1 City Council Meeting: February 24, 2026 Santa Monica, California ORDINANCE NUMBER _________ (CCS)
(City Council Series)
AN INTERIM ZONING ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA EXTENDING INTERIM ZONING ORDINANCE NUMBER 2837 AND AMENDING SANTA MONICA MUNICIPAL CODE SECTION 9.31.200, OUTDOOR
DINING AND SEATING ON SIDEWALKS, TO PROMOTE ECONOMIC RECOVERY BY SIMPLIFYING THE CITY’S OUTDOOR DINING PROGRAM
WHEREAS, outdoor dining and seating have long been fixtures in Santa Monica’s commercial districts; and
WHEREAS, sidewalk dining repurposes the sidewalk abutting a dining establishment into an extension of the business where food may be served; and WHEREAS, sidewalk dining activates sidewalks, promotes restaurants, and generates foot traffic that benefits nearby businesses; and WHEREAS, on March 13, 2020, the City Manager, as the Director of Emergency Services (“Director of Emergency Services”), proclaimed the existence of a local emergency pursuant to Chapter 2.16 of the Santa Monica Municipal Code to ensure the availability of mutual aid and effectuate the City’s response to the novel coronavirus (“COVID-19”), and this local emergency was restated on March 14, 2020, through a revised declaration of local emergency to ensure compliance with all digital signature requirements (the “Executive Order”)’ and
WHEREAS, on March 16, 2020, the Director of Emergency Services issued a Third Supplement to the Executive Order, requiring the closure of a wide range of businesses including bars, nightclubs, on-premises restaurant service, movie theatres, live 2 performance venues, gyms, fitness centers, spas, hair salons, massage parlors, and nail salons; and
WHEREAS, on March 19, 2020, California Governor Gavin Newsom issued Executive Order N-33-20 directing all residents of the State of California to heed directives issued by the State Health Officer on the same date instructing all Californians to stay home except as needed to maintain continuity of operations of the federal critical infrastructure sectors; and
WHEREAS, on March 19, 2020, the Los Angeles County Department of Public Health issued an enhanced Health Officer Order, the Safer at Home Order for Control of COVID-19, amending and superseding its earlier March 16, 2020 Order, closing all nonessential businesses, and limiting gatherings to 9 people or less; and WHERAS, after March 19, 2020, the Los Angeles Department of Public Health, on multiple occasions, amended and modified its Health Officer Order, recognizing the issues posed by community transmission of COVID-19 in Los Angeles County, and, in response, maintaining public health measures that have, at differing times, included strict limitations on public gatherings, required closures of certain businesses, and strict limitations and protocols for the operations of businesses permitted to remain open; and WHEREAS, as of March 31, 2023, the local, state, and federal COVID-19 emergency declarations have concluded; and
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 3 Angeles, and threatening life and safety, public and private property and structures, and other critical infrastructure; and
WHEREAS, based upon these events, by reason of their 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 beyond the control of the normal services, personnel, equipment, and facilities of the regularly constituted branches and departments of the City Government, and such emergency conditions required 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 WHEREAS, on January 7, 2025, the Governor of the State of California declared a state of emergency to make additional resources available; 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, 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 4 Existence of a Local Emergency (“Palisades Fire 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 Emergency 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) permitted bed and breakfasts and hotels and motels to allow stays beyond 30 days; and WHEREAS, since January 8, 2025, the City has issued Seven Supplements to that Palisades Fire Executive Order; and
WHEREAS, these Supplements have included, but are not limited to, provisions that: 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) waive or reduce license fees for outdoor dining areas, sidewalk dining, parklets, 5 and pier deck extended dining; and 3) 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; and
WHEREAS, although the immediate COVID-19 and fire dangers have subsided, local businesses have reported that they are still experiencing economic impacts from these incidents and continue to face resulting economic uncertainty; and WHEREAS, as the commercial and economic landscape evolves, the City’s economic recovery and competitive advantage will depend on its ability to deliver on a diverse range of unique dining, retail, and entertainment uses; and WHEREAS, as restaurant and entertainment environments across the region and county continue to evolve, there is a need to adjust allowed uses and dining and entertainment options to enable economic recovery and provide increased flexibility to minimize vacancies throughout the City; and
WHEREAS, the City has an important governmental interest in maintaining a thriving business community and protecting the health, safety, and economic welfare of its citizens and businesses; and
WHEREAS, vacancy rates, in addition to economic impacts, threaten the health, safety, and economic welfare of the City’s citizens and businesses; and 6 WHEREAS, in connection with the City’s economic recovery efforts and to support flexibility for new and existing businesses, on November 18, 2025, City Council adopted Interim Zoning Ordinance (“IZO”) Number 2837; and
WHEREAS, IZO Number 2837 includes proposed amendments to Santa Monica Municipal Code Section 9.31.200 (“Section 9.31.200”) to remove duplicative design standards and consolidate them into the Sidewalk Design Guidelines in order to promote economic recovery by simplifying the City’s Outdoor Dining Program; and WHEREAS, this IZO removes certain design-related standards, specifically Section 9.31.200, subsections F (barriers), G (fixtures), and H (fixtures), in favor of the existing Sidewalk Design Guidelines already authorized by the same Code section; and WHEREAS, removal of these design guidelines from the Section 9.31.200 avoids potential conflicts between the Municipal Code and the Sidewalk Design Guidelines, will not result in substantial changes to the design of sidewalk dining, consolidates the standards in one place, and allows for minor modifications going forward to provide flexibility for businesses considering sidewalk dining opportunities; and WHEREAS, the City has an important government interest in maintaining a thriving business community and protecting the health, safety, and economic welfare of its citizens and businesses; and
WHEREAS, allowing businesses to utilize outdoor space has shown to be important for business retention; and
7 WHEREAS, the City has a significant public interest in maintaining flexibility for business while ensuring these outdoor spaces do not negatively impact the City’s property or other surrounding locations; and
WHEREAS, the IZO amendments amending standards and requirements for outdoor dining supports local business retention and promotes new business opportunities citywide, addressing needs of the business community and residents; and WHEREAS, on January 21, 2026, the Planning Commissioner adopted Resolution of Recommendation Number 26-001 (PCS), which recommended that the City Council:
(1) Permanently Adopt Economic Recovery Interim Zoning Ordinance 2825 (CCS); and (2) Amend the Text of Article 9 of the Santa Monica Municipal Code to Promote Economic Recovery and Increase Land Use Flexibility in the City’s Downtown and Citywide areas by Streamlining, Simplifying, and Modifying Land Uses and Limitations, Updating Standards for Specific Uses and Activities, Including, But Not Limited to, Alcohol Permits and Review, Modifying Definitions, Adding Flexibility for Certain Non-Conforming Uses, Adjusting Standards Regarding the Applicability of Resource Recovery and Recycling Requirements and Trash Enclosure Dimensional Standards, and Making Other Minor Changes, Corrections, Clarifications, and Clerical Amendments; and WHEREAS, included in Resolution of Recommendation Number 26-001 are proposed amendments to Santa Monica Municipal Code Section 9.31.200, Outdoor Dining on Sidewalks, to promote economic recovery by simplifying the City’s Outdoor Dining Program proposed in IZO Number 2837; and;
WHEREAS, the proposed amendments are currently set to be presented to City Council on or about February 24, 2026; and
8 WHEREAS, to ensure consistency of application of the requirements for Outdoor Dining on Sidewalks, City Council now desires to extend IZO Number 2837 as the proposed Zoning Ordinance amendments move through the City’s codification process; and
WHEREAS, the City Council finds and declares that a current and immediate threat to the public health, safety, and general welfare exists due to the devastating impact that the COVID-19-mandated closures and the Palisades Fire Emergency have had on the City’s restaurants and dining establishments, such that compliance with the current potentially conflicting standards in Section 9.31.200 would result in a threat to public health, safety, and welfare.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SANTA MONICA DOES HEREBY ORDAIN AS FOLLOWS:
SECTION 1. Santa Monica Municipal Code Section 9.31.200 is hereby amended to read as follows:
§ 9.31.200. Outdoor Dining and Seating on Sidewalks.
Outdoor dining and seating on sidewalks shall be designed, located, and operated consistent with the following standards:
A. Purpose. The purpose of this Section is to permit outdoor dining and seating that enhances the pedestrian ambiance of the City while not adversely impacting adjacent properties or surrounding neighborhoods consistent with the goals, objectives, and policies of the General Plan.
9 B. Applicability. The provisions of this Section shall apply to all new outdoor dining and seating areas on public rights-of-way, such as sidewalks, and to all existing outdoor dining and seating areas that are expanded.
C. Procedure. The establishment of an outdoor dining and seating area requires Zoning Conformance Review, pursuant to the procedures of Chapter 9.38, Zoning Conformance Review, to ensure consistency with all of the standards of this Section unless such review has been conducted in conjunction with discretionary review of the associated commercial use and issuance of a Sidewalk Dining Permit.
D. Accessory Use. Permanent outdoor dining and seating shall be conducted as an accessory use to a legally established eating and drinking establishment located on the public right-of-way immediately adjacent to the tenant space.
E. License Agreement. A license agreement for outdoor dining and seating on the public right-of-way shall be approved in a form required by the City.
F. Compliance with Design Guidelines. Outdoor dining and seating shall comply with all applicable adopted design standards and guidelines, including, but not limited to:
1. The Citywide Sidewalk Dining Guidelines;
2. The Sidewalk Dining Standards for the Third Street Promenade; and
3. The Sidewalk Dining Standards for Ocean Avenue.
The Planning Director or designee may promulgate guidelines, which may include, but are not limited to, eligible uses and sites, outdoor dining configuration, design standards, and operational standards to implement the provisions of this Chapter.
No person shall fail to comply with any such regulation. 10 G. Refuse Storage Area. No structure or enclosure to accommodate the storage of trash or garbage shall be erected or placed on, adjacent to, or separate from, the sidewalk café on the public sidewalk or public right-of-way. Sidewalk dining and seating areas shall remain clear of litter at all times.
H. Hours of Operation. The hours of operation of the outdoor dining and seating shall be limited to the hours of operation of the associated restaurant, other eating and drinking establishment, or commercial use.
I. Parking. Parking shall not be required for outdoor dining and seating on sidewalks permitted pursuant to this Section.
SECTION 2. Any provision of the Santa Monica Municipal Code or appendices thereto inconsistent with the provisions of this Ordinance, to the extent of such inconsistencies and no further, is hereby repealed or modified to that extent necessary to effect the provisions of this Ordinance.
SECTION 3. If any section, subsection, sentence, clause, or phrase of this Ordinance is for any reason held to be invalid or unconstitutional by a decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this Ordinance. The City Council hereby declares that it would have passed this Ordinance and each and every section, subsection, sentence, clause, or phrase not declared invalid or unconstitutional without regard to whether any portion of the ordinance would be subsequently declared invalid or unconstitutional. 11 SECTION 4. The Mayor shall sign and the City Clerk shall attest to the passage of this Ordinance. The City Clerk shall cause the same to be published once in the official newspaper within 15 days after its adoption.
SECTION 5. This Ordinance is effective as of February 16, 2026 and shall be of no further force and effect 180 days from its effective date, unless it is otherwise extended pursuant to Santa Monica Municipal Code Section 9.46.090(C).
APPROVED AS TO FORM:
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HEIDI VON TONGLEN
Interim City Attorney