrative Services Officer Approved Forwarded to Council

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2 of 2
Attachments:

A. ORD-Cannabis Business 2d

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1 City Council Meeting: September 30, 2025 Santa Monica, California ORDINANCE NUMBER _________ (CCS)
(City Council Series)

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
SANTA MONICA AMENDING CHAPTER 6.200 OF THE SANTA MONICA MUNICIPAL

CODE TO AUTHORIZE AND ESTABLISH REGULATIONS FOR CANNABIS BUSINESSES AND DELETING CHAPTERS 6.201, 6.202, AND 6.203 OF THE SANTA

MONICA MUNICIPAL CODE
WHEREAS, the State of California has a long history of regulating cannabis uses within the State; and
WHEREAS, in 1996, California voters approved Proposition 215 (codified at Health and Safety Code section 11362.5 and titled the “Compassionate Use Act of 1996”), which provides criminal immunity for patients and primary caregivers for the cultivation and possession of cannabis if a doctor has recommended the cannabis for medical purposes; and
WHEREAS, in 2004, Senate Bill 420 was enacted (codified at Health and Safety Code section 11362.7 et seq. and titled the “Medical Marijuana Program Act”) to clarify the scope of the Compassionate Use Act of 1996; and
WHEREAS, the Medical Marijuana Program Act allows cities and other governing bodies to adopt and enforce laws consistent with its provisions; and WHEREAS, in 2015, Assembly Bills 243 and 266 and Senate Bill 643 were enacted (codified at Business and Professions Code section 19300 et seq. and titled the “Medical Marijuana Regulation and Safety Act”) and provided for enhanced statewide marijuana regulations; and

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Packet Pg. 1415 Attachment: ORD-Cannabis Business 2d (7310 : Cannabis Businesses Ordinance - Second Reading) 2 WHEREAS, in November 2016, voters approved Proposition 64, the Adult Use of Marijuana Act (“AUMA”), which allows adults 21 years of age or older to legally grow, possess, and use cannabis for nonmedicinal purposes, with certain restrictions; and WHEREAS, the AUMA authorizes the sale and distribution of cannabis for nonmedicinal purposes through a licensed business; and
WHEREAS, in 2017, the State legislature enacted Senate Bill 94 which created the Medicinal and Adult-Use Cannabis Regulation and Safety Act (“MAUCRSA”) and established regulations for the medicinal and adult-use cannabis markets, aligned all permit types, and authorized certain state agencies to establish rules governing cannabis operations and to implement the law; and
WHEREAS, MAUCRSA continues to preserve local control over cannabis-related uses by: (1) requiring medicinal cannabis businesses to obtain both a state license and a local license or permit, if required, to operate legally in California, (2) terminating the ability of a medicinal cannabis business to operate if its local license or permit is terminated, (3) continuing to authorize local governments to enforce local cannabis-related laws, (4) providing for penalties for unlicensed activities, and (5) expressly protecting local licensing practices, zoning and business regulation laws, and local actions taken under the constitutional police power; and
WHEREAS, consistent with State actions, City Council, when adopting its comprehensive update to its Zoning Ordinance in 2015, contemplated authorizing two medicinal cannabis retailers within the City to serve local needs; and

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Packet Pg. 1416 Attachment: ORD-Cannabis Business 2d (7310 : Cannabis Businesses Ordinance - Second Reading) 3 WHEREAS, 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
WHEREAS, as the commercial and economic landscape evolves, the City’s economic recovery and competitive advantage will depend on its ability to deliver on a diverse range of unique dining, retail, commercial, and entertainment uses; 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, on May 10, 2022, City Council requested that the City Manager schedule a study session as soon as practicable regarding whether to allow for the sale of nonmedicinal cannabis in the City of Santa Monica; and WHEREAS, on July 26, 2022, in line with potential economic recovery efforts, the City Council voted to place a cannabis business license tax measure (“Measure HMP”) on the ballot, imposing a tax on all commercial cannabis activities; and WHEREAS, in the November 2022 election, the voters approved Measure HMP; and
WHEREAS, on June 13, 2023, City Council held a study session where it: (1) considered key policy considerations for allowing adult-use cannabis businesses and other non-retail cannabis business types within the City of Santa Moncia; (2) discussed options for allowing adult-use cannabis sales and associated regulatory restrictions as may be appropriate; and (3) provided direction to staff on bringing back changes to the

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Packet Pg. 1417 Attachment: ORD-Cannabis Business 2d (7310 : Cannabis Businesses Ordinance - Second Reading) 4 Municipal Code to allow for adult-use cannabis retail businesses and non-retail cannabis business types within the City; and
WHEREAS, at the June 13, 2023, study session, City Council directed staff to return with an ordinance amendment allowing the previously approved medicinal cannabis retailers to also sell adult-use cannabis while the permanent adult-use cannabis updates are pending; and
WHEREAS, on November 14, 2023, City Council the adopted Interim Zoning Ordinance Number 2764 (CCS) (“IZO 2764”), which: (1) established interim zoning regulations related to terminology, definitions and use standards consistent with those established under IZO 2557 in 2017; and (2) expanded those interim regulations in order to allow the two approved medicinal cannabis retailers to also sell adult-use cannabis; and
WHEREAS, on December 19, 2023, City Council adopted Interim Zoning Ordinance Number 2770 (CCS) (“IZO 2770”), which extended IZO 2764 to February 12, 2026, to allow adequate time for staff to further evaluate the results of the land use changes included in the IZO and to develop a permanent adult-use cannabis program; and
WHEREAS, on January 19, 2024, Santa Monica was awarded a $40,000 grant from the State to conduct an equity assessment to inform the adult-use cannabis program; and
WHEREAS, on April 23, 2024, City Council had an additional study session to provide direction on cannabis social equity in Santa Monica and locational restrictions for adult-use cannabis; and

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Packet Pg. 1418 Attachment: ORD-Cannabis Business 2d (7310 : Cannabis Businesses Ordinance - Second Reading) 5 WHEREAS, on September 18, 2024, the Planning Commission conducted a study session where it discussed various policy considerations for adult-use cannabis uses; and WHEREAS, on October 16, 2024, in accordance with Santa Monica Municipal Code Section 9.46.030(B), the Planning Commission adopted a Resolution of Intention, Resolution Number 24-016 (PCS), declaring its intention to consider recommending to the City Council that the City Council amend the text of the Zoning Ordinance to consider recommending that the City Council make amendments to the Zoning Ordinance to allow adult-use cannabis uses, including, but not limited to, retail, cannabis events, and consumption lounges; and
WHEREAS, on January 28, 2025, the City Council adopted Interim Zoning Ordinance Number 2799 (CCS), amending the interim zoning regulations established by IZO 2764 and extended by IZO 2770 to expand the operating hours for the City’s existing cannabis retailers consistent with State law; and
WHEREAS, Chapters 6.200, 6.201, 6.202, and 6.203 of the Santa Monica Municipal Code are collectively known as the City of Santa Monica Cannabis Ordinance (“Cannabis Ordinance”); and
WHEREAS, Chapter 6.203 currently prohibits commercial nonmedicinal cannabis uses except for the two medicinal retailers that have been authorized to engage in commercial cannabis sales pursuant to IZO 2770 and IZO 2764; and WHEREAS, the City Council now wishes to amend the Cannabis Ordinance as provided in Exhibit A to authorize commercial cannabis businesses to sell and deliver adult-use and medicinal cannabis and cannabis products in the City; and

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Packet Pg. 1419 Attachment: ORD-Cannabis Business 2d (7310 : Cannabis Businesses Ordinance - Second Reading) 6 WHEREAS, Chapter 6.201 currently regulates nonmedicinal cannabis retailers; and
WHEREAS, the proposed amendments to Chapter 6.200 would cover both medicinal and nonmedicinal cannabis business activities and render Chapter 6.201 duplicative; and
WHEREAS, Chapter 6.202 permitted medicinal cannabis light manufacturing, which is no longer a permitted use in the City; and
WHEREAS, on September 9, 2025, the City Council conducted a duly noticed hearing, and, after considering all oral and written testimony, desires to amend the Cannabis Ordinance to amend Chapter 6.200 to allow commercial cannabis businesses to sell adult-use and medicinal cannabis and cannabis products, and to delete Chapters

6.201, 6.202, and 6.203 of the Cannabis Ordinance.

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

SECTION 1. Santa Monica Municipal Code Chapter 6.200 is hereby amended to read as follows as set forth in Exhibit A.

SECTION 2. Santa Monica Municipal Code Chapters 6.201, 6.202, and 6.203 are hereby deleted in their entirety.

SECTION 3. 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.

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Packet Pg. 1420 Attachment: ORD-Cannabis Business 2d (7310 : Cannabis Businesses Ordinance - Second Reading) 7 SECTION 4. If any section, subsection, sentence, clause, or phrase of this Ordinance is for any reason held to be invalid or unconstitutional by a decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this Ordinance. The City Council hereby declares that it would have passed this Ordinance and each and every section, subsection, sentence, clause, or phrase not declared invalid or unconstitutional without regard to whether any portion of the ordinance would be subsequently declared invalid or unconstitutional.

SECTION 5. 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:
_____________________

HEIDI VON TONGELN
Interim City Attorney

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Packet Pg. 1421 Attachment: ORD-Cannabis Business 2d (7310 : Cannabis Businesses Ordinance - Second Reading)

EXHIBIT A
AMENDMENTS TO CHAPTER 6.200
CHAPTER 6.200

COMMERCIAL CANNABIS

1. SMMC Section 6.200.010 is amended to read as follows:

6.200.010. Purpose.

Chapter 6.200 of this Code shall be known as the City of Santa Monica Cannabis Ordinance (hereinafter this “Ordinance”). The City has a compelling interest in protecting the public health, safety, and welfare of its citizens, residents, visitors, and businesses by developing and implementing strict performance and operating standards for commercial cannabis activities so that only the most qualified operators of such businesses will operate within the City. The purpose of this Ordinance is to effectuate these compelling interests by establishing regulatory requirements for commercial cannabis activities within the City.

2. SMMC Section 6.200.020 is amended to read as follows:

6.200.020. Definitions.

For purposes of this Chapter, the following words shall have the following meanings:
a. “Cannabis” shall have the same meaning as set forth in Business and Professions Code Section 26001(f) as may be amended from time to time. b. “Cannabis product” shall have the same meaning as set forth in Section 11018.1 of the Health and Safety Code as may be amended from time to time. c. “Cannabis Retailer” or “Cannabis Retail Business” shall mean a licensed premises located within the City from which Cannabis or Cannabis products are intended to be sold or delivered from. A Cannabis Retailer includes any business engaging in Retail Cannabis, including businesses that sell Cannabis or Cannabis products for personal consumption or

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Packet Pg. 1422 Attachment: ORD-Cannabis Business 2d (7310 : Cannabis Businesses Ordinance - Second Reading) businesses that sell Medicinal Cannabis or Medicinal cannabis products for personal consumption. A Cannabis Retailer includes a Non-Storefront Cannabis Retailer that is closed to the public and makes sales exclusively by Delivery. d. “Cannabis Permits” shall refer to the Cannabis Retailer Permits and Non-City-Based Cannabis Delivery Permits, collectively.
e. “Cannabis Retailer Permit” shall mean an annual regulatory permit issued to Cannabis Retailers in conjunction with the City business license which allows the Permittee to engage in allowable Cannabis Retailer activities consistent with the requirements of this Chapter, applicable law, any adopted rules and regulations, and state law. f. “City” shall mean the City of Santa Monica.
g. “Code” shall mean the Santa Monica Municipal Code, as may be amended from time to time.
h. “Commercial cannabis activity” shall have the same meaning as that set forth in Business and Professions Code Section 26001(n) as the same may be amended from time to time.
i. “Cultivation” shall have the same meaning as set forth in Business and Professions Code Section 26001(o) as may be amended from time to time. j. “Delivery” shall have the same meaning as set forth in Business and Professions Code Section 26001 as may be amended from time to time. “Delivery” shall also include the use by a business of any technology platform to facilitate delivery of Cannabis or Cannabis products.
k. “Director” shall mean the Director of Community Development, or designee. l. “Manufacture” shall have the same meaning as set forth in Business and Professions Code Section 26001(al) as may be amended from time to time. m. “Medicinal cannabis,” “Medicinal cannabis product,” and “cannabis product” shall

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Packet Pg. 1423 Attachment: ORD-Cannabis Business 2d (7310 : Cannabis Businesses Ordinance - Second Reading) have the same meanings as set forth in Business and Professions Code Section 26001(am) as may be amended from time to time.
n. “Non-City-Based Cannabis Delivery Permit” shall mean the annual regulatory permit issued to Non-City-Based Cannabis Delivery Retailers in conjunction with the City business license that allows the Permittee to deliver Cannabis and Cannabis products within the City subject to the requirements of this Chapter, applicable law, adopted administrative regulations, and state law.
o. “Non-City-Based Cannabis Delivery Retailer” means a business that: (1) has no physical location within the City; and (2) is properly licensed in another California jurisdiction, which delivers Cannabis to customers in the City. p. “Non-City-Based Cannabis Delivery Services” means the Cannabis delivery services provided by a Non-City-Based Cannabis Delivery Retailer. q. “Non-Storefront Cannabis Retailer” means a Cannabis Retailer located within the City which sells Cannabis and Cannabis products to customers only through delivery. r. “Non-Storefront Cannabis Delivery Services” means the Cannabis delivery services provided by a Non-Storefront Cannabis Retailer.
s. “Permittee” means a person who has been issued either: (1) a Cannabis Retailer Permit; or (2) a Non-City-Based Cannabis Delivery Permit under this Chapter. t. “Retail Cannabis” shall mean the sale of Cannabis and Cannabis products to consumers, typically through licensed storefronts or delivery services. It includes the legal sale of both adult-use and medical cannabis and cannabis products, subject to state and local regulations.
u. “Retailer” shall have the same meaning as set forth in Business and Professions Code Section 26001(ay) as the same may be amended from time to time. v. “Storefront Cannabis Delivery Services” means a Cannabis Retailer with a physical

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Packet Pg. 1424 Attachment: ORD-Cannabis Business 2d (7310 : Cannabis Businesses Ordinance - Second Reading) location in the City which offers delivery of Cannabis and/or Cannabis products in addition to in-store sales.

3. SMMC Section 6.200.025 is added to read as follows:

6.200.025 License and Permit Required
a. Business License required. All Cannabis Retailers and all Non-City-Based Cannabis Delivery Retailers shall obtain a business license from the City to engage in business in the City.
b. Cannabis Retailer Permit required. Prior to operating any Retail Cannabis business in the City, the owner or operator shall obtain a Cannabis Retailer Permit for each location operating within the City.
c. Non-City-Based Cannabis Delivery Permit required. Prior to delivering Cannabis and/or Cannabis products to customers in the City, any business providing Non-CityBased Cannabis Delivery Services shall first apply for and obtain a Non-City-Based Cannabis Delivery Permit.

4. SMMC Section 6.200.030 is amended to read as follows:

6.200.030 Cannabis Retailer Permit Application Requirements Application. In addition to any information or documents required by the Director, or adopted in administrative regulations issued pursuant to this Chapter, applications for a Cannabis Retailer Permit shall include:
a. Business Entity Information.
b. Owner and Officer Information.
c. Authorized Representative Information.
d. A description of the proposed Retail Cannabis business activities.

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Packet Pg. 1425 Attachment: ORD-Cannabis Business 2d (7310 : Cannabis Businesses Ordinance - Second Reading) e. In the event the applicant is not the owner of record of the real property upon which the Retail Cannabis business is or is to be located, the application must be accompanied by a notarized statement and consent from the owner of the property acknowledging that the applicant intends to operate a cannabis business on the property. In addition to furnishing such notarized statement, the applicant shall furnish the name and address of the owner of record of the property, as well as a copy of the lease or rental agreement pertaining to the premises in which the cannabis business is or will be located.
f. An executed release of liability and hold harmless in the form set forth in the City’s application form.
g. A description of the procedure for documenting the source of the Cannabis to be dispensed by the cannabis use. Documentation that the location(s) where the cannabis is cultivated and manufactured have proper State and local permits and are compliant with the zoning regulations of the jurisdiction in which they are located. h. If selling Medicinal Cannabis:

1. A description of the screening, registration, and validation process for qualified medical cannabis patients and the protocols to verify that: (A) purchasers of medical cannabis products are eighteen years of age or older; and (B) purchasers of adult-use Cannabis are twenty-one years of age or older;

2. A description of qualified patient records acquisition and retention procedures;

3. A description of the process for tracking cannabis quantities and inventory controls, including on-site cultivation (if any), processing and Cannabis products received from outside sources.

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Packet Pg. 1426 Attachment: ORD-Cannabis Business 2d (7310 : Cannabis Businesses Ordinance - Second Reading) i. Valid Cannabis Retail license issued by the State of California Department of Cannabis Control depending on the type of Retail Cannabis operations being proposed. j. Valid State of California Seller’s Permit.
k. Waste management plan.
l. Fingerprint background checks.
m. An approved security plan meeting the requirements set forth in administrative regulations. To the extent permitted by law, the security plan shall be kept confidential by the City. Applicants are encouraged to provide a redacted copy of the security plan that can be provided in response to a PRA request.
n. Any further information determined by the City to be material to the evaluation of the applicant’s fitness to operate.

5. SMMC Section 6.200.035 is added to read as follows:

6.200.035 Non-City-Based Cannabis Delivery Permit - Application Requirements In addition to any information or documents required by the Director, or adopted in administrative regulations issued pursuant to this Chapter, applications for a Non-CityBased Cannabis Delivery Permit shall include:
a. Business Entity Information.
b. Owner and Officer Information.
c. Authorized Representative Information.
d. An executed release of liability and hold harmless in the form set forth in the City’s application form.
e. Valid Cannabis Retail license issued by the State of California Department of Cannabis Control consistent with the type of Retail Cannabis operations being proposed.

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Packet Pg. 1427 Attachment: ORD-Cannabis Business 2d (7310 : Cannabis Businesses Ordinance - Second Reading) f. Valid State of California Seller’s Permit.
g. Copy of a valid local permit authorizing the applicant to engage in Retail Cannabis activity and provide cannabis delivery service. h. Insurance information as required by this Chapter or applicable administrative regulations.

6. SMMC Section 6.200.040 is amended to read as follows:

6.200.040 Minimum Criteria for Issuance of a Cannabis Retailer Permit. a. The applicant, and any existing or prospective manager, must be at least twentyone years of age. b. The applicant, or any existing or prospective manager, must not have had a similar type of license previously revoked or denied for good cause within the immediately preceding two years prior to the license application. c. The applicant and any proposed manager shall undergo a background investigation. Within 10 years, neither the applicant, nor any proposed or prospective manager, shall have been convicted of:

1. Any offense relating to possession, manufacture, sales, or distribution of a controlled substance, with the exception of cannabis related offenses;

2. Any offense involving the use of force or violence upon the person of another;

3. Any offense involving theft, fraud, dishonesty or deceit;

4. Any offense involving sales of Cannabis to a minor or use of a minor to distribute Cannabis.

For purposes of this subsection (c), a conviction includes a plea or verdict of guilty or a conviction following a plea of nolo contendere. The above criteria are in addition to the

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Packet Pg. 1428 Attachment: ORD-Cannabis Business 2d (7310 : Cannabis Businesses Ordinance - Second Reading) provisions in Section 6.04.260 (Revocation, suspension or denial of business license certificate and the applicable regulatory permits) and any applicable provisions of state law. d. The location of any Cannabis Retailer shall comply with the location requirements found in, among other things, Chapter 9.31 of this Code. e. The security plan adequately addresses the required topics. f. All applicable taxes and fees have been paid.
g. All applicable standards set forth in this Code, administrative regulations, and any other applicable state and local laws have been met.

7. SMMC Section 6.200.050 is added to read as follows:

6.200.050 Cannabis Permits - Annual Renewal Required
Any Cannabis Permits issued pursuant to this Chapter shall be effective for the same period as the corresponding business license issued. Before the expiration of any such Cannabis Permits, a Permittee that desires to continue operating in the City must file an application for renewal. The renewal application shall be filed in a manner established by administrative regulations, and such renewal application shall be granted only when the requirements for the issuance of such permit, or other criteria established in administrative regulations, are met.

8. SMMC Section 6.200.055 is added to read as follows:

6.200.055 Conformance with Applicable Laws
All Permittees shall operate in full compliance with all applicable state laws. Nothing in this Ordinance is intended to authorize the operation of any commercial cannabis activity in a manner contrary to applicable state laws.

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Packet Pg. 1429 Attachment: ORD-Cannabis Business 2d (7310 : Cannabis Businesses Ordinance - Second Reading)

9. SMMC Section 6.200.060 is amended to read as follows:

6.200.060 Cannabis Permits - Revocation, Suspension, or Denial Any Cannabis Permits may be revoked, suspended, or denied by the Director, or designee, based upon any of the following grounds:
a. The applicant has made a materially false, misleading or fraudulent statement of fact or omission of fact to the City;
b. The applicant operates, has operated, or proposes to operate in a manner that endangers public health or safety;
c. The applicant fails to comply or has failed to comply with any requirement imposed by the provisions of the Code, including any rule, regulation, condition, or standard adopted pursuant to this Chapter, or any term or condition imposed by the Cannabis Retail Permit, or any provision of state law;
d. The applicant, or any of its officers, owners or principals, has been convicted of a criminal offense that is substantially related to the qualifications, functions or duties of the vending profession, including, but not limited to, any criminal conviction involving a violent or serious felony, fraud, deceit, or embezzlement; or e. Other grounds set forth in the Code or by administrative regulations.

10. SMMC Section 6.200.070 is amended to read as follows:

6.200.070 Cannabis Retailer Operating Requirements
All Cannabis Retail Businesses in the City shall operate in conformance with the following operating requirements:
a. Hours of operation shall be limited to: Monday through Sunday, 6:00 a.m. to 10:00 p.m., or as further limited by state law.

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Packet Pg. 1430 Attachment: ORD-Cannabis Business 2d (7310 : Cannabis Businesses Ordinance - Second Reading) b. Security shall comply with the following minimum standards and any standards set forth in administrative regulations:

1. Cannabis Retail Businesses shall provide adequate security and lighting on site to ensure the safety of persons and protect the premises from theft at all times in conformance with the security plan submitted with the Cannabis Retailer’s application.

2. All security guards employed by a Cannabis Retail Business shall wear a uniform, or otherwise be dressed in a manner to be easily identifiable as security guards. Security guards must be licensed and possess a valid Department of Consumer Affairs “Security Guard Card” at all times. A Cannabis Retailer’s security guards shall not possess firearms or tasers.

3. Cannabis Retail Businesses shall provide a neighborhood security guard patrol for the surrounding area of the business as specified in administrative regulations during all hours of operation.
c. Cannabis Retail Businesses shall provide law enforcement and all neighbors within one hundred feet of the business with the name and phone number of an on-site community relations employee to notify if there are operational problems with the establishment.
d. Cannabis Retail Business operator(s) shall attend regular meetings with the Santa Monica Police Department, Santa Monica Fire Department, and other City staff as may be required by the City to review public safety issues associated with their operations.
e. Delivery of Cannabis from Cannabis Retailers to customers in the City and surrounding areas is permitted, in accordance with the operating requirements in this Chapter, including Section 6.200.080 - Cannabis Delivery Operating Requirements. f. Any operating standards set for in administrative regulations established under

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Packet Pg. 1431 Attachment: ORD-Cannabis Business 2d (7310 : Cannabis Businesses Ordinance - Second Reading) this Chapter, including, but not limited to, administrative regulations: prohibiting Cannabis consumption on the premises or nearby vicinity; prohibiting sale or use of alcohol or tobacco products on the premises; requiring Cannabis warnings and signage as established by the City or state law; establishing allowable delivery times and methods for shipments of Cannabis or Cannabis Products into the premises; addressing Cannabis sourcing; establishing access to the premises by City staff (including Code Enforcement, Police Department and/or Fire Department) or other agents or employees of the City to determine compliance or address health, safety, or other concerns, minimum employment criteria (including minimum age); setting periodic meetings with City staff to address public safety or other community concerns; establishing odor absorption requirements; prohibiting loitering near the premises; and any other regulation intending to address health, safety, or other community concerns.

11. SMMC Section 6.200.080 is amended to read as follows:

6.200.080 Cannabis Delivery Operating Requirements
All deliveries of Cannabis and Cannabis Products shall be done in accordance with the following requirements:
a. Businesses based within the City, including businesses providing Storefront Cannabis Delivery Services or businesses providing Non-Storefront Cannabis Delivery Services, must have a valid City business license and Cannabis Retailer Permit to operate within the City.
b. Businesses providing Non-City-Based Cannabis Delivery Services, must have a valid City business license and a Non-City-Based Cannabis Delivery Permit to operate within the City. A business providing Non-City-Based Cannabis Delivery Services must be able to show compliance with the regulations of the jurisdiction it is licensed by and

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Packet Pg. 1432 Attachment: ORD-Cannabis Business 2d (7310 : Cannabis Businesses Ordinance - Second Reading) physically located in.
c. Every business providing Cannabis delivery service within the City shall obtain and maintain in full force and effect a commercial automobile insurance policy which provides the minimum coverages required by State, County, or local laws, including administrative regulations, whichever is higher.

1. The Permittee shall maintain on file with the Director proof of the insurance required hereunder before any permit under this Chapter, or business license, is issued.

2. If the insurance policies issued to the Permittee pursuant to this Chapter are canceled for any reason, any permit issued under this Chapter is automatically suspended. In order to reinstate the permit, the Permittee shall file a new certificate of insurance and provide proof of such to the Director.
d. Only delivery to persons twenty-one years of age or over shall be allowed, except deliveries of Medicinal Cannabis or medicinal cannabis products are permitted to Medicinal Cannabis patients that are eighteen years of age and older. e. Any operating standards established in any administrative regulations established under this Chapter, including, but not limited to, administrative regulations:
relating to security, operation, maintenance and appearance of vehicles delivering Cannabis and Cannabis products; establishing the minimum age and other minimum requirements for Delivery drivers and anyone accompanying the driver; outlining the maintenance of a ledger of deliveries as established by the City or state law; establishing restrictions on total floor area for storage of Cannabis and Cannabis products; concerning the operation of Non-Storefront Cannabis Delivery Retailers; establishing access to the premises by City staff (including Code Enforcement, Police Department and/or Fire Department) or other agents or employees of the City to

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Packet Pg. 1433 Attachment: ORD-Cannabis Business 2d (7310 : Cannabis Businesses Ordinance - Second Reading) determine compliance or address health, safety, or other concerns, minimum employment criteria (including minimum age); establishing odor absorption requirements; prohibiting loitering near the premises; and any other regulation intending to address health, safety, or other community concerns.

12. SMMC Section 6.200.090 is amended to read as follows:

6.200.090 Medicinal Cannabis Retailer – Operating Requirements.

In addition to the operating requirements found in Sections 6.200.070 and 6.200.080 of this Code, other requirements in this Chapter or the Code, and any applicable administrative regulations, all Cannabis Retailers which sell Medicinal Cannabis in the City shall operate in conformance with the following operating requirements:
a. No physician shall be permitted in any Cannabis Retail Business at any time for the purpose of evaluating patients for the issuance of a medicinal cannabis recommendation or medicinal cannabis identification card. b. Medicinal Cannabis shall only be dispensed to qualified patients and their caregivers as defined by state law.
c. Medicinal Cannabis patrons shall be notified of the following verbally or through posting of a sign in a conspicuous location readily visible to persons entering the premises:

1. Use of Medicinal Cannabis shall be limited to the patient identified on a valid doctor’s recommendation, or a qualified purchaser identified on a state-issued form of identification.

2. Forgery of medical documents is a felony crime.
d. Medicinal Cannabis shall only be provided to an individual in an amount consistent with personal-medical use.

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Packet Pg. 1434 Attachment: ORD-Cannabis Business 2d (7310 : Cannabis Businesses Ordinance - Second Reading) e. Medicinal Cannabis patients shall be eighteen years of age or older.

13. SMMC Section 6.200.100 is added to read as follows:

6.200.100 Noncompliance Prohibited.
a. No person or entity shall dispense, distribute, sell, convey, exchange, or give away Cannabis in the City except in compliance with the provisions of this Chapter and Section 9.31.095 of this Code. Dispensing, distributing, selling, conveying, exchanging, or giving away Cannabis in the City without a business license is a misdemeanor violation.
b. Violations of this Chapter are also subject to the administrative citation procedure provisions found in Chapter 1.09 of this Code.
c. Nothing in this Chapter shall be interpreted to conflict with state law, including, without limitation, the Compassionate Use Act, the Control, Regulate, and Tax Adult Use of Marijuana Act (AUMA) and the MAUCRSA, as may be amended, and the rights granted to individuals for the adult-use and medical-use of cannabis under state law. d. Failure of a cannabis business to pay applicable taxes and fees to the city for a three-month period shall be grounds for revocation of the City business license. If a business has failed to pay applicable taxes and fees to the city the City may suspend or revoke the business license and any Cannabis Permits (as applicable). For delinquent taxes and fees, if a business enters into a payment plan with the City within two months of being notified by the City of failure to pay applicable taxes and/or fees, the grounds for revocation of a business license specified in this section shall not apply to the business, as long as the business remains in compliance with the terms of the payment plan and completes the payment plan.

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Packet Pg. 1435 Attachment: ORD-Cannabis Business 2d (7310 : Cannabis Businesses Ordinance - Second Reading)

14. SMMC Section 6.200.110 is added to read as follows:

6.200.110 Adoption of Rules and Regulations – Violations. a. The Director or designee may adopt administrative regulations to implement the provisions of this Chapter, including, but not limited to, establishing or revising Cannabis Retailer operating requirements, Cannabis Delivery operating requirements, Medicinal Cannabis retailer operating requirements, periodic inspection protocols and timing, conditions of approval, establishing or revising renewal criteria for any Cannabis Permits, establishing or revising grounds for revocation, suspension, or denial of any Cannabis Permits, and any other regulation intending to address health, safety, or other community concerns. From time to time, the Director, or designee, may issue such guidance and promulgate such rules as deemed in its discretion necessary to carry out the provisions of this Ordinance.
b. No Cannabis Retailer or Non-City-Based Cannabis Delivery Retailer shall fail to comply with the City’s administrative regulations issued pursuant to this Chapter.

15. SMMC Section 6.200.115 is added to read as follows:

6.200.115 Conditions of Approval
a. Right to Condition License. The Director, or designee, may impose conditions on any Cannabis Retailer Permit, if:

1. Conditions exist that are specific to the location or business which may reasonably affect the health, safety, or welfare of the patrons or surrounding community.

2. Grounds for denial or revocation of a business license exist, or that the manner in which the business has been conducted, or operated, is detrimental to the public health, safety, and welfare.
b. Application to Change Conditions. The Director may change, modify or eliminate

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Packet Pg. 1436 Attachment: ORD-Cannabis Business 2d (7310 : Cannabis Businesses Ordinance - Second Reading) any conditions previously placed on a permit upon written request of the Permittee if it finds that the reasons for the original imposition of such conditions have been cured or no longer exist.
c. Appeal of Conditions. A Permittee, whose permit has been conditioned pursuant to this section, may appeal the conditions by filing an appeal on a form provided by the Director within 15 days after the conditions are imposed.

If an appeal relating to cannabis permit conditions is timely filed, the Director, or designee, shall consider the appeal and, if the owner has so requested in his or her appeal form, shall grant the owner an oral hearing, and shall give the owner 10 days’ notice of the time and place of hearing. The Director, or designee, shall issue a written decision upholding the conditions or modifying or removing the conditions. The written decision of the Director, or designee, following an appeal of a cannabis permit condition shall be the final decision of the City.

16. SMMC Section 6.200.120 is added to read as follows:

6.200.120 State Licenses Required.

A Cannabis Retailer or Non-City-Based Cannabis Delivery Retailer licensed, permitted, and operating under this Chapter shall at all times have a current, valid state license for any and all activity which requires a state license under state law, including, without limitation, a seller’s permit from the State Board of Equalization. The Permittee shall post its state license in a conspicuous place. Failure to maintain and post a current, valid state license is grounds for revocation of a business license under this Chapter.

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Packet Pg. 1437 Attachment: ORD-Cannabis Business 2d (7310 : Cannabis Businesses Ordinance - Second Reading)

17. SMMC Section 6.200.130 is added to read as follows:

6.200.130 Violations and Penalties
Violations of any provision of this Chapter or any applicable administrative regulations shall, in addition to any other remedies contained in this Code, shall be subject to the issuance of administrative citation as set forth in Chapter 1.09 of this Code. Each day or portion thereof during which any violation is committed, continued, or permitted may be deemed a separate offense.

18. SMMC Section 6.200.140 is added to read as follows:

6.200.140 City Fees.

The City Council may adopt fees related to Cannabis Retailer Permits, Non-City-Based Cannabis Delivery Permits, or other fees necessary to implement this Chapter.

19. SMMC Section 6.200.150 is added to read as follows:

6.200.150 Other Commercial Nonmedicinal Use Prohibited
Except as provided in this Chapter, it shall be unlawful to undertake, establish, operate, maintain, or permit any other commercial cannabis activity in the City. No use permit, business license, variance, building permit, or any other entitlement, license, or permit, whether administrative or discretionary, shall be approved or issued. The possession of a State license for commercial cannabis activity shall not be sufficient to authorize the operation of such a use within the City.

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Packet Pg. 1438 Attachment: ORD-Cannabis Business 2d (7310 : Cannabis Businesses Ordinance - Second Reading)

20. SMMC Section 6.200.160 is added to read as follows:

6.200.160 Cannabis Retailer Permits - Restrictions on Transfers, Change, or Alteration
a. Transfer of a Cannabis Retailer Permit prohibited. A Cannabis Retailer Permit is valid only as to the named Permittee. No Permittee is allowed to transfer its Cannabis Retailer Permit to any person except pursuant to the terms of this section. Except as permitted, any such transfer or attempted transfer shall be deemed to constitute a voluntary surrender of the Cannabis Retailer Permit and shall thereafter be null and void, except as set forth in this Chapter.
b. Transfer of less than majority ownership. A Permittee may transfer less than 50% ownership or control of a Cannabis Retailer Permit with prior written approval of the Director, or designee, after submission of all required application materials, payment of applicable fees as established by resolution of City Council, and a determination that the transferee(s) satisfy(ies) the requirements of this Chapter such as to be entitled to the issuance of an original Cannabis Retailer Permit.
c. Change in name of business entity without any change in ownership. A Permittee may change the name without applying to the Director, or designee, for a new Cannabis Retailer Permit if the ownership of the renamed business entity is the same as the original business entity. Although a new Cannabis Retailer Permit is not required, the Permittee shall notify the City in writing of the change within 30 days of the change, provide any required documentation, and obtain an amendment to the original Cannabis Retailer Permit.
d. Change in entity form. A Permittee that changes corporate form must obtain all required state licenses and submit a new application to the City for a Cannabis Retailer Permit.

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Packet Pg. 1439 Attachment: ORD-Cannabis Business 2d (7310 : Cannabis Businesses Ordinance - Second Reading) e. Involuntary transfer. In the event of the death, incapacity, receivership, assignment for the benefit of creditors or other event rendering one or more Permittees incapable of performing the duties associated with the Cannabis Retailer Permit, the Permittee or Permittee’s successor in interest (e.g., appointed guardian, executor, administrator, receiver, trustee, or assignee) shall notify the Director, or designee, in writing, within 14 calendar days of the occurrence of such event. To continue operations or cancel the existing Cannabis Retailer Permit, Permittee’s successor in interest shall submit to the Director, or designee, the following:

1. The name of Permittee’s successor in interest;

2. The name of the Permittee(s) for which the successor in interest is succeeding;

3. The phone number, mailing address, and email address of the successor in interest;

4. Documentation demonstrating that the Permittee(s) is incapable of performing the duties associated with the Cannabis Retailer Permit, such as a death certificate or a court order, and documentation demonstrating that the person making the request is the Permittee’s successor in interest such as a court order appointing guardianship, receivership, or a will or trust agreement;

5. The Director, or designee, in their sole and complete discretion, may give the Permittee’s successor in interest written approval to continue operating the cannabis retail business authorized by the Cannabis Retailer Permit on the premises for a period of time specified by the Director, or designee, provided that the successor in interest shall be subject to all terms and conditions of the Cannabis Retailer Permit, this Chapter, any provision of the state cannabis laws, or any applicable local law or regulations f. Cannabis retail business name. No Permittee shall operate, conduct, manage,

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Packet Pg. 1440 Attachment: ORD-Cannabis Business 2d (7310 : Cannabis Businesses Ordinance - Second Reading) engage in, or carry on the business of a Cannabis Retailer Business under any name other than the name specified in the Cannabis Retailer Permit. g. Effect of failure to comply. Failure to comply with this section constitutes grounds for suspension or revocation of a Cannabis Retailer Permit. h. No extension of permit. Any change permitted under this section shall not extend the term of a Cannabis Retailer Permit.

21. SMMC Section 6.200.170 is added to read as follows:

6.200.170 Limitations on City’s Liability
To the fullest extent permitted by law, the City shall not assume any liability whatsoever with respect to having issued any Cannabis Permits pursuant to this Chapter or otherwise approving the operation of any Cannabis Retail Business. As a condition to the approval of any Cannabis Permit, the applicant, owner and Permittee shall be required to meet all of the following conditions before a Cannabis Permit is issued:
a. The applicant, owner, and Permittee must execute an agreement, in a form approved by the City Attorney, agreeing to indemnify, defend (at applicant’s, owner’s and Permittee’s sole cost and expense), and hold harmless the City, the City Council of Santa Monica, and the City’s officers, officials, employees, representatives, and agents from any and all claims, losses, damages, injuries, liabilities or losses which arise out of, or which are in any way related to, the City’s issuance of a Cannabis Permit, the City’s decision to approve the operation of the Cannabis Retail Business or other Retail Cannabis activity, the process used by the City in making its decision, or the alleged violation of any federal, state or local laws by the Cannabis Retail Business’s applicant, owner, Permittee, or any of their officers, managers, employees or agents. b. The applicant, owner, and Permittee must execute an agreement, in a form

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Packet Pg. 1441 Attachment: ORD-Cannabis Business 2d (7310 : Cannabis Businesses Ordinance - Second Reading) approved by the City Attorney, agreeing to reimburse the City for all costs and expenses, including but not limited to attorney fees and costs, which the City may be required to pay as a result of any legal challenge related to the City’s approval of the applicant’s, owner’s and Permittee’s Cannabis Permit, or related to the City’s approval of the applicant’s Cannabis Retailer activity. The City may, at its sole discretion, participate at its own expense in the defense of any such action, but such participation shall not relieve any of the obligations imposed hereunder.

22. SMMC Section 6.200.180 is added to read as follows:

6.200.180 Records and Recordkeeping
a. Each Cannabis Retailer shall maintain accurate books and records in an electronic format, detailing all of the revenues and expenses of the business, and all of its assets and liabilities. At any time upon request of the City with 30-days’ notice, each Cannabis Retailer shall file a sworn statement detailing the Cannabis Retailer’s revenue and number of sales during the previous twelve (12)-month period (or shorter period based upon the timing of the request), provided on a per-month basis. The statement shall also include gross revenues for each month, and all applicable taxes paid or due to be paid. On an annual basis, each Cannabis Retailer shall submit to the City a financial audit of the business’ operations conducted by an independent certified public accountant. Each Cannabis Retailer shall be subject to a regulatory compliance review and financial audit as determined by the Director, or designee. b. Each Cannabis Retailer permittee shall maintain a current register of the names and the contact information (including the address, e-mail address and telephone number) of anyone owning or holding an interest in the Cannabis Retail Business, and separately of all the officers, managers, employees, responsible persons and volunteers

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Packet Pg. 1442 Attachment: ORD-Cannabis Business 2d (7310 : Cannabis Businesses Ordinance - Second Reading) currently employed or otherwise engaged by the Cannabis Retail Business. The register required by this paragraph shall be provided to the Director, or designee, within 30 days of the City’s request.
c. All records collected by a Cannabis Retailer pursuant to this Chapter shall be maintained for a minimum of four years and shall be made available to the agents or employees of the City within 30 days from the City’s request, except that private medical records shall be made available only pursuant to a properly executed search warrant, subpoena, or court order.
d. All Cannabis Retailers shall maintain an inventory control and reporting system that accurately documents the present location, amounts, and descriptions of all Cannabis and Cannabis Products for all stages of the growing and production or manufacturing, laboratory testing and distribution processes until purchase as required by state law.
e. Subject to any restrictions under the Health Insurance Portability and Accountability Act (HIPAA) regulations, each Cannabis Retailer shall allow the City, its agents, or its employees to have access to the business’s books, records, accounts, together with any other data or documents relevant to its Cannabis Retailer activities, for the purpose of conducting an audit or examination. Books, records, accounts, and any and all relevant data or documents will be produced no later than 30 days after receipt of the City’s request, unless otherwise stipulated by the City. The City may require the materials to be submitted in an electronic format that is compatible with the City’s software and hardware.

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Packet Pg. 1443 Attachment: ORD-Cannabis Business 2d (7310 : Cannabis Businesses Ordinance - Second Reading)

23. SMMC Section 6.200.190 is added to read as follows:

6.200.190 Inspection authority.

In addition to any other inspection rights authorized in this Chapter or applicable administrative regulations, the Director, or any designated representative, is authorized to enter the business premises of a Cannabis Retailer during business hours for the purpose of inspecting said premises and determining whether the retailer is in compliance with this Chapter.

24. SMMC Section 6.200.200 is added to read as follows:

6.200.200 Equity Program.

The City Council may adopt a resolution to establish, modify, or repeal an equity program relating to Cannabis Retailer Permits.

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Packet Pg. 1444 Attachment: ORD-Cannabis Business 2d (7310 : Cannabis Businesses Ordinance - Second Reading) City Council
Report
City Council Meeting: September 30, 2025
Agenda Item: 4.K
1 of 1
To: Mayor and City Council
From: Heidi Von Tongeln, Interim City Attorney, City Attorney's Office, Administration
Subject: Second Reading and Adoption of an Ordinance Amending the Text of the Zoning Ordinance to Authorize Cannabis Retailers to Sell Adult-Use and Medicinal Cannabis and Cannabis Products Within Certain Zoning Districts Recommended Action
Staff recommends that the City Council adopt the attached Ordinance.

Executive Summary
At its meeting on September 9, 2025, the City Council introduced for first reading an Ordinance amending the text of the Zoning Ordinance to authorize cannabis retailers to sell adult-use and medicinal cannabis and cannabis products within certain zoning districts. The ordinance is now presented to the City Council for adoption.

Prepared By: Bradley Michaud, Legal Administrative Services Officer Approved Forwarded to Council
Attachments:

A. ORD-Cannabis Zoning Amendments 2d

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Packet Pg. 1445
1 City Council Meeting: September 30, 2025 Santa Monica, California ORDINANCE NUMBER _________ (CCS)
(City Council Series)

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF

SANTA MONICA AMENDING THE TEXT OF THE ZONING ORDINANCE TO

AUTHORIZE CANNABIS RETAILERS TO SELL ADULT-USE AND MEDICINAL

CANNABIS AND CANNABIS PRODUCTS WITHIN CERTAIN ZONING DISTRICTS WHEREAS, the State of California has a long history of regulating cannabis uses within the State; and
WHEREAS, in 1996, California voters approved Proposition 215 (codified at Health and Safety Code section 11362.5 and titled the “Compassionate Use Act of 1996”), which provides criminal immunity for patients and primary caregivers for the cultivation and possession of cannabis if a doctor has recommended the cannabis for medical purposes; and
WHEREAS, in 2004, Senate Bill 420 was enacted (codified at Health and Safety Code section 11362.7 et seq. and titled the “Medical Marijuana Program Act”) to clarify the scope of the Compassionate Use Act of 1996; and
WHEREAS, the Medical Marijuana Program Act allows cities and other governing bodies to adopt and enforce laws consistent with its provisions; and WHEREAS, in 2015, Assembly Bills 243 and 266 and Senate Bill 643 were enacted (codified at Business and Professions Code section 19300 et seq. and titled the “Medical Marijuana Regulation and Safety Act”) and provided for enhanced statewide marijuana regulations; and

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Packet Pg. 1446 Attachment: ORD-Cannabis Zoning Amendments 2d (7311 : Cannabis Zoning Ordinance - Second Reading) 2 WHEREAS, in November 2016, voters approved Proposition 64, the Adult Use of Marijuana Act (“AUMA”), which allows adults 21 years of age or older to legally grow, possess, and use cannabis for nonmedicinal purposes, with certain restrictions; and WHEREAS, the AUMA authorizes the sale and distribution of cannabis for nonmedicinal purposes through a licensed business; and
WHEREAS, in 2017, the State legislature enacted Senate Bill 94 which created the Medicinal and Adult-Use Cannabis Regulation and Safety Act (“MAUCRSA”) and established regulations for the medicinal and adult-use cannabis markets, aligned all permit types, and authorized certain state agencies to establish rules governing cannabis operations and to implement the law; and
WHEREAS, MAUCRSA continues to preserve local control over cannabis-related uses by: (1) requiring medicinal cannabis businesses to obtain both a state license and a local license or permit, if required, to operate legally in California, (2) terminating the ability of a medicinal cannabis business to operate if its local license or permit is terminated, (3) continuing to authorize local governments to enforce local cannabis-related laws, (4) providing for penalties for unlicensed activities, and (5) expressly protecting local licensing practices, zoning and business regulation laws, and local actions taken under the constitutional police power; and
WHEREAS, consistent with State actions, City Council, when adopting its comprehensive update to its Zoning Ordinance in 2015, contemplated authorizing two medicinal cannabis retailers within the City to serve local needs; and WHEREAS, on October 24, 2017, the City Council adopted Interim Zoning Ordinance 2557 (CCS) (“IZO 2557”) which established interim zoning regulations to

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Packet Pg. 1447 Attachment: ORD-Cannabis Zoning Amendments 2d (7311 : Cannabis Zoning Ordinance - Second Reading) 3 replace the term “medical marijuana dispensary” with “medicinal cannabis retailer” throughout the Zoning Ordinance; create a definition for “medicinal cannabis retailer” to replace the definition for “medical marijuana dispensary” to conform with State law; remove certain requirements for medicinal cannabis retailers for consistency with State law and to allow for separate and more effective regulatory rulemaking; and modify the definition of “industry, limited” to allow for medicinal cannabis light manufacturing; and WHEREAS, the interim zoning regulations adopted by IZO 2557 prohibited all adult-use commercial cannabis activities, including retail, cultivation, testing, distribution, and manufacturing; and
WHEREAS, since then, the City commenced a prolonged medicinal cannabis retailer selection process and issued two permits for the operation of medicinal cannabis retailers in the City; 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 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; and 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

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Packet Pg. 1448 Attachment: ORD-Cannabis Zoning Amendments 2d (7311 : Cannabis Zoning Ordinance - Second Reading) 4 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; 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, the local, state, and federal COVID-19 emergency declarations have since concluded, but 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
WHEREAS, as the commercial and economic landscape evolves, the City’s economic recovery and competitive advantage will depend on its ability to deliver on a diverse range of unique dining, retail, commercial, and entertainment uses; and

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Packet Pg. 1449 Attachment: ORD-Cannabis Zoning Amendments 2d (7311 : Cannabis Zoning Ordinance - Second Reading) 5 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, on May 10, 2022, City Council requested that the City Manager schedule a study session as soon as practicable regarding whether to allow for the sale of nonmedicinal cannabis in the City of Santa Monica; and WHEREAS, on July 26, 2022, in line with potential economic recovery efforts, the City Council voted to place a cannabis business license tax measure (Measure HMP) on the ballot, imposing a tax on all commercial cannabis activities; and WHEREAS, in the November 2022 election, the voters approved Measure HMP; and
WHEREAS, on June 13, 2023, City Council held a study session where it: (1) considered key policy considerations for allowing adult-use cannabis businesses and other non-retail cannabis business types within the City of Santa Moncia; (2) discussed options for allowing adult-use cannabis sales and associated regulatory restrictions as may be appropriate; and (3) provided direction to staff on bringing back changes to the Municipal Code to allow for adult-use cannabis retail businesses and non-retail cannabis business types within the City; and
WHEREAS, at the June 13, 2023, study session, City Council directed staff to return with an ordinance amendment allowing the previously approved medicinal cannabis retailers to also sell adult-use cannabis while the permanent adult-use cannabis updates are pending; and

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Packet Pg. 1450 Attachment: ORD-Cannabis Zoning Amendments 2d (7311 : Cannabis Zoning Ordinance - Second Reading) 6 WHEREAS, on November 14, 2023, City Council the adopted Interim Zoning Ordinance Number 2764 (CCS) (“IZO 2764”), which: (1) established interim zoning regulations related to terminology, definitions and use standards consistent with those established under IZO 2557 in 2017; and (2) expanded those interim regulations in order to allow the two approved medicinal cannabis retailers to also sell adult-use cannabis; and
WHEREAS, on December 19, 2023, City Council adopted Interim Zoning Ordinance Number 2770 (CCS), which extended IZO 2764 to February 12, 2026, to allow adequate time for staff to further evaluate the results of the land use changes included in the IZO and to develop a permanent adult-use cannabis program; and WHEREAS, on January 19, 2024, Santa Monica was awarded a $40,000 grant from the State to conduct an equity assessment to inform the adult-use cannabis program; and
WHEREAS, on April 23, 2024, City Council had an additional study session to provide direction on cannabis social equity in Santa Monica and locational restrictions for adult-use cannabis; and
WHEREAS, on September 18, 2024, the Planning Commission conducted a study session where it discussed various policy considerations for adult-use cannabis uses; and WHEREAS, on October 16, 2024, in accordance with Santa Monica Municipal Code Section 9.46.030(B), the Planning Commission adopted a Resolution of Intention, Resolution Number 24-016 (PCS), declaring its intention to consider recommending to the City Council that the City Council amend the text of the Zoning Ordinance to consider recommending that the City Council make amendments to the Zoning Ordinance to allow

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Packet Pg. 1451 Attachment: ORD-Cannabis Zoning Amendments 2d (7311 : Cannabis Zoning Ordinance - Second Reading) 7 adult-use cannabis uses, including, but not limited to, retail, cannabis events, and consumption lounges; and
WHEREAS, on January 28, 2025, the City Council adopted Interim Zoning Ordinance Number 2799 (CCS), amending the interim zoning regulations established by IZO 2764 and extended by IZO 2770 to expand the operating hours for the City’s existing cannabis retailers consistent with State law; and
WHEREAS, on June 4, 2025, the Planning Commission conducted a duly noticed public hearing to consider recommending to the City Council that the City Council amend the text of the Zoning Ordinance to allow cannabis retailers to sell adult-use and medicinal cannabis and cannabis products, and, after considering oral and written testimony regarding the proposed amendments to the text of the Zoning Ordinance, adopted Resolution Number 25-011 (PCS), recommending that the City Council amend the text of the Zoning Ordinance based on the following findings:

1. The proposed amendments to the text of the Zoning
Ordinance are consistent with the General Plan and any applicable Specific Plans in that cannabis retailers are an active, pedestrian-oriented use that is appropriate in non-residential zoning districts supporting the goals of the General Plan Land Use and Circulation Element (LUCE) to create complete neighborhoods with amenities that serve residents, workers, and visitors in the area, including Goal N3, to locate services and amenities within walking distance of neighborhoods, and Goal E4, to support the retail sector in order to provide for the needs of local residents and visitors and augment sales tax revenues.

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Packet Pg. 1452 Attachment: ORD-Cannabis Zoning Amendments 2d (7311 : Cannabis Zoning Ordinance - Second Reading) 8 2. The proposed amendments to the text of the Zoning
Ordinance are consistent with the purpose of the Zoning Ordinance to promote the growth of the City in an orderly manner and to promote and protect the public health, safety, and general welfare in that the amendments create the opportunity for cannabis retailers, which are an enhanced retail land use, to operate within the City’s nonresidential districts subject to reasonable location and operating requirements that ensure compatibility with surrounding uses, including maintaining appropriate health and safety measures; and
WHEREAS, on September 9, 2025, the City Council conducted a duly noticed hearing, and, after considering all oral and written testimony, desires to amend the text of the Zoning Ordinance to allow cannabis retailers to sell adult-use and medicinal cannabis and cannabis products as set forth below.

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

SECTION 1. The Santa Monica Municipal Code is hereby amended to read as set forth in Exhibit A. Changes in Exhibit A reflect amendments to the Zoning Ordinance anticipated to become effective October 9, 2025, resulting from City Council action on September 9, 2025. In making this determination, the City Council hereby finds and declares that, for the reasons articulated above, and in the staff report dated September 9, 2025:

1. The proposed amendments to the text of the Zoning Ordinance are consistent with the General Plan and any applicable Specific Plans in that cannabis

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Packet Pg. 1453 Attachment: ORD-Cannabis Zoning Amendments 2d (7311 : Cannabis Zoning Ordinance - Second Reading) 9 retailers are an active, pedestrian-oriented use that is appropriate in nonresidential zoning districts supporting the goals of the General Plan Land Use and Circulation Element (LUCE) to create complete neighborhoods with amenities that serve residents, workers, and visitors in the area, including Goal N3, to locate services and amenities within walking distance of neighborhoods, and Goal E4, to support the retail sector in order to provide for the needs of local residents and visitors and augment sales tax revenues.

2. The proposed amendments to the text of the Zoning Ordinance are consistent with the purpose of the Zoning Ordinance to promote the growth of the City in an orderly manner and to promote and protect the public health, safety, and general welfare in that the amendments create the opportunity for cannabis retailers, which are an enhanced retail land use, to operate within the City’s nonresidential districts subject to reasonable location and operating requirements that ensure compatibility with surrounding uses, including maintaining appropriate health and safety measures.

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

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Packet Pg. 1454 Attachment: ORD-Cannabis Zoning Amendments 2d (7311 : Cannabis Zoning Ordinance - Second Reading) 10 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.

APPROVED AS TO FORM:
____________________

HEIDI VON TONGELN
Interim City Attorney

4.K.a
Packet Pg. 1455 Attachment: ORD-Cannabis Zoning Amendments 2d (7311 : Cannabis Zoning Ordinance - Second Reading) 1 EXHIBIT A

ZONING ORDINANCE AMENDMENTS

4.K.a
Packet Pg. 1456 Attachment: ORD-Cannabis Zoning Amendments 2d (7311 : Cannabis Zoning Ordinance - Second Reading) 2 (Changes reflect amendments anticipated to become effective October 9, 2025, resulting from City Council action on September 9, 2025.) CHAPTER 9.10, Downtown Districts
CHAPTER 9.11, Mixed-Use and Commercial Districts
CHAPTER 9.12, Bergamot Districts
CHAPTER 9.13, Employment Districts
CHAPTER 9.14, Oceanfront District
CHAPTER 9.31, Standards for Specific Uses and Activities CHAPTER 9.51, Use Classifications

4.K.a
Packet Pg. 1457 Attachment: ORD-Cannabis Zoning Amendments 2d (7311 : Cannabis Zoning Ordinance - Second Reading) 3 CHAPTER 9.10 DOWNTOWN DISTRICTS
Section 9.10.040 Land Use Regulations
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.
“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.
“CUP” designates use classifications that are permitted after review and approval of a Conditional Use Permit.
“—” 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 disturbing or 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.

4.K.a
Packet Pg. 1458 Attachment: ORD-Cannabis Zoning Amendments 2d (7311 : Cannabis Zoning Ordinance - Second Reading) 4 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 P P P P P
Section 9.31.025
Accessory
Dwelling Units
and Junior
Accessory
Dwelling Units
Junior Accessory Dwelling
Unit P P P P P P P
Section 9.31.025
Accessory
Dwelling Units
and Junior
Accessory
Dwelling Units
Multiple-Unit Dwelling P P L(1) L(1) P P P
Section 9.31.195,
Multiple-Unit
Dwelling Projects
Senior Citizen MultipleUnit Dwelling P P L(1) L(1) P P P Section 9.31.195,
Multiple-Unit
Dwelling Projects
Housing Types for Specific Needs
Congregate Housing P MUP,
L(3) MUP, L(1) MUP, L(1) MUP MUP MUP
Section 9.31.110,
Congregate
Housing
Elderly and Long-Term Care P L(3) L(1) L(1) L(1) L(1) L(1) Emergency Shelters L(6)/CUP L(6)/
CUP CUP/L(1) L(1), L(6)/CUP
L(6)/C
UP
L(6)/
CUP
L(6)/
CUP
Section 9.31.130,
Emergency
Shelters
Family Day Care See sub-classifications below.

Large L(1) L(3) L(1) L(1) L(1) L(1) L(1)
Section 9.31.140,
Family Day Care,
Large
Small L(1) L(3) L(1) L(1) L(1) L(1) L(1)
Group Residential MUP MUP,
L(3) MUP, L(1) MUP, L(1) MUP MUP MUP Section 9.31.155, Group Residential Senior Group Residential P L(3) P P P P P Section 9.31.155, Group Residential
Low Barrier Navigation
Centers P P P P P P P
Section 9.31.175,
Low Barrier
Navigation
Centers
Residential Facilities See sub-classifications below.

Residential Care, General P L(3) L(1) L(1) P L(1) L(1) Section 9.31.270, Residential Care
Facilities
Residential Care, Limited P P L(1) L(1) P P P
Residential Care, Senior P L(9) L(1) L(1) P L(9) L(9)
Hospice, General P L(3) L(1) L(1) P L(1) L(1) Section 9.31.270, Residential Care
Facilities Hospice, Limited P P L(1) L(1) P P P
Single-Room Occupancy
Housing L(1) L(3) L(1) L(1) L(1) L(1) L(1)
Section 9.31.330,
Single Room
Occupancy
Structures
Supportive Housing P P L(1) L(1) P P P
Transitional Housing P P L(1) L(1) P P P
Public and Semi-Public Uses

4.K.a
Packet Pg. 1459 Attachment: ORD-Cannabis Zoning Amendments 2d (7311 : Cannabis Zoning Ordinance - Second Reading) 5 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
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(15) P CUP L(1) L(7)/
CUP
Section 9.31.100,
Community
Assembly
Community Gardens P P - P P P P
Cultural Facilities P P P P P P P
Hospitals and Clinics P P L(1) L(1) P - P
Community Clinic L(29) L(29) L(29) L(29) L(29) L(29) L(29) 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 L(5)/CUP L(5)/ CUP
L(5)/
CUP
L(5)/
CUP
No more than 10
dogs or cats can
be kept overnight
Pet Day Care Services MUP MUP - MUP MUP MUP MUP
Veterinary Services MUP MUP - MUP MUP - MUP
Automobile/Vehicle Sales and
Service See sub-classifications below.

Alternative Fuels and
Recharging Facilities
CUP/
L(19)
CUP/
L(19) - -
CUP/
L(19) - -
Automobile Rental L(10) L(10) L(10) L(10) L(10) L(10) L(10) Section 9.31.050,
Automobile
Rental
Automobile Storage Use - - - - - - -
Section 9.31.070
Automobile/Vehi
cle Sales,
Leasing, and
Storage
New Automobile/Vehicle
Sales and Leasing
L(8),
L(5)/CUP
L(8),
L(5)/CUP
L(8),
L(5)/CUP
L(8),
L(5)/CUP
L(8),
L(5)/C
UP
- -
Additions 7,500 sq ft or
less to Automobile/
Vehicle Sales and
Leasing buildings
existing as of 7/06/2010
L(20)/
MUP
- - - - - -
Additions larger than
7,500 sq ft to
Automobile/Vehicle Sales
and Leasing buildings
existing as of 7/06/2010
L(20)/
CUP
- - - - - -
Automobile/Vehicle Repair,
Major
L(19) - - - - - - Section 9.31.060,
Automobile/Vehi
cle Repair, Major
and Minor
Automobile/Vehicle Service
and Repair, Minor
L(19) - - - - - -
Automobile/Vehicle
Washing
L(19) - - - - - - Section 9.31.080,
Automobile/Vehi

4.K.a
Packet Pg. 1460 Attachment: ORD-Cannabis Zoning Amendments 2d (7311 : Cannabis Zoning Ordinance - Second Reading) 6 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
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
- - L(4)/
CUP
L(4)/
CUP
L(4)/
CUP
Check Cashing Businesses - - - - - - -
Business Services L(5)/CUP L(5)/CUP L(15) L(5)/CUP L(5)/ CUP
L(5)/
CUP
L(5)/
CUP
Commercial Entertainment and
Recreation See sub-classifications below.

Cinemas & Theaters, up to
99 seats
- CUP P P P - -
Cinemas & Theaters, more
than 99 seats
- - P CUP CUP - -
Convention and Conference
Centers

CUP CUP P CUP CUP CUP CUP
Large-Scale Facility L(21)/
CUP
L(21)/
CUP
L(21)/CU
P
L(21)/ CUP L(21)/
CUP
L(21)/
CUP
-
Small-Scale Facility L(5)/CUP L(5)/CUP L(5)/CUP L(5)/CUP L(5)/C UP
L(5)/
CUP
L(5)/
CUP
Section 9.31.340
Small Scale
Facility
Fortunetelling P P P P P P P
Eating and Drinking
Establishments See sub-classifications below.

Bars/Nightclubs/Lounges CUP CUP CUP CUP CUP CUP(1
0)
- 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)

CUP P P P P P CUP
Food Hall (up to 175 seats) CUP CUP P CUP CUP CUP CUP
Equipment Rental - - - - L(5)/C
UP
- -
Food and Beverage Sales See sub-classifications below.

Convenience Market CUP L(5)/CUP L(5)/CUP L(5)/CUP L(5)/C UP
L(5)/
CUP
- Section 9.31.040,
Alcoholic
Beverage Sales
Farmer’s Market CUP P P P P P P
General Market L(12)/ L(12)/ L(12)/ L(12)/ CUP L(12)/ L(12)/ L(12) Section 9.31.040,

4.K.a
Packet Pg. 1461 Attachment: ORD-Cannabis Zoning Amendments 2d (7311 : Cannabis Zoning Ordinance - Second Reading) 7 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
CUP CUP CUP CUP CUP / CUP Alcoholic
Liquor Stores CUP CUP CUP CUP CUP CUP Beverage Sales -
Funeral Parlors and Mortuaries CUP - - - - - -
Instructional Services L(5)/CUP L(3),
L(5)/CUP
L(1),
L(5)/CUP
L(5)/CUP L(5)/C
UP
L(1),
L(5)/
CUP
L(1),
L(5)/
CUP
Live-Work L(13) L(3)(13) L(1)(13) L(13) L(13) L(1)(1
3)
L(13) Section 9.31.170,
Live-Work Units
Lodging See sub-classifications below.

Bed and Breakfast MUP MUP MUP MUP MUP MUP MUP Section 9.31.090, Bed and
Breakfasts
Hotels and Motels CUP CUP CUP CUP CUP CUP CUP,
L(19)
Maintenance and Repair
Services
L(5)/CUP - - - - - -
Nurseries and Garden Centers L(5)/CUP L(5)/CUP - L(5)/CUP L(5)/C UP
- L(5)/
CUP
Section 9.31.220,
Outdoor Retail
Display and Sales
Offices See sub-classifications below.

Business and Professional L(14)/
CUP
L(3),
L(5)/CUP
L(1) L(1) L(3),
L(5)/C
UP
L(1) L(1)
Creative L(14)/
CUP
L(3),
L(5)/CUP
L(1) L(1) L(3),
L(5)/C
UP
L(1) L(1)
Medical and Dental L(14)/
CUP
L(3),
L(5)/CUP
P L(1) L(3),
L(5)/C
UP
L(1) L(1)
Walk-In Clientele L(14)/
CUP
L(3),
L(5)/CUP
L(1) L(5)/CUP L(3),
L(5)/C
UP
L(5)/
CUP
L(5)/
CUP
Outdoor Newsstands MUP MUP MUP MUP 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 L(5)/CUP L(5)/C UP
- L(5)/
CUP
Section 9.31.230,
Personal Service
Physical Training L(17),
L(5)/CUP
L(17),
L(5)/CUP
L(17),
L(21)/CU
P
L(17),
L(5)/CUP
L(17),
L(5)/C
UP
L(17),
L(5)/
CUP
L(17),
L(5)/
CUP
Tattoo or Body Modification
Parlor
P P P P P P P Section 9.31.230,
Personal Service
Retail Sales See sub-classifications below.

Building Materials Sales
and Services

P - - - - - -
Section 9.31.220,
Outdoor Retail
Display and Sales
General Retail Sales, SmallScaleL(5)/CUP L(5)/CUP P L(5)/CUP L(5)/ CUP
L(5)/
CUP
L(5)/
CUP
General Retail Sales,
Medium-Scale

CUP CUP P CUP CUP - CUP
General Retail Sales, LargeScale- - - - - - -
Cannabis Retailers P P P P P P P Section 9.31.095
Cannabis

4.K.a
Packet Pg. 1462 Attachment: ORD-Cannabis Zoning Amendments 2d (7311 : Cannabis Zoning Ordinance - Second Reading) 8 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
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.

Support Facilities L(14)/
CUP
L(3),
L(5)/CUP
L(1) L(1) L(3),
L(5)/C
UP
L(1) L(1)
Transportation, Communication, and Utilities Uses
Bus/Rail Passenger Stations P P P P P - P
City Bike Share Facility P P P P P P P
Communication Facilities See sub-classifications below.

Antennas and Transmission
Towers
- - - - - - -
Equipment within Buildings - - - - - - -
Light Fleet-Based Services - - - - MUP - -
Utilities, Major L(18) - - - - - -
Utilities, Minor P P P P P P P
Specific Limitations:
(1) Limited to upper floors, and on the ground floor where the entire tenant space shall be located at least 25 feet from the front property line, except for residential units shall be limited to upper floors only. (2) A minimum depth of 25 feet from the front parcel line adjacent to a street for the entire ground-floor street frontage shall be designed to accommodate interactive uses. For purposes of this limitation, interactive uses shall be commercial uses with an interactive element, including, but not limited to, retail sales, exhibitions, displays, demonstrations, or instruction. (3) Between 4th and 7th Court, permitted in mid-block parcels on the ground floor and upper floors. On all other parcels, permitted anywhere on the ground floor if the space has street frontage and was occupied by office on, or is vacant but was occupied by office in the 12 months preceding, the date this Ordinance is effective; otherwise, permitted on upper floors and on the ground floor where the entire tenant space including the primary entry is located at least 50 feet from the front property line.
(4) Permitted except no ground floor tenant space shall exceed 20 linear feet of ground floor street frontage without a Conditional Use Permit.
(5) Permitted if within buildings existing as of the date the ordinance codified in this Chapter is effective. Permitted in new buildings, except:
(a) No individual ground floor tenant space shall occupy more than 7,500 square feet of floor area and/or exceed 50 linear feet of ground floor street frontage without a Conditional Use Permit. (b) Ground floor tenant spaces in the Santa Monica Place are not subject to size limitations. (6) Limited to shelters containing less than 55 beds; Conditional Use Permit required for emergency shelters with 55 or more beds.
(7) Any community assembly facility abutting a residential district shall require approval of a Conditional Use Permit. (8) Limited to automobile/vehicle dealer showrooms only which must display one alternative fuel automobile/vehicle if such an automobile/vehicle is available in the dealer’s fleet, and limited to six showrooms in the Third Street Promenade Area. (9) Facilities for 6 or fewer residents are permitted by right. Facilities for more than 6 residents shall be subject to L(1) if located in the OT and WT zoning districts and L(3) if located in the NV zoning district. (10) Permitted as an ancillary use to support a primary use. (11) Limited to public parking facilities only.
(12) General markets greater than 15,000 square feet require approval of a Conditional Use Permit, except general markets in the Mixed-Use Boulevard district greater than 25,000 square feet require approval of a Conditional Use Permit. (13) If the commercial use requires a MUP or CUP, an application shall be required in accordance with SMMC, Chapter 9.41.

Even if the commercial use would otherwise be permitted, no such use shall be approved where, given the design or

4.K.a
Packet Pg. 1463 Attachment: ORD-Cannabis Zoning Amendments 2d (7311 : Cannabis Zoning Ordinance - Second Reading) 9 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
proposed design of the live-work 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. (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) 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) Reserved.
(23) Excludes commercial laundries and dry cleaning plants, monument works, medicinal cannabis, and medicinal cannabis products.
(24) Reserved
(25) Reserved
(26) Reserved
(27) Reserved
(28) Reserved
(29) Permitted if all objective planning standards set forth in Government Code Section 65914.900 are met.

4.K.a
Packet Pg. 1464 Attachment: ORD-Cannabis Zoning Amendments 2d (7311 : Cannabis Zoning Ordinance - Second Reading) 10 CHAPTER 9.11 MIXED-USE AND COMMERCIAL DISTRICTS

9.11.020 Land Use Regulations
Table 9.11.020 prescribes the land use regulations for Mixed-Use and Commercial 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.
“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.
“CUP” designates use classifications that are permitted after review and approval of a Conditional Use Permit.
“—” 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 disturbing or 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.

4.K.a
Packet Pg. 1465 Attachment: ORD-Cannabis Zoning Amendments 2d (7311 : Cannabis Zoning Ordinance - Second Reading) 11 TABLE 9.11.020: LAND USE REGULATIONS MIXED-USE AND COMMERCIAL DISTRICTS Use Classification MUBL MUB GC NC Additional Regulations Residential Uses
Residential Dwelling Types
Accessory Dwelling Unit P P P P
Section 9.31.025, Accessory
Dwelling Units and Junior
Accessory Dwelling Units
Junior Accessory Dwelling Unit P P P P
Section 9.31.025, Accessory
Dwelling Units and Junior
Accessory Dwelling Units
Multiple-Unit Dwelling P P P L(1) Section 9.31.195, Multiple-Unit Dwelling Projects
Senior Citizen Multiple-Unit Dwelling P P P L(1) Section 9.31.195, Multiple-Unit Dwelling Projects
Housing Types for Specific Uses
Congregate Housing P P P P Section 9.31.110, Congregate Housing
Elderly and Long-Term Care P P P –
Emergency Shelters L(3)/CUP L(3)/CUP L(3)/CUP L(3)/CUP Section 9.31.130, Emergency Shelters
Family Day Care See sub-classifications below.

Large P P P P Section 9.31.140, Family Day
Care, Large
Small P P P P
Group Residential MUP MUP MUP MUP Section 9.31.155, Group Residential
Senior Group Residential P P P P Section 9.31.155, Group Residential
Low Barrier Navigation Centers P P P P Section 9.31.175, Low Barrier Navigation Centers
Residential Facilities See sub-classifications below.

Residential Care, General P P P P Section 9.31.270, Residential Care Facilities
Residential Care, Limited P P P P Section 9.31.270, Residential Care Facilities
Residential Care, Senior P P P P Section 9.31.270, Residential Care Facilities
Hospice, General P P P P Section 9.31.270, Residential
Care Facilities
Hospice, Limited P P P P Section 9.31.270, Residential
Care Facilities
Single-Room Occupancy Housing P P P P Section 9.31.330, Single Room Occupancy Structures
Supportive Housing P P P P
Transitional Housing P P P P
Public and Semi-Public Uses
Adult Day Care P P P L(2)/CUP
Child Care and Early Education Facilities P P P L(2)/CUP Section 9.31.120, Child Care and Early Education Facilities
Colleges and Trade Schools, Public or Private CUP CUP P CUP Community Assembly L(18)/CUP L(18)/CUP L(18)/CUP L(18)/CUP Section 9.31.100, Community Assembly
Community Gardens P P P P
Cultural Facilities P P P L(2)/CUP
Hospitals and Clinics – P CUP –

4.K.a
Packet Pg. 1466 Attachment: ORD-Cannabis Zoning Amendments 2d (7311 : Cannabis Zoning Ordinance - Second Reading) 12 TABLE 9.11.020: LAND USE REGULATIONS MIXED-USE AND COMMERCIAL DISTRICTS Use Classification MUBL MUB GC NC Additional Regulations Community Clinic L(22) L(22) L(22) L(22)
Park and Recreation Facilities, Public P P P P
Public Safety Facilities P P P CUP
Schools, Public or Private P CUP CUP P
Social Service Centers 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(19)/CUP L(19)/CUP L(19)/CUP L(2)/CUP No more than 10 dogs or cats may be kept overnight
Pet Day Care Services MUP MUP MUP MUP
Veterinary Services MUP MUP MUP MUP
Automobile/Vehicle Sales and Service See sub-classifications below.

Alternative Fuels and Recharging
Facilities CUP CUP CUP CUP
Automobile Rental CUP MUP MUP – Section 9.31.050, Automobile Rental
Automobile Storage Use L(4)/CUP – – –
Section 9.31.070,
Automobile/Vehicle Sales,
Leasing, and Storage
New Automobile/Vehicle Sales and Leasing – – CUP(6) –
Section 9.31.070,
Automobile/Vehicle Sales,
Leasing, and Storage
Additions 7,500 square feet or less to
Automobile/Vehicle Sales and Leasing
buildings existing as of 07/06/2010
L(5)/MUP L(5)/MUP L(5)/MUP –
Section 9.31.070,
Automobile/Vehicle Sales,
Leasing, and Storage
Additions larger than 7,500 square feet to
Automobile/
Vehicle Sales and Leasing buildings
existing as of 07/06/2010
CUP (5) CUP (5) CUP (5) –
Section 9.31.070,
Automobile/Vehicle Sales,
Leasing, and Storage
Automobile/Vehicle Repair, Major – – CUP –
Section 9.31.060,
Automobile/Vehicle Repair,
Major and Minor
Automobile/Vehicle Service and Repair,
Minor CUP – CUP –
Section 9.31.060,
Automobile/Vehicle Repair,
Major and Minor
Automobile/Vehicle Washing – – CUP – Section 9.31.080,
Automobile/Vehicle Washing
Service Station CUP CUP MUP – Section 9.31.320, Service Stations Towing and Impound – – CUP –
Banks and Financial Institutions See sub-classifications below.

Banks and Credit Unions L(2)/CUP L(2)/CUP L(2)/CUP L(2)/CUP Check Cashing Businesses – – – –
Business Services L(19)/CUP L(19)/CUP L(19)/CUP L(2)/CUP Commercial Entertainment and Recreation See sub-classifications below.

Cinemas L(7) – – L(7)
Theaters L(8)/CUP L(8)/CUP L(8)/CUP L(8)/CUP
Convention and Conference Centers – CUP CUP –
Large-Scale Facility CUP CUP CUP -
Small-Scale Facility L(9)/CUP L(9)/CUP L(9)/CUP CUP (16) Section 9.31.340, Small-Scale Facility, Game Arcades
Fortunetelling P P P P
Eating and Drinking Establishments See sub-classifications below.

4.K.a
Packet Pg. 1467 Attachment: ORD-Cannabis Zoning Amendments 2d (7311 : Cannabis Zoning Ordinance - Second Reading) 13 TABLE 9.11.020: LAND USE REGULATIONS MIXED-USE AND COMMERCIAL DISTRICTS Use Classification MUBL MUB GC NC Additional Regulations Bars/Nightclubs/Lounges CUP CUP CUP - Section 9.31.040, Alcoholic Beverage Sales
Restaurants, Full-Service, Limited Service
& Take-Out (2,500 square feet and smaller,
including Outdoor Dining and Seating)

P P P P
Section 9.31.040, Alcoholic
Beverage Sales
Section 9.31.280, Restaurants,
Limited Service and Take-Out
Only
Section 9.31.290, Restaurants
With Entertainment
Section 9.31.200, Outdoor Dining
and Seating
Restaurants, Full-Service, Limited Service
& Take-Out (greater than 5,000 square
feet, including Outdoor Dining and
Seating)
CUP CUP CUP CUP (10)(11)
Section 9.31.040, Alcoholic
Beverage Sales
Section 9.31.280, Restaurants,
Limited Service and Take-Out
Only
Section 9.31.290, Restaurants
With Entertainment
Section 9.31.200, Outdoor Dining
and Seating
Food Hall (up to 175 seats) CUP CUP CUP CUP
Equipment Rental – L(19)/CUP L(19)/CUP –
Food and Beverage Sales See sub-classifications below.

Convenience Market CUP CUP CUP CUP Section 9.31.040, Alcoholic Beverage Sales
Farmers Markets CUP CUP CUP CUP
General Market L(12)/CUP L(12)/CUP L(12)/CUP L(12)/CUP Section 9.31.040, Alcoholic Beverage Sales
Liquor Stores CUP CUP CUP CUP Section 9.31.040, Alcoholic Beverage Sales
Funeral Parlors and Mortuaries – CUP CUP –
Instructional Services L(19)/CUP L(19)/CUP L(19)/CUP L(17)/CUP Live-Work L(14) L(14) L(14) L(14) Section 9.31.170, Live-Work Lodging See sub-classifications below.

Bed and Breakfast MUP MUP MUP MUP Section 9.31.090, Bed and Breakfasts
Hotels and Motels CUP CUP CUP –
Maintenance and Repair Services L(19)/CUP L(19)/CUP L(19)/CUP L(2)/CUP Nurseries and Garden Centers L(19)/CUP L(19)/CUP L(19)/CUP L(17)/CUP Section 9.31.220, Outdoor Retail Display and Sales
Offices See sub-classifications below.

Business and Professional L(21)/CUP L(21)/CUP L(21)/CUP L(21)/CUP Creative L(21)/CUP L(21)/CUP L(21)/CUP L(21)/CUP
Medical and Dental L(21)/CUP L(21)/CUP L(21)/CUP L(21)/CUP Walk-In Clientele L(21)/CUP L(21)/CUP L(21)/CUP L(21)/CUP Outdoor Newsstands MUP MUP MUP MUP Section 9.31.210, Outdoor

4.K.a
Packet Pg. 1468 Attachment: ORD-Cannabis Zoning Amendments 2d (7311 : Cannabis Zoning Ordinance - Second Reading) 14 TABLE 9.11.020: LAND USE REGULATIONS MIXED-USE AND COMMERCIAL DISTRICTS Use Classification MUBL MUB GC NC Additional Regulations Newsstands
Parking, Public or Private CUP CUP CUP CUP
Personal Services See sub-classifications below.

General Personal Services L(19)/CUP L(19)/CUP L(19)/CUP L(2)/CUP Section 9.31.230, Personal Service
Personal Services, Physical Training L(19)(20) L(19)(20) L(19)(20) L(2)(20)/CUP Tattoo or Body Modification Parlor P P P P Section 9.31.230, Personal Service
Retail Sales See sub-classifications below.

Building Materials Sales and Services – – CUP – Section 9.31.220, Outdoor Retail Display and Sales
General Retail Sales, Small-Scale L(19)/CUP L(19)/CUP L(19)/CUP L(2)/CUP Section 9.31.220, Outdoor Retail Display and Sales
General Retail Sales, Medium-Scale CUP CUP L(19)/CUP – Section 9.31.220, Outdoor Retail Display and Sales
General Retail Sales, Large-Scale – – CUP – Section 9.31.220, Outdoor Retail Display and Sales
Cannabis Retailers P P P P
Section 9.31.095 Cannabis
Retailers
Pawn Shops – – – –
Swap Meets – – CUP – Section 9.31.360, Swap Meets
Industrial Uses
Artist’s Studio P P P P
Commercial Kitchens – – CUP –
Media Production See sub-classifications below.

Support Facilities L(21)/CUP L(21)/CUP L(21)/CUP L(21)/CUP Transportation, Communication, and Utilities Uses
Bus/Rail Passenger Stations P P P P
City Bikeshare Facility P P P P
Communication Facilities See sub-classifications below.

Antennas and Transmission Towers – – CUP – Chapter 9.32, Personal Wireless Service Facilities
Equipment within Buildings – – P –
Light Fleet-Based Services – – CUP –
Utilities, Major – L(13) L(13) –
Utilities, Minor P P P P
Specific Limitations:
(1) Limited to the upper floors and areas not subject to the Active Use Requirement set forth in Section 9.11.030(A) for parcels located on Main Street, Montana Avenue, Pico Boulevard, and Ocean Park Boulevard. Permitted on all floors for all other parcels.
(2) Limitation shall only apply to new construction and alterations to existing buildings that result in a combination or enlargement of tenant spaces: Limited to facilities with no more than 7,500 square feet of floor area and/or 40 linear feet of ground floor street frontage; greater area and/or width requires approval of a Conditional Use Permit. (3) Limited to shelters containing less than 55 beds; Conditional Use Permit required for emergency shelters with 55 or more beds.
(4) Limited to automobile storage use associated with existing automobile dealerships selling new vehicles; otherwise, requires Conditional Use Permit.
(5) 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 that do not conform to the Urban Auto Dealership Format standards shall require a MUP or CUP.
(6) New auto dealerships may be allowed, subject to approval of a Conditional Use Permit, only on sites with frontage on Santa Monica Boulevard between Lincoln Boulevard and 20th Street on Lincoln Boulevard between Interstate 10 and Santa Monica Boulevard. In other locations, new automobile dealerships are not permitted.

4.K.a
Packet Pg. 1469 Attachment: ORD-Cannabis Zoning Amendments 2d (7311 : Cannabis Zoning Ordinance - Second Reading) 15 TABLE 9.11.020: LAND USE REGULATIONS MIXED-USE AND COMMERCIAL DISTRICTS Use Classification MUBL MUB GC NC Additional Regulations (7) Limited to existing cinema buildings. New cinemas are not permitted. (8) Limited to theaters with 75 or fewer seats. Theaters with more than 75 seats require Conditional Use Permit. (9) Limited to exercise facilities (e.g., yoga, Pilates, martial arts, and dance studios) and arts instruction facilities. Other small-scale commercial recreation uses require approval of a Conditional Use Permit. (10) Limited to restaurants with 50 or fewer seats.
(11) Limited to 2 restaurants greater than 5,000 square feet per block along Main Street. A block is defined as both sides of Main Street and the adjacent sides of adjoining side streets. Portions of Main Street to be designated a “block” for the purpose of this Section are as follows:

Block 1: South City limits to Marine Street.

Block 2: Marine Street to Pier Avenue.

Block 3: Pier Avenue to Ashland Avenue.

Block 4: Ashland Avenue to Hill.

Block 5: Hill to Ocean Park Boulevard.

Block 6: Ocean Park Boulevard to Hollister Avenue (total of four restaurants and bars permitted in this block).

Block 7: Hollister Avenue to Strand.

Block 8: Strand to Pacific.

Block 9: Pacific to Bicknell.

Block 10: Bicknell to Bay.

Block 11: Bay to Pico Boulevard.
(12) General markets greater than 15,000 square feet require a Conditional Use Permit. In the Neighborhood Commercial District, establishments shall not exceed 25,000 square feet of floor area. (13) Limited to electric distribution substations.
(14) If the commercial use requires a MUP or CUP, an application shall be required in accordance with 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 live-work 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 uses that generate airborne particulates in a unit with an unenclosed kitchen.
(15) Medical marijuana dispensaries are limited to the following locations:
 MUB District along Wilshire Boulevard between Lincoln Boulevard and Centinela Avenue;  GC District along Santa Monica Boulevard between Lincoln Boulevard and 20th Street; and  MUBL District along Santa Monica Boulevard between 23rd Street and Centinela Avenue. (16) Limited to facilities of no more than 3,000 square feet of floor area. (17) Limitation shall only apply to new construction and alterations to existing buildings that result in a combination or enlargement of tenant spaces: No individual tenant space in the NC District shall occupy more than 7,500 square feet of floor area and/or exceed 50 linear feet of ground floor street frontage without the approval of a Conditional Use Permit. (18) Any community assembly facility abutting a residential district shall require a Conditional Use Permit. (19) Limitation shall only apply to new construction and alterations to existing buildings that result in a combination or enlargement of tenant spaces: No individual tenant space in the MUBL, MUB, and GC Districts shall occupy more than 12,500 square feet of floor area and/or exceed 75 linear feet of ground floor street frontage without the approval of a Conditional Use Permit.
(20) Youth-serving personal services, physical training requires review and approval of a passenger loading and drop-off plan by the Director.
(21) Permitted if within buildings existing as of July 24, 2015, subject to the active use requirement set forth in Section

9.11.030(A)(1), except:
 All new construction, including new additions of 50% or more additional square footage to an existing building at any one time, or incrementally, after the effective date of this Ordinance, requires approval of a Conditional Use Permit.  In the NC District, ground floor, street-fronting, tenant space occupied by non-media production, support facility uses shall not be changed to an individual office use or media production, support facility use occupying more than 12,500 square feet of floor area and/or exceeding 75 linear feet of street frontage without the approval of a Conditional Use Permit.  In the NC District, no non-medical or non-dental office use tenant space shall be changed to an individual medical or dental office use anywhere in an existing building occupying more than 7,500 square feet of floor area and/or exceeding 50 linear feet of ground floor street frontage without the approval of a Conditional Use Permit.  In the MUBL, MUB, and GC Districts, no non-medical or non-dental office use tenant space shall be changed to an individual medical or dental office use anywhere in an existing building occupying more than 12,500 square feet of floor area and/or exceeding 75 linear feet of ground floor street frontage without approval of a Conditional Use Permit. (22) Permitted if all objective planning standards set forth in Government Code Section 65914.900 are met.

4.K.a
Packet Pg. 1470 Attachment: ORD-Cannabis Zoning Amendments 2d (7311 : Cannabis Zoning Ordinance - Second Reading) 16 9.11.030 Development Standards
Table 9.11.030.A, Development Standards for All Projects, Except Housing Projects, prescribes the development standards for all projects, except housing projects, as defined by Section 9.52.020.1125, in Mixed-Use and Commercial Districts. Additional regulations are denoted with Section numbers in the right-hand column or with individual letters in parentheses. Section numbers refer to other Sections of this Article, while individual letters in parentheses refer to subsections that directly follow the table.

TABLE 9.11.030.A: DEVELOPMENT STANDARDS FOR ALL PROJECTS, EXCEPT HOUSING PROJECTS — MIXEDUSE AND COMMERCIAL DISTRICTS Standard MUBL MUB
GC
(Santa
Monica
Blvd)
GC
(Lincoln &
Pico
Blvds)
NC NC
(Main St)
NC
(Ocean
Park Blvd
&
Montana
Ave)
Additional
Regulations
Parcel and Intensity Standards
Minimum Parcel Size (sq.
ft.) 7,500 7,500 7,500 7,500 5,000 5,000 5,000
See (F),
Consolidation of
Parcels
Minimum Parcel Width (ft.) 50 50 50 50 50 50 50
Minimum Parcel Depth (ft.) 150 150 150 150 100 100 100
Maximum FAR
Section 9.04.090,
Determining Floor
Area Ratio in
Non-Residential
Zoning Districts
Tier 1 — Base Standard 1.25 1.25 1.0 1.25 1.25 0.75 0.75 Tier 1 — Projects
Including On-Site
Affordable Housing in
Compliance with AHPP

1.5 1.5 1.25 1.5 1.5 1.0 1.0
Chapter 9.64,
Affordable Housing
Production Program
Tier 2 — With Provision
of Community Benefits 1.75 2.25 1.5

1.75 (2.0 if
on-site
affordable
housing
provided)
NA NA NA Chapter 9.23,
Community Benefits
Building Form and Location
Maximum Building Height (stories/ft.) Section 9.04.050, Measuring Height
Tier 1 — Base Standard 2/32′ 2/32′ 2/32′ 2/32′ 2/32′ 2/27′ 2/32′ Tier 1 — Projects
Including On-Site
Affordable Housing in
Compliance with AHPP
3/36′
3/39′ if
100%
residential
above
ground
floor, 3/35′
for all
other
projects
NA 3/36′ 2/32′ 2/27′ 2/32′
Chapter 9.64,
Affordable Housing
Production Program

4.K.a
Packet Pg. 1471 Attachment: ORD-Cannabis Zoning Amendments 2d (7311 : Cannabis Zoning Ordinance - Second Reading) 17 TABLE 9.11.030.A: DEVELOPMENT STANDARDS FOR ALL PROJECTS, EXCEPT HOUSING PROJECTS — MIXEDUSE AND COMMERCIAL DISTRICTS Standard MUBL MUB
GC
(Santa
Monica
Blvd)
GC
(Lincoln &
Pico
Blvds)
NC NC
(Main St)
NC
(Ocean
Park Blvd
&
Montana
Ave)
Additional
Regulations
Tier 2 —With Provision of
Community Benefits 3/36′ 3/45′ 2/35′
3/32′
(3/36′ if
on-site
affordable
housing
provided)
NA NA NA Chapter 9.23,
Community Benefits
Tier 2 —
With Provision of
Community Benefits and
100% Residential Above
the Ground Floor
No limit to
stories/36′
No limit to
stories/50′
No limit to
stories/35′
No limit to
stories/32′
(36′ if onsite
affordable
housing
provided)
NA NA NA Chapter 9.23,
Community Benefits
Minimum Ground Floor
Height (ft.) 11′ 11′ 11′ 11′ 11′ 11′ 11′
Maximum Building Footprint (sq. ft.)
Tier 1 25,000 25,000 25,000 15,000 10,000 10,000 10,000 Tier 2 — With Provision
of Community Benefits 35,000 35,000 35,000 20,000 15,000 15,000 15,000 Chapter 9.23, Community Benefits Minimum Setbacks (ft.)
Interior Side and Rear—
Adjacent to Residential
District
10 10 10 10 10 10
See (E) 10
Section 9.21.110,
Projections from
Buildings into
Minimum Setbacks
and Daylight Plane
Parking See Sections 9.28.070, Location of Parking and 9.28.120, Parking Design and Development Standards Active Commercial Design See (A) See (A) See (A) See (A) See (A) See (A) See (A) Pedestrian Oriented Design See (B) See (B) See (B) See (B) See (B) See (B) See (B) Build-To Line,
Nonresidential Uses See (C) See (C) See (C) See (C) See (C) See (C) See (C) Minimum Upper-Story Stepbacks (ft.)—Required Above the Ground Floor Street-Facing Façades 5′ average 5′ average 5′ average 5′ average 5′ average
5′ average 5′ average
Daylight Plane Adjacent to
Residential District—Interior
Side and Rear
See (D) See (D) See (D) See (D) See (D) See (D) See (D) Section 9.21.060, Height Projections
Standards for Residential Uses
Minimum Outdoor Living
Area (sq. ft./unit)—Sites
with 3 or More Units
(including private and
common)
100 100 100 100 100 100 100 Section 9.21.090,
Outdoor Living Area
Minimum Amount
Provided as Private
Outdoor Living Area (sq.
ft./unit)
60 60 60 60 60 60 60 Section 9.21.090,
Outdoor Living Area
Additional Standards
Accessory Dwelling Units Section 9.31.025, Accessory Dwelling Units and Junior Accessory Dwelling Units Accessory Food Service Section 9.31.030, Accessory Food Service Accessory Structures Section 9.21.020, Accessory Buildings and Structures Affordable Housing
Production Program Chapter 9.64, Affordable Housing Production Program

4.K.a
Packet Pg. 1472 Attachment: ORD-Cannabis Zoning Amendments 2d (7311 : Cannabis Zoning Ordinance - Second Reading) 18 TABLE 9.11.030.A: DEVELOPMENT STANDARDS FOR ALL PROJECTS, EXCEPT HOUSING PROJECTS — MIXEDUSE AND COMMERCIAL DISTRICTS Standard MUBL MUB
GC
(Santa
Monica
Blvd)
GC
(Lincoln &
Pico
Blvds)
NC NC
(Main St)
NC
(Ocean
Park Blvd
&
Montana
Ave)
Additional
Regulations
Automobile/ Vehicle Sales,
Leasing, and Storage Section 9.31.070, Automobile/Vehicle Sales, Leasing, and Storage Density Bonus Chapter 9.22, Density Bonus
Fences and Walls Section 9.21.050, Fences, Walls, and Hedges Home Occupation Section 9.31.160, Home Occupation
Junior Accessory Dwelling
Units Section 9.31.025, Accessory Dwelling Units and Junior Accessory Dwelling Units Landscaping and Street
Trees Subsection 9.11.030(F), Chapter 9.26, Landscaping Lighting Section 9.21.080, Lighting
Multiple-Unit Dwelling
Projects Section 9.31.195, Multiple-Unit Dwelling Projects Multiple-Unit Dwelling
Projects Located on
Community Assembly
Surface Parking Lots
Section 9.31.196, Multiple-Unit Dwelling Projects Located on Community Assembly Surface Parking Lots
Off-Street Parking and
Loading Chapter 9.28, Parking, Loading, and Circulation Projections into Height
Limits
Section 9.21.060, Height Projections
Projections into Required
Setbacks Section 9.21.110, Projections from Buildings into Minimum Setbacks and Daylight Plane Refuse and Recycling
Screening and Enclosure Section 9.21.130, Resource Recovery and Recycling Standards Signs Chapter 9.61, Signs
Screening Section 9.21.140, Screening
Solar Energy Systems Section 9.21.150, Solar Energy Systems Table 9.11.030.B, Development Standards For Housing Projects, prescribes the development standards for housing projects, as defined by Section 9.52.020.1125, in Mixed-Use and Commercial Districts. Additional regulations are denoted with Section numbers in the right-hand column or with individual letters in parentheses. Section numbers refer to other Sections of this Article, while individual letters in parentheses refer to subsections that directly follow the table.

4.K.a
Packet Pg. 1473 Attachment: ORD-Cannabis Zoning Amendments 2d (7311 : Cannabis Zoning Ordinance - Second Reading) 19 TABLE 9.11.030.B: DEVELOPMENT STANDARDS FOR HOUSING PROJECTS — MIXED- USE AND COMMERCIAL DISTRICTS Standard
MUBL
(N. of
I-10)
MUBL
(Pico
Blvd)
MUBL
(Lincoln Blvd
& Main St)
MUB
GC
(Santa
Monica
Blvd)
GC
(Lincoln
Blvd)
GC
(Pico
Blvd)
NC
NC
(Main St, Ocean
Park Blvd, &
Montana Ave)
Additional
Regulations
Parcel and Intensity Standards
Minimum Parcel
Size (sq. ft.) 7,500 7,500 7,500 7,500 7,500 7,500 7,500 5,000 5,000 See (F), Consolidation of Parcels Minimum Parcel
Width (ft.) 50 50 50 50 50 50 50 50 50
Minimum Parcel
Depth (ft.) 150 150 150 150 150 150 150 100 100
Maximum FAR
Section 9.04.090,
Determining Floor
Area Ratio in NonResidential Zoning
Districts
Housing
Projects 3.25

2.0 (2.5 west
of
Lincoln
Blvd)

2.5 3.25 3.25 2.5 2.0 2.25 2.5
100%
Affordable
Housing
Projects

3.75 2.5
(3.0 west
of
Lincoln
Blvd)

3.0 3.75 3.75 3.0 2.5 2.75 3.0
Building Form and Location
Maximum Building Height (ft.) Section 9.04.050,
Measuring Height
Housing
Projects 70’
45’
(55’
west of
Lincoln
Blvd)
55’ 70’ 70’ 55’ 45’ 50’ 55’
100%
Affordable
Housing
Projects
80’
55’
(65’
west of
Lincoln
Blvd)
65’ 80’ 80’ 65’ 55’ 60’ 65’
Minimum
Ground Floor
Height (ft.)
11’ 11’ 11’ 11’ 11’ 11’ 11’ 11’ 11’
Maximum Building Footprint (sq. ft.)
Housing
Projects 35,000 35,000 35,000 35,000 35,000 20,000 20,000 15,000 15,000 Minimum Setbacks (ft.)
Interior Side
and Rear —
Adjacent to
Residential
District
10 10 10 10 10 10 10 10 10
See (E)
Section 9.21.110,
Projections from
Buildings into
Minimum Setbacks and
Daylight Plane
Active
Commercial
Design
See (A) See (A) See (A) See (A) See (A) See (A) See (A) See (A) See (A) Pedestrian
Oriented Design See (B) See (B) See (B) See (B) See (B) See (B) See (B) See (B) See (B) Build-To Line,
Nonresidential
Uses
See (C) See (C) See (C) See (C) See (C) See (C) See (C) See (C) See (C)

4.K.a
Packet Pg. 1474 Attachment: ORD-Cannabis Zoning Amendments 2d (7311 : Cannabis Zoning Ordinance - Second Reading) 20 TABLE 9.11.030.B: DEVELOPMENT STANDARDS FOR HOUSING PROJECTS — MIXED- USE AND COMMERCIAL DISTRICTS Standard
MUBL
(N. of
I-10)
MUBL
(Pico
Blvd)
MUBL
(Lincoln Blvd
& Main St)
MUB
GC
(Santa
Monica
Blvd)
GC
(Lincoln
Blvd)
GC
(Pico
Blvd)
NC
NC
(Main St, Ocean
Park Blvd, &
Montana Ave)
Additional
Regulations
Minimum Upper-Story Stepbacks (ft.)—Required Above the Ground Floor Street-Facing
Façades 5′ average 5′ average
5′ average 5′ average 5′ average 5′
average
5’
average
5′
average
5′ average
Daylight Plane
Adjacent to
Residential
District—Interior
Side and Rear
See (D) See (D) See (D) See (D) See (D) See (D) See (D) See (D) See (D) Section 9.21.060, Height Projections
Standards for Residential Uses
Minimum
Outdoor Living
Area (sq.
ft./unit)—Sites
with 3 or More
Units (including
private and
common)
100 100 100 100 100 100 100 100 100 Section 9.21.090,
Outdoor Living Area
Minimum
Amount
Provided as
Private
Outdoor
Living Area
(sq. ft./unit)
60 60 60 60 60 60 60 60 60 Section 9.21.090,
Outdoor Living Area
Additional Standards
Accessory Dwelling Units Section 9.31.025, Accessory Dwelling Units and Junior Accessory Dwelling Units Accessory Food Service Section 9.31.030, Accessory Food Service Accessory Structures Section 9.21.020, Accessory Buildings and Structures Affordable Housing Production Program Chapter 9.64, Affordable Housing Production Program Automobile/ Vehicle Sales, Leasing, and
Storage Section 9.31.070, Automobile/Vehicle Sales, Leasing, and Storage Density Bonus Chapter 9.22, Density Bonus
Fences, Walls, and Hedges Section 9.21.050, Fences, Walls, and Hedges Home Occupation Section 9.31.160, Home Occupation
Junior Accessory Dwelling Units Section 9.31.025, Accessory Dwelling Units and Junior Accessory Dwelling Units Landscaping and Street Trees Subsection 9.11.030(F), Chapter 9.26, Landscaping Lighting Section 9.21.080, Lighting
Multiple-Unit Dwelling Projects Section 9.31.195, Multiple-Unit Dwelling Projects Multiple-Unit Dwelling Projects Located
on Community Assembly Surface Parking
Lots
Section 9.31.196, Multiple-Unit Dwelling Projects Located on Community Assembly Surface Parking Lots Off-Street Parking and Loading Chapter 9.28, Parking, Loading, and Circulation Projections into Height Limits Section 9.21.060, Height Projections Projections into Required Setbacks Section 9.21.110, Projections from Buildings into Minimum Setbacks and Daylight Plane Refuse and Recycling Screening and
Enclosure Section 9.21.130, Resource Recovery and Recycling Standards Signs Chapter 9.61, Signs
Screening Section 9.21.140, Screening
Solar Energy Systems Section 9.21.150, Solar Energy Systems

4.K.a
Packet Pg. 1475 Attachment: ORD-Cannabis Zoning Amendments 2d (7311 : Cannabis Zoning Ordinance - Second Reading) 21 A. Active Ground Floor Use and Design.

1. Active Use Requirement. Except as exempted in subsection A(3), below, the ground-floor street frontage of buildings on defined Commercial Boulevards, within LUCE-designated Activity Centers, and within Neighborhood Commercial Districts on Main Street and Montana Avenue shall be required to have active use areas that accommodate commercial uses, subject to the following:
a. Active use areas are required to have a minimum average depth of 40 feet, but no less than 25 feet, for a minimum of 60% of the ground-floor frontage, to the maximum extent feasible.
b. Within LUCE-designated Activity Centers established pursuant to Chapter 9.18 and Neighborhood Commercial Districts on Main Street and Montana Avenue, uses within these active use areas shall be limited to the following:
i. Cultural facilities;
ii. Food and beverage sales;
iii. Eating and drinking establishments;
iv. Grooming and pet stores;
v. Banks and credit unions;
vi. Business services;
vii. Commercial entertainment, recreation, and instructional services; viii. General personal services and personal physical training; ix. General retail sales and cannabis retailers; and
x. Childcare facilities.

4.K.a
Packet Pg. 1476 Attachment: ORD-Cannabis Zoning Amendments 2d (7311 : Cannabis Zoning Ordinance - Second Reading) 22 c. In other commercial districts not identified in subsection (A)(1)(b), above, the following uses are prohibited within these active use areas:
i. Offices, with the following exceptions:
(1) Creative offices or offices with walk-in clientele, and (2) Offices within a structure that was designed, approved, and continuously used with office at the ground level, facing the street.

2. Active Commercial Design. Where an active use is required for new buildings, the ground-floor street frontage shall be designed to accommodate commercial uses and activities, subject to the following:
a. Street Facing Facades. A minimum of 50% of each street facing façade shall be transparent and include windows, doors, and other openings between 2.5 and 8 feet above finished grade. Openings fulfilling this requirement shall have transparent glazing or openings that provide views into work areas, display areas, sales areas, lobbies, or similar active spaces, or into window displaying merchandise or other items other than signs that are at least 3 feet deep.

This requirement may be modified by the Architectural Review Board if it can be demonstrated that the fulfillment of this requirement materially interferes with the project’s ability to meet the requirements of Municipal Code Chapter 8.36 – Energy Code.

FIGURE 9.11.030.A: STREET-FACING FAÇADES

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Packet Pg. 1477 Attachment: ORD-Cannabis Zoning Amendments 2d (7311 : Cannabis Zoning Ordinance - Second Reading) 23 b. A minimum of one pedestrian entrance facing the Commercial Boulevard.

3. Exemptions for Certain Housing Projects.
a. 100% Affordable Housing Projects. 100% Affordable Housing Projects are exempt from the provision of subsection A, except that 100% Affordable Housing Projects within the Neighborhood Commercial Districts on Main Street and Montana Avenue shall be subject to subsections (A)(1) (a) and (b).
b. All Other Housing Projects. Except as provided below, Housing Projects on defined Commercial Boulevards are exempt from the provisions of subsection (A).
i. Housing Projects located within the Neighborhood Commercial Districts on Pico Boulevard and Ocean Park Boulevard are subject to subsection (A)(1)(a).
ii. Housing Projects on defined Commercial Boulevards shall be subject to the limitation on office use set forth in subsection (A)(1)(c).

B. Pedestrian-Oriented Design.

1. No more than 20 feet or 40% of a building’s ground floor façade, whichever is less, may be continuous blank or featureless linear street-level frontage.

2. New development shall incorporate the following design elements at the ground floor level:
a. Street-Facing Facades.

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Packet Pg. 1478 Attachment: ORD-Cannabis Zoning Amendments 2d (7311 : Cannabis Zoning Ordinance - Second Reading) 24 i. Articulated façades at the ground floor street frontage, which may include, but not necessarily require, such measures as indentation in plane, change of materials in a complimentary manner, sensitive composition and juxtaposition of openings and solid wall and/or building frame and projecting elements such as awnings and marquees to provide shade and shelter;
ii. Exterior lighting which provides for a secure nighttime pedestrian environment by reinforcing entrances, public sidewalks and open areas with a safe level of illumination which avoids off-site glare.
b. Ground-Floor Street Frontages Along Commercial Boulevards. The finished ground floor level along the Commercial Boulevard shall not exceed 18 inches lower or higher than the finished grade of the adjacent sidewalk. c. Sloped Ground-Floor Street Frontages Along Commercial Boulevards. On parcels with a grade change of 10% or more along the length of the parcel line adjacent to the Commercial Boulevard, the finished ground floor level along the Commercial Boulevard shall not exceed 18 inches lower or 3 feet higher than the finished grade of the adjacent sidewalk.

3. Residential uses at the ground floor street frontage shall incorporate planted areas, porches, front stairs, and/or other elements that contribute to a pedestrian environment. Pedestrian-oriented design elements may also include street furniture or other seating surfaces on private property and design amenities scaled to the pedestrian such as awnings, drinking fountains, paseos, arcades, colonnades, plazas, noncommercial community bulletin boards, public or private art, and alternative paving materials in areas of pedestrian access.

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Packet Pg. 1479 Attachment: ORD-Cannabis Zoning Amendments 2d (7311 : Cannabis Zoning Ordinance - Second Reading) 25 4. When provided, storefront security grates or grilles shall be located inside exterior windows, shall be retractable into pockets or overhead cylinders, and shall be completely concealed when retracted.

5. Alternatives to the requirements of this Section 9.11.030(B) may be approved if the Review Authority finds that the proposed use has unique operational characteristics with which providing the required windows and openings is incompatible, and street-facing building walls will exhibit architectural relief and detail and be enhanced with landscaping in such a way as to create visual interest at the pedestrian level.

C. Build-To Line, Nonresidential Uses. Buildings with nonresidential uses on the ground floor and not facing a residential district shall be constructed no farther than 10 feet from the street facing property line(s) for 70% of linear street frontage. This requirement may be waived or modified subject to a discretionary approval upon finding that:

1. An alternative configuration can be approved based on the findings in Chapter 9.43, Modifications and Waivers, and the objectives of the Design Guidelines; and

2. Entry courtyards, plazas, small parks, entries, outdoor eating and display areas, or other uncovered areas designed and accessible for public use are located between the build-to line and building, provided that the buildings are built to the edge of the courtyard, plaza, small park, or dining area; and

3. The building incorporates an alternative entrance design that creates a pedestrian-oriented entry feature facing the street.

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Packet Pg. 1480 Attachment: ORD-Cannabis Zoning Amendments 2d (7311 : Cannabis Zoning Ordinance - Second Reading) 26 D. Daylight Plane Adjacent to Residential Districts. Buildings shall not extend above a plane starting at 30 feet in height directly above the parcel line abutting any residentially-zoned parcel, or where there is an alley, the centerline of the alley, and from that point, extending in at a 45-degree angle from vertical toward the interior of the site.

The 30-foot height measurement shall be taken from the same reference grade as determined for the subject site pursuant to Section 9.04.050.

FIGURE 9.11.030.D: DAYLIGHT PLANE ADJACENT TO RESIDENTIAL DISTRICTS—MIXED-USE AND COMMERCIAL DISTRICTS
E. Parcels in the NC—Main Street District.

1. Use of Rear Setback. Commercial use in the required rear setback is not permitted. Noncommercial uses and parking are permitted in the rear setback to the rear property line on the ground level.

2. Use of Roof in Rear Setback. No portion of the first-floor roof within 15 feet of the rear property line may be used for any purpose other than access for building

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Packet Pg. 1481 Attachment: ORD-Cannabis Zoning Amendments 2d (7311 : Cannabis Zoning Ordinance - Second Reading) 27 maintenance and repair. The remaining setback area may be privately used (not open to the public) if enclosed with a solid 6-foot barrier.

F. Consolidation of Parcels – NC Zoning District. Except for parcels identified on the 6th Cycle 2021-2029 Housing Element Suitable Sites Inventory, limits on the consolidation of parcels in the Neighborhood Commercial zoning districts shall apply to the following:

1. Montana Avenue, Ocean Park Boulevard, and Pico Boulevard. Parcels shall not be consolidated nor shall parcels be tied if such consolidation or parcel tie results in a parcel that exceeds 15,000 square feet in size.

2. Main Street. Parcels shall not be consolidated nor shall parcels be tied if such consolidation or parcel tie results in a parcel that exceeds the following:
a. For Housing Projects north of Ocean Park Boulevard, 15,000 square feet in size.
b. For Housing Projects south of Ocean Park Boulevard, 11,000 square feet in size.
c. For all other projects, 6,000 square feet in size.

G. Planting Areas. The following areas shall be landscaped:

1. Setback Areas Adjoining Streets. All visible portions of a required setback area adjoining a street that are not used for driveways or walks shall consist of planting areas, landscape, or pedestrian amenities such as entry courtyards, plazas, entries, outdoor eating and display areas, or other uncovered areas designed and accessible for public use.

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Packet Pg. 1482 Attachment: ORD-Cannabis Zoning Amendments 2d (7311 : Cannabis Zoning Ordinance - Second Reading) 28 2. Interior and Rear Setback Areas. At least 50% of each required interior side and rear setback area shall be a planting area. The required planting area may be reduced to less than 50% of the setback area but no less than 3 feet in width in one side or rear setback area adjoining a driveway or when an approved nonresidential accessory structure occupies a portion of the rear setback area.

3. Adjoining R1 and R2 Districts. A continuous planting area with a minimum width of 5 feet shall be provided along interior parcel lines when a Mixed-Use and Commercial Districts adjoins an R1 or R2 District and is not separated by a public or private thoroughfare.

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Packet Pg. 1483 Attachment: ORD-Cannabis Zoning Amendments 2d (7311 : Cannabis Zoning Ordinance - Second Reading) 29 CHAPTER 9.12 BERGAMOT DISTRICTS

9.12.020 Land Use Regulations
Table 9.12.020 prescribes the land use regulations for Bergamot 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.
“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.
“CUP” designates use classifications that are permitted after review and approval of a Conditional Use Permit.
“—” designates uses that are not permitted.

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Packet Pg. 1484 Attachment: ORD-Cannabis Zoning Amendments 2d (7311 : Cannabis Zoning Ordinance - Second Reading) 30 TABLE 9.12.020: LAND USE REGULATIONS— BERGAMOT DISTRICTS Use Classification BTV MUC CAC CCS Additional Regulations Residential Uses
Residential Dwelling Types
Accessory Dwelling Unit P P P P
Section 9.31.025, Accessory
Dwelling Units and Junior
Accessory Dwelling Units
Junior Accessory Dwelling Unit P P P P
Section 9.31.025, Accessory
Dwelling Units and Junior
Accessory Dwelling Units
Multiple-Unit Dwelling P P P P Section 9.31.195, Multiple-Unit Dwelling Projects
Senior Citizen Multiple-Unit Dwelling P P P P Section 9.31.195, Multiple-Unit Dwelling Projects
Housing Types for Specific Needs
Congregate Housing P P CUP CUP Section 9.31.110, Congregate Housing
Elderly and Long-Term Care P P CUP CUP
Emergency Shelters P P CUP CUP Section 9.31.130, Emergency Shelters
Family Day Care See sub-classifications below.

Large P P P P Section 9.31.140, Family Day
Care, Large
Small P P P P
Group Residential P P MUP MUP Section 9.31.155, Group
Residential
Senior Group Residential P P P P Section 9.31.155, Group Residential
Low Barrier Navigation Centers P P P P Section 9.31.175, Low Barrier Navigation Centers
Mobile Home Park - P - -
Residential Facilities See sub-classifications below.

Residential Care, General P P MUP MUP Section 9.31.270, Residential Care Facilities
Residential Care, Limited P P P P Section 9.31.270, Residential Care Facilities
Residential Care, Senior P P L(4)/MUP L(4)/MUP Section 9.31.270, Residential Care Facilities
Hospice, General P P MUP MUP Section 9.31.270, Residential Care Facilities
Hospice, Limited P P P P Section 9.31.270, Residential
Care Facilities
Single-Room Occupancy Housing P P P P Section 9.31.330, Single Room Occupancy Structures
Supportive Housing P P P P
Transitional Housing P P P P
Public and Semi-Public Uses
Adult Day Care P P - P
Child Care and Early Education Facilities P P - P Section 9.31.120, Child Care and Early Education Facilities
Colleges and Trade Schools, Public or Private CUP CUP CUP - Community Assembly CUP CUP CUP CUP Section 9.31.100, Community Assembly
Community Gardens P P P P
Cultural Facilities P P P P

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Packet Pg. 1485 Attachment: ORD-Cannabis Zoning Amendments 2d (7311 : Cannabis Zoning Ordinance - Second Reading) 31 TABLE 9.12.020: LAND USE REGULATIONS— BERGAMOT DISTRICTS Use Classification BTV MUC CAC CCS Additional Regulations Hospitals and Clinics L(11) L(11) - MUP, L(12)
Community Clinic L(5) L(5) L(5) L(5)
Park and Recreation Facilities, Public P P P P
Public Safety Facilities P P L(3) P
School, Public or Private CUP CUP CUP -
Social Service Centers P P - - Section 9.31.350, Social Service Centers
Commercial Uses
Animal Care, Sales, and Services See sub-classifications below.

Grooming and Pet Stores P P P L(2)
Pet Day Care Services MUP MUP - MUP
Veterinary Services MUP MUP - MUP
Automobile/Vehicle Sales and Service See sub-classifications below.

Alternative Fuels and Recharging
Facilities - - - -

Automobile Rental - - - –
Automobile Storage Use - – – –
New Automobile/Vehicle Sales and
Leasing – – - –
Additions 7,500 square feet or less to
Automobile/Vehicle Sales and Leasing
buildings existing as of 07/06/2010
- - - –
Additions larger than 7,500 square
feet to Automobile/
Vehicle Sales and Leasing buildings
existing as of 07/06/2010
- - - –
Automobile/Vehicle Repair, Major – – - –
Automobile/Vehicle Service and Repair,
Minor - – - –
Automobile/Vehicle Washing – – - –
Service Station - - - –
Towing and Impound – – - –
Banks and Financial Institutions See sub-classifications below.

Banks and Credit Unions L(9)/CUP L(9)/CUP L(9)/CUP L(9)/CUP Check Cashing Businesses – – – –
Business Services P P P P
Commercial Entertainment and Recreation See sub-classifications below.

Cinemas & Theaters, up to 99 seats P P P P
Cinemas & Theaters, more than 99 seats CUP - - -
Convention and Conference Centers, less
than 25,000 sf CUP CUP CUP –
Convention and Conference Centers,
25,000 sf or greater CUP - - -
Large-Scale Facility L(10)/CUP L(10)/CUP L(10)/CUP L(10)/CUP Small-Scale Facility MUP MUP MUP MUP Section 9.31.340, Small-Scale Facility, Game Arcades
Fortunetelling P P P P
Eating and Drinking Establishments See sub-classifications below.

Bars/Nightclubs/Lounges CUP CUP MUP CUP Section 9.31.040, Alcoholic Beverage Sales
Restaurants, Full-Service, Limited Service
& Take-Out (2,500 square feet and P P P P Section 9.31.040, Alcoholic Beverage Sales

4.K.a
Packet Pg. 1486 Attachment: ORD-Cannabis Zoning Amendments 2d (7311 : Cannabis Zoning Ordinance - Second Reading) 32 TABLE 9.12.020: LAND USE REGULATIONS— BERGAMOT DISTRICTS Use Classification BTV MUC CAC CCS Additional Regulations smaller, including Outdoor Dining and
Seating)
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 square feet,
including Outdoor Dining and Seating)

P P P MUP
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 (greater than 5,000 square
feet, including Outdoor Dining and
Seating)

P P P MUP
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
Equipment Rental MUP MUP - MUP
Food and Beverage Sales See sub-classifications below.

Convenience Market L(2)/CUP L(2)/CUP L(2)/CUP L(2)CUP Section 9.31.040, Alcoholic Beverage Sales
Farmers Markets CUP CUP CUP CUP
General Market L(3)/CUP L(3)/CUP L(3)/CUP L(3)/CUP Section 9.31.040, Alcoholic Beverage Sales
Liquor Stores CUP CUP CUP CUP Section 9.31.040, Alcoholic Beverage Sales
Funeral Parlors and Mortuaries – - - –
Instructional Services P P P P
Live-Work P P P P Section 9.31.170, Live-Work
Lodging See sub-classifications below.

Bed and Breakfast - - - -
Section 9.31.090, Bed and
Breakfasts
Hotels and Motels CUP CUP CUP –
Maintenance and Repair Services MUP,
L(12)
MUP,
L(12) - MUP, L(12)
Nursery and Garden Center P P - - Section 9.31.220, Outdoor Retail Display and Sales
Offices See sub-classifications below.

Business and Professional L(12)/CUP L(12)/CUP - -
Creative P P P P
Medical and Dental CUP CUP - CUP
Walk-In Clientele P P - -
Outdoor Newsstands MUP MUP MUP MUP Section 9.31.210, Outdoor Newsstands
Parking, Public or Private CUP CUP CUP -
Personal Services See sub-classifications below.

General Personal Services P P - P Section 9.31.230, Personal

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Packet Pg. 1487 Attachment: ORD-Cannabis Zoning Amendments 2d (7311 : Cannabis Zoning Ordinance - Second Reading) 33 TABLE 9.12.020: LAND USE REGULATIONS— BERGAMOT DISTRICTS Use Classification BTV MUC CAC CCS Additional Regulations Service
Personal Services, Physical Training P P P P
Tattoo or Body Modification Parlor P P P P Section 9.31.230, Personal Service
Retail Sales See sub-classifications below.

Building Materials Sales and Services – – - –
Section 9.31.220, Outdoor
Retail Display and Sales
General Retail Sales, Small-Scale P P P P Section 9.31.220, Outdoor Retail Display and Sales
General Retail Sales, Medium-Scale CUP CUP CUP – Section 9.31.220, Outdoor Retail Display and Sales
General Retail Sales, Large-Scale CUP CUP - - Section 9.31.220, Outdoor Retail Display and Sales
Cannabis Retailers P P P P
Section 9.31.095 Cannabis
Retailers
Pawn Shops – – – –
Swap Meets CUP CUP CUP – Section 9.31.360, Swap Meets
Industrial Uses
Artist’s Studio P P P P
Commercial Kitchens CUP CUP - L(1)/CUP
Industry, General - - - -
Industry, Limited P P L(2) L(2)
Recycling Facility See sub-classifications below.

Recycling Collection Facility CUP, L(12) CUP,
L(12) - -
Research and Development P P L(2) L(2)
Media Production See sub-classifications below.

Full-Service Facility P P P P
Support Facilities P P - P
Transportation, Communication, and Utilities Uses
Bus/Rail Passenger Stations P P P P
City Bikeshare Facility P P P P
Communication Facilities See sub-classifications below.

Antennas and Transmission Towers MUP MUP - – Chapter 9.32, Personal Wireless Service Facilities
Equipment within Buildings CUP CUP - –
Light Fleet-Based Services – – - –
Utilities, Major – - - –
Utilities, Minor P P P P
Specific Limitations:
(1) Not allowed on the ground floor for the first 35 feet of lot depth. (2) Limited to 4,000 sq. ft. or less.
(3) Limited to 15,000 sq. ft. or less.
(4) Facilities for 6 or fewer residents are permitted by right. Facilities for more than 6 residents require an MUP. (5) Permitted if all objective planning standards set forth in Government Code Section 65914.900 are met. (6) (Reserved)
(7) (Reserved)
(8) (Reserved)
(9) Limitation shall only apply to new construction and alterations to existing buildings that result in a combination or enlargement of tenant spaces: Limited to facilities with no more than 7,500 square feet of floor area and/or 40 linear feet of ground floor street frontage; greater area and/or width requires approval of a Conditional Use Permit. (10) Fitness facilities and gymnasiums permitted, all other uses require a CUP. (11) Hospitals and clinics of 5,000 sf or less require an MUP. Hospitals and clinics greater than 5,000 sf or greater require a CUP.

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Packet Pg. 1488 Attachment: ORD-Cannabis Zoning Amendments 2d (7311 : Cannabis Zoning Ordinance - Second Reading) 34 TABLE 9.12.020: LAND USE REGULATIONS— BERGAMOT DISTRICTS Use Classification BTV MUC CAC CCS Additional Regulations (12) Limited to 5,000 sf or less.

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Packet Pg. 1489 Attachment: ORD-Cannabis Zoning Amendments 2d (7311 : Cannabis Zoning Ordinance - Second Reading) 35 CHAPTER 9.13 EMPLOYMENT DISTRICTS

9.13.020 Land Use Regulations
Table 9.13.020 prescribes the land use regulations for the Employment 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.
“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.
“CUP” designates use classifications that are permitted after review and approval of a Conditional Use Permit.
“—” designates uses that are not permitted.

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Packet Pg. 1490 Attachment: ORD-Cannabis Zoning Amendments 2d (7311 : Cannabis Zoning Ordinance - Second Reading) 36 TABLE 9.13.020: LAND USE REGULATIONS—EMPLOYMENT DISTRICTS Use Classification IC OC HMU Additional Regulations
Residential Uses
Residential Dwelling Types
Accessory Dwelling Unit P P P
Section 9.31.025, Accessory
Dwelling Units and Junior
Accessory Dwelling Units
Junior Accessory Dwelling Unit P P P
Section 9.31.025, Accessory
Dwelling Units and Junior
Accessory Dwelling Units
Multiple-Unit Dwelling P P P Section 9.31.195, Multiple-Unit Dwelling Projects
Senior Citizen Multiple-Unit Dwelling P P P Section 9.31.195, Multiple-Unit Dwelling Projects
Housing Types for Specific Needs
Congregate Housing P P P Section 9.31.110, Congregate
Housing
Elderly and Long-Term Care – P P
Emergency Shelters L(2)/CUP L(2)/CUP L(2)/CUP Section 9.31.130, Emergency Shelters
Family Day Care See sub-classifications below.

Large P P P Section 9.31.140, Family Day Care,
Large
Small P P P
Group Residential MUP MUP P Section 9.31.155, Group Residential Senior Group Residential MUP MUP P Section 9.31.155, Group Residential Low Barrier Navigation Centers P P P Section 9.31.175, Low Barrier Navigation Centers
Residential Facilities See sub-classifications below.

Residential Care, General P P P Section 9.31.270, Residential Care Facilities
Residential Care, Limited P P P Section 9.31.270, Residential Care Facilities
Residential Care, Senior P P P Section 9.31.270, Residential Care Facilities
Hospice, General P P P Section 9.31.270, Residential Care Facilities
Hospice, Limited P P P Section 9.31.270, Residential Care Facilities
Single-Room Occupancy Housing P P P Section 9.31.330, Single Room Occupancy Structures
Supportive Housing P P P
Transitional Housing P P P
Public and Semi-Public Uses
Adult Day Care MUP P P
Child Care and Early Education Facilities MUP P P Section 9.31.120, Child Care and Early Education Facilities
Colleges and Trade Schools, Public or Private – CUP –
Community Assembly CUP CUP CUP Section 9.31.100, Community Assembly
Community Gardens P P P

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Packet Pg. 1491 Attachment: ORD-Cannabis Zoning Amendments 2d (7311 : Cannabis Zoning Ordinance - Second Reading) 37 TABLE 9.13.020: LAND USE REGULATIONS—EMPLOYMENT DISTRICTS Use Classification IC OC HMU Additional Regulations
Cultural Facility – – CUP
Hospitals and Clinics – – P
Community Clinic L(11) L(11) L(11)
Park and Recreation Facilities, Public P P P
Public Safety Facilities MUP MUP P
Schools, Public or Private L(3)/CUP L(3)/CUP P
Social Service Centers MUP MUP P Section 9.31.350, Social Service Centers
Commercial Uses
Animal Care, Sales, and Services See sub-classifications below.

Kennels CUP – –
Pet Day Care Services MUP – –
Veterinary Services P – –
Automobile/Vehicle Sales and Service See sub-classifications below.

Alternative Fuels and Recharging
Facilities L(5)/CUP CUP –
Automobile Rental L(4) P –
Section 9.31.050, Automobile
Rental
Automobile Storage Use CUP CUP –
Section 9.31.070,
Automobile/Vehicle Sales, Leasing,
and Storage
Automobile/Vehicle Sales and Leasing CUP CUP –
Section 9.31.070,
Automobile/Vehicle Sales, Leasing,
and Storage
Automobile/Vehicle Repair, Major L(5)/CUP – –
Section 9.31.060,
Automobile/Vehicle Repair, Major
and Minor
Automobile/Vehicle Service and Repair,
Minor L(5)/CUP – –
Section 9.31.060,
Automobile/Vehicle Repair, Major
and Minor
Automobile/Vehicle Washing CUP – –
Section 9.31.080,
Automobile/Vehicle Washing
Large Vehicle and Equipment Sales,
Service, and Rental CUP – –
Service Station L(5)/CUP CUP – Section 9.31.320, Service Stations Towing and Impound L(5)/CUP – –
Banks and Financial Institutions See sub-classifications below.

Banks and Credit Unions L(15) L(15) CUP
Business Services P L(6) P
Commercial Entertainment and Recreation See sub-classifications below.

Cinemas – – –
Theaters L(7)/CUP – –
Convention and Conference Centers – CUP –
Large-Scale Facility L(16) L(16) -
Small-Scale Facility L(8)/CUP MUP (6) CUP Section 9.31.340, Small-Scale Facility, Game Arcades
Eating and Drinking Establishments See sub-classifications below.

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Packet Pg. 1492 Attachment: ORD-Cannabis Zoning Amendments 2d (7311 : Cannabis Zoning Ordinance - Second Reading) 38 TABLE 9.13.020: LAND USE REGULATIONS—EMPLOYMENT DISTRICTS Use Classification IC OC HMU Additional Regulations
Restaurants, Full-Service, Limited Service
& Take-Out, With Entertainment, With
Outdoor Eating Areas (2,500 SF and
smaller)
P P P
Section 9.31.040, Alcoholic
Beverage Sales
Section 9.31.280, Restaurants,
Limited-Service and Take Out
Section 9.31.290, Restaurants with
Entertainment
Section 9.31.200, Outdoor Dining
and Seating
Restaurants, Full-Service, Limited Service
& Take-Out, With Entertainment, With
Outdoor Eating Areas (2,501 – 5,000 SF)
P P P
Section 9.31.040, Alcoholic
Beverage Sales
Section 9.31.280, Restaurants,
Limited-Service and Take Out
Section 9.31.290, Restaurants with
Entertainment
Section 9.31.200, Outdoor Dining
and Seating
Restaurants, Full-Service, Limited Service
& Take-Out, With Entertainment, With
Outdoor Eating Areas (Greater than 5,000
SF)
P P P
Section 9.31.040, Alcoholic
Beverage Sales
Section 9.31.280, Restaurants,
Limited-Service and Take Out
Section 9.31.290, Restaurants with
Entertainment
Section 9.31.200, Outdoor Dining
and Seating
Food Hall (up to 175 seats) CUP CUP CUP
Equipment Rental P – P
Food and Beverage Sales See sub-classifications below.

Convenience Markets L(6) L(6) P Section 9.31.040, Alcoholic Beverage Sales
Farmers Markets CUP – –
General Markets L(17)/CUP L(17)/CUP -
Section 9.31.040, Alcoholic
Beverage Sales
Funeral Parlor and Mortuary – – CUP
Instructional Services L(18)/CUP L(18)/CUP -
Live-Work L (14) CUP L (14) Section 9.31.170, Live-Work Offices See sub-classifications below.

Business and Professional L (9) P P
Creative P P –
Medical and Dental – P P
Walk-In Clientele L (10) L (6) L (10)
Parking, Public or Private CUP CUP CUP
Personal Services See sub-classifications below.

General Personal Services P P P Section 9.31.230, Personal Service Personal Services, Physical Training P P CUP
Tattoo or Body Modification Parlor 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
Firearms and Ammunition Sales – – –

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Packet Pg. 1493 Attachment: ORD-Cannabis Zoning Amendments 2d (7311 : Cannabis Zoning Ordinance - Second Reading) 39 TABLE 9.13.020: LAND USE REGULATIONS—EMPLOYMENT DISTRICTS Use Classification IC OC HMU Additional Regulations
General Retail Sales, Small-Scale P P P Section 9.31.220, Outdoor Retail Display and Sales
General Retail Sales, Medium-Scale CUP CUP -
Section 9.31.220, Outdoor Retail
Display and Sales
Cannabis Retailers P P P Section 9.31.095 Cannabis Retailers Industrial Uses
Artist’s Studio P P P
Commercial Kitchens P – –
Industry, General P CUP (12) –
Research and Development P CUP (12) P
Industry, Limited P CUP (12) –
Media Production P P –
Recycling Facility See sub-classifications below.

Recycling Collection Facility P – –
Section 9.31.260, Recycling
Facilities
Recycling Processing Facility P – –
Section 9.31.260, Recycling
Facilities
Warehousing, Storage, and Distribution See sub-classifications below.

Indoor Warehousing and Storage P – –
Outdoor Storage CUP (13) – –
Personal Storage P CUP – Section 9.31.240, Personal Storage Wholesaling and Distribution P – –
Transportation, Communication, and Utilities Uses
Bus/Rail Passenger Stations P P P
City Bikeshare Facility P P P
Communication Facilities See sub-classifications below.

Antennas and Transmission Towers CUP – CUP Chapter 9.32, Personal Wireless Service Facilities
Facilities within Buildings CUP P CUP
Light Fleet-Based Services CUP – –
Utilities See sub-classifications below.

Utilities, Major P P –
Utilities, Minor P P P

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Packet Pg. 1494 Attachment: ORD-Cannabis Zoning Amendments 2d (7311 : Cannabis Zoning Ordinance - Second Reading) 40 TABLE 9.13.020: LAND USE REGULATIONS—EMPLOYMENT DISTRICTS Use Classification IC OC HMU Additional Regulations
Specific Limitations:
(1) Limited to 100% affordable housing projects. For senior citizen multiple-unit dwelling projects in the Office Campus District that are not 100% affordable approval of a Conditional Use Permit is required. (2) Homeless shelters with less than 55 beds are permitted by right. Homeless shelters with 55 beds or more may be permitted with application for and approval of a Conditional Use Permit. (3) Permitted if existing. New uses require approval of a Conditional Use Permit. (4) Limited to accessory automobile rental facilities located within automobile/vehicle repair use. (5) Permitted if located 100 ft. or more from any residential use or district. Conditional Use Permit required if located within 100 ft. of a residential use or district.
(6) Conditionally permitted as businesses that provide goods and services to employees on the premises. No more than 25% of the total square footage of a development may be devoted to such businesses. (7) Limited to theaters with 99 seats or less and 10,000 sq. ft. or less. Larger theaters require a Conditional Use Permit. (8) Exercise facilities (e.g., yoga, Pilates, martial arts, and dance studios) permitted by right. Other small-scale commercial recreation uses require a Conditional Use Permit.
(9) Permitted if existing or accessory to a primary permitted use on the same site and not exceeding 25 percent of the gross floor area of the primary permitted use.
(10) Permitted if existing. New uses are not permitted. (11) Permitted if all objective planning standards set forth in Government Code Section 65914.900 are met. (12) Such uses must be conducted within an enclosed building or an open enclosure screened from public view. In order to approve a Conditional Use Permit, the review authority must make a finding that proposed uses are compatible with office and advanced technological uses.
(13) Limited to outdoor storage of fleet vehicles if such vehicles are directly related to the primary operation on the site. (14) If the commercial use requires a MUP or CUP, an application shall be required in accordance with 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 Live-Work 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 uses that generate airborne particulates in a unit with an unenclosed kitchen.
(15) Limitation shall only apply to new construction and alterations to existing buildings that result in a combination or enlargement of tenant spaces: Limited to facilities with no more than 7,500 square feet of floor area and/or 40 linear feet of ground floor street frontage
(16) Limited to indoor exercise facilities and bowling alleys. (17) General markets greater than 15,000 square feet require a Conditional Use Permit. (18) Limitation shall only apply to new construction and alterations to existing buildings that result in a combination or enlargement of tenant spaces: No individual tenant space shall occupy more than 12,500 square feet of floor area and/or exceed 75 linear feet of ground floor street frontage without the approval of a Conditional Use Permit.

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Packet Pg. 1495 Attachment: ORD-Cannabis Zoning Amendments 2d (7311 : Cannabis Zoning Ordinance - Second Reading) 41 CHAPTER 9.14 OCEANFRONT DISTRICT

9.14.020 Land Use Regulations
Table 9.14.020 prescribes the land use regulations for the Oceanfront District. The regulations for each district are established by letter designations listed below. These designations apply strictly to the permissibility of land uses; applications for buildings or structures may require discretionary review.
“P” designates permitted uses.
“L(#)” designates limited uses, which are permitted by right, provided they comply with specific limitations listed at the end of the table.
“CUP” designates use classifications that are permitted after review and approval of a Conditional Use Permit.
“MUP” designates use classifications that are permitted after review and approval of a Minor Use Permit.
“–” designates uses that are not permitted.

Land uses are defined in Chapter 9.51, Use Classifications. Use classifications and subclassifications 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 disturbing or 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.

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Packet Pg. 1496 Attachment: ORD-Cannabis Zoning Amendments 2d (7311 : Cannabis Zoning Ordinance - Second Reading) 42 TABLE 9.14.020: LAND USE REGULATIONS—OCEANFRONT DISTRICT Use Classification OF Additional Regulations
Residential Uses
Residential Dwelling Types
Accessory Dwelling Unit P Section 9.31.025, Accessory Dwelling Units and Junior Accessory Dwelling Units
Junior Accessory Dwelling Unit P Section 9.31.025, Accessory Dwelling Units and Junior Accessory Dwelling Units
Multiple-Unit Dwelling P Section 9.31.195, Multiple-Unit Dwelling Projects
Duplex P Section 9.31.195, Multiple-Unit Dwelling
Projects
Senior Citizen Multiple-Unit Dwelling P Section 9.31.195, Multiple-Unit Dwelling Projects
Single-Unit Dwelling P
Housing Types for Specific Uses
Congregate Housing P Section 9.31.110, Congregate Housing Elderly and Long-Term Care P
Emergency Shelters CUP Section 9.31.130, Emergency Shelters Employee Housing P
Family Day Care See sub-classifications below.

Large P Section 9.31.140, Family Day Care, Large
Small P
Group Residential MUP Section 9.31.155, Group Residential Senior Group Residential P Section 9.31.155, Group Residential Low Barrier Navigation Centers P Section 9.31.175, Low Barrier Navigation Centers
Residential Facilities See sub-classifications below.

Residential Care, General P Section 9.31.270, Residential Care Facilities
Residential Care, Limited P Section 9.31.270, Residential Care Facilities
Residential Care, Senior P Section 9.31.270, Residential Care Facilities
Single-Room Occupancy Housing P Section 9.31.330, Single Room Occupancy Structures
Supportive Housing P
Transitional Housing P
Public and Semi-Public Uses
Adult Day Care CUP
Child Care and Early Education Facilities CUP Section 9.31.120, Child Care and Early Education Facilities
Cultural Facilities CUP
Community Clinic L(6)
Park and Recreations Facilities, Public P
Schools P
Commercial Uses
Automobile/Vehicle Sales and Service See sub-classifications below.

Automobile Rental MUP Section 9.31.050, Automobile Rental

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Packet Pg. 1497 Attachment: ORD-Cannabis Zoning Amendments 2d (7311 : Cannabis Zoning Ordinance - Second Reading) 43 TABLE 9.14.020: LAND USE REGULATIONS—OCEANFRONT DISTRICT Use Classification OF Additional Regulations
Commercial, Entertainment, and Recreation See sub-classifications below.

Theaters L(1)
Convention and Conference Centers P
Small-Scale Facility P Section 9.31.340, Small-Scale Facility, Game Arcades
Large-Scale Facility L(2)/CUP
Fortunetelling P
Eating and Drinking Establishments See sub-classifications below.

Bars/Nightclubs/Lounges L(3)/CUP Section 9.31.040, Alcoholic Beverage Sales Restaurants, Full-Service including
Outdoor Dining and Seating P
Section 9.31.040, Alcoholic Beverage Sales
Section 9.31.280, Restaurants, Limited
Service and Take-Out Only
Section 9.31.290, Restaurants With
Entertainment
Section 9.31.200, Outdoor Dining and
Seating
Chapter 9.20, Beach Overlay District
Restaurants, Limited Service and TakeOut Only including Outdoor Dining and Seating
P
Section 9.21.040, Alcoholic Beverage Sales
Section 9.31.280, Restaurants, LimitedService and Take Out Only Section 9.31.290, Restaurants With
Entertainment
Section 9.31.200, Outdoor Dining and
Seating
Chapter 9.20, Beach Overlay District
Food Hall (up to 175 seats) CUP
Food and Beverage Sales See sub-classifications below.

Convenience Markets P Section 9.31.040, Alcoholic Beverage Sales Farmers Markets MUP
General Markets L(4) Section 9.31.040, Alcoholic Beverage Sales Liquor Stores CUP Section 9.31.040, Alcoholic Beverage Sales Lodging See sub-classifications below.

Bed and Breakfast CUP Within Designated Landmarks only.

Section 9.31.090, Bed and Breakfasts
Offices See sub-classifications below.

Business and Professional L(5)/CUP
Creative L(5)/CUP
Walk-In Clientele L(5)/CUP
Parking, Public or Private CUP
General Personal Services MUP
Retail Sales See sub-classifications below.

General Retail Sales, Small-Scale P Section 9.31.220, Outdoor Retail Display and Sales
Cannabis Retailers P Section 9.31.095, Cannabis Retailers Transportation, Communication, and Utilities Uses
City Bikeshare Facility P

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Packet Pg. 1498 Attachment: ORD-Cannabis Zoning Amendments 2d (7311 : Cannabis Zoning Ordinance - Second Reading) 44 TABLE 9.14.020: LAND USE REGULATIONS—OCEANFRONT DISTRICT Use Classification OF Additional Regulations
Specific Limitations:
(1) Limited to theaters for live performances.
(2) Existing large-scale commercial, entertainment, and recreation facilities existing as of the date of this Ordinance are permitted. Any new large-scale commercial, entertainment, and recreation facilities require approval of a Conditional Use Permit.
(3) Bars, nightclubs, and lounges are only permitted on the Pier, on Oceanfront Walk, and within hotels. (4) Limited to establishments with no more than 2,500 sq. ft. of floor area. (5) Office uses on the ground floor street frontage may not exceed 25% of the parcel width or 1,000 sq. ft, whichever is less. (6) Permitted if all objective planning standards set forth in Government Code Section 65914.900 are met.

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Packet Pg. 1499 Attachment: ORD-Cannabis Zoning Amendments 2d (7311 : Cannabis Zoning Ordinance - Second Reading) 45 CHAPTER 9.31 STANDARDS FOR SPECIFIC USES AND ACTIVITIES

9.31.095 Cannabis Retailers.

A. Purpose. The purpose of this Section is to ensure that the development of cannabis uses do not adversely impact adjacent parcels or the surrounding neighborhoods in which they are located and that they will be developed in a manner that protects the health, safety, and general welfare of nearby residents and businesses while providing for the needs of all segments of the community. Cannabis uses shall be permitted, located, developed, and operated consistent with the following development standards.

B. Applicability. Each cannabis use shall conform to the property development standards of the District in which it is to be located and this Section. Except as otherwise expressly provided, existing cannabis retailers shall be subject to those provisions of this Section as are hereafter specifically described.

C. Definitions. The definitions within Chapter 6.200, as may be amended, apply to cannabis uses. Any reference to California statutes includes any regulations promulgated thereunder and is deemed to include any successor or amended version of the referenced statute or regulatory provision.

D. Permit Requirements. No person shall engage in any commercial cannabis business or activity within the City of Santa Monica without:

1. Obtaining a valid Commercial Cannabis Business Permit;

2. Obtaining a valid State of California Seller’s Permit; and

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Packet Pg. 1500 Attachment: ORD-Cannabis Zoning Amendments 2d (7311 : Cannabis Zoning Ordinance - Second Reading) 46 3. Compliance with all applicable state and local laws and regulations pertaining to the commercial cannabis business and activities, including the duty to obtain any required state licenses and requirements in accordance with Chapter 6.200.

E. Location Requirements.

1. Cannabis uses shall be permitted within Nonresidential Districts.

2. Permitted cannabis uses shall be prohibited within 600 feet of the following locations:
a. Schools, as defined in Section 9.51.030.
b. A youth center that is in existence at the time a complete commercial cannabis business permit application is submitted.
c. A day care center licensed by the state Department of Social Services that is in existence at the time a complete commercial cannabis business permit application is submitted.

F. Parking and Loading. Any parking and loading provided shall comply with all development standards set forth in Chapter 9.28, Parking, Loading, and Circulation, and the requirements for the district in which the cannabis use is located.

G. Operating Requirements. Cannabis uses shall comply with the operational requirements within Chapter 6.200 of this Code, as may be amended.

H. Existing Cannabis Retailers / Nonconforming Uses. Notwithstanding anything to the contrary in a CUP that was issued for medicinal cannabis as of October 10, 2023, Cannabis Retailers shall be permitted to deliver and sell adult-use cannabis and adultuse cannabis products in accordance with this Section.

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Packet Pg. 1501 Attachment: ORD-Cannabis Zoning Amendments 2d (7311 : Cannabis Zoning Ordinance - Second Reading) 47 I. Cannabis Social Equity Program. Permits shall be issued consistent with any Cannabis Social Equity Program adopted by the City.

J. Review Authority. Permits shall be approved in writing by the Director if the applicant agrees in writing to comply with all of the criteria and conditions in Chapter

6.200.

K. Indemnification. To the fullest extent permitted by law, the City will not assume any liability whatsoever with respect to issuing any permit pursuant to this Chapter or otherwise approving the operation of any Adult-Use Cannabis Business or Co-Located Cannabis Business. Prior to issuance of an Adult-Use Cannabis Business Permit, the applicant, or its legal representative, shall execute an agreement, on a form approved by the City Attorney, regarding the following:

1. The applicant will indemnify, defend (at applicant's sole cost and expense), and hold harmless the City, and its officers, officials, employees, representatives, and agents from any and all claims, losses, damages, injuries, liabilities or losses which arise out of, or which are in any way related to, the City's issuance of the Adult-Use Cannabis Business Permit, the City's decision to approve the applicant's operation of any commercial cannabis activity or any Commercial Cannabis Business operation, the process used by the City in making its decision, or the alleged violation of any federal, State, or local laws by the Adult-Use Cannabis Business applicant, permittee, or any of its officers, managers, employees, or agents; and

2. The applicant will agree to reimburse the City for all costs and expenses, including but not limited to attorney fees and costs, which the City may be required to pay as a result of any legal challenge related to the City's approval of the applicant's Adult4.K.a Packet Pg. 1502 Attachment: ORD-Cannabis Zoning Amendments 2d (7311 : Cannabis Zoning Ordinance - Second Reading) 48 Use Cannabis Administrative Permit, or related to the City's approval of the applicant's commercial cannabis activity. The City may, at its sole discretion, participate at its own expense in the defense of any such action, but such participation shall not relieve any of the obligations imposed hereunder.

L. Compliance with Laws. This Chapter is not intended to interfere with, abrogate, or annul any other ordinance, resolution, regulation, statute, or other provision of law.

Nothing in this Chapter shall be construed as authorizing any actions that violate state law or local law with respect to the operation of a commercial cannabis business. It shall be the responsibility of the permittees and responsible persons of a commercial cannabis business to ensure that a commercial cannabis business is, at all times, operating in a manner compliant with all applicable state and local laws, including for as long as applicable all state cannabis laws, any subsequently enacted state law or regulatory, licensing, or certification standards or requirements, and any specific, additional operating procedures or requirements which may be imposed as conditions of approval of the Cannabis Administrative Permit. In the event of any conflict between the provisions of this Chapter and any other applicable State or local law or regulation, the more restrictive provision shall control. All commercial cannabis businesses authorized by this Chapter shall comply with the applicable provisions of the Los Angeles County Public Health Code.

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Packet Pg. 1503 Attachment: ORD-Cannabis Zoning Amendments 2d (7311 : Cannabis Zoning Ordinance - Second Reading) 49 CHAPTER 9.51 USE CLASSIFICATIONS

9.51.030. Nonresidential Use Classifications.

A. Public and Semi-Public Use Classifications.

1. Adult Day Care. Establishments providing non-medical care for persons 18 years of age or older on a less than 24-hour basis licensed by the State of California.

2. Cemetery. Establishments primarily engaged in operating sites or structures reserved for the interment of human or animal remains, including mausoleums, burial places, and memorial gardens.

3. Child Care and Early Education Facility. Establishments providing nonmedical care for persons less than 18 years of age on a less than 24-hour basis other than family day care (small and large). This classification includes commercial and nonprofit nursery schools, preschools, day care facilities for children, and any other day care facility licensed by the State of California. See Division 3, Section 9.31.120, Child Care and Early Education Facilities, for further details.

4. College and Trade School. Institutions of higher education providing curricula of a general, religious or professional nature, typically granting recognized degrees, including conference centers and academic retreats associated with such institutions. This classification includes junior colleges, business and computer schools, management training, technical and trade schools, but excludes personal instructional services such as music lessons.

5. Community Assembly. A facility for public or private meetings including community centers, banquet centers, religious assembly facilities, civic auditoriums, union halls, meeting halls for clubs and other membership organizations. This

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Packet Pg. 1504 Attachment: ORD-Cannabis Zoning Amendments 2d (7311 : Cannabis Zoning Ordinance - Second Reading) 50 classification includes functionally related facilities for the use of members and attendees such as kitchens, multi-purpose rooms, and storage. It does not include gymnasiums or other sports facilities, convention centers, or facilities, such as day care centers and schools that are separately classified and regulated. See Division 3, Section 9.31.100, Community Assembly, for further details.

6. Community Garden. An area of land managed and maintained by a public or nonprofit organization or a group of individuals to grow and harvest food crops and/or ornamental crops, such as flowers, for personal or group use, consumption, or donation.

Community gardens may be divided into separate plots for cultivation by one or more individuals or may be farmed collectively by members of the group and may include common areas maintained and used by group members. Community gardens may be accessory to public or institutional uses such as parks, schools, community centers, or religious assembly uses. This classification does not include gardens that are on a property in residential use when access is limited to those who reside on the property.

Community gardens do not include medical marijuana collectives.

7. Cultural Facility. Facilities engaged in activities to serve and promote aesthetic and educational interest in the community that are open to the public on a regular basis. This classification includes performing arts centers for theater, music, dance, and events; spaces for display or preservation of objects of interest in the arts or sciences; libraries; museums; historical sites; aquariums; art galleries; and zoos and botanical gardens. It does not include schools or institutions of higher education providing curricula of a general nature.

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Packet Pg. 1505 Attachment: ORD-Cannabis Zoning Amendments 2d (7311 : Cannabis Zoning Ordinance - Second Reading) 51 8. Hospitals and Clinics. State-licensed public, private, and nonprofit facilities providing medical, surgical, mental health, or emergency medical services. This classification includes facilities for inpatient or outpatient treatment, including substanceabuse programs, as well as training, research, and administrative services for patients and employees. This classification excludes veterinary services and animal hospitals (see Animal Care, Sales, and Services).
a. Hospital. A facility providing medical, surgical, mental health, or services primarily on an in-patient basis, and including ancillary facilities for outpatient and emergency treatment, diagnostic services, training, research, administration, and services to patients, employees, or visitors. b. Clinic. A facility providing medical, mental health, or surgical services exclusively on an out-patient basis, including emergency treatment, diagnostic services, administration, and related services to patients who are not lodged overnight. Services may be available without a prior appointment. This classification includes licensed facilities offering substance abuse treatment, blood banks, plasma, dialysis centers, and emergency medical services offered exclusively on an out- patient basis. This classification does not include private medical and dental offices that typically require appointments and are usually smaller scale (see Offices, Medical and Dental).

9. Park and Recreation Facility. Parks, playgrounds, recreation facilities, trails, wildlife preserves, and related open spaces, which are open to the general public.

This classification also includes playing fields, courts, gymnasiums, swimming pools, picnic facilities, tennis courts, golf courses, and botanical gardens, as well as related food

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Packet Pg. 1506 Attachment: ORD-Cannabis Zoning Amendments 2d (7311 : Cannabis Zoning Ordinance - Second Reading) 52 concessions or community centers within the facilities and restrooms within a primary structure or in an accessory structure on the same site.

10. Public Safety Facility. Facilities providing public-safety and emergency services, including police and fire protection and emergency medical services, with incidental storage, training and maintenance facilities.

11. School. Facilities for primary or secondary education, including public schools, charter schools, and private and parochial schools.

12. Social Service Center. Facilities providing a variety of supportive services for disabled and homeless individuals and other targeted groups on a less than 24-hour basis. Examples of services provided are counseling, meal programs, personal storage lockers, showers, instructional programs, television rooms, and meeting spaces. This classification is distinguished from licensed day care centers (see Adult Day Care and Child Care and Early Education Facility), clinics (see Clinic), and emergency shelters providing 24-hour or overnight care (see Emergency Shelter).

A. Commercial Use Classifications.

1. Adult-Oriented Business. See Sexually-Oriented Businesses.

2. Animal Care, Sales and Services. Retail sales and services related to the boarding, grooming, and care of household pets, including:
a. Grooming and Pet Store. Retail sales of animals and/or services, including grooming, for animals on a commercial basis. Typical uses include dog bathing and clipping salons, pet grooming shops, and pet stores and shops. This classification excludes dog walking and similar pet care services not carried out at

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Packet Pg. 1507 Attachment: ORD-Cannabis Zoning Amendments 2d (7311 : Cannabis Zoning Ordinance - Second Reading) 53 a fixed location, and excludes pet supply stores that do not sell animals or provide on-site animal services (see General Retail Sales).
b. Kennel. A commercial, nonprofit, or governmental facility for keeping, boarding, training, breeding or maintaining 4 or more dogs, cats, or other household pets not owned by the kennel owner or operator on a 24-hour basis.

This classification includes animal shelters and animal hospitals that provide boarding-only services for animals not receiving services on the site but excludes the provision by shops and hospitals of 24-hour accommodation of animals receiving medical services on site. This classification also includes kennels that, in addition to 24-hour accommodation, provide pet care for periods of less than 24 hours but it does not include facilities that provide pet day care exclusively or predominantly.
c. Pet Day Care Service. A commercial, nonprofit, or governmental facility for keeping 4 or more dogs, cats, or other household pets not owned by the kennel owner or operator primarily for periods of less than 24 hours. d. Veterinary Service. Veterinary services for domesticated animals.

This classification allows 24-hour accommodation of animals receiving medical services but does not include kennels.

3. Automobile/Vehicle Sales and Services. Retail or wholesale businesses that sell, rent, and/or repair automobiles, boats, recreational vehicles, trucks, vans, trailers, and motorcycles, including the following:
a. Alternative Fuels and Recharging Facility. A facility offering motor vehicle fuels not customarily offered by commercial refueling stations (e.g., LPG)

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Packet Pg. 1508 Attachment: ORD-Cannabis Zoning Amendments 2d (7311 : Cannabis Zoning Ordinance - Second Reading) 54 as well as equipment to recharge electric-powered vehicles. This classification does not include facilities within public garages or other stations that are accessory to a permitted use.
b. Automobile Rental. Rental of automobiles. Typical uses include car rental agencies. See Division 3, Section 9.31.050, Automobile Rental, for further details.
c. Automobile Storage Parcel. Any property used for short- or long-term parking of vehicles for sale or lease at an automobile dealership or rental agency on a separate parcel from such agency or dealership.
d. Automobile/Vehicle Sales and Leasing. Sale or lease, retail or wholesale, of new or used automobiles, light trucks, motorcycles, motor homes, and trailers, together with associated repair services and parts sales for vehicles sold or leased by the manufacturer associated with the dealership. (For auto repair, see Automobile/ Vehicle Service and Repair, Major and Minor.) This classification includes on-site facilities for maintaining an inventory of vehicles for sale or lease but excludes buildings and property on a separate site that are used for storing vehicles (see Automobile Storage Parcel). Typical uses include automobile dealers and recreational vehicle sales agencies. This classification also includes minor on-site preparation, washing, buffing, waxing, and detailing of vehicles for sale or vehicles repaired at the facility. Any outdoor preparation, washing, buffing, waxing, and detailing of vehicles shall comply with the standards of Section

9.31.080(C), (D), (M), (N), (P), and (Q). This classification does not include automobile brokerage and other establishments that solely provide services of

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Packet Pg. 1509 Attachment: ORD-Cannabis Zoning Amendments 2d (7311 : Cannabis Zoning Ordinance - Second Reading) 55 arranging, negotiating, assisting, or effectuating the purchase of automobiles for others. See Division 3, Section 9.31.070, Automobile/Vehicle Sales, Leasing, and Storage, for further details.
e. Automobile/Vehicle Repair, Major. Repair of automobiles, trucks, motorcycles, motor homes, boats and recreational vehicles, including the incidental sale, installation, and servicing of related equipment and parts. This classification includes auto repair shops, body and fender shops, transmission shops, wheel and brake shops, auto glass services, vehicle painting, tire sales and installation, and installation of car alarms, sound, telecommunications, and navigation systems, but excludes vehicle dismantling or salvaging and tire retreading or recapping. See Division 3, Section 9.31.060, Automobile/Vehicle Repair, Major and Minor, for further details.
f. Automobile/Vehicle Service and Repair, Minor. The service and repair of automobiles, light-duty trucks, boats, and motorcycles, including the incidental sale, installation, and servicing of related equipment and parts. This classification includes the replacement of small automotive parts and liquids as an accessory use to a gasoline sales station or automotive accessories and supply store, as well as smog check quick-service oil, tune-up and brake and muffler shops where repairs are made or service provided in enclosed bays and no vehicles are stored overnight. This classification excludes disassembly, removal or replacement of major components such as engines, drive trains, transmissions or axles; automotive body and fender work, vehicle painting or other operations that generate excessive noise, objectionable odors or hazardous materials, and

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Packet Pg. 1510 Attachment: ORD-Cannabis Zoning Amendments 2d (7311 : Cannabis Zoning Ordinance - Second Reading) 56 towing services. It also excludes repair of heavy trucks, limousines or construction vehicles. See Division 3, Section 9.31.060, Automobile/Vehicle Repair, Major and Minor, for further details.
g. Automobile/Vehicle Washing. Washing, waxing, or cleaning of automobiles or similar light vehicles, that are the principal use of a building, structure, or site, including self-serve washing facilities. See Division 3, Section

9.31.080, Automobile/Vehicle Washing, for further details. h. Large Vehicle and Equipment Sales, Service, and Rental. Sales, servicing, rental, fueling, and washing of large trucks, trailers, tractors, and other equipment used for construction, moving, agricultural, or landscape gardening activities. Includes large vehicle operation training facilities. i. Service Station. Establishments primarily engaged in retailing automotive fuels or retailing these fuels in combination with activities, such as providing minor automobile/vehicle repair services; selling automotive oils, replacement parts, and accessories; and/or providing accessory food and retail services. See Division 3, Section 9.31.320, Service Stations, for further details. j. Towing and Impound. Establishments primarily engaged in towing light or heavy motor vehicles, both local and long distance. These establishments may provide incidental services, such as vehicle storage and emergency road repair services (for automobile dismantling, see Salvage and Wrecking). This classification includes parcels used for storage of impounded vehicles.

4. Banks and Financial Institutions.

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Packet Pg. 1511 Attachment: ORD-Cannabis Zoning Amendments 2d (7311 : Cannabis Zoning Ordinance - Second Reading) 57 a. Bank and Credit Union. Financial institutions providing retail banking services. This classification includes only those institutions engaged in the on-site circulation of money, including credit unions, but excluding check-cashing businesses. For administration, headquarters, or other offices of banks and credit unions without retail banking services/on-site circulation of money (see Offices, Business and Professional).
b. Check Cashing Business. Establishments that, for compensation, engage in the business of cashing checks, warrants, drafts, money orders, or other commercial paper serving the same purpose. This classification also includes the business of deferred deposits, whereby the check casher refrains from depositing a personal check written by a customer until a specific date pursuant to a written agreement as provided in Civil Code 1789.33. Check Cashing Businesses do not include State or Federally chartered banks, savings associations, credit unions, or industrial loan companies. They also do not include retail sellers engaged primarily in the business of selling consumer goods, such as consumables to retail buyers that cash checks or issue money orders incidental to their main purpose or business.

5. Bar. See Eating and Drinking Establishments.

6. Business Service. Establishments providing goods and services to other businesses on a fee or contract basis, including printing and copying, blueprint services, mailbox services, equipment rental and leasing, office security, custodial services, film processing, model building, and delivery services with 2 or fewer fleet vehicles on-site. (For 3 or more fleet vehicles, see Light Fleet-Based Services.)

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Packet Pg. 1512 Attachment: ORD-Cannabis Zoning Amendments 2d (7311 : Cannabis Zoning Ordinance - Second Reading) 58 7. Commercial Entertainment and Recreation. Provision of participant or spectator entertainment. This classification may include restaurants, snack bars, and other incidental food and beverage services to patrons. a. Cinema. Facilities for indoor display of films and motion pictures. b. Theater. Facilities designed and used for entertainment, including plays, comedy, and music, which typically contain a stage upon which movable scenery and theatrical appliances or musical instruments and equipment are used. c. Convention and Conference Centers. Facilities designed and used for conventions, conferences, seminars, trade shows, product displays, and other events in which groups gather to promote and share common interests.

Convention centers typically have at least one auditorium and may also contain concert halls, lecture halls, meeting rooms, and conference rooms, as well as accessory uses such as facilities for food preparation and serving and administrative offices. For conference facilities accessory to hotels, see Hotel and Motel.
d. Large-Scale Facility. This classification includes large outdoor facilities such as amusement and theme parks, sports stadiums and arenas, racetracks, amphitheaters, drive-in theaters, driving ranges, and golf courses. It also includes indoor facilities with 5,000 square feet or more in building area such as fitness centers, gymnasiums, handball, racquetball, or large tennis club facilities; ice or roller skating rinks; swimming or wave pools; miniature golf courses; bowling alleys; archery or indoor shooting ranges; and riding stables.

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Packet Pg. 1513 Attachment: ORD-Cannabis Zoning Amendments 2d (7311 : Cannabis Zoning Ordinance - Second Reading) 59 e. Small-Scale Facility. This classification includes small, generally indoor facilities that occupy less than 5,000 square feet of building area, such as billiard parlors, card rooms, game arcades, dance halls, small tennis club facilities, poolrooms, and amusement arcades.
f. Fortunetelling. An establishment where a person or persons provide fortunetelling services and demand or receive, directly or indirectly, a fee or reward, or accept any donation for the exercise or exhibition of fortunetelling services, or give an exhibition of fortunetelling services at any place where a fee, donation or reward is charged or received, directly or indirectly as a condition of entry. Fortunetelling services shall include, but not be limited to, the telling of fortunes, forecasting of futures, or furnishing of any information not otherwise obtainable by the ordinary process of knowledge, by means of any occult or psychic power, faculty or force, psychic reading, occult reading, clairvoyance, clairaudience, cartomancy, psychometry, phrenology, spirits, mediumship, seership, prophecy, augury, astrology, palmistry, necromancy, mindreading, tarot card readings, tea leaves, telepathy or other craft, art, science, cards, talisman, charm, potion, magnetism, magnetized article or substance, crystal gazing, or magic of any kind or nature.

8. Eating and Drinking Establishments. Businesses primarily engaged in selling and serving prepared food and/or beverages for consumption on or off the premises.
a. Bar/Night Club/Lounge. Businesses that are licensed by the State to serve alcoholic beverages, including beer, wine and mixed drinks for consumption

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Packet Pg. 1514 Attachment: ORD-Cannabis Zoning Amendments 2d (7311 : Cannabis Zoning Ordinance - Second Reading) 60 on the premises from a liquor service facility that is physically separate from the dining area and may be operated during hours when food is not served. See Division 3, Section 9.31.040, Alcoholic Beverage Sales, for further details. b. Restaurant, Full-Service. Restaurants providing food and beverage services to patrons who order and are served while seated and pay after eating.

Takeout service may also be provided. See Division 3, Section 9.31.040, Alcoholic Beverage Sales, where applicable, for further details.
c. Restaurant, Limited-Service and Take-Out. Establishments where food and beverages may be consumed on the premises, taken out, or delivered.

This classification includes cafes, cafeterias, coffee shops, delicatessens, fastfood restaurants, sandwich shops, limited-service pizza parlors, self-service restaurants, ice cream and frozen yogurt shops, and snack bars with indoor or outdoor seating for customers. This classification includes bakeries that have tables for on-site consumption of products. It excludes catering services that do not sell food or beverages for on-site consumption (see Commercial Kitchen). See Division 3, Sections 9.31.040, Alcoholic Beverage Sales, and 9.31.280, Restaurants, Limited Service and Take Out Only, where applicable, for further details.
d. Food Hall. Establishments consisting of three or more individually licensed businesses within an enclosed building where food and beverages may be consumed on the premises, taken out, or delivered, and may also include small retail venues. Patrons may be served while seated and pay after eating, or orders may be made at a walk-up window, counter, machine, or remotely, and payment

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Packet Pg. 1515 Attachment: ORD-Cannabis Zoning Amendments 2d (7311 : Cannabis Zoning Ordinance - Second Reading) 61 made prior to food consumption. Characteristics of food halls include but are not limited to: shared entrance/lobby areas, compartmentalized spaces for individually licensed businesses, shared eating areas, shared restrooms, and shared "back of house" areas (e.g., storage, dishwashing, food preparation). Each compartmentalized space may have access to the exterior of the building, along with outdoor dining and seating areas, which may be shared with other businesses within the establishment.
e. With Drive-Through Facility. Establishments providing food and beverage services to patrons remaining in automobiles. Includes drive-up service. f. With Outdoor Dining and Seating Area. Provision of outdoor dining facilities on the same property or in the adjacent public right-of-way. See Division 3, Section 9.31.200, Outdoor Dining and Seating, for further details.

9. Equipment Rental. Establishments whose primary activity is the rental of equipment, such as medical and party equipment, to individuals and business, and whose activities may include storage and delivery of items to customers.

10. Food and Beverage Sales. Retail sales of food and beverages for off-site preparation and consumption. Typical uses include food markets, groceries, and liquor stores.
a. Convenience Market. Retail establishments that sell a limited line of groceries, prepackaged food items, tobacco, magazines, and other household goods, primarily for off-premises consumption. These establishments typically have long or late hours of operation and occupy a relatively small building. This classification includes small retail stores located on the same parcel as or operated

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Packet Pg. 1516 Attachment: ORD-Cannabis Zoning Amendments 2d (7311 : Cannabis Zoning Ordinance - Second Reading) 62 in conjunction with a Service Station but does not include delicatessens or specialty food shops. It excludes establishments that offer a sizeable assortment of fresh fruits and vegetables or fresh-cut meat (see General Market). See Division 3, Section 9.31.040, Alcoholic Beverage Sales, for further details. b. Farmers Market. A location where the primary activity is the sale of agricultural products by producers and certified producers. Sales of ancillary products may occur at the location. An open air farmers market may only be operated by a local government agency.
c. General Market. Retail food markets of food and grocery items primarily for offsite preparation and consumption. Typical uses include supermarkets and specialty food stores such as retail bakeries; candy, nuts and confectionary stores; meat or produce markets; vitamin and health food stores; cheese stores; and delicatessens. This classification may include small-scale specialty food production with retail sales such as pasta shops. See Division 3, Sections 9.31.040, Alcoholic Beverage Sales, and 9.31.150, General Markets in Residential Districts, where applicable, for further details. d. Liquor Store. Establishments primarily engaged in selling packaged alcoholic beverages for off-site consumption. See Division 3, Section 9.31.040, Alcoholic Beverage Sales, for further details.

11. Funeral Parlor and Mortuary. An establishment primarily engaged in the provision of services involving the care, preparation, or disposition of human remains and conducting memorial services. Typical uses include a crematory, columbarium, mausoleum, or mortuary.

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Packet Pg. 1517 Attachment: ORD-Cannabis Zoning Amendments 2d (7311 : Cannabis Zoning Ordinance - Second Reading) 63 12. Home Occupation. A use that is incidental and secondary to the primary residential use of a dwelling and compatible with surrounding residential uses. These uses include business, professional, and creative offices, food production, limited personal services, and urban agriculture. See Division 3, Section 9.31.160, Home Occupations for further details.

13. Instructional Services. Establishments that offer specialized programs in personal growth and development, typically in a classroom setting. Typical uses include classes or instruction in music, health, athletics, art, or academics. Instructional Services may include rehearsal studios as an accessory use. This use type excludes Colleges and Trade Schools and facilities that offer instructional services (see General Personal Services). This use type also excludes gyms, exercise clubs, or studios offering performing arts, martial arts, physical exercise, or yoga training and similar types of instruction. See Personal Services-Physical Training.

14. Live-Work. A unit that combines a work space and incidental residential space occupied and used by a single household in a structure that has been constructed for such use or converted from commercial or industrial use and structurally modified to accommodate residential occupancy and work activity in compliance with the Building Code. The working space is reserved for and regularly used by one or more occupants of the unit. See Division 3, Section 9.31.170, Live-Work Units, for further details.

15. Lodging. An establishment providing overnight accommodations to transient patrons who maintain a permanent place of residence elsewhere for payment for periods of 30 consecutive calendar days or less.

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Packet Pg. 1518 Attachment: ORD-Cannabis Zoning Amendments 2d (7311 : Cannabis Zoning Ordinance - Second Reading) 64 a. Bed and Breakfast. A residential structure that is in residential use in which the property owner or manager lives on site and within which up to 4 bedrooms are rented for overnight lodging and where meals may be provided. See Division 3, Section 9.31.090, Bed and Breakfasts, for further details. b. Hotel and Motel. An establishment providing temporary lodging to transient patrons. These establishments may provide additional services, such as conference and meeting rooms, restaurants, bars, or recreation facilities available to guests or to the general public. This use classification includes motor lodges, motels, apartment hotels, hostels and tourist courts, but does not include rooming houses, boarding houses, or private residential clubs, single-room occupancy housing, or bed and breakfast establishments within a single-unit residence. c. Vacation Rental. A property with a dwelling unit or guest house intended for permanent occupancy that is available for rent or hire for any person other than the primary owner for transient use for 30 days or less or is otherwise occupied or utilized on a transient basis for 30 days or less. Vacation rental does not include a Bed and Breakfast as defined above.

16. Maintenance and Repair Service. Establishments engaged in the maintenance or repair of office machines, household appliances, furniture, and similar items. This classification excludes maintenance and repair of motor vehicles or boats (see Automotive/Vehicle Sales and Services) and personal apparel (see Personal Services).

17. Mobile Food Truck Off-Street Venue. A location where the commercial vending of food occurs from parked vehicles.

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Packet Pg. 1519 Attachment: ORD-Cannabis Zoning Amendments 2d (7311 : Cannabis Zoning Ordinance - Second Reading) 65 18. Nursery and Garden Center. Establishments primarily engaged in retailing nursery and garden products—such as trees, shrubs, plants, seeds, bulbs, and sod—that are predominantly grown elsewhere. These establishments may sell a limited amount of a product they grow themselves. Fertilizer and soil products are stored and sold in packaged form only.

19. Offices. Offices of firms, organizations (for-profit and nonprofit), and public agencies providing professional, executive, management, administrative or design services, such as accounting, architectural, computer software design, engineering, graphic design, interior design, investment, insurance, and legal offices, excluding banks and savings and loan associations with retail banking services (see Banks and Financial Institutions). This classification also includes offices where medical and dental services are provided by physicians, dentists, chiropractors, acupuncturists, optometrists, and similar medical professionals, including medical/dental laboratories within medical office buildings but excluding clinics or independent research laboratory facilities (see Research and Development) and hospitals (see Hospital and Clinic). a. Business and Professional. Offices of firms, organizations, or agencies providing professional, executive, management, administrative, financial, accounting, or legal services, but excluding those that primarily provide direct services to patrons that visit the office (see Offices, Walk-In Clientele). b. Creative. Offices, production spaces, and work spaces of establishments that are in the business of the development, publishing, production, or distribution of creative property, including, but not limited to, advertising, architectural services, broadcasting, communications, computer software design,

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Packet Pg. 1520 Attachment: ORD-Cannabis Zoning Amendments 2d (7311 : Cannabis Zoning Ordinance - Second Reading) 66 media content, entertainment, engineering, fashion design, film distribution, graphic design, interior design, internet content, landscape design, photography, and similar uses.
c. Medical and Dental. Offices providing consultation, diagnosis, therapeutic, preventive, or corrective personal treatment services by doctors and dentists; medical and dental laboratories that see patients; and similar practitioners of medical and healing arts for humans licensed for such practice by the State of California. Incidental medical and/or dental research within the office is considered part of the office use if it supports the on-site patient services. d. Walk-In Clientele. Offices predominantly providing direct services to patrons or clients and do not require appointments. This use classification includes employment agencies, insurance agent offices, real estate offices, travel agencies, utility company offices, and offices for elected officials. It does not include banks or check-cashing facilities, which are separately classified and regulated (see Banks and Financial Institutions).

20. Parking, Public or Private. Structures and surface lots offering parking for a fee when such use is not incidental to another on-site activity.

21. Personal Service.
a. General Personal Services. Provision of recurrently needed services of a personal nature. This classification includes barber shops and beauty salons, seamstresses, tailors, dry cleaning agents (excluding large-scale bulk cleaning plants), shoe repair shops, self-service laundries, video rental stores, photocopying and photo finishing services, and travel agencies mainly intended

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Packet Pg. 1521 Attachment: ORD-Cannabis Zoning Amendments 2d (7311 : Cannabis Zoning Ordinance - Second Reading) 67 for the consumer. This classification also includes massage establishments that are in full compliance with the applicable provisions of Chapter 6.104, Massage Regulations, of the Santa Monica Municipal Code, and in which all persons engaged in the practice of massage are certified pursuant to the California Business and Professions Code Section 4612. This classification does not include gyms, exercise clubs, or studios offering performing arts, martial arts, physical exercise, or yoga training and similar types of instruction. See Division 3, Section

9.31.230, Personal Service, for further details.
b. Personal Services, Physical Training. Gyms, exercise clubs, or studios less than 5,000 square feet offering martial arts, physical exercise, yoga training and similar types of instruction to classes and groups. This classification also includes exclusively youth-serving studios of less than 3,000 square feet offering performing arts, dance, martial arts, physical exercise, and similar types of instruction to classes and groups of more than 5 persons. c. Tattoo or Body Modification Parlor. An establishment whose principal business activity is one or more of the following: (i) using ink or other substances that result in the permanent coloration of the skin through the use of needles or other instruments designed to contact or puncture the skin; or (ii) creation of an opening in the body of a person for the purpose of inserting jewelry or other decoration. See Division 3, Section 9.31.230, Personal Service, for further details.

22. Retail Sales.
a. Building Materials and Services. Retail sales or rental of building supplies or equipment. This classification includes lumberyards, tool and

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Packet Pg. 1522 Attachment: ORD-Cannabis Zoning Amendments 2d (7311 : Cannabis Zoning Ordinance - Second Reading) 68 equipment sales or rental establishments, and includes establishments devoted principally to taxable retail sales to individuals for their own use. This definition does not include Construction and Material Yards, hardware stores less than 10,000 square feet or establishments engaged in the business of selling, leasing, or otherwise transferring any firearm or ammunitions.
b. General Retail Sales, Small-Scale. The retail sale or rental of merchandise not specifically listed under another use classification. This classification includes retail establishments with 25,000 square feet or less of sales area; including department stores, clothing stores, furniture stores, pet supply stores, small hardware and garden supply/nurseries stores (with 10,000 square feet or less of floor area), and businesses retailing goods including, but not limited to, the following: toys, hobby materials, handcrafted items, jewelry, cameras, photographic supplies and services (including portraiture and retail photo processing), medical supplies and equipment, pharmacies, electronic equipment, sporting goods, kitchen utensils, hardware, appliances, antiques, art galleries, art supplies and services, paint and wallpaper, carpeting and floor covering, office supplies, bicycles, video rental, and new automotive parts and accessories (excluding vehicle service and installation). Retail sales may be combined with other services such as office machine, computer, electronics, and similar smallitem repairs. See Division 3, Sections 9.31.210, Outdoor Newsstands, and

9.31.220, Outdoor Retail Display and Sales, where applicable, for further details. c. General Retail Sales, Medium-Scale. The retail sale or rental of merchandise not specifically listed under another use classification. This

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Packet Pg. 1523 Attachment: ORD-Cannabis Zoning Amendments 2d (7311 : Cannabis Zoning Ordinance - Second Reading) 69 classification includes retail establishments with more than 25,000 square feet but not more than 80,000 square feet of sales area.
d. General Retail Sales, Large-Scale. Retail establishments with over 80,000 square feet of sales area that sell merchandise and bulk goods for individual consumption, including membership warehouse clubs, where sales of grocery items do not occupy more than 25% of the floor area. e. Cannabis Retailer. A licensed premises which is a physical location from which retail cannabis or cannabis products are intended to be sold. The premises may be closed to the public; sales may be made exclusively by delivery.

Subject to the provisions of SMMC Section 9.31.095, cannabis retailers that are licensed and regulated by Business and Professions Code Section 26000 et seq and as amended from time to time shall be permitted to deliver or sell adult-use cannabis or adult-use cannabis products to persons 21 years of age and over or medicinal cannabis or cannabis products to persons 18 years of age and over with a physician’s recommendation.
f. Pawn Shop. Establishments engaged in the buying or selling of new or secondhand merchandise and offering loans in exchange for personal property. g. Swap Meet. Any indoor or outdoor place, in an approved location, or for an approved activity where new or used goods or secondhand personal property is offered for sale or exchange to the general public by a multitude of individual licensed vendors, usually in compartmentalized spaces. The term swap meet is interchangeable with and applicable to: flea markets, auctions, open air markets, outdoor sales activities, or other similarly named or labeled activities; but

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Packet Pg. 1524 Attachment: ORD-Cannabis Zoning Amendments 2d (7311 : Cannabis Zoning Ordinance - Second Reading) 70 does not include supermarket or department store retail operations. See Division 3, Sections 9.31.360, Swap Meets, and 9.31.220, Outdoor Retail Display and Sales, for further details.

23. Restaurants. See Eating and Drinking Establishments.

24. Sexually-Oriented Business. See Chapter 9.59, Sexually-Oriented Businesses, for details.

C. Industrial Use Classifications.

1. Artist's Studio. Work space for an artist or artisan, including individuals practicing one of the fine arts or performing arts, or an applied art or craft. This use may include incidental display and retail sales of items produced on the premises and instructional space for small groups of students. It does not include joint living and working units (see Live-Work).
a. Studio-Light. Small-scale art production that is generally of a low impact. Typical uses include painting, photography, jewelry, glass, textile, and pottery studios.
b. Studio-Heavy. Art production on a medium or large scale generally using heavy equipment. Typical uses include large-scale metal and woodworking studios.

2. Commercial Kitchen. Kitchens used for the preparation of food to be delivered and consumed off-site. Typical uses include catering facilities. This classification does not include businesses involved in the processing or manufacturing of wholesale food products (see Industry, Limited).

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Packet Pg. 1525 Attachment: ORD-Cannabis Zoning Amendments 2d (7311 : Cannabis Zoning Ordinance - Second Reading) 71 3. Construction and Material Yard. Storage of construction materials or equipment on a site other than a construction site.

4. Industry, General. Manufacturing of products from extracted or raw materials or recycled or secondary materials, or bulk storage and handling of such products and materials. This classification includes operations such as agriculture processing; biomass energy conversion; production apparel manufacturing; photographic processing plants; leather and allied product manufacturing; wood product manufacturing; paper manufacturing; chemical manufacturing; plastics and rubber products manufacturing; nonmetallic mineral product manufacturing; primary metal manufacturing; fabricated metal product manufacturing; and automotive and heavy equipment manufacturing.

5. Industry, Limited. Establishments engaged in light industrial activities taking place primarily within enclosed buildings and producing minimal impacts on nearby properties. This classification includes the manufacturing of finished parts or products primarily from previously prepared materials; commercial laundries and dry cleaning plants; monument works; printing, engraving, and publishing; sign painting shops; machine and electrical shops; computer and electronic product manufacturing; furniture and related product manufacturing; and industrial services. It also includes the preparation, manufacturing, and/or packaging of food, medicinal cannabis, and medicinal cannabis products for off-site use or consumption using nonvolatile solvents, or no solvents. Typical food manufacturing uses include canners, roasters, breweries, wholesale bakeries, and frozen food manufacturers.

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Packet Pg. 1526 Attachment: ORD-Cannabis Zoning Amendments 2d (7311 : Cannabis Zoning Ordinance - Second Reading) 72 6. Media Production. Establishments engaged in the production of movies, video, music and similar forms of intellectual property. Typical facilities include movie and recording studios and production facilities, distribution facilities, editing facilities, catering facilities, printing facilities, post-production facilities, set construction facilities, sound studios, special effects facilities and other entertainment-related production operations.

This classification does not include facilities for live audiences (see Commercial Entertainment and Recreation) or transmission and receiving equipment for radio or television broadcasting (see Communication Facility).
a. Support Facility. Administrative and technical production support facilities such as offices, editing and sound recording studios, film laboratories, and similar functions that occur entirely within a building. b. Full-Service Facility. Indoor and outdoor production facilities, distribution facilities, post-production facilities, set construction facilities, sound stages, special effects facilities, and other media-related production operations.

7. Recycling Facility. A facility for receiving, temporarily storing, transferring and/or processing materials for recycling, reuse, or final disposal. This use classification does not include waste transfer facilities that operate as materials recovery, recycling, and solid waste transfer operations and are classified as utilities (see Utilities, Major). See Division 3, Section 9.31.260, Recycling Facilities, for further details. a. Recycling Collection Facility. An incidental use that serves as a neighborhood drop-off point for the temporary storage of recyclable materials but where the processing and sorting of such items is not conducted on site.

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Packet Pg. 1527 Attachment: ORD-Cannabis Zoning Amendments 2d (7311 : Cannabis Zoning Ordinance - Second Reading) 73 b. Recycling Processing Facility. A facility that receives, sorts, stores and/or processes recyclable materials.

8. Research and Development. A facility for scientific research and the design, development, and testing of electrical, electronic, magnetic, optical, pharmaceutical, chemical, and biotechnology components and products in advance of product manufacturing. This classification includes assembly of related products from parts produced off site where the manufacturing activity is secondary to the research and development activities.

9. Salvage and Wrecking. Storage and dismantling of vehicles and equipment for sale of parts, as well as their collection, storage, exchange or sale of goods, including, but not limited to any used building materials, used containers or steel drums, used tires, and similar or related articles or property.

10. Warehousing, Storage, and Distribution. Storage and distribution facilities without sales to the public on-site or direct public access except for public storage in small individual space exclusively and directly accessible to a specific tenant. a. Chemical, Mineral, and Explosives Storage. Storage and handling of hazardous materials including, but not limited to: bottled gas, chemicals, minerals and ores, petroleum or petroleum-based fuels, fireworks, and explosives. b. Indoor Warehousing and Storage. Storage within an enclosed building of commercial goods prior to their distribution to wholesale and retail outlets and the storage of industrial equipment, products and materials. This classification also includes cold storage, draying or freight, moving and storage,

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Packet Pg. 1528 Attachment: ORD-Cannabis Zoning Amendments 2d (7311 : Cannabis Zoning Ordinance - Second Reading) 74 and warehouses. It excludes the storage of hazardous chemical, mineral, and explosive materials.
c. Outdoor Storage. Storage of vehicles or commercial goods or materials in open parcels.
d. Personal Storage. Facilities offering enclosed storage with individual access for personal effects and household goods, including mini-warehouses and mini- storage. This use excludes workshops, hobby shops, manufacturing, or commercial activity.
e. Wholesaling and Distribution. Indoor storage and sale of goods to other firms for resale; storage of goods for transfer to retail outlets of the same firm; or storage and sale of materials and supplies used in production or operation, including janitorial and restaurant supplies. Wholesalers are primarily engaged in business- to-business sales, but may sell to individual consumers through mail or internet orders. They normally operate from a warehouse or office having little or no display of merchandise, and are not designed to solicit walk-in traffic. This classification does not include wholesale sale of building materials (see Building Materials and Services).

D. Transportation, Communication, and Utilities Use Classifications.

1. Airports and Heliports. Facilities for the takeoff and landing of airplanes and helicopters, including runways, helipads, aircraft storage buildings, public terminal buildings and parking, air freight terminals, baggage handling facilities, aircraft hangar and public transportation and related facilities, including bus operations, servicing and storage. This classification also includes support activities such as fueling and

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Packet Pg. 1529 Attachment: ORD-Cannabis Zoning Amendments 2d (7311 : Cannabis Zoning Ordinance - Second Reading) 75 maintenance, storage, airport operations and air traffic control, incidental retail sales, coffee shops and snack shops, and airport administrative facilities, including airport offices, terminals, operations buildings, communications equipment, buildings and structures, control towers, lights, and other equipment and structures required by the United States Government and/or the State for the safety of aircraft operations.

2. Bus/Rail Passenger Station. Facilities for passenger transportation operations. This classification includes rail and bus stations and terminals but does not include terminals serving airports or heliports. Typical uses include ticket purchasing and waiting areas out of the public right-of-way, restrooms, and accessory uses such as cafés.

3. City Bikeshare Facility. Land and equipment used for the operation or maintenance of a network of publicly-owned and publicly-available bicycles in a bikeshare system in the City of Santa Monica. These facilities may include stations, hubs, parking facilities, payment/customer service kiosks, map stands, and helmet vending.

4. Communication Facilities. Facilities for the provision of broadcasting and other information relay services through the use of electronic and telephonic mechanisms. a. Antenna and Transmission Tower. Broadcasting and other communication services accomplished through electronic or telephonic mechanisms, as well as structures designed to support one or more reception or transmission systems. Typical uses include radio towers and television towers.

Notwithstanding the foregoing, facilities described in Chapter 9.32, including, without limitation, personal wireless service facilities and over-the-air reception devices ("OTARDs") shall not be considered antenna and transmission towers for purposes of this use classification and shall only be subject to the applicable

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Packet Pg. 1530 Attachment: ORD-Cannabis Zoning Amendments 2d (7311 : Cannabis Zoning Ordinance - Second Reading) 76 provisions and permit requirements in Chapter 9.32, Personal Wireless Service Facilities.
b. Equipment Within Buildings. Indoor facilities containing primarily communication equipment and storage devices such as computer servers.

5. Freight/Truck Terminal and Warehouse. Facilities for freight, courier, and postal services by truck or rail. This classification does not include local messenger and local delivery services (see Light Fleet-Based Service).

6. Light Fleet-Based Service. Passenger transportation services, local delivery services, medical transport, and other businesses that rely on fleets of 3 or more vehicles with rated capacities less than 10,000 lbs. This classification includes parking, dispatching, and offices for taxicab and limousine operations, ambulance services, nonemergency medical transport, local messenger and document delivery services, home cleaning services, and similar businesses. This classification does not include towing operations (see Automobile/Vehicle Sales and Service, Towing and Impound) or taxi or delivery services with 2 or fewer fleet vehicles on site (see Business Services).

7. Utilities, Major. Generating plants, electric substations, and solid waste collection, including transfer stations and materials recovery facilities, solid waste treatment and disposal, water or wastewater treatment plants, and similar facilities of public agencies or public utilities.

8. Utilities, Minor. Facilities necessary to support established uses involving only minor structures, such as electrical distribution lines, and underground water and sewer lines.

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Packet Pg. 1531 Attachment: ORD-Cannabis Zoning Amendments 2d (7311 : Cannabis Zoning Ordinance - Second Reading) 77 9. Waste Transfer Facility. A facility that operates as a materials recovery, recycling and solid waste transfer operation providing solid waste recycling and transfer services for other local jurisdictions and public agencies that are not located within the City. The facility sorts and removes recyclable materials (including paper, metal, wood, inert materials such as soils and concrete, green waste, glass, aluminum and cardboard) through separation and sorting technologies to divert these materials from the waste stream otherwise destined for landfill.

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Packet Pg. 1532 Attachment: ORD-Cannabis Zoning Amendments 2d (7311 : Cannabis Zoning Ordinance - Second Reading) City Council
Report
City Council Meeting: September 30, 2025
Agenda Item: 4.L
1 of 5
To: Mayor and City Council
From: Jing Yeo, Director, Administration
Subject: Award RFP #456 and Professional Services Agreement to Playfly, LLC for Economic Analysis of Potential Digital Display District 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#456 to Playfly, LLC for economic consulting services for the Community Development Department;

3. Authorize the City Manager to negotiate and execute an agreement with Playfly, LLC for an amount not to exceed $226,750 over a 5-year period.

Summary
During the past few months, staff has been working to develop a new ordinance to establish a Digital Billboard District for the Third Street Promenade and Santa Monica Place shopping center. To support the forthcoming ordinance, an economic study is necessary to analyze the economic effects of future large format, off-site digital billboards.

Staff recommends that RFP #456 be awarded to Playfly, LLC for the preparation of the economic study and assistance in development agreement negotiations for future digital billboards. The direct City costs for work associated with the economic study amounts to $51,750. In addition, funding in an amount not to exceed $175,000 is also being requested for the contract, which are associated with costs that would be charged to applicants seeking to install digital billboards in the proposed Digital Billboard District.

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Each applicant / agreement developed for a digital billboard would be assessed $17,500, with the contract with Playfly assuming up to ten agreements total, for the total $175,000 additional allocation. To that end, the total contract with Playfly assumes a total amount not to exceed $226,750 over a five-year period.

Discussion
The City has received four development agreement applications for the installation of new large format digital, off-site displays in the City’s Downtown. Since the City’s Municipal Code does not permit such large scale, digital billboards that displays off-site advertising, development agreements were submitted for the installation of these digital displays. Signage in the City of Santa Monica is currently regulated under Chapter 9.61 of the Santa Monica Municipal Code. The Sign Code currently prohibits free-standing signs such as billboards and also prohibits offsite signage.

On June 10, 2025, City Council directed staff to proceed with establishing a new ordinance for a digital signage district for the Promenade, inclusive of the Santa Monica Place Shopping Center. The new ordinance would establish new regulations and standards to govern the installation of large scale, off site digital billboards. Once adopted, the new ordinance would facilitate processing of the pending and future development agreement applications for digital billboards.

To support the forthcoming ordinance, an economic study is necessary to assess anticipated revenue generation from the digital billboards and potential advertising saturation. The study would provide a comprehensive analysis of the potential economic effects of the new Digital Billboard District Ordinance, focusing on two primary areas:
• Estimating the potential revenue that could be generated within the digital advertising market, and

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• Assessing the potential effects of advertising saturation on consumer engagement, advertiser return on investment, and overall market dynamics.

The study will be used to inform the ordinance's regulatory framework as well as negotiation of the pending and future development agreements.

On July 24, 2025, a Request for Proposals (RFP) was issued for economic consulting services to provide an economic study for the proposed Digital Billboard District Ordinance and to provide as needed consulting services to assist the City in negotiating future digital billboard development agreements.

Vendor Selection
Bidder Recommendation
Best Qualified Firm Playfly, LLC
Evaluation Criteria Experience/technical competence with digital advertising economics and experience in municipal projects; project understanding and proposed work plan(s)/timeline(s) to
carry out the work; project team; and cost.

Municipal Code SMMC 2.24.190
RFPs Received
Boundless View Collective, Inc Playfly, LLC The Superlative Group RFP Data
Posted On Posted On Vendors Downloaded Date Publicly
Opened
July 24, 2025 City’s Online
Bidding Site
31 August 21, 2025
Justification to Award
The proposals were reviewed by an evaluation committee, consisting of staff from the City Planning Division. Based on the evaluation criteria, staff recommends Playfly, LLC as the best-qualified firm based on Playfly’s lowest bid, extensive experience in providing economic services for similar digital billboard programs, such as in the City of West Hollywood, and expedited workplan timeline.

Environmental Review

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The award contract 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 award contract would not result in any adverse physical environmental effects as it encompasses economic consulting services for the forthcoming digital billboard district ordinance. Therefore, the award contract is exempt from CEQA and no further environmental review under CEQA is required.

Past Council Actions
Meeting Date Description
06/10/2025
(Attachment A)
Large Format Digital Signage Study Session
Financial Impacts and Budget Actions
Staff seeks authority to approve available funding from the General Fund to award a contract with Playfly, LLC to provide economic consulting services.

Contract Request
FY 2025-26 Budget Request Amount Department Account # Total Contract Amount $51,750 01700002.552010 $51,750
Total $51,750
The remaining balance of the contract, not to exceed $175,000, will be charged to applicants of pending and future digital billboard development agreements on an asneeded basis. Each agreement will be assessed $17,500, with the contract assuming up to ten agreements in total. Payments to the consultant will be administered as passthrough transactions. Developers will deposit funds with the City, and the City will forward those funds directly to the consultant. Because the City is not financially responsible for these costs, the payments will be recorded in a pass-through account and will not affect the City’s operating revenues or expenditures. This approach ensures transparency, avoids inflating the City’s budget, and reflects the City’s limited role as an intermediary between developers and the consultant.

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Prepared By: Rachel Kwok, Environmental Planner
Approved Forwarded to Council
Attachments:

A. Large Format Digital Signage Study Session (Web Link)

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City Council
Report
City Council Meeting: September 30, 2025
Agenda Item: 4.M
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To: Mayor and City Council
From: Darrick Jacob, Interim Police Chief, Police Department Subject: Introduction and First Reading of an Ordinance Amending Santa Monica Municipal Code Section 4.04.155 and Adding Section 4.04.405 Relating to Obligations After a Dog Bite Causes Injury to Persons or Animals 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; and

2. Introduce for first reading the attached Ordinance amending Santa Monica Municipal Code Section 4.04.155 and adding Section 4.04.405 to provide private remedies when a dog maintained in violation of the leash law bites another animal or person, and to require dog owners to share information after dog bites causing injury to persons or animals.

Summary
Staff proposes amending the City’s “leash law”, Santa Monica Municipal Code Section

4.04.155, to provide a clear civil remedy when a dog bites a person or other animal in public when off leash. Staff further proposes adding new Section 4.04.405 to require dog owners to provide their contact information and dog’s rabies vaccination information to a person or owner of an animal bitten by their dog, and to provide civil and criminal remedies when a dog owner fails to do so. Section 4.04.405 would further permit the City to release the contact and rabies vaccination information to the person entitled to receive if the City is in possession of the information and the dog owner fails to provide it.

Background

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Under California Civil Code Section 3342, dog owners in California are strictly liable for damages resulting from bites to humans but are generally liable for damages resulting from dog bites to other animals if they were negligent in handling the dog. Under California Penal Code Section 398, dog owners must provide their contact information and rabies vaccination information to a person bitten by their dog, but are not required to do so if their dog only bites another animal. Failure to provide the required contact and rabies vaccination information to a person bitten is punishable as an infraction and a fine of up to $100. State law does not provide a remedy for the person who was bitten to pursue against the dog owner if the dog owner fails to provide the required information.

The City has received complaints from residents about dog versus dog incidents resulting in injury where the person having control or custody of the dog causing the injury failed to provide contact information to the owner of the injured dog. In these situations, the dog bite victim is left with very few options to hold the biting dog owner responsible for harm caused by the bite. In response to these complaints, staff proposes amendments to the Municipal Code that would give Animal Control Officers and members of the public greater tools to enforce codes to protect against the harm caused by dog bites.

Discussion
The attached proposed ordinance would amend the City’s “leash law”, Santa Monica Municipal Code Section 4.04.155, to include language that would entitle a person or owner of animal bitten by a dog when the dog is kept off leash in public, which is in violation of the leash law, to bring a private civil action and recover $1,000 or actual damages, whichever is greater. The proposed amendment will facilitate enforcement actions brought directly by persons who are injured by dogs illegally off leash and help enforce the City’s leash regulations, which are designed to protect members of the public from the dangers of unrestrained animals in public. The proposed amendment would also ensure that persons harmed by dog bites are able to recover a reasonable minimum amount of money to compensate for their harm of the dog bite. In the event medical expenses and other direct costs are nominal or difficult to establish, they would

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be able to recover a minimum of $1,000, but the ordinance would not limit their recovery if the person harmed can prove actual damages that exceed this amount.

The attached proposed amendment would also clarify language adopted in May 2025 that permits dogs used by Fire and Police Department staff while performing official duties as authorized by the Fire or Police Chief to be off leash in public.

The attached proposed ordinance introduces the addition of section 4.04.405 to require a person owning or having custody of a dog that has bitten a person or animal causing at least one puncture wound to provide their personal contact information and the rabies vaccination information of their dog to the person injured or owner of animal injured, within 48 hours of the bite. A person who fails to provide information as required would be subject to an administrative citation, infraction, and/or statutory damages of $1,000 or actual damages. These civil damages could be pursued in a private civil action by the person who was entitled to receive the information but did not.

This new section would therefore extend the requirement under state law that owners provide their contact information and the dog’s rabies vaccination information when their dog bites another person breaking the skin, to situations when the dog bites another animal and causes at least one puncture. Staff proposes requiring that the bite cause at least one puncture, as is required under state law for bites to persons, because there are many instances in which dogs interact and bite but do not puncture skin, and it would be infeasible to require the exchange of information in every case. The ordinance would also entitle a person who has not received the necessary contact information to file a civil action for damages, which is not currently an option under state law. Finally, the ordinance would authorize the City to release the required information to the person entitled to receive it, to the extent the City is in possession of that information and the dog owner failed to provide it to the person entitled to receive it.

These amendments would facilitate civil dispute resolution by ensuring dog bite victims have the necessary information to contact dog owners that may be responsible for harms caused by bites and take measures to protect their health.

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Apart from broadening the application of these sections, the proposed amendment and addition would not change the basic approach for Animal Control staff. After receiving information that a particular dog had bitten a human or other animal, an Animal Control Officer would investigate. If the investigation showed that the animal had caused injury of at least one puncture wound to a human or animal, the officer would assist in obtaining the information from the person having custody or control of the dog that bit.

Failure to comply with the request from the officer would result in an infraction or administrative citation.

Environmental Review
The proposed ordinance is categorically exempt from the provisions of California Environmental Quality Act (CEQA) pursuant to Section 15061(b)(3) of the State Implementation Guidelines (common sense exemption). Based on the evidence in the record, it can be seen with certainty that there is no possibility that the proposed ordinance may have a significant effect on the environment. Authorizing individuals to maintain a private civil action for damages and recover a minimum statutory damages amount. and requiring dog owners to disclose their contact information and their dog’s rabies vaccination status information after a bite to a person or animal breaking skin, will not have a significant impact on the environment.

Past Council Actions
Meeting Date Description
08/03/2004
(attachment A)
Adoption of Ordinance Amending Santa Monica Municipal
Code Sections 4.04.150 and 4.04.160, and Adding Sections

4.04.155, 4.04.165, 4.04.166, and 4.04.415 to the Municipal Code Restriction Animals At Large, Regulating Dogs on
Public Property, Prohibiting Dogs in Specified Areas and Feeding in Off-Leash Areas, and Modifying Provisions on Vicious Dogs (Ord. No. 2137 (CCS))
05/27/2025
(attachment B)
Adoption of Ordinance Amendment Santa Monica Municipal
Code Sections 4.04.070, 4.04.080, 4.04.090, 4.04.100,

4.04.110, 4.04.140, 4.04.150, 4.04.155, 4.04.160, 4.04.170,

4.04.190, 4.04.230, 4.04.260, 4.04.280, 4.04.290, 4.04.300,

4.04.330, 4.04.340, 4.04.360, 4.04.370, 4.04.415, AND

4.12.090,Adding Sections 4.04.145, AND 4.04.265 and
Repealing Sections 4.04.250, 4.04.380, and 4.04.410

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Relating to Animal Control Matters (Ord. No. 2813 (CSS)) Financial Impacts and Budget Actions
There is no immediate financial impact or budget action necessary as a result of the recommended action.

Prepared By: Jose Arroyo, Senior Administrative Analyst Approved Forwarded to Council
Attachments:

A. August 10, 2004 - Ordinance 2137
B. May 27, 2025 - Ordinance 2813
C. Proposed Ordinance - SMMC 4.04.155 and 4.04.405

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f:\atty\muni\ laws\ mjm\ animalsamend2d- 1. doc
City Council Meeting 8- 10-04 Santa Monica, California
ORDINANCE NUMBER 2137 CCS)
City Council Series)

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF

SANTA MONICA AMENDING SANTA MONICA MUNICIPAL CODE SECTIONS

4. 04. 150, 4. 04. 160, 4. 04. 170, 4. 04. 390 AND 4. 04.410, ADDING SECTIONS 4. 04. 155,

4. 04. 166 AND 4. 04.415 TO THE MUNICIPAL CODE, AND REPEALING SANTA MONICA MUNICIPAL CODE SECTION 3.04. 110 RESTRICTING ANIMALS AT

LARGE, REGULATING DOGS ON PUBLIC PROPERTY, PROHIBITING DOGS IN

SPECIFIED AREAS AND FEEDING IN OFF-LEASH AREAS, AND MODIFYING

PROVISIONS ON VICIOUS DOGS
WHEREAS, many Santa Monica residents enrich their lives by sharing their households with dogs, cats and other animal companions; and WHEREAS, the City Council wishes to provide those residents with opportunities to use public space with their animal companions; and
WHEREAS, animals roving at large on public and private space pose risks to health, safety, and community quality of life; and
WHEREAS, the City Council wishes to protect against these risks and to strike the best possible balance between opportunities available to residents with animals, their neighbors, and the community as a whole,
WHEREAS, disbursing food to animals in public parks and public streets poses risks to safety and welfare; and
1 4.M.a
Packet Pg. 1543 Attachment: August 10, 2004 - Ordinance 2137 (7313 : Animal Ordinance) WHEREAS, feeding dogs in dog parks can cause fights and otherwise threaten dogs' health; and
WHEREAS, leaving food in the ground in public parks attracts rodents and diminishes park aesthetics,

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

SECTION 1. Santa Monica Municipal Code Section 4. 04. 150 is hereby amended to read as follows:

Section 4.04.150 Animals at large.

No person having control, charge or custody of any
animal, shall permit the animal to stray, or run at large in or upon any private property without the property owner' s or occupant's permission, any unenclosed private property or any public property, except as authorized by this Chapter.

Any animal found straying or at large in or upon public property or private property may be impounded by the City.

In addition to the penalties herein above provided,
any condition caused or permitted to exist in violation of the 2 4.M.a
Packet Pg. 1544 Attachment: August 10, 2004 - Ordinance 2137 (7313 : Animal Ordinance) provisions of this Section shall be deemed a public nuisance and may be, by this City, summarily abated as such, and each day such condition continues shall be regarded as a new and separate offense.

SECTION 2. Section 4. 04. 155 is hereby added to the Santa Monica Municipal Code to read as follows:

Section 4. 04. 155. Dogs on Public Property.

No person having control, charge or custody of any
dog shall permit the dog to be upon any public property, unless the dog is:
a) in the custody and control of a competent person;
and either
b) confined in an automobile or
c) restrained by a chain or leash six feet or less in
fixed length.

Any person violating this Section shall be guilty of an infraction which shall be punishable by a fine of not less than Fifty Dollars ($ 50) per violation with each day or partial day of violation counting as a separate offense.
3 4.M.a
Packet Pg. 1545 Attachment: August 10, 2004 - Ordinance 2137 (7313 : Animal Ordinance) Notwithstanding the above, this Section shall not
apply to dogs in any area designated by resolution of the City Council for use by dogs if the person having custody or control of the dog is in compliance with posted rules
governing the use of the designated area.

SECTION 3.Santa Monica Municipal Code Section 4. 04. 160 is hereby amended to read as follows:

Section 4. 04. 160 Dogs-- Prohibited Public areas.

Except as expressly permitted by this Chapter, no
person having control, charge or custody of any dog shall permit the dog to be in or upon a school ground, public building, tot lot, playing field, tennis court, basketball court, other game court, or the beach sands lying westerly of that street commonly known as Oceanfront Walk or northerly of the westerly prolongation of the center line of California Avenue. Any person violating this Section shall be guilty of an infraction, which shall be punishable by a fine of not less than fifty dollars ($ 50) per violation with each day or partial day of violation counting as a separate offense. In addition, any such dog found in any such prohibited place may be
impounded as herein provided.
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Packet Pg. 1546 Attachment: August 10, 2004 - Ordinance 2137 (7313 : Animal Ordinance) Notwithstanding the above, this Section shall not
apply to:
1) dogs which are being used by disabled persons
as guide or service dogs, while such dogs are being used for such purposes.
2) dogs in any area designated by resolution of the
City Council for use by dogs if the person having custody or control of the dog is in compliance with posted rules
governing the use of the designated area.

SECTION 4. Section 4. 04. 166 is hereby added to the Santa Monica Municipal Code to read as follows:

Section 4. 04.166. Exception for Permitted
Community Events.

Notwithstanding the prohibitions contained in
Municipal Code Sections 4. 04. 150, 4. 04. 155, and 4. 04. 160, animals may be present on public property in accordance with the terms and conditions of a Community Events Permit issued by the City.

SECTION 5. Santa Monica Municipal Code Section 4. 04. 170 is hereby amended to read as follows:

Section 4. 04. 170 Licensing of dogs.
5 4.M.a
Packet Pg. 1547 Attachment: August 10, 2004 - Ordinance 2137 (7313 : Animal Ordinance) Every person who harbors a dog within the City shall
pay to the City an annual license tax in an amount to be established by resolution of the City Council. The City shall from time to time deliver to the person making such payment a license which shall describe the dog, together with a seal or metallic plate having thereon the number of such license, and figures indicating paid, provided the person making the payment has filed with the City a certificate indicating the dog has been vaccinated in accordance with this Chapter and state law; otherwise, a
receipt for payment shall be
issued. Duplicates shall be issued for lost tags for one dollar and fifty cents upon the filing of proof of such loss. Such metallic tags shall be attached to a collar or harness and such collar or harness with the attached tag shall be kept on such dog at all times, excepting as otherwise provided in the Code.

The license fee herein mentioned shall be due and
payable on the 2nd day of January each year and shall
expire on the 31 st day of December next ensuing. Where a dog is acquired after the 2nd day of January, the license fee thereon shall be due on the date of acquisition of such dog for such calendar year and thereafter on the 2nd day of January of each succeeding year.
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Packet Pg. 1548 Attachment: August 10, 2004 - Ordinance 2137 (7313 : Animal Ordinance) In the event that any person shall fail, neglect or
refuse to pay the required license tax before the 1 st day of April of each year, a penalty will be assessed, in addition to the prescribed license fee, in the amount of five dollars for every neutered male or spayed female dog and ten dollars for every un- neutered male or unspayed female dog.

The provisions of this Section shall not apply to:
1) Any dog not more than four months of age.
2) Owners of dogs certified as assistance dogs by
the Animal Control Division pursuant to state law.

SECTION 6.Santa Monica Municipal Code Section 4.04.390 is hereby amended to read as follows:

Section 4.04. 390 Restrictions upon feeding of
animals and birds in specified areas.

A) No person shall feed any animal or bird in the
area described in Section 3. 36. 150 of this Code or in any designated off- leash area.

B) No person shall permit any food or other matter
edible by animals or birds to remain on the ground after dispersing or dropping it in or on any park, designated offleash area, public street or sidewalk. 7 4.M.a
Packet Pg. 1549 Attachment: August 10, 2004 - Ordinance 2137 (7313 : Animal Ordinance) C) Any person violating any of the provisions of this
Section shall be guilty of an infraction. Any person convicted of an infraction under the provisions of this Section shall be punishable by a fine of not less than five dollars and not more than twenty-five dollars. Each such person shall be guilty of a separate offense for each and every commission of any violation of any provision of this Section and shall be punished accordingly.

SECTION 7. Santa Monica Municipal Code Section 4. 04.410 is hereby amended to read as follows:

Section 4. 04.410 Vicious dogs.
a) A City Animal Control Officer may issue a
written notice to a person owning or harboring a dog to keep the dog muzzled and leashed if the Animal Control Officer determines, based upon clear and convincing evidence, that the dog is vicious or predatory in nature.
b) No person owning or harboring any dog that
has been determined to be vicious or predatory shall allow or permit such dog to be upon the public streets, public
sidewalks, public parks, or any other public place within the City, or upon any private property which is not fully enclosed 8 4.M.a
Packet Pg. 1550 Attachment: August 10, 2004 - Ordinance 2137 (7313 : Animal Ordinance) by fence or other barrier, except when muzzled and held under leash by an able bodied person.
c) Any person violating any of the provisions of this
Section shall be guilty of an infraction. Any person convicted of an infraction under the provisions of this Section shall be punishable by a fine of not less than five dollars and not more than twenty-five dollars. Each such person shall be guilty of a separate offense for each and every commission of any violation of any provision of this Section and shall be punished accordingly.

SECTION 8.Section 4. 04.415 is hereby added to the Santa Monica Municipal Code to read as follows:

Section 4.04. 415. Appeals.

Any animal owner who is aggrieved by a decision of
the Animal Control Officer made pursuant to Municipal Code Section 4. 04. 280 or 4. 04.410 may obtain review of that determination by filing a notice of appeal with the Chief of Police who shall, after providing notice and an opportunity to be heard, render a final decision.

SECTION 9.Santa Monica Municipal Code Section 3.04. 110 is hereby repealed in its entirety.
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Packet Pg. 1551 Attachment: August 10, 2004 - Ordinance 2137 (7313 : Animal Ordinance) SECTION 10. 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 11. If any section, subsection, sentence, clause, or phrase of this Ordinance is for any reason held to be invalid or unconstitutional by a decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this Ordinance. The City Council hereby declares that it would have passed this Ordinance and each and every section, subsection, sentence, clause, or phrase not declared invalid or unconstitutional without regard to whether any portion of the ordinance would be subsequently declared invalid or unconstitutional.

SECTION 12. 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:
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Packet Pg. 1552 Attachment: August 10, 2004 - Ordinance 2137 (7313 : Animal Ordinance) Approved and adopted this 10th day of August, 2004.

Richard Bloom, Mayor
State of California
County of Los Angeles) ss.

City of Santa Monica )
I, Maria M. Stewart, City Clerk of the City of Santa Monica, do hereby certify that the foregoing Ordinance No. 2137 (CCS) had its introduction on August 3, 2004, and was adopted at the Santa Monica City Council meeting held on August 10, 2004, by the following vote:

Ayes: Council members: Mayor Pro Tem McKeown, Genser, Feinstein, O' Connor
Noes: Council members: None
Abstain: Council members: None

Absent: Council members: Mayor Bloom, Katz, Holbrook
ATTEST:

Maria M. Stewart, City lerk
11 4.M.a
Packet Pg. 1553 Attachment: August 10, 2004 - Ordinance 2137 (7313 : Animal Ordinance) 1 City Council Meeting: May 27, 2025 Santa Monica, California ORDINANCE NUMBER 2813 (CCS)
City Council Series)

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA AMENDING SANTA MONICA MUNICIPAL CODE SECTIONS 4.04.070, 4.04.080,

4.04.090, 4.04.100, 4.04.110, 4.04.140, 4.04.150, 4.04.155, 4.04.160, 4.04.170,

4.04.190, 4.04.230, 4.04.260, 4.04.280, 4.04.290, 4.04.300, 4.04.330, 4.04.340,

4.04.360, 4.04.370, 4.04.415, AND 4.12.090, ADDING SECTIONS 4.04.145, AND

4.04.265, AND REPEALING SECTIONS 4.04.250, 4.04.380, AND 4.04.410 TO THE

SANTA MONICA MUNICIPAL CODE, RELATING TO ANIMAL CONTROL MATTERS WHEREAS, the Santa Monica Animal Shelter has seen an 36% increase in the intake of dogs and cats to the shelter from 2021 to 2024; and WHEREAS, the number of cat intakes to the Santa Monica Animal Shelter increased from by 52% from 2021 to 2024; and
WHEREAS, the Santa Monica Shelter has capacity to hold up to 30 dogs and 30 cats in individual kennels, which capacity can be expanded to 70 cats by sectioning off cages; and
WHEREAS, the Santa Monica Animal Shelter is frequently at approximately 90 percent capacity for dogs year-round and 100 percent for capacity for cats or kittens during peak Spring and Summer months; and
WHEREAS, the increasing dog and cat intakes threaten the ability of the Santa Monica to maintain its status at a “no kill” shelter, as the number of cats euthanized increased by 55% in 2024 over the number euthanized in 2021; and WHEREAS, the City requires that dogs over four months of age be vaccinated and licensed but does not offer an option to license cats; and Docusign Envelope ID: A4E91947- EF0F-4D0D- 9A0D- 65B76EC8D85F

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Packet Pg. 1554 Attachment: May 27, 2025 - Ordinance 2813 (7313 : Animal Ordinance) 2 WHEREAS, licensing helps to promote public and animal health and welfare by increasing vaccination against rabies, and helps to facilitate reuniting dogs with owners, thereby reducing demand on kennel space; and
WHEREAS, adopting a cat licensing program, and providing for the return of a licensed cat found at large without impounding on a first offense, would help reduce the cat intakes to the animal shelter by facilitating reuniting cats with their owners; and WHEREAS, dog licensing has declined substantially in recent years, from approximately 5,000 dog licenses issued in the City before 2020 to just 2,644 issued in 2024; and
WHEREAS, the City’s prior collaboration with local veterinarians in notifying Animal Control of vaccinated dogs was successful at improving dog licensing rates, and a similar program would also benefit cat licensing; and WHEREAS, measures to facilitate the return of unowned outdoor cats to their outdoor cat community after they are vaccinated and spayed or neutered would help reduce the population of unowned outdoor cats without requiring euthanasia, and improve the health and well-being of cats and the communities the colonies are found in; and WHEREAS, neighboring jurisdictions in Los Angeles County limit the number of cats and dogs that may be kept in a dwelling unit, but Santa Monica does not; and WHEREAS, reasonable limits on the number of cats and dogs that may be kept in a dwelling unit improve animal welfare and public health and safety by ensuring animals are not kept in overcrowded homes without adequate care or sanitation; and WHEREAS, providing explicit authority for the Animal Control Unit to seize and impound animals that are required to be quarantined after a bite under the Los Angeles Docusign Envelope ID: A4E91947- EF0F-4D0D- 9A0D- 65B76EC8D85F

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Packet Pg. 1555 Attachment: May 27, 2025 - Ordinance 2813 (7313 : Animal Ordinance) 3 County Code will clarify Animal Control Officers’ role in effectuating rabies quarantines; and
WHEREAS, the City prohibits dogs from being on the beach, to protect against healthy, safety, and welfare concerns, including that the beaches are often crowded public spaces, with no adequate place to urinate or defecate, where dogs are likely to encounter small children, among other concerns; and
WHEREAS, clarifying that the prohibition on dogs on the beach sands applies to dogs that are held by a person on the sands, or placed on any surface that is on top of beach sands, will improve compliance and enforcement of the prohibition of dogs on the beach, and improve public health, safety, and welfare; and WHEREAS, Animal Control Unit staff have encountered persons who bring cats to the beach in carrying cases, without access to adequate food, water, and a place to urinate or defecate other than the beach sand, posing risks to health and welfare and the well-being of cats; and
WHEREAS, the City wishes to protect against these risks by prohibiting cats on the beach sands to the same extent as dogs; and
WHEREAS, Animal Control Officers have encountered difficulty enforcing violations of a posted dog-park rules when dogs are off leash due to the lack of a clear affirmative duty to comply with posted rules as a condition of using the park; and WHEREAS, the City wishes to clarify that all persons who allow their dogs to be off-leash in designated dog parks have an affirmative obligation to comply with all posted rules; and
Docusign Envelope ID: A4E91947- EF0F-4D0D- 9A0D- 65B76EC8D85F

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Packet Pg. 1556 Attachment: May 27, 2025 - Ordinance 2813 (7313 : Animal Ordinance) 4 WHEREAS, the Animal Control Unit has on numerous occasions received a complaint from a single complaining party regarding a noisy animal and been unable to substantiate the complaint after further investigation; and WHEREAS, limiting the instances in which Animal Control Officers are required to investigate noisy animal complaints to those that generate a complaint from more than one party would preserve Animal Control Unit resources to investigate other matters that significantly threaten health, safety, and welfare; and WHEREAS, the City has long regulated the duty of dog owners to immediately clean up feces deposited by their dogs in public spaces, as this poses risks to public health, safety, and welfare, and has referred to the failure to do so as a “nuisance”; and WHEREAS, the City’s municipal code makes numerous references to different conduct which constitutes a nuisance and more specifically defining prohibited conduct without use of the general term nuisance would clarify animal owners’ obligations; and WHEREAS, the City wishes to clarify that an owner commits a violation of the municipal code by allowing their dogs to deposit feces on public property or private property without an owner’s consent, without immediately removing the fecal matter; and WHEREAS, state law Food and Agriculture Code 31600 et seq. provides readily accessible procedures for having a dog that has caused repeated minor or any serious bodily injury declared to be potentially dangerous or vicious and for ensuring such dog does not pose a risk to public safety; and
WHEREAS, notwithstanding this procedure, the City retains the right to adopt and enforce its own program for control of potentially dangerous or vicious dogs, and the City has long regulated dangerous animals to protect the public health and welfare; and Docusign Envelope ID: A4E91947- EF0F-4D0D- 9A0D- 65B76EC8D85F

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Packet Pg. 1557 Attachment: May 27, 2025 - Ordinance 2813 (7313 : Animal Ordinance) 5 WHEREAS, clarifying what animal behavior qualifies for a determination by the City that the animal is dangerous, what restrictions may be imposed on dangerous animals whose owners lack a fixed residence, and standardizing terminology regarding dangerous animals so as to not be conflated with the terms as they are used in state law, would benefit the City by providing clear guidelines for Animal Control Unit staff, and would benefit the public by putting animal owners on notice of conduct that may subject their animal to a dangerous animal designation and accompanying restrictions, and provide greater protection from dangerous animals; and
WHEREAS, permitting the Fire and Police Departments to keep therapy dogs in public buildings for use by Fire and Police Department staff would improve health and well-being of the City’s first responders to enable them to better protect the public; and WHEREAS, numerous references to Humane Officers and the City Health Officer throughout Chapter 4.04 of the Municipal Code are outdated, as animal control functions are now performed Animal Control Officers.

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

SECTION 1. Section 4.04.070 of the Santa Monica Municipal Code is hereby amended to read as follows:

4.04.070 Wild animals.

No person shall keep any wild animal, venomous or poisonous reptile, monkey, bird or fowl within the City, unless such person shall have first obtained a permit from the Animal Control Officer so to do.

Docusign Envelope ID: A4E91947- EF0F-4D0D- 9A0D- 65B76EC8D85F

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Packet Pg. 1558 Attachment: May 27, 2025 - Ordinance 2813 (7313 : Animal Ordinance) 6 SECTION 2. Section 4.04.080 of the Santa Monica Municipal Code is hereby amended to read as follows:

4.04.080 Horses, mules, burros, or jacks.

No person shall keep more than two horses, mules, burros, or jacks in an open corral within the City of Santa Monica unless such person shall have obtained a permit from the Animal Control Officer so to do. In no event shall any person keep any horse, mule, burro, or jack within three hundred feet of any “R” or “C” district as defined in Article 9 of this Code, except that any person operating a business in any “C” district which is principally devoted to the sale or display of animals may sell or display in such business any miniature horse, miniature mule, miniature burro, or miniature jack.

SECTION 3. Section 4.04.090 of the Santa Monica Municipal Code is hereby amended to read as follows:

Section 4.04.090 Fowl.

No person shall keep more than thirteen fowl of any sort within the City, unless such person shall have first obtained a permit from the Animal Control Officer so to do.

SECTION 4. Section 4.04.100 of the Santa Monica Municipal Code is hereby amended to read as follows:

4.04.100 Hogs, bulls or billy goats.

No person shall keep any pigs, bulls, or billy goats within the City unless such person first shall have obtained a permit from the Animal Control Officer so to do and in no event shall any person keep any hog, bull, or billy goat within three hundred feet of any “R” or “C” district as defined in Article 9 of this Code.

Docusign Envelope ID: A4E91947- EF0F-4D0D- 9A0D- 65B76EC8D85F

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Packet Pg. 1559 Attachment: May 27, 2025 - Ordinance 2813 (7313 : Animal Ordinance) 7 SECTION 5. Section 4.04.110 of the Santa Monica Municipal Code is hereby amended to read as follows:

4.04.110 Cows or goats.

No person shall keep more than one cow or two goats in an open corral within the City without first having obtained a permit from the Animal Control Officer so to do and in no event shall any person keep any cow or goat within three hundred feet of any “R” or “C” district as defined in Article 9 of this Code.

SECTION 6. Section 4.04.140 of the Santa Monica Municipal Code is hereby amended to read as follows:

4.04.140 Permit to keep certain animals.

Conditions. Whenever in this Chapter the keeping of certain animals is made conditioned upon the obtaining of a permit therefor from the Animal Control Officer, such permit shall be in writing and the Animal Control Officer shall state therein the conditions upon which it is granted and it shall be the duty of the permittee to comply with said conditions. Any such permit shall be revocable at any time by order by the Animal Control Officer. Any violation of the terms and conditions of any such permit shall be punishable in the same manner and to the same extent as any violations of this Code are punishable.

SECTION 7. Section 4.04.145 of the Santa Monica Municipal Code is hereby added to read as follows:

4.04.145 Limit on number of cats and dogs.
a) No person shall keep or maintain in any dwelling more than four dogs over four months of age. A dog that is a service dog shall not be counted toward the number of dogs authorized to be owned, kept, or maintained. Notwithstanding the foregoing, no Docusign Envelope ID: A4E91947- EF0F-4D0D- 9A0D- 65B76EC8D85F

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Packet Pg. 1560 Attachment: May 27, 2025 - Ordinance 2813 (7313 : Animal Ordinance) 8 person shall be found in violation of this section for keeping or maintaining in a dwelling more than four dogs over four months of age that were licensed as of the effective of this section, unless such person keeps or maintains any additional dog over four months of age after the effective date of this section and the total number of dogs over four months of age in the dwelling exceeds four.
b) No person shall keep or maintain in any dwelling more than five cats over four months of age. Notwithstanding the foregoing, no person shall be found in violation of this section for keeping or maintaining in a dwelling more than five cats over four months of age that were licensed as of ninety days after the effective of this section, unless such person keeps or maintains any additional cat over four months of age after ninety days after the effective date of this section and the total number of cats over four months of age in the dwelling exceeds five.
c) A residential tenant’s violation of this Section shall not establish a nuisance per se for the purposes of any action to terminate the tenancy based on the tenant’s alleged nuisance.

SECTION 8. Section 4.04.150 of the Santa Monica Municipal Code is hereby amended to read as follows:

4.04.150 Animals at large.

No person having control, charge or custody of any animal, shall permit the animal to stray, or run at large in or upon any private property without the property owner’s or occupant’s permission, any unenclosed private property or any public property, except as authorized by this Chapter. Any animal found straying or at large in or upon public property or private property may be impounded by the City. The City will endeavor to first Docusign Envelope ID: A4E91947- EF0F-4D0D- 9A0D- 65B76EC8D85F

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Packet Pg. 1561 Attachment: May 27, 2025 - Ordinance 2813 (7313 : Animal Ordinance) 9 return any cat with a license issued to pursuant Section 4.04.170 of this Code found running at large to its owner prior to impound upon a first offense. Any person violating this Section shall be guilty of an infraction which shall be punishable by a fine of not less than fifty dollars per violation with each day or partial day of violation counting as a separate offense.

In addition to the penalties herein above provided, any condition caused or permitted to exist in violation of the provisions of this Section shall be deemed a public nuisance and may be, by this City, summarily abated as such, and each day such condition continues shall be regarded as a new and separate offense.

SECTION 9. Section 4.04.155 of the Santa Monica Municipal Code is hereby amended to read as follows:

4.04.155 Dogs on public property.
a) No person having control, charge or custody of any dog shall permit the dog to be upon any public property, unless the dog is in the custody and control of a competent person and either:
1) Confined in an automobile; or
2) Restrained by a chain or leash six feet or less in fixed length. b) Any person violating this Section shall be guilty of an infraction which shall be punishable by a fine of not less than fifty dollars per violation with each day or partial day of violation counting as a separate offense.
c) Notwithstanding the above, this Section shall not apply to dogs in any area designated by resolution of the City Council for use by dogs if the person having custody or control of the dog is in compliance with all posted rules governing the use of the Docusign Envelope ID: A4E91947- EF0F-4D0D- 9A0D- 65B76EC8D85F

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Packet Pg. 1562 Attachment: May 27, 2025 - Ordinance 2813 (7313 : Animal Ordinance) 10 designated area. No person shall fail to comply with any posted rules governing the use of an area designated by resolution of the City Council for use by dogs. This section shall also not apply to dogs as may be authorized by the Fire Chief or Police Chief.

SECTION 10. Section 4.04.160 of the Santa Monica Municipal Code is hereby amended to read as follows:

4.04.160 Dogs and cats—Prohibited public areas.

Except as expressly permitted by this Chapter, no person having control, charge or custody of any dog shall permit the dog to be in or upon a school ground, public building, tot lot, playing field, tennis court, basketball court, other game court, or cemetery, and no person having control, charge, or custody of any dog or any cat shall hold, transport, or permit the dog or cat to be in or upon the beach sands lying westerly of that street commonly known as Oceanfront Walk or northerly of the westerly prolongation of the center line of California Avenue, or upon any object placed on the beach sands. For the purposes of this section, “the beach sands” refers to any object on the sand other than the beach boardwalk, including but not limited a towel, blanket, tarp, or other container whether or not held by a person. Any person violating this Section shall be guilty of an infraction, which shall be punishable by a fine of not less than fifty dollars per violation with each day or partial day of violation counting as a separate offense. In addition, any such dog or cat found in any such prohibited place may be impounded as herein provided.

Notwithstanding the above, this Section shall not apply to:
1) Dogs which are being used by disabled persons as guide or service dogs, while such dogs are being used for such purposes;
Docusign Envelope ID: A4E91947- EF0F-4D0D- 9A0D- 65B76EC8D85F

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Packet Pg. 1563 Attachment: May 27, 2025 - Ordinance 2813 (7313 : Animal Ordinance) 11 2) Dogs in any area designated by resolution of the City Council for use by dogs if the person having custody or control of the dog is in compliance with posted rules governing the use of the designated area;.
3) Dogs under the control of Fire Department or Police Department personnel for therapeutic purposes.

SECTION 11. Section 4.04.170 of the Santa Monica Municipal Code is hereby amended to read as follows:

4.04.170 Licensing of dogs and cats.
a) Every person who harbors a dog within the City shall, and every person who harbors a cat within the City may, pay to the City an annual license tax in an amount to be established by resolution of the City Council. The City shall from time to time deliver to the person making such payment a license which shall describe the animal, together with a seal or metallic plate having thereon the number of such license, and figures indicating paid, provided for any dog that the person making the payment has filed with the City a certificate indicating the dog has been vaccinated in accordance with this Chapter and State law; otherwise, a receipt for payment shall be issued. Duplicates shall be issued for lost tags for an amount set by resolution of the City Council upon the filing of proof of such loss. Such metallic tags shall be attached to a collar or harness and such collar or harness with the attached tag shall be kept on such dog or cat at all times, excepting as otherwise provided in the Code.
b) The license fee herein mentioned shall be due and payable on the 2nd day of January each year and shall expire on the 31st day of December next ensuing. Where a dog or cat is acquired after the 2nd day of January, the license fee thereon shall be due Docusign Envelope ID: A4E91947- EF0F-4D0D- 9A0D- 65B76EC8D85F

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Packet Pg. 1564 Attachment: May 27, 2025 - Ordinance 2813 (7313 : Animal Ordinance) 12 on the date of acquisition of such dog or cat for such calendar year and thereafter on the 2nd day of January of each succeeding year.
c) In the event that any person shall fail, neglect or refuse to pay the required license tax for a dog license before the 1st day of April of each year, a penalty will be assessed, in addition to the prescribed license fee, in the amount of five dollars for every neutered male or spayed female dog and ten dollars for every un-neutered male or unspayed female dog.
d) The provisions of this Section shall not apply to:
1) Any dog not more than four months of age.
2) Assistance dogs pursuant to State law.

SECTION 12. Section 4.04.190 of the Santa Monica Municipal Code is hereby amended to read as follows:

4.04.190 Unlicensed dogs.

The Animal Control Officer shall take possession of any dog, except those dogs not more than four months of age, found anywhere in the City without a collar or harness and tag as provided in this Code, and shall impound the same under the provisions of this Code.

SECTION 13. Section 4.04.230 of the Santa Monica Municipal Code is hereby amended to read as follows:

4.04.230 Taking possession of animals.

No person shall take the possession of any fowl, dog or other animal found running at large in the City, without notifying the Animal Control Officer at his or her headquarters within four hours after receiving possession of such fowl, dog or other animal, giving full description of the same, the address of the place where same may be found, and shall, Docusign Envelope ID: A4E91947- EF0F-4D0D- 9A0D- 65B76EC8D85F

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Packet Pg. 1565 Attachment: May 27, 2025 - Ordinance 2813 (7313 : Animal Ordinance) 13 upon demand of the aforesaid Animal Control Officer, surrender such fowl, dog or animal to him or her. Said Animal Control Officer shall impound such fowl, dog or other animal as in this Code provided, except that if the Animal Control Officer determines that no owner can be ascertained for an unaltered cat that is reasonably believed to unowned and found running at large, the Animal Control Officer may allow the person who found the cat to keep possession of the cat in order to have the cat spayed or neutered, and may allow such person to release the cat in the location it was found running at large. It is hereby made the duty of any police officer who shall have any knowledge or notice of any person having in his or her possession any such fowl, dog or other animal, to report the same to said Animal Control Officer.

SECTION 14. Section 4.04.250 of the Santa Monica Municipal Code is hereby repealed.

SECTION 15. Section 4.04.260 of the Santa Monica Municipal Code is hereby amended to read as follows:

4.04.260 Notice of impounding of animals and release of impounded animals. a) The Animal Control Officer shall post in a conspicuous place in the office of the City Animal Shelter a notice displaying thereon the full description of each such bird, fowl or animal impounded. It shall be stated in said notice that if the bird, fowl or animal is not redeemed by the person entitled to the possession thereof within three business days, said animals shall become the property of the City. Such notice shall not be posted for animals impounded pursuant to Section 4.04.265 of this Code unless an animal is not redeemed by the person entitled to the possession thereof after the expiration of the quarantine period required by Section 11.04.210 of the Los Angeles County Code.

Docusign Envelope ID: A4E91947- EF0F-4D0D- 9A0D- 65B76EC8D85F

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Packet Pg. 1566 Attachment: May 27, 2025 - Ordinance 2813 (7313 : Animal Ordinance) 14 b) If an impounded animal is not redeemed at the expiration of the period specified in a notice posted pursuant to subsection (a), the Animal Control Officer shall offer such bird, fowl or animal for sale, the sale price to be equivalent to the amount of charges which have accrued for impounding and boarding or otherwise caring for such animal, and if such total sum is not obtainable, then any portion thereof. c) As an alternative to the offer for sale of such bird, fowl or animal, or in the event no one shall accept such offer, the Animal Control Officer may humanely dispose of such bird, fowl or animal, or in the case of a cat found running at large as part of an outdoor cat community who is reasonably believed to be unowned, the Animal Control Officer may, after vaccinating and spaying or neutering the cat, release the cat to a person who shall return the cat to the location at which it was found running at large. No stray dog or stray cat shall be euthanized pursuant to this section if a nonprofit, animal rescue, or adoption organization requests the release of the animal before schedule euthanasia. d) This section shall apply only to birds, fowl, and animals impounded pursuant to and for violations of this Chapter.

SECTION 16. Section 4.04.265 of the Santa Monica Municipal Code is hereby added to read as follows:

4.04.265 Impoundment of dogs and cats after bite.
a) The Animal Control Officer shall have the power to summarily and immediately impound a dog or cat that is required to be quarantined pursuant to Section

11.04.210 of the Los Angeles County Code. The Animal Control Officer is authorized to enter and inspect private property to enforce the provisions of this section.

Docusign Envelope ID: A4E91947- EF0F-4D0D- 9A0D- 65B76EC8D85F

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Packet Pg. 1567 Attachment: May 27, 2025 - Ordinance 2813 (7313 : Animal Ordinance) 15 b) An animal impounded pursuant to this section may be returned to the animal’s owner, in accordance with the requirements of Section 4.04.360 of this Code, upon the expiration of the quarantine period required by the Section 11.04.210 of the Los Angeles County Code, except that if the Animal Control Officer notifies the owner or custodian that the animal is dangerous pursuant to Section 4.04.280 of this Code before the expiration of the quarantine period, the Animal Control Officer shall not return the animal to its owner or custodian until the owner or custodian demonstrates to the Animal Control Officer an ability to comply with the restrictions of Section 4.04.290 of this Code.

If the owner or custodian appeals a notice that an impounded animal is dangerous and the notice is overturned by the Hearing Officer, the Animal Control Officer shall return the animal to the owner or custodian within one business day of such determination by the Hearing Officer, in accordance with the requirements of Section 4.04.360. c) Failure to surrender to the Animal Control Officer upon demand an animal which is subject to being impounded pursuant to this section shall be a misdemeanor.

SECTION 17. Section 4.04.280 of the Santa Monica Municipal Code is hereby amended to read as follows:

4.04.280 Dangerous animals.

Upon receiving an affidavit from any person who has been bitten by a dog, cat or other animal or from any person who has witnessed an animal biting a person or another animal, the Animal Control Officer shall investigate. If the Animal Control Officer determines based on his or her investigation that the animal has bitten a person or another animal and caused at least one puncture on the flesh of the person or other Docusign Envelope ID: A4E91947- EF0F-4D0D- 9A0D- 65B76EC8D85F

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Packet Pg. 1568 Attachment: May 27, 2025 - Ordinance 2813 (7313 : Animal Ordinance) 16 animal, the Animal Control Officer may notify the person having the care, custody and control of such dog, cat or other animal in writing that the animal is dangerous.

SECTION 18. Section 4.04.290 of the Santa Monica Municipal Code is hereby amended to read as follows:

4.04.290 Dangerous animal restrictions.
a) When the Animal Control Officer notifies the person having the care, custody and control of an animal that the animal is dangerous, the person having the care, custody and control of the animal must keep the animal securely restrained on his or her premises either by use of chain attached to the animal’s collar or harness, or within an enclosure sufficiently strong to prevent the animal from escaping, until the Animal Control Officer issues a notice authorizing a different place for containment or a notice releasing the animal from containment. When the Animal Control Officer determines that a dog is dangerous, the person having care, custody and control of the dog shall additionally keep the dog muzzled and on a leash controlled by a responsible adult at all times when the dog is upon the public streets, public sidewalks, public parks, or any other public place within the City, or upon any private property which is not fully enclosed by fence or other barrier, until the Animal Control Officer issues a notice vacating the muzzle requirement. The Animal Control Officer shall issue a notice vacating the muzzle requirement if the owner demonstrates to the satisfaction of the Animal Control Officer that the conditions or behaviors that led to the dangerous animal determination have ceased and are not likely to return.
b) In addition to the foregoing restrictions, when the Animal Control Officer determines that a dog is dangerous, or as a condition of vacating a muzzle requirement Docusign Envelope ID: A4E91947- EF0F-4D0D- 9A0D- 65B76EC8D85F

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Packet Pg. 1569 Attachment: May 27, 2025 - Ordinance 2813 (7313 : Animal Ordinance) 17 for a dog that has been determined to be dangerous, the Animal Control Officer may issue a written order requiring that the owner maintain and provide proof of general liability insurance covering property damage and bodily injury caused by a dangerous dog in an amount no less than $100,000 per occurrence.
c) Any person violating any provision of this Section shall be guilty of a misdemeanor, punishable by a fine not to exceed two hundred and fifty dollars. Each violation of any subsection shall be a separate offense and shall be punished accordingly. d) Any person violating any provision of this Section may also be subject to administrative citations pursuant to Chapter 1.09 of this Code.

SECTION 19. Section 4.04.330 of the Santa Monica Municipal Code is hereby amended to read as follows:

4.04.330 Duty of persons performing vaccinations.
a) Each duly licensed veterinarian after vaccinating any dog or cat shall sign a certificate in duplicate containing the following information:
1) The name and address of the owner or harborer of the vaccinated dog; 2) The kind of vaccine used and the date of the vaccination; 3) The year and serial number of the dog or cat tag;
4) The breed, age, color, and sex of the vaccinated dog or cat; 5) Such other information as the City Manager may require.

He or she shall immediately present one copy to the owner of the vaccinated dog or cat and retain one copy. At the time of the vaccination of any dog or cat, the veterinarian shall also deliver to the owner of the dog or cat as evidence of such vaccination. The City Clerk Docusign Envelope ID: A4E91947- EF0F-4D0D- 9A0D- 65B76EC8D85F

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Packet Pg. 1570 Attachment: May 27, 2025 - Ordinance 2813 (7313 : Animal Ordinance) 18 shall not issue any license where vaccination is required until there has been presented to him or her for examination a certificate showing said vaccination. b) At least once each quarter, every licensed veterinarian in the City of Santa Monica shall notify the Animal Control Officer of the name and address for every person in the City of Santa Monica owning a dog or cat that the veterinarian has vaccinated in that quarter.

SECTION 20. Section 4.04.340 of the Santa Monica Municipal Code is hereby amended to read as follows:

4.04.340 Tag to be attached to dog or cat.

Certificate Retained by Owner. Every owner of a dog shall, and every owner of a cat may, attach the tag evidencing a valid dog or cat license to the collar or harness of the vaccinated dog or cat and such collar or harness shall be worn by the dog at all times.

The copy of the certificate shall be retained by the owner or harborer of the vaccinated dog or cat for inspection by the authorized persons.

SECTION 21. Section 4.04.360 of the Santa Monica Municipal Code is hereby amended to read as follows:

4.04.360 Impounded dogs and cats.
a) Whenever an owner of an impounded dog or any person desiring to possess any impounded dog takes said dog from the pound, said persons shall within ten days after securing the release of said dog, present to the Animal Control Administrator a certificate showing said dog has been vaccinated as required by this Chapter. b) The owner or custodian of a dog or cat will be charged and shall be personally liable for the costs of impoundment, including daily board and care costs, Docusign Envelope ID: A4E91947- EF0F-4D0D- 9A0D- 65B76EC8D85F

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Packet Pg. 1571 Attachment: May 27, 2025 - Ordinance 2813 (7313 : Animal Ordinance) 19 vaccinations, medication and any other treatments as may be required to care for the animal in the reasonable discretion of the Animal Control Officer.

SECTION 22. Section 4.04.370 of the Santa Monica Municipal Code is hereby amended to read as follows:

4.04.370 Removal of dog feces.

No person having the right and ability to prevent the same, shall knowingly, carelessly, or negligently permit any dog to deposit fecal matter upon any public property, including, but not limited to, public parks, streets, sidewalks, parkways, gutters and drains, or any improved private property other than that of the owner of said dog or person who has consented thereto, without immediately removing the fecal matter. Any person violating this Section shall be guilty of an infraction, which shall be punishable by a fine of not less than one hundred dollars per violation.

SECTION 23. Section 4.04.380 of the Santa Monica Municipal Code is hereby repealed.

SECTION 24. Section 4.04.410 of the Santa Monica Municipal Code is hereby repealed.

SECTION 25. Section 4.04.415 of the Santa Monica Municipal Code is hereby amended to read as follows:

4.04.415 Appeals.

Any animal owner who is aggrieved by a decision of the Animal Control Officer made pursuant to Municipal Code Section 4.04.280 may obtain review of that determination by filing a notice of appeal with the Animal Control Officer. A hearing shall be conducted by Docusign Envelope ID: A4E91947- EF0F-4D0D- 9A0D- 65B76EC8D85F

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Packet Pg. 1572 Attachment: May 27, 2025 - Ordinance 2813 (7313 : Animal Ordinance) 20 a Hearing Examiner in accordance with the procedures set forth in Section 6.16.030 of this Code.

SECTION 26. Section 4.12.090 of the Santa Monica Municipal Code is hereby amended to read as follows:

4.12.090 Noisy animals.

No person shall permit or allow any animal under his or her ownership, custody or control to bark, yell or cry for more than five continuous minutes or for fifteen total minutes in any sixty-minute period. The Animal Control Officer may decline to investigate a complaint for violation of this section if the City does not receive a second complaint from another household about the same animal within a twelve-hour period.

SECTION 27. 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 28. If any section, subsection, sentence, clause, or phrase of this Ordinance is for any reason held to be invalid or unconstitutional by a decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this Ordinance. The City Council hereby declares that it would have passed this Ordinance and each and every section, subsection, sentence, clause, or phrase not declared invalid or unconstitutional without regard to whether any portion of the ordinance would be subsequently declared invalid or unconstitutional.

SECTION 29. 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 Docusign Envelope ID: A4E91947- EF0F-4D0D- 9A0D- 65B76EC8D85F

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Packet Pg. 1573 Attachment: May 27, 2025 - Ordinance 2813 (7313 : Animal Ordinance) 21 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
Docusign Envelope ID: A4E91947- EF0F-4D0D- 9A0D- 65B76EC8D85F

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Packet Pg. 1574 Attachment: May 27, 2025 - Ordinance 2813 (7313 : Animal Ordinance) Approved and adopted this 27th day of May, 2025.

Lana Negrete, Mayor
State of California )
County of Los Angeles ) ss.

City of Santa Monica )
I, Nikima S. Newsome, City Clerk of the City of Santa Monica, do hereby certify that the foregoing Ordinance No. 2813 (CCS) had its introduction on May 13th, 2025, and was adopted at the Santa Monica City Council meeting held on May 27th, 2025, by the following vote:

AYES: Councilmembers Zernitskaya, Snell, Raskin, Hall, Zwick, Mayor Pro Tem Torosis, Mayor Negrete
NOES: None
ABSENT: None
ATTEST:

Nikima S. Newsome, City Clerk Date
A summary of Ordinance No. 2813 (CCS) was duly published pursuant to California Government Code Section 40806.

Docusign Envelope ID: A4E91947- EF0F-4D0D- 9A0D- 65B76EC8D85F 6/ 17/ 2025

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Packet Pg. 1575 Attachment: May 27, 2025 - Ordinance 2813 (7313 : Animal Ordinance) 1 City Council Meeting: September 30, 2025 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 4.04.155 RELATING TO

PRIVATE CIVIL REMEDIES FOR DOG BITES IN PUBLIC AND ADDING SECTION

4.04.405 RELATING TO DISCLOSURE OF DOG OWNER CONTACT INFORMATION

AND DOG RABIES VACCINATION INFORMATION AFTER A DOG BITE TO A

PERSON OR ANIMAL
WHEREAS, Article XI, Section 7 of the California Constitution authorizes the City to regulate dogs and other animals in accordance with the health, safety, and welfare of the general public; and
WHEREAS, the City’s leash law, Santa Monia Municipal Code Section 4.04.155, requires dogs in public places, other than designated dog parks and in cars, to be under the control of a competent person and restrained by a chain or leash no longer than six feet; and
WHEREAS, the leash law is intended to protect against risks to health, safety, and general welfare posed by dogs roving at large in public while affording opportunities to residents with dogs to use public space with their dog companions; and WHEREAS, under California law, dog owners are strictly liable for damages suffered by persons bitten by their dogs, and are generally liable for damages suffered owners of by pets bitten by their dogs if the biting dog owner was negligent in handling their dog; and
WHEREAS, authorizing a person bit or owner of another animal bit by a dog whose owner was violating the City’s leash law at the time of the bite, to bring a civil action for damages with a reasonable minimum statutory damages amount would ensure the dog

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Packet Pg. 1576 Attachment: Proposed Ordinance - SMMC 4.04.155 and 4.04.405 (7313 : Animal Ordinance) 2 bite victim is able to recover a minimum amount for the injuries caused by a bite when the dog owner was violating the City’s leash law, and allow for enhanced enforcement of City’s leash law; and
WHEREAS, under California Penal Code Section 398, dog owners are required to provide their own contact information and dog’s rabies vaccination information as soon as practicable but no later than 48 hours of their dog biting a person if the bite breaks the skin; and
WHEREAS, animals bitten by dogs are susceptible to infection or injuries that may require medical care, just as persons bitten by dogs are, and the biting dog’s owner may be responsible for the costs of such care; and
WHEREAS, dog bite victims may have no way to hold a biting dog owner responsible for medical costs and other damages caused by a dog bite if they do not have the dog owner’s contact information, and dog bite victims may not take adequate measures to protect their and their animal’s health and safety if they do not have the biting dog’s rabies vaccination information; and
WHEREAS, allowing dog bite victims to bring a civil action against dog owners who violated the City’s leash law or the requirement to share information after a dog bite would enhance enforcement of these requirements, facilitate civil dispute resolution between dog owners and bite victims, and improve compliance with these measures to protect health, safety, and welfare;

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

SECTION 1. Section 4.04.155 of the Santa Monica Municipal Code is hereby

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Packet Pg. 1577 Attachment: Proposed Ordinance - SMMC 4.04.155 and 4.04.405 (7313 : Animal Ordinance) 3 amended to read as follows:
§ 4.04.155 Dogs on public property.
(a) No person having control, charge or custody of any dog shall permit the dog to be upon any public property, unless the dog is in the custody and control of a competent person and either:
(1) Confined in an automobile; or
(2) Restrained by a chain or leash six feet or less in fixed length. (b) Any person violating this Section shall be guilty of an infraction which shall be punishable by a fine of not less than fifty dollars per violation with each day or partial day of violation counting as a separate offense.
(c) Notwithstanding the above, this Section shall not apply to dogs in any area designated by resolution of the City Council for use by dogs if the person having custody or control of the dog is in compliance with all posted rules governing the use of the designated area. No person shall fail to comply with any posted rules governing the use of an area designated by resolution of the City Council for use by dogs. This Section shall also not apply to dogs under the control of Fire Department or Police Department personnel as may be authorized by the Fire Chief or Police Chief. (d) Every person having control, charge, or custody of any dog on public property who bites another person or animal while such person having control, charge or custody is in violation of this Section, shall be liable for actual damages or $1,000, whichever is greater. This section may be enforced by any aggrieved person by means of a civil action.

The remedy provided for by this subsection shall be in addition to any other remedies, penalties, or procedures established by law.

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Packet Pg. 1578 Attachment: Proposed Ordinance - SMMC 4.04.155 and 4.04.405 (7313 : Animal Ordinance) 4 SECTION 2. Section 4.04.405 of the Santa Monica Municipal Code is hereby added to read as follows:
§ 4.04.405 Obligations after dog bite causing puncture. (a) Every person owning or having custody or control of a dog who knows or has reason to know the dog has bit a person or other animal causing at least one puncture of the flesh of the person or other animal, shall, no later than 48 hours after the bite, provide to the person that was bit or to the person owning or having custody and control of the other animal that was bit, his or her name, address, telephone number and the name and license tag number of the dog who bit the person or other animal. If the person having custody or control of the dog that bit is a minor, he or she shall instead provide identification or contact information of an adult owner. If the dog that bit is required by law to be vaccinated against rabies, the person owning or having custody or control of the dog shall, within 48 hours of the bite, provide the other person bite or person having custody or control of the other animal that was bit, with information regarding the status of dog’s vaccinations.
(b) If a person obligated by subsection (a) to provide his or her name, address, telephone number, dog name, license tag number, or rabies vaccination information to another person fails to do so, and the City is in possession of such information, the City may release the information to the person to whom it should have been provided pursuant to subsection (a).
(c) Remedies and Penalties
(1) Any person violating subparagraph (a) of this Section shall be guilty of an infraction, which shall be punishable by a fine not exceeding $100.

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Packet Pg. 1579 Attachment: Proposed Ordinance - SMMC 4.04.155 and 4.04.405 (7313 : Animal Ordinance) 5 (2) Any person violating subparagraph (a) of this Section shall be subject to administrative fines and administrative penalties pursuant to Chapter 1.09 of this Code. (3) Any aggrieved person may enforce the requirements of subparagraph (a) of this Section by means of a civil action. Any person violating subparagraph (a) of this Section shall be liable for actual damages or $1,000, whichever is greater. (4) The remedies provided by this Section are not exclusive, and nothing in this Section shall preclude the use or application of any other remedies, penalties, or procedures established by law.

SECTION 4. 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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_____________________________
Heidi von Tongeln, Interim City Attorney

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(NOT APPROVED)

CITY OF SANTA MONICA

CITY COUNCIL MINUTES
SEPTEMBER 9, 2025
A regular meeting of the Santa Monica City Council was called to order by Mayor Negrete at 5:35 p.m., on Tuesday, September 9, 2025, at City Council Chambers, 1685 Main Street, Santa Monica, CA, and at a teleconference site in San Sebastián, 20004 Spain.

Roll Call: Present: Mayor Lana Negrete
Mayor Pro Tem Caroline Torosis (arrived remotely at 5:35 p.m.) Councilmember Jesse Zwick
Councilmember Dan Hall
Councilmember Ellis Raskin
Councilmember Barry Snell
Councilmember Natalya Zernitskaya
Also Present: City Manager Oliver Chi
Acting City Attorney Heidi von Tongeln
City Clerk Nikima S. Newsome
CONVENE/PLEDGE On order of the Mayor, the City Council convened at 5:35 p.m., with all members present. Councilmember Raskin led the assemblage in the Pledge of Allegiance.

STATEMENT OF

ACCOUNTABILITY
(LAND

ACKNOWLEDGEMENT)
The City of Santa Monica is located on the land of Tovangaar. With great respect, the City acknowledges the Gabrieleño/Tongva as the First People of this ancestral and unceded territory of Kuruvungna, a village that we know as Santa Monica. We honor their elders, past and present, and the Gabrieleño descendants who are part of the Gabrieleño /Tongva tribes.

We recognize that these peoples are still here, and as settlers and kuyam (guests), we recognize our responsibility and obligation to care for their land in partnership with them. The City of Santa Monica commits to work in partnership with the Gabrieleño/Tongva people to uplift their voices and visibility on their ancestral land.

The City of Santa Monica Statement of Accountability (Land Acknowledgement) was read into the record by Councilmember Raskin.

LEVINE ACT Pursuant to the Levine Act (Govt Code Section 84308), any party to a

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DISCLOSURE permit, license, contract, or other entitlement before the Council is required to disclose on the record any contribution, including aggregated contributions, of more than $500 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.

No Councilmembers recused from any items on the agenda pursuant to the Levine Act.

PUBLIC INPUT FOR

GENERAL PUBLIC

COMMENT AND

SPECIAL AGENDA
ITEMS:

Members of the public Milly Garcia, Jonathan Alvarado, Jonathan Granados, Denise Barton, Mary Waldhauser, John Medlin, Daniel Alonzo, Lanie Morales, Bee Barba Padilla, Gina De Baca, Oscar De La Torre, Alex Aldana, Maria Loya, Samantha Mota, Glenn Furuya, Jerry Rubin, Johnathan Foster, Andrew Hoyer, Nikki Kolhoff, Elizabeth Van Denburgh, Lydia Ponce, Karen Croner, John Cyrus Smith, and Denise Neal commented on various local issues.

No members of the public commented on Special Agenda items.

PROCLAMATIONS/

COMMENDATIONS/

SPECIAL AGENDA
ITEMS

2.A. Commendation: SM Little League AllStar Baseball Team, was presented.

2.B. Recognition of Outgoing Board & Commission Members, was presented.

2.C. Proclamation: Transportation Demand Management (TDM) Week and The Week Without Driving, was presented.

2.D. Proclamation: Suicide Prevention Week (Sep 7-13), was presented.

PUBLIC INPUT FOR

CONSENT CALENDAR

AND CLOSED SESSION
ONLY:

Members of the public Daniel Gregory, Denise Barton, Judith Serlin, John Medlin, Nikki Kolhoff, Angela Scott, and Denise Neal commented on consent calendar items.

No members of the public commented on Closed Session items.

CONSENT CALENDAR: All items were considered and approved in one motion unless removed by a Councilmember for discussion.

At the request of Councilmember Hall, Item 4.M. was removed from the Consent Calendar.

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At the request of Mayor Negrete, Item 4.S. was removed from the Consent Calendar.

Motion by Councilmember Raskin, seconded by Councilmember Snell, to approve the Consent Calendar except for Items 4.M. and 4.S., reading resolutions by title only and waiving further reading thereof. The motion was approved by the following vote:

AYES: Councilmembers Zernitskaya, Snell, Raskin, Hall, Zwick Mayor Pro Tem Torosis, Mayor Negrete
NOES: None
ABSENT: None
The Interim City Attorney stated there were two typographical errors on consent calendar items. On Item 4.N., Attachment A, page one in the second to last recital, and on item 4.O., page two of Attachment A and the first recital in both instances. It should read the north side of Broadway rather than the east side of Broadway.

MINUTES 4.A. Minutes of the City Council - Special Meeting - Jul 29, 2025 5:35 PM, were approved.

MINUTES 4.B. Minutes of the City Council - Special Meeting - Aug 12, 2025 5:35 PM, were approved.

GROUNDWATER

REMEDIATION

TECHNICAL SUPPORT

4.C. Award RFP #445 and Professional Services Agreement No. 11755 (CCS) to Hazen and Sawyer for On-Call Groundwater Remediation Technical Support, was approved.

Recommended Action
Staff recommends that the City Council:

1. Adopt a finding of categorical exemptions pursuant to Section 15307 (Actions by Regulatory Agencies for Protection of Natural Resources) and Section 15308 (Actions by Regulatory Agencies for Protection of the Environment) of the California Environmental Quality Act (CEQA) Guidelines;

2. Award RFP #445 to Hazen and Sawyer for on-call remediation technical support services for the Public Works Department; and

3. Authorize the City Manager to negotiate and execute Agreement No. 11755 (CCS) with Hazen and Sawyer in an amount not to exceed $1,500,000 for a five-year period, with future year funding contingent on Council budget approval.

REGIONAL TRAINING

GROUP MANAGEMENT

4.D. Award RFP#451 to Emergency Management Consulting
Solutions, LLC to Manage Regional Training Group on Behalf of Los

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Angeles Area Fire Chiefs Association, 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# 451 to Emergency Management Consulting Solutions, LLC for a management consultant to assume the Executive Director position of the Regional Training Group on behalf of the Los Angeles Area Fire Chiefs Association; and

3. Authorize the City Manager to negotiate and execute Agreement No. 11756 (CCS) with Emergency Management Consulting Solutions, LLC, in an amount not to exceed $250,000 for one year, with four additional one-year renewal options, for a total amount not to exceed $1,410,000 over a five-year period (including a $160,000 contingency), with future year funding contingent on Council budget approval and grant fund availability.

AS-NEEDED GENERAL

CONTRACTOR

SERVICES

4.E. Award Contract No. 11757 (CCS) to RAMCO Construction for AsNeeded General Contractor Services, was approved.

Recommended Action
Staff recommends that the City Council

1. Adopt a finding of categorical exemptions pursuant to Section 15301 (Existing Facilities) of the California Environmental Quality Act (CEQA) Guidelines; and

2. Authorize the City Manager to negotiate and execute Agreement No. 11757 (CCS) with RAMCO Corporation for General Contracting Repairs for the Public Landscape Division of the Public Works 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 $350,000 with future year funding contingent on Council budget approval.

EXPIRATION OF FREE

METERED PARKING

BENEFITS

4.F. Introduction and First Reading of an Ordinance to Amend Santa Monica Municipal Code Section 3.16.120(c) to Clarify That the Expiration of the Free Metered Parking Benefit Applies to All Clean Air Vehicle Decals, was introduced and 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; and

2. Introduce for first reading the attached ordinance that modifies Santa Monica Municipal Code (SMMC) 3.16.120(c) to clarify that the

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expiration of the free metered parking benefit for zero emission vehicles applies to all Clean Air Vehicle decals.

ENVIRONMENTAL

IMPACT REPORT

4.G. Award Professional Services Agreement No. 11758 (CCS) to Dudek for Preparation of an Environmental Impact Report for the Water Reservoir Upgrades and Improvements Project, was approved.

Recommended Action
Staff recommends that the City Council:

1. Adopt a finding of Categorical Exemption pursuant to Section 15061(b)(3) (Common Sense Exemption) of the California
Environmental Quality Act (CEQA) Guidelines;

2. Award RFP# SP2761 to Dudek for preparation of the environmental review and documentation for the Water Reservoir Upgrades and Improvements Project for the Public Works Department; and

3. Authorize the City Manager to negotiate and execute Agreement No. 11758 (CCS) with Dudek for a total amount not to exceed $1,100,000 over a three-year period, with future year funding contingent on Council budget approval.

ON-CALL TECHNICAL

SERVICES

4.H. Award RFP #444 and Agreement Nos. 11759 – 11761 (CCS) to 4Front, Arcadis U.S. Inc., and Hazen and Sawyer for On-Call Technical Services for Rehabilitation and Replacement of Water and Wastewater Infrastructure, was approved.

Recommended Action
Staff recommends that the City Council:

1. Adopt a finding of Categorical Exemptions pursuant to Sections 15301 and 15302, and a finding of no possibility of significant effect pursuant to 15061(b)(3) of the California Environmental Quality Act (CEQA) Guidelines;

2. Award RFP #444 to 4Front, Arcadis U.S. Inc., and Hazen and Sawyer for on-call technical support services for the Water Resources Division; and

3. Authorize the City Manager to negotiate and execute Agreement Nos. 11759 – 11761 (CCS) for on-call technical support services with 4Front, Arcadis U.S., Inc., and Hazen and Sawyer, in an amount not to exceed $750,000 for each agreement over a five-year period, with future year funding contingent on Council budget approval.

UV AOP SYSTEM

MAINTENANCE

4.I. Award Contract No. 11762 (CCS) to Trojan Technologies Corp for Maintenance of Trojan Ultraviolet Advanced Oxidation Process (UV AOP) System, was approved.

Recommended Action
Staff recommends that the City Council:

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1. Adopt a finding of categorical exemption pursuant to Section 15301 (Existing Facilities) of the California Quality Act (CEQA) Guidelines.

2. Authorize the City Manager to negotiate and execute an agreement with Trojan Technologies Corp for maintenance of the Trojan Ultraviolet Advanced Oxidation Process (UV AOP) systems. This recommended award is made as an exception to the competitive bidding process pursuant to Santa Monica Municipal Code (SMMC) Section 2.24.250(b) and is for a total amount not to exceed $1,700,000 over a five-year period, with future year funding contingent on Council budget approval.

FIRE RECORDS

MANAGEMENT

SOFTWARE

4.J. Approval of First Modification to Software as a Service Agreement with Locality Media, LLC (dba First Due) for Fire Records Management Software, 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; and

2. Authorize the City Manager to negotiate and execute a first modification to Software as a Service Agreement No. 11304 (CCS) in the amount of $90,000 with Locality Media, LLC dba FirstDue, for fire incident pre-plans, fire inspection, inventory management and other Fire-related records management software (RMS) for the Fire Department. This will result in a five-year amended agreement with a new total amount not to exceed $430,000, with future year funding contingent on Council budget approval.

GEOGRAPHIC

INFORMATION SYSTEM

SOFTWARE & SERVICES

4.K. Approval of Agreement No. 11763 (CCS) with Environmental Systems Research Institute, Inc. (ESRI) for Geographic Information System (GIS) Software and 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. Authorize the City Manager to negotiate and execute Agreement No. 11763 (CCS) with Environmental Systems Research Institute, Inc. (Esri) for ArcGIS software and services, for the Information Services Department. This recommended award is made as an exception to the competitive bidding process pursuant to Section 2.24.250 (b) and is for an amount not to exceed $198,990 (including a $18,090 contingency) for an initial three-year term, with one additional three4.N Packet Pg. 1587 Minutes Acceptance: Minutes of Sep 9, 2025 5:30 PM (CONSENT CALENDAR) 7 September 9, 2025
year renewal option on the same terms and conditions for a total amount not to exceed $397,980 over a six-year period (including a $36,180 contingency), with future year funding contingent on Council budget approval.

TECH STREET SANTA
MONICA

4.L. Approval of Memorandum of Understanding (MOU) No. 11764 (CCS) with Syndicate to Co-Produce Tech Street Santa Monica, a OneDay Event Including Street Closure for LA Tech Week, was approved.

Recommended Action
Staff recommends that the City Council:

1. Adopt findings of Categorical Exemptions pursuant to Section 15301 and Section 15323 of the California Environmental Quality Act (CEQA) Guidelines;

2. Authorize the City Manager to negotiate and execute Memorandum of Understanding No. 11764 (CCS) with Syndicate to co-produce a one-day street closure event called Tech Street Santa Monica – Celebrating 150 Years of Innovation in Santa Monica on Monday, October 13, 2025.

INTERIM ZONING

ORDINANCE

4.N. Second Reading and Adoption of Interim Zoning Ordinance No. 2825 (CCS) Amending Interim Zoning Regulations Established to Promote Economic Recovery by Increasing Land Use Flexibility in the City’s Downtown Area and Establishing a Pilot Program to Allow for Exclusively Commercial Outdoor Uses in the Office Campus District, was adopted.

Recommended Action
Staff recommends that the City Council adopt the attached Ordinance.

LAND USE FLEXIBILITY 4.O. Second Reading and Adoption of Ordinance No. 2826 (CCS) Amending the Text of Santa Monica Municipal Code Article 9 Planning and Zoning to Promote Economic Recovery and Increase Land Use Flexibility in the City’s Downtown Area, was adopted.

Recommended Action
Staff recommends that the City Council adopt the attached Ordinance.

REGIONAL FIRES

EMERGENCY

PROCLAMATION

4.P. Adoption of Resolution No. 11696 (CCS) Ratifying Regional Fires Emergency Proclamation and Supplements, was adopted.

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

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(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.

INTERIM CITY

ATTORNEY

4.Q. Approval of Agreement No. 11766 (CCS) for Service as Interim City Attorney – Heidi von Tongeln, was approved.

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. Appoint Heidi von Tongeln as Interim City Attorney commencing September 9, 2025; and,

3. Authorize the Mayor to negotiate and execute Employment Agreement No. 11766 (CCS) with Ms. von Tongeln for her service as Interim City Attorney.

HOMELESSNESS

EMERGENCY

PROCLAMATION

4.R. Adoption of Resolution No. 11697 (CCS) Ratifying Homelessness Emergency Proclamation, was adopted.

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; and

2. Adopt proposed Resolution No. 11697 (CCS) ratifying the 2025 Proclamation of the City Council of the City of Santa Monica Declaring a Local Emergency on Homelessness.

MICROSOFT

ENTERPRISE LICENSES
(Councilmember Hall
excused at 7:13 p.m.)
(Councilmember Hall
returned at 7:13 P.M.)

4.M. Approval of Agreement No. 11765 (CCS) with Insight Public Sector, Inc. for the Purchase of Microsoft Enterprise Licenses, 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. Authorize the City Manager to negotiate and execute Agreement No. 11765 (CCS) with Insight Public Sector, Inc. for the purchase of Microsoft enterprise software licenses, including software license upgrades and license planning services, for the Information Services

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Department. This recommended award is made as an exception to the competitive bidding process pursuant to Section 2.24.250 (c) and is for an amount not to exceed $1,234,824 (including a $161,064 contingency) for one year, with two additional one-year renewal options on the same terms and conditions for a total amount not to exceed $4,462,624 over a three-year period (including a $582,082 contingency), with future year funding contingent on Council budget approval.

Councilmember Hall stated that he was recusing himself from this item because Microsoft is a client of the firm he is employed by.

Motion by Councilmember Raskin, seconded by Councilmember Zwick, to approve the staff recommendation. The motion was approved by the following vote:

AYES: Councilmembers Zwick, Hall, Raskin, Snell, Zernitskaya Mayor Pro Tem Torosis, Mayor Negrete
NOES: None
ABSENT: Councilmember Hall
FISCAL DISTRESS 4.S. Adoption of Resolution No. 11698 (CCS) Outlining the City's Current Fiscal Distress, was adopted.

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; and

2. Adopt attached Resolution No. 116989 (CCS) of the City Council of the City of Santa Monica Identifying Local Fiscal Distress Based on Decreased Revenue and Increased Liabilities.

Questions asked and answered of staff included can the language in the resolution referring to a financial emergency be removed; will this affect the city’s bond rating; how will this resolution help with regulatory relief; what would be the negative consequences if this resolution wasn’t adopted; is this financial distress due in large part to the Uller case; and are staff layoffs anticipated.

Considerable discussion ensued on topics including, but not limited to the purpose of the resolution; concerns from the public; and ensuring the city’s financial future.

Motion by Councilmember Raskin, seconded by Councilmember Zwick, to approve the staff recommendation. The motion was approved by the

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following vote:

AYES: Councilmembers Zwick, Hall, Raskin, Snell, Zernitskaya Mayor Pro Tem Torosis, Mayor Negrete
NOES: None
ABSENT: None
CLOSED SESSIONS On order of the Mayor, the City Council recessed at 7:15 p.m., to consider Closed Sessions and returned at 9:30 p.m., with all members present, to report the following:

5.A. Conference with legal counsel - anticipated litigation - Gov’t.

Code § 54956.9- litigation claims of Constance White and Milana Davis against City of Santa Monica pertaining to condemnation of property located at 1811 Ocean Avenue. One case.

The Interim City Attorney advised this matter was heard with no reportable action taken.

5.B. Conference with legal counsel - existing litigation - Gov. Code § 54956.9(d)(1): Izumi Streller v. City, et al; LASC # 23SMCV03137 [report out only]
The Interim City Attorney reported that at its June 24, 2025 meeting, the City Council approved a settlement in this personal injury case involving a claim that the individual was injured while a passenger on a Big Blue Bus. The city denies liability and does not admit fault, but agreed to settle the case in the amount of $3.5 million and in exchange, the individual agreed to release all claims against the city. The settlement was approved by a vote of 7-0 with all Councilmembers present.

5.C. Conference with real estate negotiator - Gov. Code § 54956.8; property: 395 Santa Monica Place, Santa Monica, California; City negotiators: Oliver Chi, City Manager and Heidi von Tongeln, Acting City Attorney; persons to be negotiated with: Chris Neilson, Trigild IVL, LLC, a Delaware limited liability company, solely in its capacity as receiver for the specific assets of Macerich SMP LP; under negotiation:
price and terms of payment
The Interim City Attorney advised this matter was heard with no reportable action taken.

CITY MANAGER
REPORT
The City Manager Report was presented.

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

PUBLIC INPUT ON

REMAINING AGENDA
ITEMS:

Members of the public Denise Barton, Jerry Rubin, and Eve Lopez commented on Item 11.A.

Members of the public Brad Ewing, Denny Zane, Joe Cohen, Heather Thomason, Eve Lopez, Zennon Ulgate-Crow, and Matias Fuchs-Lynch commented on Item 11.C.

Member of the public Denise Barton commented on Item 16.A.

Member of the public Dylan Moore commented on Item 16.H.

Members of the public Heather Thomason commented on Item 16.J.

ORDINANCES:

CARBON EMISSIONS

REDUCTIONS

10.A. Introduction and First Reading of an Ordinance Adopting Building Performance Standards to Support Carbon Emissions Reductions from Existing Buildings, was pulled at the request of staff.

Recommended Action
Staff recommends that the City Council:

1. Adopt a finding of categorical exemption pursuant to Section 15308 (Actions by Regulatory Agencies for Protection of the Environment) of the California Environmental Quality Act (CEQA) Guidelines;

2. Introduce for first reading the attached ordinance that amends the Santa Monica Municipal Code (SMMC) by adding chapter 8.39, entitled Building Energy Benchmarking and Building Performance Standards to support carbon emissions reductions from existing buildings.

STAFF

ADMINISTRATIVE
ITEMS:

AGING & DISABILITY

ACTION PLAN

11.A. Approval of Santa Monica Aging and Disability Action Plan, was presented.

Recommended Action
Staff recommend 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. Approve and Receive the Santa Monica Aging and Disability Action Plan (Attachment A).

Questions asked and answered of staff included communication strategies for those who don’t have internet access; is an ADA assessment of the website and other digital communications being done; is there a plan to work with the Office of Emergency Management to allow residents to indicate if

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they need help to evacuate during emergencies; what is the relationship between the emergency alert system and the Community Connect Program; are cooling measures being evaluated in older housing stock; what are the strategies to help older adults and people with disabilities put together emergency kits beyond just providing information; what cross-departmental collaboration is being done and what are the implementation details for the plan; what have the city’s efforts been to enable older residents to access resources such as grocery stores, hospitals, etc. without needing to drive; and have there been discussions about providing citywide transportation for older adutlts and those with disabilities.

Direction to staff was provided to prioritize supporting programs and services available in the city for seniors who require special help, especially those in licensed care facilities, memory care, and similar settings.

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

AYES: Councilmembers Zernitskaya, Snell, Raskin, Hall, Zwick Mayor Pro Tem Torosis, Mayor Negrete
NOES: None
ABSENT: None

SELF-CERTIFICATION

PILOT PROGRAM &

MATERIAL RECYCLING

COMPLIANCE PROCESS

11.B. Establishment of a Self-Certification Pilot Program and Introduction and First Reading of Ordinances to (1) Amend Santa Monica Municipal Code Chapter 8.108 to revise the Construction and Demolition Material Recycling Compliance Process and to transition from a deposit-based system to a fine-based enforcement approach, and (2) Establish Interim Zoning Regulations Updating Applicability Thresholds and Standards for Resource and Recycling Room Dimensions to; and Adopt a Resolution of Intention to Amend the Text Section 9.21.130 of the Zoning Ordinance Related to Resource Recovery and Recycling Standards, was pulled at the request of staff.

Recommended Action
Staff recommends that the City Council:

1. Adopt a finding of Statutory Exemption from the California Environmental Quality Act (CEQA) pursuant to Government Code Section 15061(b)(3).

2. Introduce for First Reading an Ordinance amending Santa Monica Municipal Code Chapter 8.108, Subpart B, to amend the construction and demolition material recycling compliance process and to transition from a deposit-based system to a fine-based enforcement approach.

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3. Introduce for First Reading an Interim Zoning Ordinance updating applicability thresholds and standards for resource and recycling room dimensions set forth in Santa Monica Municipal Code Section

9.21.130 in order to further economic recovery efforts by facilitating a self-certification building permit program.

4. Adopt a Resolution of Intention directing the Planning Commission to initiate amendments to the text of Section 9.21.130 of the City’s Zoning Ordinance to update applicability thresholds and resource and recycling room dimensions in order to further economic recovery efforts by facilitating a self-certification building permit program.

HIGH-RISE BUILDING
DEFINITIONS & MULTIFAMILY BUILDING

PROVISIONS

11.C. Approval of Proposed Regulatory Updates to High-Rise Building Definitions and Single Stairway Multi-Family Building Provisions, was presented.

Recommended Action
Staff recommends that the City Council:

1. Direct that as part of the City’s next regular building and fire code update process, staff align the City’s building and fire code definitions for high-rise buildings to be consistent with the Statewide high-rise definition as set forth in Health & Safety Code 13210(b).

2. Authorize staff to implement an updated Alternate Materials and Methods Request (AMMR) process for single-exit stairway multifamily residential buildings of up to six stories in height pursuant to the attached Information Bulletin (Attachment A).

Questions asked and answered of staff included if the proposed ordinance allows for external stairways to be used for single stairs, as in the Los Angeles city ordinance, instead of requiring pressurized stairs; why is the city proceeding with the alternative means and methods (AMMR) process for single stair buildings rather than including it directly in the building code; clarification on AB 130 and whether it still has a carve-out for single stair provisions; can a home builder include an external emergency escape staircase as a secondary means of egress, and whether that would be permitted or required; are the elevator access requirements for buildings taller than one or two stories; would ADA access requirements apply; what is the reasoning for prohibiting occupied roofs above the highest floor in single stair buildings; what is the meaning of the requirement that “any occupancies other than R2 occupancies must not communicate with the R2 occupancy stairwell.”; is the 4,000 square foot limit for the maximum floor area, including all ingress/egress; have other places used AMMR for single stair buildings and how effective has it been at producing new homes; what is the certainty of the AMMR process: if an architect meets all the standards in the bulletin, will their project be approved, or is it still at the discretion of staff and peer review; what is the legal basis for local amendments to the building code, specifically whether factors like dense development, compact

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streets, or local fire capacity qualify as valid reasons for amendments; what is the effectiveness of sprinklers in reducing fire deaths and when multifamily buildings were first required to implement sprinklers; what is the width of city alleyways and do most alleys qualify for the required 20- foot width for egress; would requiring emergency escape and rescue openings trigger additional setback requirements, as has been an issue in Los Angeles; what is the peer review process: who selects the peer, what discretion do they have, and how does it work; what is the impact of the proposed changes on affordable housing projects and would affordable housing developers have the same access to the streamlined AMMR process; what is the city’s ability to monitor outcomes over time, such as peer review and post-occupancy safety audits; what are the groups involved in the state task force (e.g., YIMBY) and are they lobbyist groups; what is the impact of the changes on fire department equipment and staffing, including when new equipment or staffing would be triggered by increased density; what is the difference between external stairways and traditional fire escapes and what are the maintenance issues for external stairways in a coastal environment; what are the side yard requirements and would additional windows and egress requirements impact density or design; would it be prudent to make these changes now, given recent fires and public safety concerns; and could the city make it mandatory for developers to provide open spaces or courtyards when utilizing the single stair provision, and would this result in more family-sized units.

Considerable discussion ensued on topics including, but not limited to the importance of rigorous safety standards; that the proposals have been thoroughly vetted by safety professionals and will provide more flexibility for housing, potentially enabling more family-sized units; that the four-unit cap might not lead to much more density; interest in seeing how state building code reforms would develop; appreciation for the effort to achieve multiple city goals (safety, affordability, sustainability); noting that amendments to the building code must be based on specific legal findings and that Santa Monica’s previous stricter requirements were not common in other cities; the AMMR process being a practical way to move forward while state standards are still being developed; concerns about aligning the local high-rise definition with the state’s; potential impacts on livability, safety, and affordability; concerns about the city’s fire department having the equipment and staffing to handle taller buildings and denser development; skepticism that the changes will guarantee affordability or larger family units; concerns about the impact of tall buildings on the urban environment (e.g., shadows, wind tunnels); the desire that more analysis be done to ensure the adjustments serve the community and not just developers; the goal for more flexibility in building new homes, incentivize family-sized units, and make construction more affordable; acknowledgment that the plan is not a complete solution but a useful tool to address the housing shortage; the importance of newer homes with modern amenities (like air conditioning)

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for residents, especially as it applies to climate change; ensuring that affordable housing developers have the same access to the streamlined AMMR process; the importance of monitoring outcomes over time, including post-occupancy safety audits and regular reporting; and the need to produce more affordable housing at lower costs.

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

AYES: Councilmembers Zernitskaya, Snell, Raskin, Hall, Zwick Mayor Pro Tem Torosis
NOES: Mayor Negrete
ABSENT: None
PUBLIC HEARINGS:

COMMERCIAL

CANNABIS & CANNABIS

EQUITY PROGRAM

12.A. Introduction and First Reading of an Ordinance Amending Article 6 of the Santa Monica Municipal Code to Establish a Permitting Process and Operational Conditions for Commercial Cannabis Uses; Introduction and First Reading of an Ordinance Amending Article 9 of the Santa Monica Municipal Code to Authorize Commercial Cannabis Uses within Certain Zoning Districts; Authorization for City Manager to Execute All Necessary Associated Documents to Accept the Cannabis Equity Assessment; Adoption of a Resolution Establishing a Cannabis Equity Program; and Adoption of a Fee Resolution Establishing a NonCity-Based Cannabis Delivery Permit Fee and Cannabis Retailer Permit Fees, was presented.

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. Adopt the attached Ordinance amending the text of Article 6 of the Municipal Code to establish a permitting process and operational conditions for commercial cannabis uses.

3. Adopt the attached Ordinance amending the text of Article 9 of the Municipal Code to authorize commercial cannabis uses within certain zoning districts.

4. Authorize the City Manager to execute all necessary documents to accept the Cannabis Equity Assessment.

5. Adopt attached Resolution No. 11699 (CCS) establishing a cannabis equity program.

6. Adopt attached Resolution No. 11700 (CCS) establishing Cannabis Retailer Permit fees and a Non-City-Based Cannabis Delivery Permit fee.

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Member of the public Justin Palmore spoke to the recommended action.

Questions asked and answered of staff included what is the rationale for removing the 300-foot buffer and one-per-block restriction for cannabis retailers; won’t allowing multiple cannabis businesses on the same block create excessive competition and harm smaller operators; how will the equity program provide real support for equity applicants beyond fee waivers; will there be transparency for business owners to see where other cannabis permit applications are in progress, so applicants can make informed decisions about location and competition; will the equity program include mentorship or technical assistance for equity applicants, and if not, will the city partner with nonprofits or outside organizations to provide such support; has the requirement for equity applicants to have majority ownership, combined with the other eligibility criteria (such as conviction history and low income) worked in other jurisdictions, and are there examples of success or challenges with this approach; will the equity program’s eligibility requirements confer any preference in awarding permits, or will they only provide access to program elements like fee waivers and priority processing; has the city considered working with nonprofits or external partners to provide mentorship for equity applicants, and is there grant funding available for such programs; has there ever been a discussion about setting a maximum number of cannabis stores in the city; has the council previously considered a citywide cap on cannabis businesses; can the city provide transparency for business owners to see not only where approved cannabis permits are located, but also where proposed permits are in process, to help applicants make informed decisions about location.

Considerable discussion ensued on topics including, but not limited to concern that removing the one-per-block restriction could harm small or equity-focused cannabis businesses by allowing larger, well-funded operators to quickly saturate certain areas, making it harder for lessresourced applicants to succeed; the need for genuine support for equity applicants, not just fee waivers, but also mentorship and operational guidance to ensure their success; revisiting the issue if problems arise after the first several applicants; the ability for clustering leading to synergy; equity issues related to access to capital and resources and not necessarily the number of stores per block; the current state of the cannabis industry being in an economic downturn; the need for the city to focus on providing resources and support to equity applicants, rather than limiting competition; transparency for applicants about where other permits are in process, so business owners can make informed decisions; giving business owners the flexibility to choose their location market forces determining the best outcomes; direction to staff to liaise with the County’s Office of Cannabis Management, which is developing an entrepreneurship boot camp and other resources for social equity applicants; the importance of mentorship,

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technical assistance, and cohort-based support for equity applicants; encouraging staff to connect applicants with these resources; concerns about the lack of a citywide cap and the potential for over-saturation; and that the city should consider a more structured approach to limiting the number of cannabis businesses in the future, if necessary.

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

AYES: Councilmembers Zernitskaya, Snell, Raskin, Hall, Zwick Mayor Pro Tem Torosis
NOES: Mayor Negrete
ABSENT: None
Mayor Negrete stated that she voted no on the item due to concerns that the item needed some more consideration and that she wants to ensure the equity support system will be genuinely effective.

COUNCILMEMBER
DISCUSSION ITEMS:

In accordance with Council Rule 6(y), all Councilmember Discussion items were considered and approved in one motion unless removed by a Councilmember for discussion.

Items 16.A., 16.B., 16.C., 16.D., 16.I., and 16.L were removed and considered separately in accordance with Council Rule 6(y).

Motion by Councilmember Hall, seconded by Councilmember Raskin, to approve the Councilmember Discussion Items except for Items 16.A., 16.B.,

16.C., 16.D., 16.I., and 16.L. The motion was approved by the following vote:

AYES: Councilmembers Zernitskaya, Snell, Raskin, Hall, Zwick Mayor Pro Tem Torosis, Mayor Negrete
NOES: None
ABSENT: None

DOWNTOWN SANTA
MONICA, INC.

16.A. Appointment to three unscheduled vacancies for terms ending on June 30, 2026, and three unscheduled vacancies for terms ending on June 30, 2028 on the Downtown Santa Monica, Inc. Board, was heard.

On order of the Mayor, the floor was opened for nominations for the three terms expiring in June 2026.

Mayor Pro Tem Torosis nominated Sean Besser, Richard Bloom, Gleam Davis, Jonathan Gregory, Judy Kruger, Hodge Patterson, IV, and Elaine Polacheck.

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Mayor Negrete nominated Albin Gielicz.

Councilmember Hall nominated Jeff Jarrow.

The rank choice votes were as follows:

Round 1
Councilmember Zernitskaya: Richard Bloom, Gleam Davis, Sean Besser, Jeff Jarrow, Elaine Polachek, Judy Kruger, Hodge Patterson, Alexander Brown, Thomas Sullivan, Albin Gielicz, Jonathan Gregory, Adam Badawy Councilmember Snell: Hodge Patterson, Elaine Polachek, Sean Besser, Jonathan Gregory, Gleam Davis, Richard Bloom
Councilmember Hall: Hodge Patterson, Sean Besser, Elaine Polachek, Judy Kruger, Jeff Jarrow
Mayor Pro Tem Torosis: Hodge Patterson, Sean Besser, Judy Kruger, Elaine Polachek, Jeff Jarrow
Councilmember Raskin: Judy Kruger, Elaine Polachek, Richard Bloom, Gleam Davis, Albin Gielicz, Sean Besser, Jeff Jarrow
Councilmember Zwick: Judy Kruger, Hodge Patterson, Gleam Davis, Richard Bloom, Jonathan Gregory, Sean Besser, Elaine Polachek, Jeff Jarrow, Albin Gielicz
Mayor Negrete: Albin Gielicz, Judy Kruger, Jeff Jarrow, Sean Besser, Hodge Patterson, Elaine Polachek, Jonathan Gregory, Richard Bloom, Gleam Davis Result: Hodge Patterson was selected to one seat.

Round 2
Councilmember Zernitskaya: Richard Bloom, Gleam Davis, Sean Besser, Jeff Jarrow, Elaine Polachek, Judy Kruger, Alexander Brown, Thomas Sullivan, Albin Gielicz, Jonathan Gregory, Adam Badawy
Councilmember Snell: Elaine Polachek, Sean Besser, Jonathan Gregory, Gleam Davis, Richard Bloom, Hodge Patterson
Councilmember Hall: Sean Besser, Elaine Polachek, Judy Kruger, Jeff Jarrow, Hodge Patterson

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Packet Pg. 1599 Minutes Acceptance: Minutes of Sep 9, 2025 5:30 PM (CONSENT CALENDAR) 19 September 9, 2025
Mayor Pro Tem Torosis: Sean Besser, Judy Kruger, Elaine Polachek, Jeff Jarrow, Hodge Patterson
Councilmember Raskin: Judy Kruger, Elaine Polachek, Richard Bloom, Gleam Davis, Albin Gielicz, Sean Besser, Jeff Jarrow
Councilmember Zwick: Judy Kruger, Gleam Davis, Richard Bloom, Jonathan Gregory, Sean Besser, Elaine Polachek, Jeff Jarrow, Albin Gielicz Mayor Negrete: Albin Gielicz, Judy Kruger, Jeff Jarrow, Sean Besser, Elaine Polachek, Jonathan Gregory, Richard Bloom, Gleam Davis
Result: Judy Kruger was selected to one seat.

Round 3
Councilmember Zernitskaya: Richard Bloom, Gleam Davis, Sean Besser, Jeff Jarrow, Elaine Polachek, Alexander Brown, Thomas Sullivan, Albin Gielicz, Jonathan Gregory, Adam Badawy
Councilmember Snell: Elaine Polachek, Sean Besser, Jonathan Gregory, Gleam Davis, Richard Bloom, Hodge Patterson
Councilmember Hall: Sean Besser, Elaine Polachek, Jeff Jarrow, Hodge Patterson
Mayor Pro Tem Torosis: Sean Besser, Elaine Polachek, Jeff Jarrow, Hodge Patterson
Councilmember Raskin: Elaine Polachek, Richard Bloom, Gleam Davis, Albin Gielicz, Sean Besser, Jeff Jarrow, Judy Kruger
Councilmember Zwick: Gleam Davis, Richard Bloom, Jonathan Gregory, Sean Besser, Elaine Polachek, Jeff Jarrow, Albin Gielicz, Judy Kruger Mayor Negrete: Albin Gielicz, Jeff Jarrow, Sean Besser, Elaine Polachek, Jonathan Gregory, Richard Bloom, Gleam Davis
Result: Gleam Davis was eliminated.

Round 4
Councilmember Zernitskaya: Richard Bloom, Sean Besser, Elaine Polachek, Albin Gielicz
Councilmember Snell: Elaine Polachek, Sean Besser, Richard Bloom,

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Hodge Patterson
Councilmember Hall: Sean Besser, Elaine Polachek, Hodge Patterson Mayor Pro Tem Torosis: Sean Besser, Elaine Polachek, Hodge Patterson Councilmember Raskin: Elaine Polachek, Richard Bloom, Albin Gielicz, Sean Besser, Judy Kruger
Councilmember Zwick: Richard Bloom, Sean Besser, Elaine Polachek, Albin Gielicz, Judy Kruger, Gleam Davis
Mayor Negrete: Albin Gielicz, Sean Besser, Elaine Polachek, Richard Bloom
Result: Elaine Polachek was eliminated.

Round 5
Councilmember Zernitskaya: Richard Bloom, Sean Besser, Albin Gielicz Councilmember Snell: Sean Besser, Richard Bloom, Hodge Patterson, Elaine Polachek
Councilmember Hall: Sean Besser, Hodge Patterson
Mayor Pro Tem Torosis: Sean Besser, Hodge Patterson
Councilmember Raskin: Richard Bloom, Albin Gielicz, Sean Besser, Judy Kruger, Elaine Polachek
Councilmember Zwick: Richard Bloom, Sean Besser, Albin Gielicz, Judy Kruger, Gleam Davis,
Mayor Negrete: Albin Gielicz, Sean Besser, Richard Bloom Result: Albin Gielicz was eliminated.

Round 6
Councilmember Zernitskaya: Richard Bloom, Sean Besser
Councilmember Snell: Sean Besser, Richard Bloom, Hodge Patterson, Elaine Polachek,
Councilmember Hall: Sean Besser, Hodge Patterson

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Mayor Pro Tem Torosis: Sean Besser, Hodge Patterson
Councilmember Raskin: Richard Bloom, Sean Besser, Judy Kruger, Elaine Polachek
Councilmember Zwick: Richard Bloom, Sean Besser, Judy Kruger, Gleam Davis
Mayor Negrete: Sean Besser, Richard Bloom, Albin Gielicz Result: Result: Sean Besser was selected to one seat.

On order of the Mayor, the floor was opened for nominations for the three terms expiring in June 2028.

Councilmember Snell nominated Richard Bloom, Gleam Davis, Jonathan Gregory.

Mayor Negrete nominated Albin Gielicz and Jeff Jarrow.

Councilmember Hall nominated Elaine Polachek.

Round 1
Mayor Negrete: Albin Gielicz, Jeff Jarrow, Elaine Polachek Councilmember Raskin: Albin Gielicz, Elaine Polachek, Gleam Davis, Richard Bloom, Jeff Jarrow
Councilmember Snell: Gleam Davis, Jonathan Gregory, Richard Bloom Councilmember Hall: Gleam Davis, Richard Bloom, Jonathan Gregory, Elaine Polachek, Jeff Jarrow
Councilmember Zwick: Gleam Davis, Richard Bloom, Jonathan Gregory, Elaine Polachek, Jeff Jarrow, Albin Gielicz
Mayor Pro Tem Torosis: Gleam Davis, Richard Bloom, Jonathan Gregory Councilmember Zernitskaya: Richard Bloom, Gleam Davis, Elaine Polachek, Jeff Jarrow, Albin Gielicz, Jonathan Gregory
Result: Gleam Davis was selected to one seat.

Round 2

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Mayor Negrete: Albin Gielicz, Jeff Jarrow, Elaine Polachek Councilmember Raskin: Albin Gielicz, Elaine Polachek, Richard Bloom, Jeff Jarrow
Councilmember Snell: Jonathan Gregory, Richard Bloom, Gleam Davis Councilmember Hall: Richard Bloom, Jonathan Gregory, Elaine Polachek, Jeff Jarrow, Gleam Davis
Councilmember Zwick: Richard Bloom, Jonathan Gregory, Elaine Polachek, Jeff Jarrow, Albin Gielicz, Gleam Davis
Mayor Pro Tem Torosis: Richard Bloom, Jonathan Gregory, Gleam Davis Councilmember Zernitskaya: Richard Bloom, Elaine Polachek, Jeff Jarrow, Albin Gielicz, Jonathan Gregory
Result: Richard Bloom was selected to one seat.

Round 3
Mayor Negrete: Albin Gielicz, Jeff Jarrow, Elaine Polachek Councilmember Raskin: Albin Gielicz, Elaine Polachek, Jeff Jarrow Councilmember Snell: Jonathan Gregory, Gleam Davis
Councilmember Hall: Jonathan Gregory, Elaine Polachek, Jeff Jarrow, Gleam Davis, Richard Bloom
Councilmember Zwick: Jonathan Gregory, Elaine Polachek, Jeff Jarrow, Albin Gielicz, Gleam Davis, Richard Bloom
Mayor Pro Tem Torosis: Jonathan Gregory, Gleam Davis, Richard Bloom Councilmember Zernitskaya: Elaine Polachek, Jeff Jarrow, Albin Gielicz, Jonathan Gregory, Richard Bloom
Result: Albin Gielicz was selected to one seat.

ARTS COMMISSION 16.B. Appointment to one unscheduled vacancy for a term ending on June 30, 2026 on the Arts Commission, was heard.

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

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Packet Pg. 1603 Minutes Acceptance: Minutes of Sep 9, 2025 5:30 PM (CONSENT CALENDAR) 23 September 9, 2025
Councilmember Zernitskaya nominated Julius Carlson.

Councilmember Hall nominated Phyllis Miller, Thomas Sullivan, Julia Carnahan.

Councilmember Hall: Julia Carnahan, Thomas Sullivan, Phyllis Miller, Julius Carlson
Councilmember Zwick: Julia Carnahan, Phyllis Miller, Thomas Sullivan, Julius Carlson
Mayor Pro Tem Torosis: Julia Carnahan, Phyllis Miller, Thomas Sulivan Councilmember Zernitskaya: Julia Carnahan, Phyllis Miller, Julius Carlson, Thomas Sullivan
Mayor Negrete: Julia Carnahan, Julius Carlson, Thomas Sullivan, Phyllis Miller
Councilmember Raskin: Julia Carnahan
Councilmember Snell: Julius Carlson, Sullivan Thomas, Phyllis Miller Result: Julia Carnahan was selected.

MEASURE GS RESIDENT

OVERSIGHT

COMMITTEE

16.C. Appointments to five scheduled vacancies on the Measure GS Resident Oversight Committee for terms ending on June 30, 2029, was heard.

On order of the Mayor, the floor was opened for nominations for a seat reserved for a resident determined to be low income.

Mayor Pro Tem Torosis nominated Milan Ramsey.

Milan Ramsey was voted by acclamation – unanimous roll call vote in her favor.

On order of the Mayor, the floor was opened for nominations for a seat reserved for a resident of any income.

Councilmember Hall nominated Sam Shapiro-Kline, Mark Bertler, David Goltsman and Dave Waterfall.

Round 1

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Councilmember Raskin: Sam Shapiro-Kline, Mark Bertler, Dave Waterfall, David Goltsman
Councilmember Hall: Sam Shapiro-Kline, Mark Bertler, David Goltsman, Dave Waterfall
Councilmember Zwick: Sam Shapiro-Kline, Mark Bertler, David Goltsman, Dave Waterfall
Councilmember Zernitskaya: Sam Shapiro-Kline, Mark Bertler, David Goltsman, Dave Waterfall
Mayor Pro Tem Torosis: Sam Shapiro-Kline, Mark Bertler, David Goltsman, Dave Waterfall
Councilmember Snell: Sam Shapiro-Kline
Mayor Negrete: Mark Bertler, Sam Shapiro-Kline, David Goltsman, Dave Waterfall
Result: Sam Shapiro-Klein was selected to a seat.

Round 2
Councilmember Raskin: Mark Bertler, Dave Waterfall, David Goltsman, Sam Shapiro-Kline
Councilmember Hall: Mark Bertler, David Goltsman, Dave Waterfall, Sam Shapiro-Kline
Councilmember Zwick: Mark Bertler, David Goltsman, Dave Waterfall, Sam Shapiro-Kline
Councilmember Zernitskaya: Mark Bertler, David Goltsman, Dave Waterfall, Sam Shapiro-Kline
Mayor Pro Tem Torosis: Mark Bertler, David Goltsman, Dave Waterfall, Sam Shapiro-Kline
Councilmember Snell: Sam Shapiro-Kline
Mayor Negrete: Mark Bertler, David Goltsman, Dave Waterfall Result: Mark Bertler was selected to a seat.

Round 2

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Councilmember Raskin: Dave Waterfall, David Goltsman, Sam ShapiroKline, Mark Bertler Councilmember Hall: David Goltsman, Dave Waterfall, Sam Shapiro-Kline, Mark Bertler
Councilmember Zwick: David Goltsman, Dave Waterfall, Sam ShapiroKline, Mark Bertler Councilmember Zernitskaya: David Goltsman, Dave Waterfall, Sam Shapiro-Kline, Mark Bertler
Mayor Pro Tem Torosis: David Goltsman, Dave Waterfall, Sam ShapiroKline, Mark Bertler Councilmember Snell: Sam Shapiro-Kline
Mayor Negrete: David Goltsman, Dave Waterfall, Mark Bertler Result: David Goltsman was selected to a seat.

DISABILITIES

COMMISSION

16.D. Appointment to one unscheduled vacancy on the Disabilities Commission for a term ending on June 30, 2028, was heard.

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

Councilmember Halll nominated Nicole Nguyen.

Nicole Nguyen was voted by acclamation – unanimous roll call vote in her favor.

HOUSING COMMISSION 16.E. Recommendation to accept Analise Wells's resignation from the Housing Commission and authorize the City Clerk to publish the vacancy, was accepted.

ARTS COMMISSION 16.F. Recommendation to accept Federico Galavis's resignation from the Arts Commission and authorize the City Clerk to publish the vacancy, was accepted.

ARTS COMMISSION 16.G. Recommendation to accept Staci Griesbach's resignation from the Arts Commission and authorize the City Clerk to publish the vacancy, was accepted.

WAYMO OPERATIONS

INVESTIGATION

16.H. Request of Councilmembers Zernitskaya, Hall and Mayor Pro Tem Torosis that the City Council consider directing the City Manager to investigate alleged violations of the Santa Monica Municipal Code

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related to Waymo’s operation at the Lots on Euclid and Broadway and develop a report that includes a of summary complaints, how the City is taking action, and what additional action(s) are under consideration to resolve resident complaints and alleged municipal code violations. A community meeting between impacted residents and other parties as needed to provide the community with updates on how the City is addressing their concerns and a forum to share experiences shall be held within 30 days, was approved.

PILOT MICROGRANT

PROGRAM

16.I. Request of Mayor Negrete that the City Council direct the City Manager to create a pilot microgrant program to address the habitability of Rent-Controlled/Deed Restricted Units, was heard.

Motion by Mayor Negrete, seconded by Councilmember Zernitskaya, to adopt the approve the item with direction for staff to work with the Rent Control Board in creating the program. The motion was approved by the following vote:

AYES: Councilmembers Zernitskaya, Snell, Raskin, Hall, Zwick Mayor Pro Tem Torosis, Mayor Negrete
NOES: None
ABSENT: None

AFFORDABLE HOUSING

PILOT INCENTIVE

PROGRAM ONLINE
PORTAL

16.J. Request of Mayor Negrete that the City Council direct the City Manager to create an online portal and mapping feature to track the application status and progress of all Development Entities taking advantage of the new Off-Site Affordable Housing Pilot Incentive Program, was approved.

DISCONTINUE WORK

EFFORTS

16.K. Request of Councilmember Raskin that the City Council consider directing the City Manager to discontinue work efforts related to four previously requested Council Direction 16 Items, was approved.

WAIVING OF FEES 16.L. Request of Councilmember Snell that the City Council consider waving of fees for the GREENwell event organized by Alpha Kappa Alpha Sorority, Inc. Sigma Lambda Omega Chapter on Sunday, September 21, 2025, that will celebrate their participation in the Coastal Clean Up Day 2025 , by directing the City Manager to waive the City’s portion of fees, including application, administrative, neighborhood notification, container fees, parking, and zero waste plan fees associated with the use of Cresent Bay Park in an amount up to $2,150 in waived fees, was heard.

Motion by Councilmember Hall, seconded by Councilmember Snell, to approve the item. The motion was approved by the following vote:

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AYES: Councilmembers Zwick, Raskin, Snell, Zernitskaya
Mayor Pro Tem Torosis, Mayor Negrete
NOES: Councilmember Hall
ABSENT: None
Councilmember Hall stated that he voted no on the item not because he doesn’t support the event but because a framework has not yet been brought forth to Council to provide guidance on these fee waiver requests.

ADJOURNMENT On order of the Mayor, the City Council meeting adjourned at 1:03 a.m. in memory of Matthew Sussman.

ATTEST: APPROVED:

Nikima S. Newsome Lana Negrete
City Clerk Mayor

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(NOT APPROVED)

CITY OF SANTA MONICA

CITY COUNCIL MINUTES
SEPTEMBER 9, 2025
A special meeting of the Santa Monica City Council was called to order by Mayor Negrete at 5:35 p.m., on Tuesday, September 9, 2025, at City Council Chambers, 1685 Main Street, Santa Monica, CA, and at a teleconference site in San Sebastián, 20004 Spain.

STATEMENT OF

ACCOUNTABILITY
(LAND

The City of Santa Monica Statement of Accountability (Land Acknowledgement) was read into the record by Councilmember Raskin.

LEVINE ACT Pursuant to the Levine Act (Govt Code Section 84308), any party to a

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Packet Pg. 1609 Minutes Acceptance: Minutes of Sep 9, 2025 5:35 PM (CONSENT CALENDAR) 2 September 9, 2025
DISCLOSURE permit, license, contract, or other entitlement before the Council is required to disclose on the record any contribution, including aggregated contributions, of more than $500 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.

No Councilmembers recused from any items on the agenda pursuant to the Levine Act.

PUBLIC INPUT FOR
CLOSED SESSION ONLY:

Member of the public Denise Barton commented on Closed Session items.

CLOSED SESSIONS
(Mayor Pro Tem Torosis
excused at 7:15 p.m.)
(Mayor Pro Tem Torosis
returned at approximately
7:45 P.M.)
On order of the Mayor, the City Council recessed at 7:15 p.m., to consider Closed Sessions and returned at 9:30 p.m., with all members present, to report the following:

5.A. Conference with Legal Counsel – Existing Litigation - Gov. Code § 54956.9(d)(1): Leonid Pustilnikov, Jon Farzam v. City of Santa Monica, City Council, Downtown Santa Monica, Inc.; LASC # 25STCP03460
The City Attorney advised this matter was heard with no reportable action taken.

ADJOURNMENT On order of the Mayor, the City Council meeting adjourned at 9:31 p.m.

ATTEST: APPROVED:

Nikima S. Newsome Lana Negrete
City Clerk Mayor

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Packet Pg. 1610 Minutes Acceptance: Minutes of Sep 9, 2025 5:35 PM (CONSENT CALENDAR) City Council
Report
City Council Meeting: September 30, 2025
Agenda Item: 5.B
1 of 1
To: Mayor and City Council
From: Heidi Von Tongeln, Interim City Attorney, City Attorney's Office Subject: Conference with real estate negotiator - Gov. Code § 54956.8; property: 3100 Donald Douglas Loop North, Santa Monica, California; City negotiator: Oliver Chi, City Manager; persons to be negotiated with: Delux Public Charter, LLC dba JSX Air (JSX); JSX negotiator: Alex Wilcox, CEO; under negotiation:
lease price and terms of payment
Prepared By: Andrew Cabello, Legal Assistant
Approved Forwarded to Council
Attachments:

A. Written Comments

5.B
Packet Pg. 1611
1 David Yakobson
From: Jim Ford <[email protected]>
Sent: Tuesday, September 23, 2025 7:02 PM
To: Council Mailbox
Subject: Letter of Support for JSX at SMO

EXTERNAL
Dear Councilperson Councilperson,
this would be a wonderful addition to our community
Honorable Mayor Lana Negrete
Mayor Pro Tempore Caroline Torosis
Members of Santa Monica City Council
Members of Santa Monica Airport Commission
Mr. Oliver Chi, City Manager
Mr. Stelios Makrides, Airport Director
City of Santa Monica
1685 Main Street
Santa Monica, CA 90401
Dear Mayor Negrete, Mayor Pro Tempore Torosis, City Council, Airport Commission, City Manager, and Airport Director:

As a proud resident of Santa Monica, I am writing to express my enthusiastic support for JSX’s proposed operations at Santa Monica Airport (SMO). JSX has committed to flying quiet, environmentally responsible and efficient aircraft during regular airport hours. Their proposal for a direct lease with the city represents a smart, communityfirst solution that benefits all of us.

Item 5-B
September 20, 2025
Item 5-B
September 20, 2025

5.B.a
Packet Pg. 1612 Attachment: Written Comments [Revision 1] (7334 : Closed Session: Real Estate Negotiator JSX) 2 JSX can help reduce traffic emissions by eliminating the need to drive to distant airports. More 2,200 Santa Monica residents, including myself, already drive further just to fly JSX from other airports. Not only will this improve the quality of life for residents, but this will also help support local businesses by attracting inbound tourists. With major global events like the 2026 World Cup and the 2028 Olympics and Paralympics on the horizon, this kind of accessible, environmentally responsible air travel will be more valuable than ever, and the revenue the city generates from JSX’s operations can be reinvested into vital community programs across Santa Monica.

As your constituent, I urge you to act in the best interest of our city and approve a direct lease for JSX to operate at SMO. Thank you for your leadership and commitment to our community.

Sincerely,
Jim Ford
506 Palisades Beach Rd
Santa Monica, CA 90402
[email protected]
Item 5-B
September 20, 2025
Item 5-B
September 20, 2025

5.B.a
Packet Pg. 1613 Attachment: Written Comments [Revision 1] (7334 : Closed Session: Real Estate Negotiator JSX) 1 David Yakobson
From: Peter Schlessel <[email protected]>
Sent: Tuesday, September 23, 2025 7:36 PM
To: Council Mailbox
Subject: Letter of Support for JSX at SMO

EXTERNAL
Dear Councilperson Councilperson,
Santa Monica needs the revenue.

Honorable Mayor Lana Negrete
Mayor Pro Tempore Caroline Torosis
Members of Santa Monica City Council
Members of Santa Monica Airport Commission
Mr. Oliver Chi, City Manager
Mr. Stelios Makrides, Airport Director
City of Santa Monica
1685 Main Street
Santa Monica, CA 90401
Dear Mayor Negrete, Mayor Pro Tempore Torosis, City Council, Airport Commission, City Manager, and Airport Director:

Item 5-B
September 20, 2025
Item 5-B
September 20, 2025

5.B.a
Packet Pg. 1614 Attachment: Written Comments [Revision 1] (7334 : Closed Session: Real Estate Negotiator JSX) 2 JSX can help reduce traffic emissions by eliminating the need to drive to distant airports. More 2,200 Santa Monica residents, including myself, already drive further just to fly JSX from other airports. Not only will this improve the quality of life for residents, but this will also help support local businesses by attracting inbound tourists. With major global events like the 2026 World Cup and the 2028 Olympics and Paralympics on the horizon, this kind of accessible, environmentally responsible air travel will be more valuable than ever, and the revenue the city generates from JSX’s operations can be reinvested into vital community programs across Santa Monica.

As your constituent, I urge you to act in the best interest of our city and approve a direct lease for JSX to operate at SMO. Thank you for your leadership and commitment to our community.

Sincerely,
Peter Schlessel
616 25th St
Santa Monica, CA 90402
[email protected]
Item 5-B
September 20, 2025
Item 5-B
September 20, 2025

5.B.a
Packet Pg. 1615 Attachment: Written Comments [Revision 1] (7334 : Closed Session: Real Estate Negotiator JSX) 1 David Yakobson
From: Kristen Jeffers <[email protected]>
Sent: Tuesday, September 23, 2025 9:18 PM
To: Council Mailbox
Subject: Letter of Support for JSX at SMO

EXTERNAL
Dear Councilperson Councilperson,
I am a resident of Sunset Park and strongly support JSX utilizing the SMO facilities to provide convenient and accessible commercial air service to SM residents in a thoughtful and low impact way. Further, the fiscal benefits to the city are critically important as it manages significant financial distress are a huge benefit while providing a excellent service to Samo residents.

Item 5-B
September 20, 2025
Item 5-B
September 20, 2025

5.B.a
Packet Pg. 1616 Attachment: Written Comments [Revision 1] (7334 : Closed Session: Real Estate Negotiator JSX) 2 JSX can help reduce traffic emissions by eliminating the need to drive to distant airports. More 2,200 Santa Monica residents, including myself, already drive further just to fly JSX from other airports. Not only will this improve the quality of life for residents, but this will also help support local businesses by attracting inbound tourists. With major global events like the 2026 World Cup and the 2028 Olympics and Paralympics on the horizon, this kind of accessible, environmentally responsible air travel will be more valuable than ever, and the revenue the city generates from JSX’s operations can be reinvested into vital community programs across Santa Monica.

As your constituent, I urge you to act in the best interest of our city and approve a direct lease for JSX to operate at SMO. Thank you for your leadership and commitment to our community.

Sincerely,
Kristen Jeffers
1707 Ashland Ave
Santa Monica, CA 90405
[email protected]
Item 5-B
September 20, 2025
Item 5-B
September 20, 2025

5.B.a
Packet Pg. 1617 Attachment: Written Comments [Revision 1] (7334 : Closed Session: Real Estate Negotiator JSX) 1 David Yakobson
From: Christina Ricci <[email protected]>
Sent: Wednesday, September 24, 2025 11:35 AM
To: Council Mailbox
Subject: Letter of Support for JSX at SMO

EXTERNAL
Dear Councilperson Councilperson,
This airport would be a game change on traffic with in the city. Having SMO stay open will allow more travelers to be drawn to the area bringing in more business.

Item 5-B
September 20, 2025
Item 5-B
September 20, 2025

5.B.a
Packet Pg. 1618 Attachment: Written Comments [Revision 1] (7334 : Closed Session: Real Estate Negotiator JSX) 2 JSX can help reduce traffic emissions by eliminating the need to drive to distant airports. More 2,200 Santa Monica residents, including myself, already drive further just to fly JSX from other airports. Not only will this improve the quality of life for residents, but this will also help support local businesses by attracting inbound tourists. With major global events like the 2026 World Cup and the 2028 Olympics and Paralympics on the horizon, this kind of accessible, environmentally responsible air travel will be more valuable than ever, and the revenue the city generates from JSX’s operations can be reinvested into vital community programs across Santa Monica.

As your constituent, I urge you to act in the best interest of our city and approve a direct lease for JSX to operate at SMO. Thank you for your leadership and commitment to our community.

Sincerely,
Christina Ricci
7725 Gateway Unit 1207
Irvine, CA 92618
[email protected]
Item 5-B
September 20, 2025
Item 5-B
September 20, 2025

5.B.a
Packet Pg. 1619 Attachment: Written Comments [Revision 1] (7334 : Closed Session: Real Estate Negotiator JSX) 1 David Yakobson
From: Kelly Daigle <[email protected]>
Sent: Tuesday, September 23, 2025 8:56 PM
To: Council Mailbox
Subject: Letter of Support for JSX at SMO

EXTERNAL
Dear Councilperson Councilperson,
Honorable Mayor Lana Negrete
Mayor Pro Tempore Caroline Torosis
Members of Santa Monica City Council
Members of Santa Monica Airport Commission
Mr. Oliver Chi, City Manager
Mr. Stelios Makrides, Airport Director
City of Santa Monica
1685 Main Street
Santa Monica, CA 90401
Dear Mayor Negrete, Mayor Pro Tempore Torosis, City Council, Airport Commission, City Manager, and Airport Director:

JSX can help reduce traffic emissions by eliminating the need to drive to distant airports. More 2,200 Santa Monica residents, including myself, already drive further just to fly JSX from other airports. Not only will this improve the quality of life for residents, but this will also help support local businesses by attracting inbound tourists. With major global events like the 2026 World Cup and the 2028 Olympics and Paralympics on the horizon, this kind of Item 5-B
September 20, 2025
Item 5-B
September 20, 2025

5.B.a
Packet Pg. 1620 Attachment: Written Comments [Revision 1] (7334 : Closed Session: Real Estate Negotiator JSX) 2 accessible, environmentally responsible air travel will be more valuable than ever, and the revenue the city generates from JSX’s operations can be reinvested into vital community programs across Santa Monica.

As your constituent, I urge you to act in the best interest of our city and approve a direct lease for JSX to operate at SMO. Thank you for your leadership and commitment to our community.

Sincerely,
Kelly Daigle
3019 Wilshire Blvd Apt 298
Santa Monica, CA 90403
[email protected]
Item 5-B
September 20, 2025
Item 5-B
September 20, 2025

5.B.a
Packet Pg. 1621 Attachment: Written Comments [Revision 1] (7334 : Closed Session: Real Estate Negotiator JSX) 1 David Yakobson
From: Gary Adwar <[email protected]>
Sent: Tuesday, September 23, 2025 8:58 PM
To: Council Mailbox
Subject: Letter of Support for JSX at SMO

EXTERNAL
Dear Councilperson Councilperson,
I am a resident of Santa Monica. I fly on JSX out of Burbank and its a real inconvenience to shlep to Burbank.

Item 5-B
September 20, 2025
Item 5-B
September 20, 2025

5.B.a
Packet Pg. 1622 Attachment: Written Comments [Revision 1] (7334 : Closed Session: Real Estate Negotiator JSX) 2 JSX can help reduce traffic emissions by eliminating the need to drive to distant airports. More 2,200 Santa Monica residents, including myself, already drive further just to fly JSX from other airports. Not only will this improve the quality of life for residents, but this will also help support local businesses by attracting inbound tourists. With major global events like the 2026 World Cup and the 2028 Olympics and Paralympics on the horizon, this kind of accessible, environmentally responsible air travel will be more valuable than ever, and the revenue the city generates from JSX’s operations can be reinvested into vital community programs across Santa Monica.

As your constituent, I urge you to act in the best interest of our city and approve a direct lease for JSX to operate at SMO. Thank you for your leadership and commitment to our community.

Sincerely,
Gary Adwar
616 San Vicente Blvd
Santa Monica, CA 90402
[email protected]
Item 5-B
September 20, 2025
Item 5-B
September 20, 2025

5.B.a
Packet Pg. 1623 Attachment: Written Comments [Revision 1] (7334 : Closed Session: Real Estate Negotiator JSX) 1 David Yakobson
From: Sara Saville <[email protected]>
Sent: Wednesday, September 24, 2025 10:22 AM
To: Council Mailbox
Subject: Letter of Support for JSX at SMO

EXTERNAL
Dear Councilperson Councilperson,
Why not?! We love JSX and this bringd toursim to beloved Santa Monica! Honorable Mayor Lana Negrete
Mayor Pro Tempore Caroline Torosis
Members of Santa Monica City Council
Members of Santa Monica Airport Commission
Mr. Oliver Chi, City Manager
Mr. Stelios Makrides, Airport Director
City of Santa Monica
1685 Main Street
Santa Monica, CA 90401
Dear Mayor Negrete, Mayor Pro Tempore Torosis, City Council, Airport Commission, City Manager, and Airport Director:

Item 5-B
September 20, 2025
Item 5-B
September 20, 2025

5.B.a
Packet Pg. 1624 Attachment: Written Comments [Revision 1] (7334 : Closed Session: Real Estate Negotiator JSX) 2 JSX can help reduce traffic emissions by eliminating the need to drive to distant airports. More 2,200 Santa Monica residents, including myself, already drive further just to fly JSX from other airports. Not only will this improve the quality of life for residents, but this will also help support local businesses by attracting inbound tourists. With major global events like the 2026 World Cup and the 2028 Olympics and Paralympics on the horizon, this kind of accessible, environmentally responsible air travel will be more valuable than ever, and the revenue the city generates from JSX’s operations can be reinvested into vital community programs across Santa Monica.

As your constituent, I urge you to act in the best interest of our city and approve a direct lease for JSX to operate at SMO. Thank you for your leadership and commitment to our community.

Sincerely,
Sara Saville
383 5th St NE
Atlanta, GA 30308
[email protected]
Item 5-B
September 20, 2025
Item 5-B
September 20, 2025

5.B.a
Packet Pg. 1625 Attachment: Written Comments [Revision 1] (7334 : Closed Session: Real Estate Negotiator JSX) 1 David Yakobson
From: Richard Daniels <[email protected]>
Sent: Wednesday, September 24, 2025 9:13 AM
To: Council Mailbox
Subject: Letter of Support for JSX at SMO

EXTERNAL
Dear Councilperson Councilperson,
While I am disheartened by the looming closure of our storied neighborhood airport, I am excited about the prospect of JSX serving our community. I am strongly in favor of this.

Item 5-B
September 20, 2025
Item 5-B
September 20, 2025

5.B.a
Packet Pg. 1626 Attachment: Written Comments [Revision 1] (7334 : Closed Session: Real Estate Negotiator JSX) 2 JSX can help reduce traffic emissions by eliminating the need to drive to distant airports. More 2,200 Santa Monica residents, including myself, already drive further just to fly JSX from other airports. Not only will this improve the quality of life for residents, but this will also help support local businesses by attracting inbound tourists. With major global events like the 2026 World Cup and the 2028 Olympics and Paralympics on the horizon, this kind of accessible, environmentally responsible air travel will be more valuable than ever, and the revenue the city generates from JSX’s operations can be reinvested into vital community programs across Santa Monica.

As your constituent, I urge you to act in the best interest of our city and approve a direct lease for JSX to operate at SMO. Thank you for your leadership and commitment to our community.

Sincerely,
Richard Daniels
2525 31st St
Santa Monica, CA 90405
[email protected]
Item 5-B
September 20, 2025
Item 5-B
September 20, 2025

5.B.a
Packet Pg. 1627 Attachment: Written Comments [Revision 1] (7334 : Closed Session: Real Estate Negotiator JSX) 1 David Yakobson
From: Lia Seabold <[email protected]>
Sent: Tuesday, September 23, 2025 8:56 PM
To: Council Mailbox
Subject: Letter of Support for JSX at SMO

EXTERNAL
Dear Councilperson Councilperson,
This would be one of the most exciting things to happen in Santa Monica in years! For those of us loyal JSX customers who drive all the way to Burbank to catch a flight, a Santa Monica location would be a game changer! Honorable Mayor Lana Negrete
Mayor Pro Tempore Caroline Torosis
Members of Santa Monica City Council
Members of Santa Monica Airport Commission
Mr. Oliver Chi, City Manager
Mr. Stelios Makrides, Airport Director
City of Santa Monica
1685 Main Street
Santa Monica, CA 90401
Dear Mayor Negrete, Mayor Pro Tempore Torosis, City Council, Airport Commission, City Manager, and Airport Director:

Item 5-B
September 20, 2025
Item 5-B
September 20, 2025

5.B.a
Packet Pg. 1628 Attachment: Written Comments [Revision 1] (7334 : Closed Session: Real Estate Negotiator JSX) 2 JSX can help reduce traffic emissions by eliminating the need to drive to distant airports. More 2,200 Santa Monica residents, including myself, already drive further just to fly JSX from other airports. Not only will this improve the quality of life for residents, but this will also help support local businesses by attracting inbound tourists. With major global events like the 2026 World Cup and the 2028 Olympics and Paralympics on the horizon, this kind of accessible, environmentally responsible air travel will be more valuable than ever, and the revenue the city generates from JSX’s operations can be reinvested into vital community programs across Santa Monica.

As your constituent, I urge you to act in the best interest of our city and approve a direct lease for JSX to operate at SMO. Thank you for your leadership and commitment to our community.

Sincerely,
Lia Seabold
264 21st Pl
Santa Monica, CA 90402
[email protected]
Item 5-B
September 20, 2025
Item 5-B
September 20, 2025

5.B.a
Packet Pg. 1629 Attachment: Written Comments [Revision 1] (7334 : Closed Session: Real Estate Negotiator JSX) 1 David Yakobson
From: Jhonathan Torrero <[email protected]>
Sent: Thursday, September 25, 2025 5:51 PM
To: Airport Mailbox; Council Mailbox
Subject: In Favor of JSX and continued operations

EXTERNAL
Hello!
As a Resident and former Student Pilot of Santa Monica airport since the days of Justice Aviation in the 2000s I fully support JSX and continued operations of Santa Monica airport to continue training the best pilots in the world who need heavy air traffic experience and take off pattern recognition. I appreciate the support for this airport as someone who came from a low income family this has always been my home airport.
-Jhonathan Torrero
Item 5-B
September 20, 2025
Item 5-B
September 20, 2025

5.B.a
Packet Pg. 1630 Attachment: Written Comments [Revision 1] (7334 : Closed Session: Real Estate Negotiator JSX) 1 David Yakobson
From: Michelle Adams <[email protected]>
Sent: Thursday, September 25, 2025 6:27 PM
To: Council Mailbox
Subject: Letter of Support for JSX at SMO

EXTERNAL
Dear Councilperson Councilperson,
The next three years are pivotal for the City of Santa Monica, so we're asking for your support of JSX's planned public charter air service to Santa Monica. With major global events like the 2026 World Cup and 2028 Olympics & Paralympics approaching, these years represent a critical opportunity to strengthen the local economy and showcase Santa Monica on the world stage. JSX’s proposed operations at Santa Monica Airport represent an investment in the community that will make air travel more accessible, support local businesses, and ensure SMO provides functional services for residents during its remaining years of operation.

This is a great way to generate revenue and keep Santa Monica a hub of culture and bring the business to our doorsteps. Please support JSX at Santa Monica's Airport Honorable Mayor Lana Negrete
Mayor Pro Tempore Caroline Torosis
Members of Santa Monica City Council
Members of Santa Monica Airport Commission
Mr. Oliver Chi, City Manager
Mr. Stelios Makrides, Airport Director
City of Santa Monica
1685 Main Street
Santa Monica, CA 90401
Dear Mayor Negrete, Mayor Pro Tempore Torosis, City Council, Airport Commission, City Manager, and Airport Director:

Item 5-B
September 20, 2025
Item 5-B
September 20, 2025

5.B.a
Packet Pg. 1631 Attachment: Written Comments [Revision 1] (7334 : Closed Session: Real Estate Negotiator JSX) 2 As a proud resident of Santa Monica, I am writing to express my enthusiastic support for JSX’s proposed operations at Santa Monica Airport (SMO). JSX has committed to flying quiet, environmentally responsible and efficient aircraft during regular airport hours. Their proposal for a direct lease with the city represents a smart, communityfirst solution that benefits all of us.

JSX can help reduce traffic emissions by eliminating the need to drive to distant airports. More 2,200 Santa Monica residents, including myself, already drive further just to fly JSX from other airports. Not only will this improve the quality of life for residents, but this will also help support local businesses by attracting inbound tourists. With major global events like the 2026 World Cup and the 2028 Olympics and Paralympics on the horizon, this kind of accessible, environmentally responsible air travel will be more valuable than ever, and the revenue the city generates from JSX’s operations can be reinvested into vital community programs across Santa Monica.

As your constituent, I urge you to act in the best interest of our city and approve a direct lease for JSX to operate at SMO. Thank you for your leadership and commitment to our community.

Sincerely,
Michelle Adams
2511 31st St
Santa Monica, CA 90405
[email protected]
Item 5-B
September 20, 2025
Item 5-B
September 20, 2025

5.B.a
Packet Pg. 1632 Attachment: Written Comments [Revision 1] (7334 : Closed Session: Real Estate Negotiator JSX) 1 David Yakobson
From: Jeremy Goldman <[email protected]>
Sent: Friday, September 26, 2025 9:15 AM
To: Council Mailbox
Subject: Fwd: JSX at SM Airport? - awesome!

EXTERNAL
[email protected] | 917.376.8575
---------- Forwarded message ---------
From: Jeremy Goldman <[email protected]>
Date: Fri, Sep 26, 2025 at 9:13 AM
Subject: JSX at SM Airport? - awesome!
To: <[email protected]>, <[email protected]> Hello. I am a 10 year Santa Monica resident and homeowner at 2451 Cloverfield Blvd. Santa Monica airport is basically in our backyard. While I am in favor of converting the airport to an incredible public park, especially one with immaculate Pickleball courts, until the ground is broken on that ambitious project, I would be strongly in favor of granting JSX’s Application to offer flights from Santa Monica airport. I have flown that airline from Burbank airport and would be thrilled about the ability to take regional flights from our local airport. What a great way to ease the burden of travel and increase tourism for our city.
[email protected] | 917.376.8575
Item 5-B
September 20, 2025
Item 5-B
September 20, 2025

5.B.a
Packet Pg. 1633 Attachment: Written Comments [Revision 1] (7334 : Closed Session: Real Estate Negotiator JSX) 1 David Yakobson
From: Thomas Susko <[email protected]>
Sent: Friday, September 26, 2025 10:35 AM
To: Council Mailbox
Subject: Letter of Support for JSX at SMO

EXTERNAL
Dear Councilperson Councilperson,
I strongly support JSX serevice to SMO. This will promote business to the community and personally will facilitate my being able to come to Santa Monica for medical care.

Item 5-B
September 20, 2025
Item 5-B
September 20, 2025

5.B.a
Packet Pg. 1634 Attachment: Written Comments [Revision 1] (7334 : Closed Session: Real Estate Negotiator JSX) 2 JSX can help reduce traffic emissions by eliminating the need to drive to distant airports. More 2,200 Santa Monica residents, including myself, already drive further just to fly JSX from other airports. Not only will this improve the quality of life for residents, but this will also help support local businesses by attracting inbound tourists. With major global events like the 2026 World Cup and the 2028 Olympics and Paralympics on the horizon, this kind of accessible, environmentally responsible air travel will be more valuable than ever, and the revenue the city generates from JSX’s operations can be reinvested into vital community programs across Santa Monica.

As your constituent, I urge you to act in the best interest of our city and approve a direct lease for JSX to operate at SMO. Thank you for your leadership and commitment to our community.

Sincerely,
Thomas Susko
11901 Santa Monica Blvd Box 456
Los Angeles, CA 90025
[email protected]
Item 5-B
September 20, 2025
Item 5-B
September 20, 2025

5.B.a
Packet Pg. 1635 Attachment: Written Comments [Revision 1] (7334 : Closed Session: Real Estate Negotiator JSX) 1 David Yakobson
From: Lauren de la Fuente <[email protected]> Sent: Sunday, September 28, 2025 6:57 AM
To: Council Mailbox; Airport Mailbox
Subject: I OPPOSE harmful commercial flights at Santa Monica Airport

EXTERNAL
To Whom It May Concern:

Please do not approve this company or allow commercial airline Jet Suite X to begin COMMERCIAL air service out of Santa Monica Airport flying massive turbo prop aircraŌ that burn poison diesel jet fuel which produce toxic ultrafine parƟculate air polluƟon.

We are trying to make a Great Park that Santa Monica would be proud of. To allow a new commercial airline into SM Airport does not make sense.

Please oppose.

Thank you and I vote.

Lauren de la fuente
Lauren de la Fuente
2110 Pearl Street
SM, CA 90405
[email protected]
310.283.8488
Item 5-B
September 20, 2025
Item 5-B
September 20, 2025

5.B.a
Packet Pg. 1636 Attachment: Written Comments [Revision 1] (7334 : Closed Session: Real Estate Negotiator JSX) 1 David Yakobson
From: Lauren de la Fuente <[email protected]> Sent: Sunday, September 28, 2025 6:57 AM
To: Council Mailbox; Airport Mailbox
Subject: I OPPOSE harmful commercial flights at Santa Monica Airport

EXTERNAL
To Whom It May Concern:

We are trying to make a Great Park that Santa Monica would be proud of. To allow a new commercial airline into SM Airport does not make sense.

Please oppose.

Thank you and I vote.

Lauren de la fuente
Lauren de la Fuente
2110 Pearl Street
SM, CA 90405
[email protected]
310.283.8488
Item 5-B
September 20, 2025
Item 5-B
September 20, 2025

5.B.a
Packet Pg. 1637 Attachment: Written Comments [Revision 1] (7334 : Closed Session: Real Estate Negotiator JSX) 1 David Yakobson
From: Robert Connors <[email protected]>
Sent: Sunday, September 28, 2025 9:23 AM
To: Council Mailbox
Subject: Letter of Support for JSX at SMO

EXTERNAL
Dear Councilperson Councilperson,
JSX service in Santa Monica would impact my decision to remain a resident for 3 more years and continue contributing to the local community and economy.

Item 5-B
September 20, 2025
Item 5-B
September 20, 2025

5.B.a
Packet Pg. 1638 Attachment: Written Comments [Revision 1] (7334 : Closed Session: Real Estate Negotiator JSX) 2 JSX can help reduce traffic emissions by eliminating the need to drive to distant airports. More 2,200 Santa Monica residents, including myself, already drive further just to fly JSX from other airports. Not only will this improve the quality of life for residents, but this will also help support local businesses by attracting inbound tourists. With major global events like the 2026 World Cup and the 2028 Olympics and Paralympics on the horizon, this kind of accessible, environmentally responsible air travel will be more valuable than ever, and the revenue the city generates from JSX’s operations can be reinvested into vital community programs across Santa Monica.

As your constituent, I urge you to act in the best interest of our city and approve a direct lease for JSX to operate at SMO. Thank you for your leadership and commitment to our community.

Sincerely,
Robert Connors
3232 Broadway Apt J
Santa Monica, CA 90404
[email protected]
Item 5-B
September 20, 2025
Item 5-B
September 20, 2025

5.B.a
Packet Pg. 1639 Attachment: Written Comments [Revision 1] (7334 : Closed Session: Real Estate Negotiator JSX) 1 David Yakobson
From: Owen Slinger <[email protected]>
Sent: Sunday, September 28, 2025 12:00 PM
To: Council Mailbox
Subject: Letter of Support for JSX at SMO

EXTERNAL
Dear Councilperson Councilperson,
I'd really like to have JSX fly into SMO while the airport is still open.

Item 5-B
September 20, 2025
Item 5-B
September 20, 2025

5.B.a
Packet Pg. 1640 Attachment: Written Comments [Revision 1] (7334 : Closed Session: Real Estate Negotiator JSX) 2 JSX can help reduce traffic emissions by eliminating the need to drive to distant airports. More 2,200 Santa Monica residents, including myself, already drive further just to fly JSX from other airports. Not only will this improve the quality of life for residents, but this will also help support local businesses by attracting inbound tourists. With major global events like the 2026 World Cup and the 2028 Olympics and Paralympics on the horizon, this kind of accessible, environmentally responsible air travel will be more valuable than ever, and the revenue the city generates from JSX’s operations can be reinvested into vital community programs across Santa Monica.

As your constituent, I urge you to act in the best interest of our city and approve a direct lease for JSX to operate at SMO. Thank you for your leadership and commitment to our community.

Sincerely,
Owen Slinger
456 25th St
Santa Monica, CA 90402
[email protected]
Item 5-B
September 20, 2025
Item 5-B
September 20, 2025

5.B.a
Packet Pg. 1641 Attachment: Written Comments [Revision 1] (7334 : Closed Session: Real Estate Negotiator JSX) 1 David Yakobson
From: Elizabeth Van Denburgh <[email protected]>
Sent: Tuesday, September 30, 2025 1:01 PM
To: [email protected]; Ellis Raskin; Barry Snell; Natalya Zernitskaya; Jesse Zwick; Caroline Torosis; Dan Hall; councilmtgitems
Cc: Oliver Chi
Subject: Closed Session Item - City Council Meeting 9/30/25 - Disagree with allowing new airline-style operations at Santa Monica Airpirt

EXTERNAL
Item 5-B
September 20, 2025
Item 5-B
September 20, 2025

5.B.a
Packet Pg. 1642 Attachment: Written Comments [Revision 1] (7334 : Closed Session: Real Estate Negotiator JSX) 2 Mayor Negrete and City Council,
If the City says the airport is closing in 2028, why expand airline service now? What matters (keep it simple):
 CEQA/EIR: This is a CEQA project. A full Environmental Impact Report (EIR) must come before any approval. If this is not an environmental impact to the community nothing is.
 Fuel / Noise / Traffic: Airline-style service would more than double jet fuel use, add 700–1,000+ daily car trips, and mean bigger, louder aircraft over our neighborhoods.
 Safety: The airport’s adjacent fire station isn’t set up for a regional airliner crash. Approving service without upgrades exposes the City to major liability.
 Treat JSX & Island together:Grant Assurance 22 (non-discrimination) means you can’t piecemeal. Delay both the JSX lease and the Island Helicopters COP in tandem.
 Timing is on our side: City rules give the City Manager up to 120 days to decide a COP and forbid approval before environmental review is complete. Delay is normal — and required.

Consent Decree reality (short version):

The 2017 federal court settlement locks closure in 2028. It does not require approving new leases or waiving CEQA, safety, or City policies.

F E A R vs. R E A L I T Y
Fear: “If we oppose JSX, we could lose closure — a president could undo the deal.”
Reality: The Consent Decree is a federal court settlement. It can’t be changed by presidential whim; it would take both the City and the FAA going back to court. Closure in 2028 is locked in.

Bottom line: Delay both JSX and Island. Order a full EIR and safety review before any lease or permit moves forward. We shouldn’t suffer three more Item 5-B
September 20, 2025
Item 5-B
September 20, 2025

5.B.a
Packet Pg. 1643 Attachment: Written Comments [Revision 1] (7334 : Closed Session: Real Estate Negotiator JSX) 3 years of added noise, pollution, traffic, and risk — and then fight the lawsuits that follow.

Many thanks
Elizabeth Van Denburgh
Item 5-B
September 20, 2025
Item 5-B
September 20, 2025

5.B.a
Packet Pg. 1644 Attachment: Written Comments [Revision 1] (7334 : Closed Session: Real Estate Negotiator JSX) 4 Elizabeth Van Denburgh
[email protected]
Item 5-B
September 20, 2025
Item 5-B
September 20, 2025

5.B.a
Packet Pg. 1645 Attachment: Written Comments [Revision 1] (7334 : Closed Session: Real Estate Negotiator JSX) 5 David Yakobson
From: Bruce Malarky <[email protected]>
Sent: Tuesday, September 30, 2025 2:24 PM
To: Oliver Chi; Lana Negrete; Caroline Torosis; Dan Hall; Barry Snell; Jesse Zwick; Natalya Zernitskaya; Ellis Raskin; councilmtgitems
Subject: Re: Closed Session - SMO - Item 5B - Closed Session

EXTERNAL
I am resubmitting my comments in this email as it does not appear the attached letter was included in the Public Comments section.

Subject: Urgent Review and Independent Assessment Required for Proposed Deluxe Public Charter/JSX Operations of ATR 42-600 Aircraft at Santa Monica Airport (SMO)
Dear Honorable Members of the City Council,
I am writing to express my profound concern and request a full, independent review of the proposed operation of ATR 42-600 aircraft by Deluxe Public Charter/JSX at Santa Monica Airport (SMO). This proposal raises critical issues concerning public safety, regulatory compliance, and responsible land usethat must be resolved before any operations are permitted.

Safety and Aircraft Suitability Concerns
Based on the known aircraft and runway specifications, there is a significant likelihood that the ATR 42-600 aircraft will not consistently meet FAA safety requirements at SMO under typical environmental and load conditions. The short runway length at SMO combined with the performance requirements of this larger turboprop aircraft presents a potential safety hazard.

Crucially, the following operational questions remain unanswered and demand public disclosure:
 What specific operational limitations will be imposed to ensure strict compliance with the runway load and distance performance requirements at SMO?
 What specific routes is Deluxe Public Charter/JSX proposing to operate from SMO?  Will these flights be operated on a strict ad-hoc basis under their Part 135 certificate, or will they be marketed and sold as scheduled service?
The Regulatory "Public Charter Loophole"
The planned operation relies on the controversial "public charter loophole." Deluxe Public Charter, LLC, operates under the lessstringent Part 135 rules, which are intended for non-scheduled, small-scale operations. However, JSX's business model markets and sells individual seats, effectively creating a scheduled airline service without adhering to the higher Part 121 safety and security standards required of commercial airlines.

This regulatory loophole is a subject of active scrutiny. The FAA has announced its intention to close this loophole, which could soon require operations like JSX's scheduled service to transition to the Part 121 framework. If this change occurs, it will fundamentally require SMO to operate as a commercial airport, a major change that contradicts its current general aviation designation and the city's closure plans.

Need for a Commercial Service at a Closing Airport
Finally, I question the rationale for introducing new scheduled commercial air service at an airport that is scheduled for permanent closure within three years.The community has not been presented with any data demonstrating a compelling, unmet public transportation demand that justifies this significant change in airport operations.

The public deserves a transparent explanation of the community benefits that could possibly outweigh the increased noise, emissions, traffic, and regulatory risk associated with this proposal.

Call to Action
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Packet Pg. 1646 Attachment: Written Comments [Revision 1] (7334 : Closed Session: Real Estate Negotiator JSX) 6 Therefore, I strongly urge the City Council to immediately suspend consideration of this proposal and allocate resources for an independent, third-party review. This review must comprehensively assess the following:

1. Safety Compliance: A detailed analysis of the ATR 42-600's performance relative to SMO's runway length and environmental conditions.

2. Regulatory Risk: An assessment of the operational viability given the FAA’s announced plans to close the Part 135/Part 121 public charter loophole.

3. Community Impact vs. Benefit: A justification of the operational need for scheduled commercial service in the context of the airport's imminent closure.

A responsible, well-informed decision requires this essential due diligence. Thank you for your leadership in protecting the safety and well-being of our residents.

Sincerely,
Bruce Malarky
Sunset Park Resident, Retired Military Aviator/Airfield Commander, Retired Part 135 Medevac Pilot On Sep 30, 2025, at 07:32, Bruce Malarky <[email protected]> wrote:
<JSX at SMO - City Council.pdf>
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5.B.a
Packet Pg. 1647 Attachment: Written Comments [Revision 1] (7334 : Closed Session: Real Estate Negotiator JSX) 7 David Yakobson
From: Council Mailbox
Sent: Tuesday, September 30, 2025 4:50 PM
To: councilmtgitems
Subject: FW: Just say NO!
-----Original Message-----
From: Robb Curtis Brown <[email protected]>
Sent: Tuesday, September 30, 2025 1:44 PM
To: Lana Negrete <[email protected]>; Barry Snell <[email protected]>; Dan Hall <[email protected]>; Jesse Zwick <[email protected]>; Caroline Torosis <[email protected]>; Ellis Raskin <[email protected]>; Council Mailbox <[email protected]>
Subject: Just say NO!

EXTERNAL
Approving a JSX lease at SMO would be completely antithetical to everything Santa Monicans have asked for, voted for and advocated for, for the past 50 years. While Council is obligated to operate SMO as a General aviation airport, it is under NO OBLIGATION to approve the lease for a company that while serving a privileged few, will bring nothing but noise, pollution, traffic congestion and an unsafe track record to Santa Monica. They have provided little in the way of impact studies and short of 7 giant canvas bags filled with unmarked bills, there is nothing good that will come of this.

Honor the residents and just say NO!!!
Robert Brown
Sent from my iPhone
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Packet Pg. 1751 Attachment: Written Comments [Revision 1] (7334 : Closed Session: Real Estate Negotiator JSX) From: Owen Slinger
To: Stelios Makrides
Subject: Letter of Support for JSX at SMO
Date: Sunday, September 28, 2025 12:10:08 PM

EXTERNAL
Dear Airport Director Makrides,
I'd really like to have JSX fly into SMO while the airport is still open.

JSX can help reduce traffic emissions by eliminating the need to drive to distant airports. More 2,200 Santa Monica residents, including myself, already drive further just to fly JSX from other airports. Not only will this improve the quality of life for residents, but this will also help support local businesses by attracting inbound tourists. With major global events like the 2026 World Cup and the 2028 Olympics and Paralympics on the horizon, this kind of accessible, environmentally responsible air travel will be more valuable than ever, and the revenue the city generates from JSX’s operations can be reinvested into vital community programs across Santa Monica.

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Packet Pg. 1752 Attachment: Written Comments [Revision 1] (7334 : Closed Session: Real Estate Negotiator JSX) As your constituent, I urge you to act in the best interest of our city and approve a direct lease for JSX to operate at SMO. Thank you for your leadership and commitment to our community.

Sincerely,
Owen Slinger
456 25th St
Santa Monica, CA 90402
[email protected]
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Packet Pg. 1753 Attachment: Written Comments [Revision 1] (7334 : Closed Session: Real Estate Negotiator JSX) From: Robert Connors
To: Stelios Makrides
Subject: Letter of Support for JSX at SMO
Date: Sunday, September 28, 2025 9:30:15 AM

EXTERNAL
Dear Airport Director Makrides,
JSX service in Santa Monica would impact my decision to remain a resident for 3 more years and continue contributing to the local community and economy.

JSX can help reduce traffic emissions by eliminating the need to drive to distant airports. More 2,200 Santa Monica residents, including myself, already drive further just to fly JSX from other airports. Not only will this improve the quality of life for residents, but this will also help support local businesses by attracting inbound tourists. With major global events like the 2026 World Cup and the 2028 Olympics and Paralympics on the horizon, this kind of accessible, environmentally responsible air travel will be more valuable than ever, and the revenue the city generates Item 5-B
September 20, 2025
Item 5-B
September 20, 2025

5.B.a
Packet Pg. 1754 Attachment: Written Comments [Revision 1] (7334 : Closed Session: Real Estate Negotiator JSX) from JSX’s operations can be reinvested into vital community programs across Santa Monica.

As your constituent, I urge you to act in the best interest of our city and approve a direct lease for JSX to operate at SMO. Thank you for your leadership and commitment to our community.

Sincerely,
Robert Connors
3232 Broadway Apt J
Santa Monica, CA 90404
[email protected]
Item 5-B
September 20, 2025
Item 5-B
September 20, 2025

5.B.a
Packet Pg. 1755 Attachment: Written Comments [Revision 1] (7334 : Closed Session: Real Estate Negotiator JSX) From: Thomas Susko
To: Stelios Makrides
Subject: Letter of Support for JSX at SMO
Date: Friday, September 26, 2025 10:40:11 AM

EXTERNAL
Dear Airport Director Makrides,
I strongly support JSX serevice to SMO. This will promote business to the community and personally will facilitate my being able to come to Santa Monica for medical care.

JSX can help reduce traffic emissions by eliminating the need to drive to distant airports. More 2,200 Santa Monica residents, including myself, already drive further just to fly JSX from other airports. Not only will this improve the quality of life for residents, but this will also help support local businesses by attracting inbound tourists. With major global events like the 2026 World Cup and the 2028 Olympics and Paralympics on the horizon, this kind of accessible, environmentally responsible air travel will be more valuable than ever, and the revenue the city generates Item 5-B
September 20, 2025
Item 5-B
September 20, 2025

5.B.a
Packet Pg. 1756 Attachment: Written Comments [Revision 1] (7334 : Closed Session: Real Estate Negotiator JSX) from JSX’s operations can be reinvested into vital community programs across Santa Monica.

As your constituent, I urge you to act in the best interest of our city and approve a direct lease for JSX to operate at SMO. Thank you for your leadership and commitment to our community.

Sincerely,
Thomas Susko
11901 Santa Monica Blvd Box 456
Los Angeles, CA 90025
[email protected]
Item 5-B
September 20, 2025
Item 5-B
September 20, 2025

5.B.a
Packet Pg. 1757 Attachment: Written Comments [Revision 1] (7334 : Closed Session: Real Estate Negotiator JSX) From: Michelle Adams
To: Stelios Makrides
Subject: Letter of Support for JSX at SMO
Date: Thursday, September 25, 2025 6:30:12 PM

EXTERNAL
Dear Airport Director Makrides,
The next three years are pivotal for the City of Santa Monica, so we're asking for your support of JSX's planned public charter air service to Santa Monica. With major global events like the 2026 World Cup and 2028 Olympics & Paralympics approaching, these years represent a critical opportunity to strengthen the local economy and showcase Santa Monica on the world stage. JSX’s proposed operations at Santa Monica Airport represent an investment in the community that will make air travel more accessible, support local businesses, and ensure SMO provides functional services for residents during its remaining years of operation.

Item 5-B
September 20, 2025
Item 5-B
September 20, 2025

5.B.a
Packet Pg. 1758 Attachment: Written Comments [Revision 1] (7334 : Closed Session: Real Estate Negotiator JSX) JSX can help reduce traffic emissions by eliminating the need to drive to distant airports. More 2,200 Santa Monica residents, including myself, already drive further just to fly JSX from other airports. Not only will this improve the quality of life for residents, but this will also help support local businesses by attracting inbound tourists. With major global events like the 2026 World Cup and the 2028 Olympics and Paralympics on the horizon, this kind of accessible, environmentally responsible air travel will be more valuable than ever, and the revenue the city generates from JSX’s operations can be reinvested into vital community programs across Santa Monica.

As your constituent, I urge you to act in the best interest of our city and approve a direct lease for JSX to operate at SMO. Thank you for your leadership and commitment to our community.

Sincerely,
Michelle Adams
2511 31st St
Santa Monica, CA 90405
[email protected]
Item 5-B
September 20, 2025
Item 5-B
September 20, 2025

5.B.a
Packet Pg. 1759 Attachment: Written Comments [Revision 1] (7334 : Closed Session: Real Estate Negotiator JSX) From: Tim OR
To: Stelios Makrides
Subject: Letter of Support for JSX at SMO
Date: Thursday, September 25, 2025 2:16:01 PM

EXTERNAL
Dear Airport Director Makrides,
Honorable Mayor Lana Negrete
Mayor Pro Tempore Caroline Torosis
Members of Santa Monica City Council
Members of Santa Monica Airport Commission
Mr. Oliver Chi, City Manager
Mr. Stelios Makrides, Airport Director
City of Santa Monica
1685 Main Street
Santa Monica, CA 90401
Dear Mayor Negrete, Mayor Pro Tempore Torosis, City Council, Airport Commission, City Manager, and Airport Director:

JSX can help reduce traffic emissions by eliminating the need to drive to distant airports. More 2,200 Santa Monica residents, including myself, already drive further just to fly JSX from other airports. Not only will this improve the quality of life for residents, but this will also help support local businesses by attracting inbound tourists. With major global events like the 2026 World Cup and the 2028 Olympics and Paralympics on the horizon, this kind of accessible, environmentally responsible air travel will be more valuable than ever, and the revenue the city generates from JSX’s operations can be reinvested into vital community programs across Santa Monica.

As your constituent, I urge you to act in the best interest of our city and approve a direct lease for JSX to operate at Item 5-B
September 20, 2025
Item 5-B
September 20, 2025

5.B.a
Packet Pg. 1760 Attachment: Written Comments [Revision 1] (7334 : Closed Session: Real Estate Negotiator JSX) SMO. Thank you for your leadership and commitment to our community.

Sincerely,
Tim OR
1014 Broadway
Santa Monica, CA 90401
[email protected]
Item 5-B
September 20, 2025
Item 5-B
September 20, 2025

5.B.a
Packet Pg. 1761 Attachment: Written Comments [Revision 1] (7334 : Closed Session: Real Estate Negotiator JSX) 1 David Yakobson
From: Ann Maggio <[email protected]>
Sent: Monday, September 29, 2025 5:55 PM
To: Ellis Raskin; Jesse Zwick; Natalya Zernitskaya; Dan Hall; Barry Snell; Caroline Torosis; Lana Negrete; Oliver Chi; councilmtgitems; Josh Kurpies; councilmtgitems Subject: Agenda Item 11.B SUPPORT Neighborhood Grants Peogram

EXTERNAL
Dear City Council,
We support option 2 and ask that you fully restore the program including an annual mailing.

Ann and Sam Thanawalla
Wilmont
Item 5-B
September 20, 2025
Item 5-B
September 20, 2025

5.B.a
Packet Pg. 1762 Attachment: Written Comments [Revision 1] (7334 : Closed Session: Real Estate Negotiator JSX) 1 David Yakobson
From: Cynthia Rose <[email protected]>
Sent: Tuesday, September 30, 2025 10:34 AM
To: Oliver Chi; Lana Negrete; Caroline Torosis; Dan Hall; Barry Snell; Jesse Zwick; Natalya Zernitskaya; Ellis Raskin; councilmtgitems
Subject: Closed Session - SMO - Item 5B - Closed Session

EXTERNAL
Dear Santa Monica City Council and City Manager Chi:

As a climate and environmental advocate I strongly oppose the proposed new leases for JetSuiteX (JSX) and Island Helicopters to operate at the Santa Monica Airport (SMO / Airport) which under Council resolutions is set to close at the end of 2028. In our diligent preparations to close the Airport, following the will of the people, the City signed a Consent Decree with the FAA to CLOSE SMO and reduced the runway in 2017. As the City and community are winding down aviation uses at the Airport for closure December 31, 2028 to create a Great Park — with its closure affirmed and guaranteed by the court — with all due respect, expanding airline operations at SMO now just makes no sense.

It is imperative that all City officials and divisions continue to collectively support this affirmed action to close SMO with a hard stop end date on all aviation uses, to expire on the date of the closure on December 31, 2028. We need our City leadership to follow through efficiently and expeditiously in accordance with the electorate’s determination. Anything less, including deferring to special interests and corporate interests, undermines and violates our public trust. Delay both JSX & Island Helicopters leases and require an EIR: Assess safety first and utilize City rules that rightfully allow the City Manager up to 120-days to decide the COP and forbid approvals before environmental review. Follow Grant Assurance 22, non-discrimination, and delay both the JSX lease and the Island Helicopters COP in tandem. Anything else is in direct conflict with our decision to phase out aviation operations to close the airport and safeguard the health and safety of our community while the SMO is still in operation - particularly our youngest and most vulnerable.

Allowing daily commercial passenger service “turbo prop jets” at City owned SMO is also in direct conflict with our City’s own long standing obligations to environmental and sustainability commitments and goals established and affirmed in our adopted Sustainable City Plan, Sustainability Rights Ordinance (SRO), and the Climate Action and Adaptability Plan.

With the community consistently and overwhelmingly supporting closure of the Airport, we are understandably outraged at the possibility of more jet traffic out of SMO than ever before. Subjected to an increased number of flights leading to more air and noise pollution (more than double jet fuel use,) the increased risk of crashes (airport’s adjacent fire station isn’t set up for a regional airliner crash and sets the City up for additional liability,) and the negative impacts of more car traffic (potentially 700–1,000+ additional daily car trips.) We ask you as City leaders to respect the indisputable and continual requests of your constituents and delay both JSX and Island Helicopters leases. Order a full EIR and safety review before any lease or permit moves forward.

Item 5-B
September 20, 2025
Item 5-B
September 20, 2025

5.B.a
Packet Pg. 1763 Attachment: Written Comments [Revision 1] (7334 : Closed Session: Real Estate Negotiator JSX) 2 The community trusts you to work transparently and expeditiously to take all timely steps to protect the health and safety of the people in all the neighborhoods surrounding Santa Monica Airport while it is still in operation. DELAY JSX & ISLAND HELICOPTERS. Order of a full EIR and safety review before any lease or permit moves forward. We shouldn’t be subjected to three more years of added noise, pollution, traffic, and risk without due diligence — which will inevitably be followed by fighting lawsuits.

Sincerely,
Cynthia Rose
--
Cynthia Rose

I acknowledge with respect and gratitude the Tongva, Kizh, and Chumash Peoples on whose traditional territory I live and work.

Item 5-B
September 20, 2025
Item 5-B
September 20, 2025

5.B.a
Packet Pg. 1764 Attachment: Written Comments [Revision 1] (7334 : Closed Session: Real Estate Negotiator JSX) 3 David Yakobson
From: Grace Gabe <[email protected]>
Sent: Tuesday, September 30, 2025 10:57 AM
To: Oliver Chi; Lana Negrete; Caroline Torosis; Dan Hall; Barry Snell; Jesse Zwick; Natalya Zernitskaya; Ellis Raskin; councilmtgitems
Subject: Closed Session - SMO - Item 5B - Closed Session

EXTERNAL
it makes no sense to extend airplane leases now and continue pollution until 2028 closure. stop any new leases
now!
grace gabe MD
resident at Sea Colony 1 for 35 years.

Item 5-B
September 20, 2025
Item 5-B
September 20, 2025

5.B.a
Packet Pg. 1765 Attachment: Written Comments [Revision 1] (7334 : Closed Session: Real Estate Negotiator JSX) 1 David Yakobson
From: Mark Ford <[email protected]>
Sent: Tuesday, September 30, 2025 8:43 AM
To: Oliver Chi; Lana Negrete; Caroline Torosis; Dan Hall; Barry Snell; Jesse Zwick; Natalya Zernitskaya; Ellis Raskin; councilmtgitems
Subject: Closed Session - SMO - Item 5B - Closed Session

EXTERNAL
As residents and parents in ocean park, santa monica.. we oppose allowing these new jet and helicopter leases at santa monica airport. Please prepare an environmental review before we add more noise and pollution to our skies. Let’s make an educated decision.

Thanks.

Mark Ford
Reid Thompson
Sent from my iPhone
Item 5-B
September 20, 2025
Item 5-B
September 20, 2025

5.B.a
Packet Pg. 1766 Attachment: Written Comments [Revision 1] (7334 : Closed Session: Real Estate Negotiator JSX) 1 David Yakobson
From: Bruce Malarky <[email protected]>
Sent: Tuesday, September 30, 2025 7:33 AM
To: Oliver Chi; Lana Negrete; Caroline Torosis; Dan Hall; Barry Snell; Jesse Zwick; Natalya Zernitskaya; Ellis Raskin; councilmtgitems
Subject: Closed Session - SMO - Item 5B - Closed Session Attachments: JSX at SMO - City Council.pdf

EXTERNAL
Item 5-B
September 20, 2025
Item 5-B
September 20, 2025

5.B.a
Packet Pg. 1767 Attachment: Written Comments [Revision 1] (7334 : Closed Session: Real Estate Negotiator JSX) 2 David Yakobson
From: Diane Reynolds
Sent: Tuesday, September 30, 2025 7:56 AM
To: Lana Negrete; Caroline Torosis; Jesse Zwick; Dan Hall; Barry Snell; Ellis Raskin; Natalya Zernitskaya; Oliver Chi
Cc: Susan Cola; Ivan Campbell; councilmtgitems; Stelios Makrides; Diana Hernandez Subject: City Council Agenda Item 5b Closed Session re: JSX COP & Lease Attachments: Airport Commission letter to CC re JSX COP & Lease - 9-30-2025.docx Dear Mayor Negrete, Mayor Pro Tem Torosis, Council Members, and City Manager Chi, On September 24, 2025, the Airport Commission voted unanimously (5 – 0) to recommend that City Council’s consideration of JSX’s Commercial Operations Permit (COP) and lease be continued pending further study of safety, traffic, security, environmental, and closure compliance issues. As authorized by motion, we write to provide further detail on the Commission’s concerns and the basis for our recommendation.

Please see the attached letter providing further detail on the matter of agenda item 5b.

With appreciation,
Diane Reynolds, Chair
Joe Pertel, Commissioner
Santa Monica Airport Commission
Item 5-B
September 20, 2025
Item 5-B
September 20, 2025

5.B.a
Packet Pg. 1768 Attachment: Written Comments [Revision 1] (7334 : Closed Session: Real Estate Negotiator JSX) 3 David Yakobson
From: SUELLEN WAGNER <[email protected]>
Sent: Tuesday, September 30, 2025 8:15 AM
To: Oliver Chi; Lana Negrete; Caroline Torosis; Dan Hall; Barry Snell; Jesse Zwick; Natalya Zernitskaya; Ellis Raskin; councilmtgitems
Subject: Closed Session - SMO - Item 5B - Closed Session. URGENT!

EXTERNAL
Dear CIty Council and City Manager,
Please delay both JSX and Island Helicopters. Require an EIR and assess safety first. A full EIR must come prior to approval. There will be a huge environmental impact to the community: The Spirit of Santa Monica, appears to be a powerful lobbyist group that is pushing hard to make the Great Park an airport again, against the will of the voters, a clearly undemocratic action. Some of the statements in their video include:

The airport is “under threat of closure” (when it is actually already closing). “It’s been publicly reported a lot of places that this airport is closing, and that’s not necessarily the case.”
“We already have parks in Santa Monica, we have a huge beach. We only have this one airport.” “And I happen to personally believe that it should include a runway... 5,000 feet of runway takes you anywhere in the world.”
“Who doesn’t want to look up into the sky when they see an aircraft flying over? It’s just magic.” This is an unsupported assumption. Resident have worked hard for more than a decade to end noisy and polluting flights over their homes — in Santa Monica nd nationwide. Low Overflights are a serious health risk for all!
This is antithetical to what was voted on by the community -- that the airport be turned into a Great Park with NO aviation.

The City rules give the City Manager up to 120 days to decide a COP, providing a much needed pause.

Approval is forbidden prior to completion of environmental review.

SMO closure is locked in as a federal court settlement. Expanding airline operations now makes no sense and would be a grave and perhaps irreversible error! Please say NO!
Item 5-B
September 20, 2025
Item 5-B
September 20, 2025

5.B.a
Packet Pg. 1769 Attachment: Written Comments [Revision 1] (7334 : Closed Session: Real Estate Negotiator JSX) 4 Thank you for your consideration.

Suellen Wagner
Item 5-B
September 20, 2025
Item 5-B
September 20, 2025

5.B.a
Packet Pg. 1770 Attachment: Written Comments [Revision 1] (7334 : Closed Session: Real Estate Negotiator JSX) 1 David Yakobson
From: Simona Garon <[email protected]>
Sent: Monday, September 29, 2025 3:15 PM
To: councilmtgitems
Subject: Urgent Request: Delay JSX and Island Air Projects Pending Environmental Review

EXTERNAL
Dear Council Members,
I am writing to urge you to take immediate action regarding the proposed JSX and Island Air projects at our local airport.

Specifically, I am requesting that you delay approval of both projects and require a comprehensive Environmental Impact Report (EIR) that prioritizes safety assessment before any decisions are made.

I want to remind you that there is a 120-day Certificate of Public Convenience and Necessity (COP) window that must be
observed. It is critical that no approvals move forward before a thorough environmental review has been completed. Additionally, principles of non-discrimination require that both projects be reviewed together rather than separately, ensuring fair and equal consideration.

It’s important to note that the airport’s closure has already been guaranteed by the courts. Given this reality, it makes no sense to expand airline operations at this time. Approving new projects now would be premature and contrary to the community’s longterm interests.

I respectfully ask that you prioritize public safety, environmental responsibility, and sound decision-making by delaying these projects until proper due diligence has been completed.

Item 5-B
September 20, 2025
Item 5-B
September 20, 2025

5.B.a
Packet Pg. 1771 Attachment: Written Comments [Revision 1] (7334 : Closed Session: Real Estate Negotiator JSX) 2 Thank you for your time and consideration of this important matter.

Sincerely,
Simona Garon
2127 Navy St
Sent from Yahoo Mail for iPhone
Item 5-B
September 20, 2025
Item 5-B
September 20, 2025

5.B.a
Packet Pg. 1772 Attachment: Written Comments [Revision 1] (7334 : Closed Session: Real Estate Negotiator JSX) 3 David Yakobson
From: ammar lughod <[email protected]>
Sent: Monday, September 29, 2025 5:01 PM
To: Oliver Chi; Lana Negrete; Caroline Torosis; Dan Hall; Barry Snell; Jesse Zwick; Natalya Zernitskaya; Ellis Raskin; councilmtgitems
Subject: Closed Session - SMO - Item 5B - Closed Session

EXTERNAL
Dear sir, it’s come to my attention as a Santa Monica resident that lives on 1769 Bryn Mawr Ave. in Santa Monica right under the takeoff zone of all the airplanes that you all are considering Leasing to two new companies that will increase the traffic of takeoffs and add helicopters to the situation. I invite you to come visit my home on 1769 Bryn Mawr Ave. to see for yourself the amount of noise we hear each day from every single plane that takes off our lands. As residence of the city, we voted already to close the airport in a few years and why are you opening two new leases to new companies that will just add more pollution more noise and health problems to your residents.

We heard you to do an EIR, and assess the safety to your residents of such a move. I urge you to visit me at my home and just spend one hour in the daytime so you could see the noise the amount of planes that go by how close they are to us and the amount of black dirt that comes sprayed onto us from the vapors of fuel. My whole yard is black. My balconies are all black on a monthly basis. We have to wash them down please come see it with your own eyes. You seem oblivious to your residents’ health, their votes and their voices.

An environmental study needs to be done that’s non-biased And non discriminative. There’s a 120 COP window, that allows for more study ti be done. I urge you to do what’s right for the people and the residents who have voted already.

Enough of the games of lobbyist and special interest groups. do what’s right for your residents! Ammar lughod
1769 Bryn Mawr Ave., Santa Monica, CA 90405 Sent from my iPhone Item 5-B
September 20, 2025
Item 5-B
September 20, 2025

5.B.a
Packet Pg. 1773 Attachment: Written Comments [Revision 1] (7334 : Closed Session: Real Estate Negotiator JSX) 4 David Yakobson
From: Allyson Dworkin <[email protected]>
Sent: Monday, September 29, 2025 5:17 PM
To: Oliver Chi; Lana Negrete; Caroline Torosis; Dan Hall; Barry Snell; Jesse Zwick; Natalya Zernitskaya; Ellis Raskin; councilmtgitems
Subject: Closed Session - SMO - Item 5B - Closed Session

EXTERNAL
It has come to my attention that the Council is discussing the approval of commercial airline services (JSX and Island Helicopter) at Santa Monica Airport. Please delay this decision. A responsible decision cannot be made without first having an Environmental Impact Report and safety review done. Adding services such as these at Santa Monica Airport has the potential to severely impact the surrounding neighborhoods with increased noise, pollution, and traffic. Does Santa Monica even have the safety infrastructure in place should an accident happen? There have been accidents at and near the airport in the past. Increased activity increases the potential for more.

And, finally, the airport is scheduled to close in 2028. That is supposed to be a final decision. Why expand operations now? The whole thing makes absolutely no sense.

Allyson Dworkin
1128 Hill Street
Santa Monica, CA
Sent from my iPhone
Item 5-B
September 20, 2025
Item 5-B
September 20, 2025

5.B.a
Packet Pg. 1774 Attachment: Written Comments [Revision 1] (7334 : Closed Session: Real Estate Negotiator JSX) 5 David Yakobson
From: Paulette Rochelle-Levy <[email protected]>
Sent: Monday, September 29, 2025 5:36 PM
To: Oliver Chi; Lana Negrete; Caroline Torosis; Dan Hall; Barry Snell; Jesse Zwick; Natalya Zernitskaya; Ellis Raskin; councilmtgitems
Subject: Closed Session - SMO - Item 5B - Closed Session

EXTERNAL
 Delay both JSX & Island, require an EIR, and assess safety first.  Cite: 120-day COP window, no approvals before environmental review, nondiscrimination (review together).  Remind: Closure is already guaranteed by the court — expanding airline ops now makes no sense.

Regards,
Paulette
Paulette Rochelle-Levy, MFT
2215 Oak st. #201
Santa Monica, CA 90405
http://creativepathwithpaulette.com
310) 453-4053
Item 5-B
September 20, 2025
Item 5-B
September 20, 2025

5.B.a
Packet Pg. 1775 Attachment: Written Comments [Revision 1] (7334 : Closed Session: Real Estate Negotiator JSX) 6 David Yakobson
From: Betsy Katz <[email protected]>
Sent: Monday, September 29, 2025 5:44 PM
To: Oliver Chi; Lana Negrete; Caroline Torosis; Dan Hall; Barry Snell; Jesse Zwick; Natalya Zernitskaya; Ellis Raskin; councilmtgitems
Subject: Closed Session - SMO - Item 5B - Closed Session

EXTERNAL
Dear City Council and City Manager,
This letter is in regard to city staff’s ambition to allow airline-style operations at SMO.

I urge you to delay (or abandon altogether!) both Jet Suite X and Island Helicopter operations without first requiring an Environmental Impact Report and safety assessment first.

We who live directly under the flight path suffer enough from excessive noise (disregard/non-enforcement of the 90 dB limit and take-off flight patterns) and jet fuel pollution. Allowing airline-style operations would only increase this harm.

What kind of a business plan accounts for such short term operations since the airport is closing in 3 years? I can only conclude that staff does not want the airport to close. It doesn’t make sense! Thank you.

Sincerely,
Betsy Katz
3016 Ruskin Street
90405
Item 5-B
September 20, 2025
Item 5-B
September 20, 2025

5.B.a
Packet Pg. 1776 Attachment: Written Comments [Revision 1] (7334 : Closed Session: Real Estate Negotiator JSX) 7 David Yakobson
From: JORDAN ELLIS <[email protected]>
Sent: Monday, September 29, 2025 6:19 PM
To: Oliver Chi; Lana Negrete; Caroline Torosis; Dan Hall; Barry Snell; Jesse Zwick; Natalya Zernitskaya; Ellis Raskin; councilmtgitems
Subject: Closed Session - SMO - Item 5B - Closed Session

EXTERNAL
 Delay both JSX & Island leases, require an EIR, and assess safety first.  120-day COP window, no approvals before environmental review, non-discrimination.  Closure is already guaranteed by the court — expanding airline ops now makes no sense.

Do not approve these flight leases. Vote no on item 5B. We shouldn’t suffer three more years of added noise, pollution & traffic.

Thanks,
Jordan Ellis
Sunset Park resident
Item 5-B
September 20, 2025
Item 5-B
September 20, 2025

5.B.a
Packet Pg. 1777 Attachment: Written Comments [Revision 1] (7334 : Closed Session: Real Estate Negotiator JSX) 8 David Yakobson
From: ALICE ELLIS <[email protected]>
Sent: Monday, September 29, 2025 6:19 PM
To: Oliver Chi; Lana Negrete; Caroline Torosis; Dan Hall; Barry Snell; Jesse Zwick; Natalya Zernitskaya; Ellis Raskin; councilmtgitems
Subject: Closed Session - SMO - Item 5B - Closed Session Importance: High

EXTERNAL
Dear Mayor Negrete and City Councilmembers,
I urge you not to rush to establish Jet Suite X (JSX) and Island Helicopter presence at SMO. This is commerical airline service like we have never seen at SMO. Ticketed Passenger Service disguised as charter services.
• This is a CEQA project. A full Environmental Impact Report (EIR) must come before any approval. • Fuel / Noise / Traffic: Airline-style service would more than double jet fuel use, add 700–1,000+ daily car trips, and mean bigger, louder aircraft over our neighborhoods. • Safety: The airport’s adjacent fire station isn’t set up for a regional airliner crash. Approving service without upgrades exposes the City to major liability.

Please slow down and do an environmental assessment first! Sincerely,
Alice Ellis
90405
Item 5-B
September 20, 2025
Item 5-B
September 20, 2025

5.B.a
Packet Pg. 1778 Attachment: Written Comments [Revision 1] (7334 : Closed Session: Real Estate Negotiator JSX) 9 David Yakobson
From: Jay Abramowitz <[email protected]>
Sent: Monday, September 29, 2025 6:25 PM
To: Oliver Chi; Lana Negrete; Caroline Torosis; Dan Hall; Barry Snell; Jesse Zwick; Natalya Zernitskaya; Ellis Raskin; councilmtgitems
Subject: Closed Session - SMO - Item 5B - Closed Session

EXTERNAL
Remember that you are committed to close the airport! Please act accordingly! All best,
Jay Abramowitz
1302 Marine Strett
Item 5-B
September 20, 2025
Item 5-B
September 20, 2025

5.B.a
Packet Pg. 1779 Attachment: Written Comments [Revision 1] (7334 : Closed Session: Real Estate Negotiator JSX) 10 David Yakobson
From: Lisa Sandbank <[email protected]>
Sent: Monday, September 29, 2025 6:48 PM
To: Oliver Chi; Lana Negrete; Caroline Torosis; Dan Hall; Barry Snell; Jesse Zwick; Natalya Zernitskaya; Ellis Raskin; councilmtgitems
Subject: Closed Session - SMO - Item 5B -

EXTERNAL
Regarding lease applications for JetSuiteX and Island Helicopter:

Please do not allow City Staff to push their pro-aviation agenda before conducting an Environmental Impact Review and assessing safety hazards.

Lisa Sandbank
Oak Street
Santa Monica 90405
Item 5-B
September 20, 2025
Item 5-B
September 20, 2025

5.B.a
Packet Pg. 1780 Attachment: Written Comments [Revision 1] (7334 : Closed Session: Real Estate Negotiator JSX) 11 David Yakobson
From: Arthur Kummer <[email protected]>
Sent: Monday, September 29, 2025 6:54 PM
To: Oliver Chi; Lana Negrete; Caroline Torosis; Dan Hall; Barry Snell; Jesse Zwick; Natalya Zernitskaya; Ellis Raskin; councilmtgitems
Subject: Closed Session - SMO - Item 5B - Closed Session

EXTERNAL
Dear City Manager & council members:

I am concerned the city will make a mistake and allow airport interests to keep the airport opened. Please don’t make a mistake which would keep the airport opened past 2028. I have lived in Sunset Part for 60 years, we finally have a chance to close the airport. Don’t sign a lease past the close date.

Sincerely,
Arthur Kummer
2020 Ashland Avenue
Santa Monica
Sent from my iPad
Item 5-B
September 20, 2025
Item 5-B
September 20, 2025

5.B.a
Packet Pg. 1781 Attachment: Written Comments [Revision 1] (7334 : Closed Session: Real Estate Negotiator JSX) 12 David Yakobson
From: Will Guston <[email protected]>
Sent: Monday, September 29, 2025 7:41 PM
To: Oliver Chi; Lana Negrete; Caroline Torosis; Dan Hall; Barry Snell; Jesse Zwick; Natalya Zernitskaya; Ellis Raskin; councilmtgitems
Subject: Closed Session - SMO - Item 5B - Closed Session

EXTERNAL
Dear City Council members and City Manager,
I’m writing to you because it has come to my attention that there is a proposal being brought before the city council to expand Airport operations at SMO. This makes no sense to be making an effort to expand Airport operations instead of winding down Airport operations before the 2028 closure of SMO.

It appears to me that these efforts are being rushed through without a thorough and careful analysis of the repercussions and implications. There must be an environmental impact report to assess what impact the proposed commercial airline type of service and Helicopter service will have on the communities surrounding the airport. Does the adjacent fire department have the necessary resources, facilities, and equipment to accommodate commercial airline services? It would appear to me that in an absence of the necessary fire and rescue services the city could face lability. Also open ended leases to these entities could postpone the closure of the airport.

I am asking that you deny these leases.

Respectfully,
Will Guston
Sent from my iPhone
Item 5-B
September 20, 2025
Item 5-B
September 20, 2025

5.B.a
Packet Pg. 1782 Attachment: Written Comments [Revision 1] (7334 : Closed Session: Real Estate Negotiator JSX) 13 David Yakobson
From: Kenneth Kirschbaum <[email protected]>
Sent: Monday, September 29, 2025 9:31 PM
To: Oliver Chi; Lana Negrete; Caroline Torosis; Dan Hall; Barry Snell; Jesse Zwick; Natalya Zernitskaya; Ellis Raskin; councilmtgitems
Subject: Closed Session - SMO - Item 5B - Closed Session

EXTERNAL
Dear members, please do not allow Jet suite X (JSX0 and Island ( Helicopter) to gain access to our Santa Monica Airport. The amount of Helicopter noise is already borderline unacceptable in my neighborhood.

The airport should be diminishing aircraft in light of its future closure, not increasing. Please don’t vote with your POCKET BOOK!
thank you
Kenneth Kirschbaum
Item 5-B
September 20, 2025
Item 5-B
September 20, 2025

5.B.a
Packet Pg. 1783 Attachment: Written Comments [Revision 1] (7334 : Closed Session: Real Estate Negotiator JSX) 14 David Yakobson
From: Alison Buell <[email protected]>
Sent: Monday, September 29, 2025 9:54 PM
To: Oliver Chi; Lana Negrete; Caroline Torosis; Dan Hall; Barry Snell; Jesse Zwick; Natalya Zernitskaya; Ellis Raskin; councilmtgitems
Subject: Closed Session - SMO - Item 5B - Closed Session

EXTERNAL
Dear council members and city manager,
Please slow down the consideration of contracts for Island and JSX.

I m concerned about safety, having lived on Marine Street for over 3 decades. Shouldn’t there be an environmental impact report first?
Why rush into this? This airport will close in a few years and the city has already wasted too much money on legal fees. Why invite more discord, legal fees, and possible safety issues? When I moved here, the airport was primarily very small private airplanes, mostly on the weekend. Now it is jets spewing fuel particulants from above. It’s not pretty on the ground, patios, etc. I hope it is not a health issue.

Alison Buell
1302 Marine St.

Item 5-B
September 20, 2025
Item 5-B
September 20, 2025

5.B.a
Packet Pg. 1784 Attachment: Written Comments [Revision 1] (7334 : Closed Session: Real Estate Negotiator JSX) 15 David Yakobson
From: Jeanne Laurie <[email protected]>
Sent: Monday, September 29, 2025 9:48 PM
To: Oliver Chi; Lana Negrete; Caroline Torosis; Dan Hall; Barry Snell; Jesse Zwick; Natalya Zernitskaya; Ellis Raskin; councilmtgitems
Subject: Closed Session - SMO - Item 5B - Closed Session

EXTERNAL
Bottom line: Delay both JSX and Island. Order a full EIR and safety review before any lease or permit moves forward. We shouldn’t suffer three more years of added noise, pollution, traffic, and risk — and then fight the lawsuits that follow.

All the sensible arguments say to deny the application of a Charter Airline at SMO.

The intelligent choice is to deny the application of a new Charter airline.

The city is already suffering from law suits. Don't add another one.

Jeanne Laurie
Sunset Park
Item 5-B
September 20, 2025
Item 5-B
September 20, 2025

5.B.a
Packet Pg. 1785 Attachment: Written Comments [Revision 1] (7334 : Closed Session: Real Estate Negotiator JSX) 16 David Yakobson
From: [email protected]
Sent: Monday, September 29, 2025 10:00 PM
To: Oliver Chi; Lana Negrete; Caroline Torosis; Dan Hall; Barry Snell; Jesse Zwick; Natalya Zernitskaya; Ellis Raskin; councilmtgitems
Subject: Delay or eliminate JSX & Island Leases

EXTERNAL
Santa Monica City Council and City Manager:

Please delay and / or eliminate both the JSX & Island leases at the Santa Monica airport. We encourage you to require an EIR and assess the issue of safety.

Residents of Santa Monica have voted to close the airport in 2028. Expanding airline operations 2 years before the airport closure, with open ended leases, makes no sense right now.

We urge you to respect the vote taken years ago and not allow airport advocates or finances to drive your decisions.

Residents of the area already have experienced increases in airplane traffic directly over our homes, due to the new flight school(s). Take offs are occurring over and over in quick succession. This impacts residents, including children, who are negatively affected by the jet fuel and noise from the airport.

We are counting on you to fulfill the clear mandate from Santa Monica voters that you represent - who voted to close the airport. Any actions taken that might delay the airport closure or add more risk or negative impacts to the current situation is disrespectful of and counter to the vote.

Thank you.

Marla Eby - Santa Monica resident
Item 5-B
September 20, 2025
Item 5-B
September 20, 2025

5.B.a
Packet Pg. 1786 Attachment: Written Comments [Revision 1] (7334 : Closed Session: Real Estate Negotiator JSX) 17 David Yakobson
From: Patrick Davenport <[email protected]>
Sent: Monday, September 29, 2025 10:14 PM
To: Oliver Chi; Lana Negrete; Caroline Torosis; Dan Hall; Barry Snell; Jesse Zwick; Natalya Zernitskaya; Ellis Raskin; councilmtgitems
Subject: Closed Session - SMO - Item 5B - Closed Session

EXTERNAL
Dear Council Members and City Manager.

We are very concerned that the city is looking to establish Jet Suite X (JSX) and Helicopter Island at SMO.

These are commercial airline services masquerading as charter services. Why are these being pushed through at pace, without an EIR and safety review. Expanding airline operations when the airport is confirmed to be closed in 2028. What logic is there in this? We respectfully request:

1. That you delay both JSX and Helicopter Island

2. Require an EIR

3. Assess ongoing safety concerns
Yours faithfully,
Patrick & Daniela Davenport
1384 Appleton Way
Venice
CA 90291
Item 5-B
September 20, 2025
Item 5-B
September 20, 2025

5.B.a
Packet Pg. 1787 Attachment: Written Comments [Revision 1] (7334 : Closed Session: Real Estate Negotiator JSX) 18 David Yakobson
From: Alan Levenson <[email protected]>
Sent: Monday, September 29, 2025 11:09 PM
To: councilmtgitems
Subject: Item 5B JSX Lease

EXTERNAL
Begin forwarded message:

From: NoJets <[email protected]>
Date: September 29, 2025
Subject: Delay Commercial Airline Services at SMO - Study Environmental Impacts

View this email in your browser
To help protect your privacy, Microsoft Office prevented automatic download of this picture from the Internet.

The city is rushing to establish Jet Suite X (JSX) and Island Helicopter presence at SMO. This is commerical airline service like we have never seen at SMO. Ticketed Passenger Service disguised as charter services.They need to slow down and do an environmental assessment first.

To help protect your priv acy, Microsoft Office prevented automatic download of this picture from the Internet.

This makes no sense if the airport is closing.

Staff just slipped a closed-session item onto tomorrow’s Council agenda to push airline-style operations at SMO. If the City says the airport is closing in 2028, why expand airline service now?
What matters (keep it simple):

Item 5-B
September 20, 2025
Item 5-B
September 20, 2025

5.B.a
Packet Pg. 1788 Attachment: Written Comments [Revision 1] (7334 : Closed Session: Real Estate Negotiator JSX) 19  CEQA/EIR: This is a CEQA project. A full Environmental Impact Report (EIR) must come before any approval. If this is not an environmental impact to the community nothing is.
 Fuel / Noise / Traffic: Airline-style service would more than double jet fuel use, add 700–1,000+ daily car trips, and mean bigger, louder aircraft over our neighborhoods.
 Safety: The airport’s adjacent fire station isn’t set up for a regional airliner crash. Approving service without upgrades exposes the City to major liability.
 Treat JSX & Island together: Grant Assurance 22 (non-discrimination) means you can’t piecemeal. Delay both the JSX lease and the Island Helicopters COP in tandem.
 Timing is on our side: City rules give the City Manager up to 120 days to decide a COP and forbid approval before environmental review is complete. Delay is normal — and required.

Email Council and City Manager Now!
Consent Decree reality (short version):

The 2017 federal court settlement locks closure in 2028. It does not require approving new leases or waiving CEQA, safety, or City policies.

5.B.a
Packet Pg. 1789 Attachment: Written Comments [Revision 1] (7334 : Closed Session: Real Estate Negotiator JSX) 20 years of added noise, pollution, traffic, and risk — and then fight the lawsuits that follow.

Take action now - meeting is tomorrow!
 Write Council today (in your own words):
 Say: Delay both JSX & Island, require an EIR, and assess safety first.  Cite: 120-day COP window, no approvals before environmental review, non-discrimination (review together).
 Remind: Closure is already guaranteed by the court — expanding airline ops now makes no sense.

Email Council and City Manager Now!
Backup Emails if links do not work:

Mayor: [email protected]
Mayor Pro Tem:[email protected]
[email protected]
[email protected]
[email protected]
[email protected]
[email protected]
City Manager: [email protected]
Copyright © 2025 NoJets SMO, All rights reserved.

Thank you for your continued support to reduce airport impacts and improve our quality of life.

A drop of effort can create a sea of change!
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Item 5-B
September 20, 2025
Item 5-B
September 20, 2025

5.B.a
Packet Pg. 1790 Attachment: Written Comments [Revision 1] (7334 : Closed Session: Real Estate Negotiator JSX) 21 To help protect your privacy, Microsoft Office prevented automatic download of this picture from the Internet.

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Item 5-B
September 20, 2025
Item 5-B
September 20, 2025

5.B.a
Packet Pg. 1791 Attachment: Written Comments [Revision 1] (7334 : Closed Session: Real Estate Negotiator JSX) 22 David Yakobson
From: David Abramis <[email protected]>
Sent: Tuesday, September 30, 2025 12:13 AM
To: Oliver Chi; Lana Negrete; Caroline Torosis; Dan Hall; Barry Snell; Jesse Zwick; Natalya Zernitskaya; Ellis Raskin; councilmtgitems
Cc: Iris Souza
Subject: Closed Session - SMO - Item 5B - Closed Session

EXTERNAL
Dear Santa Monica City Council Members and City Manager:

Because we will be unable to attend your meeting on 9/30/2025 and speak in person, we are writing this email in hopes that you will read it, take it seriously, and include it in the record for the meeting. The following are the issues we wish you to consider regarding the closure of the Santa Monica Airport and conversion to a Great Park:
(1) As a CEQA project, a full Environmental Impact Report must come before any approval. And this will definitively have an environmental impact on the community. (2) Airline-style service would more than double jet fuel use, add many more daily car trips, and mean louder aircraft over our neighborhoods.
(3) The airport?s adjacent fire station isn't set up for a regional airliner crash. Approving service without upgrades exposes the City to major liability.
(4) Treat JSX & Island together, and delay them.
(5) Closure is already guaranteed by the court. Given that, we don't see the logic of expanding airline operations now.

Summary of actions we suggest: Delay both JSX and Island, require an EIR, and assess safety first.

We sincerely thank you for your attention and for your hard work for our city.

David Abramis and Iris Souza
2642 33rd St.

Santa Monica, CA 90405
Item 5-B
September 20, 2025
Item 5-B
September 20, 2025

5.B.a
Packet Pg. 1792 Attachment: Written Comments [Revision 1] (7334 : Closed Session: Real Estate Negotiator JSX) 23 David Yakobson
From: Sandra Casillas <[email protected]>
Sent: Tuesday, September 30, 2025 2:49 AM
To: Oliver Chi; Lana Negrete; Caroline Torosis; Dan Hall; Barry Snell; Jesse Zwick; Natalya Zernitskaya; Ellis Raskin; councilmtgitems
Subject: Closed Session - SMO - Item 5B - Closed Session

EXTERNAL
Please DO NOT allow ANY new commercial airline or helicopter services to SMO. The airport is CLOSING in 2028.

Please stop fooling around trying to get the airport to stay past 2028. We want a GREAT PARK! Sandra Casillas
12125 Navy St
LA, CA 90066
310-569-8418
Item 5-B
September 20, 2025
Item 5-B
September 20, 2025

5.B.a
Packet Pg. 1793 Attachment: Written Comments [Revision 1] (7334 : Closed Session: Real Estate Negotiator JSX) 24 David Yakobson
From: olivia buckwheat Kelly <[email protected]> Sent: Tuesday, September 30, 2025 4:34 AM
To: Oliver Chi; Lana Negrete; Caroline Torosis; Dan Hall; Barry Snell; Jesse Zwick; Natalya Zernitskaya; Ellis Raskin; councilmtgitems
Subject: Closed Session - SMO - Item 5B - Closed Session

EXTERNAL
Hello,
I’m writing to ask you to delay JSX and Island contracts, and that you require an EIR beforehand. The airport is set to close in 2028, please do not jeopardize this closure with proposed commercial expansion.

Sincerely,
Olivia Kelly
Enviado desde mi iPhone
Item 5-B
September 20, 2025
Item 5-B
September 20, 2025

5.B.a
Packet Pg. 1794 Attachment: Written Comments [Revision 1] (7334 : Closed Session: Real Estate Negotiator JSX) 25 David Yakobson
From: Patti Braun <[email protected]>
Sent: Tuesday, September 30, 2025 4:35 AM
To: Oliver Chi; Lana Negrete; Caroline Torosis; Dan Hall; Barry Snell; Jesse Zwick; Natalya Zernitskaya; Ellis Raskin; councilmtgitems
Subject: Regarding Item 5B in Closed Session

EXTERNAL
Dear Mayor Negrete, Mayor Pro Tem Torosis, Esteemed Council Members, and City Manager Chi, We are writing to express significant concerns about the proposed airline-style service JSX wants to launch at SMO with 30-seat ATR 42-600 turboprops.

SMO’s shortened runway is too short for these large aircraft, according to the aircraft's manufacturer, which should alarm you, particularly since there are occupied houses within the safety buffer zones at both ends of the runway.

It is an open "secret" that JSX is using a loophole to get into SMO, using looser “charter” rules (Part 135) instead of the stricter oversight that is required for commercial airlines. Though we are not experts, we have been studying!
Part 135 was originally meant for small “charter” or “on-demand” flights with fewer passengers (like private jets or small air taxis). Under Part 135, air carriers can skip TSA security lines, operate with fewer federal safety requirements, and use smaller airports that aren’t set up for commercial service.

JSX would truly be stretching this rule by flying 30-seat ATR 42-600 turboprops (large for Part 135) multiple times a day at Santa Monica Airport. The lack of safety infrastructure (TSA, Security, etc) at our "general aviation airport" makes it unfit for "commercial" operations. These are legitimate safety and security risks and concerns that should not be ignored.

JSX’s plan to introduce larger aircraft would substantially increase both noise and traffic in the Sunset Park neighborhood, which already experiences severe congestion during the weekday afternoon peak. In addition, toxic ultrafine particulate emissions would directly affect surrounding homes, schools, and preschools. Given the community’s long effort to shorten the runway, and establish a legally binding closure date, it is incredibly frustrating to see those efforts undermined and hard-won protections threatened.

We understand that the Consent Decree requires Santa Monica to authorize aviation operations that fit within the safety limits of our shortened runway, but it also empowers and obligates the City to block operations that create unacceptable safety and security risks.

Before approving JSX, we are first asking Santa Monica leaders to conduct a public hearing, and next, complete an FAA Safety Review. Last, if JSX wants to begin regular “airline-style” service at Santa Monica Airport, which is a new use of the facility (beyond general aviation), it should not be Item 5-B
September 20, 2025
Item 5-B
September 20, 2025

5.B.a
Packet Pg. 1795 Attachment: Written Comments [Revision 1] (7334 : Closed Session: Real Estate Negotiator JSX) 26 approved without the City considering noise impacts (multiple large turboprop flights per day); air quality impacts (jet fuel emissions, ultra fine particles); traffic and parking (passenger drop-offs, ride shares, current congestion); safety risks (operations on a short runway in a dense neighborhood); and land use consistency (with Measure LC and the Airport Closure Consent Decree). These make it a “project” under CEQA, so an Environmental Impact Report (EIR) is required. An EIR will require full disclosure of impacts, and create a legal record if the City later faces a lawsuit.

Santa Monica City CouncilSeptember 30, 2025

Santa Monica City Council
September 30, 2025