Santa Monica City Council
December 16, 2025

• Zoning variances
• Vacation of a public easement across private property • Pre-applications, such as for General Plan Amendment, considered by the legislative body prior to filing of formal application
• Contracts entered under the City Manager’s Authority
• Closed session items that may result in a contract/settlement agreement approved by Council (real estate or litigation)
It does not apply to:
• Contracts under $50,000
• Contracts where no party receives financial compensation • Contracts between two or more public agencies
• Competitively bid contracts that are required by law, agency policy, or agency rule to be awarded pursuant to a competitive process
• Purely ministerial decisions
• General policy decisions or rules where the interests affected are many and diverse
• Ordinances and resolutions (except items like development agreements adopted by ordinance)
• Ballot measures
• Departmental policies
• Council rules
• Labor contracts and project labor agreements
• Personal employment contracts
• Allocation of resources in the City budget

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

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

3. What must be disclosed?
A party must disclose campaign contributions over $500 made in the prior twelve months.

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

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Packet Pg. 305 Attachment: Levine Act Disclosure Form 11252025 (7428 : Approval of Modification of Agreements for On-Site Occupational Medical Testing

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

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

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

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

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

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Packet Pg. 306 Attachment: Levine Act Disclosure Form 11252025 (7428 : Approval of Modification of Agreements for On-Site Occupational Medical Testing Redevelopment Successor
Agency Report
City Council Meeting: December 16, 2025
Agenda Item: 4.G
1 of 4
To: Redevelopment Successor Agency
From: Natalie Verlinich, Acting Director, Housing and Human Services Department Subject: Annual Report on Low-Moderate Income Housing Asset Fund for Fiscal Year 2024-25
Recommended Action
Staff recommend the Redevelopment Successor Agency:

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. Receive the Annual Report on the Low- and Moderate-Income Housing Asset Fund for Fiscal Year 2024-25 and authorize the City Manager to post the report on the City's website by December 31, 2025; and

3. Direct the City Manager to present the independent audit of the Low- and Moderate-Income Housing Asset Fund to the City Council upon completion of the independent audit of the City’s Annual Comprehensive Financial Report (ACFR) and authorize the City Manager to post the results of the audit on the City's website after presentation to City Council.

Summary
The City provides financial assistance to support the acquisition, rehabilitation, and new construction of housing affordable to lower income households, a local strategy that supports the City Council’s priority of Developing Affordable, Livable & Secure Housing for All. City funding to support the investments comes from a variety of sources (e.g., voter-approved Measure GSH funds, loan repayments, and development impact fees) and is accounted for in various funds. The Low- and Moderate-Income Housing Asset Fund (Fund) specifically accounts for the housing assets of the former Santa Monica Redevelopment Agency (RDA). State law requires the City to report annually on the Fund of the former RDA and requires an independent audit of the Fund, which will be

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completed as part of the City’s annual audit process.

Discussion
The City as Housing Successor assumed the housing functions of the former RDA on January 10, 2012. The transfer of the functions included the transfer of formerly designated RDA low- and moderate-income housing assets together with any funds generated by former RDA housing assets. The funds must be maintained by the City in a separate Fund and expended in accordance with California Health and Safety Code Section 34176.1. Allowable expenditures include the development of affordable housing, monitoring and preservation of housing subject to affordability restrictions and covenants, and homeless prevention and rapid rehousing services for homeless individuals.

Senate Bill 341, which is codified in Section 34176.1 of the California Health and Safety Code and became effective in January 2014, requires each housing successor that assumed the housing functions of a former redevelopment agency to post a report on its website that contains information regarding the Fund for the previous fiscal year. In this case, the City, as the Housing Successor, is required to prepare and post the report (Attachment A), after the City Council's review and receipt.

The report includes the following information:
• the balance in the Fund as of the close of the Fiscal Year 2024-25 was $14,563,415 with $811,100 in deposits from interest income and residual receipts, and $146,691 in expenditures for the development of affordable housing. The balance is currently set aside as part of the adopted Housing Element strategy to focus the City’s affordable housing efforts towards Cityowned sites as well as the rehabilitation loan commitment for Virginia Avenue o The use of City-owned land for affordable housing provides multiple benefits including maximizing the value of the City’s Housing Trust Funds (HTF) as most of the HTF’s loaned to affordable housing organizations are used to acquire land. By contributing land it already owns, the direct cost of acquiring land is eliminated and the City can stretch its HTF’s further to

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increase the supply of affordable housing.
o The balance in the Fund may be needed by affordable housing predevelopment costs and/or closing the construction gap for affordable housing developments on City-owned sites
o Based on the six most recent new construction housing developments the City funded, the average City subsidy for pre-development costs and closing the construction gap was $119,072 per affordable residence and an average City subsidy for land acquisition was $155,198 per affordable residence. Total average City subsidy, including pre-development, construction gap, and land acquisition costs, was $274,270 per affordable residence. Given this average subsidy, the balance in the Fund could provide subsidy to approximately 122 affordable residences on Cityowned sites while it would support only 53 homes if private land must be purchased
• $198,743 of the balance in the Fund has been encumbered in Fiscal Year 2024-2025 by loan commitments to non-profit affordable housing organizations for the production and preservation of affordable housing • The former RDA’s replacement housing and inclusionary housing obligations have been satisfied
• obligations related to development or disposition of real property acquired by the former RDA prior to February 1, 2012 have been met
• the senior housing test has been met, with 30 percent of assisted residences deed-restricted to seniors within the previous 10 years • currently there are excessive accumulated funds in the amount of $8,592,094 (often called “excess surplus”) that need to be encumbered within three fiscal years. These funds will be utilized for affordable housing developments on City-owned sites and the rehabilitation of Virginia Avenue within this timeframe.

Additionally, to ensure monies in the Fund are spent in accordance with the law, Section 34176.1(f) requires an independent financial audit of the Fund within six months of the

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end of the fiscal year. The independent audit of the Fund is conducted as part of the year-end audit by the City’s independent auditor and is included as part of the City’s Annual Comprehensive Financial Report (ACFR). Staff are working to complete the ACFR during the required six-month timeframe. Staff will post the results of the independent audit of the Fund on its website after the ACFR is presented to the City Council.

Environmental Review
This report 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.” This report is an administrative requirement for informational purposes. Therefore, it can be seen with certainty that the agreement would not result in adverse physical impacts on the environment, and as such, exempt from CEQA.

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

Prepared By: Richard Diaz, Senior Administrative Analyst Approved Forwarded to Council
Attachments:

A. Annual Summary Report-LMIHAF 24-25

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Santa Monica Housing Successor P a g e | 1
Attachment A

ANNUAL REPORT

REGARDING THE LOW AND MODERATE INCOME HOUSING ASSET FUND FOR FISCAL YEAR 2024-2025
PURSUANT TO CALIFORNIA HEALTH AND SAFETY CODE SECTION 34176.1(f)

FOR THE SANTA MONICA HOUSING SUCCESSOR
This Housing Successor Annual Report (Report) regarding the Low and Moderate Income Housing Asset Fund (LMIHAF) has been prepared pursuant to California Health and Safety Code Section 34176.1(f). This Report sets forth certain details of the Santa Monica Housing Successor (Housing Successor) activities during fiscal year 2024-2025 (Fiscal Year). The purpose of this Report is to provide the governing body of the Housing Successor an annual report on the housing assets and activities of the Housing Successor under Part 1.85, Division 24 of the California Health and Safety Code, in particular sections 34176 and 34176.1 (Dissolution Law).

This Report conforms with and is organized into sections I. through XIII. inclusive, pursuant to Section 34176.1(f) of the Dissolution Law:

I. Amount the City received from City-Agency loans
This section provides the total amount of funds received from repayment of City-Agency loans during the Fiscal Year pursuant to Section 34191.4(b)(3)(A).

Fiscal Year 2020-2021 was the final year that the City received payment pursuant to 34191.4(b)(3)(A) from the repayment of City-Agency loans.

II. Amounts Deposited into LMIHAF
This section provides the total amount of funds deposited into the LMIHAF during the Fiscal Year, distinguishing between amounts deposited pursuant to 34191.4(b)(3)(B) and 34191.4(b)(3)(C), amounts deposited for other items listed on the Recognized Obligation Payment Schedule (ROPS), and other amounts deposited.

Pursuant to 34191.4(b)(3)(B) and 34191.4(b)(3)(C) $0 was deposited into the LMIHAF during the Fiscal Year, of which none of the funds deposited into the LMIHAF were held for items listed on the ROPS. Other amounts deposited into the LMIHAF during Fiscal Year were $811,100 from residual receipts (affordable housing loan repayments) and interest income.

III. Ending Balance of LMIHAF
This section provides a statement of the balance in the LMIHAF as of the close of the Fiscal Year. Any amounts deposited for items listed on the ROPS must be distinguished from the other amounts deposited.

At the close of the Fiscal Year, the ending balance in the LMIHAF was $14,563,415 of which $0 was held for items listed on the ROPS.

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Packet Pg. 311 Attachment: Annual Summary Report-LMIHAF 24-25 (7341 : SB341 / Low Moderate Income Housing) Santa Monica Housing Successor P a g e | 2
IV. Description of Expenditures from LMIHAF
This section provides a description of the expenditures made from the LMIHAF during the Fiscal Year. The expenditures are to be categorized.

The following table provides the description of expenditures from the LMIHAF by category.

Expenditure Description Amount
Monitoring and preserving the long-term affordability of units subject to affordability restrictions or covenants entered into by the redevelopment agency or housing successor. Includes expenditures for administration of affordable housing activities.
$ 146,691
Homeless Prevention and rapid rehousing services $ 0
Development of affordable housing pursuant to 34176.1(a)(3)(A) $ 0 Total LMIHAF Expenditures $ 146,691
V. Statutory Value of Assets Owned by Housing Successor Thissection providesthe statutory value of real property owned by the Housing Successor, the value of loans and grants receivables, and the sum of these two amounts.

Under the Dissolution Law and for purposes of this Report, the “statutory value of real property” means the value of properties formerly held by the former redevelopment agency as listed on the housing asset transfer schedule approved by the Department of Finance as listed in such schedule under Section 34176(a)(2), the value of the properties transferred to the Housing Successor pursuant to Section 34181(f), and the purchase price of property purchased by the Housing Successor. Further, the value of loans and grants receivable is included in the reported assets held in the LMIHAF.

The following table provides the statutory value of assets owned by the Housing Successor.

Description Amount
Statutory Value of Real Property $ 11,060,000
Value of Loans and Grants Receivable $ 152,632,983
Total Value of Housing Successor Assets $ 163,692,983
VI. Description of Transfers
This section describes transfers, if any, to another housing successor agency made in previous fiscal years, including whether the funds are unencumbered and the status of projects, if any, for which the transferred LMIHAF will be used. The sole purpose of the transfers must be for the development of transit priority projects, permanent supportive housing, housing for agricultural employees or special needs housing.

The Housing Successor did not make any LMIHAF transfers to other Housing Successor(s) under Section 34176.1(c) (2) during the Fiscal Year.

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VII. Project Descriptions
This section describes any project for which the Housing Successor receives or holds property tax revenue pursuant to the ROPS and the status of that project.

The Housing Successor does not receive or hold property tax revenue pursuant to the ROPS.

VIII. Status of Compliance with Section 33334.16
This section provides a status update on compliance with Section 33334.16 for interests in real property acquired by the former redevelopment agency prior to February 1, 2012.

With respect to interests in real property acquired by the former redevelopment agency prior to February 1, 2012, the time periods described in Section 33334.16 shall be deemed to have commenced on the date that the Department of Finance approved the property as a housing asset in the LMIHAF; thus, as to real property acquired by the former redevelopment agency now held by the Housing Successor in the LMIHAF, the Housing Successor must initiate activities consistent with the development of the real property for the purpose for which it was acquired within five years of the date the DOF approved such property as a housing asset.

The following table provides a status update on the real property acquired by the former redevelopment agency prior to February 1, 2012 and transferred to the Housing Successor.

Property Address Date
Acquired
DOF Approved
Transfer Date
Status as of June 30, 2025
1725 Ocean Avenue 4/11/2000 10/2/2013 The property was developed with 160 affordable apartments.
1751 Cloverfield
Bld.
10/3/2003 10/2/2013 The property was developed as congregate housing and emergency shelter providing 55
affordable beds.
2018 19th Street 6/26/2009 10/2/2014 The property was sold. All sales proceeds were deposited in the LMIHAF.

IX. Description of Outstanding Obligations under Section 33413 This section describes the outstanding inclusionary and replacement housing obligations, if any, under Section 33413 that remained outstanding prior to dissolution of the former redevelopment agency as of February 1, 2012 along with the Housing Successor’s progress in meeting those prior obligations, if any, of the former redevelopment agency and how the Housing Successor plans to meet unmet obligations, if any.

There are no outstanding inclusionary or replacement housing obligations pursuant to Section 33413. The former Redevelopment Agency’s Implementation Plan is posted on the City’s website at:
http://www.smgov.net/uploadedFiles/Departments/HED/Housing_and_Redevelopment/RDA/Attach%20A %202009%205%20Yr%20Implementation%20Plan%20-%20FINAL.pdf

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X. Income Test
This section provides the information required by Section 34176.1(a)(3)(B), or a description of expenditures by income restriction for the period beginning January 1, 2014 and whether the statutory thresholds have been met for 2019, and every five years thereafter, from January 1, 2014, through the end of the latest fiscal year covered in the report.

All funds expended during the five-year period beginning July 1, 2019 and ending June 30, 2024 were for the development of housing affordable to and occupied by households earning 80 percent of less of the area median income. The next five-year period, beginning July 1, 2024 and ending June 30, 2029, will be reported for Fiscal Year 2028-2029 annual summary report.

XI. Senior Housing Test
Thissection providesthe percentage units of deed-restricted rental housing restricted to seniors and assisted individually or jointly by the Housing Successor, its former Redevelopment Agency, and its host jurisdiction within the previous ten years in relation to the aggregate number of units of deed-restricted rental housing assisted individually or jointly by the Housing Successor, its former Redevelopment Agency and its host jurisdiction within the same time period.

The following table provides the Housing Successor’s Senior Housing Test for the ten-year period from July 1, 2015 through June 30, 2025.

Description Amount
Number of Assisted Senior Rental Units 126
Number of Total Assisted Rental Units 423
Senior Housing Percentage 30%
XII. Excess Surplus Test
This section provides the amount of Excess Surplus in the LMIHAF (defined as unencumbered funds exceeding one million or the aggregate amount deposited in the fund over the preceding four fiscal years, whichever is greater), the length of time that the Housing Successor has had excess surplus, and the Housing Successor’s plan for eliminating the excess surplus within three fiscal years.

For the 2nd year in a row, this report calculates the excess surplus per the Health and Safety Code definition, which states that “the ‘excess surplus’ shall mean an unencumbered amount in the account that exceeds the greater of one million dollars ($1,000,000) or the aggregate amount deposited into the account during the housing successor’s preceding four fiscal years, whichever is greater”. The following table provides the calculation of the Excess Surplus test. The Housing Successor plan is to utilize excess surplus on Housing Trust Fund loan for affordable housing development on City-owned sites and acquisition rehabilitation development of an existing building within the three fiscal years.

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Description Amount
LMIHAF Balance $ 14,563,415
Less Encumbrances $ (198,743)
Unencumbered balance $ 14,364,672
Less the greater of $1,000,000 or the aggregate amount deposited into the account during the housing successor’s preceding four fiscal years, whichever is greater
$ (5,772,578)
Excess Surplus $ 8,592,094
XIII. Inventory of homeownership units
This section provides an inventory of homeownership units that were assisted by the former Redevelopment Agency or Housing Successor that are subject to covenants or restrictions or to an adopted program that protects the investment of moneys from the LMIHF pursuant to Section 33334.3(f) and includes any losses of units to the portfolio, funds returned to the Housing Successor, and whether an outside entity has been contracted to manage these units.

The Housing Successor does not have any homeownership units that were assisted by the former Redevelopment Agency or the Housing Successor.

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Packet Pg. 315 Attachment: Annual Summary Report-LMIHAF 24-25 (7341 : SB341 / Low Moderate Income Housing) Redevelopment Successor
Agency Report
City Council Meeting: December 16, 2025
Agenda Item: 4.H
1 of 1
To: Redevelopment Successor Agency
From: Nikima Newsome, City Clerk, Records and Election Services Department Subject: Approval of Minutes for Redevelopment Successor Agency Meeting Recommended Action
Staff recommends that the Redevelopment Successor Agency approve the minutes of the December 9, 2025 meeting.

Prepared By: David Yakobson, Staff Assistant III
Approved Forwarded to Council
Attachments:

A. Draft Minutes - December 9, 2025

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December 09, 2025
1 CITY OF SANTA MONICA

REDEVELOPMENT SUCCESSOR AGENCY MEETING MINUTES
DECEMBER 9, 2025
A special meeting of the Santa Monica Redevelopment Successor Agency was called to order by Chair Negrete at 7:30 p.m., on Tuesday, December 09, 2025, at City Council Chambers, 1685 Main Street.

Roll Call: Present: Chair Caroline Torosis
Chair Pro Tem Jesse Zwick
Agency Member Lana Negrete
Agency Member Dan Hall
Agency Member Ellis Raskin
Agency Member Natalya Zernitskaya
Agency Member Barry Snell
Also Present: Executive Director Oliver Chi
Interim Agency Attorney Heidi von Tongeln
Agency Secretary Nikima S. Newsome
CONVENE On order of the Chair, the Redevelopment Successor Agency convened at 7:30 p.m., with all members present, except Agency Member Snell.

REPORT ON MEETING

COMPENSATION
Pursuant to State law, Agency Secretary Nikima S. Newsome announced that members will receive no compensation for meeting as the Redevelopment Successor Agency.

PUBLIC INPUT FOR

CONSENT CALENDAR
ONLY:

Members of the public Andrew Hoyer, Dylan Moore, and Denise Barton commented on consent calendar items, including Items 16.C. and 16.D.

CONSENT CALENDAR:

JOINT MEETING WITH

THE REDEVELOPMENT

SUCCESSOR AGENCY
There being a Consent Calendar for the City Council and the Redevelopment Successor Agency, on order of the Mayor, with consensus of the Councilmembers, the Council convened to a joint meeting with the Redevelopment Successor Agency at 7:30 p.m., and the two Consent Calendars were heard concurrently, as well as Items 16.C. and 16.D. with all members present.

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

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Packet Pg. 317 Attachment: Draft Minutes - December 9, 2025 [Revision 2] (7459 : RSA Minutes (1 min)) December 09, 2025
2 At the request of Agency Member Zernitskaya, Item 16.D. was removed from the Consent Calendar.

Motion by Agency Member Hall, seconded by Agency Member Raskin, to approve the Consent Calendar except for Item 16.D., reading resolutions by title only and waiving further reading thereof. The motion was approved by the following vote:

AYES: Agency Members Zernitskaya, Snell, Raskin, Hall, Negrete, Chair Pro Tem Zwick, Chair Torosis
NOES: None
ABSENT: None

RECOGNIZED

OBLIGIATION

PAYMENT SCHEDULE

4.H. Approval of Annual Recognized Obligation Payment
Schedule (ROPS) and Administrative Budget, was approved.

Recommended Action
Staff recommends that the Redevelopment Successor Agency:

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

2. Adopt Resolution No. 47 & 48 (CCS) approving the Santa Monica Redevelopment Successor Agency’s recognized obligation
payment schedule and administrative budget for July 1, 2026 through June 30, 2027.

MINUTES 4.I. Approval of Minutes for Redevelopment Successor Agency Meeting, were approved.

Recommended Action
Staff recommends that the Redevelopment Successor Agency approve the minutes of the December 17, 2024 meeting.

ADJOURNMENT: On order of the Chair, the Redevelopment Successor Agency meeting was adjourned at 9:19 p.m.

ATTEST: APPROVED:

Nikima S. Newsome Caroline Torosis
Agency Secretary Chair

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(NOT APPROVED)

CITY OF SANTA MONICA

CITY COUNCIL MINUTES
DECEMBER 9, 2025
A regular meeting of the Santa Monica City Council was called to order by Mayor Negrete at 5:36 p.m., on Tuesday, December 9, 2025, at City Council Chambers, 1685 Main Street, Santa Monica, CA.

Roll Call: Present: Mayor Lana Negrete
Mayor Pro Tem Caroline Torosis
Councilmember Jesse Zwick
Councilmember Dan Hall
Councilmember Ellis Raskin
Councilmember Barry Snell
Councilmember Natalya Zernitskaya
Also Present: City Manager Oliver Chi
Interim City Attorney Heidi von Tongeln
City Clerk Nikima S. Newsome
CONVENE/PLEDGE On order of the Mayor, the City Council convened at 5:36 p.m., with all members present. Mayor Pro Tem Torosis 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 Mayor Pro Tem Torosis.

LEVINE ACT

DISCLOSURE
Pursuant to the Levine Act (Govt Code Section 84308), any party to a permit, license, contract, or other entitlement before the Council is

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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.

AGENDA

MANAGEMENT
Item 5.A. was pulled from the agenda. Item 12.A. was continued to the December 16, 2025, Council meeting. The City Manager Report and Travel Report will be heard after the Consent Calendar.

Motion by Councilmember Hall, seconded by Councilmember Zwick, to hear the 16 Items with the Consent Calendar (including public comment), and continue Items 16.A. and 16.B. to the December 16, 2025, Council meeting. The motion was passed by a voice vote of 5-2 with Councilmember Zernitskaya and Mayor Negrete voting against the motion.

PUBLIC INPUT FOR

GENERAL PUBLIC

COMMENT AND

SPECIAL AGENDA
ITEMS:

Members of the public Denise Barton, Kenna Stevens, and Harvey Eder commented on various local issues.

Members of the public Dan O'Brien, Rick Zbur, Fred Deni, Don Camacho, Nathan Smithson, Garrett Childers, Dom Bei, Cody Green, Jerry Rubin, Rudy Flores, Anastasia Foster, Rima Simon, Louie Negrete, Adaline Fagen, Christine Parra, Zina Josephs, Albin Gielicz, Derek Devermont, Sion Roy, Alan Mont, Mia Negrete, Nick Faries, Nathan Smithson, Greg Morena, Johnathan Foster, Ashley Oelsen, Ruslan Denkin, Denny Zane, Mike Soloff, Denise Barton, Janet Mclaughlin, Zac Gaidzik, Jennifer Kennedy, Jon Katz, Kaleigh Malloy, Sean Delgaudio, Mike Montgomery, Steven Price, Ericka Lesley commented on Special Agenda items.

PROCLAMATIONS/

COMMENDATIONS/

SPECIAL AGENDA
ITEMS

2.A. Commendation: St. Monica Catholic Church, was presented.

2.B. Commendation: Sequoyah Thiessen, was presented.

2.C. Recognition of Outgoing Mayor Negrete, was held.

2.D. Installation of Mayor Torosis - Administration of Oath by Assemblymember Rick Zbur, was held.

2.E. Installation of Mayor Pro Tem Zwick - Administration of Oath by City Clerk Nikima S. Newsome, was held.

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2.F. Special Legislative Update by Assemblymember Rick Chavez Zbur, 51st District, was presented.

PUBLIC INPUT FOR

CONSENT CALENDAR

AND CLOSED SESSION
ONLY:

Member of the public Ericka Lesley commented on Closed Session items.

Members of the public Andrew Hoyer, Dylan Moore, and Denise Barton commented on consent calendar items, including Items 16.C. and 16.D.

REPORT ON MEETING

COMPENSATION
Pursuant to State law, City Clerk Nikima S. Newsome announced that Council will receive no compensation for meeting as the Redevelopment Successor Agency.

CONSENT CALENDAR:

JOINT MEETING WITH

THE REDEVELOPMENT

SUCCESSOR AGENCY
There being a Consent Calendar for the City Council and the Redevelopment Successor Agency, on order of the Mayor, with consensus of the Councilmembers, the Council convened to a joint meeting with the Redevelopment Successor Agency at 7:30 p.m., and the two Consent Calendars were heard concurrently, as well as Items 16.C. and 16.D. with all members present.

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

At the request of Agency/Councilmember Zernitskaya, Item 16.D. was removed from the Consent Calendar.

Motion by Agency/Councilmember Hall, seconded by
Agency/Councilmember Raskin, to approve the Consent Calendar except for Item 16.D., reading resolutions by title only and waiving further reading thereof. The motion was approved by the following vote:

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

CHARNOCK

MONITORING WELL

DESTRUCTION

4.A. Award RFP SP #2766 to APEX Environmental and Water Resources, LLC for Contractual Services Related to the Destruction of the Charnock Monitoring Well, was approved.

Recommended Action
Staff recommends that the City Council:

1. Adopt findings of categorical exemptions pursuant to Section 15301 (Existing Facilities) and Section 15304 (Minor Alterations to Land) of the California Environmental Quality Act (CEQA) Guidelines;

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2. Award RFP SP#2766 to APEX Environmental & Water Resources, LLC, to provide contractual services for well destruction, including permitting, drilling, project oversight, regulatory compliance, and final reporting to the Los Angeles Regional Water Quality Control Board for the Public Works Department;

3. Authorize the City Manager to negotiate and execute Agreement No. 11787 (CCS) with APEX Environmental & Water Resources, LLC, in an amount not to exceed $1,267,000 (including a 10%
contingency) for a three-year period, with future year funding contingent on Council budget approval; and

4. Authorize budget amendment as outlined in the Financial Impacts & Budget Actions section of this report (requires 5 votes).

PARKING CITATION

SOFTWARE ISSUANCE
SYSTEM

4.B. Approval of Third Modification of Agreement No. 10710 (CCS) with Modaxo (formerly Conduent) for a Parking Citation Software Issuance System, 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 third modification to Agreement No. 10710 (CCS) in the amount of $60,000 with Modaxo (formerly Conduent), to provide a parking citation software issuance system for the Police Department. This will result in a 7-year amended agreement with a new total amount not to exceed $310,000, and with future year funding contingent on Council budget approval.

EMPLOYEE

ASSISTANCE PROGRAM

4.C. Award of RFP to and Authorization to Enter Into Professional Services Agreement With Magellan Health Services of California, Inc. - Employer Services for the Administration of an Employee Assistance Program, was approved.

Recommended Action
Staff recommends the City Council.

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

2. Award RFP to Magellan Health Services of California, Inc. - Employer Services for the administration of an Employee Assistance Program (“EAP”) for the Human Resources Department.

3. Authorize the City Manager to negotiate and execute professional services Agreement No. 11788 (CCS) with Magellan Health Services of California, Inc. - Employer Services in an amount not to exceed

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$311,610 (including a 15% contingency) for a total amount of $311,610 over a five-year period, with two one-year renewal options with future year funding contingent on Council budget approval.

REAR LOADER TRUCK

PURCHASE

4.D. Authorization for the Purchase Manager to Issue a Purchase Order to Purchase Rear Loader Truck for the Resource Recovery and Recycling Division, 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 Procurement Manager to issue a purchase order with Los Angeles Truck Centers, LLC for one Battle Motors Inc. LET2- 40 Rear Loader for 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 $528,136, with future year funding contingent on Council budget approval.

PURCHASE AND

DELIVERY OF

AMBULANCES

4.E. Authorization for Procurement Manager to Issue Purchase Orders to Emergency Vehicle Group and Republic EVS for Purchase and Delivery of Ambulances, 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 Procurement Manager to issue a purchase order with Emergency Vehicle Group, Inc for the purchase of two ambulances for the Fire 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 $704,063 (including a 5% contingency) with future year funding contingent on Council budget approval; and

3. Authorize the Procurement Manager to issue a purchase order with Republic EVS for the purchase of four ambulances for the Fire Department. This recommended award is made as an exception to the competitive bidding process pursuant to Section 2.24.250(c) and is for a total amount not to exceed $1,054,807 (including a 5% contingency) with future year funding contingent on Council budget approval.

CYBERSECURITY 4.F. Award Purchase Order to SHI International Corporation for

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SOFTWARE

SUBSCRIPTION

LICENSES
Rapid7 Cybersecurity Software Subscription 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; and

2. Authorize the Procurement Manager to issue a purchase order with SHI International Corporation for Rapid7 Cybersecurity Software Subscriptions for the Information Services Department. This recommended award is made as an exception to the competitive bidding process pursuant to Santa Monica Municipal Code Section

2.24.250(c) and is for an amount not to exceed $201,140 for a oneyear term with future year funding contingent upon Council budget approval.

REGISTRATION OF

VACANT PROPERTIES

4.G. Second Reading and Adoption of Ordinance No. 2838 (CCS) Amending Chapter 13.04, Vacant Properties, of Article 13, Neighborhood Preservation, of the City of Santa Monica Municipal Code to Require the Registration of Vacant Properties, was adopted.

Recommended Action
Staff recommends:

1. The City Council rescind the action taken on November 18, 2025, adopting Ordinance Amending Chapter 13.04, Vacant Properties.

2. The City Council adopt the corrected version of Ordinance Amending Chapter 13.04, Vacant Properties.

RECOGNIZED

OBLIGATION PAYMENT
(ROPS)

4.H. Approval of Annual Recognized Obligation Payment Schedule (ROPS) and Administrative Budget, was adopted.

Recommended Action
Staff recommends that the Redevelopment Successor Agency:

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

2. Adopt Resolution No. 47 & 48 (CCS) approving the Santa Monica Redevelopment Successor Agency’s recognized obligation payment schedule and administrative budget for July 1, 2026 through June 30, 2027.

MINUTES 4.I. Approval of Minutes for Redevelopment Successor Agency Meeting
Recommended Action
Staff recommends that the Redevelopment Successor Agency approve the

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minutes of the December 17, 2024 meeting.

MINUTES 4.J. Minutes of City Council - Regular Meeting - Nov 18, 2025 5:30 PM, was approved.

MINUTES 4.K. Minutes of City Council - Special Meeting - Nov 18, 2025 5:35 PM, was approved.

PURCHASE OF

BULLETPROOF VESTS

4.L. Approval of Modification to Purchase Order with U.S. Armor to Provide Bulletproof Vests for the Police Department, was approved.

Recommended Action
Staff recommends that the City Council:

1. Authorize the Procurement Manager to issue a change order to purchase order #22600670 in the amount of $250,000 with U.S.

Armor for bulletproof vests for the Police Department. This would result in a revised purchase order total not to exceed $500,000, with future year funding contingent on Council budget approval; and

2. 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.

ADJOURNMENT OF

JOINT MEETING
On order of the Chair/Mayor, the joint meeting with the Redevelopment Successor Agency was adjourned at 7:45 p.m., and the regular meeting of the City Council was reconvened, with all members present.

CLOSED SESSIONS
(Councilmember Negrete was
excused at 8:30 P.M.)
On order of the Mayor, the City Council recessed at 7:55 p.m., to consider Closed Session items.

5.A. Conference with legal counsel – existing litigation – Gov. Code § 54956.9(d)(1): Measure LC Defense et al. v. City of Santa Monica et al., LASC # 25STCP04362
The 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):

John U.N.B. Doe, et al. v. City, et al.; LASC # 23STCV12746; John Doe 1, et al. v. City, et al.; LASC # 23STCV15009; Hector Orozco v. John Doe: Does 1-2; LASC # 23SMCV03120; John JPC Doe v. Doe City, et al.; LASC # 23STCV22020; John AD Doe, et al. v. City, et al.; LASC # 23STCV26548; John CW Doe, et al. v. City, et al.; LASC # 23STCV29623; John Doe (A.G.) v. Santa Monica Police Activities League, et al; LASC # 23SMCV06066; John GA DOE, et al. v. City, et

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al.; LASC # 24STCV06484; John U.L.W. Doe, et al. v. City, et al.; LASC # 24STCV06768; Joseph Garcia v. Santa Monica Police Activities League, et al.; LASC # 24SMCV01368; John Doe 15, et al. v. City, et al.; LASC # 24STCV07647; John Doe 18, et al. v. City, et al.; LASC # 24STCV0239; John RR Doe, et al. v. City, et al.; LASC # 24STCV09398; John Doe 33, et al. v. City, et al.; LASC # 24STCV15580; John Doe 48 v.

City, et al.; LASC # 24STCV15420; John Doe 49 v. City, et al.; LASC # 24STCV19296; John DD Doe v. City, et al.; LASC # 24SMCV04421; Jane EB Doe, et al. v. City, et al.; LASC # 24STCV24146; John Doe (V.D.) v. Santa Monica Police Activities League, et al.; LASC # 24SMCV05049; John Doe (D.F.) v. Santa Monica Police Activities League, et al.; LASC # 24SMCV05050; John Doe (D.G.) v. Santa Monica Police Activities League, et al.; LASC # 24SMCV05051; Jane Doe 13, et al. v. City, et al.; LASC # 24STCV27233; John AM Doe, et al. v. City, et al.; LASC # 24STCV28433; John Doe v. City, et al.; LASC # 24SMCV05527; John Doe 53 v. City, et al.; LASC # 24STCV31763; John Doe (Y.M.) v. Santa Monica Police Activities League, et al.; LASC # 24SMCV06355; Jane Doe 16, et al. v. a Public Entity, et al.; LASC # 25STCV02235; John Doe 62, et al. v. City, et al.; LASC # 25STCV04414; John Doe 23 v. City, et al.; LASC # 25STCV05850; John Doe (E.B.) v.

Santa Monica Police Activities League, et al.; LASC # 25STCV06354; Jane PB Doe, et al. v. City, et al.; LASC # 25STCV06880; John Doe 67 v. City, et al.; LASC # 25STCV10142; John Doe 68 v. City, et al.; LASC # 25STCV12089; John Doe 69, et al. v. City, et al.; LASC # 25STCV14031; John OR Doe, et al. v. City, et al.; LASC # 25STCV16251; John RD Doe, et al. v. City, et al.; LASC # 25STCV24158 The City Attorney advised this matter was heard with no reportable action taken.

5.C. Conference with legal counsel - existing litigation - Gov. Code § 54956.9(d)(1): City v. ICSOP, et al.; OCSC # 30-2022-01261243 The City Attorney advised this matter was heard with no reportable action taken.

5.D. Conference with legal counsel - potential initiation of litigation - Gov. Code § 54956.9(d)(4): 1 case (SMF Property Holdings LLC; Santa Monica EV Holdings, LLC; and Waymo LLC)
The City Attorney advised this matter was heard with no reportable action taken.

5.E. Conference with real estate negotiator - Gov. Code § 54956.8:
property: 2000 Ocean Avenue, Santa Monica, CA (Crescent Bay Park and Beach Lot 4 South); owner of record: City of Santa Monica; City negotiator: Susan Cline, Assistant City Manager, and Peter James,

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Deputy City Manager; parties to be negotiated with: Bernd Loidl – CEO – Loidl LLC and Kyle Meyers – CEO – Silverback LLC; under negotiation: price and terms of payment for license
The City Attorney advised this matter was heard with no reportable action taken.

5.F. Conference with real estate negotiator - Gov. Code § 54956.8:
property: 200 Santa Monica Pier, Santa Monica, CA; owner of record:

City of Santa Monica, CA; City negotiator: Susan Cline, Assistant City Manager, and Peter James, Deputy City Manager; parties to be negotiated with: Jess Krauss and Kaitlin Decker, ESPN; under negotiation: price and terms of payment for license
The City Attorney advised this matter was heard with no reportable action taken.

5.G. Conference with real estate negotiator - Gov. Code § 54956.8:
property: Annenberg Community Beach House, 415 Palisades Beach Road, Santa Monica, CA; owner of record: City of Santa Monica; City negotiator: Susan Cline, Assistant City Manager; parties to be negotiated with: Arnaud Courtier, French National Sports Committee; under negotiation: price and terms of payment for license The City Attorney advised this matter was heard with no reportable action taken.

5.H. Conference with real estate negotiator - Gov. Code § 54956.8:
property: Santa Monica Beach (approximately 550,000 square feet of sand area south of the Santa Monica Pier to the Pico Blvd. storm runoff and bordered by the beach bike path on the east and the Pacific ocean on the west), Santa Monica, CA; owner of record: City of Santa Monica; City negotiator: Susan Cline, Assistant City Manager, and Peter James, Deputy City Manager; parties to be negotiated with: Melissa Ormond, COO, Golden Vice, LLC; under negotiation: price and terms of payment for license
The City Attorney advised this matter was heard with no reportable action taken.

5.I. Conference with real estate negotiator - Gov. Code § 54956.8:
property: 200 Santa Monica Pier, Santa Monica, CA; owner of record:

City of Santa Monica, CA; City negotiator: Susan Cline, Assistant City Manager, and Peter James, Deputy City Manager; parties to be negotiated with: Matias Regenhardt, Director, Anheuser-Busch; under negotiation: price and terms of payment for license

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The City Attorney advised this matter was heard with no reportable action taken.

5.J. Consider appointment of unrepresented employee – Gov. Code § 54957(b); City negotiator: Mayor/City Manager; Unrepresented employee: City Clerk/Interim City Clerk; conference with labor negotiator - Gov. Code § 54957.6; City negotiator: Mayor/City Manager; Unrepresented employee: City Clerk/Interim City Clerk The City Attorney advised this matter was heard with no reportable action taken.

CITY MANAGER
REPORT
The City Manager Report was presented.

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

PUBLIC HEARINGS:

SELF-CERTIFICATION

PILOT PROGRAM

12.A. Approval of 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; and Adopt a Resolution of Intention to Amend the Text Section 9.21.130 of the Zoning Ordinance Related to Resource Recovery and Recycling, was pulled at the request of staff and continued to the December 16, 2025 Council meeting.

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.

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.

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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.

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.

Item 16.D. was removed and considered separately in accordance with Council Rule 6(y)

TRANSIENT

OCCUPANCY TAX

ADVISORY COMMITTEE

16.A. Appointment to one scheduled vacancy on the Transient Occupancy Tax Advisory Committee for a term ending on June 30, 2027 (Continued from 11/18/2025), was continued to the December 16, 2025, Council meeting.

DISABILITIES

COMMISSION

16.B. Appointment to one unscheduled vacancy on the Disabilities Commission for a term ending on June 30, 2029, was continued to the December 16, 2025, Council meeting.

LANDMARKS

COMMISSION

16.C. Recommendation to accept Dolores Sloan's resignation from the Landmarks Commission, was accepted with regret.

Motion by Councilmember Hall, seconded by Councilmember Raskin, to accept the resignation with regret.

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

SOBERT LIVING AND

CONGREGATE

RECOVERY HOUSING

16.D. Request of Mayor Negrete that the City Council consider directing the City Manager on Ensuring Accountability, Safety, and Transparency for Sober Living and Congregate Recovery Housing, was heard.

Considerable discussion ensued on topics including, but not limited to the need for increased transparency and proactive identification of sober living and group homes through mandatory registration, operator/owner disclosure, local safety and occupancy standards, and improved interdepartmental coordination; the challenge of unclear property operations and lack of early notifications, especially under complex ownership structures; for the registration of these facilities to be integrated into the city’s existing rental registry to streamline data collection and avoid duplicative work by staff; clarification of the actions taken over Thanksgiving in response to an unpermitted sober living facility at 413 Ocean Avenue; clarification on

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which regulatory areas fall under city authority versus state law; and a proposal that the city formalize its support for state-level legislative solutions related to recovery housing.

Motion by Councilmember Negrete, seconded by Councilmember Zernitskaya, to approve the item, including provisions for integration with the rental registry, alignment with state law, and advocacy for state legislation. The motion was approved by unanimous voice vote with all Councilmembers present.

ADJOURNMENT On order of the Mayor, the City Council meeting adjourned at 9:18 p.m. in memory of Frank Gehry and Sheila Wolcott Banani.

ATTEST: APPROVED:

Nikima S. Newsome Lana Negrete
City Clerk Mayor
APPROVED:

Caroline Torosis
Mayor

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Report
City Council Meeting: December 16, 2025
Agenda Item: 4.J
1 of 3
To: Mayor and City Council
From: Heidi Von Tongeln, Interim City Attorney, City Attorney's Office, Administration
Subject: Adoption of Resolution Ratifying Homelessness Emergency Proclamation 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 the proposed resolution ratifying the 2025 Proclamation of the City Council of the City of Santa Monica Declaring a Local Emergency on Homelessness.

Executive Summary
On March 11, 2025, in accordance with Santa Monica Municipal Code (SMMC) Chapter

2.16, the City Council adopted the 2025 Proclamation of the City Council of the City of Santa Monica Declaring a Local Emergency on Homelessness (the “2025 Proclamation”).

Government Code Section 8630 requires local governmental authorities to renew a local emergency every 60 days until the governing body terminates the local emergency. Accordingly, this staff report recommends adopting the attached Resolution ratifying the 2025 Proclamation. (Attachment A).

Discussion
On February 14, 2023, the City Council adopted a Proclamation Declaring a Local Emergency on Homelessness due to the homelessness crisis in the region, which continues to grow, leading to deplorable living conditions and illness and deaths of

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2 of 3
unhoused and unsheltered persons in the region. On May 14, 2024, the City Council adopted a further Proclamation Declaring a Local Emergency on Homelessness (“the 2024 Proclamation”), which was utilized to advance several key initiatives related to homelessness.

On March 11, 2025, because the conditions that existed at the time the 2024 Proclamation was adopted persist, the City Council adopted the 2025 Proclamation, which extends the local emergency on homelessness through December 31, 2026. The 2025 Proclamation allows the City to expeditiously increase City services and programs to address and prevent homelessness. Specifically, the extension enables the City to, among other things, receive additional county, state, and federal resources to address the homelessness crisis, prevent rental price gouging, streamline and expedite certain City processes, leverage City resources to support people who are experiencing homelessness or at risk of experiencing homelessness or to address local impacts of homelessness, and allows the City Manager to take all available actions authorized under Santa Monica Municipal Code Chapter 2.16. On April 22, 2025, the City Council adopted Resolution Number 11658 (CCS), ratifying the 2025 Proclamation. On June 10, 2025, the City Council adopted Resolution Number 11669 (CCS), on July 29, 2025, the City Council adopted Resolution Number 11686 (CCS), on September 9, 2025, the City Council adopted Resolution Number 11697 (CCS), and on October 28, 2025, the City Council adopted Resolution Number 11712 (CCS) re-ratifying the 2025 Proclamation.

Staff now recommends that Council adopt the attached resolution re-ratifying the 2025 Proclamation declaring the existence of a local emergency in the City of Santa Monica and authorizing specified actions in response to that local emergency.

Environmental Review
The 2025 Proclamation Declaring a Local Emergency on Homelessness would have no effect on the environment, and therefore, is categorically exempt from 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.” Fiscal Impacts
None.

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Prepared By: Heidi Von Tongeln, Interim City Attorney
Approved Forwarded to Council
Attachments:

A. Resolution for Ratification of 2025 Proclamation Declaring State of Emergency on Homelessness
B. 2025 Proclamation Declaring Local Emergency on Homelessness

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1 City Council Meeting: December 16, 2025 Santa Monica, California RESOLUTION NUMBER _________ (CCS)
(City Council Series)

AN EMERGENCY RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF SANTA MONICA RATIFYING THE 2025 PROCLAMATION OF THE

CITY COUNCIL OF THE CITY OF SANTA MONICA DECLARING A LOCAL

EMERGENCY ON HOMELESSNESS
WHEREAS, Santa Monica Municipal Code Chapter 2.16 empowers the City Manager, as the Director of Emergency Services (“Director”), to request that the City Council proclaim the existence or threatened existence of a local emergency if the City Council is in session; and
WHEREAS, on February 14, 2023, the City adopted a Proclamation Declaring a Local Emergency on Homelessness due to the homelessness crisis in the region, which continues to grow, leading to deplorable living conditions and illness and deaths of unhoused and unsheltered persons in the region, which was extended to May 31, 2024; and
WHEREAS, on May 14, 2024 the City adopted a further Proclamation Declaring a Local Emergency on Homelessness (the “2024 Proclamation”), which was utilized to advance several key initiatives related to homelessness; and WHEREAS, based on the 2024 Point-In-Time Homeless Count (“2024 PITC”) data, there were 75,312 people experiencing homeless in Los Angeles County; and WHEREAS, based on the 2024 PITC data for Service Planning Area 5 (SPA 5), the SPA Santa Monica is in, there were 5,383 people experiencing homelessness; and WHEREAS, based on the 2024 PITC data, there were 774 people experiencing homelessness in Santa Monica; and

4.J.a
Packet Pg. 334 Attachment: Resolution for Ratification of 2025 Proclamation Declaring State of Emergency on Homelessness (6992 : Homelessness 2 WHEREAS, the Los Angeles County Metropolitan Transportation Authority (Metro) conducted an End of Line Survey in January 2025, and found 39 unhoused persons were unsheltered at the Santa Monica Downtown Metro Station given Metro’s current End of Line policy, which requires deboarding of all passengers and belongings at the end of the line when trains go out of service; and
WHEREAS, according to a U.S. Department of Health and Human Services report published in October 2023, the fastest growing group in the nation’s population of people experiencing homelessness is older adults, composing nearly half of the homeless population nationwide, and a number that is expected to triple by 2030, and older adult homelessness has increased by 25% in the Los Angeles Continuum of Care between 2020 and 2024; and
WHEREAS, a California Statewide Study of People Experiencing Homelessness (CASPEH) found that high housing costs and low income left participants vulnerable to homelessness, and that the most common reason for leaving housing was economic; and WHEREAS, the Los Angeles County’s COVID-19 Eviction Moratorium that protected tenants from eviction who were under 80% of Area Median Income who were unable to pay rent due to the pandemic expired March 31, 2023, and tenants had up to twelve (12) months to repay past due rent owed to avoid risk of eviction; and WHEREAS, the number of eviction lawsuits provided to the Santa Monica City Attorney’s office in 2024 increased by over 28% from the number provided in 2023, with

84.8% of 2024 eviction lawsuits based on nonpayment of rent, suggesting even more tenants at risk of eviction and homelessness than in 2023; and

4.J.a
Packet Pg. 335 Attachment: Resolution for Ratification of 2025 Proclamation Declaring State of Emergency on Homelessness (6992 : Homelessness 3 WHEREAS, on March 11, 2025, because the conditions that existed at the time the 2024 Proclamation was adopted persist, the City Council adopted the 2025 Proclamation of the City Council of the City of Santa Monica Declaring a Local Emergency on Homelessness (the “2025 Proclamation”); and
WHEREAS, the 2025 Proclamation extends the local emergency on homelessness through December 31, 2026, and allows the City to expeditiously increase City services and programs to address and prevent homelessness; and WHEREAS, specifically, the extension of the local emergency effectuated by the 2025 Proclamation enables the City to, among other things, receive additional county, state, and federal resources to address the homelessness crisis, prevent rental price gouging, streamline and expedite certain City processes, leverage City resources to support people who are experiencing homelessness or at risk of experiencing homelessness or to address local impacts of homelessness, and to allow the City Manager to take all available actions authorized under Santa Monica Municipal Code Chapter 2.16; and
WHEREAS, on April 22, 2025, the City Council adopted Resolution Number 11658 (CCS), ratifying the 2025 Proclamation; and
WHEREAS, on June 10. 2025, the City Council adopted Resolution Number 11669 (CCS), on July 29, 2025, the City Council adopted Resolution Number 11686 (CCS), on September 9, 2025, the City Council adopted Resolution Number 11697 (CCS), and on October 28, 2025, the City Council adopted Resolution Number 11712 (CCS) re-ratifying the 2025 Proclamation; and

4.J.a
Packet Pg. 336 Attachment: Resolution for Ratification of 2025 Proclamation Declaring State of Emergency on Homelessness (6992 : Homelessness 4 WHEREAS the findings included in the 2025 Proclamation are included herein as if stated in full.

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

SECTION 1. The 2025 Proclamation of the City Council of the City of Santa Monica Declaring a Local Emergency on Homelessness (“Exhibit A”) is hereby ratified.

SECTION 2. It is hereby proclaimed that a local emergency now exists throughout the City. It is further proclaimed and ordered that during the existence of this local emergency the powers, functions, and duties of the Director of Emergency Services and the emergency organization of this City shall be those prescribed by State law and by the ordinances and resolutions of this City.

SECTION 3. The City Council authorizes the City Manager, in capacity as the Director of Emergency Services, to take all actions related to the protection of life and property that are reasonably necessary to respond to the local emergency.

SECTION 4. The local emergency shall be deemed to continue and exist until December 31, 2026, unless its termination is earlier proclaimed by the City Council. As required by law, the City Council shall review the need to continue the state of emergency every 60 days until this resolution is terminated.

SECTION 5. If any section, subsection, sentence, clause, or phrase of this Resolution, or the 2025 Proclamation ratified herein 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 Resolution or the 2025 Proclamation. The City Council hereby declares that it would have passed this Resolution

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Packet Pg. 337 Attachment: Resolution for Ratification of 2025 Proclamation Declaring State of Emergency on Homelessness (6992 : Homelessness 5 and the 2025 Proclamation 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 6. The City Clerk shall certify to the adoption of this Resolution, and thenceforth and thereafter the same shall be in full force and effect.

APPROVED AS TO FORM:
_________________________

HEIDI VON TONGELN
Interim City Attorney

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Packet Pg. 338 Attachment: Resolution for Ratification of 2025 Proclamation Declaring State of Emergency on Homelessness (6992 : Homelessness Exhibit A

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Report
City Council Meeting: December 16, 2025
Agenda Item: 4.K
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To: Mayor and City Council
From: Heidi Von Tongeln, Interim City Attorney, City Attorney's Office, Administration
Subject: Adoption of Resolution Ratifying Regional Fires Emergency Proclamation and Supplements
Recommended Action
Staff recommends that the City Council:

1. Adopt a finding of no possibility of significant effect pursuant to Sections 15061(b)(3) (Common Sense Exemption). 15268 (Ministerial Projects), and 15301 (Existing Facilities) of the California Environmental Quality Act (CEQA) Guidelines; and

2. Adopt the proposed resolution ratifying the Executive Order issued by the Director of Emergency Services declaring the existence of a local emergency in the City of Santa Monica and the Supplements to that Order.

Executive Summary
On January 8, 2025, on behalf of the City, and in accordance with Santa Monica Municipal Code (SMMC) Section 2.16.060, the City Manager, as Director of Emergency Services, issued an Executive Order declaring a Local Emergency (Executive Order) in response to extreme weather conditions and widespread fires that ignited in nearby Pacific Palisades (Palisades Fire) and elsewhere in Los Angeles County (collectively, Regional Fires). On January 10, 2025, the City Manager issued a Revised Executive Order.

On January 10, 2025, Council adopted Resolution Number 11639 (CCS), ratifying the Executive Order and Revised Executive Order, proclaiming a local emergency throughout the City, and authorizing the Executive Director to take all actions related to

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the protection of life and property that are reasonably necessary to respond to the local emergency caused by the Regional Fires.

On January 14, 2025, the City Manager issued a Second Revised Executive Order in accordance with direction given by the City Council on January 10, and on January 31, 2025, the City Manager issued a First Supplement to the Executive Order.

On February 25, 2025, the City Council adopted Resolution Number 11645 (CCS), ratifying the Executive Order, the Revised Executive Order, the Second Revised Executive Order, and the First Supplement to the Executive Order. On March 19, 2025, the City Manager issued a Second Supplement to the Executive Order in accordance with direction given by Council on February 25. On March 28, 2025, the City Manager issued a Third Supplement to the Executive Order, and on April 16, 2025, the City Manager issued a Fourth Supplement to the Executive Order.

On April 22, 2025, the City Council adopted Resolution Number 11659 (CCS), reratifying the Executive Order, the Revised Executive Order, the Second Revised Executive Order, and the First Supplement to the Executive Order, and ratifying the Third and Fourth Supplements to the Executive Order. On April 29, 2025, the City Manager issued a Fifth Supplement to the Executive Order.

On June 10, 2025, the City Council adopted Resolution Number 11668 (CCS), reratifying the Executive Order, the Revised Executive Order, the Second Revised Executive Order, and the First, Second, Third and Fourth Supplements to the Executive Order, and ratifying the Fifth Supplement to the Executive Order. On June 26, 2025, the City Manager issued a Sixth Supplement to the Executive Order.

On July 29, 2025, the City Council adopted Resolution Number 11685 (CCS), reratifying the Executive Order, the Revised Executive Order, the Second Revised Executive Order, and the First, Second, Third, Fourth and Fifth Supplements to the Executive Oder, and ratifying the Sixth Supplement to the Executive Order. On August 28, 2025, the City Manager issued a Seventh Supplement to the Executive Order.

On September 9, 2025, the City Council adopted Resolution Number 11696 (CCS), reratifying the Executive Order, the First and Second Revised Executive Order, and the First, Second, Third, Fourth, Fifth and Sixth Supplements to the Executive Order, and

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ratifying the Seventh Supplement to the Executive Order. On October 23, 2025, the City Manager issued an Eighth Supplement to the Executive Order. On October 28, 2025, the City Council adopted Resolution Number 11713 (CCS), re-ratifying the Executive Order, the First and Second Revised Executive Order, and the First, Second, Third, Fourth, Fifth, Sixth and Seventh Supplements to the Executive Order, and ratifying the Eighth Supplement to the Executive Order.

The Executive Order, Revised Executive Order, Second Revised Executive Order, and the First, Second, Third, Fourth, Fifth, Sixth, Seventh and Eighth Supplements, all include specific regulations and policies to protect the health and safety of Santa Monica residents, workers, businesses, and visitors.

Government Code Section 8630 requires local governmental authorities to renew a local emergency every 60 days until the governing body terminates the local emergency. Further, SMMC section 2.16.100 requires that “rules and regulations” issued by the Director of Emergency Services be “confirmed at the earliest practicable time by the City Council” Accordingly, this staff report recommends adopting the attached Resolution re-ratifying the Executive Order, Revised Executive Order, Second Revised Executive Order and the First, Second, Third, Fourth, Fifth, Sixth, Seventh and Eight Supplements to the Executive Order. (Attachment A).

Discussion
On January 7, 2025, a life-threatening, destructive, widespread windstorm and extreme fire weather system commenced, impacting the Los Angeles metropolitan area, including the City of Santa Monica, County and City of Los Angeles, and threatening life and safety, public and private property and structures, and other critical infrastructure.

The National Weather Service issued a rare Particularly Dangerous Situation (PDS) Red Flag warning for 19 million people in the Los Angeles metropolitan area, which means there is a high risk of extreme fire behavior and very rapid growth due to dangerously high winds, low humidity, and extremely dry vegetation.

On January 7, 2025, the Palisades Fire and other major fires, including, but not limited to, the Eaton Fire located primarily in Altadena ignited in Los Angeles County ignited in Los Angeles County, burning over 40,000 acres (the Regional Fires). High winds, low

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humidity, and dry conditions increased the intensity and spread of the Regional Fires, causing imminent threat to life with Red Flag warnings in effect in Los Angeles and Ventura Counties and widespread dangerous windstorm conditions with damaging wind gusts of 50 to 80 mph.

The Regional Fires and windstorm conditions threatened or destroyed structures, homes, and critical infrastructure, including power lines and water tanks, prompted evacuation orders and warnings, and impacted the access routes to the communities affected by the Regional Fires. Along with the windstorm, the Regional Fires spread across more than 40,000 acres damaging or destroying structures and prompting evacuation orders and road closures. This weather system caused extreme conditions such as power outages, damage to power poles, fallen trees, and extreme fire behavior, impacting significant transportation arteries, requiring long-term repair and threatening the integrity of the critical infrastructure.

On January 7, 2025, as a result of the widespread windstorm and extreme fire weather, the Los Angeles County Board of Supervisors proclaimed a Local Emergency in the County of Los Angeles, the Mayor of the City of Los Angeles declared the existence of a Local Emergency throughout the City of Los Angeles, and the Governor declared a state of emergency to make additional resources available.

On January 8, 2025, the City Manager, in his role as the Director of Emergency Services (“Executive Director of Emergency Services”), issued an Executive Order of the Director of Emergency Services of the City of Santa Monica Declaring the Existence of a Local Emergency (“Executive Order”) declaring a local emergency pursuant to Chapter 2.16 of the Santa Monica Municipal Code to ensure the availability an effective response to the Regional Fires. Pursuant to the Executive Order, the Executive Director of Emergency Services further: 1) relaxed permitting requirements for schools and child care and early education facilities that were displaced; 2) suspended preferential parking rules and enforcement of Santa Monica Municipal Code Chapters 6.20, HomeSharing and Vacation Rentals, and 6.22, Residential Leasing Regulations for persons who provide alternative accommodations to persons displaced; 3) triggered prohibitions on price-gouging under the Santa Monica Municipal Code and the California Penal Code; 4) prohibited landlords from evicting residential tenants based on the presence of

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unauthorized occupants or pets, if the occupant or pet has been displaced due to an evacuation order or poor air quality conditions; 5) imposed a curfew in all areas subject to a mandatory evacuation order; 6) suspended all previously-issued building permits for areas subject to mandatory evacuation orders and evacuation warnings; 7) triggered emergency procurement and expenditure provisions under Chapter 2.16; and 8) permitted bed and breakfasts and hotels and motels to allow stays beyond 30 days. (Attachment B). On January 10, 2025, the Executive Director of Emergency Services issued a Revised Executive Order of the Director of Emergency Services of the City of Santa Monica Declaring the Existence of a Local Emergency (Revised Executive Order) restating the declaration of local emergency, and 1) prohibiting landscaping activities in areas subject to a Mandatory Evacuation Order; and 2) making other minor amendments and clarifications. (Attachment C).

On January 10, 2025, at a Special Meeting of the City Council, the Council adopted Resolution Number 11639 (CCS) to: 1) ratify the Executive Order and Revised Executive Order; 2) proclaim a local emergency throughout the City; and 3) authorize the Executive Director of Emergency Services to take all actions related to the protection of life and property that are reasonably necessary to respond to the local emergency caused by the Regional Fires. At that meeting, Council further directed staff to supplement the Executive Order to: 1) relax permitting requirements for small businesses and nonprofit organizations that were operating in Los Angeles County and have been impacted by the Regional Fires; 2) prioritize any necessary permitting and inspections for displaced schools, early childhood education centers, small businesses and nonprofit organizations, and clarify that strict adherence to building codes shall not be required on this temporary basis unless the provision directly affects health and safety; 3) grant priority on the City’s below market housing waitlist to households displaced by the Regional Fires with minor children currently attending SMMUSD schools or that work in the City at least 25 hours per week; 4) prohibit open flames during times of red flag warnings; and 5) make other minor clarifications and corrections.

On January 14, 2025, the Executive Director of Emergency Services issued a Second Revised Executive Order of the Director of Emergency Services of the City of Santa

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Monica Declaring the Existence of a Local Emergency (“Second Revised Executive Order”) to implement Council direction from January 10. 2025. (Attachment D). On January 31, 2025, the Executive Director of Emergency Services issued a First Supplement to the Executive Order to: 1) authorize schools with existing Conditional Use Permits in residential zones to expand to accommodate students from other campuses operated by the existing school displaced by the Regional Fires; 2) waive license fees for outdoor dining areas, sidewalk dining, parklets, and pier deck extended dining for the month of February 2025; 3) authorize the Finance Department to grant hotels and motels a 30-day extension for payment of Transient Occupancy Taxes and the Tourism Marketing District Assessment; and 4) expand criteria for Tier 1 priority on the City’s below market housing waitlist for income-qualifying households impacted by the Regional Fires. (Attachment E).

On February 25, 2025, the City Council adopted Resolution Number 11645 (CCS), ratifying the Executive Order, the Revised Executive Order, the Second Revised Executive Order, and the First Supplement to the Executive Order. Council further gave direction to phase out suspension of the tenant protection laws for short term rentals and that short term renters are given the same protections as long-term renters in addition to providing support to local restaurants impacted by the fires.

On March 19, 2025, the City Manager issued a Second Supplement to the Second Revised Executive Order to: 1) broaden the Order’s provisions to include schools and Child Care and Early Education Facilities that were expanding to accommodate students displaced by the Regional Fires; 2) terminate the portion of Section 3 of the Second Revised Emergency Order suspending enforcement of the provisions of the City’s Home-Sharing Ordinance as of April 18, 2025, and clarify that the resumption of enforcement does not require the eviction of any person occupying a rental unit pursuant to Section 3 of the Second Revised Emergency Order or terminate any tenant rights that any such person may have acquired; 3) expand the 30-day extension for payment of TOT and TMD to any request made on or before April 30, 2025; and 4) suspend certain provisions of Santa Monica Municipal Code 9.31.280, Restaurants, Limited-Service and Take-Out Only, and 9.31.290, Restaurants with Entertainment, and specific alcohol-related standards and conditions of approval established pursuant to

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any Alcohol Determination, Alcohol Exemption, or Conditional Use Permit entitlements to allow for additional flexibility in alcohol sales and service through April 30, 2025. (Attachment F).

On March 28, 2025, the City Manager issued a Third Supplement to the Executive Order to provide a 50% discount for license fees for outdoor dining, sidewalk dining, and pier deck dining for the month of March 2025. (Attachment G).

On April 16, 2025, the City Manager issued a Fourth Supplement to the Executive Order to: 1) require, upon request of the City, that schools displaced by the Regional Fires that are operating or expanding as a temporary use in the City to submit a Parking and Loading Operations Plan for review and approval by the Director of the Community Development Department; 2) provide discounted rates City’s Downtown parking structures for schools displaced by the Regional Fires that are operating or expanding in the City’s Downtown for the remainder of the Spring 2025 semester; and 3) allow modifications to regulations for Temporary Preferential parking permits or 30 day Overnight Beach Residents & Guests permits to expire as of April 30, 2025. (Attachment H).

On April 29, 2025, the City Manager issued Fifth Supplement to the Executive Order, which, consistent with Council direction given on March 22, 2025, extended the provisions of Section 5 of the Second Supplement to the Executive Order suspend certain provisions of Santa Monica Municipal Code 9.31.280, Restaurants, LimitedService and Take-Out Only, and 9.31.290, Restaurants with Entertainment, and specific alcohol-related standards and conditions of approval established pursuant to any Alcohol Determination, Alcohol Exemption, or Conditional Use Permit entitlements to allow for additional flexibility in alcohol sales and service through June 30, 2025. (Attachment I.)
On June 26, 2025, the City Manager issued a Sixth Supplement to the Executive Order, to: 1) allow Child Care and Early Education Facilities displaced by the Regional Fires to operate within the City’s nonresidential zones as a permitted use in existing buildings that were previously used as Child Care and Early Education Facilities; and 2) extend the provisions of Section 5 of the Second Supplement to the Executive Order suspend

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certain provisions of Santa Monica Municipal Code 9.31.280, Restaurants, LimitedService and Take-Out Only, and 9.31.290, Restaurants with Entertainment, and specific alcohol-related standards and conditions of approval established pursuant to any Alcohol Determination, Alcohol Exemption, or Conditional Use Permit entitlements to allow for additional flexibility in alcohol sales and service through August 31, 2025. (Attachment J.)
On August 28, 2025, the City Manager issued a Seventh Supplement to the Executive Order to: 1) authorize the Director of the Community Development Department, or designee, to issue Temporary Use Permits for temporary uses that are supportive of economic recovery or to support businesses that were operating within Los Angeles County but displaced by the Regional Fires, which the Director has determined will be compatible with the purposes of the district and surrounding land uses; and 2) extend the provisions of Section 5 of the Second Supplement to the Executive Order suspend certain provisions of Santa Monica Municipal Code 9.31.280, Restaurants, LimitedService and Take-Out Only, and 9.31.290, Restaurants with Entertainment, and specific alcohol-related standards and conditions of approval established pursuant to any Alcohol Determination, Alcohol Exemption, or Conditional Use Permit entitlements to allow for additional flexibility in alcohol sales and service through October 31, 2025. (Attachment K.)
After an initial higher volume of requests for Tier 1 priority due to impacts from the regional fires on the City's Below Market Housing waitlist and the Santa Monica Housing Authority’s waitlist, requests have dropped significantly in recent months, with only one request for Tier 1 priority submitted to the Housing Division from October 1 through October 22, 2025, evidencing demand for the preference has largely subsided. Further, the 6-month period of Tier 1 priority on the Below Market Housing waitlist and the Santa Monica Housing Authority’s waitlist that was granted under the Second Revised Executive Order to eligible persons impacted by the Regional Fires has expired for initial persons that were awarded the priority and will expire soon for others, and as the Emergency Housing Voucher (EHV) program sunsets and federal funding winds down, it is vital for the Housing Authority to focus its limited voucher program staff capacity on maintaining housing stability for current voucher program participants, particularly those

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transitioning from the EHV program into the Section 8 Housing Choice Voucher program to prevent displacement and homelessness.

On October 23, 2025, the Executive Director of Emergency Services issued an Eighth Supplement to the Second Revised Executive Order to: 1) allow for and confirm the expiration of the provisions of Section 4 of the Second Revised Executive Order, as amended by the First Supplement, granting priority on the Below Market Housing waitlist and the Santa Monica Housing Authority’s waitlist to eligible persons impacted by the Regional Fires; and 2) extend the provisions of Section 5 of the Second Supplement to the Executive Order suspend certain provisions of Santa Monica Municipal Code 9.31.280, Restaurants, Limited-Service and Take-Out Only, and

9.31.290, Restaurants with Entertainment, and specific alcohol-related standards and conditions of approval established pursuant to any Alcohol Determination, Alcohol Exemption, or Conditional Use Permit entitlements to allow for additional flexibility in alcohol sales and service through December 31, 2025. (Attachment L) The emergency proclamation and its supplements were issued by the City Manager as the Director of Emergency Operations, under authority of Santa Monica Municipal Code

2.16.060. These orders must be ratified by the City Council as soon as practicable to remain in effect. Council previously approved Resolution Number 11639 (CCS) on January 10, 2025, ratifying the Executive Order and Revised Executive Order; Resolution Number 11645 (CCS) on February 25, 2025, re-ratifying the Executive Order and Revised Executive Order and ratifying the Second Revised Executive Order and the First Supplement to the Executive Order; Resolution Number 11659 (CCS) on April 22, 2025, re-ratifying the Executive Order, the First and Second Revised Executive Order, and the First Supplement to the Executive Order, and ratifying the Second, Third, and Fourth Supplements; Resolution Number 11668 (CCS) on June 10, 2025, reratifying the Executive Order, the First and Second Revised Executive Order, and the First, Second, Third and Fourth Supplements to the Executive Order, and ratifying the Fifth Supplement to the Executive Order; Resolution Number 11685 (CCS) on July 29, 2025, re-ratifying the Executive Order, the First and Second Revised Executive Order, and the First, Second, Third, Fourth and Fifth Supplements to the Executive Order, and ratifying the Sixth Supplement to the Executive Order; on September 9, 2025, the City

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Council adopted Resolution Number 11696 (CCS), re-ratifying the Executive Order, the First and Second Revised Executive Order, and the First, Second, Third, Fourth, Fifth and Sixth Supplements to the Executive Order, and ratifying the Seventh Supplement to the Executive Order; and on October 28, 2025, the City Council adopted Resolution Number 11713 (CCS), re-ratifying the Executive Order, the First and Second Revised Executive Order, and the First, Second, Third, Fourth, Fifth, Sixth and Seventh Supplements to the Executive Order, and ratifying the Eighth Supplement to the Executive Order.

Staff now recommends that Council adopt the attached resolution re-ratifying the Executive Order, the First and Second Revised Executive Order, and the First, Second, Third, Fourth, Fifth, Sixth, Seventh, and Eighth Supplements to the Executive Order issued by the Director of Emergency Services declaring the existence of a local emergency in the City of Santa Monica and authorizing specified actions in response to that local emergency.

Environmental Review
The action taken by the City Council is exempt from the California Environmental Quality Act (CEQA) pursuant to Section 15061(b)(3) (Common Sense Exemption) of the CEQA Guidelines, which states that CEQA does not apply, “where it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment”, Section 15268 (Ministerial Projects) CEQA Guidelines, and Section 15301 (Existing Facilities) of the CEQA Guidelines. The measures taken are, among other things, administrative; ministerial; involving the operation, repair, maintenance, permitting, leasing, licensing, or minor alteration of existing public or private structures, facilities, mechanical equipment, or topographical features, involving negligible or no expansion of existing or former use; or are emergency and temporary in nature. Therefore, it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment.

Fiscal Impacts
None.

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Prepared By: Heidi Von Tongeln, Interim City Attorney
Approved Forwarded to Council
Attachments:

A. A-Resolution Ratification of Emergency Proclamation and Supplement (Regional Fires)
B. B-Executive Order Local Emergency January 8, 2025
C. C-Revised Executive Order Local Emergency January 10, 2025 D. D-Second Revised Executive Order Local Emergency January 14, 2025 E. E-First Supplement to Executive Order Local Emergency January 31, 2025 F. F-Second Supplement to Executive Order Local Emergency March 19, 2025 G. G-Third Supplement to Executive Order Local Emergency March 28, 2025 H. H-Fourth Supplement Executive Order Local Emergency April 16, 2025 I. I-Fifth Supplement Executive Order Local Emergency April 29, 2025 J. J-Sixth Supplement Executive Order Local Emergency June 26, 2025 K. K-Seventh Supplement Executive Order Local Emergency August 28, 2025 L. L-Eighth Supplement Executive Order Local Emergency October 23, 2025

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1 City Council Meeting: December 16, 2025 Santa Monica, California RESOLUTION NUMBER _________ (CCS)
(City Council Series)

AN EMERGENCY RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF SANTA MONICA PURSUANT TO CHAPTER 2.16 OF THE SANTA

MONICA MUNICIPAL CODE RATIFYING THE PROCLAMATION OF EXISTENCE OF

LOCAL EMERGENCY AND SUPPLEMENTAL PROCLAMATIONS THERETO
WHEREAS, a life-threatening, destructive, widespread windstorm and extreme fire weather system commenced on Tuesday, January 7, 2025, impacting the Los Angeles metropolitan area, including the City of Santa Monica and the County and City of Los Angeles, and threatening life and safety, public and private property and structures, and other critical infrastructure; and
WHEREAS, the National Weather Service advised that damaging N/NE gusts of 50-80 mph, as well as isolated 80-100 mph gusts in the mountains and foothills, were expected across most of Los Angeles metropolitan area; and WHEREAS, commencing on January 7, 2025, the Palisades Fire and other major fires, including, but not limited to, the Eaton Fire located primarily in Altadena (Regional Fires) ignited in Los Angeles County, burning well over 40,000 acres; and WHEREAS, high winds, low humidity, and dry conditions increased the intensity and spread of the Regional Fires, causing imminent threats to life with Red Flag warnings in effect in Los Angeles and Ventura Counties and widespread dangerous windstorm conditions with damaging wind gusts of 50 to 80 mph were forecasted; and

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Packet Pg. 367 Attachment: A-Resolution Ratification of Emergency Proclamation and Supplement (Regional Fires) (7227 : Fire Emergency Order Extension) 2 WHEREAS, the Regional Fires and windstorm conditions threatened structures, homes, and critical infrastructure, including power lines and water tanks, prompted evacuation orders and warnings, and impacted the access route to the Regional Fires communities; and
WHEREAS, along with the windstorm, the Regional Fires spread across more than 40,000 acres, damaging or destroying structures and prompting evacuation orders and road closures, and continued to threaten structures, homes, and critical infrastructure over multiple days; and
WHEREAS, the National Weather Service issued a rare Particularly Dangerous Situation (PDS) Red Flag warning for 19 million people in the Los Angeles metropolitan area, which means there is a high risk of extreme fire behavior and very rapid growth due to dangerously high winds, low humidity, and extremely dry vegetation; and WHEREAS, this weather system caused extreme conditions such as power outages, damage to power poles, fallen trees, and extreme fire behavior, impacting significant transportation arteries, requiring long-term repair and threatening the integrity of the critical infrastructure; and
WHEREAS, based upon the above events, by reason of its magnitude, and the need to protect the health, safety, and welfare of the residents and property of the City of Santa Monica, and aid in the assistance of those affected by the Regional Fires, these events created conditions likely to become beyond the control of the normal services, personnel, equipment, and facilities of the regularly constituted branches and departments of the City Government, and that such emergency conditions require the

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Packet Pg. 368 Attachment: A-Resolution Ratification of Emergency Proclamation and Supplement (Regional Fires) (7227 : Fire Emergency Order Extension) 3 mobilization of mutual aid resources and the ability to coordinate a multiagency response; and
WHEREAS, on January 7, 2025, as a result of the widespread windstorm and extreme fire weather, the Los Angeles County Board of Supervisors proclaimed a Local Emergency in the County of Los Angeles; and
WHEREAS, on January 7, 2025, the Mayor of the City of Los Angeles declared the existence of a Local Emergency throughout the City of Los Angeles to take such steps that are necessary for the protection of life and property; and WHEREAS, on January 7, 2025, the Governor of the State of California declared a state of emergency to make additional resources available; and WHEREAS, the City of Santa Monica (the City) has a population of over 90,000 residents, is a major tourist destination, has two major hospitals and an airport within its jurisdiction, is a significant destination for business travel, and is adjacent to and contiguous on three sides with the City of Los Angeles, resulting in high volumes of residents and visitors traveling within and across the City’s borders; and WHEREAS, on January 7, 2025, the City activated its Emergency Operations Center to support ongoing emergency actions in response to the spread of the Regional Fires; and
WHEREAS, the City intends to continue to take bold and aggressive actions to protect the public health and safety during this local and state emergency; and WHEREAS, the above-described events created conditions of extreme peril and such conditions are likely to be beyond the control of the services, personnel, equipment,

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Packet Pg. 369 Attachment: A-Resolution Ratification of Emergency Proclamation and Supplement (Regional Fires) (7227 : Fire Emergency Order Extension) 4 and facilities of the City, requiring the combined forces of other political subdivisions to combat; and
WHEREAS, the Regional Fires have displaced many thousands of residents who are in need of temporary housing; and
WHEREAS, on January 8, 2025, the City Manager, in his role as the Director of Emergency Services, (“Executive Director of Emergency Services”) issued an Executive Order of the Director of Emergency Services of the City of Santa Monica Declaring the Existence of a Local Emergency (“Executive Order”) declaring a local emergency pursuant to Chapter 2.16 of the Santa Monica Municipal Code to ensure the availability an effective response to the Regional Fires; and
WHEREAS, pursuant to the Executive Order, the Executive Director of Emergency Services further: 1) relaxed permitting requirements for schools and child care and early education facilities that were displaced; 2) suspended preferential parking rules and enforcement of Santa Monica Municipal Code Chapters 6.20, Home-Sharing and Vacation Rentals, and 6.22, Residential Leasing Regulations for persons who provide alternative accommodations to persons displaced; 3) triggered prohibitions on pricegouging under the Santa Monica Municipal Code and the California Penal Code; 4) prohibited landlords from evicting residential tenants based on the presence of unauthorized occupants or pets, if the occupant or pet has been displaced due to an evacuation order or poor air quality conditions; 5) imposed a curfew in all areas subject to a mandatory evacuation order; 6) suspended all previously-issued building permits for areas subject to mandatory evacuation orders and evacuation warnings; 7) triggered

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Packet Pg. 370 Attachment: A-Resolution Ratification of Emergency Proclamation and Supplement (Regional Fires) (7227 : Fire Emergency Order Extension) 5 emergency procurement and expenditure provisions under Chapter 2.16; and 8) permits bed and breakfasts and hotels and motels to allow stays beyond 30 days; and WHEREAS, on January 10, 2025, the Executive Director of Emergency Services issued a Revised Executive Order of the Director of Emergency Services of the City of Santa Monica Declaring the Existence of a Local Emergency (“Revised Executive Order”) restating the declaration of local emergency, and 1) prohibiting landscaping activities in areas subject to a Mandatory Evacuation Order; and 2) making other minor amendments and clarifications; and
WHEREAS, on January 10, 2025, at a Special Meeting of the City Council, the Council adopted Resolution Number 11639 (CCS) to: 1) ratify the Executive Order and Revised Executive Order; 2) proclaim a local emergency throughout the City; and 3) authorize the Executive Director of Emergency Services to take all actions related to the protection of life and property that are reasonably necessary to respond to the local emergency caused by the Regional Fires; and
WHEREAS, on January 10, 2025, the City Council further directed staff to supplement the Executive Order to: 1) relax permitting requirements for small businesses and nonprofit organizations that were operating in Los Angeles County and have been impacted by the Regional Fires: 2) prioritize any necessary permitting and inspections for displaced schools, early childhood education centers, small businesses and nonprofit organizations, and clarify that strict adherence to building codes shall not be required on this temporary basis unless the provision directly affects health and safety; 3) grant priority on the City’s below market housing waitlist to households displaced by the Regional Fires with minor children currently attending SMMUSD schools or that work in

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Packet Pg. 371 Attachment: A-Resolution Ratification of Emergency Proclamation and Supplement (Regional Fires) (7227 : Fire Emergency Order Extension) 6 the City at least 25 hours per week; 4) prohibit open flames during times of red flag warnings; and 5) make other minor clarifications and corrections; and WHEREAS, on January 14, 2025, the Executive Director of Emergency Services issued a Second Revised Executive Order of the Director of Emergency Services of the City of Santa Monica Declaring the Existence of a Local Emergency (“Second Revised Executive Order”) to implement Council direction; and
WHEREAS, as of January 30, 2025, the Regional Fires destroyed more than 17,000 structures; and
WHEREAS, on January 31, 2025, the Executive Director of Emergency Services issued a First Supplement to the Executive Order to: 1) authorize schools with existing Conditional Use Permits in residential zones to expand to accommodate students from other campuses operated by the existing school displaced by the Regional Fires; 2) waive license fees for outdoor dining areas, sidewalk dining, parklets, and pier deck extended dining for the month of February 2025; 3) authorize the Finance Department to grant hotels and motels a 30-day extension for payment of Transient Occupancy Taxes (TOT) and the Tourism Marketing District (TMD) Assessment due for December 2024; and 4) expanding criteria for Tier 1 priority on the City’s below market housing waitlist for incomequalifying households impacted by the Regional Fires; and WHEREAS, on February 25, 2025, the City Council adopted Resolution Number 11645 (CCS), ratifying the Executive Order, the Revised Executive Order, the Second Revised Executive Order, and the First Supplement to the Executive Order; and

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Packet Pg. 372 Attachment: A-Resolution Ratification of Emergency Proclamation and Supplement (Regional Fires) (7227 : Fire Emergency Order Extension) 7 WHEREAS, on February 25, the City Council further gave direction to phase out suspension of enforcement of Santa Monica Municipal Code Chapter 6.20, HomeSharing and Vacation Rentals, enforcement of Santa Monica Municipal Code 6.22.050,

6.22.060, and 6.22.070, Residential Leasing Regulations, and to clarify tenant protections for persons displaced that obtained housing during the suspension; and WHEREAS, on March 19, 2025, the Interim Executive Director of Emergency Services issued a Second Supplement to the Second Revised Executive Order to: 1) broaden the Order’s provisions to include schools and Child Care and Early Education Facilities that were expanding to accommodate students displaced by the Regional Fires; 2) terminate the portion of Section 3 of the Second Revised Emergency Order suspending enforcement of the provisions of the City’s Home-Sharing Ordinance as of April 18, 2025, and clarify that the resumption of enforcement does not require the eviction of any person occupying a rental unit pursuant to Section 3 of the Second Revised Emergency Order or terminate any tenant rights that any such person may have acquired; 3) expand the 30-day extension for payment of TOT and TMD to any request made on or before April 30, 2025; and 4) suspend certain provisions of Santa Monica Municipal Code 9.31.280, Restaurants, Limited-Service and Take-Out Only, and 9.31.290, Restaurants with Entertainment, and specific alcohol-related standards and conditions of approval established pursuant to any Alcohol Determination, Alcohol Exemption, or Conditional Use Permit entitlements to allow for additional flexibility in alcohol sales and service through April 30, 2025; and

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Packet Pg. 373 Attachment: A-Resolution Ratification of Emergency Proclamation and Supplement (Regional Fires) (7227 : Fire Emergency Order Extension) 8 WHEREAS, on March 28, 2025, on March 19, 2025, the Executive Director of Emergency Services issued a Third Supplement to the Second Revised Executive Order to discount license fees by 50% for outdoor dining areas, sidewalk dining, parklets, and pier deck extended dining; and
WHEREAS, on April 16, 2025, the Executive Director of Emergency Services issued a Fourth Supplement to the Second Revised Executive Order to: 1) require, upon request of the City, that schools displaced by the Regional Fires that are operating or expanding as a temporary use in the City to submit a Parking and Loading Operations Plan for review and approval by the Director of the Community Development Department; 2) provide discounted rates City’s Downtown parking structures for schools displaced by the Regional Fires that are operating or expanding in the City’s Downtown for the remainder of the Spring 2025 semester; and 3) allow modifications to regulations for Temporary Preferential parking permits or 30 day Overnight Beach Residents & Guests permits to expire as of April 30, 2025; and
WHEREAS, on April 22, 2025, the City Council adopted Resolution Number 11659 (CCS), re-ratifying the Executive Order, the First and Second Revised Executive Order, and the First Supplement to the Executive Order, and ratifying the Second, Third, and Fourth Supplements to the Executive Order; and
WHEREAS, on April 22, 2025, the Council provided further direction to extend the provisions of Section 5 of the Second Supplement to the Emergency Order, which suspended certain provisions of Santa Monica Municipal Code 9.31.280, Restaurants, Limited-Service and Take-Out Only, and 9.31.290, Restaurants with Entertainment, and specific alcohol-related standards and conditions of approval established pursuant to any

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Packet Pg. 374 Attachment: A-Resolution Ratification of Emergency Proclamation and Supplement (Regional Fires) (7227 : Fire Emergency Order Extension) 9 Alcohol Determination, Alcohol Exemption, or Conditional Use Permit entitlements to allow for additional flexibility in alcohol sales and service through April 30, 2025, for an additional 60 days; and
WHEREAS, on April 29, 2025, the Executive Director of Emergency Services issued a Fifth Supplement to the Second Revised Executive Order to implement Council direction from April 22 and extend the provisions of Section 5 to the Second Supplement through June 30, 2025; and
WHEREAS, on June 10, 2025, the City Council adopted Resolution Number 11668 (CCS), re-ratifying the Executive Order, the First and Second Revised Executive Order, and the First, Second, Third, and Fourth Supplements to the Executive Order, and ratifying the Fifth Supplement to the Executive Order; and WHEREAS, on June 26, 2025, the Executive Director of Emergency Services issued a Sixth Supplement to the Second Revised Executive Order to: 1) allow Child Care and Early Education Facilities displaced by the Regional Fires to operate within the City’s nonresidential zones as a permitted use in existing buildings that were previously used as Child Care and Early Education Facilities; and 2) extend the provisions of Section 5 of the Second Supplement to August 31, 2025; and
WHEREAS, on July 29, 2025, the City Council adopted Resolution Number 11685 (CCS), re-ratifying the Executive Order, the First and Second Revised Executive Order, and the First, Second, Third, Fourth, and Fifth Supplements to the Executive Order, and ratifying the Sixth Supplement to the Executive Order; and WHEREAS, on August 28, 2025, the Executive Director of Emergency Services issued a Seventh Supplement to the Second Revised Executive Order to: 1) authorize

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Packet Pg. 375 Attachment: A-Resolution Ratification of Emergency Proclamation and Supplement (Regional Fires) (7227 : Fire Emergency Order Extension) 10 the Director of the Community Development Department, or designee, to issue Temporary Use Permits for temporary uses that are supportive of economic recovery or to support businesses that were operating within Los Angeles County but displaced by the Regional Fires, which the Director has determined will be compatible with the purposes of the district and surrounding land uses; and 2) extend the provisions of Section 5 of the Second Supplement to October 31, 2025; and
WHEREAS, on September 9, 2025, the City Council adopted Resolution Number 11696 (CCS), re-ratifying the Executive Order, the First and Second Revised Executive Order, and the First, Second, Third, Fourth, Fifth and Sixth Supplements to the Executive Order, and ratifying the Seventh Supplement to the Executive Order; and WHEREAS, on October 23, 2025, the Executive Director of Emergency Services issued an Eighth Supplement to the Second Revised Executive Order to: 1) terminate the provisions of Section 4 of the Second Revised Executive Order, as amended by the First Supplement, granting Tier 1 priority on the Below Market Housing waitlist and the Santa Monica Housing Authority’s waitlist to eligible persons impacted by the Regional Fires for a period of 6 months; and 2) extend the provisions of Section 5 of the Second Supplement to December 31, 2025; and
WHEREAS, on October 28, 2025, the City Council adopted Resolution Number 11713 (CCS), re-ratifying the Executive Order, the First and Second Revised Executive Order, and the First, Second, Third, Fourth, Fifth, Sixth and Seventh Supplements to the Executive Order, and ratifying the Eighth Supplement to the Executive Order; and WHEREAS the findings included in each Executive Order referenced herein are included herein as if stated in full; and

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Packet Pg. 376 Attachment: A-Resolution Ratification of Emergency Proclamation and Supplement (Regional Fires) (7227 : Fire Emergency Order Extension) 11 WHEREAS, although the immediate fire danger has subsided, the City has continued to receive requests to accommodate individuals, schools, and businesses displaced by the Regional Fires; and
WHEREAS, local businesses have reported that they are still experiencing economic impacts from the Regional Fires and face resulting economic uncertainty; and WHEREAS, the City has continued to receive reports of excessive pricing for rental housing and consumers and renters remain susceptible to price gouging due to the Regional Fires; and
WHEREAS in the interest of public health and safety, as affected by the state, and local emergency caused by the Regional Fires, it is necessary to exercise the City Council’s authority pursuant to Section 2.16.060 of the Santa Monica Municipal Code to ratify the actions of the Executive Director of Emergency Services related to the protection of life and property.

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

SECTION 1. The Executive Order of the Director of Emergency Services Declaring the Existence of a Local Emergency (“Executive Order”) (“Exhibit A”) is hereby ratified.

SECTION 2. The Revised Executive Order of the Director of Emergency Services Declaring the Existence of a Local Emergency (“Exhibit B”) is hereby ratified.

SECTION 3. The Second Revised Executive Order of the Director of Emergency Services Declaring the Existence of a Local Emergency (“Exhibit C”) is hereby ratified.

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Packet Pg. 377 Attachment: A-Resolution Ratification of Emergency Proclamation and Supplement (Regional Fires) (7227 : Fire Emergency Order Extension) 12 SECTION 4. The First Supplement to the Executive Order of the Director of Emergency Services Declaring the Existence of a Local Emergency (“Exhibit D”) is hereby ratified.

SECTION 5. The Second Supplement to the Executive Order of the Director of Emergency Services Declaring the Existence of a Local Emergency (“Exhibit E”) is hereby ratified.

SECTION 6. The Third Supplement to the Executive Order of the Director of Emergency Services Declaring the Existence of a Local Emergency (“Exhibit F”) is hereby ratified.

SECTION 7. The Fourth Supplement to the Executive Order of the Director of Emergency Services Declaring the Existence of a Local Emergency (“Exhibit G”) is hereby ratified.

SECTION 8. The Fifth Supplement to the Executive Order of the Director of Emergency Services Declaring the Existence of a Local Emergency (“Exhibit H”) is hereby ratified.

SECTION 9. The Sixth Supplement to the Executive Order of the Director of Emergency Services Declaring the Existence of a Local Emergency (“Exhibit I”) is hereby ratified.

SECTION 10. The Seventh Supplement to the Executive Order of the Director of Emergency Services Declaring the Existence of a Local Emergency (“Exhibit J”) is hereby ratified.

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Packet Pg. 378 Attachment: A-Resolution Ratification of Emergency Proclamation and Supplement (Regional Fires) (7227 : Fire Emergency Order Extension) 13 SECTION 11. The Eighth Supplement to the Executive Order of the Director of Emergency Services Declaring the Existence of a Local Emergency (“Exhibit K”) is hereby ratified.

SECTION 12. It is hereby proclaimed that a local emergency now exists throughout the City. It is further proclaimed and ordered that during the existence of this local emergency the powers, functions, and duties of the Director of Emergency Services and the emergency organization of this City shall be those prescribed by State law and by the ordinances and resolutions of this City.

SECTION 13. The City Council authorizes the City Manager, in the Manager’s capacity as the Director of Emergency Services, to take all actions related to the protection of life and property that are reasonably necessary to respond to the local emergency caused by the Regional Fires.

SECTION 14. The local emergency shall be deemed to continue and exist until its termination is proclaimed by the City Council. As required by law, the City Council shall review the need to continue the state of emergency at least every 60 days until this resolution is terminated. Except as may be otherwise provided, the provisions of the Executive Order, Revised Executive Order, Second Revised Executive Order, First, Second, Third, Fourth, Fifth, Sixth, Seventh and Eighth Supplements to the Executive Order and any Supplement issued pursuant to the authority of the Director of Emergency Services pursuant to this resolution and the Municipal Code shall be in full force and effect as of their issuance and shall remain in full force and effect until the termination of the resolution by the City Council.

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Packet Pg. 379 Attachment: A-Resolution Ratification of Emergency Proclamation and Supplement (Regional Fires) (7227 : Fire Emergency Order Extension) 14 SECTION 15. If any section, subsection, sentence, clause, or phrase of this Resolution, the Executive Order, the Revised Executive Order, the Second Revised Executive Order, or the First, Second, Third, Fourth, Fifth, Sixth, Seventh and Eighth Supplements to the Executive Order ratified herein 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 Resolution, the Executive Order, the Revised Executive Order, the Second Revised Executive Order, or the First, Second, Third, Fourth, Fifth, Sixth, Seventh and Eighth Supplements to the Executive Order. The City Council hereby declares that it would have passed this Resolution, the Executive Order, the Revised Executive Order, the Second Revised Executive Order, or the First, Second, Third, Fourth, Fifth, Sixth, Seventh and Eighth Supplements to the Executive Order, 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 16. The City Clerk shall certify to the adoption of this Resolution, and thenceforth and thereafter the same shall be in full force and effect.

APPROVED AS TO FORM:
_________________________

HEIDI VON TONGELN
Interim City Attorney

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Packet Pg. 380 Attachment: A-Resolution Ratification of Emergency Proclamation and Supplement (Regional Fires) (7227 : Fire Emergency Order Extension) 1 PROCLAMATION OF EXISTENCE OF A LOCAL EMERGENCY
(by the Director of Emergency Services)

AN EXECUTIVE ORDER OF THE DIRECTOR OF EMERGENCY SERVICES

OF THE CITY OF SANTA MONICA DECLARING THE EXISTENCE OF A LOCAL

EMERGENCY
WHEREAS, Section 2.16.060 of the Santa Monica Municipal Code empowers the Director of Emergency Services to proclaim the existence or threatened existence of a local emergency when the City of Santa Monica is affected or likely to be affected by a public calamity and the City Council is not in session, subject to ratification by the City Council within seven days; and
WHEREAS, the Director of Emergency Services of the City of Santa Monica does hereby find:

That, a life-threatening, destructive, widespread windstorm and extreme fire weather system commenced on Tuesday, January 7, 2025, and is expected at least through Thursday, January 9, 2025, and possibly extending indefinitely, impacting the Los Angeles metropolitan area, including the City of Santa Monica, County and City of Los Angeles, and threatening life and safety, public and private property and structures, and other critical infrastructure; and
That the National Weather Service has advised that damaging N/NE gusts of 50- 80 mph, as well as isolated 80-100 mph in the mountains and foothills, are expected across most of Los Angeles metropolitan area; and
That on January 7, 2025, the Palisades Fire ignited in Los Angeles County, burning over 15,800 acres as of the time this Proclamation is issued; and

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Packet Pg. 381 Attachment: B-Executive Order Local Emergency January 8, 2025 (7227 : Fire Emergency Order Extension) 2 That high winds, low humidity, and dry conditions have increased the intensity and spread of the Palisades Fire, causing imminent threat to life with Red Flag warnings in effect in Los Angeles and Ventura Counties and widespread dangerous windstorm conditions with damaging wind gusts of 50 to 80 mph forecasted; and That the Palisades Fire and windstorm conditions threaten structures, homes, and critical infrastructure, including power lines and water tanks, and have prompted evacuation orders and warnings and impacted the access route to the Palisades Highlands community; and
That, along with the windstorm, the Palisades Fire has already spread across 15,800 acres damaging or destroying structures and prompting evacuation orders and road closures and continue to threaten structures, homes and critical infrastructure; and That, the National Weather Service issued a rare Particularly Dangerous Situation (PDS) Red Flag warning for 19 million people in the Los Angeles metropolitan area, which means there is a high risk of extreme fire behavior and very rapid growth due to dangerously high winds, low humidity and extremely dry vegetation; and That, this weather system has caused, or is substantially likely to cause, extreme conditions such as power outages, damage to power poles, fallen trees, and extreme fire behavior, impacting significant transportation arteries, requiring long-term repair and threatening the integrity of the critical infrastructure; and That, based upon the above events, by reason of its magnitude, and the need to protect the health, safety and welfare of the residents and property of the City of Santa Monica, and aid in the assistance of those affected by the Palisade there exists the potential that these events are likely to become beyond the control of the normal services, personnel, equipment and facilities of the regularly constituted branches and departments of the City Government, and that such emergency conditions require the mobilization of mutual aid resources and the ability to coordinate a multiagency response.

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Packet Pg. 382 Attachment: B-Executive Order Local Emergency January 8, 2025 (7227 : Fire Emergency Order Extension) 3 That on January 7, 2025, as a result of the widespread windstorm and extreme fire weather, the Los Angeles County Board of Supervisors proclaimed a Local Emergency in the County of Los Angeles; and
That, on January 7, 2025, the Mayor of the City of Los Angeles declared the existence of a Local Emergency throughout the City of Los Angeles to take such steps that are necessary for the protection of life and property That, on January 7, 2025, the Governor of the State of California declared a state of emergency to make additional resources available; and That 90,000
residents, is a major tourist destination, has two major hospitals and an airport within its jurisdiction, is a significant destination for business travel, and is adjacent to and contiguous on three sides with the City of Los Angeles, resulting in high volumes of and
That, in consultation with the Chief of Police, it has been determined that in light of the continued threat of theft and looting in areas subject to mandatory evacuation orders, the safety of the public, and public and private property, within the City of Santa Monica, requires the imposition of a curfew within evacuated areas of the City of Santa Monica; and
That California Government Code 8634 empowers the City to promulgate orders and regulations necessary to provide for the protection of life and property during a local emergency, including orders or regulations imposing a curfew within designated boundaries where necessary to preserve the public order and safety; and That, in the interest of public order and safety, as affected by this emergency, it is necessary to exercise my authority pursuant to Section 2.16.060 of the Santa Monica Municipal Code to issue this order imposing a curfew related to the protection of life and property in certain areas of the City; and

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Packet Pg. 383 Attachment: B-Executive Order Local Emergency January 8, 2025 (7227 : Fire Emergency Order Extension) 4 That, on January 7, 2025, the City activated its Emergency Operations Center to support ongoing emergency actions in response to the spread of the Palisades Fire; and That the City intends to continue to take bold and aggressive actions to protect the public health and safety during this local and state emergency; and That the above described events are creating conditions of extreme peril and such conditions are likely to be beyond the control of the services, personnel, equipment, and facilities of the City, requiring the combined forces of other political subdivisions to combat; and
That the City Council of the City of Santa Monica is not in session and cannot immediately be called into session.

NOW, THEREFORE, IT IS HEREBY PROCLAIMED and restated that a local emergency and now exists throughout the City;
IT IS FURTHER PROCLAIMED AND ORDERED that during the existence of said local emergency, the powers, functions, and duties of the emergency organization of the City shall be as prescribed by federal and state law, and by City ordinances and resolutions of this City.

IT IS FURTHER PROCLAIMED AND ORDERED THAT:

1. Schools, as that term is defined by Santa Monica Municipal Code Section

9.51.030(A)(11), and Child Care and Early Education Facilities, as that term is defined by Santa Monica Municipal Code Section 9.51.030(A)(3) that were displaced by the Palisades Fire may operate within the City non-residential zones on a temporary basis without first obtaining a Conditional Use Permit.

2. Preferential parking rules are hereby suspended for residents that provide accommodations to persons displaced by the Palisades Fire.

3. Enforcement of the provisions of Santa Monica Municipal Code Chapters

6.20, Home-Sharing and Vacation Rentals, and 6.22, Residential Leasing Regulations,

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Packet Pg. 384 Attachment: B-Executive Order Local Emergency January 8, 2025 (7227 : Fire Emergency Order Extension) 5 as against persons who provide alternative accommodations within the City of Santa Monica to persons displaced by the Palisades Fire only, is suspended.

4. The prohibitions on price gouging for goods and services set forth in Penal Code Section 396 and Santa Monica Municipal Code Section 4.36.161, including but not limited consumer goods, emergency cleanup supplies, and repair and reconstruction services, and for housing costs, including hotel and motel rates and rental housing prices, are hereby triggered by this proclamation and shall remain in effect for the time periods set forth in Penal Code Section 396 and Santa Monica Municipal Code Section 4.36.161;

5. During the period of the local emergency, no landlord shall endeavor to evict a residential tenant, including serving a notice to terminate tenancy based on the presence of unauthorized occupants or pets, if the occupant or pet has been displaced due to a Palisades Fire evacuation order or warning or poor air quality conditions related to the Palisades Fire.

6. A curfew is hereby imposed in the City of Santa Monica in all areas subject to mandatory evacuation order. Pursuant to the curfew, no persons shall be upon the public streets, avenues, alleys, parks, ways, or any other public place or upon unimproved private real property in the specified areas of the City of Santa Monica between the hours between sunset and sunrise, for so long at the mandatory evacuation order is effective.

The City shall take all reasonable measures to provide notice to the public of the existence and terms of this curfew order.
a. The law enforcement personnel of this City along with other law enforcement authorities cooperating with the City are hereby authorized and charged to the extent provided by law with the responsibility of enforcing this curfew, and are further authorized to arrest any such person as does not obey this curfew after due notice, oral or written, has been given to that person.

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Packet Pg. 385 Attachment: B-Executive Order Local Emergency January 8, 2025 (7227 : Fire Emergency Order Extension) 6 b. A violation of the curfew shall be punishable as a misdemeanor pursuant to Section 2.16.100(2) of the Santa Monica Municipal Code. c. The curfew shall also be enforceable through the issuance of administrative citations in accordance with Chapter 1.09 of the Santa Monica Municipal Code. Pursuant to Section 1.09.040 of the Santa Monica Municipal Code, the amount of the fine for a violation of the curfew shall be up to a maximum of $1,000 per violation. Administrative citation may be issued by and City Officer or employee granted authority to issue written notices to appear pursuant to Santa Monica Municipal Code Section 3.36.090.
d. Law enforcement personnel, firefighting personnel, emergency health care providers, civilians engaged in police or emergency work, individuals traveling to and from work, individuals traveling to and from medical appointments or to seek medical care, and representatives of the media are exempt from this Order.

7. All previously-issued building permits for areas subject to mandatory Evacuation Orders or an Evacuation Warning are suspended. The time to complete work under such previously-issued building permits shall be tolled during the period of suspension under this paragraph.
a. Violations of this seventh paragraph shall be enforceable by the Santa Monica Police Department and any City Officer or employee granted authority to issue written notices to appear pursuant to Santa Monica Municipal Code Section 3.36.090 as misdemeanors pursuant to Government Code Section 8665 and Santa Monica Municipal Code Section 2.16.100, or through the issuance of administrative citations in accordance with Chapter 1.09 of the Santa Monica Municipal Code.

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Packet Pg. 386 Attachment: B-Executive Order Local Emergency January 8, 2025 (7227 : Fire Emergency Order Extension) 7 b. Pursuant to Section 1.09.040 of the Santa Monica Municipal Code, the amount of the fine for a violation of any provision of this seventh paragraph, the amount of the fine for a violation of the curfew shall be up to a maximum of $1,000 per violation. Violations of this provision may result in suspension or revocation of any building permit previously issued.
c. Each day or portion of a day that any person violates or continues to violate this seventh paragraph constitutes a separate violation and may be charged and punished separately.

8. In accordance with Santa Monica Municipal Code Section 2.24.240, Procurement for Emergency Needs, the City Manager, the Emergency Services Manager, the Purchasing Agent, or designees delegated in accordance with Section

2.24.240(b) may:
a. Shorten or waive all required notice periods and competitive solicitation procedures set forth in this Chapter;
b. Secure in the open market at the best reasonable price, contracts for public works projects, goods and services;
c. Negotiate or execute such contracts, agreements, applications or other documents with such other federal, state or local agencies or other groups and organizations as are necessary to provide or obtain emergency aid, assistance or services to the City of Santa Monica; and
d. Contract for the immediate expenditure of public funds to safeguard life, health or property.

9. In accordance with Santa Monica Municipal Code Section 2.16.090, any expenditures made in connection with the emergency activities under this Proclamation, including mutual aid activities, shall be deemed conclusively to be for the direct protection and benefit of the inhabitants and property of the City of Santa Monica.

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Packet Pg. 387 Attachment: B-Executive Order Local Emergency January 8, 2025 (7227 : Fire Emergency Order Extension) 8 10. Bed and Breakfasts, as that term is defined by Santa Monica Municipal Code Section 9.51.030(B)(15)(a), and hotels and motels, as that term is defined by Santa Monica Municipal Code Section 9.51.030(B)(15)(b), may allow hotel stays beyond 30 days.

ADOPTED this 8th day of January 2025.

ATTEST:
______________________ By: ______________________

NIKIMA NEWSOME
City Clerk

DAVID WHITE
City Manager
Director of Emergency Services
This proclamation has been issued in accordance with applicable law and is in effect and carries the force of law until January 15, 2025, on which date it expires unless confirmed and ratified by the City Council.

APPROVED AS TO FORM:
______________________

DOUGLAS SLOAN
City Attorney

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Packet Pg. 388 Attachment: B-Executive Order Local Emergency January 8, 2025 (7227 : Fire Emergency Order Extension) 1 REVISED PROCLAMATION OF EXISTENCE OF A LOCAL EMERGENCY (by the Director of Emergency Services and ratified
by the City Council on January 10, 2025)

AN EXECUTIVE ORDER OF THE DIRECTOR OF EMERGENCY SERVICES

OF THE CITY OF SANTA MONICA DECLARING THE EXISTENCE OF A LOCAL

EMERGENCY
WHEREAS, Section 2.16.060 of the Santa Monica Municipal Code empowers the Director of Emergency Services to proclaim the existence or threatened existence of a local emergency when the City of Santa Monica is affected or likely to be affected by a public calamity and the City Council is not in session, subject to ratification by the City Council within seven days; and
WHEREAS, the Director of Emergency Services of the City of Santa Monica does hereby find:

That, a life-threatening, destructive, widespread windstorm and extreme fire weather system commenced on Tuesday, January 7, 2025, and is expected at least through Thursday, January 9, 2025, and possibly extending indefinitely, impacting the Los Angeles metropolitan area, including the City of Santa Monica, County and City of Los Angeles, and threatening life and safety, public and private property and structures, and other critical infrastructure; and

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Packet Pg. 389 Attachment: C-Revised Executive Order Local Emergency January 10, 2025 (7227 : Fire Emergency Order Extension) 2 That the National Weather Service has advised that damaging N/NE gusts of 50- 80 mph, as well as isolated 80-100 mph in the mountains and foothills, are expected across most of Los Angeles metropolitan area; and
That on January 7, 2025, the Palisades Fire ignited in Los Angeles County, burning over 15,800 20,000 acres as of the time this Proclamation is issued; and That high winds, low humidity, and dry conditions have increased the intensity and spread of the Palisades Fire, causing imminent threat to life with Red Flag warnings in effect in Los Angeles and Ventura Counties and widespread dangerous windstorm conditions with damaging wind gusts of 50 to 80 mph forecasted; and That the Palisades Fire and windstorm conditions threaten structures, homes, and critical infrastructure, including power lines and water tanks, and have prompted evacuation orders and warnings and impacted the access route to the Palisades Highlands community; and
That, along with the windstorm, the Palisades Fire has already spread across 15,800 more than 20,000 acres damaging or destroying structures and prompting evacuation orders and road closures and continue to threaten structures, homes and critical infrastructure; and
That, the National Weather Service issued a rare Particularly Dangerous Situation (PDS) Red Flag warning for 19 million people in the Los Angeles metropolitan area, which means there is a high risk of extreme fire behavior and very rapid growth due to dangerously high winds, low humidity and extremely dry vegetation; and That, this weather system has caused, or is substantially likely to cause, extreme conditions such as power outages, damage to power poles, fallen trees, and extreme fire

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Packet Pg. 390 Attachment: C-Revised Executive Order Local Emergency January 10, 2025 (7227 : Fire Emergency Order Extension) 3 behavior, impacting significant transportation arteries, requiring long-term repair and threatening the integrity of the critical infrastructure; and That, based upon the above events, by reason of its magnitude, and the need to protect the health, safety and welfare of the residents and property of the City of Santa Monica, and aid in the assistance of those affected by the Palisade there exists the potential that these events are likely to become beyond the control of the normal services, personnel, equipment and facilities of the regularly constituted branches and departments of the City Government, and that such emergency conditions require the mobilization of mutual aid resources and the ability to coordinate a multiagency response.

That on January 7, 2025, as a result of the widespread windstorm and extreme fire weather, the Los Angeles County Board of Supervisors proclaimed a Local Emergency in the County of Los Angeles; and
That, on January 7, 2025, the Mayor of the City of Los Angeles declared the existence of a Local Emergency throughout the City of Los Angeles to take such steps that are necessary for the protection of life and property That, on January 7, 2025, the Governor of the State of California declared a state of emergency to make additional resources available; and That 90,000
residents, is a major tourist destination, has two major hospitals and an airport within its jurisdiction, is a significant destination for business travel, and is adjacent to and contiguous on three sides with the City of Los Angeles, resulting in high volumes of residents and visitors traveling within a and

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Packet Pg. 391 Attachment: C-Revised Executive Order Local Emergency January 10, 2025 (7227 : Fire Emergency Order Extension) 4 That, in consultation with the Chief of Police, it has been determined that in light of the continued threat of theft and looting in areas subject to mandatory evacuation orders, the safety of the public, and public and private property, within the City of Santa Monica, requires the imposition of a curfew within evacuated areas of the City of Santa Monica; and
That California Government Code 8634 empowers the City to promulgate orders and regulations necessary to provide for the protection of life and property during a local emergency, including orders or regulations imposing a curfew within designated boundaries where necessary to preserve the public order and safety; and That, in the interest of public order and safety, as affected by this emergency, it is necessary to exercise my authority pursuant to Section 2.16.060 of the Santa Monica Municipal Code to issue this order imposing a curfew related to the protection of life and property in certain areas of the City; and
That, on January 7, 2025, the City activated its Emergency Operations Center to support ongoing emergency actions in response to the spread of the Palisades Fire; and That the City intends to continue to take bold and aggressive actions to protect the public health and safety during this local and state emergency; and That the above described events are creating conditions of extreme peril and such conditions are likely to be beyond the control of the services, personnel, equipment, and facilities of the City, requiring the combined forces of other political subdivisions to combat; and
That the Palisades Fire has already displaced thousands of residents who are in need of temporary housing; and

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Packet Pg. 392 Attachment: C-Revised Executive Order Local Emergency January 10, 2025 (7227 : Fire Emergency Order Extension) 5 -sharing and residential leases as set
forth in Santa Monica Municipal Code Chapters 6.20 and 6.22, and prohibition against stays of longer than 30 days in bed and breakfasts and hotels may impede the ability of residents, landlords and local businesses to house those displaced by the Palisades Fire; and
That tenants who wish to accommodate persons displaced by the Palisades Fire on a temporary basis may be restricted from doing so by lease terms limiting the number of occupants or pets in a residential unit; and
That in areas subject to Mandatory Evacuation Orders and Evacuation Warnings, the risk of fires being started by construction, and in areas subject to Mandatory Evacuation Orders, the risk of fires being started by landscaping activity is unreasonably high and could stretch already limited resources beyond their capacity; and That the City Council of the City of Santa Monica is not in session and cannot immediately be called into session.

NOW, THEREFORE, IT IS HEREBY PROCLAIMED and restated that a local emergency and now exists throughout the City;
IT IS FURTHER PROCLAIMED AND ORDERED that during the existence of said local emergency, the powers, functions, and duties of the emergency organization of the City shall be as prescribed by federal and state law, and by City ordinances and resolutions of this City.

IT IS FURTHER PROCLAIMED AND ORDERED THAT:

1. Schools, as that term is defined by Santa Monica Municipal Code Section

9.51.030(A)(11), and Child Care and Early Education Facilities, as that term is defined by

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Packet Pg. 393 Attachment: C-Revised Executive Order Local Emergency January 10, 2025 (7227 : Fire Emergency Order Extension) 6 Santa Monica Municipal Code Section 9.51.030(A)(3) that were displaced by the Palisades Fire may operate within the City non-residential zones on a temporary basis without first obtaining a Conditional Use Permit.

2. Preferential parking rules are hereby suspended for residents that provide accommodations to persons displaced by the Palisades Fire.

3. Enforcement of the provisions of Santa Monica Municipal Code Chapters

6.20, Home-Sharing and Vacation Rentals, and 6.22, Residential Leasing Regulations, as against persons who provide alternative accommodations within the City of Santa Monica to persons displaced by the Palisades Fire only, is suspended.

4. The prohibitions on price gouging for goods and services set forth in Penal Code Section 396 and Santa Monica Municipal Code Section 4.36.161 4.32.161, including but not limited consumer goods, emergency cleanup supplies, and repair and reconstruction services, and for housing costs, including hotel and motel rates and rental housing prices, are hereby triggered by this proclamation and shall remain in effect for the time periods set forth in Penal Code Section 396 and Santa Monica Municipal Code Section 4.36.161 4.32.161;

5. During the period of the local emergency, no landlord shall endeavor to evict a residential tenant, including but not limited to serving or filing a notice to terminate tenancy or unlawful detainer complaint, based on the presence of unauthorized occupants or pets, if the occupant or pet has been displaced due to a Palisades Fire evacuation order or warning or poor air quality conditions related to the Palisades Fire.

6. A curfew is hereby imposed in the City of Santa Monica in all areas subject to mandatory evacuation order. Pursuant to the curfew, no persons shall be upon the

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Packet Pg. 394 Attachment: C-Revised Executive Order Local Emergency January 10, 2025 (7227 : Fire Emergency Order Extension) 7 public streets, avenues, alleys, parks, ways, or any other public place or upon unimproved private real property in the specified areas of the City of Santa Monica between the hours between sunset and sunrise, for so long at the mandatory evacuation order is effective.

The City shall take all reasonable measures to provide notice to the public of the existence and terms of this curfew order.
a. The law enforcement personnel of this City along with other law enforcement authorities cooperating with the City are hereby authorized and charged to the extent provided by law with the responsibility of enforcing this curfew, and are further authorized to arrest any such person as does not obey this curfew after due notice, oral or written, has been given to that person. b. A violation of the curfew shall be punishable as a misdemeanor pursuant to Section 2.16.100(2) of the Santa Monica Municipal Code. c. The curfew shall also be enforceable through the issuance of administrative citations in accordance with Chapter 1.09 of the Santa Monica Municipal Code. Pursuant to Section 1.09.040 of the Santa Monica Municipal Code, the amount of the fine for a violation of the curfew shall be up to a maximum of $1,000 per violation. Administrative citation may be issued by and City Officer or employee granted authority to issue written notices to appear pursuant to Santa Monica Municipal Code Section 3.36.090.
d. Law enforcement personnel, firefighting personnel, emergency health care providers, civilians engaged in police or emergency work, individuals traveling to and from work, individuals traveling to and from medical appointments

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Packet Pg. 395 Attachment: C-Revised Executive Order Local Emergency January 10, 2025 (7227 : Fire Emergency Order Extension) 8 or to seek medical care, and representatives of the media are exempt from this Order.

7. To avoid sparks that could lead to additional sources of fires,: 1) All previously-issued building permits previously issued to persons other than the City are hereby suspended in for areas subject to mandatory Evacuation Orders or an Evacuation Warning are suspended.; and 2) all landscaping activities are hereby prohibited in areas subject to a Mandatory Evacuation Order. The time to complete work under such previously-issued building permits shall be tolled during the period of suspension under this paragraph.
a. Violations of this seventh paragraph shall be enforceable by the Santa Monica Police Department and any City Officer or employee granted authority to issue written notices to appear pursuant to Santa Monica Municipal Code Section 3.36.090 as misdemeanors pursuant to Government Code Section 8665 and Santa Monica Municipal Code Section 2.16.100, or through the issuance of administrative citations in accordance with Chapter 1.09 of the Santa Monica Municipal Code.
b. Pursuant to Section 1.09.040 of the Santa Monica Municipal Code, the amount of the fine for a violation of any provision of this seventh paragraph, the amount of the fine for a violation of the curfew shall be up to a maximum of $1,000 per violation. Violations of this provision may result in suspension or revocation of any building permit previously issued.

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Packet Pg. 396 Attachment: C-Revised Executive Order Local Emergency January 10, 2025 (7227 : Fire Emergency Order Extension) 9 c. Each day or portion of a day that any person violates or continues to violate this seventh paragraph constitutes a separate violation and may be charged and punished separately.

8. In accordance with Santa Monica Municipal Code Section 2.24.240, Procurement for Emergency Needs, the City Manager, the Emergency Services Manager, the Purchasing Agent, or designees delegated in accordance with Section

2.24.240(b) may:
a. Shorten or waive all required notice periods and competitive solicitation procedures set forth in this Chapter;
b. Secure in the open market at the best reasonable price, contracts for public works projects, goods and services;
c. Negotiate or execute such contracts, agreements, applications or other documents with such other federal, state or local agencies or other groups and organizations as are necessary to provide or obtain emergency aid, assistance or services to the City of Santa Monica; and
d. Contract for the immediate expenditure of public funds to safeguard life, health or property.

9. In accordance with Santa Monica Municipal Code Section 2.16.090, any expenditures made in connection with the emergency activities under this Proclamation, including mutual aid activities, shall be deemed conclusively to be for the direct protection and benefit of the inhabitants and property of the City of Santa Monica.

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Packet Pg. 397 Attachment: C-Revised Executive Order Local Emergency January 10, 2025 (7227 : Fire Emergency Order Extension) 10 10. Bed and Breakfasts, as that term is defined by Santa Monica Municipal Code Section 9.51.030(B)(15)(a), and hotels and motels, as that term is defined by Santa Monica Municipal Code Section 9.51.030(B)(15)(b), may allow hotel stays beyond 30 days.

ADOPTED this 10th day of January 2025.

ATTEST:
______________________ By: ______________________

NIKIMA NEWSOME
City Clerk

DAVID WHITE
City Manager
Director of Emergency Services
This proclamation has been issued in accordance with applicable law and is in effect and carries the force of law until January 15, 2025, on which date it expires unless confirmed and ratified by the City Council.

APPROVED AS TO FORM:
______________________

DOUGLAS SLOAN
City Attorney

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Packet Pg. 398 Attachment: C-Revised Executive Order Local Emergency January 10, 2025 (7227 : Fire Emergency Order Extension) 1 SECOND REVISED PROCLAMATION OF EXISTENCE OF A LOCAL EMERGENCY (by the Director of Emergency Services)

AN EXECUTIVE ORDER OF THE DIRECTOR OF EMERGENCY SERVICES

OF THE CITY OF SANTA MONICA DECLARING THE EXISTENCE OF A LOCAL

EMERGENCY
WHEREAS, Section 2.16.060 of the Santa Monica Municipal Code empowers the Director of Emergency Services to proclaim the existence or threatened existence of a local emergency when the City of Santa Monica is affected or likely to be affected by a public calamity; and
WHEREAS, the Director of Emergency Services of the City of Santa Monica does hereby find:

That, life-threatening, destructive, widespread windstorm and extreme fire weather system commenced on Tuesday, January 7, 2025, and is continuing as of this date, impacting the Los Angeles metropolitan area, including the City of Santa Monica, County and City of Los Angeles, and threatening life and safety, public and private property and structures, and other critical infrastructure; and
That the National Weather Service has advised that damaging N/NE gusts of 50- 80 mph, as well as isolated 80-100 mph in the mountains and foothills, are expected across most of Los Angeles metropolitan area; and

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Packet Pg. 399 Attachment: D-Second Revised Executive Order Local Emergency January 14, 2025 (7227 : Fire Emergency Order Extension) 2 That commencing on January 7, 2025, the Palisades Fire and other major fires, including, but not limited to, the Eaton Fire located primarily in Altadena (Regional Fires) ignited in Los Angeles County, burning over well over 40,000 acres as of the time this Proclamation is issued; and
That high winds, low humidity, and dry conditions have increased the intensity and spread of the Regional Fires, causing imminent threats to life with Red Flag warnings in effect in Los Angeles and Ventura Counties and widespread dangerous windstorm conditions with damaging wind gusts of 50 to 80 mph forecasted; and That the Regional Fires and windstorm conditions threaten structures, homes, and critical infrastructure, including power lines and water tanks, and have prompted evacuation orders and warnings and impacted the access route to the Regional Fires communities; and
That, along with the windstorm, the Regional Fires have already spread across more than 40,000 acres, damaging or destroying structures and prompting evacuation orders and road closures, and continue to threaten structures, homes and critical infrastructure; and
That, the National Weather Service issued a rare Particularly Dangerous Situation (PDS) Red Flag warning for 19 million people in the Los Angeles metropolitan area, which means there is a high risk of extreme fire behavior and very rapid growth due to dangerously high winds, low humidity and extremely dry vegetation; and

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Packet Pg. 400 Attachment: D-Second Revised Executive Order Local Emergency January 14, 2025 (7227 : Fire Emergency Order Extension) 3 That, this weather system has caused, or is substantially likely to cause, extreme conditions such as power outages, damage to power poles, fallen trees, and extreme fire behavior, impacting significant transportation arteries, requiring long-term repair and threatening the integrity of the critical infrastructure; and That, based upon the above events, by reason of its magnitude, and the need to protect the health, safety, and welfare of the residents and property of the City of Santa Monica, and aid in the assistance of those affected by the Regional Fires, there exists the potential that these events are likely to become beyond the control of the normal services, personnel, equipment, and facilities of the regularly constituted branches and departments of the City Government, and that such emergency conditions require the mobilization of mutual aid resources and the ability to coordinate a multiagency response; and
That on January 7, 2025, as a result of the widespread windstorm and extreme fire weather, the Los Angeles County Board of Supervisors proclaimed a Local Emergency in the County of Los Angeles; and
That, on January 7, 2025, the Mayor of the City of Los Angeles declared the existence of a Local Emergency throughout the City of Los Angeles to take such steps that are necessary for the protection of life and property; and That, on January 7, 2025, the Governor of the State of California declared a state of emergency to make additional resources available; and

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Packet Pg. 401 Attachment: D-Second Revised Executive Order Local Emergency January 14, 2025 (7227 : Fire Emergency Order Extension) 4 That the City of Santa Monica (the City) has a population of over 90,000 residents, is a major tourist destination, has two major hospitals and an airport within its jurisdiction, is a significant destination for business travel, and is adjacent to and contiguous on three sides with the City of Los Angeles, resulting in high volumes of residents and visitors orders; and
That, in consultation with the Chief of Police, it has been determined that in light of the continued threat of theft and looting in areas subject to evacuation orders, the safety of the public, and public and private property, within the City of Santa Monica, requires the imposition of a curfew within evacuated areas of the City of Santa Monica; and That California Government Code 8634 empowers the City to promulgate orders and regulations necessary to provide for the protection of life and property during a local emergency, including orders or regulations imposing a curfew within designated boundaries where necessary to preserve the public order and safety; and That, in the interest of public order and safety, as affected by this emergency, it is necessary to exercise my authority pursuant to Section 2.16.060 of the Santa Monica Municipal Code to issue this order imposing a curfew related to the protection of life and property in certain areas of the City; and
That, on January 7, 2025, the City activated its Emergency Operations Center to support ongoing emergency actions in response to the spread of the Regional Fires; and That the City intends to continue to take bold and aggressive actions to protect the public health and safety during this local and state emergency; and

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Packet Pg. 402 Attachment: D-Second Revised Executive Order Local Emergency January 14, 2025 (7227 : Fire Emergency Order Extension) 5 That the above described events are creating conditions of extreme peril and such conditions are likely to be beyond the control of the services, personnel, equipment, and facilities of the City, requiring the combined forces of other political subdivisions to combat; and
That the Regional Fires have already displaced many thousands of residents who are in need of temporary housing; and
-sharing and residential leases as set
forth in Santa Monica Municipal Code Chapters 6.20 and 6.22, and prohibition against stays of longer than 30 days in bed and breakfasts and hotels may impede the ability of residents, landlords, and local businesses to house those displaced by the Regional Fires; and
That tenants who wish to accommodate persons displaced by the Regional Fires on a temporary basis may be restricted from doing so by lease terms limiting the number of occupants or pets in a residential unit; and
That in areas subject to Mandatory Evacuation Orders and Evacuation Warnings, the risk of fires being started by construction, and in areas subject to Mandatory Evacuation Orders, the risk of fires being started by landscaping activity is unreasonably high and could stretch already limited resources beyond their capacity; and That the City Council of the City of Santa Monica ratified the existence of the emergency on January 9, 2025.

NOW, THEREFORE, IT IS HEREBY PROCLAIMED and restated that a local emergency and now exists throughout the City;

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Packet Pg. 403 Attachment: D-Second Revised Executive Order Local Emergency January 14, 2025 (7227 : Fire Emergency Order Extension) 6 IT IS FURTHER PROCLAIMED AND ORDERED that during the existence of said local emergency, the powers, functions, and duties of the emergency organization of the City shall be as prescribed by federal and state law, and by City ordinances and resolutions of this City.

IT IS FURTHER PROCLAIMED AND ORDERED THAT:

1. Schools, as that term is defined by Santa Monica Municipal Code Section

9.51.030(A)(11), and Child Care and Early Education Facilities, as that term is defined by Santa Monica Municipal Code Section 9.51.030(A)(3) that were displaced by the Regional Fires may operate within the non-residential zones on as a temporary use without first obtaining a Conditional Use Permit or a Temporary Use Permit; in addition, small businesses, as that term is defined by the United States Small Business Administration at 13 CFR § 121.105, and nonprofit organizations, that were operating in Los Angeles County and have been impacted or displaced by the Regional Fires may operate within the City as a temporary permitted use without first obtaining a Temporary Use Permit.

City Staff shall also prioritize any necessary permitting and inspections required, and strict adherence to building codes shall not be required on this temporary basis unless the provision directly affects health and safety; since it is the intent to accommodate those affected beyond the immediate fire emergency threat, City Staff are also directed to prepare and offer for Council approval solutions that would allow those schools, child care and early education facilities, small businesses and nonprofits displaced and temporarily relocating pursuant to this provision to remain for six to twelve months (or longer, as may be directed by Council) following their displacement.

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Packet Pg. 404 Attachment: D-Second Revised Executive Order Local Emergency January 14, 2025 (7227 : Fire Emergency Order Extension) 7 2. Parking regulations are hereby modified to allow residents to obtain 30 day Temporary Preferential parking permits or 30 day Overnight Beach Residents & Guests permits (excluding the Central Zone and for beach zone residents only) for up to two vehicles (per residential address) for persons displaced by the Regional Fires residing with them for the duration of the declared emergency. At the end of the 30 day period, the permit can be renewed for an additional 30 days if the declared emergency is still in place.

3. Enforcement of the provisions of Santa Monica Municipal Code Chapter

6.20, Home-Sharing and Vacation Rentals, as against persons who provide alternative accommodations within the City of Santa Monica to persons displaced by the Regional Fires is suspended; and enforcement of Santa Monica Municipal Code 6.22.050,

6.22.060, and 6.22.070, Residential Leasing Regulations, as against persons who (a) provide alternative accommodations within the City of Santa Monica to natural persons displaced by the Regional Fires and (b) sublease no more than one rental housing unit within the City, is suspended; since it is the intent to accommodate those affected beyond the immediate fire emergency threat, City Staff are also directed to prepare and offer for Council approval solutions that would allow those displaced to remain in their alternative accommodations, whether furnished or not,
residence or not, including with a lease for a term less than one year to remain for six to twelve months (or longer, as may be directed by Council) following their displacement.

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Packet Pg. 405 Attachment: D-Second Revised Executive Order Local Emergency January 14, 2025 (7227 : Fire Emergency Order Extension) 8 4.
waitlist - households impacted by the Regional Fires who are income qualified and:
have minor children currently attending SMMUSD schools; or work in Santa Monica at least 25 hours/week
shall be given Tier 1 priority on for 6 months,
suspending the current Tier 1 requirement that a household be displaced from a resi
preference rule allows prioritization of families displaced by the fire, and individuals who work in Santa Monica, ahead of current applicants who live or work in Santa Monica but do not otherwise qualify for Tier 1 priority.

5. The prohibitions on price gouging for goods and services set forth in Penal Code Section 396 and Santa Monica Municipal Code Section 4.32.161, including but not limited of consumer goods, emergency cleanup supplies, and repair and reconstruction services, and for housing costs, including hotel and motel rates and rental housing prices, are hereby triggered by this proclamation and shall remain in effect for the time periods set forth in Penal Code Section 396 and Santa Monica Municipal Code Section 4.32.161.

6. During the period of the local emergency, no landlord shall endeavor to evict a residential tenant, including but not limited to serving or filing a notice to terminate tenancy or unlawful detainer complaint, based on the presence of unauthorized occupants or pets, if the occupant or pet has been displaced due to a Regional Fire evacuation order or warning or poor air quality conditions related to the Regional Fires.

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Packet Pg. 406 Attachment: D-Second Revised Executive Order Local Emergency January 14, 2025 (7227 : Fire Emergency Order Extension) 9 7. A curfew is hereby imposed in the City of Santa Monica in all areas subject to Mandatory Evacuation Orders or an Evacuation Warning. Pursuant to the curfew, no persons shall be upon the public streets, avenues, alleys, parks, ways, or any other public place or upon unimproved private real property in the specified areas of the City of Santa Monica between the hours 6 p.m. and 6 a.m., for so long at the evacuation orders are effective. The City shall take all reasonable measures to provide notice to the public of the existence and terms of this curfew order.
a. The law enforcement personnel of this City along with other law enforcement authorities cooperating with the City are hereby authorized and charged to the extent provided by law with the responsibility of enforcing this curfew, and are further authorized to arrest any such person as does not obey this curfew after due notice, oral or written, has been given to that person. b. A violation of the curfew shall be punishable as a misdemeanor pursuant to Section 2.16.100(2) of the Santa Monica Municipal Code. c. The curfew shall also be enforceable through the issuance of administrative citations in accordance with Chapter 1.09 of the Santa Monica Municipal Code. Pursuant to Section 1.09.040 of the Santa Monica Municipal Code, the amount of the fine for a violation of the curfew shall be up to a maximum of $1,000 per violation. Administrative citation may be issued by and City Officer or employee granted authority to issue written notices to appear pursuant to Santa Monica Municipal Code Section 3.36.090.

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Packet Pg. 407 Attachment: D-Second Revised Executive Order Local Emergency January 14, 2025 (7227 : Fire Emergency Order Extension) 10 d. Law enforcement personnel, firefighting personnel, emergency health care providers, civilians engaged in police or emergency work, individuals traveling to and from work, individuals traveling to and from medical appointments or to seek medical care, and representatives of the media are exempt from this Order.

8. To avoid sparks that could lead to additional sources of fires: 1) building permits previously issued to persons other than the City itself are hereby suspended in areas subject to Mandatory Evacuation Orders or an Evacuation Warning; 2) all landscaping activities are hereby prohibited in areas subject to a Mandatory Evacuation Order; and 3) all outdoor open flames in the City shall be prohibited during times of red flag warnings. The time to complete work under such previously-issued building permits shall be tolled during the period of suspension under this paragraph. a. Violations of this seventh paragraph shall be enforceable by the Santa Monica Police Department and any City Officer or employee granted authority to issue written notices to appear pursuant to Santa Monica Municipal Code Section 3.36.090 as misdemeanors pursuant to Government Code Section 8665 and Santa Monica Municipal Code Section 2.16.100, or through the issuance of administrative citations in accordance with Chapter 1.09 of the Santa Monica Municipal Code.

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Packet Pg. 408 Attachment: D-Second Revised Executive Order Local Emergency January 14, 2025 (7227 : Fire Emergency Order Extension) 11 b. Pursuant to Section 1.09.040 of the Santa Monica Municipal Code, the amount of the fine for a violation of any provision of this seventh paragraph, the amount of the fine for a violation of the curfew shall be up to a maximum of $1,000 per violation. Violations of this provision may result in suspension or revocation of any building permit previously issued.
c. Each day or portion of a day that any person violates or continues to violate this seventh paragraph constitutes a separate violation and may be charged and punished separately.

9. In accordance with Santa Monica Municipal Code Section 2.24.240, Procurement for Emergency Needs, the City Manager, the Emergency Services Manager, the Purchasing Agent, or designees delegated in accordance with Section

2.24.240(b) may:
a. Shorten or waive all required notice periods and competitive solicitation procedures set forth in this Chapter;
b. Secure in the open market at the best reasonable price, contracts for public works projects, goods and services;
c. Negotiate or execute such contracts, agreements, applications or other documents with such other federal, state or local agencies or other groups and organizations as are necessary to provide or obtain emergency aid, assistance or services to the City of Santa Monica; and
d. Contract for the immediate expenditure of public funds to safeguard life, health or property.

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Packet Pg. 409 Attachment: D-Second Revised Executive Order Local Emergency January 14, 2025 (7227 : Fire Emergency Order Extension) 12 10. In accordance with Santa Monica Municipal Code Section 2.16.090, any expenditures made in connection with the emergency activities under this Proclamation, including mutual aid activities, shall be deemed conclusively to be for the direct protection and benefit of the inhabitants and property of the City of Santa Monica.

11. Bed and Breakfasts, as that term is defined by Santa Monica Municipal Code Section 9.51.030(B)(15)(a), and hotels and motels, as that term is defined by Santa Monica Municipal Code Section 9.51.030(B)(15)(b), may allow hotel stays beyond 30 days.

12. Pursuant to California Government Code section 8625, the City requests that the Governor proclaim a State of Emergency in the area affected by the Regional Fires.

13. Pursuant to California Government Code, Title 2, Division 1, Chapter 7.5 (California Disaster Assistance Act), the City requests financial and recovery assistance be made available, and that the State expedite access to State and Federal resources and any other appropriate federal disaster relief programs.

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Packet Pg. 410 Attachment: D-Second Revised Executive Order Local Emergency January 14, 2025 (7227 : Fire Emergency Order Extension) 13 ADOPTED this 14th day of January 2025.

ATTEST:
______________________ By: ______________________

NIKIMA NEWSOME
City Clerk

DAVID WHITE
City Manager
Director of Emergency Services
This proclamation has been issued in accordance with applicable law and is in effect and carries the force of law until terminated by the Santa Monica City Council.

APPROVED AS TO FORM:
______________________

DOUGLAS SLOAN
City Attorney

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Packet Pg. 411 Attachment: D-Second Revised Executive Order Local Emergency January 14, 2025 (7227 : Fire Emergency Order Extension) 1 FIRST SUPPLEMENT TO THE EXECUTIVE ORDER OF THE DIRECTOR OF

EMERGENCY SERVICES DECLARING THE EXISTENCE OF A LOCAL

EMERGENCY
WHEREAS, life-threatening, destructive, widespread windstorm and extreme fire weather system commenced on Tuesday, January 7, 2025, impacting the Los Angeles metropolitan area, including the City of Santa Monica, County and City of Los Angeles, and threatening life and safety, public and private property and structures, and other critical infrastructure; and
WHEREAS, the National Weather Service has advised that damaging N/NE gusts of 50- 80 mph, as well as isolated 80-100 mph in the mountains and foothills, were expected across most of Los Angeles metropolitan area; and WHEREAS, commencing on January 7, 2025, the Palisades Fire and other major fires, including, but not limited to, the Eaton Fire located primarily in Altadena (Regional Fires) ignited in Los Angeles County, burning over well over 40,000 acres as of the time this Proclamation is issued; and
WHEREAS, high winds, low humidity, and dry conditions have increased the intensity and spread of the Regional Fires, causing imminent threats to life with Red Flag warnings in effect in Los Angeles and Ventura Counties and widespread dangerous windstorm conditions with damaging wind gusts of 50 to 80 mph forecasted; and

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Packet Pg. 412 Attachment: E-First Supplement to Executive Order Local Emergency January 31, 2025 (7227 : Fire Emergency Order Extension) 2 WHEREAS, the Regional Fires and windstorm conditions threaten structures, homes, and critical infrastructure, including power lines and water tanks, and have prompted evacuation orders and warnings and impacted the access route to the Regional Fires communities; and
WHEREAS, along with the windstorm, the Regional Fires have already spread across more than 40,000 acres, damaging or destroying structures and prompting evacuation orders and road closures, and continue to threaten structures, homes and critical infrastructure; and
WHEREAS, the National Weather Service issued a rare Particularly Dangerous Situation (PDS) Red Flag warning for 19 million people in the Los Angeles metropolitan area, which means there is a high risk of extreme fire behavior and very rapid growth due to dangerously high winds, low humidity and extremely dry vegetation; and WHEREAS, this weather system has caused, or is substantially likely to cause, extreme conditions such as power outages, damage to power poles, fallen trees, and extreme fire behavior, impacting significant transportation arteries, requiring long-term repair and threatening the integrity of the critical infrastructure; and WHEREAS, based upon the above events, by reason of its magnitude, and the need to protect the health, safety, and welfare of the residents and property of the City of Santa Monica, and aid in the assistance of those affected by the Regional Fires, there exists the potential that these events are likely to become beyond the control of the normal services, personnel, equipment, and facilities of the regularly constituted branches and departments of the City Government, and that such emergency conditions require the mobilization of mutual aid resources and the ability to coordinate a multiagency response; and

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Packet Pg. 413 Attachment: E-First Supplement to Executive Order Local Emergency January 31, 2025 (7227 : Fire Emergency Order Extension) 3 WHEREAS, on January 7, 2025, as a result of the widespread windstorm and extreme fire weather, the Los Angeles County Board of Supervisors proclaimed a Local Emergency in the County of Los Angeles; and
WHEREAS, on January 7, 2025, the Mayor of the City of Los Angeles declared the existence of a Local Emergency throughout the City of Los Angeles to take such steps that are necessary for the protection of life and property; and WHEREAS, on January 7, 2025, the Governor of the State of California declared a state of emergency to make additional resources available; and WHEREAS, the City of Santa Monica (the City) has a population of over 90,000 residents, is a major tourist destination, has two major hospitals and an airport within its jurisdiction, is a significant destination for business travel, and is adjacent to and contiguous on three sides with the City of Los Angeles, resulting in high volumes of and
WHEREAS, on January 7, 2025, the City activated its Emergency Operations Center to support ongoing emergency actions in response to the spread of the Regional Fires; and
WHEREAS, the City intends to continue to take bold and aggressive actions to protect the public health and safety during this local and state emergency; and WHEREAS, the above described events are creating conditions of extreme peril and such conditions are likely to be beyond the control of the services, personnel, equipment, and facilities of the City, requiring the combined forces of other political subdivisions to combat; and
WHEREAS, the Regional Fires have displaced many thousands of residents who are in need of temporary housing; and

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Packet Pg. 414 Attachment: E-First Supplement to Executive Order Local Emergency January 31, 2025 (7227 : Fire Emergency Order Extension) 4 WHEREAS, -sharing and residential leases
as set forth in Santa Monica Municipal Code Chapters 6.20 and 6.22, and prohibition against stays of longer than 30 days in bed and breakfasts and hotels may impede the ability of residents, landlords, and local businesses to house those displaced by the Regional Fires; and
WHEREAS, tenants who wish to accommodate persons displaced by the Regional Fires on a temporary basis may be restricted from doing so by lease terms limiting the number of occupants or pets in a residential unit; and
WHEREAS, on January 8, 2025, the City Manager, in his role as the Director of Order of the Director of Emergency Services of the City of Santa Monica Declaring the pursuant to Chapter 2.16 of the Santa Monica Municipal Code to ensure the availability an effective response to the Regional Fires; and
WHEREAS, pursuant to the Executive Order, the Executive Director of Emergency Services further: 1) relaxed permitting requirements for schools and child care and early education facilities that were displaced; 2) suspended preferential parking rules and enforcement of Santa Monica Municipal Code Chapters 6.20, Home-Sharing and Vacation Rentals, and 6.22, Residential Leasing Regulations for persons who provide alternative accommodations to persons displaced; 3) triggered prohibitions on pricegouging under the Santa Monica Municipal Code and the California Penal Code; 4) prohibited landlords from evicting residential tenants based on the presence of unauthorized occupants or pets, if the occupant or pet has been displaced due to an evacuation order or poor air quality conditions; 5) imposed a curfew in all areas subject

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Packet Pg. 415 Attachment: E-First Supplement to Executive Order Local Emergency January 31, 2025 (7227 : Fire Emergency Order Extension) 5 to a mandatory evacuation order; 6) suspended all previously-issued building permits for areas subject to mandatory evacuation orders and evacuation warnings; 7) triggered emergency procurement and expenditure provisions under Chapter 2.16; and 8) permits bed and breakfasts and hotels and motels to allow stays beyond 30 days; and WHEREAS, on January 10, 2025, the Executive Director of Emergency Services issued a Revised Executive Order of the Director of Emergency Services of the City of restating the declaration of local emergency, and 1) prohibiting landscaping activities in areas subject to a Mandatory Evacuation Order; and 2) making other minor amendments and clarifications; and
WHEREAS, on January 10, 2025, at a Special Meeting of the City Council, the Council adopted Resolution Number 11639 (CCS) to: 1) ratify the Executive Order and Revised Executive Order; 2) proclaim a local emergency throughout the City; and 3) authorize the Executive Director of Emergency Services to take all actions related to the protection of life and property that are reasonably necessary to respond to the local emergency caused by the Regional Fires; and
WHEREAS, on January 10, 2025, the City Council further directed staff to supplement the Executive Order to: 1) relax permitting requirements for small businesses and nonprofit organizations that were operating in Los Angeles County and have been impacted by the Regional Fires: 2) prioritize any necessary permitting and inspections for displaced schools, early childhood education centers, small businesses and nonprofit organizations, and clarify that strict adherence to building codes shall not be required on this temporary basis unless the provision directly affects health and safety; 3) grant

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Packet Pg. 416 Attachment: E-First Supplement to Executive Order Local Emergency January 31, 2025 (7227 : Fire Emergency Order Extension) 6 Regional Fires with minor children currently attending SMMUSD schools or that work in the City at least 25 hours per week; 4) prohibit open flames during times of red flag warnings; and 5) make other minor clarifications and corrections; and WHEREAS, on January 14, 2025, the Executive Director of Emergency Services issued a Second Revised Executive Order of the Director of Emergency Services of the City of Santa Monica Declaring the Existence of a Local Emergency to implement Council direction; and
WHEREAS, as of January 30, 2025, the Regional Fires have destroyed more than 17,000 structures; and
WHEREAS, the damage caused by the Regional Fires has left thousands displaced due to loss of housing or inability to access their homes due to safety reasons; and;
WHEREAS, schools oning districts that are
subject to occupancy limitations under previously-issued Conditional Use Permits (CUPs) have received requests to accommodate students from other campuses operated by the school that were impacted by the Regional Fires; and
WHEREAS, increasing occupancy limitations for those schools will allow for students displaced by the Regional Fires to continue their education; and WHEREAS, before the Regional Fires, local restaurants had been impacted by inflation and the continuing rise in operating costs; and WHEREAS, Santa Monica restaurant operators are reporting year-on-year sales for the month of January dropped between 10 and 20 percent, with more significant impact in areas with restricted access due to the Regional Fires, including the beach and the Santa Monica Pier, reporting sales down by 20-40%; and

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Packet Pg. 417 Attachment: E-First Supplement to Executive Order Local Emergency January 31, 2025 (7227 : Fire Emergency Order Extension) 7 WHEREAS, although outdoor dining options have continued to serve as popular options for customers seeking to enjoy the year-round Southern California climate and utilize outdoor dining areas for parts of the month of January; and WHEREAS, without relief, the drop in revenue resulting from Regional Fires may result in layoffs of staff or even closure; and
WHEREAS, waiving license fees for outdoor dining areas, sidewalk dining, parklets, and pier deck extended dining for the month of February 2025 will provide Santa Monica restaurants and other businesses with outdoor dining options some economic relief to help remain open and support their overall business recovery; and WHEREAS, as a result of the recent Regional Fires, hotels and motels in Santa Monica are experiencing major cancellations on both the rooms and events, with large groups pulling their business through February and into March; and WHEREAS, these cancellations are causing a significant financial impact to many hotels and motels, some of which are struggling to manage their financial commitments;

WHEREAS, the Revenue Division has received requests from multiple hotels requesting a 30-
Tourism Marketing District Assess
WHEREAS, Section 6.68.050 of the Santa Monica Municipal Code requires the payment of TOT on the first business day of each month and imposes a penalty 10% if the TOT is not paid by the last day of the month; and
WHEREAS, the TMD is collected per occupied room per night at fixed rates depending on average daily rate; and

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Packet Pg. 418 Attachment: E-First Supplement to Executive Order Local Emergency January 31, 2025 (7227 : Fire Emergency Order Extension) 8 WHEREAS, the TMD assessments are collected at the same time and manner as the TOT pursuant to Streets and Highways Code Section 36631 and Resolution Number 11005 (CCS); and
WHEREAS, Santa Monica Travel and Tourism supports a 30 day extension for the TOT and TMD due for December 2024;
in significant job losses, including jobs for lower income families and an estimated loss of up to 35,000 jobs held by Latinos alone; and
WHEREAS, these job losses will make it more difficult for lower income families to afford market rents without assistance from programs such as those administered by the Santa Monica Housing Authority ; and
is in alignment
with broader regional emergency efforts to assist those in need of housing as a result of the Regional Fires, without disturbing the longstanding priority for individuals who live or work in Santa Monica.

NOW, THEREFORE, I; David White, the Director of Emergency Services for the City of Santa Monica, do hereby issue the following supplemental order to become effective immediately, subject to ratification by the Council as may be required by the Municipal Code.

IT IS HEREBY ORDERED THAT:

1. The Second Revised Executive Order shall continue in full force and effect, except as modified and supplemented by this First Supplement.

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Packet Pg. 419 Attachment: E-First Supplement to Executive Order Local Emergency January 31, 2025 (7227 : Fire Emergency Order Extension) 9 2. Section 1 of the Second Revised Executive Order is hereby amended as follows:

Schools, as that term is defined by Santa Monica Municipal Code Section

9.51.030(A)(11), and Child Care and Early Education Facilities, as that term is defined by Santa Monica Municipal Code Section 9.51.030(A)(3) that were displaced by the Regional Fires may operate within the City non-residential zones on as a temporary use without first obtaining a Conditional Use Permit or a Temporary Use Permit; in addition, small businesses, as that term is defined by the United States Small Business Administration at 13 CFR § 121.105, and nonprofit organizations, that were operating in Los Angeles County and have been impacted or displaced by the Regional Fires may operate within the City as a temporary permitted use without first obtaining a Temporary Use Permit.

Schools with existing Conditional Use Permits in residential zones that are subject to occupancy limitations may expand to accommodate students from other campuses operated by the existing school displaced by the Regional Fires.

City Staff shall also prioritize any necessary permitting and inspections required, and strict adherence to building codes shall not be required on this temporary basis unless the provision directly affects health and safety; since it is the intent to accommodate those affected beyond the immediate fire emergency threat, City Staff are also directed to prepare and offer for Council approval solutions that would allow those schools, child care and early education facilities, small businesses and nonprofits displaced and temporarily relocating pursuant to this provision to remain for six to twelve months (or longer, as may be directed by Council) following their displacement.

3. License fees for outdoor dining areas, sidewalk dining, parklets, and pier deck extended dining, shall be waived for the month of February 2025.

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Packet Pg. 420 Attachment: E-First Supplement to Executive Order Local Emergency January 31, 2025 (7227 : Fire Emergency Order Extension) 10 4. Upon written request of a hotel or motel subject to the TOT and TMD, the Finance Department may grant a 30-day extension for the payment of TOT and TMD for the December 2024 reporting period. If an extension is granted, the payment deadline would be extended to February 28, 2025 for the December 2024 reporting period.

5. Section 4 of the Second Revised Executive Order is hereby amended as follows:

Tier 1 priority Priority for displaced lower income households Market Housing (BMH) waitlist shall be given to displaced households impacted by the Regional Fires who are income qualified and impacted by the Regional Fires and:
have minor children currently attending SMMUSD or local Santa Monica schools; or
worked in Santa Monica, prior to the Regional Fires, at least 25 hours/week; or are Santa Monica residents and experienced a job loss as a direct result of the Regional Fires
Tier 1 priority on the Santa Monica Housing Authority waitlist shall be given to displaced households who are income qualified, meet voucher eligibility requirements, are impacted by the Regional Fires and:
are Santa Monica residents and experienced job loss as a direct result of the Regional Fires; or
replacement
Housing and Urban Development (HUD) Housing Quality Standards (HQS)) or that is adequate for the household size (according to HUD HQS), or living in housing not pursuant to a lease agreement).

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Packet Pg. 421 Attachment: E-First Supplement to Executive Order Local Emergency January 31, 2025 (7227 : Fire Emergency Order Extension) 11 These households would be eligible for referrals to:

Project-Based Voucher (PBV) buildings; or
Continuum of Care (CoC) vouchers; or
Section 8 Housing Choice Vouchers (HCV)
An individual may apply during the period of this Emergency Order and will maintain priority on the Santa Monica Housing Authority or BMH waitlist for 6 months. The adjustment to the local preference criteria should be viewed as a temporary expansion of the rule, made in alignment with broader regional emergency efforts to assist those affected. However, the longstanding live/work priority (Tier 2) will remain in place. suspending the current Tier 1 requirement that a household be displaced from a preference rule allows prioritization of families displaced by the fire, and individuals who work in Santa Monica, ahead of current applicants who live or work in Santa Monica but do not otherwise qualify for Tier 1 priority.

ADOPTED this 31st day of January 2025.

ATTEST:
______________________ By: ______________________

NIKIMA NEWSOME
City Clerk

DAVID WHITE
City Manager
Director of Emergency Services
APPROVED AS TO FORM:
______________________

DOUGLAS SLOAN
City Attorney

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Packet Pg. 422 Attachment: E-First Supplement to Executive Order Local Emergency January 31, 2025 (7227 : Fire Emergency Order Extension) 1 SECOND SUPPLEMENT TO THE EXECUTIVE ORDER OF THE DIRECTOR OF

EMERGENCY SERVICES DECLARING THE EXISTENCE OF A LOCAL

EMERGENCY
WHEREAS, life-threatening, destructive, widespread windstorm and extreme fire weather system commenced on Tuesday, January 7, 2025, impacting the Los Angeles metropolitan area, including the City of Santa Monica, County and City of Los Angeles, and threatening life and safety, public and private property and structures, and other critical infrastructure; and
WHEREAS, the National Weather Service has advised that damaging N/NE gusts of 50- 80 mph, as well as isolated 80-100 mph in the mountains and foothills, were expected across most of Los Angeles metropolitan area; and WHEREAS, commencing on January 7, 2025, the Palisades Fire and other major fires, including, but not limited to, the Eaton Fire located primarily in Altadena (Regional Fires) ignited in Los Angeles County, burning over well over 40,000 acres as of the time this Proclamation is issued; and
WHEREAS, high winds, low humidity, and dry conditions have increased the intensity and spread of the Regional Fires, causing imminent threats to life with Red Flag warnings in effect in Los Angeles and Ventura Counties and widespread dangerous windstorm conditions with damaging wind gusts of 50 to 80 mph forecasted; and Docusign Envelope ID: 05CEB313-4BDE-4A3F-B9C0-004AB6CBD0D1

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Packet Pg. 423 Attachment: F-Second Supplement to Executive Order Local Emergency March 19, 2025 (7227 : Fire Emergency Order Extension) 2 WHEREAS, the Regional Fires and windstorm conditions threaten structures, homes, and critical infrastructure, including power lines and water tanks, and have prompted evacuation orders and warnings and impacted the access route to the Regional Fires communities; and
WHEREAS, along with the windstorm, the Regional Fires have already spread across more than 40,000 acres, damaging or destroying structures and prompting evacuation orders and road closures, and continue to threaten structures, homes and critical infrastructure; and
WHEREAS, the National Weather Service issued a rare Particularly Dangerous Situation (PDS) Red Flag warning for 19 million people in the Los Angeles metropolitan area, which means there is a high risk of extreme fire behavior and very rapid growth due to dangerously high winds, low humidity and extremely dry vegetation; and WHEREAS, this weather system has caused, or is substantially likely to cause, extreme conditions such as power outages, damage to power poles, fallen trees, and extreme fire behavior, impacting significant transportation arteries, requiring long-term repair and threatening the integrity of the critical infrastructure; and WHEREAS, based upon the above events, by reason of its magnitude, and the need to protect the health, safety, and welfare of the residents and property of the City of Santa Monica, and aid in the assistance of those affected by the Regional Fires, there exists the potential that these events are likely to become beyond the control of the normal services, personnel, equipment, and facilities of the regularly constituted branches and departments of the City Government, and that such emergency conditions require the mobilization of mutual aid resources and the ability to coordinate a multiagency response; and
Docusign Envelope ID: 05CEB313-4BDE-4A3F-B9C0-004AB6CBD0D1

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Packet Pg. 424 Attachment: F-Second Supplement to Executive Order Local Emergency March 19, 2025 (7227 : Fire Emergency Order Extension) 3 WHEREAS, on January 7, 2025, as a result of the widespread windstorm and extreme fire weather, the Los Angeles County Board of Supervisors proclaimed a Local Emergency in the County of Los Angeles; and
WHEREAS, on January 7, 2025, the Mayor of the City of Los Angeles declared the existence of a Local Emergency throughout the City of Los Angeles to take such steps that are necessary for the protection of life and property; and WHEREAS, on January 7, 2025, the Governor of the State of California declared a state of emergency to make additional resources available; and WHEREAS, the City of Santa Monica (the City) has a population of over 90,000 residents, is a major tourist destination, has two major hospitals and an airport within its jurisdiction, is a significant destination for business travel, and is adjacent to and contiguous on three sides with the City of Los Angeles, resulting in high volumes of residents and visitors traveling within and across the City’s borders; and WHEREAS, on January 7, 2025, the City activated its Emergency Operations Center to support ongoing emergency actions in response to the spread of the Regional Fires; and
WHEREAS, the City intends to continue to take bold and aggressive actions to protect the public health and safety during this local and state emergency; and WHEREAS, the above described events are creating conditions of extreme peril and such conditions are likely to be beyond the control of the services, personnel, equipment, and facilities of the City, requiring the combined forces of other political subdivisions to combat; and
WHEREAS, the Regional Fires have displaced many thousands of residents who are in need of temporary housing; and
Docusign Envelope ID: 05CEB313-4BDE-4A3F-B9C0-004AB6CBD0D1

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Packet Pg. 425 Attachment: F-Second Supplement to Executive Order Local Emergency March 19, 2025 (7227 : Fire Emergency Order Extension) 4 WHEREAS, the City’s regulations related to home-sharing and residential leases as set forth in Santa Monica Municipal Code Chapters 6.20 and 6.22, and prohibition against stays of longer than 30 days in bed and breakfasts and hotels may impede the ability of residents, landlords, and local businesses to house those displaced by the Regional Fires; and
WHEREAS, tenants who wish to accommodate persons displaced by the Regional Fires on a temporary basis may be restricted from doing so by lease terms limiting the number of occupants or pets in a residential unit; and
WHEREAS, on January 8, 2025, the City Manager, in his role as the Director of Emergency Services, (“Executive Director of Emergency Services”) issued an Executive Order of the Director of Emergency Services of the City of Santa Monica Declaring the Existence of a Local Emergency (“Executive Order”) declaring a local emergency pursuant to Chapter 2.16 of the Santa Monica Municipal Code to ensure the availability an effective response to the Regional Fires; and
WHEREAS, pursuant to the Executive Order, the Executive Director of Emergency Services further: 1) relaxed permitting requirements for schools and child care and early education facilities that were displaced; 2) suspended preferential parking rules and enforcement of Santa Monica Municipal Code Chapters 6.20, Home-Sharing and Vacation Rentals, and 6.22, Residential Leasing Regulations for persons who provide alternative accommodations to persons displaced; 3) triggered prohibitions on pricegouging under the Santa Monica Municipal Code and the California Penal Code; 4) prohibited landlords from evicting residential tenants based on the presence of unauthorized occupants or pets, if the occupant or pet has been displaced due to an evacuation order or poor air quality conditions; 5) imposed a curfew in all areas subject Docusign Envelope ID: 05CEB313-4BDE-4A3F-B9C0-004AB6CBD0D1

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Packet Pg. 426 Attachment: F-Second Supplement to Executive Order Local Emergency March 19, 2025 (7227 : Fire Emergency Order Extension) 5 to a mandatory evacuation order; 6) suspended all previously-issued building permits for areas subject to mandatory evacuation orders and evacuation warnings; 7) triggered emergency procurement and expenditure provisions under Chapter 2.16; and 8) permits bed and breakfasts and hotels and motels to allow stays beyond 30 days; and WHEREAS, on January 10, 2025, the Executive Director of Emergency Services issued a Revised Executive Order of the Director of Emergency Services of the City of Santa Monica Declaring the Existence of a Local Emergency (“Revised Executive Order”) restating the declaration of local emergency, and 1) prohibiting landscaping activities in areas subject to a Mandatory Evacuation Order; and 2) making other minor amendments and clarifications; and
WHEREAS, on January 10, 2025, at a Special Meeting of the City Council, the Council adopted Resolution Number 11639 (CCS) to: 1) ratify the Executive Order and Revised Executive Order; 2) proclaim a local emergency throughout the City; and 3) authorize the Executive Director of Emergency Services to take all actions related to the protection of life and property that are reasonably necessary to respond to the local emergency caused by the Regional Fires; and
WHEREAS, on January 10, 2025, the City Council further directed staff to supplement the Executive Order to: 1) relax permitting requirements for small businesses and nonprofit organizations that were operating in Los Angeles County and have been impacted by the Regional Fires: 2) prioritize any necessary permitting and inspections for displaced schools, early childhood education centers, small businesses and nonprofit organizations, and clarify that strict adherence to building codes shall not be required on this temporary basis unless the provision directly affects health and safety; 3) grant priority on the City’s below market housing waitlist to households displaced by the Docusign Envelope ID: 05CEB313-4BDE-4A3F-B9C0-004AB6CBD0D1

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Packet Pg. 427 Attachment: F-Second Supplement to Executive Order Local Emergency March 19, 2025 (7227 : Fire Emergency Order Extension) 6 Regional Fires with minor children currently attending SMMUSD schools or that work in the City at least 25 hours per week; 4) prohibit open flames during times of red flag warnings; and 5) make other minor clarifications and corrections; and WHEREAS, on January 14, 2025, the Executive Director of Emergency Services issued a Second Revised Executive Order of the Director of Emergency Services of the City of Santa Monica Declaring the Existence of a Local Emergency (“Second Revised Executive Order”) to implement Council direction; and
WHEREAS, as of January 30, 2025, the Regional Fires have destroyed more than 17,000 structures; and
WHEREAS, the damage caused by the Regional Fires has left thousands displaced due to loss of housing or inability to access their homes due to safety reasons; and;
WHEREAS, schools located in the City’s residential zoning districts that are subject to occupancy limitations under previously-issued Conditional Use Permits (CUPs) have received requests to accommodate students from other campuses operated by the school that were impacted by the Regional Fires; and
WHEREAS, increasing occupancy limitations for those schools will allow for students displaced by the Regional Fires to continue their education; and WHEREAS, before the Regional Fires, local restaurants had been impacted by inflation and the continuing rise in operating costs; and WHEREAS, Santa Monica restaurant operators are reporting year-on-year sales for the month of January dropped between 10 and 20 percent, with more significant impact in areas with restricted access due to the Regional Fires, including the beach and the Santa Monica Pier, reporting sales down by 20-40%; and Docusign Envelope ID: 05CEB313-4BDE-4A3F-B9C0-004AB6CBD0D1

4.K.f
Packet Pg. 428 Attachment: F-Second Supplement to Executive Order Local Emergency March 19, 2025 (7227 : Fire Emergency Order Extension) 7 WHEREAS, although outdoor dining options have continued to serve as popular options for customers seeking to enjoy the year-round Southern California climate and sunshine, the Regional Fires caused hazardous air quality, limiting restaurant’s ability to utilize outdoor dining areas for parts of the month of January; and WHEREAS, without relief, the drop in revenue resulting from Regional Fires may result in layoffs of staff or even closure; and
WHEREAS, waiving license fees for outdoor dining areas, sidewalk dining, parklets, and pier deck extended dining for the month of February 2025 will provide Santa Monica restaurants and other businesses with outdoor dining options some economic relief to help remain open and support their overall business recovery; and WHEREAS, as a result of the recent Regional Fires, hotels and motels in Santa Monica are experiencing major cancellations on both the rooms and events, with large groups pulling their business through February and into March; and WHEREAS, these cancellations are causing a significant financial impact to many hotels and motels, some of which are struggling to manage their financial commitments; and
WHEREAS, the City’s Revenue Division has received requests from multiple hotels requesting a 30-day extension for the Transient Occupancy Taxes (“TOT”) and the Tourism Marketing District Assessment (“TMD”); and
WHEREAS, Section 6.68.050 of the Santa Monica Municipal Code requires the payment of TOT on the first business day of each month and imposes a penalty 10% if the TOT is not paid by the last day of the month; and
WHEREAS, the TMD is collected per occupied room per night at fixed rates depending on average daily rate; and
Docusign Envelope ID: 05CEB313-4BDE-4A3F-B9C0-004AB6CBD0D1

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Packet Pg. 429 Attachment: F-Second Supplement to Executive Order Local Emergency March 19, 2025 (7227 : Fire Emergency Order Extension) 8 WHEREAS, the TMD assessments are collected at the same time and manner as the TOT pursuant to Streets and Highways Code Section 36631 and Resolution Number 11005 (CCS); and
WHEREAS, Santa Monica Travel and Tourism supports a 30 day extension for the TOT and TMD due for December 2024;
WHEREAS, the Regional Fires’ destruction of homes and businesses has resulted in significant job losses, including jobs for lower income families and an estimated loss of up to 35,000 jobs held by Latinos alone; and
WHEREAS, these job losses will make it more difficult for lower income families to afford market rents without assistance from programs such as those administered by the Santa Monica Housing Authority or the City’s Below Market Housing waitlist; and WHEREAS, temporarily adjusting criteria for local preferences on the City’s Below Market Housing waitlist and the Santa Monica Housing Authority’s waitlist is in alignment with broader regional emergency efforts to assist those in need of housing as a result of the Regional Fires, without disturbing the longstanding priority for individuals who live or work in Santa Monica; and
WHEREAS, on January 31, 2025, the Executive Director of Emergency Services issued a First Supplement to the Executive Order to: 1) authorize schools with existing Conditional Use Permits in residential zones to expand to accommodate students from other campuses operated by the existing school displaced by the Regional Fires; 2) waive license fees for outdoor dining areas, sidewalk dining, parklets, and pier deck extended dining for the month of February 2025; 3) authorize the Finance Department to grant hotels and motels a 30-day extension for payment of Transient Occupancy Taxes and the Tourism Marketing District Assessment due for December 2024; and 4) expanding criteria Docusign Envelope ID: 05CEB313-4BDE-4A3F-B9C0-004AB6CBD0D1

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Packet Pg. 430 Attachment: F-Second Supplement to Executive Order Local Emergency March 19, 2025 (7227 : Fire Emergency Order Extension) 9 for Tier 1 priority on the City’s below market housing waitlist for income-qualifying households impacted by the Regional Fires; and
WHEREAS, on February 25, 2025, the City Council adopted Resolution Number 11645 (CCS), ratifying the Executive Order, the Revised Executive Order, the Second Revised Executive Order, and the First Supplement to the Executive Order; and WHEREAS, existing schools located in the City are continually receiving requests to accommodate students that were impacted by the Regional Fires; and WHEREAS, permitting expansions of those existing schools to operate as a temporary use in the City’s non-residential zones will allow for students displaced by the Regional Fires to continue their education; and
WHEREAS, the temporary suspension of enforcement of SMMC Chapter 6.20, Home-sharing and Vacation Rentals, as to hosting guests displaced by the Regional Fires pursuant to Section 3 of the Second Revised Executive Order expanded the number of temporary housing units available for rent for 30 days or less; and WHEREAS, the need among persons displaced by the Regional Fires for shortterm housing two months after the Regional Fires has substantially diminished, and is now being surpassed by the need for long-term and permanent housing for those persons who lost their homes in the Regional Fires; and
WHEREAS, the use of rental properties for short-term rentals for 30 days or less limits the supply of housing available for long-term rental to meet this need; and WHEREAS, hosts and fire-displaced occupants of home-shares and vacation rentals are entitled to reasonable advance notice of when enforcement of the provisions of SMMC Chapter 6.20 will resume to facilitate compliance; and Docusign Envelope ID: 05CEB313-4BDE-4A3F-B9C0-004AB6CBD0D1

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Packet Pg. 431 Attachment: F-Second Supplement to Executive Order Local Emergency March 19, 2025 (7227 : Fire Emergency Order Extension) 10 WHEREAS, hotels and motels in Santa Monica continue to experience major cancellations on both rooms and events as a result of the Regional Fires; and WHEREAS, expanding the opportunity for a 30-day extension for TOT and TMD due to any request filed with the City prior to April 30, 2025 will offer further support to the City’s hotels and motels and assist with lessening financial burdens caused by the Regional Fires; and
WHEREAS, restaurants and other businesses that are licensed to serve alcoholic beverages have reported a continuing loss of revenue due to impacts of the Regional Fires in addition to the economic conditions existing before the Regional Fires, including, but not limited to, inflation and the continuing rise in operating costs; and WHEREAS, a temporary suspension of enforcement of certain City regulations related to alcohol sales will provide opportunities for these businesses to recoup financial losses caused by the Regional Fires.

NOW, THEREFORE, I; Elaine Polachek, the Interim Director of Emergency Services for the City of Santa Monica, do hereby issue the following supplemental order to become effective immediately, subject to ratification by the Council as may be required by the Municipal Code.

IT HEREBY ORDERED THAT:

1. The Second Revised Executive Order shall continue in full force and effect, except as modified and supplemented by the First Supplement and this Second Supplement.

2. Section 1 of the Second Revised Executive Order as amended by the First Supplement to the Executive Order is hereby amended as follows:

Docusign Envelope ID: 05CEB313-4BDE-4A3F-B9C0-004AB6CBD0D1

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Packet Pg. 432 Attachment: F-Second Supplement to Executive Order Local Emergency March 19, 2025 (7227 : Fire Emergency Order Extension) 11 Schools, as that term is defined by Santa Monica Municipal Code Section

9.51.030(A)(11), and Child Care and Early Education Facilities, as that term is defined by Santa Monica Municipal Code Section 9.51.030(A)(3) that were displaced by the Regional Fires or expansions to existing schools to accommodate students displaced by the Regional Fires may operate within the City’s non-residential zones as a temporary use without first obtaining a Conditional Use Permit or a Temporary Use Permit; in addition, small businesses, as that term is defined by the United States Small Business Administration at 13 CFR § 121.105, and nonprofit organizations, that were operating in Los Angeles County and have been impacted or displaced by the Regional Fires may operate within the City as a temporary permitted use without first obtaining a Temporary Use Permit. Schools with existing Conditional Use Permits in residential zones that are subject to occupancy limitations may expand to accommodate students from other campuses operated by the existing school displaced by the Regional Fires.

City Staff shall also prioritize any necessary permitting and inspections required, and strict adherence to building codes shall not be required on this temporary basis unless the provision directly affects health and safety; since it is the intent to accommodate those affected beyond the immediate fire emergency threat, City Staff are also directed to prepare and offer for Council approval solutions that would allow those schools, child care and early education facilities, small businesses and nonprofits displaced and temporarily relocating pursuant to this provision to remain for six to twelve months (or longer, as may be directed by Council) following their displacement.

3. Section 3 of the Second Revised Executive Order is hereby amended and shall read in its entirety as follows:

Docusign Envelope ID: 05CEB313-4BDE-4A3F-B9C0-004AB6CBD0D1

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Packet Pg. 433 Attachment: F-Second Supplement to Executive Order Local Emergency March 19, 2025 (7227 : Fire Emergency Order Extension) 12 Enforcement of the provisions of Santa Monica Municipal Code Chapter 6.20, Home-Sharing and Vacation Rentals, as against persons who provide alternative accommodations within the City of Santa Monica to persons displaced by the Regional Fires is suspended through and including April 18, 2025; and enforcement of Santa Monica Municipal Code 6.22.050, 6.22.060, and 6.22.070, Residential Leasing Regulations, as against persons who (a) provide alternative accommodations within the City of Santa Monica to natural persons displaced by the Regional Fires and (b) sublease no more than one rental housing unit within the City, is suspended; since it is the intent to accommodate those affected beyond the immediate fire emergency threat, City Staff are also directed to prepare and offer for Council approval solutions that would allow those displaced to remain in their alternative accommodations, whether furnished or not, residence or not, including with a lease for a term less than one year to remain for six to twelve months (or longer, as may be directed by Council) following their displacement.

This section does not provide a basis for a short-term rental host, home-sharing host, or landlord to do any of the following: (a) unilaterally terminate a short-term rental agreement, home-share agreement, or rental housing agreement before the end of the agreed upon rental period; (b) evict or otherwise compel a person who has established a tenancy to vacate a rental unit without judicial process; or (c) terminate a tenancy that is subject to Article XVIII or XXIII of the City Charter, or Section 1946.2 of the Civil Code, for a reason other than one provided by the applicable just cause eviction law. This section also does not require a short-term rental host, home-share host, or landlord to cease renting to a person occupying the rental unit on or before April 19, 2025, so long as the rental period is for at least 31 consecutive days.

Docusign Envelope ID: 05CEB313-4BDE-4A3F-B9C0-004AB6CBD0D1

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Packet Pg. 434 Attachment: F-Second Supplement to Executive Order Local Emergency March 19, 2025 (7227 : Fire Emergency Order Extension) 13 4. Upon written request, made on or before April 30, 2025, of a hotel or motel subject to the TOT and TMD, and impacted by the regional fires, the Finance Department may grant a 30-day extension for the payment of TOT and TMD due.

5. Notwithstanding anything to the contrary in the Santa Monica Municipal Code or permits issued by the City of Santa Monica, enforcement of the following provisions of Santa Monica Municipal Code Sections 9.31.280, Restaurants, LimitedService and Take-Out Only, and 9.31.290, Restaurants with Entertainment, and specific alcohol-related standards and conditions of approval established pursuant to any Alcohol Determination, Alcohol Exemption, or Conditional Use Permit entitlements, as applicable, are hereby suspended for businesses that: (1) have obtained and are operating under license to sell alcoholic beverages from the California Department of Alcoholic Beverage Control (ABC); and (2) have obtained and are operating under a Conditional Use Permit or Alcohol Exemption issued by the City of Santa Monica, or are operating as an existing alcohol outlet without a Conditional Use Permit pursuant to Section 9.31.040 of the Santa Monica Municipal Code, including, but not limited to, Eating and Drinking Establishments, as defined by Santa Monica Municipal Code Section 9.51.030(B)(8), and Commercial Entertainment and Recreation, Large Scale Facilities, as defined by Santa Monica Municipal Code Section 9.51.030(B)(7)(d), and Small Scale Facilities, as defined by Santa Monica Municipal Code Section 9.51.030(B)(7)(e):

A. Restrictions on hours of operation and hours of alcohol service.

B. Prohibitions against serving alcohol in any disposable container such as disposable plastic or paper cups, except for special events.

C. Limitations on percentage of total gross revenues per year from alcohol sales.

Docusign Envelope ID: 05CEB313-4BDE-4A3F-B9C0-004AB6CBD0D1

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Packet Pg. 435 Attachment: F-Second Supplement to Executive Order Local Emergency March 19, 2025 (7227 : Fire Emergency Order Extension) 14 D. Limitations on the number of 3 television screens including video projectors or similar audio/visual devices permitted to be utilized on the premises, including limitations on size of screens.

E. Prohibitions against providing billiard/pool tables, video or amusement games, bowling, darts, and other similar entertainment activities.

F. Prohibitions against liquor bottle service, including provisions limiting wine and beer bottle service unless full meal service is provided concurrent with the bottle service, and requirements that all food items shall be available from the full service menu.

For purposes of this provision, bottle service shall mean the service of any full bottle of liquor, wine, or beer of more than 375 ml, along with glass ware, mixers, garnishes, etc., in which patrons are able to then make their own drinks or pour their own wine or beer.

G. Prohibitions against establishments, except for special events, organizing or participating in organized “pub-crawl” events where participants or customers prepurchase tickets or tokens to be exchanged for alcoholic beverages at the restaurant.

H. Requirements that, if a counter service area is provided, food service shall be available at all hours the counter is open for patrons and the counter area shall not function as a separate bar area.

I. Requirements that the primary use of any outdoor dining area shall be for seated meal service and that patrons who are standing in the outdoor seating area shall not be served.

J. For Restaurants, Full Service, as defined by Santa Monica Municipal Code Section 9.51.030(B)(8)(b), and Restaurants, Limited-Service and Take-Out, as defined by Santa Monica Municipal Code Section 9.51.030(B)(8)(c):

1. Limitations on the number of indoor or outdoor seats; and Docusign Envelope ID: 05CEB313-4BDE-4A3F-B9C0-004AB6CBD0D1

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Packet Pg. 436 Attachment: F-Second Supplement to Executive Order Local Emergency March 19, 2025 (7227 : Fire Emergency Order Extension) 15 2. Requirements that the primary use of the premises shall be for sitdown meal service to patrons.

K. For Restaurants with Entertainment subject to the provisions of Santa Monica Municipal Code Section 9.31.290, requirements that:

1. There is sit down meal service provided at all times while the entertainment is taking place;

2. The entertainment is provided only in the dining areas; and

3. There is no cover charge or minimum drink purchase requirement.

The provisions of this Section 5 of this Second Supplement shall terminate on April 30, 2025 at 11:59 p.m., unless extended or expressly superseded by a further order of the Director of Emergency Services.

ADOPTED this 20th day of March 2025.

ATTEST:
______________________ By: ______________________

NIKIMA NEWSOME
City Clerk

ELAINE POLACHEK
Interim City Manager
Interim Director of Emergency
Services
APPROVED AS TO FORM:
______________________

DOUGLAS SLOAN
City Attorney
Docusign Envelope ID: 05CEB313-4BDE-4A3F-B9C0-004AB6CBD0D1 3/20/2025
3/20/2025
3/20/2025

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Packet Pg. 437 Attachment: F-Second Supplement to Executive Order Local Emergency March 19, 2025 (7227 : Fire Emergency Order Extension) 1 CITY OF SANTA MONICA

THIRD SUPPLEMENT TO THE EXECUTIVE ORDER OF THE DIRECTOR OF

EMERGENCY SERVICES DECLARING THE EXISTENCE OF A LOCAL

EMERGENCY
WHEREAS, life-threatening, destructive, widespread windstorm and extreme fire weather system commenced on Tuesday, January 7, 2025, impacting the Los Angeles metropolitan area, including the City of Santa Monica, County and City of Los Angeles, and threatening life and safety, public and private property and structures, and other critical infrastructure; and
WHEREAS, the National Weather Service has advised that damaging N/NE gusts of 50-80 mph, as well as isolated 80-100 mph in the mountains and foothills, were expected across most of Los Angeles metropolitan area; and WHEREAS, commencing on January 7, 2025, the Palisades Fire and other major fires, including, but not limited to, the Eaton Fire located primarily in Altadena (Regional Fires) ignited in Los Angeles County, burning over well over 40,000 acres as of the time this Proclamation is issued; and
WHEREAS, high winds, low humidity, and dry conditions have increased the intensity and spread of the Regional Fires, causing imminent threats to life with Red Flag warnings in effect in Los Angeles and Ventura Counties and widespread dangerous windstorm conditions with damaging wind gusts of 50 to 80 mph forecasted; and WHEREAS, the Regional Fires and windstorm conditions threaten structures, homes, and critical infrastructure, including power lines and water tanks, and have prompted evacuation orders and warnings and impacted the access route to the Regional Fires communities; and
Docusign Envelope ID: 788EC88C-371A-490B-88CC-B3DABE782B64

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Packet Pg. 438 Attachment: G-Third Supplement to Executive Order Local Emergency March 28, 2025 (7227 : Fire Emergency Order Extension) 2 WHEREAS, along with the windstorm, the Regional Fires have already spread across more than 40,000 acres, damaging or destroying structures and prompting evacuation orders and road closures, and continue to threaten structures, homes and critical infrastructure; and
WHEREAS, the National Weather Service issued a rare Particularly Dangerous Situation (PDS) Red Flag warning for 19 million people in the Los Angeles metropolitan area, which means there is a high risk of extreme fire behavior and very rapid growth due to dangerously high winds, low humidity and extremely dry vegetation; and WHEREAS, this weather system has caused, or is substantially likely to cause, extreme conditions such as power outages, damage to power poles, fallen trees, and extreme fire behavior, impacting significant transportation arteries, requiring long-term repair and threatening the integrity of the critical infrastructure; and WHEREAS, based upon the above events, by reason of its magnitude, and the need to protect the health, safety, and welfare of the residents and property of the City of Santa Monica, and aid in the assistance of those affected by the Regional Fires, there exists the potential that these events are likely to become beyond the control of the normal services, personnel, equipment, and facilities of the regularly constituted branches and departments of the City Government, and that such emergency conditions require the mobilization of mutual aid resources and the ability to coordinate a multiagency response; and
WHEREAS, on January 7, 2025, as a result of the widespread windstorm and extreme fire weather, the Los Angeles County Board of Supervisors proclaimed a Local Emergency in the County of Los Angeles; and
Docusign Envelope ID: 788EC88C-371A-490B-88CC-B3DABE782B64

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Packet Pg. 439 Attachment: G-Third Supplement to Executive Order Local Emergency March 28, 2025 (7227 : Fire Emergency Order Extension) 3 WHEREAS, on January 7, 2025, the Mayor of the City of Los Angeles declared the existence of a Local Emergency throughout the City of Los Angeles to take such steps that are necessary for the protection of life and property; and WHEREAS, on January 7, 2025, the Governor of the State of California declared a state of emergency to make additional resources available; and WHEREAS, the City of Santa Monica (the City) has a population of over 90,000 residents, is a major tourist destination, has two major hospitals and an airport within its jurisdiction, is a significant destination for business travel, and is adjacent to and contiguous on three sides with the City of Los Angeles, resulting in high volumes of residents and visitors traveling within and across the City’s borders; and WHEREAS, on January 7, 2025, the City activated its Emergency Operations Center to support ongoing emergency actions in response to the spread of the Regional Fires; and
WHEREAS, the City intends to continue to take bold and aggressive actions to protect the public health and safety during this local and state emergency; and WHEREAS, the above described events are creating conditions of extreme peril and such conditions are likely to be beyond the control of the services, personnel, equipment, and facilities of the City, requiring the combined forces of other political subdivisions to combat; and
WHEREAS, the Regional Fires have displaced many thousands of residents who are in need of temporary housing; and
WHEREAS, the City’s regulations related to home-sharing and residential leases as set forth in Santa Monica Municipal Code Chapters 6.20 and 6.22, and prohibition against stays of longer than 30 days in bed and breakfasts and hotels may impede the Docusign Envelope ID: 788EC88C-371A-490B-88CC-B3DABE782B64

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Packet Pg. 440 Attachment: G-Third Supplement to Executive Order Local Emergency March 28, 2025 (7227 : Fire Emergency Order Extension) 4 ability of residents, landlords, and local businesses to house those displaced by the Regional Fires; and
WHEREAS, tenants who wish to accommodate persons displaced by the Regional Fires on a temporary basis may be restricted from doing so by lease terms limiting the number of occupants or pets in a residential unit; and
WHEREAS, on January 8, 2025, the City Manager, in his role as the Director of Emergency Services, (“Executive Director of Emergency Services”) issued an Executive Order of the Director of Emergency Services of the City of Santa Monica Declaring the Existence of a Local Emergency (“Executive Order”) declaring a local emergency pursuant to Chapter 2.16 of the Santa Monica Municipal Code to ensure the availability an effective response to the Regional Fires; and
WHEREAS, pursuant to the Executive Order, the Executive Director of Emergency Services further: 1) relaxed permitting requirements for schools and child care and early education facilities that were displaced; 2) suspended preferential parking rules and enforcement of Santa Monica Municipal Code Chapters 6.20, Home-Sharing and Vacation Rentals, and 6.22, Residential Leasing Regulations for persons who provide alternative accommodations to persons displaced; 3) triggered prohibitions on pricegouging under the Santa Monica Municipal Code and the California Penal Code; 4) prohibited landlords from evicting residential tenants based on the presence of unauthorized occupants or pets, if the occupant or pet has been displaced due to an evacuation order or poor air quality conditions; 5) imposed a curfew in all areas subject to a mandatory evacuation order; 6) suspended all previously-issued building permits for areas subject to mandatory evacuation orders and evacuation warnings; 7) triggered Docusign Envelope ID: 788EC88C-371A-490B-88CC-B3DABE782B64

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Packet Pg. 441 Attachment: G-Third Supplement to Executive Order Local Emergency March 28, 2025 (7227 : Fire Emergency Order Extension) 5 emergency procurement and expenditure provisions under Chapter 2.16; and 8) permits bed and breakfasts and hotels and motels to allow stays beyond 30 days; and WHEREAS, on January 10, 2025, the Executive Director of Emergency Services issued a Revised Executive Order of the Director of Emergency Services of the City of Santa Monica Declaring the Existence of a Local Emergency (“Revised Executive Order”) restating the declaration of local emergency, and 1) prohibiting landscaping activities in areas subject to a Mandatory Evacuation Order; and 2) making other minor amendments and clarifications; and
WHEREAS, on January 10, 2025, at a Special Meeting of the City Council, the Council adopted Resolution Number 11639 (CCS) to: 1) ratify the Executive Order and Revised Executive Order; 2) proclaim a local emergency throughout the City; and 3) authorize the Executive Director of Emergency Services to take all actions related to the protection of life and property that are reasonably necessary to respond to the local emergency caused by the Regional Fires; and
WHEREAS, on January 10, 2025, the City Council further directed staff to supplement the Executive Order to: 1) relax permitting requirements for small businesses and nonprofit organizations that were operating in Los Angeles County and have been impacted by the Regional Fires: 2) prioritize any necessary permitting and inspections for displaced schools, early childhood education centers, small businesses and nonprofit organizations, and clarify that strict adherence to building codes shall not be required on this temporary basis unless the provision directly affects health and safety; 3) grant priority on the City’s below market housing waitlist to households displaced by the Regional Fires with minor children currently attending SMMUSD schools or that work in Docusign Envelope ID: 788EC88C-371A-490B-88CC-B3DABE782B64

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Packet Pg. 442 Attachment: G-Third Supplement to Executive Order Local Emergency March 28, 2025 (7227 : Fire Emergency Order Extension) 6 the City at least 25 hours per week; 4) prohibit open flames during times of red flag warnings; and 5) make other minor clarifications and corrections; and WHEREAS, on January 14, 2025, the Executive Director of Emergency Services issued a Second Revised Executive Order of the Director of Emergency Services of the City of Santa Monica Declaring the Existence of a Local Emergency (“Second Revised Executive Order”) to implement Council direction; and
WHEREAS, as of January 30, 2025, the Regional Fires have destroyed more than 17,000 structures; and
WHEREAS, the damage caused by the Regional Fires has left thousands displaced due to loss of housing or inability to access their homes due to safety reasons; and;
WHEREAS, schools located in the City’s residential zoning districts that are subject to occupancy limitations under previously-issued Conditional Use Permits (CUPs) have received requests to accommodate students from other campuses operated by the school that were impacted by the Regional Fires; and
WHEREAS, increasing occupancy limitations for those schools will allow for students displaced by the Regional Fires to continue their education; and WHEREAS, before the Regional Fires, local restaurants had been impacted by inflation and the continuing rise in operating costs; and WHEREAS, Santa Monica restaurant operators are reporting year-on-year sales for the month of January dropped between 10 and 20 percent, with more significant impact in areas with restricted access due to the Regional Fires, including the beach and the Santa Monica Pier, reporting sales down by 20-40%; and Docusign Envelope ID: 788EC88C-371A-490B-88CC-B3DABE782B64

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Packet Pg. 443 Attachment: G-Third Supplement to Executive Order Local Emergency March 28, 2025 (7227 : Fire Emergency Order Extension) 7 WHEREAS, although outdoor dining options have continued to serve as popular options for customers seeking to enjoy the year-round Southern California climate and sunshine, the Regional Fires caused hazardous air quality, limiting restaurant’s ability to utilize outdoor dining areas for parts of the month of January; and WHEREAS, without relief, the drop in revenue resulting from Regional Fires may result in layoffs of staff or even closure; and
WHEREAS, waiving license fees for outdoor dining areas, sidewalk dining, parklets, and pier deck extended dining for the month of February 2025 will provide Santa Monica restaurants, and other businesses with outdoor dining options, some economic relief to help remain open and support their overall business recovery; and WHEREAS, as a result of the recent Regional Fires, hotels and motels in Santa Monica are experiencing major cancellations on both the rooms and events, with large groups pulling their business through February and into March; and WHEREAS, these cancellations are causing a significant financial impact to many hotels and motels, some of which are struggling to manage their financial commitments; and
WHEREAS, the City’s Revenue Division has received requests from multiple hotels requesting a 30-day extension for the Transient Occupancy Taxes (“TOT”) and the Tourism Marketing District Assessment (“TMD”); and
WHEREAS, Section 6.68.050 of the Santa Monica Municipal Code requires the payment of TOT on the first business day of each month and imposes a penalty 10% if the TOT is not paid by the last day of the month; and
WHEREAS, the TMD is collected per occupied room per night at fixed rates depending on average daily rate; and
Docusign Envelope ID: 788EC88C-371A-490B-88CC-B3DABE782B64

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Packet Pg. 444 Attachment: G-Third Supplement to Executive Order Local Emergency March 28, 2025 (7227 : Fire Emergency Order Extension) 8 WHEREAS, the TMD assessments are collected at the same time and manner as the TOT pursuant to Streets and Highways Code Section 36631 and Resolution Number 11005 (CCS); and
WHEREAS, Santa Monica Travel and Tourism supports a 30 day extension for the TOT and TMD due for December 2024;
WHEREAS, the Regional Fires’ destruction of homes and businesses has resulted in significant job losses, including jobs for lower income families and an estimated loss of up to 35,000 jobs held by Latinos alone; and
WHEREAS, these job losses will make it more difficult for lower income families to afford market rents without assistance from programs such as those administered by the Santa Monica Housing Authority or the City’s Below Market Housing waitlist; and WHEREAS, temporarily adjusting criteria for local preferences on the City’s Below Market Housing waitlist and the Santa Monica Housing Authority’s waitlist is in alignment with broader regional emergency efforts to assist those in need of housing as a result of the Regional Fires, without disturbing the longstanding priority for individuals who live or work in Santa Monica; and
WHEREAS, on January 31, 2025, the Executive Director of Emergency Services issued a First Supplement to the Executive Order to: 1) authorize schools with existing Conditional Use Permits in residential zones to expand to accommodate students from other campuses operated by the existing school displaced by the Regional Fires; 2) waive license fees for outdoor dining areas, sidewalk dining, parklets, and pier deck extended dining for the month of February 2025; 3) authorize the Finance Department to grant hotels and motels a 30-day extension for payment of Transient Occupancy Taxes and the Tourism Marketing District Assessment due for December 2024; and 4) expanding criteria Docusign Envelope ID: 788EC88C-371A-490B-88CC-B3DABE782B64

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Packet Pg. 445 Attachment: G-Third Supplement to Executive Order Local Emergency March 28, 2025 (7227 : Fire Emergency Order Extension) 9 for Tier 1 priority on the City’s below market housing waitlist for income-qualifying households impacted by the Regional Fires; and
WHEREAS, on February 25, 2025, the City Council adopted Resolution Number 11645 (CCS), ratifying the Executive Order, the Revised Executive Order, the Second Revised Executive Order, and the First Supplement to the Executive Order; and WHEREAS, existing schools located in the City are continually receiving requests to accommodate students that were impacted by the Regional Fires; and WHEREAS, permitting expansions of those existing schools to operate as a temporary use in the City’s non-residential zones will allow for students displaced by the Regional Fires to continue their education; and
WHEREAS, the temporary suspension of enforcement of SMMC Chapter 6.20, Home-sharing and Vacation Rentals, as to hosting guests displaced by the Regional Fires pursuant to Section 3 of the Second Revised Executive Order expanded the number of temporary housing units available for rent for 30 days or less; and WHEREAS, the need among persons displaced by the Regional Fires for shortterm housing two months after the Regional Fires has substantially diminished, and is now being surpassed by the need for long-term and permanent housing for those persons who lost their homes in the Regional Fires; and
WHEREAS, the use of rental properties for short-term rentals for 30 days or less limits the supply of housing available for long-term rental to meet this need; and WHEREAS, hosts and fire-displaced occupants of home-shares and vacation rentals are entitled to reasonable advance notice of when enforcement of the provisions of SMMC Chapter 6.20 will resume to facilitate compliance; and Docusign Envelope ID: 788EC88C-371A-490B-88CC-B3DABE782B64

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Packet Pg. 446 Attachment: G-Third Supplement to Executive Order Local Emergency March 28, 2025 (7227 : Fire Emergency Order Extension) 10 WHEREAS, hotels and motels in Santa Monica continue to experience major cancellations on both rooms and events as a result of the Regional Fires; and WHEREAS, expanding the opportunity for a 30-day extension for TOT and TMD due to any request filed with the City prior to April 30, 2025 will offer further support to the City’s hotels and motels and assist with lessening financial burdens caused by the Regional Fires; and
WHEREAS, restaurants and other businesses that are licensed to serve alcoholic beverages have reported a continuing loss of revenue due to impacts of the Regional Fires in addition to the economic conditions existing before the Regional Fires, including, but not limited to, inflation and the continuing rise in operating costs; and WHEREAS, a temporary suspension of enforcement of certain City regulations related to alcohol sales will provide opportunities for these businesses to recoup financial losses caused by the Regional Fires.

WHEREAS, on March 19, 2025, the Executive Director of Emergency Services issued a Second Supplement to the Second Revised Executive Order to: 1) broaden the Order’s provisions to include schools and Child Care and Early Education Facilities that were expanding to accommodate students displaced by the Regional Fires; 2) suspend enforcement of the provisions of Santa Monica Municipal Code Chapter 6.20 HomeSharing and Vacation Rentals through and including April 18, 2025 and clarify that shortterm rental hosts, home-sharing hosts, or landmarks may not unilaterally terminate rental agreements before the end of the agreed upon rental period, evict or compel a person who has established a tenancy to vacate a rental unit without judicial process, or terminate a tenancy subject to Article XVIII or XXIII of the City Charter, or Section 1946.2 of the Civil Code, for a reason other than one provided by applicable law; 3) expand a 30-day Docusign Envelope ID: 788EC88C-371A-490B-88CC-B3DABE782B64

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Packet Pg. 447 Attachment: G-Third Supplement to Executive Order Local Emergency March 28, 2025 (7227 : Fire Emergency Order Extension) 11 extension for payment of TOT and TMD; and 4) suspend certain provisions of Santa Monica Municipal Code Sections 9.31.280 and 9.31.290 for specified businesses; and WHEREAS, restaurants in the City are reporting ongoing losses of revenue through March 2025 due to the impacts of the Regional Fires and thus discounting license fees by 50% for the month of March for outdoor dining areas, sidewalk dining, parklets, and pier deck extended dining will continue to provide Santa Monica restaurants and other businesses with outdoor dining options some economic relief to help them remain open and support their overall business recovery.

NOW, THEREFORE, I, Elaine Polachek, the Interim Director of Emergency Services for the City of Santa Monica, do hereby issue the following supplemental order to become effective immediately, subject to ratification by the Council as may be required by the Municipal Code.

IT HEREBY ORDERED THAT:

1. The Second Revised Executive Order shall continue in full force and effect, except as modified and supplemented by the First Supplement, Second Supplement, and this Third Supplement.

2. License fees for outdoor dining areas, sidewalk dining, parklets, and pier deck extended dining, shall be discounted by 50% for the month of March 2025.

ADOPTED this 28th day of March 2025.
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Docusign Envelope ID: 788EC88C-371A-490B-88CC-B3DABE782B64

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Packet Pg. 448 Attachment: G-Third Supplement to Executive Order Local Emergency March 28, 2025 (7227 : Fire Emergency Order Extension) 12 ATTEST:
___________________ By: _____________________________

NIKIMA NEWSOME ELAINE POLACHEK
City Clerk Interim City Manager
APPROVED AS TO FORM:
______________________

DOUGLAS SLOAN
City Attorney
Docusign Envelope ID: 788EC88C-371A-490B-88CC-B3DABE782B64

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Packet Pg. 449 Attachment: G-Third Supplement to Executive Order Local Emergency March 28, 2025 (7227 : Fire Emergency Order Extension) 1 FOURTH SUPPLEMENT TO THE EXECUTIVE ORDER OF THE DIRECTOR OF

EMERGENCY SERVICES DECLARING THE EXISTENCE OF A LOCAL

EMERGENCY
WHEREAS, life-threatening, destructive, widespread windstorm and extreme fire weather system commenced on Tuesday, January 7, 2025, impacting the Los Angeles metropolitan area, including the City of Santa Monica and the County and City of Los Angeles, and threatening life and safety, public and private property and structures, and other critical infrastructure; and
WHEREAS, the National Weather Service advised that damaging N/NE gusts of 50-80 mph, as well as isolated 80-100 mph in the mountains and foothills, were expected across most of Los Angeles metropolitan area; and
WHEREAS, commencing on January 7, 2025, the Palisades Fire and other major fires, including, but not limited to, the Eaton Fire located primarily in Altadena (Regional Fires) ignited in Los Angeles County, burning over well over 40,000 acres; and WHEREAS, high winds, low humidity, and dry conditions increased the intensity and spread of the Regional Fires, causing imminent threats to life with Red Flag warnings in effect in Los Angeles and Ventura Counties and widespread dangerous windstorm conditions with damaging wind gusts of 50 to 80 mph were forecasted; and Docusign Envelope ID: DF13D876-AC40-4464-BB69-0EA4CCC8645E

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Packet Pg. 450 Attachment: H-Fourth Supplement Executive Order Local Emergency April 16, 2025 (7227 : Fire Emergency Order Extension) 2 WHEREAS, the Regional Fires and windstorm conditions threatened structures, homes, and critical infrastructure, including power lines and water tanks, prompted evacuation orders and warnings, and impacted the access route to the Regional Fires communities; and
WHEREAS, along with the windstorm, the Regional Fires spread across more than 40,000 acres, damaging or destroying structures and prompting evacuation orders and road closures, and continued to threaten structures, homes and critical infrastructure over multiple days; and
WHEREAS, the National Weather Service issued a rare Particularly Dangerous Situation (PDS) Red Flag warning for 19 million people in the Los Angeles metropolitan area, which means there is a high risk of extreme fire behavior and very rapid growth due to dangerously high winds, low humidity and extremely dry vegetation; and WHEREAS, this weather system caused extreme conditions such as power outages, damage to power poles, fallen trees, and extreme fire behavior, impacting significant transportation arteries, requiring long-term repair and threatening the integrity of the critical infrastructure; and
WHEREAS, based upon the above events, by reason of its magnitude, and the need to protect the health, safety, and welfare of the residents and property of the City of Santa Monica, and aid in the assistance of those affected by the Regional Fires, these events created conditions likely to become beyond the control of the normal services, personnel, equipment, and facilities of the regularly constituted branches and departments of the City Government, and that such emergency conditions require the mobilization of mutual aid resources and the ability to coordinate a multiagency response; and
Docusign Envelope ID: DF13D876-AC40-4464-BB69-0EA4CCC8645E

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Packet Pg. 451 Attachment: H-Fourth Supplement Executive Order Local Emergency April 16, 2025 (7227 : Fire Emergency Order Extension) 3 WHEREAS, on January 7, 2025, as a result of the widespread windstorm and extreme fire weather, the Los Angeles County Board of Supervisors proclaimed a Local Emergency in the County of Los Angeles; and
WHEREAS, on January 7, 2025, the Mayor of the City of Los Angeles declared the existence of a Local Emergency throughout the City of Los Angeles to take such steps that are necessary for the protection of life and property; and WHEREAS, on January 7, 2025, the Governor of the State of California declared a state of emergency to make additional resources available; and WHEREAS, the City of Santa Monica (the City) has a population of over 90,000 residents, is a major tourist destination, has two major hospitals and an airport within its jurisdiction, is a significant destination for business travel, and is adjacent to and contiguous on three sides with the City of Los Angeles, resulting in high volumes of residents and visitors traveling within and across the City’s borders; and WHEREAS, on January 7, 2025, the City activated its Emergency Operations Center to support ongoing emergency actions in response to the spread of the Regional Fires; and
WHEREAS, the City intends to continue to take bold and aggressive actions to protect the public health and safety during this local and state emergency; and WHEREAS, the above-described events created conditions of extreme peril and such conditions are likely to be beyond the control of the services, personnel, equipment, and facilities of the City, requiring the combined forces of other political subdivisions to combat; and
WHEREAS, the Regional Fires have displaced many thousands of residents who are in need of temporary housing; and
Docusign Envelope ID: DF13D876-AC40-4464-BB69-0EA4CCC8645E

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Packet Pg. 452 Attachment: H-Fourth Supplement Executive Order Local Emergency April 16, 2025 (7227 : Fire Emergency Order Extension) 4 WHEREAS, on January 8, 2025, the City Manager, in his role as the Director of Emergency Services, (“Executive Director of Emergency Services”) issued an Executive Order of the Director of Emergency Services of the City of Santa Monica Declaring the Existence of a Local Emergency (“Executive Order”) declaring a local emergency pursuant to Chapter 2.16 of the Santa Monica Municipal Code to ensure the availability an effective response to the Regional Fires; and
WHEREAS, pursuant to the Executive Order, the Executive Director of Emergency Services further: 1) relaxed permitting requirements for schools and child care and early education facilities that were displaced; 2) suspended preferential parking rules and enforcement of Santa Monica Municipal Code Chapters 6.20, Home-Sharing and Vacation Rentals, and 6.22, Residential Leasing Regulations for persons who provide alternative accommodations to persons displaced; 3) triggered prohibitions on pricegouging under the Santa Monica Municipal Code and the California Penal Code; 4) prohibited landlords from evicting residential tenants based on the presence of unauthorized occupants or pets, if the occupant or pet has been displaced due to an evacuation order or poor air quality conditions; 5) imposed a curfew in all areas subject to a mandatory evacuation order; 6) suspended all previously-issued building permits for areas subject to mandatory evacuation orders and evacuation warnings; 7) triggered emergency procurement and expenditure provisions under Chapter 2.16; and 8) permits bed and breakfasts and hotels and motels to allow stays beyond 30 days; and WHEREAS, on January 10, 2025, the Executive Director of Emergency Services issued a Revised Executive Order of the Director of Emergency Services of the City of Santa Monica Declaring the Existence of a Local Emergency (“Revised Executive Order”) restating the declaration of local emergency, and 1) prohibiting landscaping activities in Docusign Envelope ID: DF13D876-AC40-4464-BB69-0EA4CCC8645E

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Packet Pg. 453 Attachment: H-Fourth Supplement Executive Order Local Emergency April 16, 2025 (7227 : Fire Emergency Order Extension) 5 areas subject to a Mandatory Evacuation Order; and 2) making other minor amendments and clarifications; and
WHEREAS, on January 10, 2025, at a Special Meeting of the City Council, the Council adopted Resolution Number 11639 (CCS) to: 1) ratify the Executive Order and Revised Executive Order; 2) proclaim a local emergency throughout the City; and 3) authorize the Executive Director of Emergency Services to take all actions related to the protection of life and property that are reasonably necessary to respond to the local emergency caused by the Regional Fires; and
WHEREAS, on January 10, 2025, the City Council further directed staff to supplement the Executive Order to: 1) relax permitting requirements for small businesses and nonprofit organizations that were operating in Los Angeles County and have been impacted by the Regional Fires: 2) prioritize any necessary permitting and inspections for displaced schools, early childhood education centers, small businesses and nonprofit organizations, and clarify that strict adherence to building codes shall not be required on this temporary basis unless the provision directly affects health and safety; 3) grant priority on the City’s below market housing waitlist to households displaced by the Regional Fires with minor children currently attending SMMUSD schools or that work in the City at least 25 hours per week; 4) prohibit open flames during times of red flag warnings; and 5) make other minor clarifications and corrections; and WHEREAS, on January 14, 2025, the Executive Director of Emergency Services issued a Second Revised Executive Order of the Director of Emergency Services of the City of Santa Monica Declaring the Existence of a Local Emergency (“Second Revised Executive Order”) to implement Council direction; and
Docusign Envelope ID: DF13D876-AC40-4464-BB69-0EA4CCC8645E

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Packet Pg. 454 Attachment: H-Fourth Supplement Executive Order Local Emergency April 16, 2025 (7227 : Fire Emergency Order Extension) 6 WHEREAS, as of January 30, 2025, the Regional Fires destroyed more than 17,000 structures; and
WHEREAS, on January 31, 2025, the Executive Director of Emergency Services issued a First Supplement to the Executive Order to: 1) authorize schools with existing Conditional Use Permits in residential zones to expand to accommodate students from other campuses operated by the existing school displaced by the Regional Fires; 2) waive license fees for outdoor dining areas, sidewalk dining, parklets, and pier deck extended dining for the month of February 2025; 3) authorize the Finance Department to grant hotels and motels a 30-day extension for payment of Transient Occupancy Taxes and the Tourism Marketing District Assessment due for December 2024; and 4) expanding criteria for Tier 1 priority on the City’s below market housing waitlist for income-qualifying households impacted by the Regional Fires; and
WHEREAS, on February 25, 2025, the City Council adopted Resolution Number 11645 (CCS), ratifying the Executive Order, the Revised Executive Order, the Second Revised Executive Order, and the First Supplement to the Executive Order; and WHEREAS, on February 25, the City Council further gave direction to phase out suspension of enforcement of Santa Monica Municipal Code Chapter 6.20, HomeSharing and Vacation Rentals, enforcement of Santa Monica Municipal Code 6.22.050,

6.22.060, and 6.22.070, Residential Leasing Regulations, and to clarify tenant protections for persons displaced that obtained housing during the suspension; and WHEREAS, on March 19, 2025, the Executive Director of Emergency Services issued a Second Supplement to the Second Revised Executive Order to: 1) broaden the Order’s provisions to include schools and Child Care and Early Education Facilities that were expanding to accommodate students displaced by the Regional Fires; 2) terminate Docusign Envelope ID: DF13D876-AC40-4464-BB69-0EA4CCC8645E

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Packet Pg. 455 Attachment: H-Fourth Supplement Executive Order Local Emergency April 16, 2025 (7227 : Fire Emergency Order Extension) 7 suspension of enforcement of the provisions of Santa Monica Municipal Code Chapter

6.20, Home-Sharing and Vacation Rentals, as against persons who provide alternative accommodations within the City of Santa Monica to persons displaced by the Regional Fires is suspended; and enforcement of Santa Monica Municipal Code 6.22.050,

6.22.060, and 6.22.070, Residential Leasing Regulations, as against persons who (a) provide alternative accommodations within the City of Santa Monica to natural persons displaced by the Regional Fires and (b) sublease no more than one rental housing unit within the City through and including April 18, 2025 and clarify that persons occupying a rental unit pursuant to these provision receive tenant protections; 3) expand the 30-day extension for payment of TOT and TMD to any request made on or before April 30, 2025; and 4) suspend certain provisions of Santa Monica Municipal Code 9.31.280, Restaurants, Limited-Service and Take-Out Only, and 9.31.290, Restaurants with Entertainment, and specific alcohol-related standards and conditions of approval established pursuant to any Alcohol Determination, Alcohol Exemption, or Conditional Use Permit entitlements to allow for additional flexibility in alcohol sales and service through April 30, 2025; and
WHEREAS, on March 28, 2025, on March 19, 2025, the Executive Director of Emergency Services issued a Third Supplement to the Second Revised Executive Order to discount license fees by 50% for outdoor dining areas, sidewalk dining, parklets, and pier deck extended dining; and
WHEREAS, unexpected traffic impacts may occur as a result of schools that have been displaced by the Regional Fires operating or expanding within the City as a temporary use, which may be alleviated through a Parking and Loading Operations Plan; and
Docusign Envelope ID: DF13D876-AC40-4464-BB69-0EA4CCC8645E

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Packet Pg. 456 Attachment: H-Fourth Supplement Executive Order Local Emergency April 16, 2025 (7227 : Fire Emergency Order Extension) 8 WHEREAS, schools displaced by the Regional Fires that expect to operate within the City’s Downtown will experience unexpected costs arising out of parking fees for the City’s Downtown parking structure; and
WHEREAS, providing a discounted group rate to displaced schools will alleviate some unexpected financial burden while supporting use of the City’s Downtown parking structures; and
WHEREAS, in the months that have passed since the Regional Fires, persons displaced have had opportunity to find housing accommodations on a semi-permanent or permanent basis; and
WHEREAS, expiration of emergency measures allowing modifications to parking regulations for Temporary Preferential parking permits or 30 day Overnight Beach Residents & Guests will allow for normal parking operations to resume.

NOW, THEREFORE, I, Elaine Polachek, the Interim Director of Emergency Services for the City of Santa Monica, do hereby issue the following supplemental order to become effective immediately, subject to ratification by the Council as may be required by the Municipal Code.

IT HEREBY ORDERED THAT:

1. The Second Revised Executive Order shall continue in full force and effect, except as modified and supplemented by the First, Second and Third Supplements, and this Fourth Supplement.

2. Section 1 of the Second Revised Executive Order as amended by the First and Second Supplements to the Executive Order is hereby amended as follows:

Schools, as that term is defined by Santa Monica Municipal Code Section

9.51.030(A)(11), and Child Care and Early Education Facilities, as that term is defined by Docusign Envelope ID: DF13D876-AC40-4464-BB69-0EA4CCC8645E

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Packet Pg. 457 Attachment: H-Fourth Supplement Executive Order Local Emergency April 16, 2025 (7227 : Fire Emergency Order Extension) 9 Santa Monica Municipal Code Section 9.51.030(A)(3) that were displaced by the Regional Fires or expansions to existing schools to accommodate students displaced by the Regional Fires may operate within the City’s non-residential zones as a temporary use without first obtaining a Conditional Use Permit or a Temporary Use Permit; in addition, small businesses, as that term is defined by the United States Small Business Administration at 13 CFR § 121.105, and nonprofit organizations, that were operating in Los Angeles County and have been impacted or displaced by the Regional Fires may operate within the City as a temporary permitted use without first obtaining a Temporary Use Permit. Schools with existing Conditional Use Permits in residential zones that are subject to occupancy limitations may expand to accommodate students from other campuses operated by the existing school displaced by the Regional Fires. Prior to occupancy and upon request by the City, schools operating or expanding under this Section shall submit a Parking and Loading Operations Plan to the Director of the Community Development Department for review and approval, which may be amended from time to time.

City Staff shall also prioritize any necessary permitting and inspections required, and strict adherence to building codes shall not be required on this temporary basis unless the provision directly affects health and safety; since it is the intent to accommodate those affected beyond the immediate fire emergency threat, City Staff are also directed to prepare and offer for Council approval solutions that would allow those schools, child care and early education facilities, small businesses and nonprofits displaced and temporarily relocating pursuant to this provision to remain for six to twelve months (or longer, as may be directed by Council) following their displacement.

Docusign Envelope ID: DF13D876-AC40-4464-BB69-0EA4CCC8645E

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Packet Pg. 458 Attachment: H-Fourth Supplement Executive Order Local Emergency April 16, 2025 (7227 : Fire Emergency Order Extension) 10 3. Schools operating or expanding under Section 1 to the Second Revised Emergency Order, as amended, that are located within the Downtown shall be eligible for discounted monthly parking passes for the City’s Downtown parking structures pursuant to a pro rata monthly Group Discount Rate for the 35 remaining school days of the Spring 2025 Semester at a rate of $192.50 per parking pass (which equates to a daily rate of $5.50 per day).

4. Modifications to parking regulations for Temporary Preferential parking permits or 30 day Overnight Beach Residents & Guests permits set forth in Section 2 of the Second Revised Emergency Order shall be of no further force and effect as of April 30, 2025, and no permits shall be issued pursuant to those modified parking regulations after April 30, 2025.

ADOPTED this 16th day of April 2025.
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ATTEST:
___________________ By: _____________________________

NIKIMA NEWSOME ELAINE POLACHEK
City Clerk Interim City Manager
Interim Director of Emergency Services
APPROVED AS TO FORM:
______________________

DOUGLAS SLOAN
City Attorney
Docusign Envelope ID: DF13D876-AC40-4464-BB69-0EA4CCC8645E 4/16/2025
4/16/2025
4/16/2025

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Packet Pg. 459 Attachment: H-Fourth Supplement Executive Order Local Emergency April 16, 2025 (7227 : Fire Emergency Order Extension) 1 FIFTH SUPPLEMENT TO THE EXECUTIVE ORDER OF THE DIRECTOR OF

EMERGENCY SERVICES DECLARING THE EXISTENCE OF A LOCAL

EMERGENCY
WHEREAS, life-threatening, destructive, widespread windstorm and extreme fire weather system commenced on Tuesday, January 7, 2025, impacting the Los Angeles metropolitan area, including the City of Santa Monica and the County and City of Los Angeles, and threatening life and safety, public and private property and structures, and other critical infrastructure; and
WHEREAS, the National Weather Service advised that damaging N/NE gusts of 50-80 mph, as well as isolated 80-100 mph in the mountains and foothills, were expected across most of Los Angeles metropolitan area; and
WHEREAS, commencing on January 7, 2025, the Palisades Fire and other major fires, including, but not limited to, the Eaton Fire located primarily in Altadena (Regional Fires) ignited in Los Angeles County, burning over well over 40,000 acres; and WHEREAS, high winds, low humidity, and dry conditions increased the intensity and spread of the Regional Fires, causing imminent threats to life with Red Flag warnings in effect in Los Angeles and Ventura Counties and widespread dangerous windstorm conditions with damaging wind gusts of 50 to 80 mph were forecasted; and WHEREAS, the Regional Fires and windstorm conditions threatened structures, homes, and critical infrastructure, including power lines and water tanks, prompted evacuation orders and warnings, and impacted the access route to the Regional Fires communities; and
Docusign Envelope ID: EAD4D7E4-519B-428F-B671-F9B1EE564BC1

4.K.i
Packet Pg. 460 Attachment: I-Fifth Supplement Executive Order Local Emergency April 29, 2025 (7227 : Fire Emergency Order Extension) 2 WHEREAS, along with the windstorm, the Regional Fires spread across more than 40,000 acres, damaging or destroying structures and prompting evacuation orders and road closures, and continued to threaten structures, homes and critical infrastructure over multiple days; and
WHEREAS, the National Weather Service issued a rare Particularly Dangerous Situation (PDS) Red Flag warning for 19 million people in the Los Angeles metropolitan area, which means there is a high risk of extreme fire behavior and very rapid growth due to dangerously high winds, low humidity and extremely dry vegetation; and WHEREAS, this weather system caused extreme conditions such as power outages, damage to power poles, fallen trees, and extreme fire behavior, impacting significant transportation arteries, requiring long-term repair and threatening the integrity of the critical infrastructure; and
WHEREAS, based upon the above events, by reason of its magnitude, and the need to protect the health, safety, and welfare of the residents and property of the City of Santa Monica, and aid in the assistance of those affected by the Regional Fires, these events created conditions likely to become beyond the control of the normal services, personnel, equipment, and facilities of the regularly constituted branches and departments of the City Government, and that such emergency conditions require the mobilization of mutual aid resources and the ability to coordinate a multiagency response; and
WHEREAS, on January 7, 2025, as a result of the widespread windstorm and extreme fire weather, the Los Angeles County Board of Supervisors proclaimed a Local Emergency in the County of Los Angeles; and
Docusign Envelope ID: EAD4D7E4-519B-428F-B671-F9B1EE564BC1

4.K.i
Packet Pg. 461 Attachment: I-Fifth Supplement Executive Order Local Emergency April 29, 2025 (7227 : Fire Emergency Order Extension) 3 WHEREAS, on January 7, 2025, the Mayor of the City of Los Angeles declared the existence of a Local Emergency throughout the City of Los Angeles to take such steps that are necessary for the protection of life and property; and WHEREAS, on January 7, 2025, the Governor of the State of California declared a state of emergency to make additional resources available; and WHEREAS, the City of Santa Monica (the City) has a population of over 90,000 residents, is a major tourist destination, has two major hospitals and an airport within its jurisdiction, is a significant destination for business travel, and is adjacent to and contiguous on three sides with the City of Los Angeles, resulting in high volumes of residents and visitors traveling within and across the City’s borders; and WHEREAS, on January 7, 2025, the City activated its Emergency Operations Center to support ongoing emergency actions in response to the spread of the Regional Fires; and
WHEREAS, the City intends to continue to take bold and aggressive actions to protect the public health and safety during this local and state emergency; and WHEREAS, the above-described events created conditions of extreme peril and such conditions are likely to be beyond the control of the services, personnel, equipment, and facilities of the City, requiring the combined forces of other political subdivisions to combat; and
WHEREAS, the Regional Fires have displaced many thousands of residents who are in need of temporary housing; and
WHEREAS, on January 8, 2025, the City Manager, in his role as the Director of Emergency Services, (“Executive Director of Emergency Services”) issued an Executive Order of the Director of Emergency Services of the City of Santa Monica Declaring the Docusign Envelope ID: EAD4D7E4-519B-428F-B671-F9B1EE564BC1

4.K.i
Packet Pg. 462 Attachment: I-Fifth Supplement Executive Order Local Emergency April 29, 2025 (7227 : Fire Emergency Order Extension) 4 Existence of a Local Emergency (“Executive Order”) declaring a local emergency pursuant to Chapter 2.16 of the Santa Monica Municipal Code to ensure the availability an effective response to the Regional Fires; and
WHEREAS, pursuant to the Executive Order, the Executive Director of Emergency Services further: 1) relaxed permitting requirements for schools and child care and early education facilities that were displaced; 2) suspended preferential parking rules and enforcement of Santa Monica Municipal Code Chapters 6.20, Home-Sharing and Vacation Rentals, and 6.22, Residential Leasing Regulations for persons who provide alternative accommodations to persons displaced; 3) triggered prohibitions on pricegouging under the Santa Monica Municipal Code and the California Penal Code; 4) prohibited landlords from evicting residential tenants based on the presence of unauthorized occupants or pets, if the occupant or pet has been displaced due to an evacuation order or poor air quality conditions; 5) imposed a curfew in all areas subject to a mandatory evacuation order; 6) suspended all previously-issued building permits for areas subject to mandatory evacuation orders and evacuation warnings; 7) triggered emergency procurement and expenditure provisions under Chapter 2.16; and 8) permits bed and breakfasts and hotels and motels to allow stays beyond 30 days; and WHEREAS, on January 10, 2025, the Executive Director of Emergency Services issued a Revised Executive Order of the Director of Emergency Services of the City of Santa Monica Declaring the Existence of a Local Emergency (“Revised Executive Order”) restating the declaration of local emergency, and 1) prohibiting landscaping activities in areas subject to a Mandatory Evacuation Order; and 2) making other minor amendments and clarifications; and
Docusign Envelope ID: EAD4D7E4-519B-428F-B671-F9B1EE564BC1

4.K.i
Packet Pg. 463 Attachment: I-Fifth Supplement Executive Order Local Emergency April 29, 2025 (7227 : Fire Emergency Order Extension) 5 WHEREAS, on January 10, 2025, at a Special Meeting of the City Council, the Council adopted Resolution Number 11639 (CCS) to: 1) ratify the Executive Order and Revised Executive Order; 2) proclaim a local emergency throughout the City; and 3) authorize the Executive Director of Emergency Services to take all actions related to the protection of life and property that are reasonably necessary to respond to the local emergency caused by the Regional Fires; and
WHEREAS, on January 10, 2025, the City Council further directed staff to supplement the Executive Order to: 1) relax permitting requirements for small businesses and nonprofit organizations that were operating in Los Angeles County and have been impacted by the Regional Fires: 2) prioritize any necessary permitting and inspections for displaced schools, early childhood education centers, small businesses and nonprofit organizations, and clarify that strict adherence to building codes shall not be required on this temporary basis unless the provision directly affects health and safety; 3) grant priority on the City’s below market housing waitlist to households displaced by the Regional Fires with minor children currently attending SMMUSD schools or that work in the City at least 25 hours per week; 4) prohibit open flames during times of red flag warnings; and 5) make other minor clarifications and corrections; and WHEREAS, on January 14, 2025, the Executive Director of Emergency Services issued a Second Revised Executive Order of the Director of Emergency Services of the City of Santa Monica Declaring the Existence of a Local Emergency (“Second Revised Executive Order”) to implement Council direction; and
WHEREAS, as of January 30, 2025, the Regional Fires destroyed more than 17,000 structures; and
Docusign Envelope ID: EAD4D7E4-519B-428F-B671-F9B1EE564BC1

4.K.i
Packet Pg. 464 Attachment: I-Fifth Supplement Executive Order Local Emergency April 29, 2025 (7227 : Fire Emergency Order Extension) 6 WHEREAS, on January 31, 2025, the Executive Director of Emergency Services issued a First Supplement to the Executive Order to: 1) authorize schools with existing Conditional Use Permits in residential zones to expand to accommodate students from other campuses operated by the existing school displaced by the Regional Fires; 2) waive license fees for outdoor dining areas, sidewalk dining, parklets, and pier deck extended dining for the month of February 2025; 3) authorize the Finance Department to grant hotels and motels a 30-day extension for payment of Transient Occupancy Taxes and the Tourism Marketing District Assessment due for December 2024; and 4) expanding criteria for Tier 1 priority on the City’s below market housing waitlist for income-qualifying households impacted by the Regional Fires; and
WHEREAS, on February 25, 2025, the City Council adopted Resolution Number 11645 (CCS), ratifying the Executive Order, the Revised Executive Order, the Second Revised Executive Order, and the First Supplement to the Executive Order; and WHEREAS, on February 25, the City Council further gave direction to phase out suspension of enforcement of Santa Monica Municipal Code Chapter 6.20, HomeSharing and Vacation Rentals, enforcement of Santa Monica Municipal Code 6.22.050,

6.22.060, and 6.22.070, Residential Leasing Regulations, and to clarify tenant protections for persons displaced that obtained housing during the suspension; and WHEREAS, on March 19, 2025, the Interim Executive Director of Emergency Services issued a Second Supplement to the Second Revised Executive Order to: 1) broaden the Order’s provisions to include schools and Child Care and Early Education Facilities that were expanding to accommodate students displaced by the Regional Fires; 2) terminate the portion of Section 3 of the Second Revised Emergency Order suspending enforcement of the provisions of the City’s Home-Sharing Ordinance as of April 18, 2025, Docusign Envelope ID: EAD4D7E4-519B-428F-B671-F9B1EE564BC1

4.K.i
Packet Pg. 465 Attachment: I-Fifth Supplement Executive Order Local Emergency April 29, 2025 (7227 : Fire Emergency Order Extension) 7 and clarify that the resumption of enforcement does not require the eviction of any person occupying a rental unit pursuant to Section 3 of the Second Revised Emergency Order or terminate any tenant rights that any such person may have acquired; 3) expand the 30-day extension for payment of TOT and TMD to any request made on or before April 30, 2025; and 4) suspend certain provisions of Santa Monica Municipal Code 9.31.280, Restaurants, Limited-Service and Take-Out Only, and 9.31.290, Restaurants with Entertainment, and specific alcohol-related standards and conditions of approval established pursuant to any Alcohol Determination, Alcohol Exemption, or Conditional Use Permit entitlements to allow for additional flexibility in alcohol sales and service through April 30, 2025; and
WHEREAS, on March 28, 2025, the Interim Executive Director of Emergency Services issued a Third Supplement to the Second Revised Executive Order to discount license fees by 50% for outdoor dining areas, sidewalk dining, parklets, and pier deck extended dining for the month of March 2025; and
WHEREAS, unexpected traffic impacts may occur as a result of schools that have been displaced by the Regional Fires operating or expanding within the City as a temporary use, which may be alleviated through a Parking and Loading Operations Plan; and
WHEREAS, schools displaced by the Regional Fires that expect to operate within the City’s Downtown will experience unexpected costs arising out of parking fees for the City’s Downtown parking structure; and
WHEREAS, providing a discounted group rate to displaced schools will alleviate some unexpected financial burden while supporting use of the City’s Downtown parking structures; and
Docusign Envelope ID: EAD4D7E4-519B-428F-B671-F9B1EE564BC1

4.K.i
Packet Pg. 466 Attachment: I-Fifth Supplement Executive Order Local Emergency April 29, 2025 (7227 : Fire Emergency Order Extension) 8 WHEREAS, in the months that have passed since the Regional Fires, persons displaced have had opportunity to find housing accommodations on a semi-permanent or permanent basis; and
WHEREAS, expiration of emergency measures allowing modifications to parking regulations for Temporary Preferential parking permits or 30 day Overnight Beach Residents & Guests will allow for normal parking operations to resume; and WHEREAS, on April 16, 2025, the Interim Executive Director of Emergency Services issued a Second Supplement to the Second Revised Executive Order to: 1) require schools operating or expanding under Section 1o to the Second Revised Emergency Order, as amended, to submit a Parking and Loading Operations Plan to the City; 2) provide a pro rata monthly Group Discount Rate for the City’s Downtown Parking Structures for the 35 remaining days of the Spring 2025 Semester for schools operating or expanding under Section 1 to the Second Revised Emergency Order, as amended, that are located within the Downtown; and 3) terminate modifications to parking regulations for Temporary Preferential parking permits or 30 day Overnight Beach Residents & Guests permits set forth in Section 2 of the Second Revised Emergency Order as of April 30, 2025; and
WHEREAS, on April 22, 2025, the City Council adopted Resolution Number 11659 (CCS), re-ratifying the Executive Order, the First and Second Revised Executive Order, and the First Supplement to the Executive Order, and ratifying the Second, Third, and Fourth Supplements to the Executive Order; and
WHEREAS, on April 22, 2025, the Council provided further direction to extend the provisions of Section 5 of the Second Supplement to the Emergency Order, which suspended certain provisions of Santa Monica Municipal Code 9.31.280, Restaurants, Docusign Envelope ID: EAD4D7E4-519B-428F-B671-F9B1EE564BC1

4.K.i
Packet Pg. 467 Attachment: I-Fifth Supplement Executive Order Local Emergency April 29, 2025 (7227 : Fire Emergency Order Extension) 9 Limited-Service and Take-Out Only, and 9.31.290, Restaurants with Entertainment, and specific alcohol-related standards and conditions of approval established pursuant to any Alcohol Determination, Alcohol Exemption, or Conditional Use Permit entitlements to allow for additional flexibility in alcohol sales and service through April 30, 2025, for an additional 60 days; and
WHEREAS, this extension will provide additional opportunities for economic recovery for local businesses.

NOW, THEREFORE, I, Elaine Polachek, the Interim Director of Emergency Services for the City of Santa Monica, do hereby issue the following supplemental order to become effective immediately, subject to ratification by the Council as may be required by the Municipal Code.

IT HEREBY ORDERED THAT:

1. The Second Revised Executive Order shall continue in full force and effect, except as modified and supplemented by the First, Second, Third and Fourth Supplements, and this Fifth Supplement.

2. The provisions of Section 5 of the Second Supplement are hereby extended and shall terminate on June 30, 2025, at 11:59 p.m., unless extended or expressly superseded by a further order of the Director of Emergency Services. //
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//
//
//
//
Docusign Envelope ID: EAD4D7E4-519B-428F-B671-F9B1EE564BC1

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Packet Pg. 468 Attachment: I-Fifth Supplement Executive Order Local Emergency April 29, 2025 (7227 : Fire Emergency Order Extension) 10 ADOPTED this 29th day of April 2025.

ATTEST:
___________________ By: _____________________________

NIKIMA NEWSOME ELAINE POLACHEK
City Clerk Interim City Manager
Interim Director of Emergency Services
APPROVED AS TO FORM:
______________________

DOUGLAS SLOAN
City Attorney
Docusign Envelope ID: EAD4D7E4-519B-428F-B671-F9B1EE564BC1 4/29/2025
4/29/2025
4/29/2025

4.K.i
Packet Pg. 469 Attachment: I-Fifth Supplement Executive Order Local Emergency April 29, 2025 (7227 : Fire Emergency Order Extension) 1 SIXTH SUPPLEMENT TO THE EXECUTIVE ORDER OF THE DIRECTOR OF

EMERGENCY SERVICES DECLARING THE EXISTENCE OF A LOCAL

EMERGENCY
WHEREAS, life-threatening, destructive, widespread windstorm and extreme fire weather system commenced on Tuesday, January 7, 2025, impacting the Los Angeles metropolitan area, including the City of Santa Monica and the County and City of Los Angeles, and threatening life and safety, public and private property and structures, and other critical infrastructure; and
WHEREAS, the National Weather Service advised that damaging N/NE gusts of 50-80 mph, as well as isolated 80-100 mph in the mountains and foothills, were expected across most of Los Angeles metropolitan area; and
WHEREAS, commencing on January 7, 2025, the Palisades Fire and other major fires, including, but not limited to, the Eaton Fire located primarily in Altadena (Regional Fires) ignited in Los Angeles County, burning over well over 40,000 acres; and WHEREAS, high winds, low humidity, and dry conditions increased the intensity and spread of the Regional Fires, causing imminent threats to life with Red Flag warnings in effect in Los Angeles and Ventura Counties and widespread dangerous windstorm conditions with damaging wind gusts of 50 to 80 mph were forecasted; and WHEREAS, the Regional Fires and windstorm conditions threatened structures, homes, and critical infrastructure, including power lines and water tanks, prompted evacuation orders and warnings, and impacted the access route to the Regional Fires communities; and
Docusign Envelope ID: 507CD99A-1B65-40BF-A691-63FA9E08A6CB

4.K.j
Packet Pg. 470 Attachment: J-Sixth Supplement Executive Order Local Emergency June 26, 2025 (7227 : Fire Emergency Order Extension) 2 WHEREAS, along with the windstorm, the Regional Fires spread across more than 40,000 acres, damaging or destroying structures and prompting evacuation orders and road closures, and continued to threaten structures, homes and critical infrastructure over multiple days; and
WHEREAS, the National Weather Service issued a rare Particularly Dangerous Situation (PDS) Red Flag warning for 19 million people in the Los Angeles metropolitan area, which means there is a high risk of extreme fire behavior and very rapid growth due to dangerously high winds, low humidity and extremely dry vegetation; and WHEREAS, this weather system caused extreme conditions such as power outages, damage to power poles, fallen trees, and extreme fire behavior, impacting significant transportation arteries, requiring long-term repair and threatening the integrity of the critical infrastructure; and
WHEREAS, based upon the above events, by reason of its magnitude, and the need to protect the health, safety, and welfare of the residents and property of the City of Santa Monica, and aid in the assistance of those affected by the Regional Fires, these events created conditions likely to become beyond the control of the normal services, personnel, equipment, and facilities of the regularly constituted branches and departments of the City Government, and that such emergency conditions require the mobilization of mutual aid resources and the ability to coordinate a multiagency response; and
WHEREAS, on January 7, 2025, as a result of the widespread windstorm and extreme fire weather, the Los Angeles County Board of Supervisors proclaimed a Local Emergency in the County of Los Angeles; and
Docusign Envelope ID: 507CD99A-1B65-40BF-A691-63FA9E08A6CB

4.K.j
Packet Pg. 471 Attachment: J-Sixth Supplement Executive Order Local Emergency June 26, 2025 (7227 : Fire Emergency Order Extension) 3 WHEREAS, on January 7, 2025, the Mayor of the City of Los Angeles declared the existence of a Local Emergency throughout the City of Los Angeles to take such steps that are necessary for the protection of life and property; and WHEREAS, on January 7, 2025, the Governor of the State of California declared a state of emergency to make additional resources available; and WHEREAS, the City of Santa Monica (the City) has a population of over 90,000 residents, is a major tourist destination, has two major hospitals and an airport within its jurisdiction, is a significant destination for business travel, and is adjacent to and contiguous on three sides with the City of Los Angeles, resulting in high volumes of residents and visitors traveling within and across the City’s borders; and WHEREAS, on January 7, 2025, the City activated its Emergency Operations Center to support ongoing emergency actions in response to the spread of the Regional Fires; and
WHEREAS, the City intends to continue to take bold and aggressive actions to protect the public health and safety during this local and state emergency; and WHEREAS, the above-described events created conditions of extreme peril and such conditions are likely to be beyond the control of the services, personnel, equipment, and facilities of the City, requiring the combined forces of other political subdivisions to combat; and
WHEREAS, the Regional Fires have displaced many thousands of residents who are in need of temporary housing; and
WHEREAS, on January 8, 2025, the City Manager, in his role as the Director of Emergency Services, (“Executive Director of Emergency Services”) issued an Executive Order of the Director of Emergency Services of the City of Santa Monica Declaring the Docusign Envelope ID: 507CD99A-1B65-40BF-A691-63FA9E08A6CB

4.K.j
Packet Pg. 472 Attachment: J-Sixth Supplement Executive Order Local Emergency June 26, 2025 (7227 : Fire Emergency Order Extension) 4 Existence of a Local Emergency (“Executive Order”) declaring a local emergency pursuant to Chapter 2.16 of the Santa Monica Municipal Code to ensure the availability an effective response to the Regional Fires; and
WHEREAS, pursuant to the Executive Order, the Executive Director of Emergency Services further: 1) relaxed permitting requirements for schools and child care and early education facilities that were displaced; 2) suspended preferential parking rules and enforcement of Santa Monica Municipal Code Chapters 6.20, Home-Sharing and Vacation Rentals, and 6.22, Residential Leasing Regulations for persons who provide alternative accommodations to persons displaced; 3) triggered prohibitions on pricegouging under the Santa Monica Municipal Code and the California Penal Code; 4) prohibited landlords from evicting residential tenants based on the presence of unauthorized occupants or pets, if the occupant or pet has been displaced due to an evacuation order or poor air quality conditions; 5) imposed a curfew in all areas subject to a mandatory evacuation order; 6) suspended all previously-issued building permits for areas subject to mandatory evacuation orders and evacuation warnings; 7) triggered emergency procurement and expenditure provisions under Chapter 2.16; and 8) permits bed and breakfasts and hotels and motels to allow stays beyond 30 days; and WHEREAS, on January 10, 2025, the Executive Director of Emergency Services issued a Revised Executive Order of the Director of Emergency Services of the City of Santa Monica Declaring the Existence of a Local Emergency (“Revised Executive Order”) restating the declaration of local emergency, and 1) prohibiting landscaping activities in areas subject to a Mandatory Evacuation Order; and 2) making other minor amendments and clarifications; and
Docusign Envelope ID: 507CD99A-1B65-40BF-A691-63FA9E08A6CB

4.K.j
Packet Pg. 473 Attachment: J-Sixth Supplement Executive Order Local Emergency June 26, 2025 (7227 : Fire Emergency Order Extension) 5 WHEREAS, on January 10, 2025, at a Special Meeting of the City Council, the Council adopted Resolution Number 11639 (CCS) to: 1) ratify the Executive Order and Revised Executive Order; 2) proclaim a local emergency throughout the City; and 3) authorize the Executive Director of Emergency Services to take all actions related to the protection of life and property that are reasonably necessary to respond to the local emergency caused by the Regional Fires; and
WHEREAS, on January 10, 2025, the City Council further directed staff to supplement the Executive Order to: 1) relax permitting requirements for small businesses and nonprofit organizations that were operating in Los Angeles County and have been impacted by the Regional Fires: 2) prioritize any necessary permitting and inspections for displaced schools, early childhood education centers, small businesses and nonprofit organizations, and clarify that strict adherence to building codes shall not be required on this temporary basis unless the provision directly affects health and safety; 3) grant priority on the City’s below market housing waitlist to households displaced by the Regional Fires with minor children currently attending SMMUSD schools or that work in the City at least 25 hours per week; 4) prohibit open flames during times of red flag warnings; and 5) make other minor clarifications and corrections; and WHEREAS, on January 14, 2025, the Executive Director of Emergency Services issued a Second Revised Executive Order of the Director of Emergency Services of the City of Santa Monica Declaring the Existence of a Local Emergency (“Second Revised Executive Order”) to implement Council direction; and
WHEREAS, as of January 30, 2025, the Regional Fires destroyed more than 17,000 structures; and
Docusign Envelope ID: 507CD99A-1B65-40BF-A691-63FA9E08A6CB

4.K.j
Packet Pg. 474 Attachment: J-Sixth Supplement Executive Order Local Emergency June 26, 2025 (7227 : Fire Emergency Order Extension) 6 WHEREAS, on January 31, 2025, the Executive Director of Emergency Services issued a First Supplement to the Executive Order to: 1) authorize schools with existing Conditional Use Permits in residential zones to expand to accommodate students from other campuses operated by the existing school displaced by the Regional Fires; 2) waive license fees for outdoor dining areas, sidewalk dining, parklets, and pier deck extended dining for the month of February 2025; 3) authorize the Finance Department to grant hotels and motels a 30-day extension for payment of Transient Occupancy Taxes and the Tourism Marketing District Assessment due for December 2024; and 4) expanding criteria for Tier 1 priority on the City’s below market housing waitlist for income-qualifying households impacted by the Regional Fires; and
WHEREAS, on February 25, 2025, the City Council adopted Resolution Number 11645 (CCS), ratifying the Executive Order, the Revised Executive Order, the Second Revised Executive Order, and the First Supplement to the Executive Order; and WHEREAS, on February 25, the City Council further gave direction to phase out suspension of enforcement of Santa Monica Municipal Code Chapter 6.20, HomeSharing and Vacation Rentals, enforcement of Santa Monica Municipal Code 6.22.050,

6.22.060, and 6.22.070, Residential Leasing Regulations, and to clarify tenant protections for persons displaced that obtained housing during the suspension; and WHEREAS, on March 19, 2025, the Interim Executive Director of Emergency Services issued a Second Supplement to the Second Revised Executive Order to: 1) broaden the Order’s provisions to include schools and Child Care and Early Education Facilities that were expanding to accommodate students displaced by the Regional Fires; 2) terminate the portion of Section 3 of the Second Revised Emergency Order suspending enforcement of the provisions of the City’s Home-Sharing Ordinance as of April 18, 2025, Docusign Envelope ID: 507CD99A-1B65-40BF-A691-63FA9E08A6CB

4.K.j
Packet Pg. 475 Attachment: J-Sixth Supplement Executive Order Local Emergency June 26, 2025 (7227 : Fire Emergency Order Extension) 7 and clarify that the resumption of enforcement does not require the eviction of any person occupying a rental unit pursuant to Section 3 of the Second Revised Emergency Order or terminate any tenant rights that any such person may have acquired; 3) expand the 30-day extension for payment of TOT and TMD to any request made on or before April 30, 2025; and 4) suspend certain provisions of Santa Monica Municipal Code 9.31.280, Restaurants, Limited-Service and Take-Out Only, and 9.31.290, Restaurants with Entertainment, and specific alcohol-related standards and conditions of approval established pursuant to any Alcohol Determination, Alcohol Exemption, or Conditional Use Permit entitlements to allow for additional flexibility in alcohol sales and service through April 30, 2025; and
WHEREAS, on March 28, 2025, the Interim Executive Director of Emergency Services issued a Third Supplement to the Second Revised Executive Order to discount license fees by 50% for outdoor dining areas, sidewalk dining, parklets, and pier deck extended dining for the month of March 2025; and
WHEREAS, unexpected traffic impacts may occur as a result of schools that have been displaced by the Regional Fires operating or expanding within the City as a temporary use, which may be alleviated through a Parking and Loading Operations Plan; and
WHEREAS, schools displaced by the Regional Fires that expect to operate within the City’s Downtown will experience unexpected costs arising out of parking fees for the City’s Downtown parking structure; and
WHEREAS, providing a discounted group rate to displaced schools will alleviate some unexpected financial burden while supporting use of the City’s Downtown parking structures; and
Docusign Envelope ID: 507CD99A-1B65-40BF-A691-63FA9E08A6CB

4.K.j
Packet Pg. 476 Attachment: J-Sixth Supplement Executive Order Local Emergency June 26, 2025 (7227 : Fire Emergency Order Extension) 8 WHEREAS, in the months that have passed since the Regional Fires, persons displaced have had opportunity to find housing accommodations on a semi-permanent or permanent basis; and
WHEREAS, expiration of emergency measures allowing modifications to parking regulations for Temporary Preferential parking permits or 30 day Overnight Beach Residents & Guests will allow for normal parking operations to resume; and WHEREAS, on April 16, 2025, the Interim Executive Director of Emergency Services issued a Second Supplement to the Second Revised Executive Order to: 1) require schools operating or expanding under Section 1o to the Second Revised Emergency Order, as amended, to submit a Parking and Loading Operations Plan to the City; 2) provide a pro rata monthly Group Discount Rate for the City’s Downtown Parking Structures for the 35 remaining days of the Spring 2025 Semester for schools operating or expanding under Section 1 to the Second Revised Emergency Order, as amended, that are located within the Downtown; and 3) terminate modifications to parking regulations for Temporary Preferential parking permits or 30 day Overnight Beach Residents & Guests permits set forth in Section 2 of the Second Revised Emergency Order as of April 30, 2025; and
WHEREAS, on April 22, 2025, the City Council adopted Resolution Number 11659 (CCS), re-ratifying the Executive Order, the First and Second Revised Executive Order, and the First Supplement to the Executive Order, and ratifying the Second, Third, and Fourth Supplements to the Executive Order; and
WHEREAS, on April 22, 2025, the Council provided further direction to extend the provisions of Section 5 of the Second Supplement to the Emergency Order, which suspended certain provisions of Santa Monica Municipal Code 9.31.280, Restaurants, Docusign Envelope ID: 507CD99A-1B65-40BF-A691-63FA9E08A6CB

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Packet Pg. 477 Attachment: J-Sixth Supplement Executive Order Local Emergency June 26, 2025 (7227 : Fire Emergency Order Extension) 9 Limited-Service and Take-Out Only, and 9.31.290, Restaurants with Entertainment, and specific alcohol-related standards and conditions of approval established pursuant to any Alcohol Determination, Alcohol Exemption, or Conditional Use Permit entitlements to allow for additional flexibility in alcohol sales and service through April 30, 2025, for an additional 60 days; and
WHEREAS, on April 29, 2025, the Executive Director of Emergency Services issued a Fifth Supplement to the Second Revised Executive Order to implement Council direction from April 22 and extend the provisions of Section 5 to the Second Supplement through June 30, 2025; and
WHEREAS, on June 10, 2025, the City Council adopted Resolution Number 11668 (CCS), re-ratifying the Executive Order, the First and Second Revised Executive Order, and the First, Second, Third and Fourth Supplements to the Executive Order, and ratifying the Fifth Supplement to the Executive Order; and
WHEREAS, although the immediate fire danger has subsided, the City has continued to receive requests to accommodate individuals, schools, and businesses displaced by the Regional Fires; and
WHEREAS, the City has received additional inquiries from displaced schools, early childhood education centers, and small businesses seeking flexibility from regulations in order to temporarily or permanently relocate to the City; and WHEREAS, allowing for this additional flexibility will support displaced residents, students and businesses in their recovery from the Regional Fires while further supporting the City’s economic recovery efforts; and
WHEREAS, local businesses have reported that they are still experiencing economic impacts from the Regional Fires and face resulting economic uncertainty; and Docusign Envelope ID: 507CD99A-1B65-40BF-A691-63FA9E08A6CB

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Packet Pg. 478 Attachment: J-Sixth Supplement Executive Order Local Emergency June 26, 2025 (7227 : Fire Emergency Order Extension) 10 WHEREAS further extending the provisions of Section 5 of the Second Supplement to the Emergency Order, which suspended certain provisions of Santa Monica Municipal Code 9.31.280, Restaurants, Limited-Service and Take-Out Only, and

9.31.290, Restaurants with Entertainment, and specific alcohol-related standards and conditions of approval established pursuant to any Alcohol Determination, Alcohol Exemption, or Conditional Use Permit entitlements to allow for additional flexibility in alcohol sales, will provide additional opportunities for economic recovery for local businesses.

NOW, THEREFORE, I, Elaine Polachek, the Interim Director of Emergency Services for the City of Santa Monica, do hereby issue the following supplemental order to become effective immediately, subject to ratification by the Council as may be required by the Municipal Code.

IT HEREBY ORDERED THAT:

1. The Second Revised Executive Order shall continue in full force and effect, except as modified and supplemented by the First, Second, Third, Fourth and Fifth Supplements, and this Sixth Supplement.

2. Section 1 of the Second Revised Executive Order, as amended by the First, Second and Fourth Supplements to the Executive Order, is hereby amended as follows:

A. Within the City’s non-residential zones:

1. Schools, as that term is defined by Santa Monica Municipal Code Section 9.51.030(A)(11), and Child Care and Early Education Facilities, as that term is defined by Santa Monica Municipal Code Section 9.51.030(A)(3) that were displaced by the Regional Fires or expansions to existing schools to accommodate students displaced by the Regional Fires may operate within the City’s nonDocusign Envelope ID: 507CD99A-1B65-40BF-A691-63FA9E08A6CB

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Packet Pg. 479 Attachment: J-Sixth Supplement Executive Order Local Emergency June 26, 2025 (7227 : Fire Emergency Order Extension) 11 residential zones as a temporary use without first obtaining a Conditional Use Permit or a Temporary Use Permit; and

2. in addition, small Small businesses, as that term is defined by the United States Small Business Administration at 13 CFR § 121.105, and nonprofit organizations, that were operating in Los Angeles County and have been impacted or displaced by the Regional Fires may operate within the City without first obtaining a Conditional Use Permit, or as a temporary permitted use without first obtaining a Temporary Use Permit.

B. Within the City’s Residential Zones, Schools with existing Conditional Use Permits in residential zones that are subject to occupancy limitations may expand to accommodate students from other campuses operated by the existing school displaced by the Regional Fires; Child Care and Early Education Facilities displaced by the Regional Fires may operate as a permitted use in existing buildings that were previously used as Child Care and Early Education Facilities.

C. Prior to occupancy and upon request by the City, schools operating or expanding under this Section shall submit a Parking and Loading Operations Plan to the Director of the Community Development Department for review and approval, which may be amended from time to time.

D. City Staff shall also prioritize any necessary permitting and inspections required, and strict adherence to building codes shall not be required on this temporary basis unless the provision directly affects health and safety; since it is the intent to accommodate those affected beyond the immediate fire emergency threat, City Staff are also directed to prepare and offer for Council approval solutions that would allow those schools, child care and early education facilities, small businesses and nonprofits Docusign Envelope ID: 507CD99A-1B65-40BF-A691-63FA9E08A6CB

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Packet Pg. 480 Attachment: J-Sixth Supplement Executive Order Local Emergency June 26, 2025 (7227 : Fire Emergency Order Extension) 12 displaced and temporarily relocating pursuant to this provision to remain for six to twelve months (or longer, as may be directed by Council) following their displacement.

3. The provisions of Section 5 of the Second Supplement are hereby extended and shall terminate on August 31, 2025, at 11:59 p.m., unless extended or expressly superseded by a further order of the Director of Emergency Services.

ADOPTED this 26th day of June 2025.

ATTEST:
___________________ By: _____________________________

NIKIMA NEWSOME ELAINE POLACHEK
City Clerk Interim City Manager
Interim Director of Emergency Services
APPROVED AS TO FORM:
______________________

DOUGLAS SLOAN
City Attorney
Docusign Envelope ID: 507CD99A-1B65-40BF-A691-63FA9E08A6CB 6/26/2025
6/26/2025
6/26/2025

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Packet Pg. 481 Attachment: J-Sixth Supplement Executive Order Local Emergency June 26, 2025 (7227 : Fire Emergency Order Extension) 1 SEVENTH SUPPLEMENT TO THE EXECUTIVE ORDER OF THE DIRECTOR OF

EMERGENCY SERVICES DECLARING THE EXISTENCE OF A LOCAL

EMERGENCY
WHEREAS, life-threatening, destructive, widespread windstorm and extreme fire weather system commenced on Tuesday, January 7, 2025, impacting the Los Angeles metropolitan area, including the City of Santa Monica and the County and City of Los Angeles, and threatening life and safety, public and private property and structures, and other critical infrastructure; and
WHEREAS, the National Weather Service advised that damaging N/NE gusts of 50-80 mph, as well as isolated 80-100 mph in the mountains and foothills, were expected across most of Los Angeles metropolitan area; and
WHEREAS, commencing on January 7, 2025, the Palisades Fire and other major fires, including, but not limited to, the Eaton Fire located primarily in Altadena (Regional Fires) ignited in Los Angeles County, burning over well over 40,000 acres; and WHEREAS, high winds, low humidity, and dry conditions increased the intensity and spread of the Regional Fires, causing imminent threats to life with Red Flag warnings in effect in Los Angeles and Ventura Counties and widespread dangerous windstorm conditions with damaging wind gusts of 50 to 80 mph were forecasted; and Docusign Envelope ID: E3C06E31-3E98-47EB-B824-7B99ECB9629C

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Packet Pg. 482 Attachment: K-Seventh Supplement Executive Order Local Emergency August 28, 2025 (7227 : Fire Emergency Order Extension) 2 WHEREAS, the Regional Fires and windstorm conditions threatened structures, homes, and critical infrastructure, including power lines and water tanks, prompted evacuation orders and warnings, and impacted the access route to the Regional Fires communities; and
WHEREAS, along with the windstorm, the Regional Fires spread across more than 40,000 acres, damaging or destroying structures and prompting evacuation orders and road closures, and continued to threaten structures, homes and critical infrastructure over multiple days; and
WHEREAS, the National Weather Service issued a rare Particularly Dangerous Situation (PDS) Red Flag warning for 19 million people in the Los Angeles metropolitan area, which means there is a high risk of extreme fire behavior and very rapid growth due to dangerously high winds, low humidity and extremely dry vegetation; and WHEREAS, this weather system caused extreme conditions such as power outages, damage to power poles, fallen trees, and extreme fire behavior, impacting significant transportation arteries, requiring long-term repair and threatening the integrity of the critical infrastructure; and
WHEREAS, based upon the above events, by reason of its magnitude, and the need to protect the health, safety, and welfare of the residents and property of the City of Santa Monica, and aid in the assistance of those affected by the Regional Fires, these events created conditions likely to become beyond the control of the normal services, personnel, equipment, and facilities of the regularly constituted branches and departments of the City Government, and that such emergency conditions require the mobilization of mutual aid resources and the ability to coordinate a multiagency response; and
Docusign Envelope ID: E3C06E31-3E98-47EB-B824-7B99ECB9629C

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Packet Pg. 483 Attachment: K-Seventh Supplement Executive Order Local Emergency August 28, 2025 (7227 : Fire Emergency Order Extension) 3 WHEREAS, on January 7, 2025, as a result of the widespread windstorm and extreme fire weather, the Los Angeles County Board of Supervisors proclaimed a Local Emergency in the County of Los Angeles; and
WHEREAS, on January 7, 2025, the Mayor of the City of Los Angeles declared the existence of a Local Emergency throughout the City of Los Angeles to take such steps that are necessary for the protection of life and property; and WHEREAS, on January 7, 2025, the Governor of the State of California declared a state of emergency to make additional resources available; and WHEREAS, the City of Santa Monica (the City) has a population of over 90,000 residents, is a major tourist destination, has two major hospitals and an airport within its jurisdiction, is a significant destination for business travel, and is adjacent to and contiguous on three sides with the City of Los Angeles, resulting in high volumes of residents and visitors traveling within and across the City’s borders; and WHEREAS, on January 7, 2025, the City activated its Emergency Operations Center to support ongoing emergency actions in response to the spread of the Regional Fires; and
WHEREAS, the City intends to continue to take bold and aggressive actions to protect the public health and safety during this local and state emergency; and WHEREAS, the above-described events created conditions of extreme peril and such conditions are likely to be beyond the control of the services, personnel, equipment, and facilities of the City, requiring the combined forces of other political subdivisions to combat; and
WHEREAS, the Regional Fires have displaced many thousands of residents who are in need of temporary housing; and
Docusign Envelope ID: E3C06E31-3E98-47EB-B824-7B99ECB9629C

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Packet Pg. 484 Attachment: K-Seventh Supplement Executive Order Local Emergency August 28, 2025 (7227 : Fire Emergency Order Extension) 4 WHEREAS, on January 8, 2025, the City Manager, in his role as the Director of Emergency Services, (“Executive Director of Emergency Services”) issued an Executive Order of the Director of Emergency Services of the City of Santa Monica Declaring the Existence of a Local Emergency (“Executive Order”) declaring a local emergency pursuant to Chapter 2.16 of the Santa Monica Municipal Code to ensure the availability an effective response to the Regional Fires; and
WHEREAS, pursuant to the Executive Order, the Executive Director of Emergency Services further: 1) relaxed permitting requirements for schools and child care and early education facilities that were displaced; 2) suspended preferential parking rules and enforcement of Santa Monica Municipal Code Chapters 6.20, Home-Sharing and Vacation Rentals, and 6.22, Residential Leasing Regulations for persons who provide alternative accommodations to persons displaced; 3) triggered prohibitions on pricegouging under the Santa Monica Municipal Code and the California Penal Code; 4) prohibited landlords from evicting residential tenants based on the presence of unauthorized occupants or pets, if the occupant or pet has been displaced due to an evacuation order or poor air quality conditions; 5) imposed a curfew in all areas subject to a mandatory evacuation order; 6) suspended all previously-issued building permits for areas subject to mandatory evacuation orders and evacuation warnings; 7) triggered emergency procurement and expenditure provisions under Chapter 2.16; and 8) permits bed and breakfasts and hotels and motels to allow stays beyond 30 days; and WHEREAS, on January 10, 2025, the Executive Director of Emergency Services issued a Revised Executive Order of the Director of Emergency Services of the City of Santa Monica Declaring the Existence of a Local Emergency (“Revised Executive Order”) restating the declaration of local emergency, and 1) prohibiting landscaping activities in Docusign Envelope ID: E3C06E31-3E98-47EB-B824-7B99ECB9629C

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Packet Pg. 485 Attachment: K-Seventh Supplement Executive Order Local Emergency August 28, 2025 (7227 : Fire Emergency Order Extension) 5 areas subject to a Mandatory Evacuation Order; and 2) making other minor amendments and clarifications; and
WHEREAS, on January 10, 2025, at a Special Meeting of the City Council, the Council adopted Resolution Number 11639 (CCS) to: 1) ratify the Executive Order and Revised Executive Order; 2) proclaim a local emergency throughout the City; and 3) authorize the Executive Director of Emergency Services to take all actions related to the protection of life and property that are reasonably necessary to respond to the local emergency caused by the Regional Fires; and
WHEREAS, on January 10, 2025, the City Council further directed staff to supplement the Executive Order to: 1) relax permitting requirements for small businesses and nonprofit organizations that were operating in Los Angeles County and have been impacted by the Regional Fires: 2) prioritize any necessary permitting and inspections for displaced schools, early childhood education centers, small businesses and nonprofit organizations, and clarify that strict adherence to building codes shall not be required on this temporary basis unless the provision directly affects health and safety; 3) grant priority on the City’s below market housing waitlist to households displaced by the Regional Fires with minor children currently attending SMMUSD schools or that work in the City at least 25 hours per week; 4) prohibit open flames during times of red flag warnings; and 5) make other minor clarifications and corrections; and WHEREAS, on January 14, 2025, the Executive Director of Emergency Services issued a Second Revised Executive Order of the Director of Emergency Services of the City of Santa Monica Declaring the Existence of a Local Emergency (“Second Revised Executive Order”) to implement Council direction; and
Docusign Envelope ID: E3C06E31-3E98-47EB-B824-7B99ECB9629C

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Packet Pg. 486 Attachment: K-Seventh Supplement Executive Order Local Emergency August 28, 2025 (7227 : Fire Emergency Order Extension) 6 WHEREAS, as of January 30, 2025, the Regional Fires destroyed more than 17,000 structures; and
WHEREAS, on January 31, 2025, the Executive Director of Emergency Services issued a First Supplement to the Executive Order to: 1) authorize schools with existing Conditional Use Permits in residential zones to expand to accommodate students from other campuses operated by the existing school displaced by the Regional Fires; 2) waive license fees for outdoor dining areas, sidewalk dining, parklets, and pier deck extended dining for the month of February 2025; 3) authorize the Finance Department to grant hotels and motels a 30-day extension for payment of Transient Occupancy Taxes and the Tourism Marketing District Assessment due for December 2024; and 4) expanding criteria for Tier 1 priority on the City’s below market housing waitlist for income-qualifying households impacted by the Regional Fires; and
WHEREAS, on February 25, 2025, the City Council adopted Resolution Number 11645 (CCS), ratifying the Executive Order, the Revised Executive Order, the Second Revised Executive Order, and the First Supplement to the Executive Order; and WHEREAS, on February 25, the City Council further gave direction to phase out suspension of enforcement of Santa Monica Municipal Code Chapter 6.20, HomeSharing and Vacation Rentals, enforcement of Santa Monica Municipal Code 6.22.050,

6.22.060, and 6.22.070, Residential Leasing Regulations, and to clarify tenant protections for persons displaced that obtained housing during the suspension; and WHEREAS, on March 19, 2025, the Interim Executive Director of Emergency Services issued a Second Supplement to the Second Revised Executive Order to: 1) broaden the Order’s provisions to include schools and Child Care and Early Education Facilities that were expanding to accommodate students displaced by the Regional Fires; Docusign Envelope ID: E3C06E31-3E98-47EB-B824-7B99ECB9629C

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Packet Pg. 487 Attachment: K-Seventh Supplement Executive Order Local Emergency August 28, 2025 (7227 : Fire Emergency Order Extension) 7 2) terminate the portion of Section 3 of the Second Revised Emergency Order suspending enforcement of the provisions of the City’s Home-Sharing Ordinance as of April 18, 2025, and clarify that the resumption of enforcement does not require the eviction of any person occupying a rental unit pursuant to Section 3 of the Second Revised Emergency Order or terminate any tenant rights that any such person may have acquired; 3) expand the 30-day extension for payment of TOT and TMD to any request made on or before April 30, 2025; and 4) suspend certain provisions of Santa Monica Municipal Code 9.31.280, Restaurants, Limited-Service and Take-Out Only, and 9.31.290, Restaurants with Entertainment, and specific alcohol-related standards and conditions of approval established pursuant to any Alcohol Determination, Alcohol Exemption, or Conditional Use Permit entitlements to allow for additional flexibility in alcohol sales and service through April 30, 2025; and
WHEREAS, on March 28, 2025, the Interim Executive Director of Emergency Services issued a Third Supplement to the Second Revised Executive Order to discount license fees by 50% for outdoor dining areas, sidewalk dining, parklets, and pier deck extended dining for the month of March 2025; and
WHEREAS, unexpected traffic impacts may occur as a result of schools that have been displaced by the Regional Fires operating or expanding within the City as a temporary use, which may be alleviated through a Parking and Loading Operations Plan; and
WHEREAS, schools displaced by the Regional Fires that expect to operate within the City’s Downtown will experience unexpected costs arising out of parking fees for the City’s Downtown parking structure; and
Docusign Envelope ID: E3C06E31-3E98-47EB-B824-7B99ECB9629C

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Packet Pg. 488 Attachment: K-Seventh Supplement Executive Order Local Emergency August 28, 2025 (7227 : Fire Emergency Order Extension) 8 WHEREAS, providing a discounted group rate to displaced schools will alleviate some unexpected financial burden while supporting use of the City’s Downtown parking structures; and
WHEREAS, in the months that have passed since the Regional Fires, persons displaced have had opportunity to find housing accommodations on a semi-permanent or permanent basis; and
WHEREAS, expiration of emergency measures allowing modifications to parking regulations for Temporary Preferential parking permits or 30 day Overnight Beach Residents & Guests will allow for normal parking operations to resume; and WHEREAS, on April 16, 2025, the Interim Executive Director of Emergency Services issued a Second Supplement to the Second Revised Executive Order to: 1) require schools operating or expanding under Section 1o to the Second Revised Emergency Order, as amended, to submit a Parking and Loading Operations Plan to the City; 2) provide a pro rata monthly Group Discount Rate for the City’s Downtown Parking Structures for the 35 remaining days of the Spring 2025 Semester for schools operating or expanding under Section 1 to the Second Revised Emergency Order, as amended, that are located within the Downtown; and 3) terminate modifications to parking regulations for Temporary Preferential parking permits or 30 day Overnight Beach Residents & Guests permits set forth in Section 2 of the Second Revised Emergency Order as of April 30, 2025; and
WHEREAS, on April 22, 2025, the City Council adopted Resolution Number 11659 (CCS), re-ratifying the Executive Order, the First and Second Revised Executive Order, and the First Supplement to the Executive Order, and ratifying the Second, Third, and Fourth Supplements to the Executive Order; and
Docusign Envelope ID: E3C06E31-3E98-47EB-B824-7B99ECB9629C

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Packet Pg. 489 Attachment: K-Seventh Supplement Executive Order Local Emergency August 28, 2025 (7227 : Fire Emergency Order Extension) 9 WHEREAS, on April 22, 2025, the Council provided further direction to extend the provisions of Section 5 of the Second Supplement to the Emergency Order, which suspended certain provisions of Santa Monica Municipal Code 9.31.280, Restaurants, Limited-Service and Take-Out Only, and 9.31.290, Restaurants with Entertainment, and specific alcohol-related standards and conditions of approval established pursuant to any Alcohol Determination, Alcohol Exemption, or Conditional Use Permit entitlements to allow for additional flexibility in alcohol sales and service through April 30, 2025, for an additional 60 days; and
WHEREAS, on April 29, 2025, the Executive Director of Emergency Services issued a Fifth Supplement to the Second Revised Executive Order to implement Council direction from April 22 and extend the provisions of Section 5 to the Second Supplement through June 30, 2025; and
WHEREAS, on June 10, 2025, the City Council adopted Resolution Number 11668 (CCS), re-ratifying the Executive Order, the First and Second Revised Executive Order, and the First, Second, Third and Fourth Supplements to the Executive Order, and ratifying the Fifth Supplement to the Executive Order; and
WHEREAS, on June 26, 2025, the Executive Director of Emergency Services issued a Sixth Supplement to the Second Revised Executive Order to: 1) allow Child Care and Early Education Facilities displaced by the Regional Fires to operate within the City’s nonresidential zones as a permitted use in existing buildings that were previously used as Child Care and Early Education Facilities; and 2) extend the provisions of Section 5 of the Second Supplement to August 31, 2025; and
WHEREAS, on July 29, 2025, the City Council adopted Resolution Number 11685 (CCS), re-ratifying the Executive Order, the First and Second Revised Executive Order, Docusign Envelope ID: E3C06E31-3E98-47EB-B824-7B99ECB9629C

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Packet Pg. 490 Attachment: K-Seventh Supplement Executive Order Local Emergency August 28, 2025 (7227 : Fire Emergency Order Extension) 10 and the First, Second, Third, Fourth, and Fifth Supplements to the Executive Order, and ratifying the Sixth Supplement to the Executive Order; and WHEREAS, although the immediate fire danger has subsided, the City has continued to receive requests to accommodate individuals, schools, and businesses displaced by the Regional Fires; and
WHEREAS, the City has received additional inquiries from displaced schools, early childhood education centers, and small businesses seeking flexibility from regulations in order to temporarily or permanently relocate to the City; and WHEREAS, allowing for this additional flexibility will support displaced residents, students and businesses in their recovery from the Regional Fires while further supporting the City’s economic recovery efforts; and
WHEREAS, local businesses have reported that they are still experiencing economic impacts from the Regional Fires and face resulting economic uncertainty; and WHEREAS, allowing the Director of the Community Development Department, or designee, to issue Temporary Use Permits for temporary uses that are supportive of economic recovery or to support businesses that were operating within Los Angeles County but displaced by the Regional Fires, which the Director has determined will be compatible with the purposes of the district and surrounding land uses, will provide additional opportunity for displaced businesses and economic recovery for local businesses; and
WHEREAS, further extending the provisions of Section 5 of the Second Supplement to the Emergency Order, which suspended certain provisions of Santa Monica Municipal Code 9.31.280, Restaurants, Limited-Service and Take-Out Only, and

9.31.290, Restaurants with Entertainment, and specific alcohol-related standards and Docusign Envelope ID: E3C06E31-3E98-47EB-B824-7B99ECB9629C

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Packet Pg. 491 Attachment: K-Seventh Supplement Executive Order Local Emergency August 28, 2025 (7227 : Fire Emergency Order Extension) 11 conditions of approval established pursuant to any Alcohol Determination, Alcohol Exemption, or Conditional Use Permit entitlements to allow for additional flexibility in alcohol sales, will provide additional opportunities for economic recovery for local businesses.

NOW, THEREFORE, I, Oliver Chi, the Director of Emergency Services for the City of Santa Monica, do hereby issue the following supplemental order to become effective immediately, subject to ratification by the Council as may be required by the Municipal Code.

IT HEREBY ORDERED THAT:

1. The Second Revised Executive Order shall continue in full force and effect, except as modified and supplemented by the First, Second, Third, Fourth, Fifth, Sixth Supplements, and this Seventh Supplement.

2. Section 1 of the Second Revised Executive Order, as amended by the First, Second and Fourth Supplements to the Executive Order, is hereby amended as follows:

A. Within the City’s non-residential zones:

1. Schools, as that term is defined by Santa Monica Municipal Code Section 9.51.030(A)(11), and Child Care and Early Education Facilities, as that term is defined by Santa Monica Municipal Code Section 9.51.030(A)(3) that were displaced by the Regional Fires or expansions to existing schools to accommodate students displaced by the Regional Fires may operate as a temporary use without first obtaining a Conditional Use Permit or a Temporary Use Permit; and

2. Small businesses, as that term is defined by the United States Small Business Administration at 13 CFR § 121.105, and nonprofit organizations, that were operating in Los Angeles County and have been impacted or displaced by the Docusign Envelope ID: E3C06E31-3E98-47EB-B824-7B99ECB9629C

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Packet Pg. 492 Attachment: K-Seventh Supplement Executive Order Local Emergency August 28, 2025 (7227 : Fire Emergency Order Extension) 12 Regional Fires may operate without first obtaining a Conditional Use Permit, or as a temporary permitted use without first obtaining a Temporary Use Permit.

3. The Director of the Community Development Department, or designee, may issue Temporary Use Permits in accordance with Santa Monica Municipal Code Chapter 9.44 for temporary uses supportive of economic recovery or to support businesses operating in Los Angeles County that were displaced by the Regional Fires, if the Director has determined that the temporary use will be compatible with the purposes of the district and surrounding land uses.

B. Within the City’s Residential Zones, Schools with existing Conditional Use Permits that are subject to occupancy limitations may expand to accommodate students from other campuses operated by the existing school displaced by the Regional Fires; Child Care and Early Education Facilities displaced by the Regional Fires may operate as a permitted use in existing buildings that were previously used as Child Care and Early Education Facilities.

C. Prior to occupancy and upon request by the City, schools operating or expanding under this Section shall submit a Parking and Loading Operations Plan to the Director of the Community Development Department for review and approval, which may be amended from time to time.

D. City Staff shall also prioritize any necessary permitting and inspections required, and strict adherence to building codes shall not be required on this temporary basis unless the provision directly affects health and safety; since it is the intent to accommodate those affected beyond the immediate fire emergency threat, City Staff are also directed to prepare and offer for Council approval solutions that would allow those schools, child care and early education facilities, small businesses and nonprofits Docusign Envelope ID: E3C06E31-3E98-47EB-B824-7B99ECB9629C

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Packet Pg. 493 Attachment: K-Seventh Supplement Executive Order Local Emergency August 28, 2025 (7227 : Fire Emergency Order Extension) 13 displaced and temporarily relocating pursuant to this provision to remain for six to twelve months (or longer, as may be directed by Council) following their displacement.

3. The provisions of Section 5 of the Second Supplement are hereby extended and shall terminate on October 31, 2025, at 11:59 p.m., unless extended or expressly superseded by a further order of the Director of Emergency Services.

ADOPTED this 28th day of August 2025.

ATTEST:
___________________ By: _____________________________

NIKIMA NEWSOME OLIVER CHI
City Clerk City Manager
Director of Emergency Services
APPROVED AS TO FORM:
______________________

DOUGLAS SLOAN
City Attorney
Docusign Envelope ID: E3C06E31-3E98-47EB-B824-7B99ECB9629C 8/29/2025
8/29/2025
8/29/2025

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Packet Pg. 494 Attachment: K-Seventh Supplement Executive Order Local Emergency August 28, 2025 (7227 : Fire Emergency Order Extension) 1 CITY OF SANTA MONICA

EIGHTH SUPPLEMENT TO THE EXECUTIVE ORDER OF THE DIRECTOR OF

EMERGENCY SERVICES DECLARING THE EXISTENCE OF A LOCAL

EMERGENCY
WHEREAS, a life-threatening, destructive, widespread windstorm and extreme fire weather system commenced on Tuesday, January 7, 2025, impacting the Los Angeles metropolitan area, including the City of Santa Monica and the County and City of Los Angeles, and threatening life and safety, public and private property and structures, and other critical infrastructure; and
WHEREAS, the National Weather Service advised that damaging N/NE gusts of 50-80 mph, as well as isolated 80-100 mph gusts in the mountains and foothills, were expected across most of Los Angeles metropolitan area; and WHEREAS, commencing on January 7, 2025, the Palisades Fire and other major fires, including, but not limited to, the Eaton Fire located primarily in Altadena (Regional Fires) ignited in Los Angeles County, burning well over 40,000 acres; and WHEREAS, high winds, low humidity, and dry conditions increased the intensity and spread of the Regional Fires, causing imminent threats to life with Red Flag warnings in effect in Los Angeles and Ventura Counties and widespread dangerous windstorm conditions with damaging wind gusts of 50 to 80 mph were forecasted; and WHEREAS, the Regional Fires and windstorm conditions threatened structures, homes, and critical infrastructure, including power lines and water tanks, prompted evacuation orders and warnings, and impacted the access route to the Regional Fires communities; and
WHEREAS, along with the windstorm, the Regional Fires spread across more than 40,000 acres, damaging or destroying structures and prompting evacuation orders and Docusign Envelope ID: 58941E81-F61E-414E-854F-5F86BED08A25

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Packet Pg. 495 Attachment: L-Eighth Supplement Executive Order Local Emergency October 23, 2025 (7227 : Fire Emergency Order Extension) 2 road closures, and continued to threaten structures, homes, and critical infrastructure over multiple days; and
WHEREAS, the National Weather Service issued a rare Particularly Dangerous Situation (PDS) Red Flag warning for 19 million people in the Los Angeles metropolitan area, which means there is a high risk of extreme fire behavior and very rapid growth due to dangerously high winds, low humidity, and extremely dry vegetation; and WHEREAS, this weather system caused extreme conditions such as power outages, damage to power poles, fallen trees, and extreme fire behavior, impacting significant transportation arteries, requiring long-term repair and threatening the integrity of the critical infrastructure; and
WHEREAS, based upon the above events, by reason of its magnitude, and the need to protect the health, safety, and welfare of the residents and property of the City of Santa Monica, and aid in the assistance of those affected by the Regional Fires, these events created conditions likely to become beyond the control of the normal services, personnel, equipment, and facilities of the regularly constituted branches and departments of the City Government, and that such emergency conditions require the mobilization of mutual aid resources and the ability to coordinate a multiagency response; and
WHEREAS, on January 7, 2025, as a result of the widespread windstorm and extreme fire weather, the Los Angeles County Board of Supervisors proclaimed a Local Emergency in the County of Los Angeles; and
WHEREAS, on January 7, 2025, the Mayor of the City of Los Angeles declared the existence of a Local Emergency throughout the City of Los Angeles to take such steps that are necessary for the protection of life and property; and Docusign Envelope ID: 58941E81-F61E-414E-854F-5F86BED08A25

4.K.l
Packet Pg. 496 Attachment: L-Eighth Supplement Executive Order Local Emergency October 23, 2025 (7227 : Fire Emergency Order Extension) 3 WHEREAS, on January 7, 2025, the Governor of the State of California declared a state of emergency to make additional resources available; and WHEREAS, the City of Santa Monica (the City) has a population of over 90,000 residents, is a major tourist destination, has two major hospitals and an airport within its jurisdiction, is a significant destination for business travel, and is adjacent to and contiguous on three sides with the City of Los Angeles, resulting in high volumes of residents and visitors traveling within and across the City’s borders; and WHEREAS, on January 7, 2025, the City activated its Emergency Operations Center to support ongoing emergency actions in response to the spread of the Regional Fires; and
WHEREAS, the City intends to continue to take bold and aggressive actions to protect the public health and safety during this local and state emergency; and WHEREAS, the above-described events created conditions of extreme peril and such conditions are likely to be beyond the control of the services, personnel, equipment, and facilities of the City, requiring the combined forces of other political subdivisions to combat; and
WHEREAS, the Regional Fires have displaced many thousands of residents who are in need of temporary housing; and
WHEREAS, on January 8, 2025, the City Manager, in his role as the Director of Emergency Services, (“Executive Director of Emergency Services”) issued an Executive Order of the Director of Emergency Services of the City of Santa Monica Declaring the Existence of a Local Emergency (“Executive Order”) declaring a local emergency pursuant to Chapter 2.16 of the Santa Monica Municipal Code to ensure the availability an effective response to the Regional Fires; and
Docusign Envelope ID: 58941E81-F61E-414E-854F-5F86BED08A25

4.K.l
Packet Pg. 497 Attachment: L-Eighth Supplement Executive Order Local Emergency October 23, 2025 (7227 : Fire Emergency Order Extension) 4 WHEREAS, pursuant to the Executive Order, the Executive Director of Emergency Services further: 1) relaxed permitting requirements for schools and child care and early education facilities that were displaced; 2) suspended preferential parking rules and enforcement of Santa Monica Municipal Code Chapters 6.20, Home-Sharing and Vacation Rentals, and 6.22, Residential Leasing Regulations for persons who provide alternative accommodations to persons displaced; 3) triggered prohibitions on pricegouging under the Santa Monica Municipal Code and the California Penal Code; 4) prohibited landlords from evicting residential tenants based on the presence of unauthorized occupants or pets, if the occupant or pet has been displaced due to an evacuation order or poor air quality conditions; 5) imposed a curfew in all areas subject to a mandatory evacuation order; 6) suspended all previously-issued building permits for areas subject to mandatory evacuation orders and evacuation warnings; 7) triggered emergency procurement and expenditure provisions under Chapter 2.16; and 8) permits bed and breakfasts and hotels and motels to allow stays beyond 30 days; and WHEREAS, on January 10, 2025, the Executive Director of Emergency Services issued a Revised Executive Order of the Director of Emergency Services of the City of Santa Monica Declaring the Existence of a Local Emergency (“Revised Executive Order”) restating the declaration of local emergency, and 1) prohibiting landscaping activities in areas subject to a Mandatory Evacuation Order; and 2) making other minor amendments and clarifications; and
WHEREAS, on January 10, 2025, at a Special Meeting of the City Council, the Council adopted Resolution Number 11639 (CCS) to: 1) ratify the Executive Order and Revised Executive Order; 2) proclaim a local emergency throughout the City; and 3) authorize the Executive Director of Emergency Services to take all actions related to the Docusign Envelope ID: 58941E81-F61E-414E-854F-5F86BED08A25

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Packet Pg. 498 Attachment: L-Eighth Supplement Executive Order Local Emergency October 23, 2025 (7227 : Fire Emergency Order Extension) 5 protection of life and property that are reasonably necessary to respond to the local emergency caused by the Regional Fires; and
WHEREAS, on January 10, 2025, the City Council further directed staff to supplement the Executive Order to: 1) relax permitting requirements for small businesses and nonprofit organizations that were operating in Los Angeles County and have been impacted by the Regional Fires: 2) prioritize any necessary permitting and inspections for displaced schools, early childhood education centers, small businesses and nonprofit organizations, and clarify that strict adherence to building codes shall not be required on this temporary basis unless the provision directly affects health and safety; 3) grant priority on the City’s below market housing waitlist to households displaced by the Regional Fires with minor children currently attending SMMUSD schools or that work in the City at least 25 hours per week; 4) prohibit open flames during times of red flag warnings; and 5) make other minor clarifications and corrections; and WHEREAS, on January 14, 2025, the Executive Director of Emergency Services issued a Second Revised Executive Order of the Director of Emergency Services of the City of Santa Monica Declaring the Existence of a Local Emergency (“Second Revised Executive Order”) to implement Council direction; and
WHEREAS, as of January 30, 2025, the Regional Fires destroyed more than 17,000 structures; and
WHEREAS, on January 31, 2025, the Executive Director of Emergency Services issued a First Supplement to the Executive Order to: 1) authorize schools with existing Conditional Use Permits in residential zones to expand to accommodate students from other campuses operated by the existing school displaced by the Regional Fires; 2) waive license fees for outdoor dining areas, sidewalk dining, parklets, and pier deck extended Docusign Envelope ID: 58941E81-F61E-414E-854F-5F86BED08A25

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Packet Pg. 499 Attachment: L-Eighth Supplement Executive Order Local Emergency October 23, 2025 (7227 : Fire Emergency Order Extension) 6 dining for the month of February 2025; 3) authorize the Finance Department to grant hotels and motels a 30-day extension for payment of Transient Occupancy Taxes and the Tourism Marketing District Assessment due for December 2024; and 4) expanding criteria for Tier 1 priority on the City’s below market housing waitlist for income-qualifying households impacted by the Regional Fires; and
WHEREAS, on February 25, 2025, the City Council adopted Resolution Number 11645 (CCS), ratifying the Executive Order, the Revised Executive Order, the Second Revised Executive Order, and the First Supplement to the Executive Order; and WHEREAS, on February 25, the City Council further gave direction to phase out suspension of enforcement of Santa Monica Municipal Code Chapter 6.20, HomeSharing and Vacation Rentals, enforcement of Santa Monica Municipal Code 6.22.050,

6.22.060, and 6.22.070, Residential Leasing Regulations, and to clarify tenant protections for persons displaced that obtained housing during the suspension; and WHEREAS, on March 19, 2025, the Interim Executive Director of Emergency Services issued a Second Supplement to the Second Revised Executive Order to: 1) broaden the Order’s provisions to include schools and Child Care and Early Education Facilities that were expanding to accommodate students displaced by the Regional Fires; 2) terminate the portion of Section 3 of the Second Revised Emergency Order suspending enforcement of the provisions of the City’s Home-Sharing Ordinance as of April 18, 2025, and clarify that the resumption of enforcement does not require the eviction of any person occupying a rental unit pursuant to Section 3 of the Second Revised Emergency Order or terminate any tenant rights that any such person may have acquired; 3) expand the 30-day extension for payment of TOT and TMD to any request made on or before April 30, 2025; and 4) suspend certain provisions of Santa Monica Municipal Code 9.31.280, Docusign Envelope ID: 58941E81-F61E-414E-854F-5F86BED08A25

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Packet Pg. 500 Attachment: L-Eighth Supplement Executive Order Local Emergency October 23, 2025 (7227 : Fire Emergency Order Extension) 7 Restaurants, Limited-Service and Take-Out Only, and 9.31.290, Restaurants with Entertainment, and specific alcohol-related standards and conditions of approval established pursuant to any Alcohol Determination, Alcohol Exemption, or Conditional Use Permit entitlements to allow for additional flexibility in alcohol sales and service through April 30, 2025; and
WHEREAS, on March 28, 2025, the Interim Executive Director of Emergency Services issued a Third Supplement to the Second Revised Executive Order to discount license fees by 50% for outdoor dining areas, sidewalk dining, parklets, and pier deck extended dining for the month of March 2025; and
WHEREAS, unexpected traffic impacts may occur as a result of schools that have been displaced by the Regional Fires operating or expanding within the City as a temporary use, which may be alleviated through a Parking and Loading Operations Plan; and
WHEREAS, schools displaced by the Regional Fires that expect to operate within the City’s Downtown will experience unexpected costs arising out of parking fees for the City’s Downtown parking structure; and
WHEREAS, providing a discounted group rate to displaced schools will alleviate some unexpected financial burden while supporting use of the City’s Downtown parking structures; and
WHEREAS, in the months that have passed since the Regional Fires, persons displaced have had opportunity to find housing accommodations on a semi-permanent or permanent basis; and
Docusign Envelope ID: 58941E81-F61E-414E-854F-5F86BED08A25

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Packet Pg. 501 Attachment: L-Eighth Supplement Executive Order Local Emergency October 23, 2025 (7227 : Fire Emergency Order Extension) 8 WHEREAS, expiration of emergency measures allowing modifications to parking regulations for Temporary Preferential parking permits or 30 day Overnight Beach Residents & Guests will allow for normal parking operations to resume; and WHEREAS, on April 16, 2025, the Interim Executive Director of Emergency Services issued a Fourth Supplement to the Second Revised Executive Order to: 1) require schools operating or expanding under Section 1 to the Second Revised Emergency Order, as amended, to submit a Parking and Loading Operations Plan to the City; 2) provide a pro rata monthly Group Discount Rate for the City’s Downtown Parking Structures for the 35 remaining days of the Spring 2025 Semester for schools operating or expanding under Section 1 to the Second Revised Emergency Order, as amended, that are located within the Downtown; and 3) terminate modifications to parking regulations for Temporary Preferential parking permits or 30 day Overnight Beach Residents & Guests permits set forth in Section 2 of the Second Revised Emergency Order as of April 30, 2025; and
WHEREAS, on April 22, 2025, the City Council adopted Resolution Number 11659 (CCS), re-ratifying the Executive Order, the First and Second Revised Executive Order, and the First Supplement to the Executive Order, and ratifying the Second, Third, and Fourth Supplements to the Executive Order; and
WHEREAS, on April 22, 2025, the Council provided further direction to extend the provisions of Section 5 of the Second Supplement to the Emergency Order, which suspended certain provisions of Santa Monica Municipal Code 9.31.280, Restaurants, Limited-Service and Take-Out Only, and 9.31.290, Restaurants with Entertainment, and specific alcohol-related standards and conditions of approval established pursuant to any Alcohol Determination, Alcohol Exemption, or Conditional Use Permit entitlements to Docusign Envelope ID: 58941E81-F61E-414E-854F-5F86BED08A25

4.K.l
Packet Pg. 502 Attachment: L-Eighth Supplement Executive Order Local Emergency October 23, 2025 (7227 : Fire Emergency Order Extension) 9 allow for additional flexibility in alcohol sales and service through April 30, 2025, for an additional 60 days; and
WHEREAS, on April 29, 2025, the Executive Director of Emergency Services issued a Fifth Supplement to the Second Revised Executive Order to implement Council direction from April 22 and extend the provisions of Section 5 to the Second Supplement through June 30, 2025; and
WHEREAS, on June 10, 2025, the City Council adopted Resolution Number 11668 (CCS), re-ratifying the Executive Order, the First and Second Revised Executive Order, and the First, Second, Third and Fourth Supplements to the Executive Order, and ratifying the Fifth Supplement to the Executive Order; and
WHEREAS, on June 26, 2025, the Executive Director of Emergency Services issued a Sixth Supplement to the Second Revised Executive Order to: 1) allow Child Care and Early Education Facilities displaced by the Regional Fires to operate within the City’s nonresidential zones as a permitted use in existing buildings that were previously used as Child Care and Early Education Facilities; and 2) extend the provisions of Section 5 of the Second Supplement to August 31, 2025; and
WHEREAS, on July 29, 2025, the City Council adopted Resolution Number 11685 (CCS), re-ratifying the Executive Order, the First and Second Revised Executive Order, and the First, Second, Third, Fourth, and Fifth Supplements to the Executive Order, and ratifying the Sixth Supplement to the Executive Order; and WHEREAS, on August 28, 2025, the Executive Director of Emergency Services issued a Seventh Supplement to the Second Revised Executive Order to: 1) authorize the Director of the Community Development Department, or designee, to issue Temporary Use Permits for temporary uses that are supportive of economic recovery or Docusign Envelope ID: 58941E81-F61E-414E-854F-5F86BED08A25

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Packet Pg. 503 Attachment: L-Eighth Supplement Executive Order Local Emergency October 23, 2025 (7227 : Fire Emergency Order Extension) 10 to support businesses that were operating within Los Angeles County but displaced by the Regional Fires, which the Director has determined will be compatible with the purposes of the district and surrounding land uses; and 2) extend the provisions of Section 5 of the Second Supplement to October 31, 2025; and
WHEREAS, on September 9, 2025, the City Council adopted Resolution Number 11696 (CCS), re-ratifying the Executive Order, the First and Second Revised Executive Order, and the First, Second, Third, Fourth, Fifth and Sixth Supplements to the Executive Order, and ratifying the Seventh Supplement to the Executive Order; and WHEREAS, although the immediate fire danger has subsided, the City has continued to receive requests to accommodate individuals, schools, and businesses displaced by the Regional Fires; and
WHEREAS, the City has received additional inquiries from displaced schools, early childhood education centers, and small businesses seeking flexibility from regulations in order to temporarily or permanently relocate to the City; and WHEREAS, allowing for this additional flexibility will support displaced residents, students and businesses in their recovery from the Regional Fires while further supporting the City’s economic recovery efforts; and
WHEREAS, local businesses have reported that they are still experiencing economic impacts from the Regional Fires and face resulting economic uncertainty; and WHEREAS, allowing the Director of the Community Development Department, or designee, to issue Temporary Use Permits for temporary uses that are supportive of economic recovery or to support businesses that were operating within Los Angeles County but displaced by the Regional Fires, which the Director has determined will be compatible with the purposes of the district and surrounding land uses, will provide Docusign Envelope ID: 58941E81-F61E-414E-854F-5F86BED08A25

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Packet Pg. 504 Attachment: L-Eighth Supplement Executive Order Local Emergency October 23, 2025 (7227 : Fire Emergency Order Extension) 11 additional opportunity for displaced businesses and economic recovery for local businesses; and
WHEREAS, after an initial higher volume of requests for Tier 1 priority due to impacts from the regional fires on the City's Below Market Housing waitlist and the Santa Monica Housing Authority’s waitlist, requests have dropped significantly in recent months, with only one request for Tier 1 priority submitted to the Housing Division from October 1 through October 22, 2025, evidencing demand for the preference has largely subsided; and
WHEREAS, the 6-month period of Tier 1 priority on the Below Market Housing waitlist and the Santa Monica Housing Authority’s waitlist that was granted under the Second Revised Executive Order to eligible persons impacted by the Regional Fires has expired for initial persons that were awarded the priority and will expire soon for others; and
WHEREAS, as the Emergency Housing Voucher (EHV) program sunsets and federal funding winds down, it is vital for the Housing Authority to focus its limited voucher program staff capacity on maintaining housing stability for current voucher program participants, particularly those transitioning from the EHV program into the Section 8 Housing Choice Voucher program to prevent displacement and homelessness; and WHEREAS, further extending the provisions of Section 5 of the Second Supplement to the Emergency Order, which suspended certain provisions of Santa Monica Municipal Code 9.31.280, Restaurants, Limited-Service and Take-Out Only, and

9.31.290, Restaurants with Entertainment, and specific alcohol-related standards and conditions of approval established pursuant to any Alcohol Determination, Alcohol Exemption, or Conditional Use Permit entitlements to allow for additional flexibility in Docusign Envelope ID: 58941E81-F61E-414E-854F-5F86BED08A25

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Packet Pg. 505 Attachment: L-Eighth Supplement Executive Order Local Emergency October 23, 2025 (7227 : Fire Emergency Order Extension) 12 alcohol sales, will provide additional opportunities for economic recovery for local businesses.

NOW, THEREFORE, I, Oliver Chi, the Director of Emergency Services for the City of Santa Monica, do hereby issue the following supplemental order to become effective immediately, subject to ratification by the Council as may be required by the Municipal Code.

IT HEREBY ORDERED THAT:

1. The Second Revised Executive Order shall continue in full force and effect, except as modified and supplemented by the First, Second, Third, Fourth, Fifth, Sixth, and Seventh Supplements, and this Eighth Supplement.

2. Section 4 of the Second Revised Executive Order as modified and supplemented by the First Supplement is hereby terminated and is of no further force and effect except that households granted Tier 1 priority on the Below Market Housing waiting list or the Santa Monica Housing Authority waiting list shall retain that priority for a period of 6 months after being granted the priority.

3. The provisions of Section 5 of the Second Supplement are hereby extended and shall terminate on December 31, 2025, at 11:59 p.m., unless extended or expressly superseded by a further order of the Director of Emergency Services. ///
Docusign Envelope ID: 58941E81-F61E-414E-854F-5F86BED08A25

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Packet Pg. 506 Attachment: L-Eighth Supplement Executive Order Local Emergency October 23, 2025 (7227 : Fire Emergency Order Extension) 13 ADOPTED this 23rd day of October 2025.

ATTEST:
___________________ By: _____________________________

NIKIMA NEWSOME OLIVER CHI
City Clerk City Manager
Director of Emergency Services
APPROVED AS TO FORM:
______________________

HEIDI VON TONGELN
Interim City Attorney
Docusign Envelope ID: 58941E81-F61E-414E-854F-5F86BED08A25

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Packet Pg. 507 Attachment: L-Eighth Supplement Executive Order Local Emergency October 23, 2025 (7227 : Fire Emergency Order Extension) City Council
Report
City Council Meeting: December 16, 2025
Agenda Item: 5.A
1 of 2
To: Mayor and City Council
From: Heidi Von Tongeln, Interim City Attorney, City Attorney's Office Subject: Conference with legal counsel - existing litigation - Gov. Code § 54956.9(d)(1):

John U.N.B. Doe, et al. v. City, et al.; LASC # 23STCV12746; John Doe 1, et al. v. City, et al.; LASC # 23STCV15009; Hector Orozco v. John Doe: Does 1-2; LASC # 23SMCV03120; John JPC Doe v. Doe City, et al.; LASC # 23STCV22020; John AD Doe, et al. v. City, et al.; LASC # 23STCV26548; John CW Doe, et al. v. City, et al.; LASC # 23STCV29623; John Doe (A.G.) v. Santa Monica Police Activities League, et al; LASC # 23SMCV06066; John GA DOE, et al. v. City, et al.; LASC # 24STCV06484; John U.L.W. Doe, et al. v. City, et al.; LASC # 24STCV06768; Joseph Garcia v. Santa Monica Police Activities League, et al.; LASC # 24SMCV01368; John Doe 15, et al. v.

City, et al.; LASC # 24STCV07647; John Doe 18, et al. v. City, et al.; LASC # 24STCV0239; John RR Doe, et al. v. City, et al.; LASC # 24STCV09398; John Doe 33, et al. v. City, et al.; LASC # 24STCV15580; John Doe 48 v. City, et al.; LASC # 24STCV15420; John Doe 49 v. City, et al.; LASC # 24STCV19296; John DD Doe v.

City, et al.; LASC # 24SMCV04421; Jane EB Doe, et al. v. City, et al.; LASC # 24STCV24146; John Doe (V.D.) v. Santa Monica Police Activities League, et al.; LASC # 24SMCV05049; John Doe (D.F.) v. Santa Monica Police Activities League, et al.; LASC # 24SMCV05050; John Doe (D.G.) v. Santa Monica Police Activities League, et al.; LASC # 24SMCV05051; Jane Doe 13, et al. v. City, et al.; LASC # 24STCV27233; John AM Doe, et al. v. City, et al.; LASC # 24STCV28433; John Doe v. City, et al.; LASC # 24SMCV05527; John Doe 53 v. City, et al.; LASC # 24STCV31763; John Doe (Y.M.) v. Santa Monica Police Activities League, et al.; LASC # 24SMCV06355; Jane Doe 16, et al. v. a Public Entity, et al.; LASC # 25STCV02235; John Doe 62, et al. v. City, et al.; LASC # 25STCV04414; John Doe 23 v. City, et al.; LASC # 25STCV05850; John Doe (E.B.) v. Santa Monica Police Activities League, et al.; LASC # 25STCV06354; Jane PB Doe, et al. v. City, et al.; LASC # 25STCV06880; John Doe 67 v. City, et al.; LASC # 25STCV10142; John Doe 68 v. City, et al.; LASC # 25STCV12089; John Doe 69, et al. v. City, et al.; LASC # 25STCV14031; John OR Doe, et al. v. City, et al.; LASC # 25STCV16251; John RD Doe, et al. v. City, et al.; LASC # 25STCV24158

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Prepared By: Andrew Cabello, Legal Assistant
Approved Forwarded to Council

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City Council
Report
City Council Meeting: December 16, 2025
Agenda Item: 10.A
1 of 26
To: Mayor and City Council
From: Jing Yeo, Director, Administration
Subject: Introduction and First Reading of an Ordinance to Establish a Digital Display District to Permit Digital Displays to Be Approved by Development Agreement in Specified Locations Along the Third Street Promenade and Santa Monica Place
Recommended Action
Staff recommends that the City Council take the following actions:

1. Adopt findings of categorical exemptions pursuant to Sections 15301, 15303, 15311, 15331, and 15332 of the California Environmental Quality Act (CEQA) Guidelines as described in Environmental Review, below; and

2. Introduce for First Reading an Ordinance to establish a digital display district to permit digital displays to be approved by Development Agreement in specified locations along the Third Street Promenade and Santa Monica Place.

3. Adopt Digital Display Advertising Guidelines.

Summary
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. In recent years, the City’s signage regulations have been amended to accommodate advances in advertising technology, to allow for flexibility and creativity with on-premise signage on the Third Street Promenade and the Santa Monica Place shopping center, and to support revenue opportunities for wayfinding signs in the public right-of-way, subject to a license agreement with the City.

To date, the City has received four applications for seven large format, off-premise digital displays in the Downtown district, along the Third Street Promenade and at Santa

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Monica Place. As the City’s sign code does not permit such digital displays, these applications were filed as development agreement applications:
• 395 Santa Monica Place – 4 digital displays (24ENT-0024) • 301 Arizona Avenue/1253 3rd Street Promenade – 1 digital display (24ENT-0233) • 1202 3rd Street Promenade – 1 digital display (25ENT-0021) • 1310 3rd Street Promenade – 1 digital display (25ENT-0086) On June 10, 2025, consistent with the Council’s direction and to continue the City’s economic recovery efforts within the Downtown and Third Street Promenade Area, staff has prepared a Digital Display District Ordinance (“Ordinance”) that would require new digital displays within the District to be processed through development agreements.

The Ordinance would also establish standards applicable to all new digital displays, including but not limited to:
• Community Benefits • Hours of Operation
• Display Type • Design Authority
• Permitted Locations • Requirements for Landmark Buildings • Projections/Encroachments • Energy
• Maximum Display Area • Maintenance
• Content • Illumination
• Utilities
Background
On September 13, 2022, Council directed staff to explore establishing a large-format digital signage pilot program at Santa Monica Place that supports placemaking and stimulates economic recovery efforts in the Downtown. Council further directed that the pilot program include a civic and public art component, community messaging, promotion of Santa Monica, and be supported by a revenue-sharing content opportunity to support community programs and services.

On January 10, 2023, Council adopted an ordinance to award a franchise to BIG Outdoor for the installation, operation, and maintenance of a digital wayfinding and outof-home advertising kiosk network for a 20-year term, per the terms and conditions stated in the ordinance. The City initiated the Digital Wayfinding and Out-of-Home

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(OOH) Advertising Kiosk Program to provide interactive information to residents and visitors, enhance public safety via emergency capabilities, deliver community messaging, and generate revenue through advertising sales. The City and BIG Outdoor executed a franchise agreement, effective February 22, 2023.

Additionally, on October 22, 2024, Council adopted an emergency ordinance amending Santa Monica Municipal Code Chapter 9.61 to increase flexibility for on-premises signage in the Bayside Conservation District and Third Street Promenade to promote economic recovery. With the adoption of the emergency ordinance, animated onpremises signs (including digital display signs) are now permitted on a façade facing the Third Street Promenade. These animated signs are permitted only if they are onpremises signs (i.e., advertisement that pertain solely to goods or services that are produced or offered on the premises where the advertisement is displayed).

Furthermore, animated signage is limited in size to the area above the storefront. At this meeting, Council also provided direction to staff to provide more information about a potential large-scale digital signage program with legal and financial considerations and approaches for policy options.

On March 25, 2025, an emergency ordinance amending Chapter 9.61 was adopted to provide a minor clarification to the sign code amendments that were previously adopted on October 22, 2024.

In its ongoing efforts to promote economic recovery and growth within the Downtown District, the Council adopted an emergency ordinance to establish the Third Street Promenade Entertainment Zone, on May 13, 2025. The establishment of this entertainment zone provides valuable opportunities for the City to also consider synergistic enhancements to existing commercial signage on the Promenade.

On June 10, 2025, Council directed staff to proceed with establishing a new ordinance for a digital signage district for the Third Street Promenade and the Santa Monica Place shopping center. Additionally, Council authorized City staff to initiate development agreement negotiations for new digital displays.

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Discussion
Pursuant to Council direction, staff prepared an Ordinance that would establish a digital display district for the Third Street Promenade and Santa Monica Place shopping center (the “District”). An initial draft of the Digital Display District Ordinance was published for public review on October 20, 2025 on the City’s website at https://www.santamonica.gov/digital-display-district-for-the-third-street-promenade-andsanta-monica-place. Revisions have since been made to the Ordinance based on comments from the public and Planning Commission, and to also include specific requirements for financial community benefits.

The Ordinance provides an updated, innovative vision for the Promenade and Santa Monica Place shopping center and establishes a new regulatory framework to enable large-format, off-premise digital displays based on four policy objectives:
• Advancing the City’s Vision of Downtown
• Driving Economic Recovery and Revitalization
• Balancing Innovation with Responsibility
• Expanding Community Benefits and Cultural Enrichment Opportunities Advancing the City’s Vision of the Downtown
The Ordinance builds on the City’s vision for a thriving and dynamic Downtown, complementing the goals of the Land Use and Circulation Element and aligning with the Downtown Community Plan. The City’s recent planning efforts, such as the designation of the Third Street Promenade Entertainment Zone and modifications to the Zoning Ordinance to streamline permitting and increase flexibility for land uses in the Downtown, have focused on bold, innovative measures to reinvigorate Downtown and maintain its prominence as one of Southern California’s premier and vibrant entertainment destinations. Therefore, establishment of the District (which encompasses the Promenade and its retail anchor – the Santa Monica Place shopping center) would be in keeping with the City’s current and past land use approaches for this important area.

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The boundaries of the District are deliberately drawn to encompass the areas that best represent the vision of the City’s commercial and entertainment core. Centered around the Third Street Promenade and extending to its anchor, Santa Monica Place, the District includes the City’s most active concentration of entertainment, retail, dining, and cultural uses. These areas collectively form the heart of Downtown’s economic and social life, making them the most suitable locations for creative digital displays that enhance both the visitor experience and the Downtown’s identity as a regional destination while ensuring compatibility with existing land uses. By aligning the District boundaries with the City’s pedestrian-only shopping area, the Ordinance ensures consistency with the City’s broader planning and economic goals—reinforcing ongoing efforts to reinvigorate Downtown, encourage foot traffic, and support a thriving, dynamic urban environment without encroaching upon adjacent residential neighborhoods.

Pursuant to Council direction, the Ordinance requires that all new digital displays in the District be approved by development agreement, so that all participating digital billboard operators and building owners are treated fairly and equitably, and to ensure that the full build-out scenario of all the digital displays allowed within the District can be analyzed for environmental impacts in accordance with state law. The development agreements are contingent upon effectiveness of the Ordinance adopting the District. Without the District in place, the City will lack the ability to control the proliferation of digital displays throughout the City. Further, the Ordinance ensures all digital displays are legally required to conform to the requirements therein, in compliance with CEQA and to control impacts on surrounding properties.

By adopting an Ordinance that establishes uniform standards to guide the review and installation of large format digital displays within the District, the City can advance its vision while maintaining oversight, consistency, and quality. The Ordinance creates a framework that celebrates innovation and creativity while regulating the new digital displays to ensure that such displays will not diminish the Downtown’s pedestrianoriented character.

The Ordinance restricts digital displays to a focused geographic area – the Third Street Promenade and the Santa Monica Place shopping center – where such displays would complement the existing entertainment, retail, dining, and visitor activities. The District’s

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boundary is shown in green in Figure 1 below. Specifically, digital displays would only be permitted at the following locations and sizes:
• On corner buildings located on the Promenade with a maximum of one display comprising no more than 1,000 sf of display area on a single display face, wrapping the corner of each building. On Landmark buildings, to provide for flexibility in design, a digital display may be double-sided so long as the total display area does not exceed 1,000 sf.
• On the exterior facades of the Santa Monica Place shopping center with a maximum of 4 digital displays and each display at no more than 1,000 sf, with no more than 4,000 sf of total display area cumulatively
By concentrating the displays to these locations, the City can minimize lighting impacts on residential uses outside of the District and leverage the prime visibility of these high traffic corners while limiting the proliferation of digital displays and saturation of economic benefits. Based on these limited locations, up to sixteen (16) digital displays could be potentially installed in the District.

Figure 1: Proposed Digital Display District

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Pink indicates proposed permitted digital signage locations. Green indicates the District.

Permitted Digital Display Corner Location – Third Street Promenade and Wilshire Boulevard

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1202 3rd Street Promenade 1201 3rd Street Promenade

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Permitted Digital Display Corner Locations – Third Street Promenade and Arizona Avenue
225 Arizona Avenue 301 Arizona Avenue/1253 3rd Street
Promenade
1310 3rd Street Promenade 1311 3rd Street Promenade/302 Arizona Avenue
Permitted Digital Display Corner Locations – Third Street Promenade and Santa Monica Boulevard

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1352 3rd Street Promenade 301 Santa Monica Blvd/1355 3rd Street Promenade
1402 3rd Street Promenade 1401 3rd Street Promenade
Permitted Digital Display Corner Locations – Third Street Promenade and Broadway

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227 Broadway 1453 3rd Street Promenade
Permitted Digital Display Locations – Santa Monica Place shopping center Third Street Promenade and Broadway 4
th Street and Colorado Avenue

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2 nd Street and Broadway 4th Street and Broadway
Driving Economic Recovery and Revitalization
The Third Street Promenade anchored by Santa Monica Place shopping center remains the economic and cultural heart of Santa Monica, yet it continues to face challenges from shifting retail trends and the lingering economic effects of the COVID-19 pandemic.

The introduction of new, carefully regulated digital displays offers an opportunity to:
• Create new, on-going revenue streams for the City and local businesses • Reinvigorate storefronts and façades with dynamic, visually-engaging content • Draw new visitors and investments to the Downtown
• Encourage advances in creative signage that blends technology, art, and design to enhance the urban character of the Promenade and Downtown as a whole The Ordinance is not designed simply as a signage regulation, but as a placemaking tool to support strategic capital improvements and activations that align with the City’s goals for an active, creative, and economically sustainable Downtown core. This targeted strategy complements ongoing initiatives such as the Promenade Entertainment Zone, reinforcing Downtown’s reputation as a vibrant and engaging destination for residents and visitors.

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To that end, the Ordinance requires that each digital display operator adhere to minimum building occupancy standards to be established in the development agreements. These occupancy standards ensure that activity and businesses are maintained at existing buildings. Ensuring that the ground floors of the existing buildings are fully occupied would encourage pedestrian activity, provide “eyes on the streets”, and contribute to a lively streetscape. Consistent building occupancy supports activity throughout the day and evening, helping to sustain the Downtown’s economy and retenant vacant storefronts. While the City aims to establish a 100% ground floor occupancy threshold for the development agreements, there is a recognition that deviations to this threshold may be necessary to account for unique site/building conditions and operations. Each development agreement for a digital display would be required to specify occupancy thresholds that would be negotiated between the City and applicant.

Balancing Innovation with Responsibility
The Ordinance was crafted to balance technological innovation with standards that respect the existing land uses in the area and are aligned with sustainability goals. The Ordinance would require that all new digital displays in the District be processed through a Development Agreement (DA) between the City and the digital display applicant. Each DA would be negotiated individually to ensure meaningful community benefits and operational safeguards. The DA would establish the terms and conditions under which the digital display applicant may install and operate the display, including the obligations of the applicant with respect to the digitals display(s) and enumerated community benefits - but all DA provisions would ensure consistency with the Ordinance.

The Ordinance includes safeguards that are embodied in the standards within Section

9.61.205(F) and 9.61.205(G). Key standards include:
• Size – Display area limits are set at a maximum of 1,000 square feet per digital display (architectural features excluded from the total display area)

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• Hours of Operation – Operational hours for digital displays are limited to: sunrise to 1:00 am. These hours are intended to strike a balance between the Promenade Entertainment Zone’s operating hours with the comfort of nearby light-sensitive residential uses.
• Content – Digital displays are allowed to include off-premise advertising, with content guidelines addressing prohibited language, offensive content, etc., to be set by the City Council in accordance with the First Amendment. • Energy – Mandatory use of 100% renewable energy resources for all displays, where commercially available. To the extent that it is available on-site, digital displays may also utilize solar power to satisfy a portion of its energy demand. • Design – Design of digital displays will be approved as part of the development agreement approval and no subsequent review pursuant to Chapter 9.55 or Section 9.61.050 is required unless required pursuant to the development agreement.
• Landmarks – Displays on Landmark buildings must meet specific conditions, including reversibility, must not materially impair the significance of the Landmark building, and all physical characteristics that convey the Existing Building’s significance must remain intact behind the Digital Display screen • Emergencies – Mandatory emergency use of displays for public announcements • Audio – Displays are prohibited from utilizing audio and sound effects, except when approved for City programming/events
• Maintenance and Appearance – Digital displays, including underside portions that project or encroach into the public right of way, must be continuously maintained in good condition and free from blight (e.g., graffiti, rust, etc.) and operators must ensure that utilities are not publicly visible (i.e., covered, hidden, or undergrounded).
• Malfunction – Displays must have a control system, including an emergency shutoff switch, and monitoring in place to either turn the display off or show full black screen in the event of a malfunction.

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• Illuminations Controls – Standards that address brightness which include, but are not limited to:
o Luminance for displays must adhere to the following levels:
▪ Daytime: From sunrise until sunset, luminance shall not exceed 6,000 candelas per meter squared.1
▪ Evening: From sunset until 10:00 p.m., luminance shall not exceed 300 candelas per meter squared.
▪ Nighttime: From 10:00 p.m. to 1:00 a.m., luminance shall not exceed 200 candelas per meter squared.
▪ After Hours: From 1:00 a.m. until sunrise, digital display shall be powered off.
o Illuminance from any digital display or architectural lights of the display shall not exceed 3.0-foot candles (fc) at any nearby residential uses within the District to limit light trespass2
o Automatic dimming and shutoff features to minimize nighttime light o Required Photometric Report and illumination testing to ensure compliance with illumination standards
These standards were developed based on a Lighting Study prepared for the Digital Display District. The Lighting Study conservatively analyzed all 16 potential digital displays that could be installed and operated in the future under the Ordinance. The standards in the Ordinance would regulate light and glare from the Digital Displays, in consideration of existing light-sensitive residential uses. Commercial use properties such as office buildings restaurants, or retail stores are not considered sensitive use properties as they are not generally occupied during the evening hours by persons for 1 Whereas Illuminance indicates the amount of light falling on a given surface, Luminance describes the brightness of an illuminated or luminous surface.
2 Illuminance describes the amount of light falling onto or illuminating a given surface area. Illuminance is measured using a vertical calculation plane at the property line of the residential use.

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sleeping. Light exposure does not adversely affect commercial operations in the same way it can disrupt individuals who rely on darkness to sleep.

The Ordinance also includes standards to address concerns regarding driver distraction:
• Driver Safety Features – Standards to protect driver and pedestrian safety, which include:
o Prohibition of directional, warning, danger, or information sign, or any other display likely to be mistaken for a traffic direction sign. o Prohibition of any red, flashing, blinking, or intermittent lighting that may be mistaken for warning or danger signals
o Refresh rate of no more often than once every 12 seconds for static images.
o Transition fade in from the previous image over no less than one second for static or animated image.
o Prohibition of stroboscopic or flashing images, text, or lighting which rapidly change direction, oscillate, flash or reverse in contrast, and scrolling text
Expanding Community Benefits and Cultural Enrichment Opportunities A key requirement of the Ordinance is its emphasis on community benefits and shared value. The Ordinance requires that applicants of the digital displays provide community benefits in the form of financial contributions and allocated display time.

Financial Community Benefits
To ensure a level playing field for applicants, the City retained the services of Playfly LLC to prepare an economic study of the Ordinance, focusing on policy and revenue considerations for potential operation of up to 16 digital displays on the Third Street Promenade and Santa Monica Place Shopping Center. The study’s analysis is based on background research, landscape analysis of best-in-class advertising environments, as well as a review of existing traffic patterns and other key factors that may influence projected values. The study estimates that the potential 16 digital displays in the District could generate $19–$27 million in gross annual revenue, averaging approximately $1.2-

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$1.7 million per digital display (in today’s dollars). The economic study provides the foundation for the financial community benefits requirements established in the Ordinance. By embedding these financial provisions directly into the Ordinance, all digital display proposals within the District would be treated fairly and equitably.

The revenue-sharing model and minimum annual guarantee (MAG) outlined in the Ordinance provides a balanced approach to ensure that the City receives a consistent stream of financial benefits throughout the proposed 30-year term of each development agreement while ensuring a level playing field for current and future applicants. Under this approach, the City would receive the greater of, either • 20% share of gross annual revenues from advertisements; or The MAG for each digital display, which is established at a minimum of $500,000 per digital display (to be escalated commencing on June 30, 2027, and annually by 3%). This escalation rate reflects an average annual rate of inflation. If a display is less than 1,000 sf, the starting MAG is reduced proportionately based on square footage up to a maximum of fifty percent (50%). For example, for a 700 square foot Digital Display, the MAG Contribution would be $350,000 on June 30, 2027. This MAG is then increased 3% annually after.

Additionally, to account for market saturation as more digital displays become operational in the District, the Ordinance establishes that when the 10th Digital Display in the District “goes live”, the MAG for a digital display would then deescalate by 3% for every display thereafter (e.g., 3% reduction for the 10th Digital Display, additional 3% reduction for the 11th Digital Display, etc.).

If all 16 digital displays are installed and operated in the District, the City could receive up to approximately $7 million per year (in today’s $) from the MAG of all the displays.

The City’s estimated earnings could be potentially higher if the 20% share of gross annual revenues for a digital display exceeds the MAG.

Additionally, as an added community benefit that is required in the Ordinance, a onetime contribution payment of $500,000 is required per display (this amount will escalate

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by 3% starting on June 30, 2027, and annually thereafter until the payment for a digital display is made). The one-time contribution must be paid within 30 days of issuance of a Certificate of Occupancy or final building permit signoff for a digital display.

As discussed at the June 10, 2025 Council meeting, financial proceeds received by the City could be used to repay the housing trust fund, for public improvements to support a clean and safe Downtown, citywide services, public arts programming, and City programming –allowing digital displays to serve as an asset that directly benefits the broader community.

Integration of City and Art Content
Additionally, the Ordinance creates a unique and valuable opportunity for the City to showcase creativity through dynamic, large-scale outdoor public art experiences and to highlight local event information. Each digital display must allocate at least 20% of screen time for City and Art Content, curated through a City-administered program that will highlight civic information, cultural programming, local storytelling, and artwork. This ensures that digital displays not only serve commercial purposes but also act as public communication and cultural platforms, reflecting Santa Monica’s values of creativity, innovation, and civic pride.

The installation of the digital displays expands community access to public art, reimagining Santa Monica as a living gallery—where every street, storefront, and public space can spark creativity and engagement. Digital displays provide an innovative new platform to advance this approach, extending the reach of public art beyond static displays and installations into dynamic, time-based media. By integrating curated digital art into the displays, the City can highlight local and international artists, promote cultural events, and transform the City’s most famous pedestrian promenade into an outdoor evolving art museum that is accessible to all.

Unlike traditional physical installations, digital displays offer the flexibility to continually refresh and rotate creative content, creating opportunities for seasonal showcases, artist residencies, or themed collaborations. The required City and Art Content allocation (estimated to be 12 minutes per hour) under the Ordinance ensures that

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these displays regularly feature community and art programming—such as short video art, digital sculpture, animation, or civic storytelling—bringing art to thousands of daily visitors on the Promenade and at Santa Monica Place.

In addition to expanding artistic reach, digital displays can visually activate the Promenade storefronts and Santa Monica Place facades and support the city’s focus on creative placemaking and civic identity. Coordinated campaigns could feature local artists’ work alongside public safety messages, cultural event promotions, or student art showcases—turning every digital screen into a storytelling surface that celebrates the City, its residents, and values. With partnerships between the City, local arts organizations, and display operators, the digital displays can provide opportunities for artists, strengthen the creative economy, and make art a visible, integral part of daily urban life.

Community Development and Recreation and Arts Department staff have reviewed various models for implementing a comprehensive and coordinated City and Art Content program for Santa Monica. Staff concur that administrative guidelines should be established by an interdepartmental team to guide program implementation. Staff also recognizes that administering a high-quality City and Art Content program will require additional resources and a consistent funding mechanism. Currently, Santa Monica’s private developer cultural arts requirement (SMMC Chapter 9.30) requires 2% of the average square footage cost of construction of a development project for on-site artwork and 1% of this value for in-lieu fees. In the City of West Hollywood, artwork for multiple digital billboards is coordinated and managed through a single city-operated “Moving Image Media Art” (MIMA) Program, which provides the framework for presenting artwork on multiple full-motion billboards at various locations along Sunset Boulevard. The MIMA program is funded by an approximately 1% percentage share of the revenue sharing model, which is utilized for administration and artist fees.

Therefore, Council should consider allocating a portion of the City’s share of future digital display revenues for the purpose of interdepartmental implementation and funding.

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Planning Commission Comments
The Ordinance was presented to Planning Commission for a courtesy review on October 29, 2025. The Commission was generally supportive of the Ordinance and provided various comments addressing the Ordinance and anticipated community benefits expected in all future development agreements for digital display. Comments provided by individual commissioners, but not necessarily in consensus, include:

Design
• Ensure that the process for digital displays includes opportunity for design input, such as an ad hoc committee comprised of Commission members. • It is important for digital displays on Landmark buildings to receive expert review and input from historic preservation professionals, including the Landmarks Commission.
• Digital displays should not cover or cause important architectural features to be removed – if such features must be removed or altered, require that they be restored if digital display is removed.
• Design of the displays should focus on creativity and quality; the displays can be artwork themselves.
• Designs should relate to building architecture and incorporate design elements/screening that responds to the building.
• For digital displays on Landmarks, displays should be differentiated and compatible with the existing building.

Ordinance Requirements
• Where the displays project onto the public right of way, ensure that the undersides of the displays do not create a visual blight. • Include storytelling of local Santa Monica history into the City’s 20 percent allocation of display time.
• Ordinance should be clear that solar power from photovoltaic panels on the building could be used for the digital displays.

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• Suggest that the Ordinance allow horizontal scrolling text with standards that provide for driver safety (e.g., speed of scrolling text, etc).

Standard Requirements for the Development Agreements
• Development agreements should clearly define building occupancy requirements; “occupancy” could mean different things for different building owners. General principle of equity should be applied for occupancy thresholds. • There is agreement that it is important to ensure building occupancy, particularly on the ground floor.
• Development agreements could also include a provision that allows occupancy credits if the upper levels of the building are rented out to a non-profit organization.
• Development agreements should clearly define clauses related to impairment of use, including more clarification on the terms if trees canopy interfere/impair use of the digital display.
• Development agreements need to require digital display operators to have a plan in place (“good neighbor” policy) to resolve disputes and complaints of lighting impacts on tenants and landlords of nearby buildings.
• Development agreements must include a cessation clause to address the scenario where a digital display is turned off by the property owner or operator for a significant amount of time.
• Consider whether the early termination fee for the digital displays should be removed, so as to not disincentivize redevelopment of the property.

Other
• Consider the use of the revenue from the digital displays to fund important City goals such as public improvements.
• Council should give direction that the City’s proposal for installation of signage to restrict right turns on reds be implemented prior to the digital displays being operational.

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• Council should consider expansion of the District boundaries. It should be noted that this direction is inconsistent with prior Council direction to establish the District for the Third Street Promenade and Santa Monica Place shopping center only. Expansion of the District will have substantial implications on the financial community benefits that have been negotiated upon with current applicants and which are established in the Ordinance. Furthermore, expansion of the District would require additional analysis on potential advertising market saturation and expanded analysis of increased lighting impacts on residential uses.

Environmental Review
The Ordinance is categorically exempt from CEQA pursuant to Section 15301 (Class 1 – Existing Facilities), Section 15303 (Class 3 - New Construction or Conversion of Small Structures), Section 15311 (Class 11 - Accessory Structures), Section 15331 (Class 31 - Historical Resource Restoration/Rehabilitation), and Section 15332 (Class 32 – Infill Developments) of the CEQA Guidelines.
• Section 15301 of CEQA Guidelines exempts the operation, repair, maintenance, permitting, or minor alteration of existing public or private structures, facilities, mechanical equipment or topographical features, involving negligible or no expansion of use beyond that existing at the time of the lead agency's determination. Projects that fall into this class of exemption include interior or exterior alterations and new copy on existing on and off-premise signs and additions to existing structures provided that the addition will not result in an increase of more than: (1) 50 percent of the floor area of the structures before the addition, or 2,500 square feet, whichever is less; or (2) 10,000 square feet. The Ordinance would permit and regulate digital displays, which would be affixed to existing corner buildings on the Promenade and the Santa Monica Place shopping center. These digital displays are considered alterations to existing buildings and parking structure(s). No expansion of the land uses or existing structure is proposed. Therefore, the Ordinance is exempt under Section 15301. • Section 15303 of CEQA Guidelines exempts the construction and location of limited numbers of new small facilities or structures; installation of small new

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equipment and facilities in small structures; and the conversion of existing small structures from one use to another where only minor modifications are made in the exterior of the structure. Projects that fall into this class of exemption include accessory (appurtenant) structures including garages, carports, patios, swimming pools, and fences. The Ordinance would permit digital displays that would be accessory structures to existing buildings. Therefore, the Ordinance is exempt under Section 15303.
• Section 15311 of CEQA Guidelines exempts the construction, or placement of minor structures accessory to (appurtenant to) existing commercial, industrial, or institutional facilities. Projects that fall into this class of exemption include construction, or placement of minor structures accessory to (appurtenant to) existing commercial, industrial, or institutional facilities, including but not limited to: (a) On-premise signs. The Ordinance would permit the installation of digital displays that would be accessory structures to existing buildings. Therefore, the Ordinance is exempt under Section 15311.
• Section 15331 of CEQA Guidelines exempts projects limited to maintenance, repair, stabilization, rehabilitation, restoration, preservation, conservation or reconstruction of historical resources in a manner consistent with the Secretary of the Interior’s Standards for the Treatment of Historic Properties with Guidelines for Preserving, Rehabilitating, Restoring, and Reconstructing Historic Buildings (“the Standards”). Section 9.61.205(G)(7) of the Ordinance requires that digital displays on Landmark buildings be reversible3 and that the digital displays do not materially impair the historic significance of the Landmark.

Additionally, the Ordinance requires that all physical characteristics that convey the Existing Building’s significance remain intact behind the digital display screen, as determined by a Qualified Historic Preservation Professional.

Therefore, with these requirements, proposed digital displays on Landmark buildings would be generally consistent with the Standards and therefore, the Ordinance is exempt under Section 15331.
3 Under the Secretary of the Interior Standards for the Treatment of Historic Properties, Standard 10 requires that any new additions or alterations to a historic property be done in a way that, if removed, the essential form and integrity of the historic property would remain unimpaired

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• Section 15332 of CEQA Guidelines exempts projects characterized as in-fill development meeting the conditions below.
a) The project is consistent with the applicable general plan designation and all applicable general plan policies as well as with applicable zoning designation and regulations.
b) The proposed development occurs within city limits on a project site of no more than five acres substantially surrounded by urban uses. c) The project site has no value, as habitat for endangered, rare or threatened species.
d) Approval of the project would not result in any significant effects relating to traffic, noise, air quality, or water quality.
e) The site can be adequately served by all required utilities and public services.

The Ordinance meets the qualifications of the in-fill exemption as it would be generally consistent with the general plan, would permit the development of digital displays on a site of no more than 5 acres in an urban area that has no value for endangered, rare, or threatened species. Additionally, the installation of digital displays under the Ordinance would not result in significant effects related to traffic, noise, air quality, or water quality, and the displays can be adequately served by all required utilities and public service. Therefore, the Ordinance is exempt under Section 15332.

In addition, none of the exceptions specified in Section 15300.2 of CEQA Guidelines would apply that would preclude the use of these CEQA exemptions as indicated in the attached CEQA analysis. Therefore, the Ordinance is categorically exempt pursuant to Sections 15301, 15303, 15311, 15331, and 15332 of the CEQA Guidelines.

Past Council Actions
Meeting Date Description
September 13, 2022 Council directed staff to explore establishing a large-format

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digital signage pilot program at Santa Monica Place that supports placemaking and stimulates economic recovery
efforts in the Downtown.

January 10, 2023 Council adopted an Ordinance to award a franchise to BIG Outdoor for the installation, operation, and maintenance of a digital wayfinding and out-of-home advertising kiosk network in the public right-of-way.

October 22, 2024 Council adopted an emergency ordinance amending Santa Monica Municipal Code Chapter 9.61 to increase flexibility for signage in the Bayside Conservation District and Third Street Promenade to promote economic recovery.

March 25, 2025 Council adopted an emergency ordinance amending Santa Monica Municipal Code Chapter 9.61 to provide a minor
clarification to the sign code amendments that were
previously adopted on October 22, 2024.

May 13, 2025 Council adopted an emergency ordinance to establish the Third Street Promenade Entertainment Zone Pilot program.

June 10, 2025 Council directed staff to proceed with establishing a new digital signage district for the Third Street Promenade and the Santa Monica Place shopping center, and to begin
negotiations with the applicants of new digital displays.

Financial Impacts and Budget Actions
There is no immediate financial impact or budget action necessary as a result of recommended action. Staff will monitor the program and return to Council if specific budget actions are required in the future.

Assuming buildout of all 16 digital displays permitted in the District, adoption of the Ordinance is expected to generate financial contributions to the City’s General Fund in the form of 1) a MAG, estimated to be between $3.5 million and $7.0 million annually or 2) a 20% percent share of the gross annual revenues for each approved digital display, whichever is greater. The City will also receive a one-time contribution payment of $500,000 per digital display (which will escalate by 3% starting on June 30, 2027 and annually thereafter), estimated to generate an additional $3.5 - $8.0 million in total onetime contributions for all 16 digital displays.

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

A. Digital Display Advertising Guidelines
B. AttachmentB_CEQA Exemption Findings DigitalDisplayOrd C. Santa Monica Sign Ordinance Study_Final_20251208
D. CDD-ORD-Digital Sign District 12.16.25
E. Written Comments
F. PowerPoint Presentation

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CITY OF SANTA MONICA

ADVERTISING GUIDELINES
The City allows exterior advertising without regard to content and viewpoint, except advertising that contains material falling within one or more of the following categories:

1. Obscene Matter or Harmful Matter as those terms are defined by the California Penal Code Sections 311 or 313.

2. False, misleading or deceptive material. Any material that is, or the sponsor reasonably should have known is, false, fraudulent, misleading, deceptive, or would constitute a tort of defamation or invasion of privacy.

3. Material that infringes on any copyright, trade or service mark, title, or slogan.

4. Illegal activity and hate speech. Material that promotes or encourages unlawful or illegal behavior or activities under local, state, or federal laws.

5. Profanity and violence. Advertising that contains any profane language, or portrays images or descriptions of graphic violence, or intentional infliction of pain or violent action towards or upon a person or animal, or that depicts weapons or devices that appear to be aimed or pointed at the viewer or observer in a menacing manner.

6. Effects likely to cause driver distraction, including but not limited to flashing lights, copy that simulates any traffic sign in a manner which confuses the public, or anything that may interfere with the safe operation of traffic, pedestrians, or the public at large.

7. Material that conflicts with any applicable federal, state, or local law, statute, or ordinance, including but not limited to laws and regulations regarding advertising of tobacco, alcohol, and cannabis products.

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Packet Pg. 536 Attachment: Digital Display Advertising Guidelines (7108 : Digital Display Signage District Ordinance for Third Street Promenade and Santa Digital Display District Ordinance CEQA Exemption Analysis Project Description
The Digital Display District Ordinance (Ordinance or the Project) establishes the regulatory framework to enable the potential installation of new large, scale digital displays within a District, comprised of the Third Street Promenade and the Santa Monica Place Shopping Center. The Third Street Promenade area is bound by Wilshire Boulevard on the north, Broadway on the south, Third Court on the east, and Second Court on the west. The Santa Monica Shopping Center is bound by Wilshire Boulevard on the north, Colorado Avenue on the south, Fourth Street on the east, and Second Street on the west.

The Ordinance restricts digital displays to a focused geographic area – the Third Street Promenade and the Santa Monica Place shopping center – where such displays would complement the existing entertainment, retail, dining, and visitor activities. Specifically, digital displays would only be permitted at the following locations:
• On corner buildings located on the Promenade with a maximum of one 1,000 sf display wrapping the corner of each building
• On the exterior facades of the Santa Monica Place shopping center with a maximum of 4 digital displays, with a total cumulative maximum of 4,000 sf Based on these limited permitted locations, up to sixteen (16) digital displays could be potentially installed in the District. These 16 displays represent the maximum buildout scenario. Under the Ordinance, all digital displays in the District would be required to comply with the illumination and driver safety standards established therein.

Reasons Why the Project is Exempt from CEQA
The Ordinance is categorically exempt from CEQA pursuant to Section 15301 (Class 1 – Existing Facilities), Section 15303 (Class 3 - New Construction or Conversion of Small Structures), Section 15311 (Class 11 - Accessory Structures), Section 15331 (Class 31 – Historical Resource Restoration/Rehabilitation), and Section 15332 (Class 32 – Infill Developments) of the CEQA Guidelines.
• Section 15301 of CEQA Guidelines exempts the operation, repair, maintenance, permitting, or minor alteration of existing public or private structures, facilities, mechanical equipment or topographical features, involving negligible or no expansion of use beyond that existing at the time of the lead agency's determination. Projects that fall into this class of exemption include interior or exterior alterations and new

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Packet Pg. 537 Attachment: AttachmentB_CEQA Exemption Findings DigitalDisplayOrd [Revision 1] (7108 : Digital Display Signage District Ordinance for copy on existing on-premise and off-premise signs and additions to existing structures provided that the addition will not result in an increase of more than: (1) 50 percent of the floor area of the structures before the addition, or 2,500 square feet, whichever is less; or (2) 10,000 square feet. The Ordinance would permit and regulate digital displays, which would be affixed to existing corner buildings on the Promenade and the Santa Monica Place shopping center. These digital displays are considered alterations to existing buildings and parking structure(s). No expansion of the land uses or existing structure is proposed. Therefore, the Ordinance is exempt under Section 15301.
• Section 15303 of CEQA Guidelines exempts the construction and location of limited numbers of new small facilities or structures; installation of small new equipment and facilities in small structures; and the conversion of existing small structures from one use to another where only minor modifications are made in the exterior of the structure.

Projects that fall into this class of exemption include accessory (appurtenant) structures including garages, carports, patios, swimming pools, and fences. The Ordinance would permit digital displays that would be accessory structures to existing buildings. Therefore, the Ordinance is exempt under Section 15303. • Section 15311 of CEQA Guidelines exempts the construction, or placement of minor structures accessory to (appurtenant to) existing commercial, industrial, or institutional facilities. Projects that fall into this class of exemption include construction, or placement of minor structures accessory to (appurtenant to) existing commercial, industrial, or institutional facilities, including but not limited to: (a) On-premise signs.

The Ordinance would permit the installation of digital displays that would be accessory structures to existing buildings. Therefore, the Ordinance is exempt under Section 15311.
• Section 15331 of CEQA Guidelines exempts projects limited to maintenance, repair, stabilization, rehabilitation, restoration, preservation, conservation or reconstruction of historical resources in a manner consistent with the Secretary of the Interior’s Standards for the Treatment of Historic Properties with Guidelines for Preserving, Rehabilitating, Restoring, and Reconstructing Historic Buildings (“the Standards”).

Section 9.61.205(G)(7) of the Ordinance requires that digital displays on Landmark buildings be reversible1 and that the digital displays do not materially impair the historic 1 Under the Secretary of the Interior Standards for the Treatment of Historic Properties, Standard 10 requires that any new additions or alterations to a historic property be done in a way that, if removed, the essential form and integrity of the historic property would remain unimpaired

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Packet Pg. 538 Attachment: AttachmentB_CEQA Exemption Findings DigitalDisplayOrd [Revision 1] (7108 : Digital Display Signage District Ordinance for significance of the Landmark. Additionally, the Ordinance requires that all physical characteristics that convey the Existing Building’s significance will remain intact behind the digital display screen, as determined by a Qualified Historic Preservation Professional. Therefore, with these requirements, proposed digital displays on Landmark buildings would be generally consistent with the Standards and therefore, the Ordinance is exempt under Section 15331.
• Section 15332 of CEQA Guidelines exempts projects characterized as in-fill development meeting the conditions below.
a) The project is consistent with the applicable general plan designation and all applicable general plan policies as well as with applicable zoning designation and regulations.
b) The proposed development occurs within city limits on a project site of no more than five acres substantially surrounded by urban uses. c) The project site has no value, as habitat for endangered, rare or threatened species.
d) Approval of the project would not result in any significant effects relating to traffic, noise, air quality, or water quality.
e) The site can be adequately served by all required utilities and public services.

The Ordinance meets the qualifications of the in-fill exemption as it would be generally consistent with the general plan, would permit the development of digital displays on a site of no more than 5 acres in an urban area that has no value for endangered, rare, or threatened species. Additionally, the installation of digital displays under the Ordinance would not result in significant effects related to traffic, noise, air quality or water quality, and the displays can be adequately served by all required utilities and public service. Therefore, the Ordinance is exempt under Section 15332.

In addition, none of the exceptions specified in Section 15300.2 of CEQA Guidelines would apply that would preclude the use of these CEQA exemptions:
• The project site is not located in a sensitive environment – The Digital Display District (District) is located in the urbanized Downtown area of Santa Monica, encompassing specifically the Third Street Promenade and Santa Monica Place shopping center.

The District is fully developed with existing buildings and urban infrastructure, and

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Packet Pg. 539 Attachment: AttachmentB_CEQA Exemption Findings DigitalDisplayOrd [Revision 1] (7108 : Digital Display Signage District Ordinance for does not contain any natural or sensitive habitats. The likelihood of the presence of any sensitive or special status species is extremely remote. The Ordinance would allow for digital displays to be installed on existing buildings in the District. No vegetation, including sensitive or riparian vegetation, would be affected by the digital displays.
• The project will not have a significant effect on the environment due to unusual circumstances – Digital displays are not unusual for entertainment districts and shopping centers. Such digital displays are common in high activity urban areas in the Los Angeles region, particularly within entertainment districts, downtowns, and commercial nightlife corridors (i.e., Downtown LA, West Hollywood’s Sunset Strip).

This includes digital displays at:
o 8775 Sunset Blvd– two digital displays consisting of approximately 1,000 sf and 500 sf in area
o 8743 Sunset Blvd – approximately 1,000 sf (21’ all and 55’ wide) o 9157 Sunset Blvd - approximately 1,000 sf (20'6" tall and 50'5" wide) o 8739 Sunset Blvd - approximately 1,026 sf (19’ tall and 54’ feet wide) o 1200 S. Figueroa (LA Live) – approximately 66’ tall and 120’ wide o 1200 S. Figueroa (LA Live) – approximately 53’ tall and 112’ wide o 1200 S. Figueroa (LA Live) – approximately 53’ tall and 85’ wide o 1260 S. Figueroa (LA Live) – approximately 50’ tall and 300’ wide Key issues of concern associated with the District’s digital displays include aesthetics (specifically, light/glare), energy use, and driver distraction effects. As described below, the District would not have a significant effect related to these issues due to unusual circumstances:

Light and Glare
A Lighting Study was prepared to analyze the District’s potential lighting and glare impacts to nearby sensitive uses, taking into account the illumination standards and regulations included in the Ordinance. For a worst case (conservative analysis), the Study analyzes all proposed and potentially future illuminated signs that could be installed in the District (up to 16 signs). In analyzing light and glare impacts, the study identified and conducted monitoring at nearby sensitive receptors shown in the graphic below:

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Packet Pg. 540 Attachment: AttachmentB_CEQA Exemption Findings DigitalDisplayOrd [Revision 1] (7108 : Digital Display Signage District Ordinance for The District is commercially zoned and is the City’s main economic activity center, and therefore, existing and future lighting levels experienced by residential uses are expected to be higher as compared to a residential use in a residentially zoned area. Commercial use properties such as office buildings restaurants, or retail stores are not considered sensitive use properties as they are not generally occupied during the evening hours by persons for sleeping. Light exposure does not adversely affect commercial operations in the same way it can disrupt individuals who rely on darkness to sleep – this is the basis for why commercially zoned areas typically have lighting standards that are higher than in residentially zoned areas.

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Packet Pg. 541 Attachment: AttachmentB_CEQA Exemption Findings DigitalDisplayOrd [Revision 1] (7108 : Digital Display Signage District Ordinance for Monitoring sites are utilized to describe and evaluate the existing lighting conditions at and surrounding the District to determine the maximum potential impacts that may result from light or glare onto the nearest sensitive use properties. All monitoring site locations are within the District or located in proximity of the District and would have views of the digital displays. Several monitoring sites are also potential future display locations.

Appendix G of the California Environmental Quality Act (CEQA) Guidelines (14 California Code of Regulations, Sections 15000–15387) provides a set of sample questions to evaluate impacts with regard to aesthetics, including light and glare. Therefore, for the purposes of the Lighting Study in compliance with CEQA, the City of Santa Monica provides an analysis of impacts based on the CEQA Guidelines Appendix G “questions”.

As further described in the Lighting Study, the District’s digital displays would have a significant impact with regard to artificial light or glare if:

Light
• Light trespass illuminance from a digital display exceeds 3.0 fc at nearby residential use properties within the District and therefore adversely changes the ambient light level.

The 3.0 fc threshold corresponds to the maximum permitted illuminance from signs by the City of Los Angeles Municipal Code, and is appropriate given that the District is an urban downtown, is predominantly commercial in nature, and is a designated nighttime entertainment district. The lighting within District is anticipated to function in a manner similar to the Los Angeles Sports and Entertainment District which supports nighttime activity. • Light trespass illuminance from a digital display exceeds 1.4 fc at residential use outside the District, and therefore adversely changes the ambient light level.

The 1.4 fc threshold takes into account the high density urban nature of the surrounding area outside of the District, which is characterized by more residential uses that are interspersed amongst predominantly commercial uses.

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Packet Pg. 542 Attachment: AttachmentB_CEQA Exemption Findings DigitalDisplayOrd [Revision 1] (7108 : Digital Display Signage District Ordinance for Glare
• Or, the digital display creates glare with new high contrast conditions, with contrast ratio greater than 30:1, visible from a field of view from a residential use property.
• Or, the digital display creates glare effects on drivers of motor vehicles by exceeding the maximum luminance standards established by Section 21466.5 of the California Vehicle Code, where maximum brightness of the display within 10 degrees from the driver’s normal field of view is greater than 1,000 times the minimum measured brightness in the driver’s field of view, or when the minimum measured brightness in the field of view is 10 footlamberts or less, the measured brightness of the light source in footlambert exceeds 500 plus 100 times the angle, in degrees, between the driver’s field of view and the light source.

As analyzed and detailed further in the Lighting Study, light trespass resulting from the digital displays will be less than the significance threshold of 3.0 fc for residential use properties within the District and less than 1.4 fc for residential use properties outside of the District. Furthermore, at all residential use properties, the maximum luminance of the displays will be less than 30 to 1 contrast ratio. Furthermore, the Project would not result in driver distraction under the criteria identified under California Vehicle Code Section 21466.5. Therefore, light and glare impacts from the digital displays would be less than significant.

Additionally, pursuant to Public Resources Code Section 21099, aesthetic impacts of the digital displays permitted under the Ordinance shall not be considered significant impacts on the environment since they are considered an employment center project on an infill site within a transit priority area (see table below). “Employment center project”
means a project located on
property zoned for commercial
uses with a floor area ratio of no
less than 0.75 and that is located
within a transit priority area.

All of the permitted digital display
locations in the Ordinance are
commercially zoned Bayside
Conservation and Transit Adjacent
Zone, have existing building
improvements with FAR greater than

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Packet Pg. 543 Attachment: AttachmentB_CEQA Exemption Findings DigitalDisplayOrd [Revision 1] (7108 : Digital Display Signage District Ordinance for

0.75, and is located with a transit
priority area.
“Infill site” means a lot located
within an urban area that has been
previously developed, or on a
vacant site where at least 75
percent of the perimeter of the site
adjoins, or is separated only by an
improved public right-of-way from,
parcels that are developed with
qualified urban uses.

The District, inclusive of all permitted
digital display locations, are fully
developed with urban uses.
“Transit priority area” means an
area within one-half mile of a major
transit stop that is existing or
planned, if the planned stop is
scheduled to be completed within
the planning horizon included in a
Transportation Improvement
Program or applicable regional
transportation plan.

The District is located within a transit
priority area as it is located within ½
mile of the Downtown Station for the
Metro E Line at 4th Street and Colorado
Avenue.

Energy Use
Section 9.61.205(G)(6) of the Ordinance would require that all new digital displays utilize 100% renewable energy resources; therefore, the digital displays would not result in the inefficient, unnecessary, or wasteful consumption of energy.

Driver Distraction
Section 9.61.205(H) of the Ordinance establishes standards and requirements to minimize driver distraction effects and ensure traffic safety. These standards include:
o Prohibition of directional, warning, danger, or information sign, or any other display likely to be mistaken for a traffic direction sign.

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Packet Pg. 544 Attachment: AttachmentB_CEQA Exemption Findings DigitalDisplayOrd [Revision 1] (7108 : Digital Display Signage District Ordinance for o Prohibition of any red, flashing, blinking, or intermittent lighting that may be mistaken for warning or danger signals
o Refresh rate of no more often than once every eight seconds for static images. o Transition fade in from the previous image over no less than one second for static or animated image.
o Prohibition of stroboscopic or flashing images, text, or lighting which rapidly change direction, oscillate, flash or reverse in contrast, and scrolling text With adherence to these requirements that are contained within the Ordinance, driver distraction effects would not be significant.

Furthermore, the City of West Hollywood recently commissioned a traffic safety study to address driver distraction effects that could occur due to the new digital billboards that have been installed on Sunset Boulevard.2 The study peer-reviewed existing research on the effects of full motion billboards on traffic safety conditions and collision rates, including a comparative collision analysis, comparing crash patterns on Sunset Boulevard with three other major corridors in the Los Angeles area. The study concludes that the “comparative collision analysis does not reveal any trends that suggest the presence of numerous billboards leads to a greater number of collisions compared with corridors in a similar urban environment with fewer billboards.” The existing urban conditions of the District pose less traffic safety and driver distraction risks than in West Hollywood and other urban locations that the traffic safety study reviewed. The Ordinance’s permitted locations for digital displays, particularly the corner Promenade buildings, have lower posted travel speeds than on Sunset Boulevard and on freeways where digital billboards are common. Additionally, the adjacent roadways to the display locations have less capacity (1-2 travel lanes in each direction). Therefore, the risk of driver distraction effects is anticipated to be further reduced in comparison to the traffic safety study. • The project would not damage scenic resources - There are no scenic resources or scenic highways within or adjacent to the District boundaries. Pacific Coast Highway (PCH), located west of the Downtown, is eligible for designation as scenic highway, 2 Appendix E1 of Addendum to the Final Initial Study/Negative Declaration Sunset Strip Off-Site Signage Policy, West Hollywood Updated Billboard Traffic Safety Study, Fehr & Peers, July 30th 2025.

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Packet Pg. 545 Attachment: AttachmentB_CEQA Exemption Findings DigitalDisplayOrd [Revision 1] (7108 : Digital Display Signage District Ordinance for but it is not currently designated as such by the State or the County of Los Angeles nor is the highway located within the same viewshed as the District. Therefore, the digital displays would not have impacts on scenic resources. • The project is not located on a hazardous waste site - The following hazardous materials databases were checked in November 2025 for known hazardous materials sites within the District pursuant to Government Code Section 65962.5:
o Department of Toxic Substances Control’s (“DTSC”) Envirostor database for hazardous waste and substances sites;
o State Water Board’s Geotracker Database for cleanup program sites, land disposal sites, leaking underground storage tank sites, military sites, permitted UST sites, oil and gas monitoring sites, and National Pollutant Discharge Elimination System sites
o State Water Board’s list of solid waste disposal sites with waste constituents above hazardous waste levels;
o California Environmental Protection Agency’s Lists of active Cease and Desist Orders (“CDO”), Cleanup and Abatement Orders (“CAO”), Contaminated Solid Waste Disposal Sites.

None of the digital display locations permitted by the Ordinance are listed on any of the above hazardous material databases compiled pursuant to Government Code Section 65962.5. Further, the installation of digital displays on existing buildings would not include significant ground-disturbing activities, such as foundation work, grading, or excavation, such that subsurface contamination could be encountered. Therefore, no impacts related to hazardous waste site listing pursuant to Government Code Section 65962.5 would occur as a result of the Ordinance. • The project would not cause a substantial adverse change in the significance of a historical resource – Of the 16 permitted display locations, six are developed with City-designated Landmark properties:
o 1202 Third Street Promenade
o 1201 Third Street Promenade
o 1311 Third Street Promenade/ 302 Arizona Avenue
o 301 Santa Monica Blvd/1355 Third Street Promenade
o 1352 Third Street Promenade

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Packet Pg. 546 Attachment: AttachmentB_CEQA Exemption Findings DigitalDisplayOrd [Revision 1] (7108 : Digital Display Signage District Ordinance for o 227 Broadway
Section 9.61.205(G)(7) of the Ordinance requires that digital displays on Landmark buildings be reversible3 and that the digital displays do not materially impair the historic significance of the Landmark. Therefore, the proposed installation of digital displays would not result in an adverse effect on a historic resource.

Based on the above analysis, this Ordinance is categorically exempt per Sections 15301, 15303, 15311, 15331, and 15332 of the CEQA Guidelines.
3 Under the Secretary of the Interior Standards for the Treatment of Historic Properties, Standard 10 requires that any new additions or alterations to a historic property be done in a way that, if removed, the essential form and integrity of the historic property would remain unimpaired

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Packet Pg. 547 Attachment: AttachmentB_CEQA Exemption Findings DigitalDisplayOrd [Revision 1] (7108 : Digital Display Signage District Ordinance for Third Street Promenade and Santa Monica
Place Digital Display District
Lighting Study
Santa Monica, California
December 8, 2025

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Packet Pg. 548 Attachment: Santa Monica Sign Ordinance Study_Final_20251208 (7108 : Digital Display Signage District Ordinance for Third Street Promenade 251030 SM010_Santa Monica Sign Ordinance Study_Final December 8, 2025 page 2

1. INTRODUCTION--------------------------------------------------------------------------------------------------------------------------------3

2. SUMMARY OF LIGHT TRESPASS AND GLARE------------------------------------------------------------------------------------------3

2.1 Light Trespass-------------------------------------------------------------------------------------------------------------------------------4

2.2 Glare -------------------------------------------------------------------------------------------------------------------------------------------4

3. PROJECT DESCRIPTION ----------------------------------------------------------------------------------------------------------------------5

4. REVIEW OF LIGHTING REGULATIONS AND REFERENCE STANDARDS----------------------------------------------------------7

4.1 Santa Monica Municipal Code----------------------------------------------------------------------------------------------------------7

4.2 California Code of Regulations, Title 24 (California Building Standards Code) --------------------------------------------8

4.3 California Vehicle Code, Division 11. Rules of the Road--------------------------------------------------------------------------9

4.4 IESNA Recommended Practices --------------------------------------------------------------------------------------------------------9

5. SIGNIFICANCE THRESHOLD--------------------------------------------------------------------------------------------------------------- 10

6. METHODOLOGY ----------------------------------------------------------------------------------------------------------------------------- 11

6.1 Existing Conditions Procedures------------------------------------------------------------------------------------------------------- 11

6.2 Analysis Method-------------------------------------------------------------------------------------------------------------------------- 17

7. Project Existing Conditions--------------------------------------------------------------------------------------------------------------- 21

7.1 Sign Visibility Analysis------------------------------------------------------------------------------------------------------------------- 21

7.2 Monitoring Site Night Survey Data -------------------------------------------------------------------------------------------------- 24

7.3 Monitoring Site Data-------------------------------------------------------------------------------------------------------------------- 28

8. LIGHTING ANALYSIS ------------------------------------------------------------------------------------------------------------------------ 59

8.1 Light Trespass Analysis ----------------------------------------------------------------------------------------------------------------- 59

8.2 Glare Analysis at Residential Properties ------------------------------------------------------------------------------------------- 76

8.3 Glare Analysis for Roadways, California Vehicle Code ------------------------------------------------------------------------- 78

9. CONCLUSIONS ------------------------------------------------------------------------------------------------------------------------------- 80

10. LIGHTING GLOSSARY----------------------------------------------------------------------------------------------------------------------- 81

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1. INTRODUCTION
This Lighting Study (Study) was prepared by Francis Krahe & Associates Inc. for the City of Santa Monica, California to analyze the proposed Third Street Promenade and Santa Monica Place Digital Display District Ordinance’s potential lighting, glare, and driver distraction impacts to nearby sensitive uses. For a worst case (conservative analysis), the Study analyzes all proposed and potentially future illuminated signs that could be installed in the District.

The proposed Third Street Promenade and Santa Monica Place Digital Display District Ordinance (hereinafter, the Ordinance or the Project) is located in the highly urbanized Downtown area of Santa Monica– which is predominantly commercial in nature. The Project would allow for the potential for the installation of new digital displays within a proposed District (Project area) comprised of the Third Street Promenade and the Santa Monica Place Shopping Center.

The Third Street Promenade area is bound by Wilshire Boulevard on the north, Broadway on the south, Third Court on the east, and Second Court on the west. The Santa Monica Shopping Center is bound by Broadway on the north, Colorado Avenue on the south, Fourth Street on the east, and Second Street on the west.

Conservatively, this Study assumes buildout of up to 16 illuminated digital displays (Project Signs) wrapping the corners of the Third Street Promenade and on the facades of the Santa Monica Place Shopping Center, as illustrated in the Conceptual District Signage Buildout Plan attached herein as Appendix A.

This Study reviews the parameters that affect light trespass and glare (each as defined below), reviews the applicable lighting metrics and regulations pertaining to artificial lighting, examines the existing lighting conditions within and surrounding the Project Area, and evaluates future buildout of proposed and new illuminated signs within the Conceptual District Signage Buildout Plan to identify the Project’s potential lighting and glare environmental impacts on sensitive uses.

The methods of analysis utilized for this Study are based upon the recommended practices established by the Illuminating Engineering Society of North America (IESNA) for the practice of illumination engineering design and application, and the actual measurements of light sources and illuminated surfaces. IESNA reference publications include: American National Standards Institute (ANSI)/Illuminating Engineering Society (IES) OL-IM-01 Lighting Fundamentals, Metrics and Calculations; ANSI/IES OL-IM-02 Lighting Design, Engineering, and Specifications; ANSI/IES OL-IM-03 Lighting Design Criteria and Illumination Recommendations; and ANSI/IES OL-IM-04 Lighting Equipment Testing Procedures and Measurements. The ANSI/IES Standards replace the IESNA 10th Edition Handbook, which superseded the 9th Edition IESNA Handbook and various Recommended Practice (RP) References published by IESNA prior to 2011.

2. SUMMARY OF LIGHT TRESPASS AND GLARE
This Study evaluates potential environmental light, glare and driver distraction impacts from the Project due to the installation of illuminated digital signs identified within the Conceptual District Signage Buildout Plan (Appendix A). The Lighting Study evaluates existing lighting conditions in the Project area and analyzes light from proposed and future digital Project Signs that may affect existing sensitive uses.

For this Study, light effects from the potential full buildout of digital signage for the Project (worst case) is analyzed at existing sensitive use properties, with the Signs operating in all white mode at maximum permitted luminance.

However, the Signs will not normally operate in all white mode, therefore, this Study presents a conservative analysis of the potential for light trespass or glare impacts.

Sensitive use properties include residential uses. It should be noted that the Project Area is commercially zoned and is the City’s main economic activity center, and therefore, existing lighting levels experienced by residential uses are

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higher than residential uses in residential zoned areas. Commercial use properties such as office buildings, restaurants, or retail stores are not considered sensitive use properties since these types of uses require higher illumination for their normal business operations. The illuminance from outdoor lighting such as the Project will be substantially less than the required illuminance of a commercial use property. Environmental impacts from the Project at sensitive use properties are evaluated with respect to light trespass and glare. These two technical terms are defined as follows:
• Light Trespass is the artificial light produced on a property that falls on a property. Light trespass is measured in terms of illuminance (foot-candles or metric units lux), and can be measured at any point and in any direction.

Where light trespass is evaluated, the illuminance is measured perpendicular to the source of light, toward the source of light, at the property line, or the location where light would cause an issue, such as a residential window or balcony. Light trespass is evaluated at night.
• Glare occurs when either the luminance is too high or the range of brightness in a visual field is too large. A bright light source, such as a flood light or streetlight, viewed against a dark sky may be uncomfortable to look at, and may create a temporary sensation of blindness, which is referred to as disability glare. Glare is evaluated by measuring the luminance (footlamberts or metric units candelas per square meter) at the source of light, such as a digital display, in comparison to the surrounding adjacent luminance. Contrast ratios define the extent of glare within the visual field at any observer position. The contrast ratio is determined by the variation of luminance within the field of view. “High,” “Medium,” and “Low” contrast ratios are the comparison of peak measured luminance to the average luminance within a visual field: contrast ratios greater than 30:1 are “High”; contract ratios between 30:1 to 10:1 are “Medium”; and contract ratios below 10:1 are “Low.” Contrast ratios greater than 30:1 is generally uncomfortable for the human eye to perceive. Glare is evaluated during the day and night.

2.1 Light Trespass
Regarding light trespass, this Study utilizes light trespass and glare regulations consistant with other regulations, such as the Los Angeles Municipal Code Section 14.4.4.e1 to provide a conservative analysis of the potential for the Project to create a new source of light trespass at the closest existing sensitive uses to the District. More distant residential uses will receive far less light from the Signs than the locations analyzed in detail in this Study due to the exponential reduction in light energy relative to distance.

This Study concludes that the Project will not create a new source of light trespass at sensitive uses outside and within the District. While there are a small number of sensitive residential uses located on the Third Street Promenade within the District, these residential uses are located on commercially zoned properties. The Project would limit light trespass on sensitive residential uses to no more than 3.0 footcandles which is consistant with the Los Angeles Municipal Code and other sign use districts such as the Los Angeles Sports & Entertainment District (LASED). Additionally, the residential uses on the Promenade that would experience the greatest lighting effects are part of the Project (i.e., the residential uses are located on sites that are also potential Project sign locations), and therefore, are not considered sensitive uses that would be significantly impacted by the Project.

2.2 Glare
This Study analyzes the Project’s potential to create glare (i.e., a new high contrast condition) visible at nearby residentially zoned properties or at adjacent roadways. This Study analyzes the contrast ratio, which compares the 1 Los Angeles Municipal Code Section 14.4.4(E): “No sign shall be arranged and illuminated in a manner that will produce a light intensity of greater than three foot candles above ambient lighting, as measured at the property line of the nearest residentially zoned property.”

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maximum Project luminance to the existing average luminance measured at monitoring sites in proximity to the Project Site. The analysis determined that contrast ratio will be less than 30:1 at each of these sites. Contrast ratios less than 30:1 indicate there is no glare impact from the Project. Therefore, the Project will not create a new glare condition at adjacent sensitive use or residential properties.

The glare visible to drivers at roadways is evaluated with respect to the standards identified by the California Vehicle Code (CVC) § 21466.5, which defines maximum permissible luminance within drivers’ field of view during the day and during periods of low sun intensity such as overcast sky conditions, twilight, or at night. This Study confirms that the Project’s buildout would not exceed the maximum luminance defined by the CVC during the day, or during periods of low sun intensity such as overcast sky conditions, or twilight, or at night.

3. PROJECT DESCRIPTION
The Project would establish a new Digital Display District that would permit illuminated, large format digital signs at the following locations, subject to regulatory requirements:
• On corner buildings located on the Third Street Promenade with a maximum of 1 display wrapping the corner of each building
• On the facades of the Santa Monica Place Shopping Center with a maximum of 4 digital displays.

Based on these permitted locations, up to 16 potential displays could be located in the District.

The Project would limit maximum signage area to:
• The total sign area of a new digital display on a building shall not exceed 1,000 square feet.

Based on the permitted display locations (i.e., signs at every street corner of the Promenade as well as 4 signs at Santa Monica Place Shopping Center), up to 16 digital displays could be installed and operated in the District. For the purposes of this Study, the full buildout of the Project are analyzed for a worst case analysis, as illustrated in Figure 1.

The Ordinance contemplates a total of sixteen (16) signs, even though at the time of this writing, only seven digital signs have been formally proposed by applicants as listed below in the Conceptual District Signage Plan (Appendix A). • 395 Santa Monica Place - 4 digital displays
• 301 Arizona Ave – 1 digital display
• 1202 Third Street Promenade – 1 digital display
• 1310 3rd St Promenade – 1 digital display

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Figure 1 indicates the location of the Sign District (shaded green), the locations of the proposed Signs (blue), and the locations of existing adjacent and nearby residentially zoned properties (red shade), and residential use properties within the commercial zones of the Bayside Conservation District and the Transit Adjacent District of the Santa Monica Downtown Community Plan (yellow shade).

The Project (Section 9.61.205(H) of the Ordinance) will require that new digital signs in the District adhere to the following illumination standards and include design features with respect to lighting:
• Sign light trespass illuminance must not exceed 3.0 footcandles (fc) at the property lines of nearby residential use properties within the District
• Signs will not exceed the daytime maximum luminance of 6,000 candelas per square meter (cd/m2 ) during the
day, from 45 minutes after sunrise until 45 minutes before sunset. • Signs will transition gradually over a period of no less than 45 minutes from off to the daytime luminance in the morning, and from daytime luminance to the evening luminance before sunset. • Signs will not exceed the evening maximum luminance of 300 candelas per square meter (cd/m2 ) during the
Figure 1: District, Sign Locations, Residential Properties

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evening, from sunset until 10:00 pm.
• Signs will not exceed the nighttime maximum luminance of 200 candelas per square meter (cd/m2 ) at night
from 10:00 pm until 1:00 am.
• Signs will include photosensor controls that automatically adjusts the Sign luminance to less than 300 cd/m2 when ambient sun light conditions are less than 100 footcandles. • Signs will be off, from 1:00 am until sunrise.
• Signs will be controlled with a dimmer that provides the ability to automatically reduce power by a minimum of 65 percent.
• Signs will be designed and operated with systems and monitoring in place to either turn the display off or show-full black screen in the event of a malfunction.
• Signs will not simulate or imitate any directional, warning, danger, or information sign, or any other display likely to be mistaken for any permitted sign intended or likely to be construed as giving warning or direction to traffic, for example using such words or phrases as "stop" or "slow down." • Signs will not display any red or blinking or intermittent lighting that may be mistaken for warning or danger signals nor shall the displays' illumination impair the vision of drivers on the adjacent roadways. • Each static image displayed on a digital display shall not be refreshed more often than once every 8 seconds. • Each image displayed on a digital display (i.e., each individual advertisement or artwork) shall fade in from the previous image over no less than one (1) second, and shall fade out over no less than one (1) second to the image of the immediately succeeding content
• Signs will not use stroboscopic of flashing images which rapidly change direction, oscillate, flash or reverse in contrast.
• Signs must be light emitting diodes (LEDs) that have a power supply efficiency of 80 percent or greater. • A photometric report prepared by a lighting professional shall be submitted to the Director upon installation prior to issuance of a certificate of occupancy or commercial operation of the display, and at two-year intervals thereafter to confirm conformance with the lighting requirements above.

4. REVIEW OF LIGHTING REGULATIONS AND REFERENCE STANDARDS Exterior lighting is regulated throughout California by local municipal codes and the California energy and building codes. Pertinent lighting sections are summarized and discussed for the City of Santa Monica Municipal Code (SMMC), the California Vehicle Code, the California Green Building Standards Code (CalGreen), and the California Energy Code (CEC). Reference standards include model lighting ordinances provided by the Illuminating Engineering Society of North America (IESNA) and the International Dark Sky Organization. Various aspects of these reference standards are included in local regulations to improve the outcomes of any approved project and avoid future disputes or legal challenges to proposed lighted signs. The lighting standards summarized below balance the requirements of property owners for sufficient brightness and flexibility for the use of the signs, with minimizing the off-site negative effects of light trespass,glare, and safety.

4.1 Santa Monica Municipal Code
The SMMC regulates signs within Chapter 9 PLANNING AND ZONING. The SMMC exempts Sign Lighting from the requirements in Section 9.21.080 Lighting, and is silent with respect to light trespass from signs (i.e., the spillover of light onto light-sensitive properties located in proximity).

9.21.080 Lighting
A. Applicability. The standards of this Section shall apply to the following:

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1. New Lighting. All new exterior lighting, including lighting fixtures attached to buildings, structures, poles, or selfsupporting structures. Exterior lighting may be found on parking lots, walkways, building entrances, outdoor sales areas, landscaping, recreational fields, and building faces….

B. Exemptions. The following specific types of lighting are exempt from the requirements of this Section:….

4. Sign lighting (See Chapter 9.61, Signs).

Section 9.61.200 of the SMMC regulates smaller scale, animated signage on the Third Street Promenade, per the below standards:

F. Animated signs permitted pursuant to this Section are allowed on the following conditions:

1. Sign must be located only on a façade facing the Third Street Promenade.

2. Maximum allowable sign area shall be the area above the storefront up to 5'0" in height for the width of the tenant space. The sign may be placed anywhere on the building façade so long as the sign does not project above the roofline and the maximum allowable sign area is not exceeded.

3. Signs may not cover windows.

4. Sign lighting shall not be of an intensity or brightness that will create a nuisance for properties in direct line of sight to the sign. Illumination is limited to 0.3 foot candles above ambient lighting at the property line, and a maximum brightness of 300 candelas per square meter at night (from sunset to sunrise), and 5,000 candelas per square meter during the day (sunrise to sunset).

5. Signs must be dimmable.

6. The sign luminance contrast ratio shall not exceed 30:1.

7. The City may require a sign illumination plan in accordance with any adopted administrative regulations pursuant to this Section as part of the application process to demonstrate compliance with all applicable standards.

8. Animated sign faces shall operate only between the hours of 6:00 a.m. and 2:00 a.m., and shall be turned off between the hours of 2:00 a.m. and 6:00 a.m.

9. Signs are not eligible for a sign adjustment under Section 9.61.130.

The SMMC regulations referenced above do not regulate or permit the larger format, digital signs that are being proposed by the Project. As such, this Study does not rely on existing Section 9.61.200 of the SMMC for analyzing impacts to sensitive uses. Rather, this Study analyzes the potential for the Project Signs to create signifcant adverse light trespass and glare impacts at sensitive use properties based on the maximum light trespass and glare standards established by the Project (District Ordinance).

4.2 California Code of Regulations, Title 24 (California Building Standards Code) Title 24 of the California Code of Regulations (CCR), also known as the California Building Standards Code, includes the California Building Code, CALGreen and the CEC, among others. CALGreen Section 5.106.8 and CEC Section 140.7 limit light trespass and glare at any building property line or center line of adjacent transportation right of way according to

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the outdoor lighting zones established by the CEC. However, the CEC provides exceptions for signs that comply with the energy use and lighting controls requirements within CEC Sections 130.3 and 140.8.

The Project would require new digital signs to include energy use and lighting control systems that comply with CEC Sections 130.3 and 140.8(b) and that are included as Project Design Features within this Study. Specfically, Project Signs will comply with the following requirements:
• Project Signs will be controlled with a photocontrol in addition to an automatic time-switch control, or an astronomical time-switch control.
• Project Signs when illuminated at night and for more than 1 hour during daylight hours will be controlled with a dimmer that provides the ability to automatically reduce Project Sign power by a minimum of 65 percent during nighttime hours.
• Project Sign light emitting diodes (LEDs) must have a power supply efficiency of 80 percent or greater.

Each of the above performance requirements are satisfied by the electronic control system which is included as a proposed Project Design Feature in the Conceptual Sign Plan. Therefore, the Project will satisfy the exceptions to CEC Section 140.7(a). Accordingly, Project Signs are not subject to the light trespass and glare requirement of CALGreen Section 5.106.8.

4.3 California Vehicle Code, Division 11. Rules of the Road Chapter 2, Article 3 of the California Vehicle Code (CVC) Division 11 Rules of the Road stipulates limits to the location of light sources that may cause glare and impair the vision of drivers. CVC Section 21466.5. provides in relevant part:
“No person shall place or maintain or display, upon or in view of any highway, any light of any color of such brilliance as to impair the vision of drivers upon the highway. A light source shall be considered vision impairing when its brilliance exceeds the values listed below.

The brightness reading of an objectionable light source shall be measured with a 11/2-degree photoelectric brightness meter placed at the driver’s point of view. The maximum measured brightness of the light source within 10 degrees from the driver’s normal line of sight shall not be more than 1,000 times the minimum measured brightness in the driver’s field of view, except that when the minimum measured brightness in the field of view is 10 foot-lamberts or less, the measured brightness of the light source in foot-lambert shall not exceed 500 plus 100 times the angle, in degrees, between the driver’s line of sight and the light source.” This Study analyzes the standard set forth in CVC Section 21466.5 as it applies to Project Signs on drivers within adjacent streets.

4.4 IESNA Recommended Practices
The Illuminating Engineering Society of North America (IESNA) recommends illumination standards for a wide range of building and development types. These recommendations are widely recognized and accepted as best practices and are therefore a consistent predictor of the type and direction of illumination for any given building type. For all areas not governed by the regulatory building code, municipal code or specifically defined requirements, the IESNA standards are used as the basis for establishing the amount and direction of outdoor building lighting recommended for the Project.

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The IESNA Standards define Outdoor Lighting Zones relative to a range of human activity versus natural habitat. LP-11- 20, Environmental Considerations for Outdoor Lighting pages 10 &11, included in Appendix C of this Study, establishes the Zone designation for a range of existing lighting conditions, from low or no existing lighting to high light levels in urban areas. These lighting zone definitions are referenced by the CEC as noted above in relation to allowable energy use for outdoor lighting. In addition, the IESNA standards define recommended light trespass limits in RP-8-22 Table 4- 2, included in Appendix D hereto, relative to the Outdoor Lighting Zones. The recommended light trespass illuminance limits define the maximum light trespass values in Lux and footcandles at the location where trespass is under review.

The IESNA recommendations listed above are not a regulatory requirement, do not address sign illuminance, and are overriden by the applicable Sign District requirements for light trespass.

5. SIGNIFICANCE THRESHOLD
Appendix G of the California Environmental Quality Act (CEQA) Guidelines (14 California Code of Regulations, Sections 15000–15387) provides a set of sample questions to evaluate impacts with regard to aesthetics, including light and glare. For the purposes of this Study, the City of Santa Monica provides an analysis of impacts based on the CEQA Guidelines Appendix G “questions”. The question that pertains to light trespass and glare is as follows:

Would the project create a new source of substantial light and glare which would adversely affect day or nighttime views in the area?
In the context of this question from the CEQA Guidelines, the determination of significance in this Study takes into account the following factors:
• The change in ambient nighttime levels as a result of Project lighting sources; and • The extent to which light from the Project would spill off the Project Site and affect nearby residentially zoned properties.

Specifically, the Project Sign would create a significant impact with regard to artificial light or glare if:
• Light trespass illuminance from the Project exceeds 3.0 fc at nearby residential use properties within the District and therefore adversely changes the ambient light level. • Light trespass illuminance from the Project exceeds 1.4 fc at residential use properties outside the District , and therefore adversely changes the ambient light level. • Or, the Project creates glare with new high contrast conditions, with contrast ratio greater than 30:1, visible from a field of view from a residential use property.
• Or, the Project Sign creates glare effects on drivers of motor vehicles by exceeding the maximum luminance standards established by Section 21466.5 of the California Vehicle Code, where maximum brightness of the Project Sign within 10 degrees from the driver’s normal field of view is greater than 1,000 times the minimum measured brightness in the driver’s field of view, or when the minimum measured brightness in the field of view is 10 footlamberts or less, the measured brightness of the light source in footlambert exceeds 500 plus 100 times the angle, in degrees, between the driver’s field of view and the light source.2 2 The driver’s field of view from the center of the roadway plus 10 degrees.

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6. METHODOLOGY

6.1 Existing Conditions Procedures
Existing lighting conditions are measured and documented at existing nearby properties (which include existing sensitive residential use properties), and this survey data is presented below in Section 7, Existing Conditions. The locations where the existing lighting is measured are identified as the Monitoring Sites illustrated in Figure 3 below.

Light trespass illuminance and Glare from the Signs are evaluated at the Monitoring Sites listed above, located at the existing nearby sensitive use properties
Existing conditions lighting observations were conducted following recommended practice procedures defined by the IESNA in RP-33-00 Lighting for Outdoor Environments, TM-10-00 Addressing Obtrusive Light (Urban Sky Glow and Light trespass) in Conjunction with Roadway Lighting,
and TM-11-00 Light trespass: Research, Results
and Recommendations. Field illuminance and
luminance measurements were conducted to
accurately document all existing incident and
visible light at each Monitoring Site location.

Incident light can be understood as a vector of
luminous flux moving through space. As the
vector (light) is incident upon a surface, the
intensity of the resulting illuminance will vary
depending upon the relative orientation of the
vector to the surface. The greatest illuminance
will result when the surface and vector are
perpendicular. The least illuminance will result
when the surface and vector are parallel. In the
field conditions, where there are multiple
sources of light originating from varied positions,
illuminance measurements are recorded
horizontally with the photosensor facing up at 3 feet above grade, and vertically with the photosensor facing the Project as per IESNA standards. These measurements document the total horizontal illuminance received at a Monitoring Site as well as the direction and intensity of light converging on the Monitoring Site from the direction of the Project Site. Since most of the surrounding sensitive sites are located at distances from the Project Site greater than 90 feet, as noted in Section 7 below, the vertical illuminance represents a plane perpendicular to the light sources.

Under these conditions, there is little difference between the vertical and perpendicular plane, and the vertical plane analysis that is conducted in this Study would be equal to or greater than the measured luminance from a precisely perpendicular plane analysis. Therefore, this Study utilizes a vertical illuminance analysis. The existing Illuminance is measured with a Minolta Illuminance meter.

The existing luminance is measured from a Monitoring Site to light sources and surfaces within the field of view toward the Project Site from that Monitoring Site. This existing conditions luminance data is measured with a Minolta LS-100 Luminance meter with procedures consistent with best practices for field measurement of luminance as per IESNA standards. The LS-100 Luminance meter utilized by Francis Krahe & Associates, Inc. reports luminance data in either candelas per square meter (cd/m2
) or footlamberts (fL). All existing luminance data measured and reported in this Study are recorded as cd/m2
.

Figure 2: Minolta LS-100 meter

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a. Existing Conditions Monitoring Sites
Monitoring Sites are utilized to describe and evaluate the existing lighting conditions at and surrounding the Project Area to determine the maximum potential impacts that may result from light or glare onto the nearest existing sensitive use properties. All Monitoring Site locations are within the District or located in proximity of the District and would have views of the Project Sign(s). Several Monitoring Sites are also potential future Project Sign locations.

Monitoring Sites are located within the public right of way at existing residential use properties or are directly adjacent to existing residential properties.

The following criteria were used to select the Monitoring Sites:

Project Light Visibility – Monitoring Sites were analyzed that provide direct view of the Signs or direct view of the areas of greatest light intensity from the Project.

Proximity – Monitoring Sites that are closest to the proposed and future Project Sign(s) are analyzed. These locations are selected because light intensity decreases exponentially with distance. Locations at a greater distance will experience less light intensity than nearby locations.

Monitoring Sites were selected for observation and field lighting measurements to evaluate the views to the Project from adjacent properties and to determine the extent and intensity of existing light sources within and surrounding the District. The Monitoring Sites are measured from within the public right of way, adjacent to or in proximity of existing residential uses. The Monitoring Sites are representative of the view to the Project Sign(s) from nearby properties surrounding the Project to the south, east, north, and west. Figure 4 shows the Project Area, the Monitoring Sites, and the properties surrounding the Project.

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Monitoring Site M-E01 This site is located at 1201 3rd Street, the southeast corner of 3rd St. Promenade and Wilshire Ave. This site evaluates potential impacts from the proposed sign to the west at M-W04. This monitoring site location is also a potential future sign location under the Project.

Monitoring Site M-E02: This site is located at 301 Arizona St, northeast corner of 3rd St. Promenade and Arizona Avenue. This site evaluates potential impacts from the 3 proposed signs at the northwest (MW05), southwest (M-W06), and southeast (M-E03) corners of 3rd St. Promenade and Arizona Ave. This site is also a proposed sign location.

Monitoring Site M-E03: This site is located at 1311 3rd St. Promenade/301 Arizona Avenue (Victoria Secret/Criterion Promenade Apartments), southeast corner of the 3rd St. Promenade and Arizona Avenue.

Figure 3: Sign District, Resident Properties, Monitoring Site Locations

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This site evaluates potential impacts of the 3 proposed signs at the northwest (M-W05), southwest (M-W06), and northeast (M-E02). This monitoring site is a mixed-use property, with ground level commercial and upper second and third level residential uses. This site is also a potential future sign location within the Project.

Monitoring Site M-E04: This site is located at 301 Santa Monica Blvd, the northeast corner of 3rd St. and Santa Monica Blvd. This site evaluates potential impacts of the 3 proposed signs at the northwest (M-W07), southwest (M-W08), and southeast (M-E05) corners of 3rd St. Promenade and Santa Monica Blvd. This site is also a proposed sign location.

Monitoring Site M-E05 This site is located at 1401 3rd St. Promenade, southeast corner of 3rd St. and Santa Monica Blvd. This site evaluates potential impacts of the 3 proposed signs at the northwest (M-W07), southwest (M-W08), and northeast (M-E04) corners of 3rd St. Promenade and Santa Monica Blvd. This site is also a proposed sign location.

Monitoring Site M-E06: This site is located at 1453 3rd St. Promenade (Promenade Gateway), northeast corner of 3rd St. and Broadway. This site evaluates potential lighting impacts of the proposed sign at the northwest corner (M-W09) of 3rd and Broadway and the proposed sign to the south at the Santa Monica Place Shopping Center. This Monitoring Site is a mixed-use property, with ground level commercial and upper second and third level residential uses that are stepped back. This site is a potential future sign location under the Project Monitoring Site M-E07: This site is located at 401 4th St. and is northwest of the proposed sign location at the southwest corner of 4th Street and Broadway at Santa Monica Place shopping center. This site evaluates the potential impacts of the proposed sign on the residential uses at this monitoring site.

Monitoring Site M-E08: This site is located at the southeast corner of 4th and Broadway, and is directly east of the proposed sign location at the southwest corner of 4th and Boadway at Santa Monica Place shopping center. This site evaluates the potential impacts of the proposed sign on the commercial uses located at this monitoring site.

Monitoring Site M-E09: This site is located at 1539 4th St. (Arrive Apartments), and is southeast of the proposed sign location at the southwest corner of 4th Street and Broadway and northeast of the proposed sign location at the southern Colorado Avenue façade at the Santa Monica Place shopping center. This site evaluates the potential impacts of the two proposed signs at Santa Monica Place on residential uses located at this monitoring site.

Monitoring Site M-E10: This site is located at 425 Broadway and is approximately 270 feet northwest of the proposed sign location at the southwest corner of 4th Street and Broadway at the Santa Monica Place shopping center. This site evaluates potential lighting impacts of the proposed sign on residential uses located at this monitoring site.

Monitoring Site M-E11: This site is located behind 1530 5th St. (Salvation Army Residence) and is southeast of the proposed sign location at the southwest corner of 4th Street and Broadway at the Santa Monica Place shopping center. This site evaluates potential impacts of the proposed sign on the residential uses at this site.

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Monitoring Site M-E12: This site is located at 502 Colorado and is approximately 517 feet east of the proposed sign location at the corner of 4th St, and Colorado Ave at Santa Monica Place shopping center. This site evaluates the potential impacts of the proposed sign on the residential uses at this site.

Monitoring Site M-N01: This site is located at the northwest corner of the surface parking lot at 101 Wilshire Blvd. (Fairmont Miramar Hotel and Bungalows) northwest of the proposed sign locations at 1202 3rd St. Promenade (John Reed Fitness) and at 1201 3rd St. Promenade. This site evaluates the potential impacts of the two proposed signs on nearby residentially zoned properties to the northwest.

Monitoring Site M-N02: This site is located at 1111 2nd Court, northeast corner of the (Huntley Hotel). This site is northwest of the proposed sign locations at 1202 3rd St. Promenade (John Reed Fitness) and at 1201 3rd St. Promenade. This site evaluates the potential impacts of the two proposed signs on nearby residentially zoned properties to the northwest.

Monitoring Site M-N03: This site is located at the southeast corner of 1118 3rd St. and is north of the proposed sign locations at 1202 3rd St. Promenade (John Reed Fitness) and at 1201 3rd St. Promenade. This site evaluates the potential impacts of the two proposed signs on nearby residentially zoned properties to the north.

Monitoring Site M-N04: This site is located at 1148 4th street, and is north of the proposed sign locations at 1202 3rd St. Promenade (John Reed Fitness) and at 1201 3rd St. Promenade. This site evaluates the potential impacts of the two proposed signs on nearby residential properties to the northeast.

Monitoring Site M-W01: This site is located behind 1221 Ocean Ave, west of the proposed sign locations at 1202 3rd St. Promenade (John Reed Fitness) and at 1201 3rd St. Promenade. This site evaluates the potential impacts of the Project on nearby residential properties to the southwest.

Monitoring Site M-W02: This site is located at 1318 2nd St, southwest of the proposed sign locations at 3rd Street Promenade and Arizona Avenue. This site evaluates the potential impacts of the Project on nearby residential properties to the southwest.

Monitoring Site M-W03: This site is located behind 1431 Ocean Ave, west of the proposed sign locations at the corner of 3rd St. Promenade and Broadway. This site evaluates the potential impacts of the Project on nearby residential properties to the west.

Monitoring Site M-W04: This site is located at 1202 3rd St. Promenade, northwest corner of 3rd St. Promenade and Wilshire Blvd. This site evaluates potential impacts from the proposed sign to the east at ME-01. This site is a proposed sign location.

Monitoring Site M-W05: This site is located at 231 Arizona Ave (Gyu-Kaku), northwest corner of 3rd St. and Arizona Avenue. This site evaluates the potential impacts of the proposed signs at the northeast (ME02), southwest (M-W06), and southeast (M-E03) corners of 3rd St. Promenade and Arizona Ave,. This site is also a proposed sign location.

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Monitoring Site M-W06: This site is located at 1310 3rd Street Promenade (AMC Theater), southwest of 3rd St.

Promenade and Arizona Avenue. This site evaluates potential impacts of the proposed signs at the northeast (M-E02), northwest (M-W05), and southeast (M-E03) corners of 3rd St.

Promenade and Arizona Ave. This site is also a proposed sign location.

Monitoring Site M-W07: This site is located at 1352 3rd St Promenade, the northwest corner of 3rd St. Promenade and Santa Monica. This site evaluates potential impacts of the proposed signs at the southeast (M-E05), southwest (M-W08), and northeast (M-E04) corners of 3rd St. Promenade and Santa Monica Blvd, to evaluate the other 3 corner elevations from nearby properties directly northwest of the proposed sign locations. This site is also a proposed sign location.

Monitoring Site M-W08: This site is located at 1402 3rd St. Promenade, the southwest corner of 3rd St. Promenade and Santa Monica. This site evaluates the potential impacts of the proposed signs at the southeast (M-E05), northwest (M-W07), and northeast (M-E04) corners of 3rd St. Promenade and Santa Monica Blvd. This site is also a proposed sign location.

Monitoring Site M-W09: This site is located at 1460 3rd St. Promenade (Google Store), northwest corner of the 3rd St Promenade and Broadway. This site evaluates potential impacts of the proposed sign at the 1453 3rd Street and the proposed north-facing sign at 3rd St and Broadway at the Santa Monica Place shopping center. This site is a proposed sign location.

Monitoring Site M-S01: This site is located at 1705 Olympic Dr, southwest of the proposed sign at the corner of 4th St. and Colorado Ave at the Santa Monica Place shopping center. This site evaluates potential impacts on nearby residential properties to the south of the proposed sign location.

Monitoring Site M-S02: This site is located at the southwest corner of 4th St. and Colorado Ave. This site evaluates potential impacts of the proposed south-facing sign at the Santa Monica Place shopping center on nearby commercial properties directly to the south of the proposed sign location. b. Monitoring Criteria
The table below identifies the criteria, metric, and procedure used to assess the existing conditions at each Monitoring Site:

Table 1. Existing Conditions Lighting Criteria
Criteria Metric Procedure
Light Trespass -
Illuminance
Measured illuminance
(footcandle) documented at
each Monitoring Site
Measured illuminance recorded at each Monitoring Site
with Minolta illuminance meter.

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Criteria Metric Procedure
Glare –
Contrast Ratio
Measured luminance candelas
per meter squared,
documented at each
Monitoring Site.

Observed existing conditions
Measured luminance recorded at each Monitoring Site
with Minolta luminance meter.

Day and night photograph to record the evaluation of the view to the Project Site from the Monitoring Site in terms of Project visibility and prominent light sources, lighted surfaces, and illuminated signs.

6.2 Analysis Method
This analysis evaluates potential light trespass impacts at the nearest existing sensitive uses to the Project Area, and an evaluation of whether future Signs would introduce a new source of glare at sensitive use properties or at adjacent roadway. Sensitive use properties include residential uses. It should be noted that the Project Area is commercially zoned and is the City’s main economic activity center, and therefore, existing lighting levels experienced by residential uses are higher as compared to a residential use in a residential zoned area. Commercial use properties such as office buildings restaurants, or retail stores are not considered sensitive use properties due to the relatively high illuminance required for the operation of a businesses at night. The illuminance from outdoor lighting such as the Project will be substantially less than the required illuminance of a commercial use property. This Study presents a conservative analysis with respect to potential light trespass and glare impacts as described below. The Project is evaluated with each Project Sign operating at the maximum permissible light intensity within the limits defined by the Project as discussed in Section 1.2 above. This Study evaluates the proposed Signs with buildout of up to 16 signs, as identified in the Conceptual Sign Plan in Appendix A.
a. Light Trespass Analysis
Light trespass illuminance is calculated at the location where lighting is under review through the illumination modeling software program AGI32. This software utilizes the 3-dimensional architectural computer model, including the Sign locations, orientation, dimensions, and luminous specifications (as defined herein within Appendix A) to generate an accurate prediction of future illuminance from the Sign at nearby existing sensitive use properties. Light trespass illuminance is evaluated with respect to vertical illuminance at the locations where lighting is under review.

Light trespass is the artificial light produced from the Project that falls on a nearby property. Light trespass is measured in terms of illuminance (footcandles or metric units lux), and can be measured at any point and in any direction.

Where light trespass is evaluated, the illuminance is measured perpendicular to the source of light, toward the source of light, at the property line, or the location where light would cause an issue, such as a residential window or balcony.

Light trespass illuminance from the Project is evaluated in this Study relative to a maximum illuminance threshold of

3.0 fc at existing residential uses within the District. The 3.0 fc corresponds to the maximum permitted illuminance from signs by the City of Los Angeles Municipal Code, and is appropriate given that the Project Area is an urban downtown, is predominantly commercial in nature, and is a designated nighttime entertainment district. The lighting within District is anticipated to function in a manner similar to the Los Angeles Sports and Entertainment District which supports night time activity. Light trespass illuminance at existing residential uses outside of the District is evaluated against a maximum 1.4 fc – a threshold that takes into account residential uses that are interspersed amongst predominantly commercial uses.

Light trespass is analyzed by calculations of the illuminance (footcandles (fc)) from the Project at the potential sensitive use locations illustrated in Figure 4. The calculations simulate light meters at a vertical surface at the property line of the sensitive use properties, extending from above the height of ground floor commercial use spaces (approximately

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15 feet above grade) to the height of the Signs, or to the maximum elevation of the occupied areas within any adjecent residential use properties, whichever is greater. The vertical planes are used to capture the lighting effects that new Project Signs may have on nearby residential use properties. The properties within and adjacent to the District include residential occupancy at various elevations above grade. Figure 4 illustrates the vertical plane locations where light trespass is analyzed. Table 2 summarizes the height of each vertical plane used in the calculations of light trespass illuminance.

The Signs analyzed are as defined in and as illustrated in the Conceptual Sign Plan (Appendix A). The Signs are analyzed operating at maximum luminance of 300 cd/m2 and 200 cd/m2 , all white during the evening hours and nighttime hours, respectively. The Signs will not operate in an all white mode in practice. However, this analysis with the Signs operating in all white mode presents a conservative (maximum) evaluation of the Project’s potential for offsite light trespass illuminance. These methods are utilized to generate the Sign light trespass illuminance data summarized in Tables 7, 8, 9 and 10 below at the vertical plane locations illustrated in Figure 5 below.

Table 2. Vertical Calculation Plane Heights
Table 3. Vertical Calculation Plane Heights

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Table 2. Vertical Calculation Plane Heights
Vertical
Plane
Height
(ft)
Vertical
Plane
Height
(ft)
Vertical
Plane
Height
(ft)
VP-E1 60 VP-W1 60 VP-S1 75
VP-E2 60 VP-W2 60 VP-S2 75
VP-E3 45 VP-W3 45 VP-S3 75
VP-E4 45 VP-W4 45 VP-N1 75
VP-E5 45 VP-W5 45 VP-N2 75
VP-E6 45 VP-W6 45 VP-N3 75
VP-E7 55 VP-W7 55 VP-N4 60
VP-E8 55 VP-W8 55 VP-N5 60
Figure 4: District, Residential Properties, and Calculation Planes

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VP-E9 55 VP-W9 55
VP-E10 55 VP-W10 55
VP-E11 75 VP-W11 75
VP-E12 75 VP-W12 75
VP-E13 55 VP-W13 220
VP-E14 55 VP-W14 220
VP-E15 75 VP-W15 50
VP-E16 75 VP-W16 50
VP-E17 75 VP-W17 30
VP-E18 75 VP-W18 30
VP-W19 220
VP-W20 220
Signs are further analyzed to determine the distance where the illuminance from the Sign is 0.3 fc or less, or less than 10% of the maximum illuminance permitted for Signs within the District at 3.0 fc. Incident light (fc) from a source degrades in proportion to the inverse square of the distance from the source to the location where lighting is analyzed, which in this Study is at residential use properties. The vertical illuminance Ev (fc) incident at any given distance D (ft) from an illuminated surface S (ft2
) with uniform surface luminance of L (cd/m2) is calculated by the following formula:

Ev = L x S

10.76 x D2
This formula illustrates the reduction in illuminance at any location as the distance increases from a source surface. The Project Signs are identified in Appendix A, based on the Project Sign Plan. The largest signs produce the greatest distance from the Project where the illuminance will be equal to or greater than 0.3 footcandles.

The distance from the Project Sign to the location where the Sign Illuminance equals 0.3 footcandles is calculated utilizing the formula above and solving for D.

Signs Distance (D ) to Ev = 0.3 fc,
D = 𝑠𝑠𝑠𝑠𝑠𝑠𝑠𝑠𝑠𝑠𝑠𝑠 𝑟𝑟𝑟𝑟𝑟𝑟 (𝐿𝐿 𝑥𝑥 𝑆𝑆)

10.76 𝑥𝑥 𝐸𝐸𝐸𝐸
b. Glare Analysis
Glare from the Project is evaluated during the evening and at night at nearby sensitive use properties and for drivers on adjacent streets. The glare from the Project is determined by the contrast ratio, which equals the maximum Sign luminance divided by the measured average existing luminance within the visual field at the Monitoring Sites to the Project as identified in the field survey of existing conditions (see Section 8 below). Contrast ratios greater than 30:1 are considered “High” and significant glare conditions.

Light from the Project that may impact drivers is analyzed with respect to compliance with the CVC regulations for both night and day conditions at adjacent roadways. According to CVC Section 21466.5, the Project Sign would have a significant impact with regard to artificial light or glare if:
• The maximum measured brightness of a light source within 10 degrees from a driver’s normal line of sight exceeds 1,000 times the minimum measured brightness in the driver’s field of view when the minimum values in the field of view are 10 footlamberts (fL) or more.

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• Or, when the minimum luminance in the driver’s field of view is less than 10 footlamberts (fL) the source brightness exceeds 500 fL plus 100 times the angle, in degrees, between the driver’s line of sight and the light source.

The analysis of glare impacts includes evaluation of all view angles from the driver’s line of sight to the Sign, to determine the visibility of the Sign, and an assessment of the maximum luminance permitted by the CVC at any angle of view.

7. PROJECT EXISTING CONDITIONS
The existing lighting conditions within the Project Area are defined by the observed and measured existing conditions summarized below. The Existing Conditions Analysis includes an evaluation of the visibility of Project Sign(s) from each Monitoring Site, with photographs of the view from the Monitoring Sites to the Project Sign(s) during the day and at night. Existing illuminance at each Monitoring Site is measured with the illuminance meter aimed toward the Sign(s). Existing luminance is measured within the field of view from the Monitoring Site to the Project Sign(s).

7.1 Sign Visibility Analysis
The visibility of the Project Signs at each Monitoring Site is evaluated during field surveys during the day and at night.

Field survey visibility data is presented in Table 3, which summarizes the distance from the Monitoring Site to the nearest Project Sign(s), and the visibility of the Sign(s) within the viewshed looking from the Monitoring Site toward the Sign locations.

All Monitoring Sites are located within the District or at residential use properties surrounding the District. Monitoring Sites M-E01, M-E02, M-E03, M-E04, M-E05, M-E06, M-E07, M-E08, M-W04, M-W05, M-W06, M-W07, M-W08, M-W09, and M-S02 will have full direct view of one or more nearby Project Signs. Monitoring Sites M-E09, M-E10, M-E11, ME12, M-W01, M-W02, M-N03, M-N04 and M-S01 will have partial or oblique views of one nearby Sign. Monitoring Sites M-N01, M-N02, and M-W03 will have no views of the Signs. Further analysis is presented below to evaluate the Sign potential for light trespass and glare at these Monitoring sites, which are adjacent to the Project or have clear visibility of Project Signs.

Table 4. Visibility Analysis
Monitoring
Site Location
Distance to
Proposed Sign
(ft) Visibility from Monitoring Site
M-E01 1201 3rd St.

Promenade 84 proposed sign at the southwest corner will be in full view from the Monitoring Site.

M-E02
1253 3rd St.

Promenade 89, 84, 104 proposed signs for the northwest, southwest, and southeast corner locations will be in full view from the Monitoring Site.

M-E03
southeast
corner of 1311
3rd St.

Promenade
89, 84, 104 proposed signs for the northeast, southwest, and northwest corner locations will be in full view from the Monitoring Site.

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Monitoring
Site Location
Distance to
Proposed Sign
(ft) Visibility from Monitoring Site
M-E04
301 Santa
Monica Blvd,
northeast
corner of 3rd
St. / Santa
Monica Blvd
66, 107, 80 proposed signs for the northwest, southwest, and southeast corner locations will be in full view from the Monitoring Site.

M-E05
1401 3rd St.

Promenade 66, 107, 80 proposed signs for the northeast, southwest, and northwest corner locations will be in full view from the Monitoring Site.

M-E06
1453 3rd St.

Promenade 84 proposed signs for the northwest corner location will be in full view from the Monitoring Site.

M-E07 401 4th St. 114 proposed signs for the southwest corner location will be in full view from the Monitoring Site.

M-E08
southeast
corner of 4th
St / Broadway
79 proposed signs for the southwest corner location will be in full view from the Monitoring Site.

M-E09 1539 4th St 400
proposed signs for the southwest corner of 4th St. and
Broadway location will have a very limited view from the Monitoring Site.

M-E10 425 Broadway 270 proposed signs for the southwest corner location will be partially visible from the Monitoring Site.

M-E11 1530 5th St. 390
proposed signs for the southwest corner of 4th St. and
Broadway location will have a very limited view from the Monitoring Site.

M-E12 502 Colorado 517
proposed signs for the southwest corner of 4th St. and
Colorado location will have a very limited view from the Monitoring Site.

M-N01
northwest
corner of 101
Wilshire Blvd.
461
proposed sign for the northwest location is not visible from the Monitoring Site. Residential properties are to the
Northwest of the site but have no view of this sign.

M-N02 1111 2nd Court 517
proposed sign for the northwest location is not visible from the Monitoring Site. Residential properties to the northwest have no view of the sign as the multi-story office building at the southeast corner of Wilshire and 3rd street block the view of the sign.

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Packet Pg. 569 Attachment: Santa Monica Sign Ordinance Study_Final_20251208 (7108 : Digital Display Signage District Ordinance for Third Street Promenade 251030 SM010_Santa Monica Sign Ordinance Study_Final December 8, 2025 page 23

Monitoring
Site Location
Distance to
Proposed Sign
(ft) Visibility from Monitoring Site
M-N03 1118 3rd St. 349
proposed sign on the northwest location has limited visibility from the Monitoring Site. Residential properties to the north have no view of the sign as the multi-story office building at the southeast corner of Wilshire and 3rd street blocks the view of the sign.

M-N04 1148 4th street 378,305
proposed sign for the southeast, northwest corner location has a limited partial view from the Monitoring Site.

Residential properties in the adjacent vicinity have a limited view of the proposed sign.

M-W01
1221 Ocean
Ave
616
proposed sign for the southwest corner location at 3rd St.

Promenade and Wilshire Ave, will not be visible from the Monitoring Site. The sign location at the southeast corner of 3rd and Wilshire will be partially visible from apartments on upper floors at the Monitoring site.

M-W02 1318 2nd St 451
proposed sign for the northwest corner wall location at 3rd St.

Promenade and Arizona will be in partially visible from apartments on upper floors at the Monitoring Site.

M-W03
1431 Ocean
Ave
608
proposed sign for the southwest corner location 3rd St.

Promenade and Broadway will not be visible from the
Monitoring Site.

M-W04
1202 3rd St.

Promenade 84 proposed sign for the southeast corner location will be fully visible from the Monitoring Site.

M-W05
231 Arizona
Ave 89, 84, 104 proposed signs for the northeast, southwest, and southeast corner locations will be in full view from the Monitoring Site.

M-W06
1301 3rd St
Promenade 89, 84, 104 proposed signs for the northeast, northwest, and southeast corner locations will be in full view from the Monitoring Site.

M-W07
1352 3rd St
Promenade 66, 107, 80 proposed signs for the northeast, southwest, and southeast corner locations will be in full view from the Monitoring Site.

M-W08
1402 3rd St
Promenade 66, 107, 80 proposed signs for the northwest, northeast, and southeast corner locations will be in full view from the Monitoring Site.

M-W09
1460 3rd St.

Promenade 84 proposed signs for the northeast corner location will be in full view from the Monitoring Site.

M-S01 1705 Olympic
Dr
1105 proposed sign for the southwest corner location at Colorado and 4th has a limited view from the Monitoring Site.

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Packet Pg. 570 Attachment: Santa Monica Sign Ordinance Study_Final_20251208 (7108 : Digital Display Signage District Ordinance for Third Street Promenade 251030 SM010_Santa Monica Sign Ordinance Study_Final December 8, 2025 page 24

Monitoring
Site Location
Distance to
Proposed Sign
(ft) Visibility from Monitoring Site
M-S02
southwest
corner of 4th
St. / Colorado
Ave
70 proposed sign for the southwest corner wall location at Colorado and 4th will be in full view from the Monitoring Site.

7.2 Monitoring Site Night Survey Data
The existing lighting conditions within and surrounding the District include streetlights within the adjacent public right of way, pole mounted lights along the Promenade, overhead decorative string lighting, landscape and architectural lighting, exterior surface mounted building lighting utilized for security and safety, commercial illuminated signs, and store front window display lighting. Vehicle headlights also contribute to the overall nighttime lighting. The observations and measurement at each Monitoring Site of existing lighting conditions within and surrounding the District are summarized below in relation to the evaluation factors established in Section 6, Significance Threshold:
a. Measured Existing Illuminance:

The Illuminance data listed in Table 4 and 5, below, summarize the measured Illuminance at each Monitoring Site. For the monitoring sites within the District, measured illuminance greater than 3.0 fc is evaluated as high illuminance, from

3.0 fc to 1.4 fc is evaluated as medium illuminance, and less than 1.4 fc is evaluated as low illuminance. At the Monitoring Sites located outside of the District, measured illuminance greater than 1.4 fc is evaluated as high illuminance, from 1.4 fc to 0.74 fc is evaluated as medium illuminance, and less than 0.74 fc is evaluated as low illuminance.

Table 5. Measured Illuminance (fc) at Monitoring Sites within the District Monitoring Site
Illuminance (fc) Evaluation (3.0 fc)
Horizontal Vertical Horizontal Vertical
M-E01 0.68 1.59 Low Medium
M-E02 1.27 1.4 Low Medium
M-E03 3.06 1.27 High Low
M-E04 3.81 2.63 High Medium
M-E05 0.91 1.16 Low Low
M-E06 3.42 3.07 High High
M-E07 11.77 1.79 High Medium
M-E08 0.88 1.25 Low Medium
M-E09 4.69 0.63 High Low
M-W04 4.78 0.72 High Low
M-W05 0.84 0.16 Low Low
M-W06 2.36 2.15 Medium Medium
M-W07 1.77 3.19 Medium High

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Packet Pg. 571 Attachment: Santa Monica Sign Ordinance Study_Final_20251208 (7108 : Digital Display Signage District Ordinance for Third Street Promenade 251030 SM010_Santa Monica Sign Ordinance Study_Final December 8, 2025 page 25

M-W08 1.27 1.36 Low Low
M-W09 2.9 1.22 Medium Low
The measured existing horizontal illuminance at Monitoring Sites within the District vary from 11.77 fc at M-E07 to 0.68 fc at M-E01. The measured existing vertical illuminance at Monitoring Sties within the District vary from 3.19 fc maximum to 0.63 fc minimum. The measured existing illuminance is High, greater than 3.0 fc, at Monitoring Sites ME03, M-E04, M-E06, M-E07, M-E09, M-W04 and M-W07, 7 of the 15 sites measured along 3rd Street Promenade.

The District is highly developed with a lively mix of uses and currently includes various lighting for the commercial uses on the Promenade and at Santa Monica Place Shopping Center.

The measured illuminance is consistent with an urban, dense environment, with medium to high illuminance at the street and sidewalk within the public right of way and within nearby commercial properties, and lower illuminance within the residential properties, but sufficient light for safety and security.

The average existing illumunance at Monitoring Sites outside the District vary from 3.0 fc at M-W03 to 0.21 fc at MS01.

Table 6. Measured Illuminance (fc) at Monitoring Sites outside the District Monitoring Site Illuminance (fc) Evaluation (1.4 fc)
Horizontal Vertical Horizontal Vertical
M-E10 3.34 0.31 High Low
M-E11 1.15 2.39 Medium High
M-E12 2.10 1.39 High Medium
M-N01 0.28 0.33 Low Low
M-N02 0.42 0.22 Low Low
M-N03 0.30 0.47 Low Low
M-N04 1.18 1.37 Medium Medium
M-W01 0.45 0.64 Low Low
M-W02 1.64 1.19 High Medium
M-W03 3.00 4.14 High High
M-S01 0.21 0.37 Low Low
M-S02 1.58 0.96 High Medium
b. Measured Existing Luminance:

The measured existing luminance data at the Monitoring Sites is presented in Table 6. For this Study, the following luminance criteria are applied to measured and calculated luminance: luminance below 10 cd/m2 is evaluated as low luminance; luminance greater than 10 cd/m2 and less than 300 cd/m2 is evaluated as medium luminance; luminance greater than 300 cd/m2 is evaluated as high luminance.

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The visual evaluation of High, Medium, and Low Contrast describes the perception of how bright a visible object appears to the surrounding objects within any given field of view and context. High Contrast indicates a potential glare condition for residential properties nearby. Contrast is the ratio of one surface luminance to a second surface luminance or to the luminance within the field of view. Contrast exceeding 30 to 1 is usually deemed uncomfortable and evaluated as high; less than 30 to 1 to greater than 10:1 is medium contrast; 10 to 1 is clearly visible and evaluated as low.

Table 6 includes an evaluation of the luminance (High, Medium, or Low) and an evaluation of the calculated contrast ratio (High, Medium, or Low). The measured luminance recorded at the Monitoring Sites within the view to the Project includes prominent, high brightness light sources and illuminated surfaces (such as streetlights, illuminated signs, and flood lighted buildings), as well as lower brightness surfaces such as sidewalks, parking lots, and un-illuminated walls or landscape areas. The measured Average Luminance is High at 9 Monitoring Sites: M-E2, M-E3, M-E7, M-E8, M-E9, ME10, M-E11, M-W8, and M-W9. The remaining 17 Monitoring Sites are Medium luminance. The maximum measured luminance is High at all 26 Monitoring Sites. The ratio of High maximum to Medium or High Average luminance results in Medium exisitng contrast ratios. This measurement data indicates a relatively bright existing environment along the 3rd Street Promenade and surrounding the Santa Monica Place Mall. There are numerous bright light sources throughout the District, but these sources are situated within a relatively bright overall space. Therefore, the contrast is not High or uncomfortable.

Table 7. Measured Luminance, (cd/m2
) at Monitoring Sites
Monitoring Site
Luminance (cd/m2) Evaluation
Contrast
Ratio (Max
/ Average)
Evaluation
Average Maximum
Avg
Luminance
Max
Luminance Contrast
M-E1 139 1515 Medium High 11:01 Medium
M-E2 537 7636 High High 14:01 Medium
M-E3 563 9905 High High 18:01 Medium
M-E4 226 2230 Medium High 10:01 Medium
M-E5 196 4365 Medium High 22:01 Medium
M-E6 237 4432 Medium High 19:01 Medium
M-E7 313 4882 High High 16:01 Medium
M-E8 458 9642 High High 21:01 Medium
M-E9 491 8652 High High 18:01 Medium
M-E10 328 5036 High High 15:01 Medium
M-E11 449 8537 High High 19:01 Medium
M-E12 150 1930 Medium High 13:01 Medium
M-N1 94 1168 Medium High 12:01 Medium
M-N2 112 1907 Medium High 17:01 Medium
M-N3 133 2858 Medium High 22:01 Medium
M-N4 94 1168 Medium High 12:01 Medium
M-S1 112 1907 Medium High 17:01 Medium
M-S2 133 2858 Medium High 22:01 Medium

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Packet Pg. 573 Attachment: Santa Monica Sign Ordinance Study_Final_20251208 (7108 : Digital Display Signage District Ordinance for Third Street Promenade 251030 SM010_Santa Monica Sign Ordinance Study_Final December 8, 2025 page 27 M-W1 179 3648 Medium High 20:01 Medium M-W2 113 1226 Medium High 11:01 Medium M-W3 169 3939 Medium High 23:01 Medium M-W4 92 744.7 Medium High 8:01 Medium N-W5 108 1382 Medium High 13:01 Medium M-W6 246 4065 Medium High 17:01 Medium M-W7 232 3616 Medium High 16:01 Medium M-W8 396 7604 High High 12:01 Medium M-W9 410 5317 High High 13:01 Medium

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Packet Pg. 574 Attachment: Santa Monica Sign Ordinance Study_Final_20251208 (7108 : Digital Display Signage District Ordinance for Third Street Promenade 251030 SM010_Santa Monica Sign Ordinance Study_Final December 8, 2025 page 28

7.3 Monitoring Site Data
a. Monitoring Site M-E01:

The existing lighting conditions at M-E01 are Medium horizontal and High vertical illumination from Project exterior lighting located to the west of Monitoring Site. Prominent light sources visible in the field of view from M-E01 to the east side of the Project site include exterior building lighting, signage lighting, and street lighting.

Figure 5: M-E01- 09/25/205, 2:17 pm
Figure 6: M-E01- 09/26/205, 7:58 pm

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b. Monitoring Site M-E02:

The existing lighting conditions at M-E02 are High horizontal and High vertical illumination from Project exterior lighting located to the northwest, southwest and southeast of Monitoring Site. Prominent light sources visible in the field of view from M-E02 to the northwest, southwest and southeast side of the Project site include exterior building lighting, sign lighting, walkway lighting, promenade overhead string lighting, and street lighting.

Figure 7: M-E02 – 09/25/2025, 2:45 pm
Figure 8: M-E02 – 09/29/2025, 8:17 pm

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c. Monitoring Site M-E03:

The existing lighting conditions at M-E03 are Medium horizontal and High vertical illumination from Project exterior lighting located to the west of the Monitoring Site. Prominent light sources visible in the field of view from M-E03 to the northeast side of the Project site include exterior building lighting, promenade overhead string and pole lighting, and street lighting.

Figure 9: M-E03 – 07/21/2025, 3:21 pm

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Figure 10: M-E03–07/22/2025, 11:27 pm

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d. Monitoring Site M-E04:

The existing lighting conditions at M-E04 are High horizontal and High vertical illumination from Project exterior lighting located to the northwest, southwest, and southeast of the Monitoring Site. Prominent light sources visible in the field of view from M-E04 to the northwest, southwest, and southeast sides of the Project site include exterior building lighting, promenade overhead string and pole lighting, and street lighting.

Figure 12: M-E04 – 09/26/2025, 8:44 pm
Figure 11: M_E04 - 09/25/2025, 2:55 pm

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e. Monitoring Site M-E05:

The existing lighting conditions at M-E05 are High horizontal and High vertical illumination from Project exterior lighting located to the northwest, southwest, and northeast of the Monitoring Site. Prominent light sources visible in the field of view from M-E05 to the northwest, southwest, and northeast sides of the Project site include exterior building lighting, promenade overhead string and pole lighting, and street lighting.

Figure 13: M-E05 - 09/25/2025, 3:00 pm
Figure 14: M-E-05 - 09/29/2025, 9:07 pm

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f. Monitoring Site M-E06:

The existing lighting conditions at M-E06 are High horizontal and High vertical illumination from Project exterior lighting located to the west of Monitoring Site. Prominent light sources visible in the field of view from M-E06 to the east side of the Project site include exterior and interior building lighting, and street lighting.

Figure 15: M-E06 – 09/25/2025, 3:06 pm
Figure 16: M-E06 – 09/29/2025, 9:41 pm

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g. Monitoring Site M-E07:

The existing lighting conditions at M-E07 are High horizontal and High vertical illumination from Project exterior lighting located to the west of Monitoring Site. Prominent light sources visible in the field of view from M-E07 to the east side of the Project site include exterior building lighting, parking garage lighting, and street lighting.

Figure 17: M-E07 – 09/25/2025, 3:09 pm

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Packet Pg. 582 Attachment: Santa Monica Sign Ordinance Study_Final_20251208 (7108 : Digital Display Signage District Ordinance for Third Street Promenade 251030 SM010_Santa Monica Sign Ordinance Study_Final December 8, 2025 page 36

Figure 18: M-E07–09/29/2025, 9:50 pm

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h. Monitoring Site M-E08:

The existing lighting conditions at M-E08 are High horizontal and High vertical illumination from Project exterior lighting located to the west of Monitoring Site. Prominent light sources visible in the field of view from M-E08 to the east side of the Project site include exterior building lighting, parking lot lighting, and street lighting.

Figure 19: M-E08 – 09/25/2025, 3:49 pm
Figure 20: M-E08 – 06/02/2025, 10:08 pm

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i. Monitoring Site M-E09:

The existing lighting conditions at M-E09 are High horizontal and Medium vertical illumination from Project exterior lighting located to the north of Monitoring Site. Prominent light sources visible in the field of view from M-E09 to the south side of the Project site include exterior building lighting, pedestrian lighting, and street lighting.

Figure 21: M-E09 – 09/25/2025, 3:59 pm
Figure 22: M-E09 – 09/29/2025, 10:17 pm

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Packet Pg. 585 Attachment: Santa Monica Sign Ordinance Study_Final_20251208 (7108 : Digital Display Signage District Ordinance for Third Street Promenade 251030 SM010_Santa Monica Sign Ordinance Study_Final December 8, 2025 page 39

j. Monitoring Site M-E10:

The existing lighting conditions at M-E10 are High horizontal and Medium vertical illumination from Project exterior lighting located to the north of Monitoring Site. Prominent light sources visible in the field of view from M-E10 to the south side of the Project site include exterior building lighting and street lighting.

Figure 23: M-E10 – 09/25/2025, 3:11 pm
Figure 24: M-E10 – 09/29/2025, 9:58 pm

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Packet Pg. 586 Attachment: Santa Monica Sign Ordinance Study_Final_20251208 (7108 : Digital Display Signage District Ordinance for Third Street Promenade 251030 SM010_Santa Monica Sign Ordinance Study_Final December 8, 2025 page 40

k. Monitoring Site M-E11:

The existing lighting conditions at M-E11 are High horizontal and High vertical illumination from Project exterior lighting located to the north of Monitoring Site. Prominent light sources visible in the field of view from M-E11 to the south side of the Project site include exterior building lighting and parking lot lighting.

Figure 25: M-E11 – 09/25/2025, 3:56 pm
Figure 26: M-E11 – 09/29/2025, 10:25 pm

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l. Monitoring Site M-E12:

The existing lighting conditions at M-E12 are High horizontal and High vertical illumination from Project exterior lighting located to the east of Monitoring Site. Prominent light sources visible in the field of view from M-E12 to the west side of the Project site include exterior building lighting, metro station lighting, and street lighting.

Figure 27: M-E12 – 09/25/2025, 4:09 pm
Figure 28: M-E12 – 09/29/2025, 10:46 pm

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m. Monitoring Site M-N01:

The existing lighting conditions at M-N01 are Low horizontal and Medium vertical illumination from Project exterior lighting located to the west of Monitoring Site. Prominent light sources visible in the field of view from M-N01 to the north side of the Project site include building lighting, parking lot lighting.

Figure 29: M-N01 - 07/21/2025, 2:56 pm
Figure 30: M-N01 - 07/22/2025, 9:22 pm

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n. Monitoring Site M-N02:

The existing lighting conditions at M-N02 are Medium horizontal and Low vertical illumination from Project exterior lighting located to the west of Monitoring Site. Prominent light sources visible in the field of view from M-N02 to the north side of the Project site include exterior building lighting, outside dining lighting, and street lighting.

Figure 31: M-N02 – 07/22/2025, 9:11 pm
Figure 32: M-N02 - 07/21/2025, 2:52 pm

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o. Monitoring Site M-N03:

The existing lighting conditions at M-N003 are Medium horizontal and Medium vertical illumination from Project exterior lighting located to the west of Monitoring Site. Prominent light sources visible in the field of view from M-N3 to the south side of the Project site include exterior building lighting, and street lighting.

Figure 34: M-N03 - 07/21/2025, 2:50 pm
Figure 33: M-N03, 07/22/2025, 9:20 pm

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p. Monitoring Site M-N04:

The existing lighting conditions at M-N04 are High horizontal and High vertical illumination from Project exterior lighting located to the southwest of Monitoring Site. Prominent light sources visible in the field of view from M-N04 to the east side of the Project site include building lighting, and street lighting.

Figure 35: M-N04 - 09/25/2025, 2:12 pm
Figure 36: M-N04 - 09/29/2025, 7:34 pm

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q. Monitoring Site M-W01:

The existing lighting conditions at M-W01 are Low horizontal and Medium vertical illumination from Project exterior lighting located to the west of Monitoring Site. Prominent light sources visible in the field of view from M-W01 to the east side of the Project site include exterior building lighting and parking lot lighting.

Figure 38: M-W01 - 09/29/2025, 8:04 pm
Figure 37: M-W01 – 09/25/2025, 2:24 pm

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r. Monitoring Site M-W02:

The existing lighting conditions at M-W02 are High horizontal and High vertical illumination from Project exterior lighting located to the west of Monitoring Site. Prominent light sources visible in the field of view from M-W02 to the east side of the Project site include exterior building lighting, parking lot lighting, and street lighting.

Figure 40: M-W02 - 07/21/2025, 3:14 pm
Figure 39: M-W02 - 09/22/2025, 10:09 pm

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s. Monitoring Site M-W03:

The existing lighting conditions at M-W03 are High horizontal and High vertical illumination from exterior lighting located to the west of Monitoring Site. Prominent light sources visible in the field of view from M-W03 to the east of the Project site include exterior building lighting.

Figure 42: M-W03 - 09/25/2025, 3:20 pm
Figure 41: M-W03 -09/29/2025, 9:08 pm

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t. Monitoring Site M-W04:

The existing lighting conditions at M-W04 are High horizontal and High vertical illumination from Project exterior lighting located to the west of Monitoring Site. Prominent light sources visible in the field of view from M-W04 to the east side of the Project site include exterior building lighting, street lighting, traffic lighting, and pedestrian lighting.

Figure 43: M-W04 - 09/25/2025, 2:20 pm
Figure 44: M-W04 - 09/29/2025, 7:53 pm

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u. Monitoring Site M-W05:

The existing lighting conditions at M-W05 are High horizontal and High vertical illumination from Project exterior lighting located to the southwest, northeast and southeast of Monitoring Site. Prominent light sources visible in the field of view from M-W05 to the southwest, northeast, and southeast side of the Project site include exterior building lighting, Promenade overhead string and pole lighting, and street lighting.

Figure 45: M-W05 - 09/25/2025, 2:47 pm
Figure 46: M-W05 - 09/29/2025, 8:25 pm

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v. Monitoring Site M-W06:

The existing lighting conditions at M-W06 are High horizontal and Medium vertical illumination from Project exterior lighting located to the northwest, southwest, and southeast of Monitoring Site. Prominent light sources visible in the field of view from M-W06 to the northwest, southwest, and southeast side of the Project site include exterior building lighting, promenade overhead string and pole lighting, and street lighting.

Figure 47: M-W06 - 09/25/2025, 2:49 pm
Figure 48: M-W06 - 09/29/2025, 8:33 pm

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w. Monitoring Site M-W07:

The existing lighting conditions at M-W07 are High horizontal and Medium vertical illumination from Project exterior lighting located to the southwest, northeast, and southeast of Monitoring Site. Prominent light sources visible in the field of view from M-W07 to the southwest, northeast, and southeast side of the Project site include exterior building lighting, promenade overhead string and pole lighting, and street lighting.

Figure 49: M-W07 - 09/25/2025, 2:56 pm

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Figure 50: M-W07 - 09/29/2025, 8:53
x. Monitoring Site M-W08:

The existing lighting conditions at M-W08 are High horizontal and High vertical illumination from Project exterior lighting located to the northwest, southwest, and southeast of Monitoring Site. Prominent light sources visible in the field of view from M-W08 to the northwest, southwest, and southeast side of the Project site include exterior building lighting, promenade overhead string and pole lighting, and street lighting.

Figure 51: M-W08 - 09/25/2026, 2:58 pm

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Figure 52: M-W08 - 09/29/2025, 9:01 pm
y. Monitoring Site M-W09:

The existing lighting conditions at M-W09 are high horizontal and high vertical illumination from Project exterior lighting located to the east of Monitoring Site. Prominent light sources visible in the field of view from M-W09 to the east side of the Project site include exterior building lighting, architectural lighting, parking structure lighting, and street lighting.

Figure 53: M-W09 - 09/25/2025, 3:04 pm

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Packet Pg. 602 Attachment: Santa Monica Sign Ordinance Study_Final_20251208 (7108 : Digital Display Signage District Ordinance for Third Street Promenade 251030 SM010_Santa Monica Sign Ordinance Study_Final December 8, 2025 page 56

Figure 54: M-W09 - 09/29/2025, 9:17 pm

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z. Monitoring Site M-S01:

The existing lighting conditions at M-S01 are High horizontal and Medium vertical illumination from Project exterior lighting located to the west of Monitoring Site. Prominent light sources visible in the field of view from M-S01 to the south side of the Project site include exterior traffic lighting and street lighting.

Figure 55: M-S01 - 09/25/2025, 4:26 pm
Figure 56: M-S01 - 09/29/2025, 11:12 p

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Packet Pg. 604 Attachment: Santa Monica Sign Ordinance Study_Final_20251208 (7108 : Digital Display Signage District Ordinance for Third Street Promenade 251030 SM010_Santa Monica Sign Ordinance Study_Final December 8, 2025 page 58

aa. Monitoring Site M-S02:

The existing lighting conditions at M-S02 are High horizontal and High vertical illumination from Project exterior lighting located to the North of Monitoring Site. Prominent light sources visible in the field of view from M-S02 to the south side of the Project site include exterior building lighting, catenary lighting, and street lighting.

Figure 57: M-S02 - 09/25/2025, 4:03 pm
Figure 58: M-S02 - 09/29/2025, 10:35 pm

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Packet Pg. 605 Attachment: Santa Monica Sign Ordinance Study_Final_20251208 (7108 : Digital Display Signage District Ordinance for Third Street Promenade 251030 SM010_Santa Monica Sign Ordinance Study_Final December 8, 2025 page 59

8. LIGHTING ANALYSIS
The Project would permit up to 16 new large format, digital Signs as described in Section 3 and depicted in Appendix A.

The following criteria are used in this Study to evaluate the Project’s impact with respect to light trespass and glare:
• Sign light trespass illuminance must not exceed 3.0 fc at the property lines of nearby residential use properties within the District
• Sign light trespass illuminance must not exceed 1.4 fc at the property lines of residential use properties outside of the District
• Sign luminance must be less than high contrast conditions, i.e., less than 30 to 1 contrast ratios. • Sign luminance visible within 10 degrees from the driver’s normal field of view must be less than 500 fL and or less than 1,000 times the minimum measured brightness in the driver’s field of view, except that when the minimum measured brightness in the field of view is 10 footlamberts or less, the measured brightness of the light source in footlambert shall not exceed 500 plus 100 times the angle, in degrees, between the driver’s field of view and the light source.

8.1 Light Trespass Analysis
Project light trespass illuminance from Project Signs is evaluated by way of the calculated illuminance (fc) as per the methodology defined in Section 6, at the vertical and horizontal calculation plane locations where lighting is under review. As noted above, this Study evaluates the light trespass illuminance from the Project at residential use properties within the District at a maximum 3.0 fc, and at residential use properties outside the District at a maximum of 1.4 fc. This Study analyzes potential and future Signs as described in the Conceptual Plan (Appendix A) which defines the Project Sign(s) locations, dimensions, and orientation.

The evaluation of Sign light trespass illuminance within the District is described as High, Medium, and Low as follows:

Illuminace greater than than 3.0 fc, is evaluated as “High”; Illuminance greater than 1.4 fc but less than 3.0 fc is evaluated as “Medium”; Illuminance less than 1.4 fc is evaluated as “Low”.

The evaluation of Sign light trespass illuminance outside the boundaries of the District is described as High, Medium, and Low as follows: Illuminace greater than 1.4 fc, is evaluated as “High”; Illuminance greater than 0.74 fc but less than 1.4 fc is evaluated as “Medium”; and illuminance less than 0.74 fc is evaluated as “Low”.

Per the illumination standards that are set forth in the Project Description (Section 3), the Project Signs will operate at maximum luminance of 6,000 cd/m2 during the day from sunrise to sunset, 300 cd/m2 in the evening from sunset to 10:00 pm, and 200 cd/m2 at night between 10:00 pm and 1:00 am, and all off from 1:00 am until sunrise, with a smooth transition from day maximum luminance to night maximum luminance beginning 45 minutes prior to sunset and concluding at sunset, and from nighttime maximum luminance to daytime maximum luminance at sunrise and concluding 45 minutes after sunrise.

The Project Sign light trespass analysis evaluates the illuminance (fc) from the Project Sign leaving the Project Site toward nearby residential use properties as shown in Figure 4 above with respect to the maximum light trespass threshold of 3.0 fc within the District and 1.4 fc beyond the boundaries of the District. The Project Signs are analyzed in this Study conservatively with the Project Signs operating at maximum nighttime luminance as noted above, in “all

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Packet Pg. 606 Attachment: Santa Monica Sign Ordinance Study_Final_20251208 (7108 : Digital Display Signage District Ordinance for Third Street Promenade 251030 SM010_Santa Monica Sign Ordinance Study_Final December 8, 2025 page 60

white” mode. The Project Signs will not operate in “all white” mode in practice. However, all white would produce the maximum light trespass and therefore is assumed to represent a conservative analysis. The information in the Conceptual Sign Plan (Appendix A) and as described in Section 3 (Project Description) was utilized to calculate Project Sign light trespass illuminance in this Study.

The Project Sign light trespass illuminance calculation results are summarized in Tables 7, 8, 9 and 10 below for each vertical calculation plane. Complete Project Sign illuminance calculated data is presented in Appendix B and where the illuminance exceeds the threshold of 3.0 fc for sensitive uses within the District or 1.4 fc for sensitive uses outside the District, the data is presented with bold text.
a. Light Trespass Illuminance within the District
The analysis of lighting impacts includes calculations of light trespass illuminance at nearby residential uses that would be affected by the Project Sign(s). Calculations of light trespass simulate light meters measuring light from the Project Sign within a vertical plane at the residential use property line or the location where light trespass is being analyzed.

The calculations in this Study are presented at 10 feet on center, vertically and horizontally, covering the surface from the height of the ground floor commercial use properties, estimated at 15 feet above grade, to the height of the Project Signs or the height of existing residential use properties.

The light trespass illuminance from the Project Signs operating at night, from sunset until 10:00 pm at maximum of 300 cd/m2 is calculated at the vertical planes located within the District, and the results are summarized in Table 7.

With Sign luminance at 300 cd/m2
, the maximum illuminance at vertical planes within the District exceeds 3.0 fc maximum threshold defined by the District at vertical planes VP-E3, VP- E6, VP-E7, VP-E10, VP-E12, VP-W3, VP-W6, VPW7, VP-W10, and VP-W11. The Vertical Planes VP-E3, VP-E7, VP-E10, VP-E12, VP-W3, VP-W6, VP-W7, VP-W10, and VPW11 are located at commercial use properties. Therefore, light trespass illuminance greater than 3.0 fc at these vertical plane locations will not create an impact.

The vertical plane VP-E6 is located at the existing mixed-use use property at 1311 3rd Street Promenade/302 Arizona Ave (Victoria Secret/Criterion Promenade Apartments). Therefore, light trespass illuminance greater than 3.0 fc at vertical plane VP-E6 facing the 3rd Street Promenade could create a high light trespass on the existing residences on levels 2 and 3 of this mixed-use property, in the absence of the regulatory requirements of the Digital Display Ordinance. However, the Project includes a requirement that illuminance from any digital display or architectural lights of the display shall not exceed 3.0 fc at any residential uses. Therefore, the light trespass at this location from Project Sign(s) will be required to be minimized to 3.0 fc or below pursuant to the Digital Display District’s regulations through design features, such as:
(1) Sign area may be reduced to proportionally reduce the light trespass illuminance. (2) Signs may be angled and oriented away from any nearby residential properties. (3) Louvers may be integrated into the Sign design to control and limit the light trespass at nearby residential properties.
(4) Each Sign shall be fully dimmable and shall be controlled by a programmable timer so that luminance levels may be adjusted according to the time of day and applicable lighting standards. (5) A Photometric Report prepared by a lighting professional shall be submitted to the Director upon installation prior to issuance of a certificate of occupancy or commercial operation of the display, and

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at two-year intervals thereafter to confirm conformance with the lighting requirements in the Ordinance.

Table 8: Sign Light Trespass Illuminance (fc) at Vertical Planes within the District, 300 cd/m2 Vertical Plane
Illuminance (fc) Sign
Luminance
(cd/sqm)
Analysis
(3.0 fc threshold) Max Min Avg
VP-E2 2.98 0.26 1.45 300
Medium light trespass, less than

3.0 fc, greater than 1.4 fc., no
impact
VP-E3 4.25 0.00 1.66 300
High light trespass, greater than

3.0 fc; commercial use property,
no impact
VP-E6 3.95 0.01 1.67 300
High light trespass, greater than

3.0 fc; at levels 2 & 3 of existing
residential use property, signage at
this location would therefore be
subject to light reduction
regulations under Ordinance
Section 9.61.205(H)(2), which
would ensure impacts are less than
significant
VP-E7 3.88 0.41 1.71 300
High light trespass, greater than

3.0 fc; commercial use property,
no impact
VP-E10 3.74 0.41 1.66 300
High light trespass, greater than

3.0 fc; commercial use property,
no impact
VP-E11 2.83 0.21 1.24 300
Medium light trespass, less than

3.0 fc, greater than 1.4 fc. no
impact
VP-E12 3.33 0.27 1.25 300
High light trespass, greater than

3.0 fc; at levels 2 to 4, commercial
use property, no impact
VP-E17 1.06 0.09 0.39 300
Low light trespass, less than 1.4 fc.
no impact
VP-W2 2.64 0.23 1.18 300
Medium light trespass, less than

3.0 fc, greater than 1.4 fc. no
impact

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Packet Pg. 608 Attachment: Santa Monica Sign Ordinance Study_Final_20251208 (7108 : Digital Display Signage District Ordinance for Third Street Promenade 251030 SM010_Santa Monica Sign Ordinance Study_Final December 8, 2025 page 62

Vertical Plane
Illuminance (fc) Sign
Luminance
(cd/sqm)
Analysis
(3.0 fc threshold) Max Min Avg
VP-W3 5.21 0.45 2.19 300
High light trespass, greater than

3.0 fc; commercial use property,
no impact
VP-W6 3.50 0.42 1.57 300
High light trespass, greater than

3.0 fc; commercial use property,
no impact
VP-W7 3.51 0.44 1.75 300
High light trespass, greater than

3.0 fc; commercial use property,
no impact
VP-W10 3.16 0.00 1.28 300
High light trespass, greater than

3.0 fc; commercial use property,
no impact
VP-W11 3.27 0.00 1.13 300
High light trespass, greater than

3.0 fc; commercial use property,
no impact
VP-W12 1.54 0.29 0.73 300
Medium light trespass, less than

3.0 fc, greater than 1.4 fc. no
impact
The calculated illuminance at the vertical planes at Broadway & 3rd Street Promenade intersection are illustrated in Figure 59 and Figure 60.

The calculated illuminance at the vertical planes at Santa Monica Blvd & 3rd Street Promenade intersection are illustrated in Figure 61 and Figure 62,
The calculated illuminance at the vertical planes at Arizona & 3rd Street Promenade intersection are illustrated in Figure 63 and Figure 64.

The calculated illuminance at the vertical planes at Wilshire & 3rd Street Promenade intersection are illustrated in Figure 65 and Figure 66.

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Packet Pg. 609 Attachment: Santa Monica Sign Ordinance Study_Final_20251208 (7108 : Digital Display Signage District Ordinance for Third Street Promenade 251030 SM010_Santa Monica Sign Ordinance Study_Final December 8, 2025 page 63

Figure 59: Calculation Rendering at Broadway & 3rd St Promenade Intersection, View Looking South-East, 300 cd/m2 Figure 60: Calculation Rendering at Broadway & 3rd St Promenade Intersection, View Looking South-West, 300 cd/m2

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Packet Pg. 610 Attachment: Santa Monica Sign Ordinance Study_Final_20251208 (7108 : Digital Display Signage District Ordinance for Third Street Promenade 251030 SM010_Santa Monica Sign Ordinance Study_Final December 8, 2025 page 64

Figure 61: Calculation Rendering at Santa Monica Blvd & 3rd St Promenade Intersection, View Looking South-East, 300 cd/m2
Figure 62: Calculation Rendering at Santa Monica Blvd & 3rd St Promenade Intersection, View Looking South-West, 300 cd/m2

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Packet Pg. 611 Attachment: Santa Monica Sign Ordinance Study_Final_20251208 (7108 : Digital Display Signage District Ordinance for Third Street Promenade 251030 SM010_Santa Monica Sign Ordinance Study_Final December 8, 2025 page 65

Figure 63: Calculation Rendering at Arizona & 3rd St Promenade Intersection, View Looking South-East, 300 cd/m2 Figure 64: Calculation Rendering at Arizona & 3rd St Promenade Intersection, View Looking South-West, 300 cd/m2

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Packet Pg. 612 Attachment: Santa Monica Sign Ordinance Study_Final_20251208 (7108 : Digital Display Signage District Ordinance for Third Street Promenade 251030 SM010_Santa Monica Sign Ordinance Study_Final December 8, 2025 page 66

Figure 65: Calculation Rendering at Wilshire & 3rd St Promenade Intersection, View Looking South-East, 300 cd/m2 Figure 66: Calculation Rendering at Wilshire & 3rd St Promenade Intersection, View Looking South-West, 300 cd/m2

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Sign light trespass illuminance is further analyzed at the vertical planes with maximm Sign luminance of 200 cd/m2 for the time period from 10:00 pm until 1:00 am.

The Project Signs light trespass illuminance at the vertical planes defined above in Figure 4, with Signs operating at maximum of 200 cd/m2 from 10:00 pm until 1:00 am are summarized in Table 8.

The calculated maximum Sign light trespass illuminance at vertical planes located within the District boundary does not exeed 3.0 fc at all vertical planes except at vertical plane VP-W3. The maximum illuminance at VP-W3 is 3.47 fc.

However, vertical plane VP-W3 is located at a commercial use property, which is not a sensitive use.

Therefore, there is no light trespass impact from the Project Signs operating at 200 cd/m2 from 10:00 pm until 1:00 at residential uses within the District boundary.

Table 9: Sign Light Trespass Illuminance (fc) at Vertical Planes within the District, 200 cd/m2 Vertical Plane
Illuminance (fc) Sign
Luminance
(cd/sqm)
Analysis
(3.0 fc threshold) Max Min Avg
VP-E2 1.99 0.17 0.97 200 Medium light trespass, less than 3.0 fc, greater than 1.4 fc; no impact
VP-E3 2.83 0.00 1.10 200 Medium light trespass, less than 3.0 fc, greater than 1.4 fc; no impact
VP-E6 2.63 0.00 1.11 200 Medium light trespass, less than 3.0 fc, greater than 1.4 fc; no impact
VP-E7 2.58 0.27 1.13 200 Medium light trespass, less than 3.0 fc, greater than 1.4 fc; no impact
VP-E10 2.50 0.28 1.11 200 Low light trespass, less than 1.4 fc. no impact
VP-E11 1.88 0.14 0.83 200 Medium light trespass, less than 3.0 fc, greater than 1.4 fc; no impact
VP-E12 2.22 0.18 0.84 200 Medium light trespass, less than 3.0 fc, greater than 1.4 fc; no impact
VP-E17

0.88 0.09 0.35
200 Low light trespass, less than 1.4 fc. no
impact
VP-W2 1.76 0.16 0.79 200 Medium light trespass, less than 3.0 fc, greater than 1.4 fc; no impact
VP-W3 3.47 0.30 1.45 200
High light trespass, greater than 3.0
fc; commercial use property, no
impact

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Packet Pg. 614 Attachment: Santa Monica Sign Ordinance Study_Final_20251208 (7108 : Digital Display Signage District Ordinance for Third Street Promenade 251030 SM010_Santa Monica Sign Ordinance Study_Final December 8, 2025 page 68

Vertical Plane
Illuminance (fc) Sign
Luminance
(cd/sqm)
Analysis
(3.0 fc threshold) Max Min Avg
VP-W6 2.33 0.28 1.05 200 Medium light trespass, less than 3.0 fc, greater than 1.4 fc; no impact
VP-W7 2.34 0.30 1.16 200 Medium light trespass, less than 3.0 fc, greater than 1.4 fc; no impact
VP-W10 2.10 0.00 0.85 200 Medium light trespass, less than 3.0 fc, greater than 1.4 fc; no impact
VP-W11 2.18 0.00 0.75 200 Medium light trespass, less than 3.0 fc, greater than 1.4 fc; no impact
VP-W12 1.03 0.19 0.48 200 Low light trespass, less than 1.4 fc. no impact
b. Light Trespass Illuminance Outside of the District
The analysis of light impacts includes calculations of light trespass illuminance and glare at existing residential uses beyond the boundaries of the Sign District that would be affected by the Project. Calculations of light trespass simulate light meters measuring light from the Project within a vertical plane at residential use property lines or the locations where light trespass is being analyzed. The calculations are presented at 10 feet on center, vertically and horizontally, covering the vertical surface from 15 feet above grade to the height of the Project, or the height of existing residential use properties.

The evaluation of Signs light trespass illuminance outside the boundaries of the District is described as High, Medium, and Low as follows: Illuminance greater than 1.4 fc, is evaluated as “High”; Illuminance greater than 0.74 fc but less than 1.4 fc is evaluated as “Medium”. Illuminance, and illuminance less than 0.74 fc is evaluated as “Low”.

The Project Signs light trespass illuminance at the vertical planes defined above in Figure , with Signs operating at maximum of 300 cd/m2 from sunset until 10:00 pm are summarized in Table 9.

Table 10: Sign Light Trespass Illuminance (fc) at Vertical Planes beyond the District boundary, 300 cd/m2 Vertical Plane
Illuminance (fc) Sign
Luminance
(cd/m2)
Analysis
(1.4 fc threshold) Max Min Avg
VP-E1 0.41 0.07 0.19 300 Low light trespass, less than 0.74 fc. no impact
VP-E4 5.30 0.30 1.73 300 High light trespass, greater than 1.4 fc; commercial use, no impact

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Packet Pg. 615 Attachment: Santa Monica Sign Ordinance Study_Final_20251208 (7108 : Digital Display Signage District Ordinance for Third Street Promenade 251030 SM010_Santa Monica Sign Ordinance Study_Final December 8, 2025 page 69

Vertical Plane
Illuminance (fc) Sign
Luminance
(cd/m2)
Analysis
(1.4 fc threshold) Max Min Avg
VP-E5 2.78 0.20 0.95 300 High light trespass, greater than 1.4 fc; commercial use, no impact
VP-E8 3.24 0.36 1.40 300 High light trespass, greater than 1.4 fc; commercial use, no impact
VP-E9 3.49 0.00 1.84 300 High light trespass, greater than 1.4 fc; commercial use, no impact
VP-E13 0.38 0.09 0.20 300 Low light trespass, less than 0.74 fc. no impact
VP-E14 0.01 0.00 0.00 300 Low light trespass, less than 0.74 fc. no impact
VP-E15 0.22 0.00 0.01 300 Low light trespass, less than 0.74 fc. no impact
VP-E16 0.09 0.01 0.05 300 Low light trespass, less than 0.74 fc. no impact
VP-E18 0.07 0.00 0.01 300 Low light trespass, less than 0.74 fc. no impact
VP-N1 0.23 0.00 0.07 300 Low light trespass, less than 0.74 fc. no impact
VP-N2 0.07 0.01 0.03 300 Low light trespass, less than 0.74 fc. no impact
VP-N3 0.32 0.00 0.06 300 Low light trespass, less than 0.74 fc. no impact
VP-N4 0.11 0.00 0.00 300 Low light trespass, less than 0.74 fc. no impact
VP-N5 0.24 0.00 0.04 300 Low light trespass, less than 0.74 fc. no impact
VP-S1 0.04 0.02 0.03 300 Low light trespass, less than 0.74 fc. no impact
VP-S2 0.00 0.00 0.00 300 Low light trespass, less than 0.74 fc. no impact

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Packet Pg. 616 Attachment: Santa Monica Sign Ordinance Study_Final_20251208 (7108 : Digital Display Signage District Ordinance for Third Street Promenade 251030 SM010_Santa Monica Sign Ordinance Study_Final December 8, 2025 page 70

Vertical Plane
Illuminance (fc) Sign
Luminance
(cd/m2)
Analysis
(1.4 fc threshold) Max Min Avg
VP-S3 0.00 0.00 0.00 300 Low light trespass, less than 0.74 fc. no impact
VP-W1 0.28 0.06 0.13 300 Low light trespass, less than 0.74 fc. no impact
VP-W4 3.90 0.66 2.09 300 High light trespass, greater than 1.4 fc; commercial use, no impact
VP-W5 3.77 0.60 1.86 300 High light trespass, greater than 1.4 fc; commercial use, no impact
VP-W8 3.57 0.30 1.36 300 High light trespass, greater than 1.4 fc; commercial use, no impact
VP-W9 3.51 0.39 1.42 300 High light trespass, greater than 1.4 fc; commercial use, no impact
VP-W13 0.06 0.00 0.01 300 Low light trespass, less than 0.74 fc. no impact
VP-W14 0.02 0.00 0.01 300 Low light trespass, less than 0.74 fc. no impact
VP-W15 0.00 0.00 0.00 300 Low light trespass, less than 0.74 fc. no impact
VP-W16 0.01 0.00 0.00 300 Low light trespass, less than 0.74 fc. no impact
VP-W17 0.05 0.03 0.04 300 Low light trespass, less than 0.74 fc. no impact
VP-W18 0.00 0.00 0.00 300 Low light trespass, less than 0.74 fc. no impact
VP-W19 0.14 0.00 0.07 300 Low light trespass, less than 0.74 fc. no impact
VP-W20 0.09 0.00 0.04 300 Low light trespass, less than 0.74 fc. no impact
With Sign luminance at 300 cd/m2
, the calculated maximum Sign light trespass illuminance at vertical planes located within the District exceeds 1.4 fc at Vertical Planes VP-E4, VP-E5, VP-E8, VP-E9, VP-W4, VP-W5, VP-W8 and VP-W9. The maximum illuminance at VP-E4 is 5.30 fc. However, the locations where Sign light trespass exceeds 1.4 fc are

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Packet Pg. 617 Attachment: Santa Monica Sign Ordinance Study_Final_20251208 (7108 : Digital Display Signage District Ordinance for Third Street Promenade 251030 SM010_Santa Monica Sign Ordinance Study_Final December 8, 2025 page 71

commercial use properties, which are not sensitive uses. Therefore, there is no light trespass impact from the Project Signs at residential use properties beyond the District boundary with Signs operating at maximum luminance of 300 cd/m2
.

Signs are further analyzed operating at maximum luminance of 200 cd/m2 from 10:00 pm until 1:00 am at the vertical plane locations outside the District Boundary.

The Project Signs light trespass illuminance at the vertical planes defined above in Figure 4, with Signs operating at maximum of 200 cd/m2 from 10:00 pm until 1:00 am are summarized in Table 10.

The calculated maximum Sign light trespass exceeds 1.4 fc at vertical planes VP-E4, VP-E5, VP-E8, VP-E9, VP-W4, VPW5, VP-W8 and VP-W9. However, the areas within these vertical planes where light trepass exceeds 1.4 fc are commercial use, and therefore, will not create a light trespass impact. Therefore, there is no light trespass impact from the Project Signs at residential use properties beyond the District boundary from 10:00 pm until 1:00 am with Signs operating at 200 cd/m2
.

Table 11: Sign Light Trespass Illuminance (fc) at Vertical Planes beyond the District boundary, 200 cd/m2 Vertical
Plane
Illuminance (fc) Sign
Luminance
(cd/sqm)
Analysis
(1.4 fc threshold) Max Min Avg
VP-E1 0.28 0.05 0.12 200 Low light trespass, less than 0.74 fc. no impact
VP-E4 3.53 0.20 1.15 200 High light trespass, greater than 1.4 fc; commercial use, no impact
VP-E5 1.86 0.13 0.64 200 High light trespass, greater than 1.4 fc; commercial use, no impact
VP-E8 2.15 0.24 0.93 200 High light trespass, greater than 1.4 fc; commercial use, no impact
VP-E9 2.32 0.00 1.22 200 High light trespass, greater than 1.4 fc; commercial use, no impact
VP-E13 0.25 0.06 0.13 200 Low light trespass, less than 0.74 fc. no impact
VP-E14 0.01 0.00 0.00 200 Low light trespass, less than 0.74 fc. no impact
VP-E15 0.14 0.00 0.01 200 Low light trespass, less than 0.74 fc. no impact
VP-E16 0.06 0.01 0.03 200 Low light trespass, less than 0.74 fc. no impact

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Packet Pg. 618 Attachment: Santa Monica Sign Ordinance Study_Final_20251208 (7108 : Digital Display Signage District Ordinance for Third Street Promenade 251030 SM010_Santa Monica Sign Ordinance Study_Final December 8, 2025 page 72

Vertical
Plane
Illuminance (fc) Sign
Luminance
(cd/sqm)
Analysis
(1.4 fc threshold) Max Min Avg
VP-E18 0.00 0.00 0.00 200 Low light trespass, less than 0.74 fc. no impact
VP-N1 0.15 0.00 0.04 200 Low light trespass, less than 0.74 fc. no impact
VP-N2 0.05 0.01 0.02 200 Low light trespass, less than 0.74 fc. no impact
VP-N3 0.22 0.00 0.04 200 Low light trespass, less than 0.74 fc. no impact
VP-N4 0.07 0.00 0.00 200 Low light trespass, less than 0.74 fc. no impact
VP-N5 0.16 0.00 0.03 200 Low light trespass, less than 0.74 fc. no impact
VP-S1 0.02 0.01 0.02 200 Low light trespass, less than 0.74 fc. no impact
VP-S2 0.00 0.00 0.00 200 Low light trespass, less than 0.74 fc. no impact
VP-S3 0.00 0.00 0.00 200 Low light trespass, less than 0.74 fc. no impact
VP-W1 0.18 0.04 0.09 200 Low light trespass, less than 0.74 fc. no impact
VP-W4 2.59 0.43 1.38 200 High light trespass, greater than 1.4 fc; commercial use, no impact
VP-W5 2.49 0.39 1.22 200 High light trespass, greater than 1.4 fc; commercial use, no impact
VP-W8 2.39 0.20 0.91 200 High light trespass, greater than 1.4 fc; commercial use, no impact
VP-W9 2.35 0.26 0.95 200 High light trespass, greater than 1.4 fc; commercial use, no impact
VP-W13 0.04 0.00 0.01 200 Low light trespass, less than 0.74 fc. no impact

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Vertical
Plane
Illuminance (fc) Sign
Luminance
(cd/sqm)
Analysis
(1.4 fc threshold) Max Min Avg
VP-W14 0.02 0.00 0.00 200 Low light trespass, less than 0.74 fc. no impact
VP-W15 0.00 0.00 0.00 200 Low light trespass, less than 0.74 fc. no impact
VP-W16 0.00 0.00 0.00 200 Low light trespass, less than 0.74 fc. no impact
VP-W17 0.04 0.02 0.03 200 Low light trespass, less than 0.74 fc. no impact
VP-W18 0.00 0.00 0.00 200 Low light trespass, less than 0.74 fc. no impact
VP-W19 0.09 0.00 0.05 200 Low light trespass, less than 0.74 fc. no impact
VP-W20 0.06 0.00 0.03 200 Low light trespass, less than 0.74 fc. no impact
c. Project Signs Light Trespass Analysis Using Inverse Square Law In addition, the Project Signs are analyzed to evaluate the distance where the illuminance from each individual Sign will be 0.3 fc or less, or less than 10% of the maximum permitted within the District at 3.0 fc. Incident light (fc) from a source degrades in proportion to the inverse square of the distance from the source to the location where lighting is evaluated, which for this Study is residential use properties. The illuminance EV (fc) incident at any given distance D (ft) from an illuminated surface S (ft2
) with uniform surface luminance of L (cd/m2) is calculated by the following formula:

EV = L x S

10.76 x D2

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This formula illustrates the reduction in illuminance at any location as the distance increases from a source surface.

Larger sign areas produce the greatest distance from the Project where the illuminance will be equal to or greater than

0.3 footcandles. The distance from the Project Sign to the location where the Sign Illuminance (Ev) equals 0.3 footcandles is calculated utilizing the formula above and solving for D.

D = square root ((L x S))/(10.76 x Ev)
The Project Signs identified in Figure 67 and as outlined in Section 3, Project Sign Plan, are evaluated by the formula above. Table 11 presents the calculated distance from the Project Sign face to the location where the Project Sign Illuminance equals 0.3 footcandles. For a Sign with a maximum area of 1,000 square feet and having 500 square feet of Sign face on each side of the building operating at the maximum luminance of 300 cd/m2 , the Distance D is 216 feet from the Sign face.

Figure 67: District, Sign Locations, Residential Properties

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The property at 425 4th Street is the nearest residential property to any Sign at approximately 171 to 264 feet from the northwest facing Sign S-15A at the intersection of 4th Street and Broadway at Santa Monica Place. The Sign illuminance from Sign S-15 A at 171 ft from the Sign will be 0.5 fc, and at 264 ft will be 0.2 fc. The existing measured illuminance at Measuring Site M-E07 at the intersection of 4th Street and Broadway, 114 feet from the northwest facing Sign S-15A at Santa Monica Place Mall is 1.79 fc (vertical). The increase over ambient illumination from the Signs at M-E07 is 1.1 fc, or 60% of the ambient. The increased illuminance at 425 4th Street will be 11% to 28% above the ambient illuminance.

The increased illuminance at M-E07 and at 425 4th Street will be less than 1.4 fc, the maximum Sign illuminance outside the District boundary, and will be substantially less than the existing ambient illuminance along 4th Street, which is a commercial thoroughfare with extensive night time activities All other residential properties outside the boundaries of the District are located more than 305 feet from any Project Sign face, and will therefore receive less than 0.30 fc from any Sign face.

All of the Project Signs will be required to comply with the Sign District Ordinance and will operate in a manner that will not create light trespass at existing nearby residential properties. More distant residential properties will receive less light from the Project due to the increased distance. Therefore, the Project will not produce a significant light trespass impact to any existing residential properties.

Table 12: Project Signs Distance (D) to Ev=0.3fc
Sign Area Distance in feet @

0.3 fc
S-1 1000 305
S-2 1000 305
S-3 1000 305
S-4 1000 305
S-5 1000 305
S-6 1000 305
S-7 1000 305
S-8 1000 305
S-9 1000 305
S-10 1000 305
S-11 1000 305
S-12 1000 305
S-13 1000 305
S-14 1000 305
S-15 1000 305
S-16 1000 305

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8.2 Glare Analysis at Residential Properties
The evaluation of High, Medium and Low Contrast describes the perception of how bright a visible object appears in comparison to the surrounding objects within any given field of view. The “luminance ratio” is the ratio of the maximum Sign Luminance as compared to the Average Luminance within the field of view visible at an observer position. This ratio is referred to as “contrast”, and is determined by the variation of luminance. “High,” “Medium,” and “Low” contrast are terms used to describe the effect of the contrast ratios (the ratio of maximum luminance to the average within a field of view) of greater than 30:1, between 10:1 and 30:1, and Table 13: Project Sign Contrast Ratio at 300 cd/m2
Monitoring
Site
Existing Measured
Luminance
Project Lighting
Luminance
Average Maximum Max Evaluation
Contrast
Ratio
M-E1 138 1515 300 2.2 : 1 Low Contrast Ratio, No Glare Impact M-E2 536 7636 300 0.6 : 1 Low Contrast Ratio, No Glare Impact M-E3 563 9905 300 0.6 : 1 Low Contrast Ratio, No Glare Impact M-E4 226 2230 300 1.4 : 1 Low Contrast Ratio, No Glare Impact M-E5 196 4365 300 1.6 : 1 Low Contrast Ratio, No Glare Impact M-E6 237 4432 300 1.2 : 1 Low Contrast Ratio, No Glare Impact M-E7 313 4882 300 1 : 1 Low Contrast Ratio, No Glare Impact M-E8 458 9642 300 0.6 : 1 Low Contrast Ratio, No Glare Impact M-E9 491 8652 300 0.6 : 1 Low Contrast Ratio, No Glare Impact M-E10 328 5036 300 1 : 1 Low Contrast Ratio, No Glare Impact M-E11 449 8537 300 0.6 : 1 Low Contrast Ratio, No Glare Impact M-E12 150 1930 300 2 : 1 Low Contrast Ratio, No Glare Impact M-N1 94 1168 300 3.2 : 1 Low Contrast Ratio, No Glare Impact M-N2 112 1907 300 2.6 : 1 Low Contrast Ratio, No Glare Impact M-N3 133 2858 300 2.2 : 1 Low Contrast Ratio, No Glare Impact M-N4 94 1168 300 3.2 : 1 Low Contrast Ratio, No Glare Impact

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Monitoring
Site
Existing Measured
Luminance
Project Lighting
Luminance
Average Maximum Max Evaluation
Contrast
Ratio
M-S1 112 1907 300 2.6 : 1 Low Contrast Ratio, No Glare Impact M-S2 133 2858 300 2.2 : 1 Low Contrast Ratio, No Glare Impact M-W1 179 3648 300 1.6 : 1 Low Contrast Ratio, No Glare Impact M-W2 11 1226 300 2.6 : 1 Low Contrast Ratio, No Glare Impact M-W3 92 744.7 300 3.2 : 1 Low Contrast Ratio, No Glare Impact M-W4 169 3939 300 1.8 : 1 Low Contrast Ratio, No Glare Impact M-W5 108 1382 300 2.8 : 1 Low Contrast Ratio, No Glare Impact M-W6 246 4065 300 1.2 : 1 Low Contrast Ratio, No Glare Impact M-W7 232 3616 300 1.2 : 1 Low Contrast Ratio, No Glare Impact M-W8 396 7604 300 0.8 : 1 Low Contrast Ratio, No Glare Impact M-W9 410 5317 300 0,8 : 1 Low Contrast Ratio, No Glare Impact below 10:1, respectively. Luminance contrast ratios above 30:1 are generally uncomfortable for the human eye to perceive. High Contrast, greater than a 30:1 Contrast Ratio, indicate a potential glare condition.

The existing lighting conditions at night within and surrounding the Project Site and visible within the field of view from the Monitoring Sites were evaluated on September 25, 2025 and September 29, 2025. Measurements of the existing luminance at night within the field of view from the Monitoring Sites are summarized in Section 8.3 and Table 4 above.

Potential glare from the Sign is evaluated by calculating the Contrast Ratio, which is the ratio of the maximum Sign Luminance compared to the existing measured Average Luminance in Table 4. Table 12 summarizes the measured average luminance at each Monitoring Site (from Table 4) along with a calculation of the comparison of the proposed Project Sign maximum night time luminance to the existing measured average luminance to determine the Contrast Ratio.

The existing measured luminance at Monitoring Sites M-N1, M-N4, and M-W3 are less than 100 cd/m2 . The existing
measured luminance at Monitoring Sites M-E1,M-E12, M-N2, M-N3, M-S1, M-S2, M-W2, and M-W5 are greater than 100 cd/m2 and less than 300 cd/m2
, and the existing measured luminance at Monitoring Sites M-E2, M-E3, M-E4, M-E5, M-E6, M-E7, M-E8, M-E9, M-E10, M-E11, M-W1, M-W4, M-W6, M-W7, M-W8, and M-W9 are greater than 300 cd/m2 .

The maximum Project Signs night time luminance of 300 cd/m2 results in low Contrast Ratios for all Monitoring Sites, from a minimum of 0.6:1, to a maximum of 3.2:1.

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Therefore, the proposed Project Signs maximum night time luminance at 300 cd/m2 will not create a new source of glare at any Monitoring site or at surrounding residential use properties in proximity to the Project Site. Light degrades rapidly with distance as described above by the Inverse Square Law. Therefore, residential properties more distant from the Project Site than the Monitoring Sites will receive substantially less light than the Monitoring Sites. Therefore, there is no significant glare impact from the Project Signs at any residential use properties.

8.3 Glare Analysis for Roadways, California Vehicle Code The lighting impact to driver’s visibility from the Project are evaluated by way of the methodology defined in Section 7 above at the center line of the driver’s field of view and at angles wider than the center line of the driver’s field of view.

Bright sources within the drivers field of view, from the centerline of the roadway to angles up to 90 degrees from the center line of the roadway, may create glare if the light source is brighter than the limits established by the California Vehicle Code (CVC) as noted in Section 5.2 above. As summarized below, the results of this Study demonstrate the maximum Project Sign luminance is less than the limits established by the CVC for excessive luminance, or glare, during night, twilight (after sunset, and before sunrise), and during the day. Accordingly, the Project Sign meets the CVC standard for roadways approaching the Project Site from all directions.

The roadway glare analysis evaluates the maximum Project Sign luminance during night, twilight, and day with respect to the most stringent requirements of the CVC to determine if the Project introduces a source of distracting glare to drivers. The maximum Project Sign luminance at night and during twilight is 300 cd/m2 , all white. The maximum
Project Sign luminance during the day is 6,000 cd/m2
, all white.

The most stringent condition identified within the CVC Section 21466.5, states: “except that when the minimum measured brightness in the field of view is 10 footlamberts or less, the measured brightness of the light source in footlamberts (fL) shall not exceed 500 plus 100 times the angle, in roadway degrees, between the driver’s field of view and the light source.” Thus, a conservative evaluation occurs where the Project Sign is visible within the centerline of the driver’s field of view, the angle noted above within the field of view is 0, the surrounding surface luminance is less than 10 fL, and the maximum allowable luminance is 500 fL. Therefore, the most conservative condition at night or at twilight evaluates the Project Sign maximum luminance against the maximum luminance threshold of 500 fL as defined by CVC Section 21466.5.
a. Roadway Glare During Night
A measured brightness within the driver’s field of view of less than 10 fL generally occurs at night. The maximum Project Sign luminance during night is 300 cd/m2
. Calculating the equivalent maximum luminance by converting to english units from metric units: 300 cd/m2 equals 87.6 fL. Because the Project Sign is proposed to be limited to a maximum night time luminance of 300 cd/m2
, or 87.6 fL, the Project Sign maximum luminance will not exceed 87.6 fL, which is 35% of the 500 fL maximum, the most conservative limit stipulated by the CVC for conditions where the minimum brightness in the driver’s field of view is less than 10 fL. Therefore, at night the Project Sign within the drivers field of view will not exceed the 500 fL threshold and will not introduce a new source of glare as defined by CVC Section 21466.5.

For Project Sign views located beyond the driver’s 10 degree field of view, the maximum luminance is permitted to increase under the CVC. For example, light sources located 15 degrees from the centerline of the driver’s field of view would be limited to a maximum of 1,000 fL (500 fL plus 100 times the angle (5 degrees) = 1,000 fL). The maximum Project Sign luminance is 300 cd/m2 or 87.6 fL at night, or less than approximately 17.4 % of the maximum allowed by the CVC for those Project Sign locations at 15 degrees from the center of the driver’s field of view. Therefore, at night the Project Sign beyond the drivers 10 degree field of view will not exceed the 1000 fL threshold and will not introduce a new source of glare as defined by CVC Section 21466.5.

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b. Roadway Glare During Twilight
The Project is also evaluated during twilight (the transition period from day to night, from sunset to 45 minutes after sunset, and night to day, from 45 minutes before sunrise to sunrise). Sunlight increases gradually from the minimum brightness at sunrise to maximum brightness at mid-day, and then decreases gradually to the minimum brightness at sunset. Therefore, the minimum ambient sunlight occurs after sunset or before sunrise. However, in order to analyze the most conservative, low level sunlight conditions, this analysis adjusts the time frame for the minimum ambient luminance condition of 10 fL to sunset and at sunrise, extending the duration of minimum sunlight. At sunset the ambient sunlight will be greater than the minimum values after sunset during twilight, and at sunrise the luminance will be greater than the minimum during the time preceding sunrise. At sunset or sunrise, the minimum luminance values within the driver’s field of view will be above the minimum night time values (10fL) due to the light from the setting or rising sun. However, to maintain a conservative analysis, this evaluation assumes the minimum luminance within the driver’s field of view will be less than 10 fL from sunset until sunrise. Therefore, for this Study the maximum luminance permitted by the CVC during twilight will remain at 500 fL. The maximum luminance permitted by the CVC is 500 fL, which converting to metric units from english units, equals 1579 cd/m2 . The CVC maximum luminance is far
greater than the proposed Project Sign luminance of 300 cd/m2 . The Project Sign will not exceed the threshold
established by the CVC of 500 fL (1579 cd/m2
) during twilight. Therefore, the Project will not introduce a new source of glare during twilight.

The Project is designed to operate at 300 candelas/m2 (87.6 fL) maximum luminance, from sunset to 10 pm, and at 200 candelas/m2 maximum luminance from 10 pm to 1 am. Signs must be turned off between 1 am and sunrise. At 45 minutes prior to sunset the Project Signs are specified to begin transition from the maximum daytime luminance of 6,000 cd/m2 to the maximum evening luminance of 300 candelas/m2 . This transition must be completed no later than
sunset to avoid potential high contrast, glare conditions. Additionally, the Project Signs may not operate prior to sunrise and must adhere to the day maximum luminance of 6,000 cd/m2 , beginning no earlier than 45 minutes after
sunrise with a smooth transition no less than 45 minutes. Therefore, the Project Sign will not exceed a maximum luminance from sunset to sunrise, which converts to a maxmum of 87.6 fL, less than the maximum permitted luminance of 500 fL. Thus, the Project will not exceed the threshold of 500 fL, and will therefore not introduce a new source of glare during twilight.
c. Roadway Glare During Day
The evaluation of the Project Sign during the day (45 minutes after sunrise until 45 minutes before sunset) compares the daytime, ambient brightness to the maximum sign brightness stipulated by the CVC during full sun conditions and overcast sky conditions. The CVC, Section 21466.5 referenced above, permits the Project Sign to "generate light intensity levels greater than 1,000 times the minimum measured brightness in the driver’s field of view, except when the minimum values are less than 10 (fL).”
During the day (45 minutes after sunrise until 45 minutes before sunset) sunlight with clear sky conditions or light overcast conditions provides sufficient illuminance to generate surface brightness greater than 10 fL and up to 1200 fL on the least reflective surfaces, such as roadway pavement. Utilizing the value of 10 fL as the minimum within the driver’s field of view, the maximum allowable brightness would be 1,000 times 10 fL, or 10,000 fL. Because the Project Signs would be, as a Project Design Feature, limited to a maximum luminence of 6,000 cd/m2 (1,751 fL) during the daytime hours of operation, the Project Sign will not exceed 6,000 cd/m2 (1,751 fL) during the day, and Project Sign will therefore operate at less than 18% of the maximum luminance stipulated by the CVC. Therefore, the Project will not create a new source of glare during day time hours of operation with clear sky or light overcast conditions.

Severe storms, heavy cloud cover, or other atmospheric conditions may occur during the day, which may cause the minimum brightness within the driver’s field of view to be less than 10 fL. The Project Signs are proposed to include photocell control system to reduce the sign luminance from 6,000 cd/m2 (1,751 fL) to 300 candelas/m2 (87.6 fL)

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maximum when the ambient sun light falls to illuminance values similar to night, less than 100 fc. During the day, when storms, cloud cover, or other low ambient sunlight conditions occur and when the ambient sunlight is less than 100 fc, the Project Sign will transition from the daytime 6,000 cd/m2 (1,751 fL) to 300 candelas/m2 (87.6 fL) maximum, and thereby ensure that the sign brightness remains less than the maximum brightness stipulated by the CVC.

Therefore, the Project Sign will not create a new source of glare during day time periods with storm or severe overcast weather conditions and will not exceed 87.6 fL, or 35% of the 500 fL maximum allowed by the CVC during overcast conditions.

The Project Sign is designed to not exceed 300 candelas/m2 (87.6 fL) luminance at evening, twilight, or during overcast sky conditions, and the Project Sign will not exceed 6,000 cd/m2 (1,751 fL) during the day. The Project Sign luminance is thus less than the CVC standard, including 18% of the maximum allowable luminance identified as the threshold for glare during the day. Therefore the Project Sign will not create a new source of glare.

9. CONCLUSIONS
This Study confirms that the light resulting from Project Signs will be less than the significance thresholds defined by the District at 3.0 fc for existing residential use properties within the District. Light trespass impacts will be less than 1.4 fc for existing residential use properties outside of the District. Furthermore, at all existing residential use properties, the Project Signs maximum luminace will be less than 30 to 1 contrast ratio. Therefore, there is no impact from the Project Signs at surrounding sensitive use properties in proximity to the Project. Light intensity degrades exponentially with distance. Therefore, sensitive use properties which are more distant than the locations analyzed in this Study will receive substantially less light from the Project Signs. Therefore, there is no significant impact from the Project Signs at sensitive use properties. In addition, the light from Project Signs will not exceed the maximum defined by the California Vehicle Code, and there is no significant impact from the Project Signs with respect to driver’s glare.

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10. LIGHTING GLOSSARY
Discussions of lighting issues include precise definitions, descriptions or terminology of the specific lighting technical parameters. The following glossary summarizes explanations of the technical lighting terms utilized in this Study and the related practice standards. The following technical terms are used in this Study.

Brightness: The magnitude of sensation that results from viewing surfaces from which light comes to the eye. This sensation is determined partly by the measurable luminance of the source and partly by the conditions of observation (Context), such as the state of adaptation of the eye. For example, very bright lamps at night appear dim during the day, because the eye adapts to the higher brightness of daylight.

BUG Rating: A luminaire classification system established in IES TM15-11, BUG Ratings Addendum that provides for uniform assessment of the directional characteristics of illumination for exterior area lighting. BUG is an acronym composed of Backlight, Up light, and Glare. BUG ratings are based on a zonal lumen calculation for secondary solid angles defined in IES TM15-11.

Candela: Measure of light energy from a source at a specific standard angle and distance.

Candela (cd) is a convenient measure to evaluate output of light from a lamp or light fixture in terms of both the intensity of light and the direction of travel of the light energy away from the source.

Contrast: Calculated evaluation of high, medium and low contrast of visible light sources or surfaces within the Property by a ratio of luminance. Contrast is the ratio of one surface luminance to a second surface luminance or to the field of view. Contrast exceeding 30 to 1 are usually deemed uncomfortable; 10 to 1 are clearly visible; and less than 3 to 1 appear to be equal.

Electronic Control System: Integrated hardware and software system which provides sign lighting control functionality for time-of-day scheduling, response to ambient light, and direct user control with full range of dimming from 0% to 100% full light output, full color, or all white.

Fully Shielded: A lighting fixture constructed in such a manner that all light emitted by the fixture, either directly from the lamp or a diffusing element, or indirectly by reflection or refraction from any part of the Luminaire, is projected below the horizontal as determined by photometric test or certified by the manufacturer. Any structural part of the light fixture providing this shielding must be permanently affixed. In other words, no light shines above the horizontal from any part of the fixture.

Glare: Glare is visual discomfort experienced from high luminance or high range of luminance. For exterior environments at night, glare occurs when the range of luminance in a visual field is too large. The light energy incident at a point is measured by a scale of footcandles or lux and is described in the technical term Illuminance.

This incident light is not visible to the eye until it is reflected from a surface, such as pavement, wall, dust in the atmosphere or the surface of a light bulb. The visible brightness of a surface is measured in footlamberts (or metric equivalent candelas per square meter) and is described by the term Luminance.

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The human eye processes brightness variations across a very broad spectrum of intensities. The range of brightness generated by direct noon sun versus a moonlight evening is over 5000 to 1. Human eyes are capable of accommodating to this range of intensities given adequate time to adjust. However, the eye cannot process brightness ratios of more than 30 to 1 within a view without discomfort. See IESNA 10th Edition Handbook, Section 4.10.1, Discomfort Glare and Section 10.9.2 Calculating Glare.

For the purpose of this analysis, brightness of light sources may be described subjectively by the following criteria:

High Contrast Conditions: View of light fixture emitting surface, such as a lens, reflector, or lamp, where brightness contrast ratio exceeds 30 to 1 (source Luminance to background Luminance ratio).

Medium Contrast Conditions: Brightly lighted surfaces where contrast ratio exceeds 10 to 1 but is less than 30 to 1 (source Luminance to background Luminance ratio).

Low Contrast Conditions: Illuminated surfaces where contrast ratio is less than 10 to 1 (source Luminance to background Luminance ratio
Illuminance: Illuminance is the means of evaluating the density of Luminous Flux. Illuminance indicates the amount of Luminous Flux from a light source falling on a given area (See Figure 68). Illuminance is measured in footcandles (fc) which is the lumens per square foot, or Lux (lumens per square meter). Illuminance need not necessarily be related to a real surface since it may be measured at any point within a space. Illuminance is determined from the Luminous intensity of the light source. Illuminance of a point source decreases with the square of the distance from the light source (see Inverse Square Law definition).

For the purposes of this analysis, illuminance may be described subjectively by the following criteria:

Figure 68: Diagram of Illuminance

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Horizontal Illuminance: Illuminance incident upon a horizontal plane. The orientation of the illuminance meter or calculation point will be 180° from Nadir.

Vertical Illuminance: Illuminance incident upon a vertical plane. The orientation of the illuminance meter or calculation point will be 90° from Nadir.

Inverse Square Law: In physics, an inverse-square law is any physical law stating that a specified physical quantity or intensity is inversely proportional to the square of the distance from the source of that physical quantity. The fundamental cause for this relationship can be understood as geometric dilution corresponding to point-source radiation into threedimensional space (see Figure 69). The divergence of a vector field which is the resultant of radial inverse-square law fields with respect to one or more sources is everywhere proportional to the strength of the local sources, and hence zero outside sources. Newton's law of universal gravitation follows an inverse-square law, as do the effects of electric, magnetic, light, sound, and radiation phenomena. Thus, Illuminance decreases with the square of the distance from the light source.

Output Direction: Luminaires for general lighting are classified in accordance with the percentages of total luminaire output emitted above and below horizontal. The light distribution curves may take many forms within the limits of upward and downward distribution, depending upon the type of light and the design of the luminaire.

Lighting Array: An installation of multiple light sources or lamps where the distance between each lamp or light source within the Lighting Array is less than 5 feet on center in any direction from any other source.

Light Source: Device which emits light energy from an electric power source.

Light Trespass: Electric light from subject property incident onto nearby properties, measured in footcandles or lux, usually analyzed by measurement at or near the nearby property line.

Figure 69: Inverse square law diagram (hyperphysics.phy-ast.gsu.edu)

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Lighting Zone (LZ): Defined by IESNA and summarized on pages 10 and 11 in the LP-11-20 Environmental Considerations for Outdoor Lighting and adopted by CALGreen.

Lighting Zone LZ3: Outdoor areas of human activity where the vision of human residents and users is adapted to moderately high light levels. Lighting is generally desired for safety, security and/or convenience.

Luminaire: A complete lighting unit consisting of a light source together with the parts designed to distribute the light, to position and protect the light source, and to connect the light source to the power supply. Also referred to as a Light Fixture.

Luminance: Luminance is a measure of emissive or reflected light from a specific surface in a specific direction over a standard area (See Figure 70). Luminance is measured in footlamberts (fL) (1/π Candela per square foot) or cd/m2 (Candela per square meter). 1fL = 3.43 cd/m2
.

Whereas Illuminance indicates the amount of Luminous Flux falling on a given surface, Luminance describes the brightness of an illuminated or luminous surface.

Luminance is defined as the ratio of luminous intensity of a surface (Candela) to the projected area of this surface (m2 or ft2
).

Luminous Flux: Mean value of total Candelas produced by a light source. Luminous Flux describes the total amount of light emitted by a light source. The unit for measuring Luminous Flux is Lumen (lm).

This radiation could basically be measured or expressed in watts. This does not, however, describe the optical effect of a light source adequately, since the varying spectral sensitivity of the eye is not taken into account. To include the spectral sensitivity of the eye the Luminous Flux is measured in lumen. Radiant Flux or 1 W emitted at the peak of the spectral sensitivity (in the photopic range at 555 Figure 70: Diagram of Luminance

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nanometers produces a Luminous Flux of 683 lumen). The unit of lumen does not define direction.

Monitoring Sites: Monitoring Sites are locations selected for observation and field lighting measurements to evaluate the views to the Project Site from nearby sensitive use properties and to determine the extent and intensity of existing light sources within and surrounding the Project Site. The Monitoring Sites are within the public right of way or Project Site, and may be in proximity to sensitive use sites. These locations are representative of the view to the Project from the vicinity of the sensitive sites surrounding the Project Site to the north, south, east and west. Figure 4 below illustrates the Monitoring Site locations.

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APPENDIX A: CONCEPTUAL SIGN PLANS
Digital Display at 1202 3rd Street Promenade
Digital Display at 301 Arizona Avenue

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Digital Display A at 4th Street/Colorado Avenue
- Santa Monica Place
Digital Display B at 4th Street/Broadway
–Santa Monica Place

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Packet Pg. 634 Attachment: Santa Monica Sign Ordinance Study_Final_20251208 (7108 : Digital Display Signage District Ordinance for Third Street Promenade 251030 SM010_Santa Monica Sign Ordinance Study_Final December 8, 2025 page 88

Digital Display C at 2nd Street/Broadway
– Santa Monica Place
Digital Display D at 3rd Street/Broadway

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Packet Pg. 635 Attachment: Santa Monica Sign Ordinance Study_Final_20251208 (7108 : Digital Display Signage District Ordinance for Third Street Promenade 251030 SM010_Santa Monica Sign Ordinance Study_Final December 8, 2025 page 89

Digital Display at 1301 3rd Street

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Packet Pg. 636 Attachment: Santa Monica Sign Ordinance Study_Final_20251208 (7108 : Digital Display Signage District Ordinance for Third Street Promenade 251030 SM010_Santa Monica Sign Ordinance Study_Final December 8, 2025 page 90

APPENDIX B: LIGHT TRESPASS ILLUMINANCE CALCULATION DATA

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Packet Pg. 637 Attachment: Santa Monica Sign Ordinance Study_Final_20251208 (7108 : Digital Display Signage District Ordinance for Third Street Promenade 251030 SM010_Santa Monica Sign Ordinance Study_Final December 8, 2025 page 91

APPENDIX C: IESNA LP-11-20, 4.1 Lighting Zone Definitions

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Packet Pg. 638 Attachment: Santa Monica Sign Ordinance Study_Final_20251208 (7108 : Digital Display Signage District Ordinance for Third Street Promenade 251030 SM010_Santa Monica Sign Ordinance Study_Final December 8, 2025 page 92

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Packet Pg. 639 Attachment: Santa Monica Sign Ordinance Study_Final_20251208 (7108 : Digital Display Signage District Ordinance for Third Street Promenade 251030 SM010_Santa Monica Sign Ordinance Study_Final December 8, 2025 page 93

APPENDIX D: IESNA RP-8-22 Table 4-2

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Packet Pg. 640 Attachment: Santa Monica Sign Ordinance Study_Final_20251208 (7108 : Digital Display Signage District Ordinance for Third Street Promenade