Santa Monica City Council
April 14, 2026

• 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

4.E.d
Packet Pg. 429 Attachment: Levine Act Disclosure Form 2025_3-27-25 - Clariti (7628 : Award Maintenance Agreement to Clariti for 3 Additional Years of

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. 430 Attachment: Levine Act Disclosure Form 2025_3-27-25 - Clariti (7628 : Award Maintenance Agreement to Clariti for 3 Additional Years of City Council
Report
City Council Meeting: April 14, 2026
Agenda Item: 4.F
1 of 1
To: Mayor and City Council
From: Heidi Von Tongeln, City Attorney, City Attorney's Office, Administration Subject: Second Reading and Adoption of an Ordinance Amending Santa Monica Municipal Code (SMMC) Chapter 6.44, to Establish Entertainment Zones in the Downtown Core, on Portions of the Santa Monica Pier, and Along Portions of Main Street and Montana Avenues
Recommended Action
Staff recommends that the City Council adopt the attached Ordinance.

Executive Summary
At its meeting on March 24, 2026, the City Council introduced for first reading an Ordinance amending Santa Monica Municipal Code (SMMC) Chapter 6.44, to establish Entertainment Zones in the Downtown Core, on portions of the Santa Monica Pier, and along portions of Main Street and Montana Avenues. The ordinance is now presented to the City Council for adoption.

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

A. Amended Entertainment Zone Ordinance 2d

4.F
Packet Pg. 431
1 City Council Meeting: April 14, 2026 Santa Monica, California ORDINANCE NUMBER _________ (CCS)
(City Council Series)

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
SANTA MONICA AMENDING SECTION 6.44.030 OF CHAPTER 6.44 OF THE SANTA

MONICA MUNICIPAL CODE TO AUTHORIZE ENTERTAINMENT ZONES IN THE

DOWNTOWN CORE, ON PORTIONS OF THE SANTA MONICA PIER, AND

ALONGSIDE PORTIONS OF MAIN STREET AND MONTANA AVENUE
WHEREAS, the economic downturn starting with the COVID-19 pandemic, exacerbated by the recent Southern California wildfires, and continuing economic challenges nationwide, have had a devastating impact on Santa Monica’s restaurants, bars, and entertainment venues; and
WHEREAS, finding new ways to attract residents, workers, and visitors to our downtown and neighborhood commercial corridors will be critical to the continued recovery of the City’s nightlife sector and economy; and WHEREAS, across the country, numerous states, including Michigan, Ohio, North Carolina, and Kansas, have found success enlivening communities through the designation of areas where businesses may sell alcoholic beverages for consumption within public spaces adjacent to their licensed premises; and WHEREAS, in 2025, the State of California adopted Senate Bill 969, which authorizes cities and counties to create by ordinance Entertainment Zones to enable restaurants and bars to sell open containers of approved alcoholic beverages for consumption within Entertainment Zones; and

4.F.a
Packet Pg. 432 Attachment: Amended Entertainment Zone Ordinance 2d (7639 : Entertainment Zone Expansion - Second Reading) 2 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, the continued impact of the pandemic, along with the impacts of the recent California wildfires, have resulted in businesses, and particularly restaurants and entertainment venues, suffering significant economic hardships; and WHEREAS, allowing people to buy open container drinks from local bars, restaurants, wineries, and breweries and enjoy them outside in designated public spaces during certain hours for the purpose of creating active, commercial corridors, will stimulate economic recovery; and
WHEREAS, on May 13, 2025, the City Council adopted Ordinance No. 2811 (CCS) (“Ordinance No. 2811”), which added Chapter 6.44, governing “Entertainment Zones” in the City, to the Santa Monica Municipal Code; and
WHEREAS, Ordinance No. 2811 was the first Entertainment Zone Ordinance in Southern California; and
WHEREAS, Section 6.44.030(a) of the Santa Monica Municipal Code provided for an initial entertainment zone on the Third Street Promenade; and WHEREAS, the Third Street Promenade Entertainment Zone has received praise from participating restaurants for attracting additional customers to the Promenade; and WHEREAS, data reflects an increase in attendance at existing and new events in the Third Street Promenade Entertainment Zone; and

4.F.a
Packet Pg. 433 Attachment: Amended Entertainment Zone Ordinance 2d (7639 : Entertainment Zone Expansion - Second Reading) 3 WHEREAS, on January 22, 2026, Downtown Santa Monica, Inc. voted to support expanding the downtown entertainment zone to provide greater flexibility for event activations; and
WHEREAS, the City Council intends to establish an entertainment zone in Downtown Santa Monica which will be limited in the associated Management Plan to event-only activations until further direction from the City Council; and WHEREAS, the Santa Monica Pier is designated as a Public Pier pursuant to California Code of Regulations title 14, section 1.88, which describes Public Piers as, among other things, having the characteristics of unrestricted free access for the general public; and
WHEREAS, the City Council desires to establish a Pier Entertainment Zone to include the western Observation Deck and the Pier Parking Deck that is limited in the associated Management Plan to event-only activations until further direction from the City Council; and
WHEREAS, the Main Street and Montana Avenue Business Improvement Districts have expressed an interest in establishing event-based Entertainment Zones; and WHEREAS, the City Council desires to establish entertainment zones on Main Street and Montana Avenue that are limited in the associated Management Plans to event-only activations until further direction from the City Council; and WHEREAS, the City Council desires that the entertainment zones established by this ordinance be limited to event-only activations at this time to continue gathering data concerning operational requirements, including safety and controlling access; and

4.F.a
Packet Pg. 434 Attachment: Amended Entertainment Zone Ordinance 2d (7639 : Entertainment Zone Expansion - Second Reading) 4 WHEREAS, the Santa Monica Police Department was consulted with on the proposed entertainment zone expansions and provided feedback as detailed in the accompanying staff report; and
WHEREAS, on March 24, 2026, the City Council conducted a duly noticed public hearing, and, after considering all oral and written testimony, and certain corrections read into the record by the City Attorney, the City Council desires to amend Section 6.44.030 to authorize additional entertainment zones pursuant to Sections 23039.5 and 25690 of the California Business and Professions Code, subject to state and local regulatory approvals and activation in the Management Plans associated with each Entertainment Zone, in Downtown Santa Monica, in the Santa Monica Pier, Montana Avenue, and Main Street, as described below.

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

SECTION 1. Santa Monica Municipal Code Section 6.44.030 is hereby amended to read as follows:

6.44.030 Entertainment Zones
(a) Third Street Promenade Entertainment Zone
(1) All public streets, sidewalks, and public rights-of-way on Third Street between Wilshire Boulevard and Broadway are hereby designated as the Third Street Promenade Entertainment Zone under Sections 23039.5 and 25690 of the California Business and Professions Code.
(2) Outdoor consumption of alcoholic beverages within the Third Street Promenade Entertainment Zone is authorized seven days a week between the hours of

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Packet Pg. 435 Attachment: Amended Entertainment Zone Ordinance 2d (7639 : Entertainment Zone Expansion - Second Reading) 5 8:00 a.m. and 2:00 a.m., subject to any additional limitations imposed by any ABC permit or license and by the Management Plan for the Third Street Promenade Entertainment Zone. The City may temporarily limit the hours of operation of the Third Street Promenade Entertainment Zone if it deems it necessary to address specific public health and safety concerns.
(3) Off-site sale of open alcoholic containers by a participating holder of an ABC license or permit may consist of beer, wine, and/or distilled spirits subject to the conditions and limitations imposed on the establishment by their local entitlements or ABC privileges, and any additional limitations imposed by the Management Plan for the Third Street Promenade Entertainment Zone.
(b) Downtown Entertainment Zone
(1) With the exception of the areas contained within the Third Street Promenade Entertainment Zone, which are subject to subsection (a) and the Management Plan for the Third Street Promenade Entertainment Zone, all other public streets, sidewalks, and public rights-of-way from Ocean Avenue to 4th Street and from Wilshire Boulevard to Pico Boulevard, as further outlined in the map attached hereto as Attachment A, are hereby designated as the Downtown Entertainment Zone under Sections 23039.5 and 25690 of the California Business and Professions Code. The map of the Downtown Entertainment Zone shall be retained on file with the Office of the City Clerk.
(2) Outdoor consumption of alcoholic beverages within the Downtown Entertainment Zone is authorized seven days a week between the hours of 8:00 a.m. and 2:00 a.m., subject to any additional limitations imposed by any ABC permit or license and

4.F.a
Packet Pg. 436 Attachment: Amended Entertainment Zone Ordinance 2d (7639 : Entertainment Zone Expansion - Second Reading) 6 by the Management Plan for the Downtown Entertainment Zone. The City may temporarily limit the hours of operation of the Downtown Entertainment Zone if it deems it necessary to address specific public health and safety concerns. (3) Off-site sale of open alcoholic containers by a participating holder of an ABC license or permit may consist of beer, wine, and/or distilled spirits subject to the conditions and limitations imposed on the establishment by their local entitlements or ABC privileges, and any additional limitations imposed by the Management Plan for the Downtown Entertainment Zone.
(c) Pier Entertainment Zone
(1) As the Santa Monica Municipal Pier is a designated Public Pier pursuant to California Code of Regulations title 14, section 1.88, certain public streets, sidewalks, and public rights-of-way on and around the Santa Monica Municipal Pier, including the Western Observation Deck and the Pier Parking Deck, as more fully described in the map attached hereto as Attachment B, are hereby designated as the Pier Entertainment Zone under Sections 23039.5 and 25690 of the California Business and Professions Code. The map of the Pier Entertainment Zone shall be retained on file with the Office of the City Clerk.
(2) Outdoor consumption of alcoholic beverages within the Pier Entertainment Zone is authorized seven days a week between the hours of 8:00 a.m. and 2:00 a.m., subject to any additional limitations imposed by any ABC permit or license and by the Management Plan for the Pier Entertainment Zone. The City may temporarily limit the hours of operation of the Pier Entertainment Zone if it deems it necessary to address specific public health and safety concerns.

4.F.a
Packet Pg. 437 Attachment: Amended Entertainment Zone Ordinance 2d (7639 : Entertainment Zone Expansion - Second Reading) 7 (3) Off-site sale of open alcoholic containers by a participating holder of an ABC license or permit may consist of beer, wine, and/or distilled spirits subject to the conditions and limitations imposed on the establishment by their local entitlements or ABC privileges, and any additional limitations imposed by the Management Plan for the Pier Entertainment Zone.
(d) Montana Avenue Entertainment Zone
(1) All public streets, sidewalks, and public rights-of-way on Montana Avenue between 6th Street and 17th Street are hereby designated as the Montana Avenue Entertainment Zone under Sections 23039.5 and 25690 of the California Business and Professions Code.
(2) Outdoor consumption of alcoholic beverages within the Montana Avenue Entertainment Zone is authorized seven days a week between the hours of 8:00 a.m. and 2:00 a.m., subject to any additional limitations imposed by any ABC permit or license and by the Management Plan for the Montana Avenue Entertainment Zone. The City may temporarily limit the hours of operation of the Montana Avenue Entertainment Zone if it deems it necessary to address specific public health and safety concerns. (3) Off-site sale of open alcoholic containers by a participating holder of an ABC license or permit may consist of beer, wine, and/or distilled spirits subject to the conditions and limitations imposed on the establishment by their local entitlements or ABC privileges, and any additional limitations imposed by the Management Plan for the Montana Avenue Entertainment Zone.
(e) Main Street Entertainment Zone

4.F.a
Packet Pg. 438 Attachment: Amended Entertainment Zone Ordinance 2d (7639 : Entertainment Zone Expansion - Second Reading) 8 (1) All public streets, sidewalks, and public rights-of-way on Main Street between Pico Boulevard and the City Limits at Dewey Street, including portions of side streets west of Main Street to Neilson Way: Bay Street, Bicknell Avenue, Pacific Street, Hill Street, Kinney Street, and Ashland Avenue are hereby designated as the Main Street Entertainment Zone under Sections 23039.5 and 25690 of the California Business and Professions Code.
(2) Outdoor consumption of alcoholic beverages within the Main Street Entertainment Zone is authorized seven days a week between the hours of 8:00 a.m. and 2:00 a.m., subject to any additional limitations imposed by any ABC permit or license and by the Management Plan for the Main Street Entertainment Zone. The City may temporarily limit the hours of operation of the Main Street Entertainment Zone if it deems it necessary to address specific public health and safety concerns. (3) Off-site sale of open alcoholic containers by a participating holder of an ABC license or permit may consist of beer, wine, and/or distilled spirits subject to the conditions and limitations imposed on the establishment by their local entitlements or ABC privileges, and any additional limitations imposed by the Management Plan for the Main Street Entertainment Zone.

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

4.F.a
Packet Pg. 439 Attachment: Amended Entertainment Zone Ordinance 2d (7639 : Entertainment Zone Expansion - Second Reading) 9 court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this Ordinance. The City Council hereby declares that it would have passed this Ordinance and each and every section, subsection, sentence, clause, or phrase not declared invalid or unconstitutional without regard to whether any portion of the ordinance would be subsequently declared invalid or unconstitutional.

SECTION 4. The Mayor shall sign and the City Clerk shall attest to the passage of this Ordinance. The City Clerk shall cause the same to be published once in the official newspaper within 15 days after its adoption. This Ordinance shall become effective thirty days after its adoption.

APPROVED AS TO FORM:
_________________________

HEIDI VON TONGELN
City Attorney

4.F.a
Packet Pg. 440 Attachment: Amended Entertainment Zone Ordinance 2d (7639 : Entertainment Zone Expansion - Second Reading) 10 ATTACHMENT A - Map of Downtown Entertainment Zone Area

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Packet Pg. 441 Attachment: Amended Entertainment Zone Ordinance 2d (7639 : Entertainment Zone Expansion - Second Reading) 11 ATTACHMENT B - Map of Pier Entertainment Zone Areas

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Packet Pg. 442 Attachment: Amended Entertainment Zone Ordinance 2d (7639 : Entertainment Zone Expansion - Second Reading) City Council
Report
City Council Meeting: April 14, 2026
Agenda Item: 4.G
1 of 1
To: Mayor and City Council
From: Heidi Von Tongeln, City Attorney, City Attorney's Office, Administration Subject: Second Reading and Adoption of an Ordinance Amending SMMC Chapter

9.53, Transportation Demand Management, to Modify Mandatory Average Vehicle Ridership Survey Requirements by Modernizing Employer Survey Requirements Through a Self-Attestation Model
Recommended Action
Staff recommends that the City Council adopt the attached Ordinance.

Executive Summary
At its meeting on March 24, 2026, the City Council introduced for first reading an Ordinance amending SMMC Chapter 9.53, Transportation Demand Management, to modify mandatory Average Vehicle Ridership Survey requirements by modernizing employer survey requirements through a self-attestation model. The ordinance is now presented to the City Council for adoption.

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

A. TDM Ordinance Update 2d

4.G
Packet Pg. 443
1 City Council Meeting: April 14, 2026 Santa Monica, California ORDINANCE NUMBER _________ (CCS)
(City Council Series)

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA AMENDING SANTA MONICA MUNICIPAL CHAPTER 9.53 TRANSPORTATION

DEMAND MANAGEMENT TO MODIFY MANDATORY AVERAGE VEHICLE

RIDERSHIP SURVEY REQUIREMENTS
WHEREAS, vehicle transportation is the greatest contributor to Santa Monica’s carbon emissions (accounting for 60 percent of emissions in 2023), and between 2019 and 2020, emissions plummeted, largely due to restricted mobility and economic activity resulting from the COVID-19 pandemic; and
WHEREAS, to reduce regulatory burdens on businesses and promote business friendliness consistent with direction provided by Council in adopting the Realignment Plan in October 2025, staff recommends Transportation Demand Management (TDM) ordinance amendments to modify the submission frequency of the Average Vehicle Ridership (AVR) Survey component for regulated employers with 30-249 employees, changing it from an annual requirement to an optional annual submission as part of their annual Emission Reduction Plans.

WHEREAS, the Department of Transportation’s Mobility Division regulates employers per a Memorandum of Understanding (MOU) with the South Coast Air Quality Management District (AQMD), the regional air pollution control agency with jurisdiction over Santa Monica and the greater Los Angeles area;
WHEREAS, per the MOU with AQMD, the City is required to align with AQMD’s rules and regulations; and the deletion of mandatory average vehicle ridership requirements for employers with an employee headcount less than 250 allows the City’s

4.G.a
Packet Pg. 444 Attachment: TDM Ordinance Update 2d (7641 : TDM Ordinance - Second Reading) 2 Transportation Demand Ordinance to remain aligned with AQMD’s rules and regulations, including Rule 2202.

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

SECTION 1. Chapter 9.53 of the Santa Monica Municipal Code is hereby amended as follows:

9.53.010 Purpose
The purpose and objective of this Chapter is to implement the goals and policies of the City’s General Plan by proactively managing congestion, reducing automobile dependence, and enhancing transportation choices by requiring trip reduction plans for all types of trips—work, shopping, leisure, school, and appointments—that will:

A. Ensure City compliance with the applicable requirements of the South Coast Air Quality Management District (SCAQMD) Rule 2202 and implement air quality control measures required of local governments by the District’s 1991 Air Quality Management Plan and subsequent updates and the Los Angeles County Metropolitan Transportation Authority’s (LACMTA) Congestion Management Program (CMP);
B. Accommodate land use changes allowed under the General Plan’s Land Use and Circulation Element (“LUCE”) while reducing peak-hour automobile trips from new and existing destinations to achieve the LUCE’s goal of no net increase in PM peak hour vehicle trips by 2030;
C. Improve the mobility and general efficiency of circulation and transportation systems by increasing reliance on non-single-occupant vehicle (SOV) travel

4.G.a
Packet Pg. 445 Attachment: TDM Ordinance Update 2d (7641 : TDM Ordinance - Second Reading) 3 such as public transit, ridesharing, active transportation, carsharing, and focusing development in areas close to transit and employment; D. Reduce traffic impacts within the community and region, vehicular air pollutant emissions, energy usage, and ambient noise levels through a reduction in the number of per capita vehicle miles traveled (VMT) and management of traffic congestion;
E. Minimize the percentage of Employees traveling in SOVs to and from work, especially during peak-hour periods;
F. Promote and increase work-related transit use, ridesharing, walking, and bicycling to minimize parking needs, manage congestion, and protect the quality of life in Santa Monica’s neighborhoods and districts; G. Improve the quality and level of access for residents, Employees, customers, and visitors by improving transportation choices and managing congestion; H. Decrease the City’s need for additional parking facility construction; I. Coordinate transportation system management, transportation demand management (TDM), and transportation facility development strategies Citywide; and
J. Coordinate transportation system management, transportation demand management, and transportation facility development strategies with other cities and counties in the region and through regional agencies. (Added by Ord.

No. 2486CCS §§ 1, 2, adopted June 23, 2015; amended by Ord. No. 2646CCS § 4, adopted September 8, 2020)

4.G.a
Packet Pg. 446 Attachment: TDM Ordinance Update 2d (7641 : TDM Ordinance - Second Reading) 4 9.53.020 Definitions
The following words and phrases shall have the following meanings when used in this Chapter. Words and phrases not specifically defined below shall be aligned with the meanings identified in SCAQMD’s Rule 2202.

Audit. A selective inspection by the City of an Employer or Developer’s activities related to the fulfillment of ongoing implementation and monitoring of an approved Emission Reduction Plan or Developer TDM Plan.

Average Vehicle Ridership (AVR). The total number of Employees who report to or leave work during the Peak Windows divided by the number of vehicles driven by these Employees over that 5-day survey period. The AVR calculation requires that the 5-day period must represent the 5 days during which the majority of Employees are scheduled to arrive at the Worksite. The hours and days chosen must be consecutive. The 5-day survey period cannot contain a holiday and shall represent typical operations so that a projection of the average vehicle ridership during the year is obtained.

An example of morning AVR using the survey week for an Employer with 300 Employees all reporting to work weekdays between 6:00 a.m. and 10:00 a.m. is:

EMPLOYEES REPORTING TO/

DEPARTING WORK

NUMBER OF VEHICLES DRIVEN

TO THE WORKSITE BY THESE

EMPLOYEES
MONDAY 300 200
TUESDAY 300 190
WEDNESDAY 300 210
THURSDAY 300 200
FRIDAY 300 200
TOTAL 1,500 1,000

4.G.a
Packet Pg. 447 Attachment: TDM Ordinance Update 2d (7641 : TDM Ordinance - Second Reading) 5 In this example, AVR is arrived at by dividing the number of Employees reporting to work between 6:00 a.m. and 10:00 a.m. during the survey week (1,500) by the number of vehicles driven to the Worksite between the same hours during the week (1,000):
1,500/1,000 = 1.5 AVR
A similar calculation is required for obtaining the afternoon Peak Window AVR for commute trips to and from the Worksite between 3:00 p.m. and 7:00 p.m.

AVR Target. The AVR established by this Chapter that an Employer Emission Reduction Plan (ERP) or Developer Transportation Demand Management (TDM) plan is expected to achieve for a particular Worksite or project.

AVR Verification Method. A method approved by the City for determining an Employer’s current AVR, or approved by the City or SCAQMD for Employers of 250 Employees or more.

AVR Window. The period of time comprised of both hours and days used to calculate AVR (i.e., 6:00 a.m. to 10:00 a.m. and 3:00 p.m. to 7:00 p.m.).

Business Type/Classification. The activity type that classifies the primary nature of work conducted by the Employer located at the Worksite.

Carpool. A motor vehicle occupied by 2 to 6 persons traveling together to and from the Worksite for the majority (at least 51%) of the total commute. For-hire vehicles must include 2 or more passengers (in addition to any driver) to be classified as a carpool.

Commute Trip. The means of transportation used for the greatest distance of an Employee’s commute to or from work during the Peak Window. Each vehicle commute trip to the Worksite shall be calculated as follows:

Single-occupant vehicle = 1
Carpool = 1 divided by the number of people in the carpool

4.G.a
Packet Pg. 448 Attachment: TDM Ordinance Update 2d (7641 : TDM Ordinance - Second Reading) 6 Vanpool = 1 divided by the number of people in the van Motorcycle, moped, motorized scooter, motorbike = 1 divided by the number of people on the vehicle
Zero Emission Vehicle= 0*
(*Zero Emission Vehicle = 1 for Developer TDM Plans. See Section 9.53.140) Public transit = 0
Bicycle = 0
Walking and other nonmotorized transportation modes = 0 Non-commuting = 0
Compressed Work Week. This applies to Employee(s) who, as an alternative to completing the basic work requirements in five 8-hour workdays in one week, are scheduled in a manner which reduces vehicle trips to the Worksite. The recognized compressed work week schedules for purposes of this Chapter are 36 hours in 3 days (3/36), 40 hours in 4 days (4/40), or 80 hours in 9 days (9/80).

Consultant Employee Transportation Coordinator (ETC). A person that meets the requirements of and that serves as an ETC at a Worksite for an Employer other than the consultant ETC’s Employer.

Developer. Any person or entity that is responsible for development of a project that will result in the new construction of 7,500 square feet of nonresidential floor area or more, 16 residential units or more, or mixed-use projects of 16 residential units or more with any associated nonresidential components. The person or entity responsible for development of a project shall be the Developer and property owner. Upon transfer of title from a property owner to a Developer, the term “Developer” shall mean the property owner.

Developer TDM Plan. A trip reduction plan intended to result in a Developer achieving the applicable AVR targets specified in this Chapter.

Director of Transportation. The Director of Transportation of the City of Santa Monica or designee.

4.G.a
Packet Pg. 449 Attachment: TDM Ordinance Update 2d (7641 : TDM Ordinance - Second Reading) 7 Disabled Employee. An individual with a physical impairment which prevents the individual from traveling to and from the Worksite by means other than a single-occupant vehicle.

Emission Reduction Plan (ERP). A plan intended to reduce emissions related to Employee commutes and to meet a worksite specific emission reduction target for the subsequent year.

Emission Reduction Target (ERT). The annual VOC, NOx and CO emissions required to be reduced based on the number of Employees per Worksite and the Employee Emission Reduction Factors as specified in SCAQMD Rule 2202-On-Road Motor Vehicle Mitigation Options Implementation Guidelines.

Employee. Any person employed full or part-time by a person(s), firm, business, educational institution, nonprofit agency or corporation, government agency or other entity. This term excludes the following: temporary Employees, Field Construction Workers, Independent Contractors, Volunteers, seasonal Employees and Field Personnel.

Employee Transportation Coordinator (ETC). The designated person, with appropriate training as required by the City, who is responsible for the development, administration, implementation, and monitoring of the Emission Reduction Plan. The ETC must be active during normal business hours when the majority of Employees are at the Worksite, either in person or teleworking. Employers of 250 Employees or more must attend an SCAQMD ETC certification course. Employee Transportation Coordinators shall participate in Citysponsored workshops and roundtables.

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Packet Pg. 450 Attachment: TDM Ordinance Update 2d (7641 : TDM Ordinance - Second Reading) 8 Employee Trip Reduction Plan (ETRP). A plan for implementation of strategies that are designed to reduce Employee vehicle commute trips during the AVR Window.

Employer. Any person(s), firm, business, educational institution, nonprofit agency, or corporation, government agency, or other entity that employes 30 or more Employees and has a permanent place of business in the City of Santa Monica.

Field Construction Worker. An Employee who reports directly to work at a construction site outside the City of Santa Monica for the entire day, an average of at least 6 months out of the year.

Field Personnel. An Employee who spends 20% or less of their work time, per week, at the Worksite and who does not report to the Worksite during Peak Windows for pick up and dispatch of an Employer provided vehicle.

Holiday. Those days designated as national or State holidays, in which the Worksite is closed in observance of the holiday. An AVR survey shall not be undertaken in any week where the following holidays occur:

New Year’s Day January 1
Martin Luther King Jr. Birthday January (Third Monday)
Presidents’ Day February (Third Monday)
Cesar Chavez Day March 31
Bike to Work Day May (Third Thursday or Friday)
Memorial Day May (Last Monday)
Juneteenth June 19
Independence Day July 4
Labor Day September (First Monday)
Indigenous Peoples’ Day October (Second Monday)
California Rideshare Week October (First Week)
Veteran’s Day November 11
Thanksgiving Day November (Fourth Thursday plus the
Friday after)
Christmas Eve December 24
Christmas Day December 25

4.G.a
Packet Pg. 451 Attachment: TDM Ordinance Update 2d (7641 : TDM Ordinance - Second Reading) 9 The days these holidays are observed may vary from year to year; therefore, it shall be the responsibility of the Employer to obtain these specific holiday dates to ensure exclusion of these weeks from their AVR survey week. Additionally, the Employer may not survey on any week in which a religious or other holiday not listed above is observed by the Employer, resulting in closing the place of employment for one day or more in observance of said holiday.

Independent Contractor. A person who enters into a direct written contract or agreement with an Employer to perform certain services and is not on the Employer’s payroll. An Independent Contractor providing services to an Employer for a consecutive period of more than 6 months shall count as an Employee of the Employer and shall be counted in the AVR. The Independent Contractor shall also be considered an Employee when figuring the Employer annual transportation fee.

Low-Income Employee. An individual whose salary is equal to or less than the current individual income level set in California Code of Regulations, Title 25, Section 6932, as lower income for Los Angeles County. Higher income employees may be considered to be “low-income” if the employee demonstrates that the plan disincentive would create a substantial economic burden.

Mobile Source Mission Reduction Credits (MSERCs). Emission credits issued pursuant to Regulation XVI – Mobile Source Offset Programs.

Motor Vehicle. A self-propelled vehicle, consistent with California Vehicle Code 415.

Monitoring. The techniques used to assess progress towards complying with the transportation management plan.

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Packet Pg. 452 Attachment: TDM Ordinance Update 2d (7641 : TDM Ordinance - Second Reading) 10 Multi-Site Employer. Any Employer which has more than one Worksite within the City of Santa Monica, or more than one Worksite in the South Coast Air Basin with one or more of those sites located in the City of Santa Monica.

Non-Commuting AVR Credit. This credit applies to Employees who are at the Worksite during the window for calculating AVR and remain at the Worksite or out of the SCAQMD jurisdiction for a full 24-hour period or more to complete work assignments.

Nitrogen Oxides (NOx). Nitric oxides and nitrogen dioxides, collectively expressed as nitrogen dioxide.

On-Site Coordinator. An Employee who serves as on-site coordinator at a Worksite served by a consultant ETC or for an Employer with more than one Worksite located in the City of Santa Monica and has knowledge of the Employer’s ERP and marketing. Onsite coordinators for Employers with more than 250 Employees must attend a one-time SCAQMD certified training course. The on-site coordinator is limited to program implementation rather than program development.

Parking Cash Out. Health and Safety Section 43845 that requires Employers with 50 or more Employees who lease their parking and subsidize all or part of that parking to implement a Parking Cash Out program. Employers who fall under the purview of Parking Cash Out must offer their Employees the option to give up their parking spaces and receive a cash subsidy in an amount equal to the cost of the parking space. Employers who are subject to Parking Cash Out requirements must implement a Parking Cash Out plan. Employers who do not implement a Parking Cash Out plan will have their emission reduction plans disapproved.

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Packet Pg. 453 Attachment: TDM Ordinance Update 2d (7641 : TDM Ordinance - Second Reading) 11 Part-Time Employee. Any Employee who reports to a Worksite on a part-time basis fewer than 32 hours per week but more than 4 hours per week. These Employees shall be included in the AVR calculations of the Employer provided the Employees report to or leave the Worksite during the AVR window.

Peak Window. In the morning, the Peak Window includes the hours from 6:00 a.m. to 10:00 a.m. In the evening, the Peak Window includes the hours from 3:00 p.m. to 7:00 p.m.

Peak Window Trip. An Employee’s commute trip that begins or ends at the Worksite or a work-related trip within the Peak Window.

Project Commute Survey. A survey of all tenant Employees of a project site to determine property-wide AVR as part of the annual monitoring report on a Developer TDM Plan.

Project Transportation Coordinator (PTC). The designated person, with appropriate training as required by the City, who is responsible for the development, administration, implementation, and monitoring of the Developer TDM Plan. The PTC must be at the project site during normal business hours when the majority of Employees are at the project unless alternative arrangements have been made pursuant to Section 9.53.150.

PTCs shall participate in City-sponsored workshops and roundtables.

Property Owner. Any person, co-partnership, association, corporation or fiduciary having legal or equitable title or any interest in any real property.

Remote Employee. Any Employee who is employed by an Employer at a regulated Worksite, however, primarily lives and works at locations outside of the South Coast

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Packet Pg. 454 Attachment: TDM Ordinance Update 2d (7641 : TDM Ordinance - Second Reading) 12 AQMD, and physically commutes to the Worksite fewer than five days per either the ERP or Developer TDM plan year.

Residential TDM. Means any strategies that are designed to reduce Single Occupancy Vehicle trips to and from residential properties.

Rideshare Mode of transportation other than a single occupancy vehicle that reduces emissions associated with travel.

Seasonal Employee. Any person who is employed for less than a continuous 90-day period.

Single Occupancy Vehicle. A privately operated motor vehicle whose only occupant is the driver, including for hire vehicles with one passenger.

South Coast Air Quality Management District (SCAQMD). The air quality control agency that monitors and enforces air quality regulations in Orange County and nondesert portions of Los Angeles, Riverside and San Bernardino Counties.

Student Worker. A student who is enrolled and gainfully employed (on the payroll) by an educational institution. Student workers who work more than 4 hours per week are counted for ordinance applicability and if they report to or leave work during the AVR Window(s) are counted for AVR calculation. Student workers are Employees within the meaning of this Chapter.

Telecommuting. Occurs when an Employee works from home, off site, a satellite office, or a telecommuting center which eliminates a commute trip to the Worksite or reduces the commute travel distance by more than 50%.

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Packet Pg. 455 Attachment: TDM Ordinance Update 2d (7641 : TDM Ordinance - Second Reading) 13 Temporary Employee. Any person employed by an employment service or a “leased” Employee that reports to a Worksite other than the employment service’s Worksite, under a contractual arrangement with a temporary Employer. Temporary Employees are counted as Employees of the employment service for purposes of calculating AVR.

Temporary Employees reporting to the Worksite of a temporary Employer for a consecutive period of more than 6 months shall count as an Employee of the temporary Employer and shall be counted in the AVR. The Temporary Employee shall also be considered an Employee when figuring the Employer annual transportation fee.

Transit. A shared passenger transportation service which is available for use by the general public, as distinct from modes such as taxicabs, carpools, or vanpools which are not shared by strangers without a private arrangement. Transit includes buses, ferries, trams, trains, rail, or other conveyance which provides to the general public a service on a regular and continuing basis. Also known as public transportation, public transit, or mass transit.

Transportation Allowance. A financial incentive offered to Employees or residents instead of a parking subsidy to provide Employees flexibility in mode choice. Employees and residents are typically required to execute an agreement that they do not commute in a single-occupant vehicle, or for residents, own a vehicle, in order to be eligible to receive the benefit.

Transportation Demand Management (TDM). The implementation of strategies that will encourage individuals to either change their mode of travel to other than a single occupancy vehicle, reduce trip length, eliminate the trip altogether, or commute at other than Peak Windows.

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Packet Pg. 456 Attachment: TDM Ordinance Update 2d (7641 : TDM Ordinance - Second Reading) 14 Transportation Facility Development (TFD). Construction of capital improvements to a transportation or transit system and/or installation of related operating equipment.

Transportation Management Organization (TMO). Transportation Management Organizations (TMOs) are City-certified organizations that provide transportation services in a particular area or Citywide. They are generally public-private partnerships, consisting primarily of area businesses with local government support. TMOs provide an institutional framework for TDM programs and services.

Transportation System Management (TSM). Strategies designed to improve traffic flow through modifications in, or coordination of, the operation of existing facilities.

Trip Reduction. The reduction in single occupant vehicle trips by private or public sector programs used during Peak Windows of commuting.

Vehicle Miles Traveled (VMT). The number of miles traveled one-way by a motor vehicle for a Worksite commute trip.

Volatile Organic Compound (VOC). Means any volatile compound of carbon, excluding methane, carbon monoxide, carbon dioxide, carbonic acid, metallic carbides or carbonates, ammonium carbonate, and exempt compounds as defined by SCAQMD Rule 102.

Volunteer. Any person at a Worksite who, of their own free will, provides goods or services, without any financial gain.

Workplace or Worksite. A building, part of a building, or grouping of buildings located within the City which are in actual physical contact or separated solely by a private or public roadway and are owned or operated by the same Employer.

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Packet Pg. 457 Attachment: TDM Ordinance Update 2d (7641 : TDM Ordinance - Second Reading) 15 Zero Emission Vehicle (ZEV). A motor vehicle, as certified by the California Air Resources Board (CARB), which emits no tailpipe pollutants. Employees arriving to work in a Plug-In Hybrid Electric Vehicle (PHEV) meet the definition of a zero-emission vehicle provided that the entire trip to work is made exclusively under electric power. This applies to plug-in vehicles with all electric range that can travel exclusively under electric power without use of the gasoline engine or cogeneration system. (Added by Ord. No. 2486CCS §§ 1, 2, adopted June 23, 2015; amended by Ord. No. 2520CCS § 47, adopted June 14, 2016; Ord. No. 2646CCS § 4, adopted September 8, 2020)

9.53.030 Applicability
This Chapter shall apply to Employers and Developers as defined above. The City shall not be exempt from the requirements of this Chapter. In accordance with the Memorandum of Understanding between the City and the SCAQMD, County, State and Federal agencies located in Santa Monica shall comply with South Coast AQMD’s Rule 2202 and will be exempt from this Chapter. (Added by Ord. No. 2486CCS §§ 1, 2, adopted June 23, 2015; amended by Ord. No. 2646CCS § 4, adopted September 8, 2020)

9.53.040 AVR Targets
Employers shall strive to achieve, and Developers shall achieve the applicable AVR Targets in this Chapter. This Section shall not apply to residential units but shall apply to nonresidential components of mixed-use projects. For nonresidential uses in residential designations not represented in this Chapter, all Employers shall achieve the lowest AVR Targets established by this Chapter unless located in a land use designation with a higher AVR Target.

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Packet Pg. 458 Attachment: TDM Ordinance Update 2d (7641 : TDM Ordinance - Second Reading) 16 LAND USE DESIGNATION

EMPLOYER AND

DEVELOPER AVR
TARGET
Bergamot Transit Village; Mixed Use Creative; Conservation: Art Center; Conservation: Creative Sector

2.0 Downtown Core 2.2
General Commercial: Pico Boulevard from Lincoln Boulevard to 11th Street, Lincoln Boulevard from Santa Monica Freeway to Bay Street

1.75 General Commercial: Santa Monica Boulevard from Lincoln Court to 20th Street

2.0 Healthcare Mixed Use 2.0
Industrial Conservation: Euclid Court to Stewart Street 2.0 Institutional/Public Lands: bounded by Santa Monica Freeway, Lincoln Boulevard, Pico Boulevard and Ocean Avenue

2.2 Mixed Use Boulevard: 4th Street from Olympic Drive to Pico Boulevard and area bounded by Cloverfield Boulevard, Olympic Boulevard, 20th Street and Colorado Avenue

2.0 Mixed Use Boulevard: Wilshire Boulevard from 2nd Court to 7th Street, and Lincoln Boulevard from Wilshire Boulevard to Olympic Boulevard

2.2 Mixed Use Boulevard: northside of Wilshire Boulevard from Lincoln Boulevard to eastern City Limits, and southside of Wilshire Boulevard from Lincoln Court to eastern City Limits

1.75 Mixed Use Boulevard Low: Pico Boulevard from Main Court to Centinela Avenue, Lincoln Boulevard from Santa Monica
Freeway to Bay Street, Main Street from Pico Boulevard to southern City Limits

1.75 Mixed Use Boulevard Low: Santa Monica Boulevard from 23rd Street to Centinela Avenue, Broadway from Lincoln Court to 26th Street, Colorado Avenue from Lincoln Court to Cloverfield Boulevard, Olympic Boulevard from Euclid Court to 17th Street

2.0 Neighborhood Commercial: Olympic Boulevard from 14th Street to 16th Street

2.0 Neighborhood Commercial: Pico Boulevard from Main Court to Centinela Avenue

1.75 Office Campus: east of Cloverfield Boulevard, north of Olympic Boulevard

2.0 Office Campus: south of Ocean Park Boulevard 1.75
Ocean Front District, north of Santa Monica Pier 1.75
Ocean Front District, Santa Monica Pier and south 2.0
Institutional/Public Lands: other than specified above 1.6 All remaining districts 1.6
(Added by Ord. No. 2486CCS §§ 1, 2, adopted June 23, 2015; amended by Ord. No. 2646CCS § 4, adopted September 8, 2020)

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Packet Pg. 459 Attachment: TDM Ordinance Update 2d (7641 : TDM Ordinance - Second Reading) 17 9.53.50 Employer Transportation Fee.

A. Employer Annual Transportation Fee. There shall be an Employer annual transportation fee. All Employer annual transportation fees collected pursuant to this Chapter shall be deposited in an account separate from the General Fund.

The purpose of the Employer annual transportation fee is to pay for the costs of administration, including TDM outreach and support and City TMO formation activities, implementation, investigation, inspection, audit, and enforcement of this Chapter.

1. Employers filing Emission Reduction Plans (ERPs) shall pay an annual transportation fee calculated using the following formula: Fee = (number of Employees) x (Employee Cost Factor). The Employee Cost Factor shall be established by resolution of the City Council and amended each July according to the Consumer Price Index or COLA, whichever is higher or by the resolution of the City Council.

2. For purposes of calculating an Employer’s annual transportation fee, the definition of Employee shall include full-time and part-time Employees. For purposes of calculating an Employer’s annual transportation fee, the definition of an Employee working at a Worksite for an average of 6 months or more shall be used.

3. Employers shall be notified of the Employer annual transportation fee when they receive written notice to submit an ERP in accordance with this

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Packet Pg. 460 Attachment: TDM Ordinance Update 2d (7641 : TDM Ordinance - Second Reading) 18 Chapter. Employer annual transportation fees shall be due and paid in full with the submittal of the ERP.

4. Once the employer annual transportation fee required pursuant to this Chapter has been paid, there shall be no refunds.

5. Employers of 30 or more Employees, who annually submit an ERP, who implement an Employee Trip Reduction Plan and demonstrate attainment of the applicable AVR Target shall receive the following reductions in their Employer annual transportation fees:
a. Attainment of the applicable AVR Target for one year shall result in a 40% reduction of Employer annual transportation fees. b. Attainment of the applicable AVR Target for 2 consecutive years shall result in a 50% reduction of Employer annual transportation fees.
c. Attainment of the applicable AVR Target for a period of 3 or more consecutive years shall result in a 60% reduction of Employer annual transportation fees.

6. Employers of 30 or more employees who join a TMO certified by the City, through the procedures specified in this Chapter, shall receive a 25% reduction in the annual Employer transportation fee. This reduction shall be in addition to any fee reduction the Employer is awarded for attainment of the applicable AVR Target. Fees charged by the TMO to Employers for its operation and administrative costs shall be separate from the City’s Employer transportation fee. (Added by Ord. No. 2486CCS §§ 1, 2,

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Packet Pg. 461 Attachment: TDM Ordinance Update 2d (7641 : TDM Ordinance - Second Reading) 19 adopted June 23, 2015; amended by Ord. No. 2646CCS § 4, adopted September 8, 2020)

9.53.60 Contents of Emission Reduction Plans
A. Employers of 30 or more employees are required to submit to the City, within 90 calendar days of written notification, an Emission Reduction Plan (ERP) designed to reduce emissions related to Employee commute trips and to meet specific emissions reduction targets specified for the subsequent year. For employers opting to implement their Emission Reduction Plan via the purchase of mobile source emissions credits (MSERCs), the annual Emission Reduction Target (ERT) shall be the equivalent of the highest AVR Target in the City and shall be determined according to the SCAQMD’s equation for VOC, NOx, and CO, based on Employee emission reduction factors specified in Chapter V of the SCAQMD Rule 2202 Implementation Guidelines. Any Employer subject to Health and Safety Section 43845 shall implement a Parking Cash Out program. Failure to do so will result in the disapproval of an Employer’s ERP.
[Emission Reduction Target] = [Employees x Employee Emission Reduction Factor]
For purposes of this calculation:

Employee = Average daily number of employees reporting to work in the AVR window for a typical 5-day work period which does not include those days defined as holidays.

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Packet Pg. 462 Attachment: TDM Ordinance Update 2d (7641 : TDM Ordinance - Second Reading) 20 Employee emission reduction factor = Determined by the year of the plan submittal as defined in Chapter V of the SCQAMD Rule 2202 Implementation Guidelines.

1. Each Employer shall choose one or more of the following options in implementing their Emissions Reduction Plan:
a. Purchase of Mobile Source Emission Reduction Credits (MSERCs). b. Implementation of an Employee Trip Reduction Plan.

B. Options for Implementing Emissions Reduction Plan.

1. Mobile Source Emission Reduction Credits (MSERCs). In order to meet their Emission Reduction Target, any Employer required to submit an ERP may purchase MSERCs from a vendor based on emission reduction factors as determined by Section 9.53.060(H). A list of credit vendors can be found on the SCAQMD’s website.
a. An annual plan indicating the amount of credits purchased and the amount of emissions reduced must be submitted to the City each year.
b. MSERCs must be transferred to the City MSERC account no later than 180 calendar days after the approval of the ERP by the City. c. Includes a Parking Cash Out plan if required by Health and Safety Code Section 43845;

2. Employee Trip Reduction Plan. Employers who choose this option shall prepare, implement, and monitor Employee Trip Reduction Plans (ETRP) for transportation demand management, transportation system management and

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Packet Pg. 463 Attachment: TDM Ordinance Update 2d (7641 : TDM Ordinance - Second Reading) 21 transportation facility development which will be reasonably likely to result in the attainment of the applicable AVR Target in this Chapter. The ETRP shall be submitted in a form approved by the City and shall be reviewed and approved by the Director of Transportation before it is effective. a. The ETRP shall include strategies designed to decrease singleoccupant vehicle use rideshare during the morning and evening AVR windows and shall be made available to all employees upon hire and every year thereafter along with the Employer’s most recent ETRP annual report.
b. The ETRP shall consist of a report that:
i. Calculates and documents AVR levels for morning and
evening Peak Windows;
ii. Lists plan incentives and a schedule for their implementation, including a mandatory guaranteed ride home program which provides an Employee who rideshares a ride home in the
event of an emergency or unplanned overtime with no cost to the Employee;
iii. Determines a marketing strategy for the plan year, including mandatory new hire orientation which informs Employees of the Employer’s ERP strategies at the time of hire, or new Employee orientation;

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Packet Pg. 464 Attachment: TDM Ordinance Update 2d (7641 : TDM Ordinance - Second Reading) 22 iv. Determines the use of Worksite parking facilities to achieve ETRP objectives (i.e., number of reserved spaces for
carpools, vanpool, etc.);
v. Lists the bicycle paths, routes, and facilities within one-half mile of the Worksite;
vi. Lists the public transit services within one-half mile of the Worksite;
vii. Provides a general description of the business type/ classification;
viii. Includes a sample of the Employee AVR survey, or other mechanism approved by the City. This survey must not be more than 6 months old. For Employers with 250 or more
employees, the survey must conform with SCAQMD
requirements. The survey must be taken over 5 consecutive days during which the majority of employees are scheduled to arrive at or leave the Worksite. The survey week cannot contain a holiday and cannot occur during “Rideshare Week” or other “event” weeks (i.e., Bicycle Week, Walk to Work Week, Transit Week, Bike it, Walk it Week, etc.). This survey must have a minimum response rate of 60% of employees
who report to or leave work between 6:00 a.m. and 10:00 a.m., inclusive, and 60% response rate for employees who report to or leave work between 3:00 p.m. and 7:00 p.m.,

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Packet Pg. 465 Attachment: TDM Ordinance Update 2d (7641 : TDM Ordinance - Second Reading) 23 inclusive. Employers that achieve a 90% or better survey response rate for the a.m. or p.m. window may count the “no survey responses” as “other” when calculating their AVR.

Employers that receive a survey response rate between 60% and 89% shall calculate the “no survey response” as “drive alone” when calculating their AVR;
ix. Provides the contact information including name, e-mail address and proof of certification of the Employee
Transportation Coordinator who is responsible for
implementation and monitoring of the plan;
x. Provides the contact information including name and e-mail address of the on-site coordinator (if different from the ETC) for each site who is responsible for implementation and monitoring of the plan;
xi. Identifies the objectives of the plan and provides an explanation of why the plan is likely to achieve the applicable AVR target;
xii. Includes a Parking Cash Out plan if required by Health and Safety Code Section 43845;
xiii. Includes a management commitment cover letter signed by the highest-ranking official on site, or the executive
responsible for allocating the resources necessary to
implement the plan. This letter shall include a commitment to

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Packet Pg. 466 Attachment: TDM Ordinance Update 2d (7641 : TDM Ordinance - Second Reading) 24 fully implement the program and state that all data is accurate to the best of the Employer’s knowledge.
c. The ETRP shall be updated every 12 months with an annual report submitted on the anniversary date of the initial plan approval date.

The annual ETRP shall include the following:
i. AVR calculations and documentation for the plan year; ii. Lists plan strategies, changes to plan strategies, and a schedule for their implementation, including a mandatory guaranteed ride home program which provides an Employee who rideshares a ride home in the event of an emergency or unplanned overtime with no cost to the Employee;
iii. Determines a marketing strategy, indicating changes from the previous plan year, and includes mandatory new hire
orientation which informs employees of the Employer’s
Emission Reduction Plan strategies at the time of hire, or new Employee orientation;
iv. Determines the use of Worksite parking facilities to achieve rideshare and transit objectives (i.e., number of reserved spaces for carpools and vanpool, etc.);
v. Lists the bicycle paths, routes, and facilities within one-half mile of the Worksite;
vi. Lists public transit services within one-half mile of the Worksite;

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Packet Pg. 467 Attachment: TDM Ordinance Update 2d (7641 : TDM Ordinance - Second Reading) 25 vii. Provides a general description of the type of business; viii. Includes a sample of the Employee survey for the plan year as described in subdivision (2)(b)(viii) of this subsection B; ix. Provides the contact information including name, e-mail address and proof of certification of the Employee
Transportation Coordinator who is responsible for the
preparation, implementation, and monitoring of the plan; x. Provides the contact information including name and e-mail address of the on-site coordinator (if different from the ETC) for each site who is responsible for the implementation and monitoring of the plan;
xi. Identifies the objectives of the plan and provides an explanation of why the plan is likely to achieve the applicable AVR target;
xii. Includes a Parking Cash Out plan if required by Health and Safety Code Section 43485;
xiii. Includes a management commitment letter as defined in subdivision (2)(b)(xiii) of this subsection B; and
xiv. Includes updates and revisions to the ETRP as the Director of Transportation deems appropriate, if the annual report
indicates that the goals of the previously approved ETRP have not been met.
d. The procedure for calculating AVR at a Worksite shall be as follows:

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Packet Pg. 468 Attachment: TDM Ordinance Update 2d (7641 : TDM Ordinance - Second Reading) 26 i. The AVR calculation shall be based on data obtained from an Employee survey as defined in subdivision (2)(b)(viii) of this subsection B.
ii. AVR shall be calculated by dividing the number of employees who report to or leave the Worksite by the number of vehicles arriving at or leaving the Worksite during the Peak Windows.

If an Employee uses more than one commute mode per trip, the mode that is used for the majority of the trip shall be the mode that is used in calculating the number of vehicles. All employees who report to or leave the Worksite that are not accounted for by the Employee survey shall be calculated as one Employee per vehicle arriving at or leaving the Worksite during the Peak Windows. Employees walking, bicycling,
telecommuting, using public transit, arriving at the Worksite in a zero-emission vehicle, or on their day off under a recognized compressed work week schedule shall be counted as arriving at or leaving the Worksite without vehicles. Motorcycles shall be counted as vehicles. AVR survey reporting errors resulting from missing or incorrect information must be calculated as one Employee per vehicle arriving at the Worksite. Reporting errors that do not include the time when an Employee arrives at or leaves the Worksite must be assumed to occur in the Peak Window.

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Packet Pg. 469 Attachment: TDM Ordinance Update 2d (7641 : TDM Ordinance - Second Reading) 27 iii. A child or student may be calculated for the AVR as an additional passenger in the carpool/vanpool if the child or student travels in the car/van to a Worksite or school/childcare facility for the majority (at least 51%) of the total commute. iv. If 2 or more Employees from different Employers commute in the same vehicle, each Employer must account for a
proportional share of the vehicle consistent with the number of Employees that Employer has in the vehicle.
v. Any Employee dropped off at a Worksite shall count as arriving in a carpool only if the driver of the carpool is continuing on to the driver’s Worksite.
vi. Any Employee telecommuting at home, off site, or at a telecommuting center for a full work day, eliminating the trip to work or reducing the total distance by at least 51% shall be calculated as if the Employee arrived at the Worksite in no vehicle.
vii. Zero Emission Vehicles (electric vehicles) shall be counted as zero vehicles arriving at the Worksite.
e. Employers must keep detailed records of the documents which verify the average vehicle ridership calculation for a period of 3 years from plan approval date. Records which verify strategies in the ETRP have been marketed and implemented shall be kept for a period of at least 3 years from plan approval date. Approved ERPs must be

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Packet Pg. 470 Attachment: TDM Ordinance Update 2d (7641 : TDM Ordinance - Second Reading) 28 kept at the Worksite for a period of at least 5 years from plan approval date. For Employers who implement their plans using a centralized rideshare service center, records and documents may be kept at a centralized location. Failure to maintain records or falsification of records will be deemed a violation of this Chapter.
f. AVR Performance Requirement for Employers Submitting an ETRP. Employers who submit an ETRP to the City that does not meet the applicable AVR Target for the a.m. and p.m. Peak Window must implement a Good Faith Effort Plan in accordance with the following requirements:
i. Employers shall maintain all currently approved good faith plan strategies during the plan compliance year until a new ETRP is approved.
ii. Deletion or substitution of any plan strategies is not allowed unless approved by the Director of Transportation in writing. iii. Unless otherwise stated, strategies must be implemented in such a way that they are reasonably likely to improve AVR.

Employers must continue to demonstrate a good faith effort towards achieving the applicable AVR target for the Peak period Window. If a Worksite AVR decreases or does not
improve from the previously submitted plan, the selection of strategies must be modified, and the number of strategies increased.

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Packet Pg. 471 Attachment: TDM Ordinance Update 2d (7641 : TDM Ordinance - Second Reading) 29 g. Good Faith Effort Determination Elements. Employers submitting an ETRP who do not attain their applicable AVR Targets in the a.m. and p.m. Peak Windows shall comply with the following
requirements:
i. Employers must implement at least 5 of the following marketing strategies:

1. Attendance at a City-approved marketing class, at least annually.

2. Direct communication by the highest-ranking official at the site, at least annually.

3. Employer newsletter (hard copy or electronic) with
rideshare content distributed at least quarterly.

4. Flyers, announcements, memos or e-mails sent to
employees at least quarterly.

5. Company recognition of ridesharing at least annually.

6. Employer rideshare events, at least annually.

7. Rideshare bulletin board, kiosk, electronic exchange center, or information center, updated at least quarterly.

8. New hire orientation (mandatory).

9. Rideshare meetings or focus groups, at least semiannually.

10. Rideshare website, updated at least quarterly.

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Packet Pg. 472 Attachment: TDM Ordinance Update 2d (7641 : TDM Ordinance - Second Reading) 30 11. Other marketing strategies that have been approved by the Director of Transportation and the SCAQMD as
appropriate.
ii. Employers must implement at least 5 of the following basic support strategies:

1. Commuter Choice Program.

2. Flex time schedule.

3. Guaranteed Ride Home Program (mandatory).

4. Personalized commute assistance.

5. Transit Information Center, updated at least quarterly.

6. Free introductory transit pass.

7. Preferential parking for carpools and vanpools.

8. Ride matching, at least annually.

9. Other basic support strategies that have been approved by the Director of Transportation and the SCAQMD as
appropriate.
iii. Employers must implement at least 5 of the following direct strategies:

1. Auto services (minimum dollar amount per Employee per year will be indicated in ETRP forms).

2. Bicycle program.

3. Vanpool program.

4. Compressed work week schedule.

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Packet Pg. 473 Attachment: TDM Ordinance Update 2d (7641 : TDM Ordinance - Second Reading) 31 5. Employee clean vehicle purchase program.

6. Off-peak rideshare program.

7. Telecommuting.

8. Discounted or free meals (minimum dollar amount per
Employee per year will be indicated in ETRP forms).

9. Direct financial incentives.

10. Gift certificates (minimum dollar amount per Employee per year will be indicated in ETRP forms).

11. Parking charge or transportation allowance.

12. Parking Cash Out program.

13. Off-peak trip reduction program.

14. Points program.

15. Prize drawings, at least quarterly.

16. Start-up incentive.

17. Time off with pay.

18. Transit subsidy.

19. Other direct strategy programs that have been approved by the Director of Transportation and the SCAQMD.

C. MSERCs Minimum Requirements. Employers implementing Mobile Source Emission Reduction Credits as defined in this Chapter must meet the minimum plan requirements:

1. AVR Attainment.

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Packet Pg. 474 Attachment: TDM Ordinance Update 2d (7641 : TDM Ordinance - Second Reading) 32 Employers who do not meet their Peak Window targets for the a.m. and/or p.m. window must purchase the appropriate amount of MSERCs to bridge the gap in the applicable AVR Target shortfall.

2. Outreach/Education Plan. Employers shall include a plan to educate Employers about commute options by making information available to employees.
a. Information shall be updated annually and include, at a minimum:
i. A rideshare bulletin board, kiosk or a rideshare page on a company website, updated quarterly;
ii. Rideshare options and information presented to employees as a part of new hire orientation;
iii. A Customer Incentive Plan that provides clients and visitors with information about how to access the site using green commute modes such as transit, walking, and biking. This information shall be placed in the lobby, reception area, cash register area and on the Employer’s website and shall include, but not be limited to:
bus and transit routes within one-half mile of the site, bicycle parking and bicycle facilities within one-half mile of the site, optional incentives to encourage customers to use green commute modes (discounts, drawings, etc.).

3. Employers who fall under the requirements of Parking Cash Out shall include a Parking Cash Out plan. If a Parking Cash Out plan is not included, the ERP shall be disapproved.

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Packet Pg. 475 Attachment: TDM Ordinance Update 2d (7641 : TDM Ordinance - Second Reading) 33 D. Extensions. In the event that an Employer reasonably needs more time to submit an emission reduction plan, a written request for extension may be filed with the Director of Transportation. All requests must be received by the City no later than 15 business days prior to the plan due date. Such requests must be made in writing and shall state why such extension is requested, what progress has been made toward developing the ERP, and for what length of time the extension is sought.

The Director of Transportation shall notify the Employer in writing whether or not the extension has been granted within 15 business days of receipt of a written request for extension.

1. An Employer may request an extension of up to 60 calendar days for the initial submittal of a plan.

2. An Employer may request an extension of up to 30 calendar days to complete a revised plan.

3. The Director of Transportation may grant extensions beyond 60 calendar days for good cause. Each Employer’s request shall be reviewed on an individual basis.

E. Plan Revisions. An approved ERP may be revised between plan submittal dates by submitting a plan revision in writing to the City. Any changes to an approved plan which is in effect must be submitted in writing to the Director of Transportation.

1. If the Director of Transportation determines that any ERP strategy is not being carried out to the fullest extent, the City may require the Employer to submit quarterly reports that include examples of the strategies implemented for each quarter.

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Packet Pg. 476 Attachment: TDM Ordinance Update 2d (7641 : TDM Ordinance - Second Reading) 34 2. If the Director of Transportation determines that the ERP strategy is not effective, the City may require the Employer to submit quarterly progress reports that demonstrate the effectiveness of such strategies.

3. If it is necessary for an Employer to amend an ERP before the plan can be approved, the Employer shall have 15 business days from the date of written notice in which to submit amendments to the Director of Transportation. Employers failing to submit the amendments shall have their ERP disapproved.

4. An ERP will be disapproved if the program demonstrates a disproportionate impact on minorities, women, low-income or disabled Employees.

5. If a final determination that an element of an approved ERP violates any provision of the law issued by any agency or court with jurisdiction to make such determinations, then the Employer shall, within 45 calendar days, submit a proposed plan revision to the Director of Transportation which shall be designed to achieve an AVR equivalent to the previously approved plan.

F. Employee Transportation Coordinators. Employers of 30 or more Employees, shall designate a certified Employee Transportation Coordinator (ETC) or an ETC and an on-site coordinator for each Worksite included in the emission reduction plan.

1. An Employer may elect to use a consultant ETC or TMO certified in accordance with this Chapter in lieu of an ETC; provided the consultant ETC or the TMO staff have received certified training and the site maintains an on-site coordinator.

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Packet Pg. 477 Attachment: TDM Ordinance Update 2d (7641 : TDM Ordinance - Second Reading) 35 2. If the absence of a certified ETC, consultant ETC, or on-site coordinator exceeds 8 consecutive weeks, a substitute ETC or on-site coordinator at the same level must be designated and trained. Written notice of such a change must be submitted to the Director of Transportation with proof of training no later than 12 weeks after the beginning of the absence.

G. Emission Reduction Factors. The Employee emission reduction factors (pounds per Employee per year) used in calculations pursuant to this ordinance and SCAQMD Rule 2202 are specified in Rule 2202-On-Road Motor Vehicle Mitigation Options Implementation Guidelines and shall be used in calculations pursuant to this rule. The Employee emission factors shall be revised upon EPA’s final approval for use of the California Air Resources Board (CARB) approved on-road mobile source emission factor (EMFAC) model. (Added by Ord. No. 2486CCS §§ 1, 2, adopted June 23, 2015; amended by Ord. No. 2646CCS § 4, adopted September 8, 2020)

9.53.80 Procedures for Submission of Emission Reduction Plans A. Any Employer who establishes a new Worksite in the City of Santa Monica, or whose Employee population increases to more than 30, will be required to submit an ERP to the City of Santa Monica. Employers are required to provide notice to the Director of Transportation within 30 calendar days of establishing a new Worksite, or increasing Employee population. The notice shall be written, and include the Employer’s name, the business and mailing address, the number of Employees reporting to the Worksite and the name of the highest-ranking official at the Worksite. Upon receipt of the notice, the City shall provide written notification

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Packet Pg. 478 Attachment: TDM Ordinance Update 2d (7641 : TDM Ordinance - Second Reading) 36 to the Employer and 90 calendar days thereafter the Employer shall submit a plan and shall be subject to all provisions of this Chapter.

B. Any Employer who has submitted a plan pursuant to this Chapter and whose Employee population falls to fewer than 30 Employees for a 6-month period, calculated as a monthly average, may submit a written request to the Director of Transportation to be exempt from this Chapter. The Employer must submit documentation which demonstrates an Employee population of less than 30 Employees. Such demonstration could be made by payroll records or other appropriate documentation.

C. Employers with 30 or More Employees.

1. All Employers with 30 or more Employees, located within the City of Santa Monica and subject to this Chapter, shall submit to the City, within 90 calendar days of receipt of written notice to implement an ERP designed to reduce emissions related to Employee commutes and to meet a Worksite specific Emission Reduction Target (ERT) specifying pounds of emissions per Employee for the subsequent year.

2. Employers required to submit an ERP shall identify measures in their ERP that will result in attainment of their emission reduction targets through the Emission Reduction Plan specified in this Chapter within 90 calendar days of written notification by the City.

D. [Intentionally Left Blank]
E. Multi-Site Employers of 250 or More Employees.

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Packet Pg. 479 Attachment: TDM Ordinance Update 2d (7641 : TDM Ordinance - Second Reading) 37 1. Multi-site Employers of 250 or more employees, with one or more sites located outside the City of Santa Monica, but within the South Coast Air Basin and subject to SCAQMD Rule 2202, have the option of filing a Rule 2202 plan with the SCAQMD, or filing an ERP with the City of Santa Monica.

Employers choosing to file a Rule 2202 plan with the SCAQMD will be required to notify the Director of Transportation in writing no later than 15 business days prior to the plan due date.

2. Multi-site Employers of 250 or more Employees, with Worksites owned or leased by the same Employer and located wholly within the City of Santa Monica, upon the Director of Transportation’s approval of a written request, may submit a single ERP encompassing all Worksites.

F. All Employer ERPs shall be consistent with any plans previously submitted by the Developer of the property at which the Worksite is located, provided however, that where requirements of this Chapter are more stringent, the requirements of this Chapter shall apply.

G. If an Employer’s ERP due date falls on a day City Hall is normally closed (i.e., weekend, holiday, 9/80 Friday off), the Employer may submit the ERP on the first business day after the plan due date.

H. If an ERP is mailed to the City, the plan must be submitted on or before the plan due date. If the plan is submitted after the plan due date, the plan shall be considered late and the Employer shall be charged a penalty of 25% of the total Employer Annual Transportation Fees and forfeit any discount given for attainment of the applicable AVR target in the a.m. and p.m. windows.

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Packet Pg. 480 Attachment: TDM Ordinance Update 2d (7641 : TDM Ordinance - Second Reading) 38 I. After an Employer submits a plan, the Director of Transportation must either approve or disapprove the plan within 90 calendar days.

1. Written notice of approval or disapproval shall be given. If the plan is disapproved, the reasons for disapproval shall be given in writing to the Employer.

2. Once the plan is approved, the Employer will have 60 calendar days from the date of approval to implement all aspects of the plan.

3. Any plan disapproved by the Director of Transportation must be revised by the Employer and resubmitted to the Director of Transportation within 30 calendar days of written notice of disapproval or the Employer shall be deemed in violation of this Chapter. The City has 90 calendar days to review the resubmitted plan.

4. Upon receipt of the second disapproval written notice, and until such time as a revised plan is submitted to the Director of Transportation, the Employer is in violation of this Chapter.

J. An approved ERP may be revised between plan submittal dates by submitting a plan revision in writing to the Director of Transportation. The revision shall not be effective until approved by the Director of Transportation.

K. Employers who relocate to another worksite within the City of Santa Monica shall notify the City in writing of relocation within 30 calendar days. The City shall notify the Employers in writing to submit an updated version of the Employee profile and worksite analysis of the ERP.

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Packet Pg. 481 Attachment: TDM Ordinance Update 2d (7641 : TDM Ordinance - Second Reading) 39 L. No Employer of 250 or more Employee s shall be responsible for complying with this Chapter if the City and the SCAQMD have an agreement which provides an exception to those Employers from the requirements of filing a Rule 2202 plan with the SCAQMD. If at any time the City fails to meet its obligation under the executed agreement, Employers of 250 or more employees in the City shall be released from this Chapter and shall be subject to compliance with the SCAQMD Rule 2202 requirements. (Added by Ord. No. 2486CCS §§ 1, 2, adopted June 23, 2015; amended by Ord. No. 2646CCS § 4, adopted September 8, 2020)

9.53.90 Employer Monitoring and Enforcement
A. Audits.

1. City Audits. The City shall perform audits on a selective basis. Employers shall receive at least 5 days’ written notice of such an audit. An audit may include, but shall not be limited to, an on-site inspection and demonstration that an Employer is performing the on-going monitoring required by this Chapter.

2. Compliance Inspection. Any Employer subject to this Chapter is subject to a compliance inspection. This inspection will require access to records that demonstrate implementation and monitoring of the Employer’s Emission Reduction Plan.

B. Violations of this Chapter.

1. No business license shall be renewed if an Employer has not paid the fees required by this Chapter.

2. Failure to submit an initial plan when due, annual report and plan update when due, or mandatory plan revisions when due, or failure to implement

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Packet Pg. 482 Attachment: TDM Ordinance Update 2d (7641 : TDM Ordinance - Second Reading) 40 provisions of an approved plan as set forth in the plan implementation schedule, failure to keep records, falsification of records, failure to have a certified ETC or designated on-site coordinator on site if required, or failure to submit proper fees in accordance with this Chapter is a violation of this Chapter. Additionally, upon receipt of a second disapproval notice and until such time as a revised plan is approved by the City, the Employer shall be deemed in violation of this Chapter.

3. If an Employer chooses the Employee Trip Reduction option and complies with all provisions of the approved plan but fails to meet the applicable AVR targets, that is not a violation of this Chapter, however, the City shall require the Employer to provide additional incentives and marketing strategies in the ETRP with the goal of increasing the Employer’s AVR. Failure to obtain an approved updated plan shall be a violation of this Chapter.

4. If an Employer chooses any emission reduction option (excluding the Employee Trip Reduction option), the Employer must meet the required emission reduction targets for that plan year. Failure to do so will be considered a violation of this Chapter.

5. Each day an Employer violates the provisions of this Chapter or the terms and conditions of any approved ERP shall constitute a separate violation.

C. Enforcement Actions. In addition to any other remedy provided for by law, the City may take the following actions for violations of this Chapter or the terms and conditions of any approved ERP.

1. Require the addition of elements to an ERP submitted by an Employer.

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Packet Pg. 483 Attachment: TDM Ordinance Update 2d (7641 : TDM Ordinance - Second Reading) 41 2. Revoke any approval of an ERP.

3. Revoke the business license held by any violator.

4. Impose administrative remedies as provided for in Chapter 1.09 or 1.10.

5. Any person violating any provision of this Article of the Municipal Code shall be guilty of an infraction, which shall be punishable by a fine not exceeding $250.00, or a misdemeanor, which shall be punishable by a fine not exceeding $1,000.00 per violation, or by imprisonment in the County Jail for a period not exceeding 6 months, or by both such fine and imprisonment.

6.  Any person convicted of violating any provision of this Chapter shall be ordered to reimburse the City its full investigative costs.

7. Notwithstanding any other provisions of this Chapter regarding penalties for enforcement actions or for violations, for violators with 250 or more Employees, the City, in addition to any other remedies under this Chapter, shall refer the matter to the SCAQMD for appropriate action in accordance with the Memorandum of Understanding executed between the City and the SCAQMD. (Added by Ord. No. 2486CCS §§ 1, 2, adopted June 23, 2015; amended by Ord. No. 2646CCS § 4, adopted September 8, 2020)

9.53.100 Administrative Appeals
A. Disapproval of an ERP by the Director’s designee, including a revision of such a plan, may be appealed to the City.

B. An appeal of an action by the Director’s designee shall be filed with the City within 10 calendar days following the date of the action from which an appeal is taken. If no appeal is timely filed, the action taken by the Director’s designee shall be final.

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Packet Pg. 484 Attachment: TDM Ordinance Update 2d (7641 : TDM Ordinance - Second Reading) 42 C. A hearing on an appeal shall be scheduled within 60 calendar days of the date of filing an appeal. Notice of an appeal hearing shall be mailed to the appellant not less than 10 calendar days prior to the hearing scheduled before the Director or Hearing Officer.

D. A written decision on an appeal shall be issued 30 calendar days from the date of the hearing.

E. An action by the Director’s designee that is appealed to the Director or Hearing Officer shall not become effective unless and until approved by the Director or Hearing Officer.

F. A decision of the Director or Hearing Officer shall be final except for judicial review and there shall be no appeal to the Commission or City Council. (Added by Ord.

No. 2486CCS §§ 1, 2, adopted June 23, 2015; amended by Ord. No. 2520CCS § 48, adopted June 14, 2016; Ord. No. 2646CCS § 4, adopted September 8, 2020)

9.53.110 Developer TDM Fee
A. Developer Annual TDM Fee. An annual Developer TDM fee shall be required for Developers of projects that will result in the new construction of:
a. Nonresidential projects: 7,500 square feet or more.
b. Residential projects: 16 or more residential units.
c. Mixed-use projects: 16 or more residential units with any associated nonresidential floor area or 7,500 sf or more of nonresidential floor area with any number of residential units.

B. Developer TDM fees collected pursuant to this Chapter shall be deposited into an account separate from the General Fund. The purpose of the Developer TDM fee

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Packet Pg. 485 Attachment: TDM Ordinance Update 2d (7641 : TDM Ordinance - Second Reading) 43 is to pay for the cost of administration, including TDM outreach and support and City TMO formation activities, implementation, investigation, inspection, audit, and enforcement of this Chapter. The fee shall be established by resolution of the City Council and amended from time to time and shall be payable prior to issuance of Certificate of Occupancy and annually thereafter. (Added by Ord. No. 2486CCS §§ 1, 2, adopted June 23, 2015; amended by Ord. No. 2646CCS § 4, adopted September 8, 2020)

9.53.120 Procedures for Submission of Developer TDM Plan A. Preliminary TDM Plan Required. Developers shall be required to submit a Preliminary Developer TDM Plan meeting the requirements of Section 9.53.130(A), with the exception of paragraphs (3), (4), and (7), at the time of application for the project’s planning entitlement for new construction applications.

B. Time Limits for Review. The Director of Transportation shall provide initial comments to the Developer on the Preliminary Developer TDM Plan within 30 calendar days of application submittal.

C. Approval Required. The Director of Transportation shall approve or disapprove the Preliminary Developer TDM Plan prior to project approval by the Planning Division, Planning Commission, or the City Council, based on the following findings:

1. Inclusion of all applicable components of a Developer TDM Plan in this Chapter.

2. Whether the Developer TDM Plan clearly outlines site-specific strategies.

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Packet Pg. 486 Attachment: TDM Ordinance Update 2d (7641 : TDM Ordinance - Second Reading) 44 3. Likelihood of program measures to achieve applicable AVR Target.

D. Notice. Notice of approval or disapproval shall be given in writing to the Developer.

Any plan disapproved by the Director of Transportation must be revised by the Developer and resubmitted to the City within 30 calendar days of the notice of disapproval.

E. Physical Components. Prior to issuance of a building permit, physical components of the Plan must be shown on the construction drawings and be approved by the Director of Transportation.

F. Final TDM Plan Required. Prior to issuance of a Temporary Certificate of Occupancy or a Certificate of Occupancy, a Final Developer TDM Plan for new construction projects, in accordance with Section 9.53.130 shall be submitted for review and approval by the Director of Transportation. The Final Developer TDM Plan shall also be recorded against the property to ensure compliance with this Chapter. (Added by Ord. No. 2486CCS §§ 1, 2, adopted June 23, 2015; amended by Ord. No. 2646CCS § 4, adopted September 8, 2020)

9.53.130 Content of the Final Developer TDM Plan
A. Final Developer TDM Plan Format. The Final Developer TDM Plan shall result in the Developer achieving the applicable AVR Target in this Chapter and shall include:

1. Project description.

2. Site conditions that affect commute travel.

3. Statement of commitment from the property owner to:

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Packet Pg. 487 Attachment: TDM Ordinance Update 2d (7641 : TDM Ordinance - Second Reading) 45 a. Conduct annual surveys in conformance with this Chapter to determine commute trip behavior including collection of data on Employee means of travel, arrival time, and interest in information on ridesharing opportunities (this shall not be applicable to residential units); b. Monitor Developer TDM Plan; and
c. Report annually in a manner required by this Chapter.

4. Annual budget to implement Developer TDM Plan.

5. Duties, responsibilities, and qualifications of a certified PTC.

6. Developer TDM Plan program measures.

7. Implementation strategy that specifies how the Developer TDM Plan will be implemented, monitored, and who will be responsible for submitting annual status reports to the City.

B. Physical and Programmatic Elements. The Developer TDM Plan program measures shall include the following:

1. Physical Elements. In addition to all physical facility improvements required by Chapter 9.28, Parking, Loading, and Circulation, the following additional physical elements shall be required to be implemented by the Developer to the satisfaction of the City:
a. On-Site Transportation Information. On-site transportation information located where the greatest number of Employees, visitors, and residents are likely to see it. Such transportation information may be provided in an on-site physical location, such as a bulletin board, digital screen, or kiosk, or through other media, such

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Packet Pg. 488 Attachment: TDM Ordinance Update 2d (7641 : TDM Ordinance - Second Reading) 46 as on a website or other digital means. Information shall include, but is not limited to, the following:
i. Current maps, routes, and schedules for public transit routes within one-half mile of the project site.
ii. Transportation information including regional ridesharing agency, local transit operators, and certified TMO where available.
iii. Ridesharing promotions material supplied by commuteroriented organizations. iv. Bicycle route and facility information, including rental and sales locations, regional/local bicycle maps, and bicycle safety information within one-half mile of the project site. v. Information about Shared Mobility providers operating within the City.
vi. A list of facilities available for carpoolers, vanpoolers, bicyclists, transit riders and pedestrians at the site. vii. Walking and biking maps for Employees and visitors, which shall include, but not be limited to, information about convenient local services and restaurants within walking distance of the project.
viii. Information to commercial tenants and Employee s of the project regarding local rental housing agencies.

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Packet Pg. 489 Attachment: TDM Ordinance Update 2d (7641 : TDM Ordinance - Second Reading) 47 2. Programmatic Elements. Additional programmatic elements shall also be included in the Developer TDM Plan program measures based on the type of development as follows:
a. Project Transportation Coordinator. A designated Project Transportation Coordinator shall manage all aspects of the Developer TDM Plan and participate in City-sponsored workshops and information roundtables. The PTC shall be responsible for making available information materials on options for sustainable or active transportation modes and opportunities particularly programs that involve commuter subsidies such as Parking Cash Out and vanpool subsidies. In addition, transit fare media and day/month passes will be made available through the PTC to Employees, visitors, and residents during typical business hours. In the event that the project is sold or transferred, Developer shall notify the City of the new point of contact for the successor and/or new PTC for the project within 30 calendar days of such sale or transfer. b. Nonresidential Projects and Nonresidential Components of MixedUse Projects. Nonresidential projects that result in the addition of 7,500 square feet of floor area or more and the nonresidential portion of mixed-use projects shall provide, at minimum, the following programmatic elements:
i. New Employee orientation.
ii. Parking Cash Out.

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Packet Pg. 490 Attachment: TDM Ordinance Update 2d (7641 : TDM Ordinance - Second Reading) 48 iii. Incentives for Employees that live within one-half mile of workplaces.
iv. Information regarding availability of bike commute training offered either on-site or by a third party.
v. Free on-site shared bicycles intended for Employee use during the work day (e.g., Bike@Work program). This shall be optional if Citywide bikeshare is available within a 2-block radius of the project site.
vi. Commuter matching services for all Employees on an annual basis, and for all new Employees upon hiring.
vii. Information regarding benefits of: compressed work schedule, flex-time schedule, telecommuting, and guaranteed ride
home.
viii. Transportation allowance equal to at least 50% of the current cost of a monthly regional transit pass of the Employee’s choice (e.g., Big Blue Bus 30-day Pass, Metro EZ Pass, Metro TAP or equivalent). Within the Downtown Community Plan
area, the transportation allowance shall equal at least 100% of the current cost of a monthly regional transit pass of the Employee’s choice (e.g., Big Blue Bus 30-day Pass, Metro EZ Pass, Metro TAP or equivalent). An Employee accepting the transportation allowance shall be required to execute a contract agreeing said Employee will not utilize a single

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Packet Pg. 491 Attachment: TDM Ordinance Update 2d (7641 : TDM Ordinance - Second Reading) 49 occupancy vehicle for the majority (at least 51%) of their daily commute distance more than 5 business days per month. The contract shall also specify the Employee’s alternative
commute mode (e.g., transit, bike, walk). Within the
Downtown Community Plan area, daily transportation
allowance, equal to the value of the applicable monthly transportation allowance divided by 20, shall be offered to all eligible Employees. To receive the daily transportation allowance eligible Employees shall not be receiving the monthly transportation allowance and shall be required to submit a daily commute tracking form agreed that said
Employees utilized an eligible non-single occupancy vehicle mode for at least 51% of their daily commute. The Employee must demonstrate compliance as reasonably required by the property owner.
ix. Customer and visitor incentives for uses with significant numbers of customers and visitors such as retail, food service, hospitality, and medical office:

1. Customer incentive program.

2. Public directions prioritizing rideshare modes.

3. Special event rideshare services.

4. Shared ride service.

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Packet Pg. 492 Attachment: TDM Ordinance Update 2d (7641 : TDM Ordinance - Second Reading) 50 x. Any additional measures that would result in the Developer achieving the applicable AVR target.
a. Residential Projects and Residential Components of Mixed-Use Projects.

Except as provided in subsection iv, projects that result in the addition of 16 residential units or more and the residential portion of mixed-used projects shall include the following programmatic elements:
i. Transportation Welcome Package for Residents. Provide all new residents with residential component of the project site with a welcome package on a per-unit basis. The welcome package shall, at minimum, include the information required in subdivision (1)(a) of this subsection (B) (Physical Elements—On-Site Transportation Information).
ii. Local Preference Marketing Plan. Prepare and implement a marketing and outreach program for the rental of units that targets:
(A) Employees of businesses located within a one-half mile radius of the project; (B) Employees of the local hospitals; (C) Employees of the Santa Monica Malibu Unified School District; (D) Employees of the City’s police and fire departments; (E) Employees of businesses outside the one-half-mile radius but within the City of Santa Monica.

In leasing units, the Developer shall give priority to applicants in the foregoing categories provided that all such applicants meet generally applicable leasing qualifications and criteria imposed by the

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Packet Pg. 493 Attachment: TDM Ordinance Update 2d (7641 : TDM Ordinance - Second Reading) 51 Developer. Nothing in this Chapter shall require that any residential units be occupied by such persons.
iii. TMO Participation. Active participation in the formation and ongoing activities of a certified TMO, if established and includes the project site, including payment of annual dues at a level so that trip reduction services are provided as set forth by the TMO, attendance at organizational meeting, providing travel and parking demand data to the TMO, and making available information to project tenants relative to the services provided by the TMO.
iv. Transportation Allowance. Offer a monthly transportation allowance equal to at least 50% of the current cost of a monthly regional transit pass of the resident’s choice (e.g., Big Blue Bus 30-Day Pass, Metro EZ Pass, Metro TAP Pass or equivalent). Within the Downtown Community Plan area, the transportation allowance shall equal at least 100% of the current cost of a monthly regional transit pass of the resident’s choice (e.g. Big Blue Bus 30-Day Pass, Metro EZ Pass, Metro TAP Pass or equivalent). The transportation allowance shall be offered to all residents listed on a lease and their immediate family living at the same address. Immediate family includes spouse, partner, children, parents, grandparents, brother, sister, father-inlaw, mother-in-law, son-in-law, daughter-in-law, aunt, uncle, niece, nephew, sister-in-law, and brother-in-law. A resident accepting the transportation allowance shall not lease parking and shall be

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Packet Pg. 494 Attachment: TDM Ordinance Update 2d (7641 : TDM Ordinance - Second Reading) 52 required to execute a contract agreeing that said resident does not own or long-term lease an automobile in association with a residential use in Santa Monica and will not own or long-term lease an automobile in association with a residential use in Santa Monica for so long as they are in receipt of the transportation allowance. The contract shall also specify the resident’s non-single occupancy vehicle commute mode (e.g., transit, bike, walk). Children who reside full-time at the building shall be eligible for the transportation allowance if the parent that is primarily responsible for transporting the child is also eligible for the transportation allowance. The child’s parent or guardian shall sign an affidavit stating that the child permanently resides at the building on a full-time basis, and the child is primarily transported by a parent or guardian on the lease that is eligible for the transportation allowance. Notwithstanding the foregoing, if a project is a 100% affordable housing project, as defined by Santa Monica Municipal Code Section 9.52.020.0050, and does not include any off-site affordable units that satisfy another multiple-unit dwelling project’s obligations under Santa Monica Municipal Code Chapter 9.64, then this subsection shall not apply to require the project to offer a transportation allowance.

C. Developer TDM Plan Applicable to Project Occupants. The Developer shall ensure that compliance with the Developer TDM Plan is included as a requirement in lease documents and any other agreements for occupancy in the project in order

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Packet Pg. 495 Attachment: TDM Ordinance Update 2d (7641 : TDM Ordinance - Second Reading) 53 to inform and commit project occupants to applicable measures of the approved Developer TDM Plan.

1. All Projects. Allowing Employees and residents to participate in campaigns that promote use of carpools, vanpools, transit, walking, bicycling, carshare, bikeshare, and other trip reduction efforts.

2. Nonresidential Projects. For nonresidential projects and nonresidential components of mixed-use projects, participating in the annual project commute survey.

D. Employer Worksite Plan Consistency. Employer ERPs and submitted subsequent to the approval of a Developer TDM Plan shall be consistent with the approved Developer TDM Plan, at a minimum, unless the Director of Transportation approves alternative plan components.

E. Recording Required. Prior to Certificate of Occupancy, the Developer shall record an agreement, in a form acceptable to the City, that makes the Developer TDM Plan a condition of property ownership. The agreement shall include provisions to:

1. Guarantee adherence to the TDM objective and perpetual obligations of the Developer TDM Plan for all legal parcels within the site regardless of property ownership.

2. Inform all subsequent property owners of requirement of the Developer TDM Plan.

3. Inform the Director of Transportation of any change in ownership.

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Packet Pg. 496 Attachment: TDM Ordinance Update 2d (7641 : TDM Ordinance - Second Reading) 54 4. Identify consequences of noncompliant performance. (Added by Ord. No. 2486CCS §§ 1, 2, adopted June 23, 2015; amended by Ord. No. 2552CCS § 1, adopted August 8, 2017; Ord. No. 2606CCS § 18, adopted April 9, 2019; Ord. No. 2638CCS § 1, adopted May 26, 2020; Ord. No. 2646CCS § 4, adopted September 8, 2020)

9.53.140 Monitoring and Remedies for Violating Developer TDM Plan A. Annual Monitoring Required. Developer shall submit an annual monitoring report on the Developer TDM Plan (“Developer TDM Annual Status Report”) starting on the first anniversary of issuance of the project’s Certificate of Occupancy or Temporary Certificate of Occupancy, if applicable. The annual monitoring report shall include the following:

1. Confirmation of compliance with all Developer TDM Plan elements.

2. For nonresidential projects and nonresidential components of mixed-use projects, AVR calculations and documentation for the monitoring year based upon cumulative Employee surveys for the project undertaken for one consecutive week each year. The survey must be conducted in accordance with Section 9.53.060(B) except that Zero Emission Vehicles shall be counted as vehicles.

3. Updated statement of commitment from property owner.

4. Updated annual budget to implement Developer TDM Plan.

5. Contact information including name, e-mail address, and proof of certification of the PTC who is responsible for the preparation, implementation, and monitoring of the Developer TDM Plan.

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Packet Pg. 497 Attachment: TDM Ordinance Update 2d (7641 : TDM Ordinance - Second Reading) 55 6. Effect of the Developer TDM Plan on on-site transportation choice, parking availability, and transit ridership.

7. Updated implementation strategy.

B. Time Limits for Review. The Director of Transportation shall provide the property owner written notification indicating whether the TDM Annual Status Report is approved or deemed unacceptable within 45 calendar days of its receipt.

Alternatively, the Director of Transportation may notify the property owner in writing of an extension of this deadline of no more than 15 calendar days.

C. Violations. Violations of the Developer TDM Plan shall include but not be limited to failure to:
i. Submit a TDM Annual Status Report.
ii. Pay the Developer TDM Fee.
iii. Implement strategies contained in the Developer TDM Plan. iv. Achieve the established AVR requirement.

D. Remedies for Violation.

1. If the Developer commits a violation other than not achieving the applicable AVR target, the City shall issue a written warning and the Developer shall have 30 calendar days from receipt of the notice to correct the violation. If the Developer continues to commit the violation 60 calendar days after receipt of the first written warning, the Developer shall be subject to a fine of $5/residential unit/day and $5/Employee in the project/day. The fine shall be deposited in accordance with Section 9.53.110. In the case of mixed-use

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Packet Pg. 498 Attachment: TDM Ordinance Update 2d (7641 : TDM Ordinance - Second Reading) 56 projects that include both residential units and Employees, the fine shall be calculated separately for each use.

2. If the annual monitoring report shows that the applicable AVR Target has not been achieved for the project, then the Developer shall submit a list of modifications to the Developer TDM Plan to the Director of Transportation for approval within 60 calendar days of the report submittal. The Director of Transportation shall review the list of modifications and may also recommend modifications to the Developer TDM Plan, as appropriate, in order to ensure that the applicable AVR target is achieved. Upon approval of the requested changes, the Developer shall have 30 calendar days to implement the approved measures. Developer shall then submit a followup monitoring report within 6 months of implementation of the new measures. If the project continues to not achieve the applicable AVR Target, Developers have the option of:
a. Continuing to implement additional measures for approval by the Director of Transportation.
b. Alternatively bring the project AVR into alternative compliance through the payment of an Alternative Compliance Fee pursuant to Section 9.53.140(E).

3. If the project continues to not be in substantial compliance with the Developer TDM Plan, the City shall have the option to:
a. Withhold the issuance of building permits, certificates of occupancy, and other City issued permits or licenses.

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Packet Pg. 499 Attachment: TDM Ordinance Update 2d (7641 : TDM Ordinance - Second Reading) 57 b. Issue a stop work order.
c. Request that the City Attorney take appropriate enforcement action.

Referral to the City Attorney is not a condition precedent to any enforcement action by the City Attorney.

E. Alternative Compliance if AVR Target Is Not Achieved. If a project does not achieve the applicable AVR Target established for the project, Developer may choose to pay an Alternative Compliance Fee to off-set the AVR Target in order to achieve the AVR Target/work day. The fee shall only be applicable upon completion of a fee study and shall be established by resolution of the City Council.

The fee shall be based on the following calculation:

Step 1:

Total Number of Employee Trips Per
Week
=
Total Number of Vehicle Trips
AVR Produced by Project Per
Week
Step 2:

Total Number of Employee Trips Per
Week =
Total Number of Vehicle Trips
Allowed
AVR Target to Achieve Target AVR Per Week
Step 3:

Total Number
of Produced
Trips
-
Total Number of
Allowable Trips =
Vehicle Trip Reduction
Necessary to Achieve
AVR Target =
Daily Vehicle
Reduction Needed to
Achieve AVR Target 5
Step 4:

Alternative Compliance Fee = Compliance Fee x Daily Vehicle Reduction Needed to Achieve AVR Target x work days per year (based on 22 work days per month)

4.G.a
Packet Pg. 500 Attachment: TDM Ordinance Update 2d (7641 : TDM Ordinance - Second Reading) 58 F. Procedures for Modification of Developer TDM Plan. Developer may submit a request to modify the Developer TDM Plan with such request to be approved by the Director of Transportation. Approval to modify the Developer TDM Plan may be granted if the modifications are: (1) likely to result in the project achieving its applicable AVR Target; and (2) are equally or more effective as the measures that are being modified. Developer shall provide quantifiable evidence, analysis, or consultant report that demonstrates the requested changes will not cause the project AVR to decrease.

G. Combined TDM Annual Status Report for Multiple Projects. Upon the Director of Transportation’s approval of a written request, a Developer may submit a single TDM Annual Status Report encompassing multiple projects to the requirements of this Chapter if the projects are owned by the same Developer and located wholly within the City of Santa Monica.

H. Maintenance of Detailed Records Required. Developers must keep detailed records of the documents which verify the average vehicle ridership calculation for a period of 3 years from plan approval date. Monitoring mechanisms which verify that the Developer TDM Plan has been implemented shall be kept for a period of at least 3 years from plan approval date. Monitoring mechanisms may include, but not be limited to:

1. Printed documentation of site features (e.g., location of carpool and vanpool parking spaces).

2. Photographs of TDM program facilities (e.g., vanpool and carpool parking spaces).

4.G.a
Packet Pg. 501 Attachment: TDM Ordinance Update 2d (7641 : TDM Ordinance - Second Reading) 59 3. Field site inspections by the City.

4. Other building site reports and surveys that the City may deem appropriate.

5. Approved Developer TDM Plans must be kept at the project site by the PTC.

Failure to maintain records or falsification of records will be deemed a violation of this Chapter. (Added by Ord. No. 2486CCS §§ 1, 2, adopted June 23, 2015; amended by Ord. No. 2646CCS § 4, adopted September 8, 2020)

9.53.150 Transportation Management Organizations (TMOs) A. Employers and Developers may propose to use the services of a City-certified TMO to implement their Employer Trip Reduction Plans or Developer TDM Plans provided that membership in a City-certified TMO includes payment of annual dues at a level so that trip reduction services are provided, as set forth by the TMO.

B. The City may certify TMOs that submit a first-year work plan which outlines the following:

1. A mission statement which describes the reasons for the organization’s existence and the overriding goals of the TMO, including how the TMO will implement the goals of the LUCE and No Net New p.m. Peak Trips.

2. Goals and objectives for the first year which target achievement of the mission statement. Specific activities and tasks shall be listed to show how the members will be served by the TMO and how the TMO will help meet the area and regional transportation and air quality goals.

3. A plan for a baseline survey of commuters and Employers in the area to establish existing commuter characteristics and attitudes of commuters

4.G.a
Packet Pg. 502 Attachment: TDM Ordinance Update 2d (7641 : TDM Ordinance - Second Reading) 60 towards traffic and the use of commute options. The Employer survey shall obtain a descriptive profile of existing programs and Employer attitudes toward developing new programs.

4. The services to be provided by the TMO to its members, including the commute options to be provided and promoted, the advocacy and marketing activities planned including in-person outreach to Employees, and the role of the TMO staff in providing the services.

5. A marketing plan which creates an identity for the TMO and which describes how the TMO’s planned services will be marketed to member Employers and their Employees.

6. A monitoring and evaluation plan which will be used to measure progress against goals and objectives, including results of the TMO’s activities with each member. This plan will be used to provide annual reporting information to the City.

7. A budget which details how the work of the TMO will be accomplished, including details of public and private financing and expenditures.

C. The TMO must provide an annual report to the City to become recertified yearly.

The annual report shall include the same elements as the first year plan with the following exceptions:

1. The mission statement shall be revised based on changes in the goals and objectives of the TMO, if any.

2. The goals and objectives shall be updated to reflect progress and changes in the TMO services.

4.G.a
Packet Pg. 503 Attachment: TDM Ordinance Update 2d (7641 : TDM Ordinance - Second Reading) 61 3. The baseline survey need not be repeated; however, the annual report shall include follow-up monitoring and evaluation activities related to the baseline survey.

4. The evaluation and results shall be discussed and used to describe the next year’s planned activities. (Added by Ord. No. 2486CCS §§ 1, 2, adopted June 23, 2015; amended by Ord. No. 2646CCS § 4, adopted September 8, 2020)
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 5. If any section, subsection, sentence, clause or phrase of this Ordinance is for any reason held to be invalid or unconstitutional by a decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this Ordinance. The City Council hereby declares that it would have passed this Ordinance and each and every section, subsection, sentence, clause, or phrase not declared invalid or unconstitutional without regard to whether any portion of the ordinance would be subsequently declared invalid or unconstitutional.

SECTION 6. The Mayor shall sign and the City Clerk shall attest to the passage of the Ordinance. The City Clerk shall cause the same to be published once in the official newspaper within 15 days after its adoption. This Ordinance shall become effective thirty days after adoption.

4.G.a
Packet Pg. 504 Attachment: TDM Ordinance Update 2d (7641 : TDM Ordinance - Second Reading) 62 APPROVED AS TO FORM:
________________________

HEIDI VON TONGELN
City Attorney

4.G.a
Packet Pg. 505 Attachment: TDM Ordinance Update 2d (7641 : TDM Ordinance - Second Reading) City Council
Report
City Council Meeting: April 14, 2026
Agenda Item: 4.H
1 of 1
To: Mayor and City Council
From: Heidi Von Tongeln, City Attorney, City Attorney's Office, Administration Subject: Second Reading and Adoption of an Ordinance to Amend Santa Monica Municipal Code Chapter 2.04 Relating to Civil Service Appointment and Promotional Rules
Recommended Action
Staff recommends that the City Council adopt the attached Ordinance.

Executive Summary
At its meeting on March 24, 2026, the City Council introduced for first reading an Ordinance amending Santa Monica Municipal Code Chapter 2.04 relating to Civil Service Appointment and Promotional Rules. The ordinance is now presented to the City Council for adoption.

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

A. Rule of Three (SMMC 2.04) Ordinance 2d

4.H
Packet Pg. 506
1 City Council Meeting: April 14, 2026 Santa Monica, California ORDINANCE NUMBER _________ (CCS)
(City Council Series)

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
SANTA MONICA AMENDING CHAPTER 2.04 OF THE

SANTA MONICA MUNICIPAL CODE RELATING TO

CIVIL SERVICE APPOINTMENT AND PROMOTIONAL RULES
WHEREAS, Article XI of the Charter of the City of Santa Monica (City Charter), contains the establishing and enabling provisions of the Civil Service for City employees and Santa Monica Municipal Code Chapter 2.04 comprises the City’s Manual of Civil Service Rules and Regulations (Civil Service Rules); and WHEREAS, pursuant to Ordinance No. 2664 (CCS), for the November 3, 2020 General Municipal Election, the City Council placed before the voters Ballot Measure AB to remove from the City Charter the appointment and promotional rules contained in sections 1107 and 1108 and instead merge them with the existing Civil Service provisions in the Santa Monica Municipal Code that implement said rules, in order for the City to facilitate future amendments to the Civil Service Rules regarding hiring and promotional processes; and
WHEREAS, Measure AB was passed by the voters to amend City Charter section 1107 and repeal section 1108; and
WHEREAS, the amendments contained in this Ordinance are not intended to, and do not, alter terms and conditions of City employment; instead, these amendments: (1) are intended to follow through on the City’s intent upon passage of Measure AB to merge the appointment and promotional rules from the City Charter into the existing Civil Service provisions that implement said rules; (2) maintain the status quo relative to the City’s

4.H.a
Packet Pg. 507 Attachment: Rule of Three (SMMC 2.04) Ordinance 2d (7642 : Civil Service Updates - Second Reading) 2 current hiring and promotional processes; and (3) remove outdated references in the Civil Service Rules to repealed City Charter section 1108;

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

SECTION 1. Santa Monica Municipal Code Section 2.04.080 is hereby amended to read as follows:

Appointments or promotions to permanent positions in
the Classified Service shall be determined by competitive examination. Any exceptions must be authorized by the
Personnel Board, upon recommendation of the Director of Human Resources and the department head who is the
appointing authority for the permanent position. Competitive examinations will include the consideration and rating of any or all of the following factors: education, experience, knowledge, skill, special aptitude, general adaptability, physical or psychological fitness as provided by applicable law, and such other qualifications as are considered
necessary by the Human Resources Director for satisfactory performance. Examinations shall be administered fairly to all invited applicants who participate in the examination. The identity of applicants shall be protected when scoring written examinations. Promotional examinations shall be limited to non-probationary employees with permanent Civil Service

4.H.a
Packet Pg. 508 Attachment: Rule of Three (SMMC 2.04) Ordinance 2d (7642 : Civil Service Updates - Second Reading) 3 status who have the required experience and meet the
qualifications for the position. Promotions shall be on the basis of ascertained merit, credit, and seniority in service and examination, in accordance with section 2.04.240.

Applicants may be tested together or separately.

Examinations may consist of written tests, performance
tests, evaluation of qualifications, or oral tests, or any combination of these.

Credit shall be allowed for seniority as set forth in an administrative instruction.

SECTION 2. Santa Monica Municipal Code Section 2.04.140 is hereby amended to read as follows:

All appointments to a Classified Service position must
be made from one of the lists of eligible applicants described below.

An examination shall be held as soon as feasible to
establish an eligibility list when there is no re-employment list, transfer list, promotional list, or open competitive eligible list available with which to fill a vacant position. Eligibility lists shall be used by the Human Resources Director to fill vacant positions in the following order:
(a) Re-employment list;
(b) Transfer list;

4.H.a
Packet Pg. 509 Attachment: Rule of Three (SMMC 2.04) Ordinance 2d (7642 : Civil Service Updates - Second Reading) 4 (c) Promotional list;
(d) Open competitive list.

The names of the three highest ranking eligibles shall
be certified to the department head for the selection from a transfer list or a promotional list. The names of the eligibles in the top three bands shall be certified to the department head from an open competitive list. Only the highest ranking name shall be certified from a re-employment list. No
candidate may be certified more than three times for any one Classified Service position.

SECTION 3. Santa Monica Municipal Code Section 2.04.180 is hereby amended to read as follows:

When an eligible list for a particular classification is not available, or to otherwise meet the needs of public business, the appointing authority may make a temporary appointment for a period not to exceed 180 calendar days, or 960 hours per fiscal year consistent with applicable State law, subject to the approval of the Human Resources
Director and the City Manager and in accordance with rules adopted by the Personnel Board.

SECTION 4. Santa Monica Municipal Code Section 2.04.250 is hereby amended to read as follows:

4.H.a
Packet Pg. 510 Attachment: Rule of Three (SMMC 2.04) Ordinance 2d (7642 : Civil Service Updates - Second Reading) 5 The appointing authority shall use an open
competitive list to fill a vacancy when it cannot be filled by using a reemployment or promotional list. If less than three bands are on an open competitive list, the appointing
authority may request the establishment of a new eligible list.

SECTION 5. 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 6. If any section, subsection, sentence, clause, or phrase of this Ordinance is for any reason held to be invalid or unconstitutional by a decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this Ordinance. The City Council hereby declares that it would have passed this Ordinance and each and every section, subsection, sentence, clause, or phrase not declared invalid or unconstitutional without regard to whether any portion of the ordinance would be subsequently declared invalid or unconstitutional.

SECTION 7. The Mayor shall sign and the City Clerk shall attest to the passage of this Ordinance. The City Clerk shall cause the same to be published once in the official newspaper within 15 days after its adoption. This Ordinance shall become effective 30 days from its adoption.

APPROVED AS TO FORM:
_________________________

HEIDI VON TONGELN
City Attorney

4.H.a
Packet Pg. 511 Attachment: Rule of Three (SMMC 2.04) Ordinance 2d (7642 : Civil Service Updates - Second Reading) City Council
Report
City Council Meeting: April 14, 2026
Agenda Item: 4.I
1 of 1
To: Mayor and City Council
From: Heidi Von Tongeln, City Attorney, City Attorney's Office, Administration Subject: Second Reading and Adoption of an Ordinance to Provide for Additional Regulations Related to Sitting and Lying in the Public Right-of-Way and Possession of Open Alcoholic Beverage Containers to Coordinate with the Establishment of Entertainment Zones and Upcoming Major Events Recommended Action
Staff recommends that the City Council adopt the attached Ordinance.

Executive Summary
At its meeting on March 24, 2026, the City Council introduced for first reading an Ordinance to provide for additional regulations related to sitting and lying in the public right-of-way and possession of open alcoholic beverage containers to coordinate with the establishment of Entertainment Zones and upcoming major events. The ordinance is now presented to the City Council for adoption.

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

A. ORD-Public Spaces for Realignment Plan 2d

4.I
Packet Pg. 512
1 City Council Meeting April 14, 2026 Santa Monica, California ORDINANCE NUMBER _________ (CCS)
(City Council Series)

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF

SANTA MONICA AMENDING THE SANTA MONICA MUNICIPAL CODE TO PROVIDE

FOR ADDITIONAL REGULATIONS RELATED TO SITTING AND LYING IN THE

PUBLIC RIGHT-OF-WAY AND POSSESSION OF OPEN ALCOHOLIC BEVERAGE

CONTAINERS TO COORDINATE WITH THE ESTABLISHMENT OF

ENTERTAINMENT ZONES AND UPCOMING MAJOR EVENTS
WHEREAS, the economic downturn starting with the COVID-19 pandemic, exacerbated by the 2025 Southern California wildfires, and continuing economic challenges nationwide, has had a devastating impact on Santa Monica’s restaurants, bars, and entertainment venues; and
WHEREAS, finding new ways to attract residents, workers, and visitors to our downtown and neighborhood commercial corridors will be critical to the continued recovery of the City’s nightlife sector and economy; and WHEREAS, across the country, numerous states, including Michigan, Ohio, North Carolina, and Kansas, have found success enlivening communities through the designation of areas where businesses may sell alcoholic beverages for consumption within public spaces adjacent to their licensed premises; and WHEREAS, in 2025, the State of California adopted Senate Bill 969, which authorizes cities and counties to create, by ordinance, Entertainment Zones to enable restaurants and bars to sell open containers of approved alcoholic beverages for consumption within Entertainment Zones; and

4.I.a
Packet Pg. 513 Attachment: ORD-Public Spaces for Realignment Plan 2d [Revision 1] (7640 : Sit-Lie Ordinance - Second Reading) 2 WHEREAS, the continued impact of the pandemic, along with the impacts of the 2025 California wildfires, have resulted in businesses, and particularly restaurants and entertainment venues, suffering significant economic hardships; and WHEREAS, allowing people to buy open container drinks from local bars, restaurants, wineries, and breweries and enjoy them outside in designated public spaces during certain hours for the purpose of creating active, commercial corridors, will stimulate economic recovery; and
WHEREAS, on May 13, 2025, the City Council adopted Ordinance No. 2811 (CCS) (“Ordinance No. 2811”), which added Santa Monica Municipal Code Chapter 6.44, Entertainment Zones, to allow for the establishment of Entertainment Zones within the city in accordance with State law; and
WHEREAS, Ordinance No. 2811 was the first Entertainment Zone Ordinance in Southern California and established an initial entertainment zone on the Third Street Promenade; and
WHEREAS, the City is anticipating establishing Entertainment Zones along commercially-zoned portions of Main Street and Montana Avenue; and WHEREAS, over the next several years, the Los Angeles region will become a global stage for some of the world’s most watched sporting and cultural events, which will draw millions of visitors, concentrate international media attention, and generate significant economic activity across Southern California; and WHEREAS, on December 16, 2025, the City Council discussed the City’s participation in these upcoming events, beginning with activities on the Pier to support the FIFA World Cup in June and July 2026; a collaboration to produce a new music and

4.I.a
Packet Pg. 514 Attachment: ORD-Public Spaces for Realignment Plan 2d [Revision 1] (7640 : Sit-Lie Ordinance - Second Reading) 3 cultural festival series on Santa Monica beach in the Fall of 2026; a week of fan-focused programming and broadcast activity on the Pier as part of Super Bowl LXI, which is scheduled to return to SoFi Stadium in February 2027; and summer 2028, when the Olympic and Paralympic Games will bring global audiences, cultural festivals, and hospitality activations to venues throughout the region; and WHEREAS, public sidewalks are created and maintained for the primary purpose of enabling pedestrians to safely and efficiently move about from place to place; and WHEREAS, ensuring the free flow of pedestrian traffic on sidewalks promotes public safety by minimizing the risk that pedestrians will jostle one another, collide, trip, or fall, and ensuring that persons may move safely away from dangerous situations which may occur on or near public streets and sidewalks; and
WHEREAS, ensuring the free flow of pedestrian traffic is particularly important to the safety of the elderly, the very young, the disabled, vision-impaired persons, and others who are less able to navigate through crowds and around obstacles or hazards and who are particularly jeopardized by having to navigate off and onto curbs when sidewalks are blocked; and
WHEREAS, paragraph (a) of Santa Monica Municipal Code Section 3.12.360, Obstructing, leaving or placing property on, or sitting or lying on public rights-of-way or public property, prohibits obstructing the public right-of-way by sitting and lying on public sidewalks within the Downtown and in the Third Street Promenade roadway; and WHEREAS, on July 25, 2017, the City Council adopted the Downtown Community Plan, which expanded the boundaries of the City’s Downtown; and

4.I.a
Packet Pg. 515 Attachment: ORD-Public Spaces for Realignment Plan 2d [Revision 1] (7640 : Sit-Lie Ordinance - Second Reading) 4 WHEREAS, like the Downtown, including the Promenade, Main Street and Montana are pedestrian-serving commercial districts with sustained high foot traffic; and WHEREAS, unlike the Promenade, because Main Street and Montana are not pedestrian malls, and obstruction of pedestrian access routes on these corridors increases the likelihood that pedestrians will divert into travel lanes, increasing exposure to vehicular conflict; and
WHEREAS, according to the City’s adopted Pedestrian Action Plan, the sidewalk segments along these corridors are both significantly less than the minimum width to accommodate heavy pedestrian volumes; and
WHEREAS, amending Section 3.12.360(a) to include the Downtown as defined by the Downtown Community Plan and the commercially-zoned portions of Montana Ave and Main Street will maintain ADA compliant access, preserve pedestrian throughput capacity, align with the upcoming establishment of Entertainment Zones, and protect the public’s safety; and
WHEREAS, the City wishes to further amend Section 3.12.360 to confirm that its provisions are not enforced against individuals who are merely sitting or lying who are not impeding the flow of traffic and to make other minor amendments for consistency with other provisions of the Municipal Code, including deleting references that no longer exist; and
WHEREAS, California Business and Professions Code Section 25620 prohibits possession of open alcoholic beverage containers within public parks, public recreational areas, and other public places owned by a city or county, if the city or county enacts local legislation enabling the enforcement of Section 25620 within its jurisdiction; and

4.I.a
Packet Pg. 516 Attachment: ORD-Public Spaces for Realignment Plan 2d [Revision 1] (7640 : Sit-Lie Ordinance - Second Reading) 5 WHEREAS, Section 25620 has been an important law enforcement tool for combating public intoxication; and
WHEREAS, City police officers and park rangers regularly contact persons carrying open containers while on public property; and
WHEREAS, persons carrying open containers inevitably drink from them while on public property, potentially leading to public intoxication and endangering the health and safety of the intoxicated person and the public at large; and WHEREAS, the prohibition against possession of open alcoholic beverage containers set forth in Santa Monica Municipal Code Section 4.08.200(b) is limited to the City’s public parks or beach; and
WHEREAS, Section 4.08.200 provides for exemptions for areas covered by a Cityissued license, permit or lease, and for persons carrying open containers to a recycling location; and
WHEREAS, extending the prohibition against possession against open alcoholic beverage containers to areas upon or within any public property, including, but not limited to: streets, alleyways, sidewalks, parkways, public buildings, public lavatories, parking facilities, parks, and beaches while expanding exemptions under 4.08.200 to include areas located within an Entertainment Zone will align with the provisions of state law while furthering the success of Entertainment Zones throughout the City.

4.I.a
Packet Pg. 517 Attachment: ORD-Public Spaces for Realignment Plan 2d [Revision 1] (7640 : Sit-Lie Ordinance - Second Reading) 6 NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SANTA MONICA DOES HEREBY ORDAIN AS FOLLOWS:

SECTION 1. Santa Monica Municipal Code Section 3.12.360 is hereby amended to read as follows:

3.12.360 Obstructing, leaving or placing property on, or sitting or lying on public rights-of-way or public property.
a. Sitting or Lying on Certain Public Sidewalks or In the Third Street Promenade Roadway.

1. The provisions of this paragraph shall apply to the following areas located within the City:

A. Downtown, consisting of the area bounded by and including the west side of Ocean Avenue, the north side of Wilshire Boulevard, the east side of Lincoln Boulevard, and the south side of Pico Boulevard;
B. Main Street from between Colorado Avenue and the City Limits at Dewey Street; and
C. Montana Avenue between 6th Street and 17th Street.

2. During the hours between six a.m. and one a.m., no person shall:

A. Sit or lie down upon a public sidewalk or on the Third Street Promenade roadway in a manner that impedes or obstructs pedestrian or vehicular traffic or access to any building, outdoor use area or facility; B. Sit or lie down upon a blanket, chair, stool, bench or any other object placed or installed on a public sidewalk in a manner that impedes or obstructs

4.I.a
Packet Pg. 518 Attachment: ORD-Public Spaces for Realignment Plan 2d [Revision 1] (7640 : Sit-Lie Ordinance - Second Reading) 7 pedestrian or vehicular traffic or access to any building, outdoor use area or facility; or
C. Sit, stand, lie down upon or otherwise be present upon any planting, railing, topiary or statue placed upon or installed.

3. The prohibition contained in this Section shall not apply to any person:

A. Sitting or lying down on a public sidewalk or the Third Street Promenade roadway due to a medical emergency;
B. Utilizing a wheelchair, walker or similar device to move about the public sidewalk or the Third Street Promenade roadway as the result of a disability; C. Sitting while operating or patronizing a commercial establishment or business conducted on the public sidewalk or Third Street Promenade roadway pursuant to a street use permit, license or other City-issued authorization; D. Sitting while participating in or attending a parade, festival, rally, demonstration, meeting or similar special event lawfully conducted pursuant to a City-issued permit or license on the public sidewalk or Third Street Promenade roadway;
E. Sitting on a bollard, chair or bench located on the public sidewalk or Third Street Promenade roadway and which is supplied or authorized by a public agency;
F. Sitting on a ledge, step or other masonry surface which borders the fountains or topiary planters on the public sidewalk or Third Street Promenade roadway;

4.I.a
Packet Pg. 519 Attachment: ORD-Public Spaces for Realignment Plan 2d [Revision 1] (7640 : Sit-Lie Ordinance - Second Reading) 8 G. Sitting on a public sidewalk within a bus stop zone while waiting for public or private transportation; or
H. Giving a street performance pursuant to a permit issued by the City. b. Except as otherwise permitted by this Code or City contract, no person shall upon any public sidewalk, street, right-of-way, streetscape, public building, or other public facility:

1. Leave any property or other item unattended for a period of longer than ten minutes;

2. Place any property or other item(s) unless the item(s) can promptly and safely be transported or removed all at once within three minutes. c. No person shall block or obstruct any public sidewalk so that less than a four-foot contiguous sidewalk width is kept clear for pedestrian passage at all times.

1. Conduct prohibited by this subsection includes, but is not limited to, blocking or obstructions caused by:

A. Placing any property, material, or other item upon any public sidewalk; or
B. Sitting or lying down upon any public sidewalk; or
C. Sitting or lying down upon a blanket, chair, stool, bench or any other portable object placed on a public sidewalk; or
D. Performing sit-ups, push-ups, weight training or similar stationary exercise activity upon any public sidewalk.

2. The prohibitions contained in this subsection shall not apply to any person:

4.I.a
Packet Pg. 520 Attachment: ORD-Public Spaces for Realignment Plan 2d [Revision 1] (7640 : Sit-Lie Ordinance - Second Reading) 9 A. Sitting or lying on a public sidewalk due to a medical emergency or as permitted by Federal, State or local law; or
B. Sitting or lying on a public sidewalk while participating in or attending a parade, festival, rally, demonstration, meeting or activity lawfully conducted pursuant to a City-issued permit or license on the public sidewalk; or C. Sitting on a public sidewalk within a bus stop zone while waiting for public or private transportation.
d. No person shall place any device on a public sidewalk for displaying or distributing goods, written materials, merchandise, food, or any other item except a portable table or cart which is utilized in accordance with the following criteria:

1. The table or cart shall be located:

A. At least ten feet from the outer edge of any entrance of any business, including, but not limited to, doors, vestibules, driveways, outdoor dining area entries, and emergency exits, during the hours that any business on the premises is open to the public or to persons having or conducting lawful business on those premises;
B. At least ten feet from any bus stop;
C. At least ten feet from any street corner or a marked pedestrian crosswalk;
D. So that a curb cut is not blocked or obstructed.

2. The table or cart shall not be larger than four feet in width by four feet in length by three feet in height.

4.I.a
Packet Pg. 521 Attachment: ORD-Public Spaces for Realignment Plan 2d [Revision 1] (7640 : Sit-Lie Ordinance - Second Reading) 10 3. No structures shall be attached to the table or cart. No other structure may be used to display the items. The display area, including the table or cart, shall be maintained in a neat and presentable manner. None of the items shall be displayed in an area other than upon the table or cart, including, but not limited to, in display racks on the sidewalks or in the hanging of the items from a building or fence or other structure. Any boxes or accessory items shall be stored entirely beneath the table or cart and shall not be stored or piled alongside, of, behind, or in front of the table or cart. The items may be stacked on the table or cart, provided that each stack shall not exceed the height of twelve inches. Signs may be attached to the side of or on top of the table or cart. No signs may extend higher than the top of the table or cart and no signs may be affixed to City facilities.

The site shall be kept clean and all rubbish shall be deposited in proper receptacles regularly during the day and prior to departing the site each day. Two chairs may also be utilized. The chairs may be placed behind or next to (but not in front of) the table or cart.

4. No person shall utilize sandwich board signs (“A” frames), canopies, freestanding umbrellas, tents, and similar coverings unless such use is authorized by a street use permit, license, or other City-issued authorization.

5. The table, cart, and all the person’s other items shall be capable of being transported or removed at one time.

6. This Section shall not apply to vendors regulated by Chapter 6.36. e. No person shall block or obstruct vehicular access to or from any driveway.

1. Conduct prohibited by this Section includes, but is not limited to, blocking or obstructions caused by:

4.I.a
Packet Pg. 522 Attachment: ORD-Public Spaces for Realignment Plan 2d [Revision 1] (7640 : Sit-Lie Ordinance - Second Reading) 11 A. Placing any property, material, or other item upon any public sidewalk; or
B. Sitting or lying down upon any public sidewalk; or
C. Sitting or lying down upon a blanket, chair, stool, bench or any other object placed on a public sidewalk; or
D. Performing sit-ups, push-ups, weight training or similar stationary exercise activity upon any public sidewalk.

2. The prohibitions contained in this subsection shall not apply to any person sitting or lying on a public sidewalk due to a medical emergency.

3. This subsection neither applies to any vehicle that blocks or obstructs any driveway, nor prohibits enforcement of any other applicable law, including Vehicle Code Section 22651.

SECTION 2. Santa Monica Municipal Code Section 4.08.200, Drinking upon Public Property, is hereby amended to read as follows:

4.08.200 Drinking upon public property.
a. No person shall drink any alcoholic beverage upon or within any public property, including, but not limited to: streets, alleyways, sidewalks, parkways, public buildings, public lavatories, parking facilities, parks, and beaches. b. No person shall possess any can, bottle, or other receptacle containing any alcoholic beverage that has been opened, or a seal broken, or the contents of which have been partially removed within any public property, including, but not limited to: streets, alleyways, sidewalks, parkways, public buildings, public lavatories, parking facilities, parks, and or beaches.

4.I.a
Packet Pg. 523 Attachment: ORD-Public Spaces for Realignment Plan 2d [Revision 1] (7640 : Sit-Lie Ordinance - Second Reading) 12 c.   This Section shall not apply to:

1.   Any person on public property located within an Entertainment Zone established by Santa Monica Municipal Code Chapter 6.44, Entertainment Zones in accordance with the rules and regulations of the applicable Entertainment Zone;

2. Any person on public property occupied pursuant to a lease, permit or license from the City when such lease, permit or license permits the sale and consumption of such beverages; or

3. Any person in possession of an alcoholic beverage container for the purpose of recycling the container or other related activity. d. Any person violating this Section shall be guilty of an infraction. Any person convicted of an infraction under this Section shall be punishable by a fine of not more than one hundred dollars. Each such person shall be guilty of a separate offense for each and every commission of any violation of any provision of this Section and shall be punished accordingly
SECTION 3. Any provision of the Santa Monica Municipal Code or appendices thereto inconsistent with the provisions of this Ordinance, to the extent of such inconsistencies and no further, is hereby repealed or modified to that extent necessary to effect the provisions of this Ordinance.

SECTION 4. If any section, subsection, sentence, clause, or phrase of this Ordinance is for any reason held to be invalid or unconstitutional by a decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this Ordinance. The City Council hereby declares that it would have passed this Ordinance and each and every section, subsection, sentence, clause, or phrase not

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Packet Pg. 524 Attachment: ORD-Public Spaces for Realignment Plan 2d [Revision 1] (7640 : Sit-Lie Ordinance - Second Reading) 13 declared invalid or unconstitutional without regard to whether any portion of the ordinance would be subsequently declared invalid or unconstitutional.

SECTION 5 The Mayor shall sign and the City Clerk shall attest to the passage of this Ordinance. The City Clerk shall cause the same to be published once in the official newspaper within 15 days after its adoption. This Ordinance shall become effective 30 days from its adoption.

APPROVED AS TO FORM:
_________________________

HEIDI VON TONGELN
City Attorney

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Packet Pg. 525 Attachment: ORD-Public Spaces for Realignment Plan 2d [Revision 1] (7640 : Sit-Lie Ordinance - Second Reading) 1 March 24, 2026
(NOT APPROVED)

CITY OF SANTA MONICA

CITY COUNCIL MINUTES
MARCH 24, 2026
A regular meeting of the Santa Monica City Council was called to order by Mayor Torosis at 5:35 p.m., on Tuesday, March 24, 2026, at City Council Chambers, 1685 Main Street, Santa Monica, CA.

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

STATEMENT OF

ACCOUNTABILITY
(LAND

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

LEVINE ACT

DISCLOSURE
No Councilmembers made disclosures regarding the Levine Act (Govt Code Section 84308).

PUBLIC INPUT FOR

GENERAL PUBLIC

COMMENT AND

SPECIAL AGENDA
ITEMS:

There were no members of the public present to comment on Special Agenda items.

Members of the public Naomi Meurice, Andrew Hoyer, Andrew Gledhill, Bill Davids, Lizzy Moore, Karen Shilo, Richard Wiens, Bryan Neville, Johnathan Foster, Morgan Hunter Gross, Daisy the Venice Healer, Doug Trussler, Karen Melick, Denise Barton, Jerry Rubin, John Medlin, John Cyrus Smith, Frank Meley, and Jerald Baker commented on various local issues.

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PROCLAMATIONS/

COMMENDATIONS/

SPECIAL AGENDA
ITEMS

2.A. Proclamation: Proclaiming March 31, 2026 as National Transgender Day of Visibility (TDOV), was presented.

PUBLIC INPUT FOR

CONSENT CALENDAR

AND CLOSED SESSION
ONLY:

Members of the public Morgan Hunter Gross commented on Consent Calendar items.

There were no members of the public present to comment on Closed Session items.

AGENDA

MANAGEMENT
Motion by Councilmember Hall, seconded by Councilmember Snell, to move the City Manager report and pet of the week and the Mayor’s Highlight before General Public Input; to hear part of Closed session not heard after an hour to the end of the meeting, and to continue all appointments, except the Landmarks commission. The motion was unanimously approved by voice vote, with all members present.

CITY MANAGER
REPORT
The City Manager Report was presented.

COUNCIL TRAVEL
MAYOR’S HIGHLIGHT
Councilmembers Negrete and Snell reported that they traveled to Washington D.C. for the National League of Cities conference, where they met with Congressman Ted Lieu and Senators Adam Shiff and Alex Padilla.

They were not able to discuss issues of funding during a time when the Federal government’s budget is frozen Representing Santa Monica, they discussed everything from a new bus stop on PCH to affordable housing.

Also, along with the League of California Cities, showed support for larger California interest.

Councilmember Zernitskaya attended the Annual Civic Well Conference in Yosemite National Park. The theme this year was Climate Resiliency. Last year’s theme was emergency preparedness, and in light of the fires, they were able to learn a lot from those who had been through the fires. She learned about Climate Resiliency and a lot of pro-environmental policies.

The Mayor recognized Virginia Avenue Park and the many projects their staff is able to execute for the community.

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

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

Councilmember Hall recused himself from items 4.H. and 4.I., out of an

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abundance of caution because Kaiser Permanente and Cumins’s are clients of his employer.

Councilmember Raskin recused himself from 4.H. because his law firm Hansen Brigade LLP also represents Kaiser Permanente in unrelated matters.

Motion by Councilmember Negrete, seconded by Councilmember Snell, to approve the Consent Calendar except for Items 4.B, 4.C., 4.H. 4.I, and, 4.K. reading resolutions by title only and waiving further reading thereof. The motion was approved by the following vote:

AYES: Councilmembers Negrete, Hall, Raskin, Snell, Zernitskaya, Mayor Pro Tem Zwick, Mayor Torosis
NOES: None
ABSENT: None
MINUTES 4.A. City Council - Regular Meeting - Feb 24, 2026 5:30 PM, were approved.

PERMITTING

SOFTWARE

4.B. Award Contract to Clariti Software, Inc. for Permitting Software Licensing, Maintenance, and Support for Permitting and Land Use Management System, was pulled at the request of staff.

Recommended Action
Staff recommends that the City Council:

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

2. Authorize the City Manager to negotiate and execute an agreement with

3. Clariti Software, Inc., for software licensing, maintenance, and support services associated with the City’s permitting and land use management system for the Information Services Department. This recommended award is made as an exception to the competitive bidding process pursuant to Section 2.24.250(b), and is for a total amount not to exceed $1,403,705 (including a $127,610
contingency) for three years, with future year funding contingent on Council budget approval.

VEHICLE BODY WORK
& UPFITTING SERVICES

4.D. Award RFB #4503 and Authorize the City Manager to enter into Agreement No. 11815 (CCS) with Westway Auto Body and Paint Shop, Inc., for Vehicle Body Work, Repair, Paint, and New Vehicle Upfitting Services, was approved.

Recommended Action
Staff recommends that the City Council:

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

2. Award Bid# 4503 to Westway Auto Body and Paint Shop, Inc. (Westway) for vehicle body work, repair, paint and new vehicle upfitting for the Public Works Department; and

3. Authorize the City Manager to negotiate and execute Agreement No. 11815 (CCS) with Westway, in an amount not to exceed $2,820,077 (including a $256,371contingency) over a five-year period, with future year funding contingent on Council budget approval.

CITY YARDS

MODERNIZATION

PROJECT

4.E. Approval of the Seventh Modification to Agreement No. 10371 (CCS) with Hathaway Dinwiddie Construction Company for Additional Design and Construction Services for the City Yards Modernization Project, was approved.

Recommended Action
Staff recommends that City Council:

1. Adopt a finding that the Microgrid and Water Resources Tenant improvements were analyzed as part of the City Yards Master Plan Environmental Impact Report (EIR) and Addendum, and no further review is required pursuant to the California Environmental Quality Act (CEQA); and

2. Authorize the City Manager to negotiate and execute a seventh modification to Design-Build Contract No. 10371 (CCS) in the amount of $2,070,157 with Hathaway Dinwiddie Construction Company for additional design and construction services of the Microgrid and Water Resources Tenant Improvements as part of the City Yards Modernization Project for the Public Works Department.

This would result in a new total amount not to exceed $100,743,196, with future funding contingent on Council budget approval.

REGIONAL FIRES

EMERGENCY

PROCLAMATION

4.F. Adoption of Resolution No. 11741 (CCS) Ratifying Regional Fires Emergency Proclamation and Supplements, was adopted.

Recommended Action
Staff recommends that the City Council:

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

2. Adopt proposed Resolution No. 11741 (CCS) 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.

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HOMELESSNESS

EMERGENCY

PROCLAMATION

4.G. Adoption of Resolution No. 11742 (CCS) Ratifying Homelessness Emergency Proclamation, was adopted.

Recommended Action
Staff recommends that the City Council:

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

2. Adopt proposed Resolution No. 11742 (CCS) ratifying the 2025 Proclamation of the City Council of the City of Santa Monica Declaring a Local Emergency on Homelessness.

PARKING CITATION

PROCESSING &

AUTOMATED BIKE

LANE ENFORCEMENT

CITATIONS

4.J. Approval of Second Modification of Agreement No. 11031 (CCS) with Modaxo for Parking Citation Processing and Automated Bike Lane Enforcement Citations for the Department of Transportation, was approved.

Recommended Action
Staff recommends that the City Council:

1. Adopt a finding of Categorical Exemption pursuant to Section 15321 (Enforcement Actions by Regulatory Agencies) of the California Environmental Quality Act (CEQA) Guidelines.

2. Authorize the City Manager to negotiate and execute a second modification to Agreement No. 11031 (CCS) in the amount of $120,000 with Modaxo Corporation for parking citation processing and payment services for automated bike lane enforcement citations for the Department of Transportation. This will result in a nine-year amended agreement with a new total amount not to exceed $13,520,000 with future year funding contingent on Council budget approval.

LEASE AGREEMENT 4.K. Approval of Lease Agreement with California Roadhouse, Inc. for 256 Santa Monica Pier, was pulled at the request of staff.

Recommended Action
Staff recommends that City Council:

1. Adopt a finding of categorical exemption pursuant to Section 15301 of the California Environmental Quality Act (CEQA) Guidelines

2. Authorize the City Manager to negotiate and execute a Lease Agreement with California Roadhouse, Inc. for 256 Santa Monica Pier.

AI PLAN CHECK

REVIEW SERVICES

4.L. Award and Authorize the City Manager to Negotiate and enter into Agreement No. 11820 (CCS) with Archistar to Provide AI Plan Check Review Services, was approved.

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Recommended Action
Staff recommends that City Council:

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

2. Authorize the City Manager to negotiate and execute a five-year agreement with Archistar, Inc. for AI-assisted plan check review.

This recommended award is made as an exception to the competitive bidding process pursuant to Santa Monica Municipal Code (SMMC) Section 2.24.250(g) and is for a total amount not-to-exceed $528,000 with future year funding contingent on Council budget approval.

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

CITY ATTORNEY

APPOINTMENT

4.M. Appointment of City Attorney and Authorization to Execute Agreement No. 11821 (CCS), was approved.

Recommended Action
Staff recommends that Council:

1. Appoint Heidi von Tongeln as City Attorney commencing on March 22, 2026; and

2. Authorize the Mayor to execute an employment agreement with Ms. von Tongeln for her service as City Attorney.

LEASE ASSIGNMENT

AND AMENDMENT

4.N. Approval of Assignment and Amendment of Lease Agreement No. 11822 (CCS) for the Victorian, Located at 2640 Main Street, was approved.

Recommended Action
Staff recommends that City Council:

1. Adopt a finding of categorial exemption pursuant to Section 15301 of the California Environmental Quality Act (CEQA) Guidelines;

2. Authorize the City Manager to negotiate and execute Assignment and Amended Lease Agreement No. 11822 (CCS) to transfer the leasehold interest for 2640 Main Street from Ocean Park Restaurant Corporation (OPRC) to The Santamonican Club, LLC, a California limited liability company; and,

3. Authorize the City Manager to accept payment of $278,094 for outstanding back rent due under the existing Lease Agreement with OPRC.

MINUTES 4.O. Minutes of the City Council - Regular Meeting - Mar 10, 2026, 5:30 PM, were approved.

MINUTES 4.P. Minutes of the City Council - Special Meeting - Mar 10, 2026, 5:35 PM, were approved.

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ANNUAL

COMPREHENSIVE

FINANCIAL REPORT

4.C. Annual Comprehensive Financial Report (ACFR) for Year Ended June 30, 2025 City of Santa Monica, was presented.

Recommended Action
Staff recommends that the City Council:

1. Adopt a finding that the Annual Comprehensive Financial Report is not a “project” subject to the California Environmental Quality Act (CEQA), and

2. Receive and file the City’s Annual Comprehensive Financial Report (ACFR), the Auditors’ Letter to Council, and the Independent Auditors’ Report on Internal Control Over Financial Reporting and on Compliance and Other Matters Based on an Audit of Financial Statements Performed in Accordance with Government Auditing Standards for the City’s financial statements for the fiscal year ended June 30, 2025.

This item was pulled by Councilmember Hall to ask questions of staff including: is Santa Monica going broke; what is the Rainy Day fund and what condition is it in; why does tourism matter so much to City finances; what does it mean that the pension plans are "80% funded; what does a "Negative Outlook" from Moody's and Fitch actually mean for residents; what is the GFOA certificate of achievement and what does it mean; would you agree that the actions we are taking now and will be discussing in the Realignment Plan update reduce the likelihood that the City will have to make sudden cuts to services or staff in the future; are we in the clear financially; what does it mean to have an unmodified opinion from our financial statements with zero material weaknesses; and, how long has the city had an audit letter like this.

Motion by Councilmember Hall, seconded by Councilmember Zernitskaya, to approve the recommended action. The motion was approved by the following vote:

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

OCCUPATIONAL

MEDICAL TESTING

PROGRAM SERVICES
Councilmembers Hall and
Raskin were excused at 7:04
p.m.

4.H. Award RFP to and Authorize the City Manager to Enter into Agreements with USMD Direct, Inc., Southern California Medical Group (Kaiser Permanente), and Pacific Harbor Medical Group, Inc. for Occupational Medical Testing Program (OMTP) Services for the Human Resources and Finance, was approved.

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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 USMD Direct Inc., Southern California Permanente Medical Group (Kaiser Permanente), and Pacific Harbor Medical Group Inc. to provide occupational medical testing services for the Human Resources and Finance Departments.

3. Authorize the City Manager to execute Agreement No. 11816 (CCS) with USMD Direct Inc. in an amount not to exceed $297,000 (including a 15% contingency) for a total amount not to exceed $341,550 over a five-year period, with future year funding contingent on Council budget approval.

4. Authorize the City Manager to execute Agreement No. 11817 (CCS) with Southern California Permanente Medical Group (Kaiser Permanente) in an amount not to exceed $565,110 (including a 15% contingency) for a total amount not to exceed $649,877 over a fiveyear period, with future year funding contingent on Council budget approval.

5. Authorize the City Manager to execute Agreement No. 11818 (CCS) with Pacific Harbor Medical Group Inc. in an amount not to exceed $2,292,900 (including a 15% contingency) for a total amount not to exceed $2,636,835 over a five-year period, with future year funding contingent on Council budget approval.

Motion by Councilmember Snell, seconded by Councilmember Negrete, to approve the recommended action. The motion was approved by the following vote:

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

ENGINES &

PROPULSION SYSTEMS

REPAIRS
Councilmember Raskin
returned at 7:05 p.m.

4.I. Award Bid #4508 to and Authorize the City Manager to enter into Agreement No. 11819 (CCS) with Cummins, Inc. for Overhaul, Replacement and Repair of Cummings Engines and Battery Electric Propulsion Systems for the Department of Transportation, was approved.

Recommended Action
Staff recommends that the City Council:

1. Adopt a finding of Categorical Exemption pursuant to Section 15301 (Existing Facilities) and a finding of no possibility of significant

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effects pursuant to Section 15061 (b)(3) of the California Environmental Quality Act (CEQA) Guidelines;

2. Award Bid # 4508 to Cummins Inc. for overhaul, replacement, and repair of Cummins engines and battery electric propulsion systems for the Transportation Department; and

3. Authorize the City Manager to negotiate and execute Agreement No. 11819 (CCS) with Cummins Inc., in an amount not to exceed $6,148,984, including a 10% contingency, for a five-year period with future year funding contingent on Council budget approval.

Motion by Mayor Torosis, seconded by Councilmember Snell, to approve the recommended action. The motion was approved by the following vote:

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

CLOSED SESSIONS
Councilmember Hall returned
at 7:06 p.m.

On order of the Mayor, the City Council recessed at 7:07 p.m., to consider Closed Sessions and returned at 8:07 p.m., with all members present, to report the following:

5.A. 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 #

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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.B. 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.C. Conference with legal counsel - existing litigation - Gov. Code § 54956.9(d)(1): City of Santa Monica, et al. v. Waymo LLC et al., LASC # 25SMCV06581
The City Attorney advised this matter was heard with no reportable action taken.

5.D. Conference with legal counsel - existing litigation - Gov. Code § 54956.9(d)(1): Santa Monica EV Holdings, LLC et al. v. City of Santa Monica, LASC # 25SMCV06681
The City Attorney advised this matter was heard with no reportable action taken.

5.E. Conference with legal counsel - existing litigation - Gov. Code § 54956.9(d)(1): Waymo LLC v. City of Santa Monica, LASC # 25SMCV06541
The City Attorney advised this matter was heard with no reportable action taken.

5.F. Conference with Real Estate Negotiator pursuant to Government Code Section 54956.8; Property: (“Santa Monica Air Center”) 3021 Airport Avenue (~90,000 sq. ft.), 3025 Airport Avenue (~7,000 sq. ft.), and adjacent Hangar and Storage Units (~2,000 sq. ft.); City

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Negotiators: Oliver Chi, Santa Monica City Manager; Owner of Record: City of Santa Monica; Persons to be negotiated with Judy Barker, Santa Monica Air Center
The City Attorney advised this matter was heard with no reportable action taken.

PUBLIC INPUT ON

REMAINING AGENDA
ITEMS:

Members of the public Cindy Pfeifer, David Newberg, Luke Cain, Denise Barton, Matt Goldenberg, Brad Weing, Sean Besser, John Prindle, Hunter Hall, Johnathan Foster, Bob Adams, Elizabeth van Denburgh, and Tara Barauskas commented on item 11.C.

Members of the public Jerry Rubin, Robert Price, Carol Lemlein, Joe Dirosa, Joseph (Cohen) May, and Nina Fresco commented on item 16.B.

SPECIAL

MEETING OF THE

REDEVELOPMENT

SUCCESSOR AGENCY
On order of the Mayor, the regular City Council meeting was recessed to convene to a special meeting with the Redevelopment Successor Agency at 8:52 p.m., with all members present.

REPORT ON MEETING

COMPENSATION
Pursuant to State law, Interim City Clerk Denise Anderson-Warren announced that Council will receive no compensation for meeting as the Redevelopment Successor Agency.

STAFF

ADMINISTRATIVE
ITEMS:

MINUTES

11.A. Minutes for the Redevelopment Successor Agency Meeting, were presented.

Recommended Action
Staff recommends that the Redevelopment Successor Agency approve the minutes of the February 11, 2025, and January 13, 2026, meetings.

Staff reported that the February 11, 2025, minutes were pulled.

Motion by Mayor Torosis, seconded by Councilmember Hall, to approve the January 13, 2026, minutes. The motion was approved by the following vote:

AYES: Agency/Councilmembers Negrete, Hall, Raskin, Snell, Zernitskaya, Chair/Mayor Pro Tem Zwick, Chair/Mayor Torosis NOES: None
ABSENT: None
2026 TAX ALLOCATION

REFUDNING BONDS

11.B. Adoption of Resolution No. 50 (SA) Approving the Form of a Preliminary Official Statement and Continuing Disclosure Certificate for Tax Allocation Refunding Bonds (2026), was presented.

Recommended Action

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Staff recommends that 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. Adopt attached Resolution No. 50 (SA) approving the form of the Preliminary Official Statement and the Continuing Disclosure Certificate for the 2026 Tax Allocation Refunding Bonds, and authorizing certain other actions in connection therewith (Attachments A, B and C)
Questions asked and answered of staff included, based on the current interest rates, does staff have any idea what the 2026 bond interest rate may be, or the coupon rate.

Motion by Councilmember Zernitskaya, seconded by Councilmember Snell, to adopt the recommended action. The motion was approved by the following vote:

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

ADJOURNMENT OF

SPECIAL MEETING
On order of the Chair/Mayor, the joint meeting with the Redevelopment Successor Agency was adjourned at 8:57 p.m., and the regular meeting of the City Council was reconvened, with all members present.

REALIGNMENT PLAN
UPDATE

11.C. Santa Monica Realignment Plan Update, was presented.

Recommended Action
Staff recommends that the City Council approve adjustments to the Santa Monica Realignment plan to transition towards operationalizing performance gains as new service delivery standards for public safety renewal, revitalization of key public spaces, and achievement of organizational stability and fiscal balance, via the following direction:

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 findings of categorical exemptions pursuant to Section 15301 (Existing Facilities), Section 15306 (Information Collection), Section 15273 (Rates, Tolls, Fares, and Charges), and Section 15324 (Regulations of Working Conditions) ;

2. Adopt Resolution No. 11743 (CCS) revising rates for Downtown Parking Structures 1-9 and Ken Edwards Center, establishing the Fitness and Wellness Business Validation Pilot Program and the School Validation Pilot Program, establishing prorated Residential

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Parking Permits, and revising parking access card prices (Attachment A);

3. Adopt Resolution No. 11744 (CCS) waiving the City of Santa Monica portion of the wastewater capacity fee for restaurant and restaurant expansion projects. (Attachment B);

4. Endorse the conceptual framework for a Retail to Restaurant Activation Program and provide direction regarding eligibility criteria and geographic prioritization for (1) retail-to-restaurant conversion projects and (2) the reactivation of second-generation restaurant spaces, with staff conducting additional outreach to architects, restaurant operators, commercial brokers, and other stakeholders to further refine program design prior to
implementation;

5. Authorize staff to establish an Economic Development Fund reserve of $3,000,000 from available one-time General Fund resources, with expenditures subject to subsequent Council authorization;

6. Introduce for first reading an ordinance amending Santa Monica Municipal Code (SMMC) Chapter 6.44, to Establish Entertainment Zones in the Downtown core, on Portions of the Santa Monica Pier, and Along Portions of Main Street and Montana Avenues
(Attachment C);

7. Introduce for First Reading an ordinance to Provide for Additional Regulations Related to Sitting and Lying in the Public Right-of-Way and Possession of Open Alcoholic Beverage Containers to Coordinate with the Establishment of Entertainment Zones and Upcoming Major Events (Attachment D);

8. Adopt Resolution No. 11745 (CCS) revising fees, including a permit and license fee waiver for unimproved sidewalk dining and a waiver of the City of Santa Monica portion of the wastewater capacity fee for simple tables and chairs outdoor Dining and Seating on Sidewalks. This is part of establishing the no-cost sidewalk dining program eliminating permit requirements and fees for qualifying basic outdoor dining configurations (Attachment E);

9. Introduce for first reading an ordinance amending SMMC Chapter

9.53, Transportation Demand Management, to Modify Mandatory Average Vehicle Ridership Survey Requirements by modernizing employer survey requirements through a self-attestation model (Attachment F);

10. Adopt Resolution No. 11746 (CCS) temporarily waiving the City of Santa Monica portion of film permit application fees (Attachment G);

11. Authorize the City Manager to accept two grants from Los Angeles County Metropolitan Transportation Authority (Metro) for Open and Slow Streets Cycle Six (FIFA World Cup) and Seven (Olympic Games) awarded in the amount of $250,000 and $500,000,
respectively, in the City Manager’s Office, and to accept all grant renewals;

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Packet Pg. 538 Minutes Acceptance: Minutes of Mar 24, 2026 5:30 PM (CONSENT CALENDAR) 14 March 24, 2026

12. Authorize the City Manager to negotiate and execute a first modification to Agreement No. 11823 (CCS), formerly agreement # 5247, in the amount of $250,000 with Revel Republic to create and implement artwork and / or produce and implement public programs and events in Santa Monica as a Production Partner for the Recreation and Arts Department. This will result in a 5-year amended agreement with a new total amount not to exceed $500,000, with future year funding contingent on Council budget approval (Attachment H);

13. Approve all personnel changes (Attachment I), approve revenue adjustments, and appropriate expenditure budget adjustments for FY 2025-26 and FY 2026-27 (Attachment J), requires 5 votes;

14. Adopt Resolution No. 11747 (CCS) establishing new classifications and adopting salary rates for various listed positions (Attachment K);

15. Authorize staff to modify the Remote Work Program, establishing the In-Person Workplace Equity Benefit and establishing the Opt-Out Employee Support Program;

16. Adopt Resolution No. 11748 (CCS) accepting tentative agreements and authorizing the City Manager to execute Side Letters of Agreement with Local 1109 and POA, authorizing revised Executive Pay Plan and revised Confidential Unrepresented Employees Pay Plan equity updates (Attachment L);

17. Introduce for first reading the attached ordinance to amend Santa Monica Municipal Code Chapter 2.04 relating to Civil Service appointment and promotional rules (Attachment M);

18. Authorize the City Manager to execute Contract No. 11824 (CCS) with Segal Co. to conduct an enterprise-wide classification and compensation study. This recommended award is made as an exception to the competitive bidding process pursuant to SMMC Section 2.24.250 (c) and is for a total amount not to exceed $525,000, over a four-year period, with future year funding contingent on Council budget approval (Attachment N);

19. Receive an update and provide direction on potential regulations related to using vehicles for living quarters and rental of recreational vehicles to be used as living quarters in the public right-of-way (“vanlording”) and safe parking sites;

20. Authorize the City Manager to negotiate and execute Memorandum of Understanding No. 11825 (CCS) with Metro to enable the Santa Monica Police Department to conduct enforcement actions on Metro train platforms within the City;

21. Direct staff to conduct housing-first system of care community outreach; and

22. Provide direction to study the nonprofit housing development entity.

Councilmember Hall stated that he will be recusing himself from participation on recommended action #21 related to community outreach for a housing first system of care because at this time the item contemplates

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Packet Pg. 539 Minutes Acceptance: Minutes of Mar 24, 2026 5:30 PM (CONSENT CALENDAR) 15 March 24, 2026
relocation of shelter capacity away from SamoShel to outside of the city’s downtown. His residence, in downtown is located within 1000 feet of SamoShel and may be affected by the relocation of the shelter capacity away from the sight. He confirmed and sought formal advice from the Fair Political Practices Commission. They determined that recusal is required.

Mayor Pro Tem Zwick stated that he will be recusing himself from recommended action #22, because of his employment and its relationship to the production of housing.

Councilmember Hall moved to divide the question to hear recommended actions #21 and #22 individually to facility his and Mayor Pro Tem Zwick’s recusals.

Motion by Mayor Torosis, seconded by Councilmember Snell, to consider hearing Items 1 – 20 of the recommended actions, then divide 21 and 22 separately and have the staff report as such. The motion was unanimously approved by voice vote, with all members present.

Questions asked and answered of staff included: what changed in the Police department (PD) to increase enforcement; how conservative are the projections for the projected revenue numbers, and what do you think the upside might be; why did staff training for supervisors stop; why is investing in learning and development for our city staff so critical to delivery for services to the community benefit; can you explain in plain English what it means when the report references a habitability response framework; is there a projection on when the rental registry is going live for our market rate units; how does the partnership with Chrysalis work; why is it beneficial to bring more litigation in-house; will departmental workplans include addressing 16- items; as part of the downtown enforcement, will that also include the Pier stakeholders, given the upcoming activities and events that are planned; as part of the expansion of the entertainment zones, how will PD make sure enforcement is happening and not pushing people into the surrounding neighborhoods; what does the homeless liaison team do, and how do they work; how is the implementation of the in-house ambulance services going; does the city have all of the vehicles they need; provide an update of street painting and cross walk enhancements, and the signaling buttons; when will the automatic signals be installed, and will the city be able to adjust the timing as needed; why wouldn’t the city fully subsidize the water waste fee for restaurants; what feedback did the city receive from Downtown Santa Monica Inc and the fitness and wellness business that the parking rate adjustments will help; on the Transit Demand Management (TDM) ordinance adjustments, how does the AQMD air quality impact program work, and how would regulated employers with 30 to 250 employees be incentivized to continue administering the average rider survey, if it is not required; what is the definition of Santa Monica priority housing population;

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how many of the new positions being created are restored positions that were previously cut; is there a way to quantify the benefits of new positions through the increased level of service or increased revenues or other benefits through better opportunities for public private partnerships, improved turnaround times for inquiries, or increased revenues from proactive consumer litigation; how were future revenues from the sources estimated, such as ambulance operator program, and how confident are we in these; how are we going to be able to measure the offset of new expenditures from new and reclassified positions, capital improvement, etcetera, with the new revenues we anticipate to come in; how does PD and Fire coordinate the release of hospital patients from being in certain concentrated areas; is PD comfortable with their level of staffing as the city gears up for these big events; will the collaboration with other Police departments be here for the new GoldenVoice; are there any improvements with Metro since the city has the new MOU agreement; are public safety officers going to be given more authority to show a presence in the downtown area to detour and detain; when does the SanMo Bridge program funding end; what has shifted that there’s an increase in enforcement; what happens to the restaurants who have already paid the wastewater fee; how is the new work plan going to be measured in terms of productivity with this new work from home model, and is there a way to make revenue from the empty office space in City Hall; what is the fiscal impact from the change in the parking fees; how can 4/10 schedules be worked out as part of the return to work policy; will there be some flexibility if positions require a variation from the required schedule; entertainment zones, is that permanent or per activation; is there no laws on open containers in public; how long until the Santa Monica scorecard goes live; is a meet and confer process required for the return to work plan; Metro MOU, what specific enforcement authority does SMPD have on the platform; does the ordinance create authority to DTSM, Main Street, or Montana over the activation of entertainment zones; is 311 going to track response times since it’s moving to Public Works, and, who is responsible for the activation of the entertainment zones.

Considerable discussion ensued on topics including, but not limited to:
having a program to capture data from people visiting the entertainment zones; hotels and Santa Monica Travel and Tourism are concerned about the timing of Goldenvoice; create a collaborative map and calendar to notify residents and other businesses about the events and activities happening around the city; appreciate seeing Public Safety at the top of the list to receive support to make the positive changes in the community; find ways that arts can be incorporated in the economic development; appreciate the work being done to make the hard changes to improve the city; direct economic development to come back with guidelines for the wastewater fee option; encourage flexibility when considering the return to work guidelines; acknowledged that a lot of the recommendations in the realignment plan are a result of comments from the community; look for ways to weave public

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art into elements of the realignment plan; staff explore developing an ordinance around nightlife bystander intervention training similar to that of West Hollywood, which requires bystander intervention training for employees of businesses that serve alcohol; a lot of work to do when addressing the empty storefronts; and, be transparent and open with the community if the goals are not being met as well as when they are being met.

Motion by Councilmember Raskin, seconded by Mayor Torosis, to approve and adopt recommendations 1 through 20 of the staff recommendation, including direction given to staff.

Mayor Torosis proposed a friendly amendment to have Cultural Affairs be included in the entertainment zones through economic development. The motion was considered friendly by the maker.

The City Attorney read a correction into the record: in Attachment C, which is the ordinance establishing the additional entertainment zones. The correction is to what will be Santa Monica Municipal Code section 6.44.030 (e)(1), on Page 8, there are two corrections to that section. First is to replace Colorado Boulevard with Pico Boulevard. That will establish the northern boundary as Pico Boulevard rather than Colorado Boulevard. The other is a drafting issue, and it would strike the words for the following streets.

The motion was approved by the following vote:

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

REALIGNMENT PLAN

HOUSING-FIRST
SYSTEM
Councilmember Hall excused
at 11:45 p.m.

Recommended Action

21. To direct staff to conduct housing-first system of care community outreach, was presented.

Motion by Councilmember Negrete, seconded by Councilmember Zernitskaya, to approve the staff recommendation. The motion was approved by the following vote:

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

REALIGNMENT PLAN

STUDY NONPROFIT
Recommended Action

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Packet Pg. 542 Minutes Acceptance: Minutes of Mar 24, 2026 5:30 PM (CONSENT CALENDAR) 18 March 24, 2026

HOUSING ENTITY
Councilmember Hall returned
at 11:46 p.m.

Mayor Pro Tem Zwick was
excused at 11:46 p.m.

23. To provide direction to study the nonprofit housing development entity, was presented.

Questions of staff included: is the goal to set up social housing development; how does social housing work; would there be a mixture of incomes in one development; how would non-profit organizations be able to partner with this; clarify what is considered workforce housing; how does the city initially subsidize this type of entity; and, make sure regional housing organizations are consulted.

Motion by Councilmember Snell, seconded by Councilmember Raskin, to approve the recommended action. The motion was approved by the following vote:

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

COUNCILMEMBER
DISCUSSION ITEMS:

Mayor Pro Tem Zwick
returned at 11:56 p.m.

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.

BUILDING & FIRE-LIFE

SAFETY COMMISSION

16.A. Appointments to one unscheduled and one scheduled vacancy on the Building & Fire-Life Safety Commission for terms ending on June 30, 2028, were continued to the April 14, 2026, meeting.

LANDMARKS

COMMISSION

16.B. Appointment to one unscheduled vacancy on the Landmarks Commission for a term ending on June 30, 2026.

On order of the Mayor, the floor was opened for nominations.

Councilmember Hall nominated Carol Lemlein and Robert Price.

Mayor Pro Tem Zwick nominated Joseph May
Mayor Torosis nominated Joseph DiRosa
Carol Lemlein was appointed to the Landmarks Commission for a term ending June 30, 2026, by the following vote:

Carol Lemlein: Councilmembers Negrete, Hall, Zernitskaya, Raskin, Snell, Mayor Torosis
Joseph May: Mayor Pro Tem Zwick

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Packet Pg. 543 Minutes Acceptance: Minutes of Mar 24, 2026 5:30 PM (CONSENT CALENDAR) 19 March 24, 2026

MEASURE GS RESIDENT

OVERSIGHT

COMMITTEE

16.C. Appointment to one scheduled vacancy on the Measure GS Resident Oversight Committee for a term ending on June 30, 2029, was continued to the April 14, 2026, meeting.

PERSONNEL BOARD 16.D. Appointment to one unscheduled vacancy on the Personnel Board for a term ending on June 30, 2027, was continued to the April 14, 2026, meeting.

RECREATION & PARKS

COMMISSION

16.E. Appointment to one unscheduled vacancy on the Recreation and Parks Commission for a term ending on June 30, 2027, was continued to the April 14, 2026, meeting.

TRANSIENT

OCCUPANCY TAX

ADVISORY COMMITTEE

16.F. Appointments to one scheduled and two unscheduled vacancies on the Transient Occupancy Tax Advisory Committee for terms ending on June 30, 2027, were continued to the April 14, 2026, meeting.

HOUSING AUTHORITY
BOARD

16.G. Appointment to one unscheduled vacancy on the Housing Authority Board for a term ending on June 30, 2026, was continued to the April 14, 2026, meeting.

MEASURE GS RESIDENT

OVERSIGHT

COMMITTEE

16.H. Recommendation to remove Anujan Jeevaprakash from the Measure GS Resident Oversight Committee seat due to absenteeism, and authorize the City Clerk to publish the vacancy, was presented.

Motion by Mayor Torosis, seconded by Councilmember Raskin, to accept the removal.

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

DISCRETIONARY FUNDS 16.I. Request of Councilmember Zernitskaya and Mayor Torosis that the City Council consider approving the allocation of $2,000 from Council Discretionary Funds to support the Summer Willis Foundation’s 5K Denim Run/Walk in support of survivors of sexual assault taking place in Santa Monica on April 12, 2026. The funds would be appropriated as follows: $1,000 from the discretionary funds controlled by Councilmember Zernitskaya and $1,000 from the discretionary funds controlled by Mayor Torosis, was presented.

Motion by Mayor Torosis, seconded by Councilmember Zernitskaya, to approve the recommended action, with an amendment to include an additional $1,000 donated by each Councilmember from their discretionary funds for a total of $7,000.

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Packet Pg. 544 Minutes Acceptance: Minutes of Mar 24, 2026 5:30 PM (CONSENT CALENDAR) 20 March 24, 2026
The motion was approved by the following vote:

AYES: Councilmembers Zernitskaya, Snell, Raskin, Hall, Negrete, Mayor Pro Tem Zwick, Mayor Torosis
NOES: None
ABSENT: None
ADJOURNMENT On order of the Mayor, the City Council meeting adjourned at 12:18 a.m. in memory of Roger, the Fire Department’s service animal.

ATTEST: APPROVED:

Denise Anderson-Warren Caroline Torosis
Interim City Clerk Mayor

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Packet Pg. 545 Minutes Acceptance: Minutes of Mar 24, 2026 5:30 PM (CONSENT CALENDAR) 1 March 24, 2026
(NOT APPROVED)

CITY OF SANTA MONICA

CITY COUNCIL MINUTES
MARCH 24, 2026
A special meeting of the Santa Monica City Council was called to order by Mayor Torosis at 5:35 p.m., on Tuesday, March 24, 2026, at City Council Chambers, 1685 Main Street, Santa Monica, CA.

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

STATEMENT OF

ACCOUNTABILITY
(LAND

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

LEVINE ACT

DISCLOSURE
No Councilmembers made disclosures regarding the Levine Act (Govt Code Section 84308).

PUBLIC INPUT Members of the public Andrew Hoyer, Clare Thomas, John C. Smith, and Elizabeth van Denburg commented on item 16.A.

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.

NEIGHBORHOOD

ORGANIZATION GRANT

PROGRAM GUIDANCE

16.A. Request of Mayor Torosis, Councilmember Hall and
Councilmember Raskin to Direct Staff to Review and Clarify Neighborhood Organization Grant Program Guidance, was presented.

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Packet Pg. 546 Minutes Acceptance: Minutes of Mar 24, 2026 5:35 PM (CONSENT CALENDAR) 2 March 24, 2026
Motion by Councilmember Hall, seconded by Mayor Torosis, to approve the recommendation to include the following:

The City Council direct staff to:

1. Review the unanimous Council direction from September 30, 2025 regarding the Neighborhood Organization Grant Program,
confirming that public funds not be used to take positions on political candidates;

2. Ensure that the program application, guidelines, and related materials are fully consistent with Council direction;

3. Refine and clarify program guidance, including through updated application materials and Frequently Asked Questions (FAQs), to explicitly state that:
a. Neighborhood organizations may conduct education and outreach related to ballot measures, provided such activities are informational in nature;
b. The use of funds for communications, including mailers, to inform members about meetings, events, and programming is permissible; c. Organizations are required to submit a proposed annual budget at the beginning of the grant period, consistent with prior practice, and are not required to obtain pre-approval for each individual expenditure;
d. Neighborhood organizations may host meetings between their members and individuals running for office, provided such activities are conducted in a neutral and information-sharing manner; e. Any requests for demographic information from participating organizations or their members are strictly voluntary;

4. Confirm that Neighborhood Organizations may form or operate separate affiliated entities to perform political activities;

5. Clarify the City Council's intent that if a Neighborhood Association forms or operates an affiliated entity to exercise their First Amendment right to endorse political candidates, that entity cannot receive taxpayer resources or participate in the City’s Neighborhood Organization Grant Program;

6. Reaffirm that Neighborhood Organizations participating in the City’s grant program should be entities that are engaged in the performance of civic community building functions;

7. Confirm that only those groups that qualify, apply, and are identified as an official Neighborhood Organization will be listed by the City as an official participant of the City’s Neighborhood Association Grant Program;

8. Further, confirm that elected officials and staff are not barred from meeting with groups who choose to endorse political candidates in their official capacity as representatives of the City to give briefings or answer questions;

9. Return with any additional recommendations necessary to ensure

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Packet Pg. 547 Minutes Acceptance: Minutes of Mar 24, 2026 5:35 PM (CONSENT CALENDAR) 3 March 24, 2026
clarity, accessibility, and consistency in program implementation; and

10. Following the release of updated application materials and FAQs, re-open the application period for the 2025–26 Neighborhood Organization Grant Program to allow interested organizations to apply in light of the clarified guidance.

The motion was approved by a 6-1 voice vote, with Councilmember Negrete voting no.

ADJOURNMENT On order of the Mayor, the City Council special meeting adjourned at 12:18 a.m.

ATTEST: APPROVED:

Denise Anderson-Warren Caroline Torosis
Interim City Clerk Mayor

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Packet Pg. 548 Minutes Acceptance: Minutes of Mar 24, 2026 5:35 PM (CONSENT CALENDAR) City Council
Report
City Council Meeting: April 14, 2026
Agenda Item: 5.A
1 of 2
To: Mayor and City Council
From: Heidi Von Tongeln, City Attorney, City Attorney's Office, Administration 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

5.A
Packet Pg. 549
2 of 2
Prepared By: Bradley Michaud, Legal Administrative Services Officer Approved Forwarded to Council

5.A
Packet Pg. 550
City Council
Report
City Council Meeting: April 14, 2026
Agenda Item: 5.D
1 of 1
To: Mayor and City Council
From: Heidi Von Tongeln, City Attorney, City Attorney's Office Subject: Conference with real estate negotiator - Gov. Code § 54956.8; property: 256 Santa Monica Pier, Santa Monica, California; City negotiator: Oliver Chi, City Manager; owner of record: City of Santa Monica; persons to be negotiated with: Sean Ahaus, California Roadhouse, Inc., a California corporation d.b.a.

California Roadhouse; under negotiation: price and terms of payment for lease
Prepared By: Bradley Michaud, Legal Administrative Services Officer Approved Forwarded to Council
Attachments:

A. Written Comments

5.D
Packet Pg. 551
1 David Yakobson
From: Daniel Ivanov <[email protected]>
Sent: Monday, April 13, 2026 5:00 PM
To: councilmtgitems
Subject: Closed Session Item #5D

EXTERNAL
Dear Council Members:

My name is Danny Ivanov, Chair of the Rent Control Board. I'm writing in my personal capacity with respect to Closed Session item 5D discussing the price and terms of payment for lease with California Roadhouse, Inc.

I strongly urge the Council to approve the proposed lease agreement only if it explicitly contains written provisions offering protections for the former Rusty’s workers pursuant to the framework outlined in the Worker Protection Ordinance passed by this Council back in February. These provisions explicitly written into the terms of the lease must ensure that eligible former employees receive a meaningful opportunity to return to work at the leased premises and must also allow the City to monitor and verify compliance.

These loyal, dedicated workers are the backbone of our City's economy. Shame on us if we turn our back on them now. Thank you.

Best,
Danny
Item 5-D
April 14, 2026
Item 5-D
April 14, 2026

5.D.a
Packet Pg. 552 Attachment: Written Comments [Revision 1] (7679 : 5.D. Closed Session: Roadhouse) 1 David Yakobson
From: Angela D. Scott <[email protected]>
Sent: Tuesday, April 14, 2026 5:46 AM
To: councilmtgitems; Caroline Torosis; Jesse Zwick; Barry Snell; Dan Hall; Lana Negrete; Natalya Zernitskaya; Ellis Raskin
Subject: Support for UNITE HERE and Rusty's Workers

EXTERNAL
Dear Mayor Torosis, Mayor Pro-Tem Zwick , and Members of the City Council, I am writing to express my strong support for the workers of Rusty’s Surf Ranch and the advocacy efforts of UNITE HERE as the City considers lease negotiations for 256 Santa Monica Pier.

While these discussions involve important considerations regarding pricing and lease terms, I urge the Council to prioritize the human impact of this decision. The Pier is a vital economic and cultural asset, as well as a primary place of employment for individuals who contribute significantly to Santa Monica’s hospitality and tourism sectors.

I strongly support the rehire of Rusty’s workers and believe that continuity of employment should be a key consideration in any lease agreement. Providing experienced workers a pathway back to their jobs reflects our city’s commitment to fairness and workforce stability.

Supporting workers in our visitor-serving industries strengthens our local economy and reinforces our community values. Thank you for your leadership and for considering both the economic and human dimensions of this matter.

Warmest,
Angela
Angela D. Scott (she/her), MBA/V, Certified ScrumMaster® Candidate, Doctor of Education, Ed.D.

Organizational Change and Leadership
"You don't make progress by standing on the sidelines, whimpering and complaining. You make progress by implementing ideas." - Shirley Chisholm
I acknowledge with respect and gratitude the Tongva, Kizh, and Chumash Peoples on whose traditional territory I live and work.

Item 5-D
April 14, 2026
Item 5-D
April 14, 2026

5.D.a
Packet Pg. 553 Attachment: Written Comments [Revision 1] (7679 : 5.D. Closed Session: Roadhouse) 1 David Yakobson
From: Zennon Ulyate-Crow (zennonuc) <[email protected]> Sent: Tuesday, April 14, 2026 1:18 PM
To: councilmtgitems
Subject: California Roadhouse
Follow Up Flag: Follow up
Flag Status: Completed

EXTERNAL
Council,
I am writing to urge you to move quickly and find a mutually-beneficial resolution so that California Roadhouse can open its doors to customers. It should not take 6 months to open a business in Santa Monica, and former Rusty’s workers need employment today, not tomorrow.

All the Best,
Zennon Ulyate-Crow
Item 5-D
April 14, 2026
Item 5-D
April 14, 2026

5.D.a
Packet Pg. 554 Attachment: Written Comments [Revision 1] (7679 : 5.D. Closed Session: Roadhouse) City Council
Report
City Council Meeting: April 14, 2026
Agenda Item: 5.E
1 of 1
To: Mayor and City Council
From: Heidi Von Tongeln, City Attorney, City Attorney's Office, Administration Subject: Conference with real estate negotiator - Gov. Code § 54956.8; property: 2525 Michigan (“Bergamot Station Arts Center”), Santa Monica, California; City negotiators: Oliver Chi, City Manager; owner of record: City of Santa Monica; persons to be negotiated with: Jeff Edgren, Director of Acquisitions, Affirmed Housing; Joey Hagen, Associate, Bridge Housing; Teresa Pakalski, Senior Development Manager, Community Development Partners et al; Mendel Grossbaum, Project Coordinator, Chabad; John Mimms, Vice President of Development, Michaels; Daniel Hanasab, Principal, Orum Capital; Jeremy Harris, Development Director, Owow; Luis de la Rosa, Pacific Urbanism; Jay Stark, Principal, The Pinyon Group; Anup Patel, Director of Real Estate Development, West Hollywood Community Housing Corporation; under negotiation: price and terms of payment
Prepared By: Bradley Michaud, Legal Administrative Services Officer Approved Forwarded to Council

5.E
Packet Pg. 555
City Council
Report
City Council Meeting: April 14, 2026
Agenda Item: 10.A
1 of 5
To: Mayor and City Council
From: Jing Yeo, Director, Administration
Subject: Introduction and First Reading of an Ordinance to Amend Santa Monica Municipal Code Section 13.02.060 to Make Untenantable Conditions under California Civil Code Section 1941.1 subject to the City's Property Maintenance Code (Functioning Refrigerators & Stoves)
Recommended Action
Staff recommends that the City Council:

1. Adopt a finding of no possibility of significant effect and Section 15061(b)(3) (Common Sense Exemption) of the California Environmental Quality Act (CEQA) Guidelines; and

2. Introduce for first reading an Ordinance amending the text of the Santa Monica Municipal Code Chapter 13.02, Property Maintenance, to include language making violations of California Civil Code 1941.1 also violations of the Santa Monica Property Maintenance code.

Summary
The proposed ordinance would amend Santa Monica Municipal Code (SMMC) Chapter

13.02, Property Maintenance, to add language making violations of California Civil Code 1941.1 also violations of the Santa Monica Property Maintenance code. Civil Code Section 1941.1 establishes several conditions which, if present, may render a dwelling unit untenantable, or not fit for rental as a residential unit. Without a parallel provision in the Santa Monica Municipal Code to the State law, Code Enforcement is unable to efficiently and effectively enforce these provisions in State law.

Discussion

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On September 26, 2023, the City Council adopted an amendment of the Santa Monica Municipal Code, creating Article 13, Neighborhood Preservation, which included chapters for Property Maintenance, Vacant Properties, and the Abatement of Nuisances. This Article contains most of the requirements which governs how properties are to be maintained to ensure that the health, safety, and welfare of the community is protected. Section 13.02.050 generally defines as a violation anything that constitutes a nuisance under state law (Civil Code section 3479), and Section 13.02.060 lists a number of specific conditions that constitute violations.

In addition to the dozens of specifically enumerated conditions that constitute violations under Section 13.02.060, subsection 13.02.060(q) incorporates all of the conditions of substandard buildings enumerated in California Health and Safety Code section 17920.3. Health and Safety Code section 17920.3 provides that a building is “substandard” when specified conditions exist to the extent that endangers the life, limb, health, property, safety, or welfare of the occupants of the building, nearby residents, or the public. Subsection “q” serves as a bridge to California Health and Safety Code Section 17920.3, and Code Enforcement uses this bridge frequently when issuing notices of violations or citations for conditions related to the habitability of a dwelling unit.

SMMC Section 13.02.060(r) further defines when conditions exist to the extent of rendering a unit uninhabitable. Specifically, Section 13.02.060(r)(2) provides that a building or structure is uninhabitable if the building qualifies as substandard under Health and Safety Code section 17920.3, and Section 13.02.060(r)(3) provides that a building or dwelling is uninhabitable if any condition in Health and Safety Code section 17920.3 exists to an extent that endangers life, limb, health, property, safety or welfare.

Because the requirement that a condition exists to the extent of endangering life, limb, health, property, safety or welfare is already incorporated in the definition of a substandard building in Health and Safety Code section 17920.3, there is currently some redundancy between subsections 13.02.060(r)(2) and (r)(3).

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SMMC Section 4.36.100(a)(2) further provides that a landlord is required to provide temporary tenant relocation benefits when a condition exists that renders a unit uninhabitable and that the Building Officer can issue an order compelling compliance with this section; and SMMC Section 4.36.100(c)(3) provides that the Building Officer may issue an order requiring the payment of a meal per diem only if the unit is otherwise habitable except for inadequate kitchen facilities.

State law, California Civil Code section 1941.1 also contains provisions which may render a unit “untenantable”. To be “untenantable,” one of the characteristics listed in 1941.1 must be lacking. While there is a lot of similarity between Civil Code 1941.1 and Health and Safety Code 17920.3, there are differences. Not all untenantable conditions found in Civil Code 1941.1 are automatically dangerous to the health and safety of tenants.

On October 6, 2025, the Governor of California signed into law Assembly Bill 628 which amended Civil Code section 1941.1 to require landlords to provide and maintain working refrigerators and stoves in units with leases entered into, amended, or extended on or after January 1, 2026.

The proposed SMMC code amendment adds language to clarify that any condition listed in Health and Safety Code Section 17920.3 is a violation of the Municipal Code, whether or not the condition exists to the extent of endangering health and safety. The proposed amendment also makes untenantable conditions found in Civil Code 1941.1 violations of the Santa Monica Municipal Code, including the lack of properly functioning refrigerators or stoves.

Finally, the proposed amendment clarifies that any condition that violates either Health and Safety Code section 17920.3 or Civil Code section 1941.1 to the extent of

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endangering life, limb, health, safety, property, or welfare of the public or an occupant renders a unit uninhabitable. This amendment clarifies the standard for a unit to be rendered uninhabitable such that relocation benefits pursuant to SMMC Section

4.36.100(a)(2) and (c)(3) may be required. This amendment will further serve as a bridge to the Civil Code and permit Code Enforcement to effectively and efficiently address untenantable conditions found in the Civil Code.

Environmental Review
The proposed amendments are categorically exempt from the California Environmental Quality Act (CEQA) pursuant to Section 15321 (Enforcement Actions by Regulatory Agencies) and Section 15061(b)(3) (Common Sense Exemption) of the CEQA guidelines. Section 15321 exempts actions by regulatory agencies to enforce or revoke a lease, permit, license, certificate, or other entitlement for use issued, adopted, or prescribed by the regulatory agency or enforcement of a law, general rule, standard, or objective, administered or adopted by the regulatory agency. Such actions include the adoption of an administrative decision or order enforcing or revoking the lease, permit, license, certificate, or entitlement for use or enforcing the general rule, standard, or objective. Section 15061(b)(3) states that CEQA does not apply, “where it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment”. The proposed Ordinance incorporates basic minimum standards for dwelling units that already exist under state law and clarifies the standard for deeming a dwelling unit uninhabitable, to enable more efficient and direct enforcement of these standards by the City. Therefore, it can be seen with certainty that there is no possibility that the amendments will have a significant effect on the environment, and the Ordinance is exempt from CEQA pursuant to Section 15321 and Section 15061(b)(3).

Past Council Actions
Meeting Date Description
September 26, 2023
(attachment A)
Adoption of an ordinance creating Article 13, Neighborhood Preservation, which includes Chapter 13.02, a
comprehensive property maintenance program.

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

Prepared By: Daniel Mick, Code Enforcement Manager
Approved Forwarded to Council
Attachments:

A. ORD- Amend 13.02.060 to Incorporate Civil Code 1941.1 04.14.26 B. Attachment A - September 26, 2023 City Council Item 8.C C. PowerPoint Presentation

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City Council Meeting: April 14, 2026 Santa Monica, California ORDINANCE NUMBER __________ (CCS)
(City Council Series)

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA AMENDING SANTA MONICA MUNICIPAL CODE CHAPTER 13.02, PROPERTY

MAINTENANCE, TO INCLUDE CONDITIONS WHICH RENDER A DWELLING UNIT UNTENANTABLE UNDER CALIFORNIA CIVIL CODE SECTION 1941.1 AS VIOLATIONS OF THE SANTA MONICA MUNIPAL CODE.

WHEREAS, Article XI, Section 7 of the California Constitution authorizes the City to enact, amend, and enforce ordinances to promote social, economic, or aesthetic considerations and/or that regulate conditions which may be public nuisances or create health hazards; and
WHEREAS, to promote health, welfare, and safety of residential tenants in the City and the broader public, the City has enacted requirements for the maintenance of occupied residential properties, including primarily in Santa Monica Municipal Code (‘SMMC”) Chapter 13.02, Property Maintenance, and requirements for the provision of temporary relocation benefits to tenants when residential properties are rendered uninhabitable, codified primarily in SMMC Section 4.36.100; and WHEREAS Ordinance 2758 (CCS) enacted September 26, 2023 added SMMC Chapter 13.02 and expanded upon existing property maintenance standards related to conditions observable from the exterior of properties, previously found in the City’s public nuisances code, and added new standards related to the interior of structures, thus better protecting the habitability and safety of residents; and WHEREAS, SMMC sections 13.02.060(q) and (r) provide that, to the extent not otherwise addressed by the specific requirements of SMMC section 13.02.060, any

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Packet Pg. 561 Attachment: ORD- Amend 13.02.060 to Incorporate Civil Code 1941.1 04.14.26 [Revision 2] (7610 : Ordinance to Amend SMMC 13.02.060 to residential property or dwelling that qualifies as a substandard building under the State Housing Law, California Health and Safety Code section 17920.3, also qualifies as a substandard building under the SMMC and may be deemed uninhabitable; and WHEREAS, in addition to Health and Safety Code section 17920.3, California Civil Code section 1941.1 lists affirmative standard characteristics that must be met for a dwelling to be considered tenantable (or habitable), many of which overlap with existing requirements under SMMC Chapter 13.02; and
WHEREAS, Civil Code section 1941.1 provides that, as to residential leases entered into, amended, or extended on or after January 1, 2026, most dwelling units must include a stove and refrigerator in good working order, subject to certain limitations; and WHEREAS, the minimum standards of Civil Code section 1941.1 ensure that residential rental units are basically decent, safe, and sanitary, and therefore promote the health, safety, and welfare of residential tenants; and WHEREAS, the incorporation in the SMMC of statewide standards for substandard and uninhabitable dwellings enables the City to directly and efficiently enforce basic health and safety standards, to further protect the public health, safety, and welfare; and WHEREAS, SMMC section 4.36.100(a)(2) requires residential landlords to provide temporary relocation benefits to tenants whenever a rental housing unit has been rendered uninhabitable; and
WHEREAS, SMMC section 4.36.100(a) provides that the Building Officer may issue a relocation order to compel performance of the requirement to provide relocation benefits when a unit is uninhabitable, and SMMC section 4.36.100(c)(3) provides that the Building Officer may only order a meal per diem when an otherwise habitable rental unit

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Packet Pg. 562 Attachment: ORD- Amend 13.02.060 to Incorporate Civil Code 1941.1 04.14.26 [Revision 2] (7610 : Ordinance to Amend SMMC 13.02.060 to has inadequate kitchen facilities.

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

SECTION 1. Section 13.02.060 of the Santa Monica Municipal Code is hereby amended to read as follows:
§ 13.02.060 Specific Violations.

It is unlawful and it is declared to be a violation of this Chapter for any person owning, renting, leasing, occupying, managing, or having charge or possession of any property within the City to maintain such property in such a manner that any of the conditions listed below are found to exist. This Section is not the exclusive definition or designation of what constitutes a violation within this City. It supplements and is in addition to other regulatory codes, statutes, and ordinances enacted by the City, State, or any other legal entity or agency having jurisdiction. Violations of this Chapter include the following:
(a) Any imminent life safety hazard which creates a present and immediate danger to life, property, health, or public safety.
(b) The storing or allowing the storage of any abandoned or broken appliances and equipment or neglected machinery on private property or the parkway for more than fortyeight hours, including, but not limited to, any condition which constitutes an attractive nuisance whether within a structure or on the premises. Any appliances, equipment, machinery, or accumulation of materials shall be removed immediately upon notification by the Director. Appliances left unsecured outside for disposal shall have all doors removed.
(c) Deteriorating and Defective Structures. Any and all improvements located

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Packet Pg. 563 Attachment: ORD- Amend 13.02.060 to Incorporate Civil Code 1941.1 04.14.26 [Revision 2] (7610 : Ordinance to Amend SMMC 13.02.060 to on any property shall be presumed to be in violation of this Section if any of the following conditions exist:
(1) Peeling paint in excess of an aggregate total of four square feet of the entire façade (i.e., any exterior side) of a structure;
(2) Excessive cracked, crumbling, loose, or broken stucco or other exterior wall coverings or interior covering as determined by the Director; (3) Structure exteriors that are improperly maintained, neglected, or damaged, or in need of repairs (e.g., weatherproofing, insect extermination or water intrusion); (4) Any floor covering, including carpet, tile, and wood flooring, that presents a trip and fall hazard due to being improperly maintained, missing, or damaged; (5) Any structure that is in a state of substantial deterioration which is visible from the public right-of-way;
(6) Broken, cracked, or missing windows or doors;
(7) Damaged, poorly fitting, or missing window screens, or screens covering vent areas (under floors, in ceilings), or damaged, poorly fitting screens for entrance or balcony doors, or deteriorated metal security doors;
(8) Roofs missing shingles, tile, or other material used as roof composition or the material is loose, damaged, substantially deteriorated, or unstable; (9) Roof and flashing that is not sound, tight and weatherproof. Roof drainage that fails to prevent dampness or deterioration in the walls or interior portion of the structure. Roof drains, gutters and downspouts that are not maintained in good repair and free from obstructions. Roof water that is discharged in a manner that creates a public nuisance;

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Packet Pg. 564 Attachment: ORD- Amend 13.02.060 to Incorporate Civil Code 1941.1 04.14.26 [Revision 2] (7610 : Ordinance to Amend SMMC 13.02.060 to (10) Improperly maintained awnings, canopies, sunshades, sills, trellises, and other similar architectural features that are damaged, deteriorated and/or in disrepair; (11) Fences, walls, posts, cross-members, slats, and gates that are not plumb and true, not in good repair, rotted, fire damaged, have peeling paint, broken bricks, broken mortar, cracked or broken stucco, or are not constructed of materials treated in a uniform manner;
(12) Exterior gates, gate assemblies, operator systems if provided, hardware, and latches that are not maintained in good repair or proper operating condition; (13) Fences, walls, and hedges not maintained according to the standards set forth in Section 9.21.050 of this Code;
(14) Unpainted structures experiencing dry rot, termite infestation, or warping; (15) Any decoration, design, device, fence, structure, or clothesline which is deteriorated or in disrepair and unsightly by reason of its condition and is out of harmony or conformity with the maintenance standards of adjacent or surrounding properties so as to cause a diminution of the enjoyment, use or property values of such proximal properties, or its inappropriate location as determined by the Director or a designated City official;
(16) Graffiti on private property that is visible from the public right-of-way or any adjacent property;
(17) Any building or structure which meets the definition of an unsafe building or structure as provided in the California Building Code, or any successor provision, adopted pursuant to Santa Monica Municipal Code Section 8.12.010; (18) Any building or structure left in a state of incomplete construction, partial

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Packet Pg. 565 Attachment: ORD- Amend 13.02.060 to Incorporate Civil Code 1941.1 04.14.26 [Revision 2] (7610 : Ordinance to Amend SMMC 13.02.060 to demolition, or left damaged by vandalism, fire, earthquake, or other similar acts, for a period of six consecutive months, excluding such time when work is in progress pursuant to a valid building or other construction permit;
(19) Any building or structure which meets the definition of a dangerous building as provided in Section 302 of the Uniform Code for the Abatement of Dangerous Buildings, or any successor provision, adopted pursuant to Article 8 of the Santa Monica Municipal Code;
(20) Any building or structure which meets the definition of a substandard building as provided in Section 17920.3 of the Health and Safety Code, or any successor provision;
(21) A conveyance in any multiple-unit dwelling, mixed use, or commercial building that is found to be inoperable, or not maintained in a proper, safe, and good working condition;
(22) Faulty materials of construction in any improvements including those materials which are not allowed or approved by the Building Code as adopted by the City and as reported to the Director by the Building Official, or which have not been maintained in a good and safe condition; or
(23) Buildings and structures, or portions of buildings and structures, that do not conform to applicable laws in effect at the time of installation or which has not been maintained in good condition and used in a safe manner; (d) Rodent, Insect, Pest Infestation. Harborage and infestation of rodents, insects, and pests. When found, these conditions shall be exterminated by a licensed professional in a manner that is not injurious to human health. After extermination,

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Packet Pg. 566 Attachment: ORD- Amend 13.02.060 to Incorporate Civil Code 1941.1 04.14.26 [Revision 2] (7610 : Ordinance to Amend SMMC 13.02.060 to documentation of treatment by a licensed professional shall be provided to the Director, and proper precautions and measures shall be taken to prevent future harborage and infestation.
(e) Fire Hazard.
(1) All violations of applicable conditions of the Fire Code as adopted by the City in Santa Monica Municipal Code Section 8.40.010, and as reported to the Director by the Santa Monica Fire Department.
(2) Failure to install or properly maintain any required carbon monoxide detector.
(3) Failure to install or maintain any fire or smoke alarm or fire suppression system in good working order.
(4) All dry, dead shrubs, dead trees, combustible refuse and waste, or any material growing or found upon public or private property, which by reason of their size, condition, manner of growth, or location endangers the public safety by creating a fire hazard to any structure, improvements, crops, or other property, or when dry will, in reasonable probability, create a fire hazard.
(5) Any condition which poses a fire hazard.
(f) Hazardous and Unsanitary Conditions.
(1) Discharging, releasing, or allowing the accumulation of any human or animal waste material or substances, stagnant water, or any combustible or hazardous materials or substances, fluid or solid on any part of or in any structure on real property. (2) The presence of any visible mold or mold-like substance, as determined by a health officer or code enforcement officer in any habitable room, or a non-minor level of

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Packet Pg. 567 Attachment: ORD- Amend 13.02.060 to Incorporate Civil Code 1941.1 04.14.26 [Revision 2] (7610 : Ordinance to Amend SMMC 13.02.060 to mold in any non-habitable room. Odor is an indicator of the presence of mold, but not a diagnostic; if a musty odor is detected, visual confirmation of a "mold-like substance" is required. This Section shall not apply to:
(A) Conditions that are caused or perpetuated by the actions or inactions of the inhabitants of the dwelling unit, including sanitary or housekeeping practices; or (B) The presence of minor mold that is found on surfaces that can accumulate moisture as part of their functioning and intended use; or (C) The presence of mold or mold-like substance if observed on household items (e.g., clothing, upholstery, food).
(3) Any condition which renders air, food, or drink unwholesome, unsanitary, or detrimental to health.
(4) All violations of applicable conditions of the Health Code as adopted by the City in SMMC Section 5.08.370, and as reported to the Director by the Los Angeles County Department of Public Health, or any similar agency providing services to the City under the Health Code.
(g) Improper Parking or Storage of Goods, Equipment, and Vehicles. (1) Any violation of SMMC Chapter 9.28 Parking, Loading, and Circulation or any other Zoning Ordinance provisions pertaining to parking or storing vehicles and equipment on private or public property.
(2) Using or allowing use of any hardscape area for parking which prevents or hinders access to elevators, entrances, exits, or trash receptacles or blocks access to any structure for emergency vehicles or personnel.
(3) The keeping, storage, depositing or accumulation on the premises for an

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Packet Pg. 568 Attachment: ORD- Amend 13.02.060 to Incorporate Civil Code 1941.1 04.14.26 [Revision 2] (7610 : Ordinance to Amend SMMC 13.02.060 to unreasonable period of time of any personal property, including, but not limited to, abandoned, wrecked, dismantled or inoperative vehicles, abandoned, wrecked, dismantled, or unseaworthy boats or vessels, automotive parts and equipment, appliances, furniture, containers, packing materials, scrap metal, wood, building materials, junk, rubbish, debris, dirt, sand, gravel, concrete or other similar materials which is within the view of persons on adjacent or nearby real property or the public rightof-way and which is detrimental to the public health, safety and general welfare. However, building materials being used or to be used for a project of repair or renovation for which a building permit has been obtained may be stored for such period of time as is necessary expeditiously to complete the project.
(4) Outdoor storage in violation of SMMC Section 9.21.100. (h) Inadequate or Faulty Mechanical Equipment.
(1) Lack of safe, adequate heating facilities in any dwelling unit or units, hotel, or motel.
(2) Heating and Ventilation.
(A) Minimum Heat Requirements in Residential Rental Units. (i) Every occupied residential unit, as established in SMMC Section

9.51.020, shall be provided with heating facilities capable of maintaining a minimum room temperature of seventy degrees Fahrenheit at a point three feet above the floor in all habitable rooms. All individual heating facilities must be fixed and permanently attached and properly wired. Wiring for heaters shall conform to the California Electrical Code. (ii) Such heating facilities shall be installed and maintained in a safe condition and in accordance with the Building Code and all other applicable laws.

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Packet Pg. 569 Attachment: ORD- Amend 13.02.060 to Incorporate Civil Code 1941.1 04.14.26 [Revision 2] (7610 : Ordinance to Amend SMMC 13.02.060 to (B) Buildings in which the heating system is not under the control of the tenant or occupant shall comply with Section 11.20.470 of the Los Angeles County Code. (C) The use of space heaters as the primary source of heat shall not be permitted without prior written consent from the Building Official and Fire Marshal. (3) Mechanical equipment and required screening, including vents, that does not conform with all applicable laws in effect at the time of installation, or which have not been maintained in good and safe condition.
(4) All violations of applicable conditions of the Mechanical Code as adopted by the City in SMMC Section 8.28.010 and as reported to the Director or designated City official by the Building Official.
(i) Inadequate or Faulty Plumbing.
(1) Lack of plumbing fixtures required by the Building Code as adopted by the City, as reported to the Director by the Building Official. (2) All violations of applicable conditions of the Plumbing Code as adopted by the City in SMMC Section 8.32.010, and as reported to the Director by the Building Official.
(3) Plumbing which does not conform with applicable laws in effect at the time of installation or which has not been maintained in good condition and free of cross connections.
(4) Every plumbing stack, vent, waste, and sewer line shall function properly and be kept free from obstructions, leaks, and defects. (5) Grease interceptors and automatic grease removal devices shall be maintained in accordance with this Code and the manufacturer's installation instructions.

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Packet Pg. 570 Attachment: ORD- Amend 13.02.060 to Incorporate Civil Code 1941.1 04.14.26 [Revision 2] (7610 : Ordinance to Amend SMMC 13.02.060 to Grease interceptors and automatic grease removal devices shall be regularly serviced and cleaned to prevent the discharge of oil, grease, and other substances harmful or hazardous to the building drainage system, the public sewer, the private sewage disposal system or the sewage treatment plant or processes. Records of maintenance, cleaning and repairs shall be available for inspection by the Director upon request. (j) Inadequate or Hazardous Electrical Supply, Lighting, and Wiring. (1) Lack of required or improperly maintained electrical lighting or convenience outlets in existing residential or commercial occupancies as reported to the Director by the Building Official.
(2) Lack of maintenance and repair of lighting fixtures inside dwelling units and in common areas of residential and commercial structures, including courtyards, garages, hallways, lobbies, parking areas and lots, public bathrooms, and walkways. (3) Missing, broken, or improperly installed, or improperly maintained electrical outlets, switches, or wall plates.
(4) Broken, malfunctioning, or improperly installed or maintained building entry and intercom systems.
(5) All violations of applicable conditions of the Electrical Code as adopted by the City in SMMC Section 8.24.010, and as reported to the Director by the Building Official.
(6) Wiring or electrical systems and components that do not conform to applicable laws in effect at the time of installation or which has not been maintained in good condition and used in a safe manner.
(k) Inadequate Sanitation and Ventilation.

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Packet Pg. 571 Attachment: ORD- Amend 13.02.060 to Incorporate Civil Code 1941.1 04.14.26 [Revision 2] (7610 : Ordinance to Amend SMMC 13.02.060 to (1) Lack of hot or cold running water to plumbing fixtures. (2) Lack of the minimum amounts of natural light and ventilation required by the Building Code as adopted by the City, in SMMC Section 8.12.010. (3) Room and space dimensions less than required by the Building Code as adopted by the City.
(4) Dampness in habitable rooms or excessive dampness in non-habitable rooms as determined by the Building Official. This section shall not apply to conditions that are caused or perpetuated by the actions or inactions of the inhabitants of the dwelling unit, including sanitary or housekeeping practices. (l) Non-Maintenance of Landscape and Hardscape.
(1) A violation of Santa Monica Municipal Code Sections 5.08.070 (Sidewalks, cleanliness), 5.08.080 (Premises, cleanliness), 7.48.070 (Owner to maintain premises free of litter), 9.21.190 (Unexcavated Yard Areas), 9.26.040 (General Landscaping Standards), 9.21.080 and (Lighting), or any other Zoning Ordinance provisions or permit conditions pertaining to the installation and upkeep of landscaped or hardscaped areas located on private property or abutting parkways.
(2) Persons owning or occupying property shall keep the sidewalk, parkway, gutter, and alley in front of or adjacent to the side or rear of their property free of litter in accordance with Section 7.48.050 of this Code.
(3) The owner or person in control of any private property shall at all times maintain the premises free of litter in accordance with Section 7.48.070 of this Code. (4) Maintaining or allowing the maintenance of private property or parkway with a lack of adequate landscaping or approved ground cover material, as defined in Santa

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Packet Pg. 572 Attachment: ORD- Amend 13.02.060 to Incorporate Civil Code 1941.1 04.14.26 [Revision 2] (7610 : Ordinance to Amend SMMC 13.02.060 to Monica Municipal Code Section 9.26.060, sufficient to prevent blowing dust or erosion, or allowing the landscaping on private property or in a parkway to cause a hazard or inconvenience to pedestrians using the public sidewalk. (5) Maintaining or allowing the maintenance of any paved areas for vehicle parking and access, porches, steps, or walkways in a hazardous condition due to cracked, raised, or missing surface materials.
(6) Any driveway on private property that is damaged in such a way as to be hazardous to persons using said driveway.
(m) Overgrown, Dying or Dead Vegetation. Overgrown, dying, or dead vegetation on private property or within parkway areas. The following additional requirement shall apply to all vegetation on private property and within parkway areas:
(1) Any dead, decayed, diseased or hazardous tree on private property or within a parkway that presents a danger to public safety. (2) Encroaching Hedges. The owner of a hedge shall maintain the hedge in accordance with Section 9.21.050 of this Code.
(3) Vegetation that:
(A) Harbors the presence of rats or vermin;
(B) Overhangs or grows onto or into any public property, including, but not limited to, any public alley, highway, land, sidewalk, street, or other right-of-way, so as to cause an obstruction to any person or vehicle using such public property; or (C) Constitutes an attractive nuisance, a fire hazard, or otherwise creates a danger to public health or safety.
(4) Groundcover and similar vegetation shall not be permitted to grow taller

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Packet Pg. 573 Attachment: ORD- Amend 13.02.060 to Incorporate Civil Code 1941.1 04.14.26 [Revision 2] (7610 : Ordinance to Amend SMMC 13.02.060 to than six inches.
(5) The premises shall be maintained free of weeds.
(6) Dead or fallen branches, palm fronds, or similar vegetation shall be promptly removed from the ground or plant.
(7) Fallen leaves or other yard waste shall not be permitted to accumulate on any paved surface. Use of leaves as mulch in dirt areas is exempt from this requirement. (8) Vegetation shall be continuously trimmed back to ensure that it does not grow within three feet of overhead power or utility lines. (9) Vegetation, excluding street trees, shall not be permitted to encroach on or obstruct any portion of the street, alley, or sidewalk. (10) Notwithstanding Section 9.21.180 of this Code, vegetation shall not be permitted to grow in a manner that:
(A) Blocks, obstructs, or interferes with public improvements, streetlights, or signage to any degree as determined by the Director;
(B) Obscures or blocks the visibility, to any degree, of approaching or nearby pedestrians or vehicles on public property;
(C) Obscures or blocks the visibility of any person's view, to any degree, of signs or traffic lights on public property; or
(D) Obstructs access to, or use of, a sidewalk, street or highway, or a public easement or dedication to any degree.
(11) A determination that vegetation on private property or on an adjoining parkway is dead or dying may include, without limitation, consideration of the following factors: any physical characteristic of appearance evidencing a lack of proper watering or

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Packet Pg. 574 Attachment: ORD- Amend 13.02.060 to Incorporate Civil Code 1941.1 04.14.26 [Revision 2] (7610 : Ordinance to Amend SMMC 13.02.060 to feeding; the creation or promotion of a fire hazard by reason therefor; the existence of an infestation of any kind that is injurious to such vegetation; or when diseased or dying vegetation does not substantially respond to remedial care. The City shall require replacement of dead or dying vegetation and the abatement of such a condition. In this event, a responsible person shall first obtain applicable permits and comply with all applicable landscape regulations and requirements in the Municipal Code. (n) Polluted Water. A pond, spa, swimming pool, fountain, or other body of water which is abandoned, unattended, unfiltered, or not otherwise properly maintained, resulting in polluted or stagnant water. Such structures shall be covered or filled with soil to prevent the accumulation of water. Standing water shall be immediately drained or removed.
(o) Refuse and Waste. Refuse and waste material which by reason of its location or character may constitute a fire hazard or threat to the health, safety, and general welfare, including aesthetic impacts, of the surrounding residential area. This includes maintaining or allowing to be maintained refuse and waste materials on private or public property. Compost piles are not considered refuse and waste. (p) Structural Hazards.
(1) Deteriorated, damaged, or inadequate foundations.
(2) Defective, deteriorated, or inadequate size flooring or floor supports. (3) Defective, deteriorated, or inadequate size members of partitions, walls, or other vertical supports.
(4) Defective, deteriorated, damaged, or inadequate size ceiling, roof, or other horizontal supports.

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Packet Pg. 575 Attachment: ORD- Amend 13.02.060 to Incorporate Civil Code 1941.1 04.14.26 [Revision 2] (7610 : Ordinance to Amend SMMC 13.02.060 to (5) Defective, damaged, or inadequately constructed fireplace or chimney. (6) Damaged, defective, or deteriorated common area stairways or staircases including risers, runs, landings, and handrails.
(7) Damaged, defective, or deteriorated common area walkways including handrails and guardrails.
(q) Substandard Deficient Housing Conditions. To the extent not otherwise articulated above, for residential property and dwellings, any condition of a substandard building listed in California Health and Safety Code Section 17920.3, whether or not the condition renders the building or dwelling substandard, or any affirmative standard characteristic listed in Civil Code 1941.1 is lacking.
(r) Uninhabitable Buildings or Dwelling Units. Buildings or dwelling units may be deemed uninhabitable if any of the following conditions exist:
(1) Any building or structure which meets the definition of a dangerous building as provided in Section 302 of the Uniform Code for the Abatement of Dangerous Buildings, or any successor provision, adopted pursuant to Article 8 of the Santa Monica Municipal Code.
(2) Any building or structure which meets the definition of a substandard building as provided in Section 17920.3 of the Health and Safety Code, or any successor provision.
(32) Any substandard building condition listed in the California Health and Safety Code Section 17920.3 exists, or any affirmative standard characteristic for a dwelling listed in California Civil Code Section 1941.1 is lacking, where the to an extent that endangers the life, limb, health, property, safety, or welfare of the public or the

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Packet Pg. 576 Attachment: ORD- Amend 13.02.060 to Incorporate Civil Code 1941.1 04.14.26 [Revision 2] (7610 : Ordinance to Amend SMMC 13.02.060 to occupants thereof, or areis severe enough to render the building or dwellingbe unsafe for human habitation as determined by the Building Official or Code Enforcement Manager. (s) Vacant Properties. Vacant properties shall be maintained in compliance with all requirements found in this Chapter and in Chapter 13.04 of the Municipal Code. (t) Any violation of Article 9 of the Santa Monica Municipal Code relating to the City's planning and zoning laws and regulations.
(u) Other Provisions of the Municipal Code. A violation of any other provision of the Municipal Code or Title 24 of the California Code of Regulations, as adopted by the City, that pertains to real property, structures, or which otherwise concerns the public health, safety, and general welfare.
(v) Impact on Viability of Surrounding Area. To maintain or fail to maintain property, or any structure on it, in a way that its condition contributes to the establishment of a prevalence of depreciated values, impaired investments, and social and economic maladjustments to the extent that the capacity to pay taxes is reduced and tax receipts are inadequate for the cost of public services rendered.

SECTION 2. Any provision of the Santa Monica Municipal Code or appendices thereto inconsistent with the provisions of this Ordinance, to the extent of such inconsistencies and no further, is hereby repealed or modified to that extent necessary to effect the provisions of this Ordinance.

SECTION 3. If any section, subsection, sentence, clause, or phrase of this Ordinance is for any reason held to be invalid or unconstitutional by a decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this Ordinance. The City Council hereby declares that it would have passed

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Packet Pg. 577 Attachment: ORD- Amend 13.02.060 to Incorporate Civil Code 1941.1 04.14.26 [Revision 2] (7610 : Ordinance to Amend SMMC 13.02.060 to this Ordinance and each and every section, subsection, sentence, clause, or phrase not declared invalid or unconstitutional without regard to whether any portion of the ordinance would be subsequently declared invalid or unconstitutional.

SECTION 4. The Mayor shall sign and the City Clerk shall attest to the passage of this Ordinance. The City Clerk shall cause the same to be published once in the official newspaper within 15 days after its adoption. This Ordinance shall become effective 30 days from its adoption.

APPROVED AS TO FORM:
______________________________
Heidi von Tongeln
City Attorney

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Packet Pg. 579 Attachment: Attachment A - September 26, 2023 City Council Item 8.C (7610 : Ordinance to Amend SMMC 13.02.060 to make untenantable  



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Packet Pg. 580 Attachment: Attachment A - September 26, 2023 City Council Item 8.C (7610 : Ordinance to Amend SMMC 13.02.060 to make untenantable Item 10.A
April 14, 2026
Item 10-A
April 14, 2026
Item 10-A
April 14, 2026

10.A.c
Packet Pg. 581 Attachment: PowerPoint Presentation (7610 : Ordinance to Amend SMMC 13.02.060 to make untenantable HSC 17920.3 Civil Code 1941.1
• Defines conditions that render a building or unit "substandard“ (uninhabitable), making it a matter of public health, safety, and welfare. • Key violations which can make a rental unit legally uninhabitable: • inadequate sanitation, • structural hazards, • dampness/mold, • lack of required heating/lighting, • infestation • This is the main code section referenced
by Code Enforcement
• Defines the minimum habitability standards for residential rental properties, deeming a unit "untenantable" (uninhabitable) if it lacks essentials like waterproofing, plumbing, heat, electricity, or sanitation. • Establishes the minimum “warrant of
habitability”
• Not as specific as HSC 17920.3
• AB628
• Amends state law to require landlords to provide a working stove and refrigerator in all residential rental units. 2 State Habitability Codes
Item 10-A
April 14, 2026
Item 10-A
April 14, 2026

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Packet Pg. 582 Attachment: PowerPoint Presentation (7610 : Ordinance to Amend SMMC 13.02.060 to make untenantable 3 Proposed SMMC 13.02.060
§13.02.060 Specific violations.

It is unlawful and it is declared to be a violation of this Chapter for any person owning, renting, leasing, occupying, managing, or having charge or possession of any property within the City to maintain such property in such a manner that any of the conditions listed below are found to exist. This Section is not the exclusive definition or designation of what constitutes a violation within this City. It supplements and is in addition to other regulatory codes, statutes, and ordinances enacted by the City, State, or any other legal entity or agency having jurisdiction. Violations of this Chapter include the following:
(q) Substandard Deficient Housing Conditions. To the extent not otherwise articulated above, for residential property and dwellings, any condition of a substandard building listed in California Health and Safety Code Section 17920.3, whether or not the condition renders the building or dwelling substandard, or any affirmative standard characteristic listed in Civil Code 1941.1 is lacking. (r) Uninhabitable Buildings or Dwelling Units. Buildings or dwelling units may be deemed uninhabitable if any of the following conditions exist:
(1) Any building or structure which meets the definition of a dangerous building as provided in Section 302 of the Uniform Code for the Abatement of Dangerous Buildings, or any successor provision, adopted pursuant to Article 8 of the Santa Monica Municipal Code. (2) Any building or structure which meets the definition of a substandard building as provided in Section 17920.3 of the Health and Safety Code, or any successor provision. (2) Any substandard building condition listed in the California Health and Safety Code Section 17920.3 exists, or any affirmative standard characteristic for a dwelling listed in California Civil Code Section 1941.1 is lacking, where the condition exists to an extent that endangers the life, limb, health, property, safety, or welfare of the public or the occupants thereof, or are is severe enough to render the building or dwelling be unsafe for human habitation as determined by the Building Official or Code Enforcement Manager.

Item 10-A
April 14, 2026
Item 10-A
April 14, 2026

10.A.c
Packet Pg. 583 Attachment: PowerPoint Presentation (7610 : Ordinance to Amend SMMC 13.02.060 to make untenantable 4 Practical Effects of Proposed Amendments
• Proposed Amendments would make violations of California Civil Code 1941.1 also violations of the Santa Monica Property Maintenance code • Allows Code Enforcement to enforce provisions in State law Item 10-A
April 14, 2026
Item 10-A
April 14, 2026

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Packet Pg. 584 Attachment: PowerPoint Presentation (7610 : Ordinance to Amend SMMC 13.02.060 to make untenantable City Council
Report
City Council Meeting: April 14, 2026
Agenda Item: 11.A
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To: Mayor and City Council
From: Oliver Chi, City Manager, Office of Major Events
Subject: Advancing Major Events: Authorization to Negotiate and Enter Into License Agreements for Upcoming Major Events, including a World Cup Fan Festival Experience at the Santa Monica Pier in June 2026; a Music Festival event on Santa Monica Beach in September of 2026, and a Nations Village to include International Olympic Committee (IOC) satellite broadcast center, National Olympic Committee hospitality house, and brand hospitality house activation at Crescent Bay Park and portions of Lot 4 South during the LA28 Summer Olympic Games; Adoption of Resolutions to Facilitate Upcoming Major Events and Community Events; and Introduction and First Reading of an Ordinance to Amend Portions of the Santa Monica Municipal Code Chapters

4.08 (Disorderly Conduct, Nuisances, etc.), 4.12 (Noise), 4.55 (Park and Beach Code), 4.68 (Community Events), 6.112 (Street Performers), and 9.61 (Signs) to Facilitate Upcoming Major Events and Community Events Recommended Action
Staff recommends that the City Council:

1. Adopt findings of categorical exemptions 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), and Section 15323 (Normal Operations of Existing Facilities for Public Gathering), of the CEQA Guidelines for Ordinance amendments to facilitate the planning and execution of major special events as set forth in the staff report;

2. Adopt for introduction and first reading an ordinance to amend Chapters 4.08 (disorderly conduct, nuisances, etc.), 4.12 (noise), 4.55 (park and beach code),

4.68 (community events), 6.112 (street performers), and 9.61 (signs) to facilitate community events, as set forth in the staff report;

3. Adopt findings of categorical exemptions 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), and Section 15323 (Normal Operations of Existing Facilities for Public Gathering) of the CEQA Guidelines for approval of the license agreement with Anheuser-Busch

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and Momentum to host a World Cup fan festival experience at the Santa Monica Pier in June 2026, as set forth in the staff report;

4. Authorize the City Manager to negotiate and execute a license agreement with Anheuser-Busch and Momentum to host a World Cup fan festival experience at the Santa Monica Pier in June 2026;

5. Adopt a resolution authorizing certain code exemptions during the AnheuserBusch World Cup fan festival experience, subject to the adoption and effectiveness of the Ordinance;

6. Adopt findings of categorical exemptions pursuant to Section 15301 (Class 1 – Existing Facilities), Section 15303 (Class 3 - New Construction or Conversion of Small Structures), Section 15304 (Minor Alterations to Land), and Section 15311 (Class 11 - Accessory Structures) and Section 15323 (Normal Operations of Existing Facilities for Public Gathering) of the CEQA Guidelines for approval of the license agreement with Goldenvoice, LLC, to host a music festival event on Santa Monica Beach in September of 2026;

7. Authorize the City Manager to negotiate and execute a license agreement with Goldenvoice LLC, to host a music festival event on Santa Monica Beach in September of 2026;

8. Adopt a resolution authorizing certain code exemptions during the Goldenvoice music festival in September of 2026, subject to the adoption and effectiveness of the Ordinance;

9. Adopt findings of categorical exemptions pursuant to Section 15301 (Class 1 – Existing Facilities), Section 15303 (Class 3 - New Construction or Conversion of Small Structures), Section 15304 (Minor Alterations to Land), Section 15311 (Class 11 - Accessory Structures), and Section 15331(Historical Resource Restoration/Rehabilitation) of the CEQA Guidelines for approval of the license agreement with Silverback, LLC, and LOIDL, LLC, and to host to host a Nations Village to include International Olympic Committee (IOC) satellite broadcast center, National Olympic Committee hospitality house, and brand hospitality house activation at Crescent Bay Park and portions of Lot 4 South during the LA28 Summer Olympic Games;

10.Authorize the City Manager to negotiate and execute a license agreement with Silverback, LLC, and LOIDL, LLC, to host a Nations Village to include International Olympic Committee (IOC) satellite broadcast center, National Olympic Committee hospitality house, and brand hospitality house activation at Crescent Bay Park and portions of Lot 4 South during the LA28 Summer Olympic Games;

11.Adopt an amendment to the Master Fee Resolution removing beach parking lot fees;and

12.Adopt a resolution rescinding Resolution No. 11708 and adopting a revised policy establishing a signature events category, designating Santa Monica Signature Events Category, identifying Santa Monica Signature Events, and authorizing waiver of City event fees for designated signature events.

Executive Summary

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Santa Monica is preparing for a multi-year period of major event opportunities associated with the 2026 FIFA World Cup, a planned fall 2026 Goldenvoice two-day music festival, an ESPN fan engagement and international broadcast activation in winter 2027, and the 2028 Olympic and Paralympic Games. These opportunities could support local businesses, attract visitors, generate international visibility, and strengthen Santa Monica’s position as a premier coastal destination.

Since the Council’s earlier discussion of major event opportunities in December 2025, staff has continued to evaluate how Santa Monica can participate strategically in this regional event cycle. That work has expanded from initial discussions with individual event producers into a broader City strategy for a pipeline of opportunities that may span multiple years, seasons, and event types. To support that effort, the City Manager’s Office Major Events Division has convened a cross-departmental working group to assess event concepts, site suitability, public safety needs, mobility impacts, coastal considerations, operational requirements, pricing, and agreement structure so that proposals are reviewed consistently and operational issues are addressed early.

This process identified two related needs: 1) a clearer regulatory framework for temporary large-scale activations involving branding, temporary structures, amplified sound, lighting, and intensive use of public spaces; and 2) a consistent framework for evaluating event agreements based on public benefit, cost recovery, operational feasibility, and alignment with City priorities. Council action is needed now because planning, site selection, sponsorship, and regional coordination decisions for 2026 and beyond are already underway, and the City would benefit from a clear framework rather than responding to these opportunities on an ad hoc basis.

Accordingly, this report advances two related actions. First, it brings forward three proposed license agreements for Council consideration:

1. A Pitchside Club World Cup fan activation at the Santa Monica Pier in June 2026 hosted by Michelob ULTRA;

2. A Goldenvoice-produced music and cultural festival on the beach and Pier in fall 2026; and

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3. A Santa Monica Nations Village and international broadcast hub at Crescent Bay Park and portions of Lot 4 South during the 2028 Olympic and Paralympic Games.

Second, this report proposes targeted Municipal Code amendments to facilitate major temporary activations on a case-by-case basis.

Together, these actions are intended to provide the City with the tools to pursue major event opportunities in a way that protects public assets, recovers City costs, minimizes impacts, and supports economic development. The proposed code amendments allow the Council to consider limited, event-specific flexibility for events of extraordinary scope and community benefit, supported by clear findings and enforceable agreement terms.

Discussion
Major Events Framework: Public Benefit, Cost Recovery, and Operational Readiness Staff have evaluated the proposed activations through a framework intended to ensure that major event partnerships provide meaningful public value and do not create unfunded burdens on the City. This framework considers the nature of the event, expected public access, economic and cultural benefit, duration and intensity of use, operational complexity, and consistency with City priorities. It also accounts for direct use of public property, parking displacement, staff coordination, public safety deployment, and other City services required to support the activation.

A central principle of this framework is full cost recovery. Each proposed activation is expected to be structured so that the City’s direct and indirect costs are addressed through license fees, deposits, reimbursement obligations, and other event-related financial terms as appropriate. This approach is intended to avoid City subsidy while recognizing that major events can also generate broader economic benefits for hotels, restaurants, retailers, transportation providers, and visitor-serving areas throughout Santa Monica.

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The framework also emphasizes operational readiness. Major coastal activations require coordinated planning across multiple City functions, including mobility, parking, public safety, site restoration, accessibility, environmental compliance, and coastal permitting. By using a consistent evaluation structure, the City can better assess which proposals are appropriate to advance and what conditions are necessary to protect public assets, maintain access, and minimize impacts on surrounding uses.

Staff are applying this framework across a broader portfolio of opportunities rather than evaluating each proposal in isolation. The City’s goal is to curate a mix of activations across multiple years, seasons, and event types in a manner that supports economic development, public benefit, and operational feasibility. This includes both high-profile peak-season opportunities and off-peak activations that may help broaden visitor activity and local business support during slower periods.

In addition to direct fiscal considerations, the City’s review includes public-facing benefits such as free or low-cost community programming, public visibility, local business activity, cultural value, legacy improvements, and the extent to which a proposal helps position Santa Monica as a welcoming and well-managed destination during a period of unusual global attention. The value of a major event is not measured solely by the agreement itself, but also by the surrounding visitor activity, destination branding, and long-term economic and civic benefits that a successful activation can create. Staff’s approach on community benefit also considers the Coastal Commission approvals that may be necessary for each event. Based on early consultation with Coastal Commission staff and review of similarly situated events in other coastal jurisdictions, the Coastal Commission has typically required community benefits as a condition of approval. Staff will work closely with event producers on a public benefits package that comprehensively addresses both the City and Coastal Commission considerations for each event.

MAJOR EVENT LICENSE AGREEMENTS
2026 MICHELOB ULTRA “PITCHSIDE CLUB” – WORLD CUP ACTIVATION AT THE

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SANTA MONICA PIER
The “Pitchside Club” fan experience is proposed to be hosted on the Santa Monica Pier during the June 2026 tournament (ATTACHMENT A). With Michelob ULTRA, the Official Beer Sponsor of the FIFA World Cup 2026™ the Pitchside Club will be a one-ofa-kind destination for fans to come together and celebrate the FIFA World Cup 2026™ in a high-energy environment. Designed to give 21+ fans a Superior Soccer Social Club experience, the fan activation will blend live match watch parties with interactive soccer inspired games and programming for soccer fans.

The activation would be free and open to the public for guests twenty-one and over.

Attendance would be managed through controlled entry, with final capacity subject to event design and coordination with the City. Over the course of the programming window, the event is expected to attract substantial foot traffic to the Pier and surrounding businesses. The Pier’s location also provides a compelling backdrop for broadcast and digital media content, which is expected to increase Santa Monica’s visibility during the tournament.

The Pitchside Club would operate as a temporary installation integrated with existing Pier circulation and operations. Michelob ULTRA and its partners would be required to work closely with City departments to ensure that safety, accessibility, mobility, noise management, and public space considerations are fully addressed.

As part of the operational plan, space has been secured at the Viceroy Hotel for a limited period during the tournament. The hotel would serve as a lodging and production support hub for talent, partners, and operational staff. This arrangement is expected to generate direct hotel revenue within Santa Monica and contribute to the local hospitality economy.

A resolution is proposed to authorize temporary Municipal Code waivers for the 2026 Pitchside Club event on the Santa Monica Pier parking deck to support event operations while requiring site restoration and measures to minimize community impacts,

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(ATTACHMENT B).

Key Business Terms
• Location: Santa Monica Pier Deck and adjacent operational areas • Scope: Match-viewing experiences, brand activations, potential live broadcast segments, food and beverage service, and daily public fan engagement programming
• Term: Approximately three weeks, including load-in, activation period, and loadout in June 2026 • Financial Structure: A license fee aligned with the City’s major event pricing model, inclusive of land use, parking replacement, City concierge services, and public safety costs.
o License Area (land): $1,093,742
o Permits and Event Service Fees to be paid by organizer lump sum:
$192,658 (included in license agreement)
• City Responsibilities: Cross-departmental coordination, public safety integration, coastal compliance support, permit review and inspections, and facilitation of operational communication with partner agencies • Licensee Responsibilities: Full production funding, installation and removal of temporary structures, site security and guest management, environmental and regulatory compliance, and restoration of all City property following event demobilization
Community Benefits and City Protections
The Michelob ULTRA Pitchside Club is expected to provide:
• A high-visibility fan experience aligned with FIFA World Cup programming • Increased foot traffic and visitor activity at the Santa Monica Pier • Economic benefits for nearby hotels, restaurants, and small businesses • Direct hotel revenue associated with the Viceroy Hotel buyout • Public programming and destination visibility during a globally significant sporting

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event
• Compliance requirements including security coordination, ADA access, environmental protections, and managed event operations About the Producer
Michelob ULTRA is one of the world’s best-known beverage brands, and AnheuserBusch is a long-standing FIFA World Cup sponsor with extensive experience producing major fan-experience activations. The ULTRA team routinely develops large-scale hospitality and entertainment environments for international sporting events, including live match-viewing destinations, branded fan villages, and immersive consumer experiences. Their activations draw significant regional audiences and create substantial marketing visibility for host communities through national advertising, digital content, and social media engagement.

FALL 2026 GOLDENVOICE MUSIC AND CULTURAL FESTIVAL
Staff are proposing a license agreement for a Goldenvoice-produced music and cultural festival on the beach and Pier in fall 2026. The concept is a large-scale outdoor activation tailored to Santa Monica’s coastal setting and urban environment, with regional draw, coordinated site planning, temporary infrastructure, and a significant operational footprint. The festival is intended to build on Santa Monica’s cultural identity and create an event that attracts visitors, generates media interest, and contributes to the local economy.

The inaugural concept envisions a two-day festival featuring musical artists, curated food and beverage offerings, festival and artist merchandise, art installations, partnership activations, and guest amenities. The event footprint would utilize the Sandbox, the Santa Monica Pier Parking Deck, and portions of adjacent beach parking lots. Goldenvoice is developing the event in coordination with City staff to ensure that public safety, mobility, sound mitigation, accessibility, sustainability, and coastal compliance are addressed as the concept advances.

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Goldenvoice is an established live-event producer with extensive experience managing major festivals and destination events. That operational experience is relevant to the City’s evaluation because large-scale coastal events require sophisticated planning around public safety, mobility, accessibility, environmental protections and compliance, temporary structures, and restoration. Goldenvoice’s experience producing major festivals and concerts suggests a level of organizational capacity that is important when considering a complex event in a highly visible public setting.

The proposed festival is anticipated to support Santa Monica’s identity as a cultural and entertainment destination and to generate economic activity for hotels, restaurants, and other local businesses. In addition to the event itself, Goldenvoice has identified a range of potential community benefits that would be incorporated into the License Agreement, including youth-focused public programming, workforce and career exposure opportunities, collaboration with Pier and Downtown partners, support for local business participation, and marketing efforts intended to increase visitor activity in Santa Monica before, during, and after the festival. The proposal also contemplates reasonable efforts to utilize Santa Monica hotels, restaurants, vendors, artists, and other businesses where feasible, with particular attention to Pier and beach-adjacent businesses.

The proposed festival also presents an opportunity to broaden Santa Monica’s event portfolio with a major cultural activation that complements the City’s sports-related opportunities and helps sustain momentum into the 2027 and 2028 event cycle. If advanced, the festival agreement would be expected to include provisions addressing community engagement, public safety, mobility, sound mitigation, sustainability, accessibility, local business coordination, and post-event restoration. As with the other proposed agreements, the City’s objective is to secure a well-managed activation that supports local economic development while protecting public assets and minimizing impacts.

A resolution is proposed to authorize temporary Municipal Code waivers for the 2026 Goldenvoice Music and Cultural Festival to support event operations, including construction, sound, and signage, while requiring site restoration and measures to

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minimize community impacts, (ATTACHMENT C).

Key Business Terms
• Location: The Sandbox, the Santa Monica Pier Parking Deck, and portions of Beach Parking Lots
• Scope: A two-day ticketed outdoor music and cultural festival with up to 35,000 l attendees daily, including staging, public amenities, experiential programming, food and beverage activations, and community partnerships • Term: Site occupation for load-in, event days, and load-out in fall 2026, with final duration to be established in the License Agreement
• Financial Structure: A license fee aligned with the City’s pricing model for major coastal activations; no City subsidy.
o License Area (land): $1,343,611
o Public safety, permits, licenses and approvals to be obtained at own cost/expense (not included in license agreement)
o Revenue shares: $2/1-day ticket; $4/2-day ticket
• City Responsibilities: Cross-departmental coordination, public safety integration, coastal regulatory compliance, and review of site design, mobility planning, and community considerations
• Licensee Responsibilities: Full production funding; all temporary structures, equipment, and technology; public safety planning; environmental and accessibility compliance; site security; damage repair; coastal permitting; and implementation of negotiated community benefit commitments

Community Benefits and City Protections
The proposed festival is expected to provide:
• Significant economic activity for local hotels, restaurants, and businesses • Visitor draw and media visibility associated with a major Goldenvoice-produced event
• A high-profile cultural activation that broadens Santa Monica’s major events portfolio

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• Youth-oriented educational and workforce exposure programming • Collaboration with Pier, Downtown, and other local partners to support complementary business activity and visitor engagement
• Commercially reasonable efforts to utilize Santa Monica hotels, restaurants, vendors, artists, and other local businesses where feasible • Environmental and public safety protections, including ADA access, coastal permitting, security integration, and post-event restoration • A fiscally responsible structure designed to avoid City subsidy and recover municipal costs

About the Producer
Goldenvoice is one of the most established live-event producers in the United States and a key subsidiary of AEG Presents. The company is known for producing major festivals including the Coachella Valley Music and Arts Festival, Stagecoach, Just Like Heaven, Camp Flog Gnaw Carnival, Desert Trip, and numerous destination events across California and beyond. AEG Presents, Goldenvoice’s parent company, is a global leader in live entertainment with festivals and large-scale productions on five continents. The company’s operational experience, safety planning, and community engagement practices position Goldenvoice as a capable partner for producing a wellmanaged coastal festival in Santa Monica.

SANTA MONICA NATIONS VILLAGE AND INTERNATIONAL BROADCAST HUB LOIDL LLC dba Hochsitz proposes to develop a Santa Monica Nations Village and international broadcast hub at Crescent Bay Park and portions of Lot 4 South during the 2028 Olympic and Paralympic Games (ATTACHMENT D). The concept includes a temporary broadcast center serving official Olympic and Paralympic media partners, hospitality houses for participating nations, premium brand activations, and public engagement areas. The design emphasizes public access, oceanfront visibility, and immersive content production that would bring global broadcast attention to Santa Monica during the Olympic period.

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Because of its duration and scale, this proposal represents one of the most significant opportunities currently under consideration in connection with the 2028 Games. In addition to visitor activity at the site, the concept is expected to generate extended media visibility, hospitality demand, and local business activity over a sustained period.

The proposal also includes a legacy improvement through refurbishment of the historic pergola in Crescent Bay Park, which would provide a lasting public benefit beyond the event itself.

This activation will require careful coordination across coastal compliance, public safety, accessibility, environmental review, and restoration planning. If approved, the license agreement would establish the operational framework needed to manage a temporary occupation of this scale while ensuring City oversight, controlled operations, and protection of public assets.

Key Business Terms
• Location: Crescent Bay Park and designated areas of Lot 4 South • Scope: Broadcast studios, hospitality houses, brand activations, and public engagement zones
• Term: Approximately 103-day occupation, including the Olympic and Paralympic periods
• Financial Structure: A unified license fee consistent with the City’s Olympic high-benefit pricing model.
o License Area (land) AND all applicable permitting, public safety, non-event parking, and operational applicable fees: $1,150,000
o Permits and Event Service Fees included in license agreement • City Responsibilities: Cross-departmental coordination, public safety integration, and coastal regulatory compliance support
• Licensee Responsibilities: Full production funding, installation and removal of temporary structures, site security, and compliance with environmental and regulatory requirements

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Community Benefits and City Protections
The Nations Village concept is expected to provide:
• Extensive international broadcast exposure for Santa Monica • Increased visitor activity near the beach and Pier
• Economic impacts for local hotels, restaurants, and small businesses • Public visibility and international presence during the Olympic and Paralympic Games
• Compliance requirements including security integration, ADA access, environmental review, and controlled event operations
• A legacy improvement through pergola refurbishment and related site enhancements
About the Organizer
Hochsitz is an international production and engineering firm with extensive experience delivering temporary structures and event environments for major global sporting events. Since the 2014 Olympic Games in Sochi, the company has supported multiple Olympic partners, including global sponsors, national Olympic committees, and major international broadcasters. Beyond the Olympic arena, Hochsitz has contributed to large-scale productions for other major international competitions requiring complex temporary infrastructure. That experience positions the company as a capable partner for delivering a high-profile, operationally complex activation in Santa Monica during the 2028 Games.

PROPOSED MUNICIPAL CODE AND POLICY UPDATES
This report includes proposed Municipal Code and related policy updates intended to provide a clearer framework for temporary major event activations and related operational needs. These updates are designed to preserve the City’s regulatory authority while allowing the Council to consider limited, temporary flexibility when doing so supports a well-managed event with demonstrated public benefit and appropriate safeguards.

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Signature Events (ATTACHMENT E)
Building on the City Council’s October 14, 2025 action adopting the Santa Monica Signature Events framework, the revised policy would formally establish a Signature Events category, designate qualifying events as Santa Monica Signature Events, and authorize the waiver of eligible City event fees for those designated events. The policy is intended to create a clearer, more predictable process for recognizing longstanding nonprofit, public-facing events that provide cultural, social, recreational, and economic benefit to the community, while streamlining City support and event administration in a manner consistent with the Council’s prior direction.

An amendment to the Master Fee resolution (ATTACHMENT F) revises Exhibit R of the City’s Master Fee Schedule to remove outdated beach parking lot event rental rates that conflict with rates adopted in separate parking resolutions, thereby ensuring consistency across City fee documents and providing a clearer, more reliable reference for staff and event organizers.

Event Related Code Amendments (ATTACHMENT G).

Additionally, proposed amendments would address several categories of regulation commonly implicated by large-scale public events, including:
• Noise,
• Park and beach use,
• Community events,
• Street performers,
• Signs, and
• Related operational provisions.

The objective of the proposed amendments is not to remove standards, but to clarify how temporary activations may be evaluated and managed under City oversight.

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A key component of the proposed amendments is creating Council authority to grant event-specific exemptions from certain code requirements when defined findings can be made This flexibility is intended to be reserved for events of extraordinary scope and community benefit, where strict application of existing standards would limit the City’s ability to realize a significant public opportunity. Any such flexibility would be finite, conditioned, and tied to clear findings regarding temporary duration, site restoration, and minimization of impacts on surrounding uses.

The proposed framework also relies on the enforceable license agreements described in this report to establish the specific regulations, obligations, and operating conditions that will govern each approved event. This ensures that any flexibility granted by Council is accompanied by negotiated controls addressing matters such as event operations, public safety, access, temporary structures, restoration, insurance, indemnification, and financial responsibilities.

The proposed updates to park and beach regulations would clarify the City’s ability to authorize temporary structures and installations through community event permits or license agreements, including modern event elements such as drone shows when conducted under agreement with the City. Similarly, the proposed noise and street performer amendments are intended to improve the City’s ability to balance public programming, crowd management, and surrounding uses during major events while preserving appropriate City oversight.

In addition, staff is also proposing Sign Code updates addressing the City’s regulation of temporary signage citywide and in the Bayside Conservation District outside of the special event context. Because these sign regulations address temporary signs more broadly than just the community and special event context, they are discussed in a separate section below.

Taken together, the proposed code and policy changes would help establish a modern, limited, and transparent framework for evaluating major temporary activations while also clarifying related signage regulations in key visitor-serving areas. This framework would

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support the City’s ability to manage a multi-year pipeline of opportunities while maintaining oversight, protecting public assets, and ensuring that any flexibility granted is tied to specific findings, finite duration, enforceable agreement terms, and site restoration obligations.

Topic & Ordinance Section Summary
Street Banners (Section 4.08.500) The proposed amendment clarifies and expands provisions related to temporary
street banners to allow for City-sponsored
events. This change allows for greater
use of banners to promote major events
and enhance citywide activation in
addition to the current regulations, which
are limited to City produced and coproduced events.

Park and Beach Regulations (Section

4.55)
Updates to enable modern event
programming while ensuring safety and
City oversight include:
• Allow temporary structures and
installations through community event
permits or license agreements
• Authorize drone shows conducted
under agreement with the City
Community Events (Chapter 4.68) Updates to provide more operational flexibility for community events:
• Update Community Event Definition -
Refines the definition of “community
event” under which a permit is
required.
• Permits at City facilities – Clarifies that
community events at public assembly
spaces including publicly accessible
areas do not require a permit.
• Temporary Signage - Allow
community events to include:
• Sponsor recognition on event
signage
• Greater flexibility for size of
signage
Create Council Authority to Grant
Exemptions from Code Requirements for
Major Events:
• Provides authorization for the City

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Topic & Ordinance Section Summary
Council to grant limited, event-specific
exemptions from certain Code
requirements (including community
event, noise, lighting, and signage
regulations) based on required
findings.

Street Performer Regulations (Chapter

6.112)
Updates to operational rules for street
performers to address public safety by
balancing performer activity with crowd
management and event operations:
• Adjustments to location restrictions
• Clarification of performance limits near
community events
• Allowing the City to designate
performance areas during large
events
Sign Code Amendments (Chapter 9.61) The amendments would expand exemptions to the Sign Code to:
• Allows signs to be installed in the
public right-of-way to support
event-related branding and
wayfinding when authorized by
City agreements
• Allow animated displays on the
Santa Monica Pier Ferris Wheel
• Consistent time, place, and
manner regulations for all
temporary signs, including
commercial and noncommercial
• Allow temporary signs in Bayside
Conservation District so long as
the tenant space has a complete
building permit application or is
undergoing active construction

TEMPORARY SIGNAGE
Existing Sign Code Framework
The City’s Sign Code, Santa Monica Municipal Code Chapter 9.61, was originally adopted in 1985, and, as detailed in the administrative record and in Santa Monica

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Municipal Code Section 9.61.020, advances a variety of purposes and interests, including, but not limited to, protecting the health, safety, property, and welfare of the public; providing a neat, clean, orderly and attractive appearance of the community; improving the effectiveness of signs; providing for safe construction, location, erection, and maintenance of signs; preventing the proliferation of signs and sign clutter; and minimizing adverse visual safety factors to travelers of public streets and sidewalks.

Because the Sign Code must be content-neutral, it regulates signage based on time, place, and manner rather than message content. As a result, regulations focus on objective standards such as duration, location, and physical characteristics rather than the substance of any sign.

Existing Temporary Sign Regulations
Temporary signs are defined as signs not permanently attached to the ground or a structure and installed for a limited duration. Temporary signs do not require a permit but must comply with regulations set forth in Section 9.61.160, which include but are not limited to size, duration, and location. In commercial zones, temporary signs are generally allowed for 30 or 60 days and up to 120 days, depending on the type of signage being erected.

Pursuant to SMMC Section 9.61.160(E), within the Bayside Conservation District (BC District)—generally bounded by 2nd Court, 3rd Court, Broadway, and Wilshire Boulevard—a temporary sign may be displayed for up to 12 consecutive months. The Director may grant one six-month extension for each 12-month period if requested before the original authorization expires.

On October 22, 2024, the City amended the Sign Code to increase flexibility for temporary signage within the BC District. These amendments extended the allowable display period for temporary signs from the prior 30–120 days to up to 12 months, with a potential extension, and removed size limitations for temporary signs in the District. The amendments were intended to support economic revitalization efforts, particularly along the Third Street Promenade, by accommodating pop-up businesses, activations, and

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advance advertising for tenant spaces undergoing plan check review or construction.

The changes were also responsive to requests from property owners and brokers seeking additional flexibility to market vacant or soon-to-open spaces.

Noncommercial Signs
Noncommercial signs are generally exempt from regulation under the Sign Code, with limited exceptions set forth in Santa Monica Municipal Code Section 9.61.140(E), including animated signs (with limited exceptions for City roadway safety purposes and on school property), balloon signs, emitting signs (except for limited drive-through communication devices), freestanding and pole signs, roof signs, upper-level signs, vehicle signs primarily used for advertising, and high-rise signs.

Proposed Sign Code Amendments
The proposed amendments would subject all temporary signs—both commercial and noncommercial—to the same time, place, and manner regulations. These changes will provide a content-neutral mechanism to regulate the size, duration, and circumstances of temporary signage citywide and also in the Bayside Conservation District without creating potential standards related to materials or sign construction that would be difficult to enforce. Further, regulating all temporary signage consistently throughout the City, such that all temporary signage would be subject to the same time, place, and manner regulations as other signage, will further the City’s interests in preserving and enhancing the aesthetic, traffic safety, and environmental values of the City while at the same time providing for adequate channels of communication to the public.

The amendments would further clarify that the 2024 temporary signage flexibility in the BC District was specifically intended to support economic revitalization efforts. Under the proposal, the extended timeframe for temporary signs within the BC District would be permitted only when the associated tenant space has submitted a complete plan check application or is undergoing active construction pursuant to a valid building permit.

By focusing on objective criteria, such as tenant occupancy status and construction activity, the proposed amendments align signage flexibility with economic revitalization

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goals, discourage the prolonged use of vacant storefronts solely for signage display, and support broader City objectives related to occupancy rates, active use of tenant spaces, aesthetics, and preservation of the character of the Promenade, while also providing for ample channels of communication to the public.

Additionally, the proposed ordinance includes an opportunity for temporary signage to comply with the new regulations: 12 months within the Bayside District, and 120 days outside of the Bayside District, including large-format promotional or leasing signage that has remained in place within the Bayside District for extended periods.

Policy Question for Council Regarding Maximum Time Limit for Temporary Signage along Third Street Promenade
The October 2024 amendments providing additional time for temporary signs in the Bayside Conservation District were made in order to facilitate forthcoming business openings. Currently, temporary signs are permitted up to 12 months with the possibility of a 6-month extension. Since temporary signs do not require a permit, staff recommends a simplified approach that does not include extensions. Should Council have interest in adjusting the maximum time limit for temporary signs, Council could change the maximum time limit to 6 months, 12 months, 18 months or some other time limit but not shorter than what is authorized for temporary signage not on the Promenade (i.e. up to 120 days).

California Coastal Commission Review
All proposed major events are located in the Coastal Zone and therefore, require review by the California Coastal Commission (CCC). Event producers remain responsible for securing any required CCC approvals. Because the City owns the affected property or maintains it through agreements with the State, the City may serve as a co-applicant for permit applications as needed.

To support this process, the City has retained a Coastal Commission consultant to

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advise on CCC permitting and event-related coastal approvals with the cost being funded through producer deposits. This additional coordination is an important part of the City’s approach to managing major events in the Coastal Zone and ensuring that proposals are advanced in a timely, organized, and compliant manner.

Conclusion
The proposed Municipal Code and policy updates, together with the event agreements before the Council, are intended to create a practical and accountable framework for managing major temporary activations in Santa Monica. The code amendments would provide limited, event-specific flexibility where warranted, while the agreements would establish clear requirements related to cost recovery, design, operations, and community benefits. Taken together, these actions position Santa Monica to welcome major regional and international events in a way that reflects community values, supports local businesses, and leaves a positive and lasting impact.

Environmental Review
The proposed Ordinance amendments are categorically exempt from CEQA pursuant to Section 15301 (Class 1 – Existing Facilities), Section 15311 (Class 11 – Accessory Structures), Section 15332 (Normal Operations of Existing Facilities for Public Gathering) and Section 15061(b)(3) of the CEQA Guidelines. The amendments to allow drone shows, amend street performer operational regulations, and to waive community permit requirements through license or agreement are administrative in nature and would facilitate special event operations at the City’s existing public facilities and open space, involving negligible or no expansion of use beyond that existing at the time of the lead agency's determination. Therefore, the amendments are exempt pursuant to Section 15301. Additionally, amendments to allow for signage flexibility for temporary signs are exempt pursuant to Section 15311 of CEQA which exempts accessory structures including signage. These amendments for special events at City facilities are also categorically exempt pursuant to Section 15323 of CEQA Guidelines, which

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exempts normal operations of existing facilities for public gatherings for which the facilities were designed, where there is a past history of the facility being used for the same or similar kind of purpose.

None of the exceptions specified in Section 15300.2 of CEQA Guidelines would apply that would preclude the use of these CEQA exemptions. These amendments, including the provision to waive noise standards during the event period, would not have a significant effect on the environment due to unusual circumstances. While it is anticipated that large events could potentially generate noise above existing standards, noise associated with special events are common and not considered unusual in a popular coastal city frequented by tourists such as Santa Monica. It is anticipated that the Goldenvoice event would be the largest major special event in the City, and as such would generate the highest noise levels. However, the increase in noise as a result of special events would be temporary for two days and generally, noise levels above standards would occur only during nighttime events. Noise effects from special events were considered and included in the environmental analysis of the City’s certified General Plan Land Use and Circulation Element (LUCE) EIR (certified July 2010).

Specifically, noise impacts were addressed on pages 4.9-46 and 4.9-51. Additionally, with regard to lighting effects, festival lighting such as stage lighting, performance lighting, art installations, tent and temporary structure lighting, and illuminated signage would generally be directed to interior to the event site. Most lighting would conclude at the end of musical performances and would only be for duration of the event.

Furthermore, for special events occurring on the Pier or at the beach, special event lighting would be consistent with other nearby notable light sources such as the Ferris Wheel lighting, Pier Sign, and Pacific Park. Lastly, special event lighting would adhere to all applicable regulations and operating standards, and would not result in a permanent substantial increase in light/glare levels in the area.

The Anheuser-Busch World Cup event 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), and Section 15323 (Normal Operations of Existing Facilities for Public

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Gathering) of the CEQA Guidelines. The Goldenvoice event is categorically exempt pursuant to Section 15301 (Class 1 – Existing Facilities), Section 15303 (Class 3 - New Construction or Conversion of Small Structures), Section 15304 (Minor Alterations to Land), Section 15311 (Class 11 - Accessory Structures), and Section 15323 (Normal Operations of Existing Facilities for Public Gathering) of the CEQA Guidelines. The Nations Village 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 15304 (Minor Alterations to Land), Section 15311 (Class 11 - Accessory Structures), and Section 15331(Historical Resource Restoration/Rehabilitation) 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. The FIFA event is a 15-day special event that would take place on the existing Santa Monica Pier and would not expand the existing Pier structure. The Goldenvoice event is two-day special event on the existing beach and the Nations Village would take place over 103 days at existing Crescent Bay Park and the parking lot. None of these events would expand existing structures, facilities, or topographical features. The existing Santa Monica beach, Crescent Bay park, and the parking lot that would be utilized for these temporary events would be restored to their original conditions. Therefore, the events are 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 Anheuser-Busch World Cup event, Goldenvoice event, and Nations Village would include the installation of temporary equipment and facilities that would be accessory structures to the existing

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Santa Monica Pier, beach, Crescent Bay Park, and the parking lot. These accessory structures would be temporary in nature. Therefore, the events are exempt under Section 15303.

Section 15304 of CEQA Guidelines exempts minor public or private alterations in the condition of land, water, and/or vegetation which do not involve removal of healthy, mature, scenic trees except for forestry and agricultural purposes. This includes minor temporary use of land having negligible or no permanent effects on the environment.

The Goldenvoice event is two-day special event on the existing beach and the Nations Village would take place over 103 days at existing Crescent Bay Park and the parking lot. The temporary use of beach, parkland, and the parking lot would not have substantial permanent effects on the environment. These areas would be restored to original condition after the events conclude. Therefore, the Goldenvoice and Nations Village are exempt under Section 15304.

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: (c) Placement of seasonal or temporary use items such as lifeguard towers, mobile food units, portable restrooms, or similar items in generally the same locations from time to time in publicly owned parks, stadiums, or other facilities designed for public use. The Anheuser-Busch World Cup event, Goldenvoice event, and Nations Village would include the installation of temporary equipment and facilities that would be accessory structures to the existing Santa Monica Pier, beach, Crescent Bay Park, and the parking lot. Therefore, the events are exempt under Section 15311.

Section 15323 of CEQA Guidelines exempts normal operations of existing facilities for public gatherings for which the facilities were designed, where there is a past history of the facility being used for the same or similar kind of purpose. "Past history" shall mean that the same or similar kind of activity has been occurring for at least three years and

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that there is a reasonable expectation that the future occurrence of the activity would not represent a change in the operation of the facility. The existing Santa Monica Pier has been regularly utilized for special events and activities for more than thirty-five years, including the Twilight Concert Series, the Off the Hook Seafood Festival, Pier 360, and the LA Opera at the Beach. Therefore, both the Anheuser-Busch World Cup event and the Goldenvoice music festival are considered normal operations and uses of the existing Pier and surrounding beach area, under Section 15323.

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 (SOIS) for the Treatment of Historic Properties with Guidelines for Preserving, Rehabilitating, Restoring, and Reconstructing Historic Buildings (1995), Weeks and Grimmer. Nations Village would include the repair/restoration of the existing Pergola at Crescent Bay Park, which is a historic resource on the National Register of Historic Places. As required in the terms of the license agreement, the repair/restoration would be done in accordance with the SOIS and in coordination with a professional architectural historian. Therefore, Nations Village would be exempt from CEQA under Section 15331.

Financial Impacts and Budget Actions
The recommended actions are structured to provide full cost recovery and are not expected to require City subsidy. Each proposed license agreement includes license fees, deposits, and other event-related payments to cover the City’s costs, including planning, permitting, public safety coordination, inspections, coastal coordination, operational oversight, and site restoration.

Deposits will be collected, as appropriate, to fund upfront and ongoing City costs, including consultant support for regulatory review such as California Coastal Commission coordination. Deposits will be held in a deposit account, and as expenses are incurred, the deposit balance will be reduced and revenue recognized in account

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01200016.415490.

The proposed events may also generate indirect economic benefits through increased hotel occupancy, visitor spending, and local business activity, although those effects are not reflected as direct budgeted City revenue in this report.

No immediate appropriation or budget action is required. Any future budget adjustments related to the timing of revenues, expenditures, or departmental work programs will be brought forward through future budget actions, as needed.

Prepared By: Aaron Orozco, Community Recreation Administrator Approved Forwarded to Council
Attachments:

A. Pitchside Club Site Plan
B. Exemption Resolution Pitchside Club_Final
C. Exemption Resolution GoldenVoice Final 2
D. SANTA_MONICA_Nations'_Village Site Plan
E. Resolution Revised Signature Events
F. Master Fee Resolution Update
G. Ordinance_Special Events
H. Written Comments
I. PowerPoint Presentation

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11.A.a
Packet Pg. 611 Attachment: Pitchside Club Site Plan (7629 : Major Events) 1 City Council Meeting: April 14, 2026 Santa Monica, California RESOLUTION NUMBER _________ (CCS)
(City Council Series)

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

SANTA MONICA ADOPTING CERTAIN MUNICIPAL CODE WAIVERS DURING THE 2026 PITCHSIDE CLUB ACTIVATION ON THE SANTA MONICA PIER PARKING DECK
WHEREAS, over the next several years, the Los Angeles region will become a global stage for some of the world’s most watched sporting and cultural events, drawing millions of visitors, international media attention, and significant economic activity across the region; and
WHEREAS, Santa Monica’s coastline, public spaces, and established reputation as a world-class destination create a rare opportunity for the City to participate and help shape this regional movement on the global stage; and
WHEREAS, Santa Monica is preparing to host several high profile sporting and cultural events that are expected to draw significant regional, national, and international attention; and
WHERAS, event activations include hosting international delegations, brands, and production agencies expressing interest in temporary installations, hospitality houses, and broadcast centers; and
WHEREAS, these events will bring global audiences, international exposure, cultural festivals, and hospitality activations throughout the region; and Attachment B 11.A.b
Packet Pg. 612 Attachment: Exemption Resolution Pitchside Club_Final (7629 : Major Events) 2 WHEREAS, these events will result in increased foot traffic and visitor activity for the Pier, Promenade, and other retail spaces, economic benefits for nearby hotels, restaurants, and small business; and
WHEREAS, with its iconic beachfront, strong transit connectivity, and established global reputation, Santa Monica is well positioned to engage in regional coordination and pursue strategic partnerships that maximize the benefits of this heightened period of visibility; and
WHEREAS, the upcoming major event cycle will include the 2026 Pitchside Club activation event (working title) (hereinafter referred to as the “Pitchside Club Event” or the “Event”) on the Santa Monica Pier parking deck; and
WHEREAS, this Pitchside Club Event will be a large-scale outdoor activation tailored to Santa Monica’s coastal setting and urban environment, with regional draw, coordinated site planning, temporary infrastructure, and a significant operational footprint; and
WHEREAS, the Event is intended to build on Santa Monica’s cultural identity and create an event that attracts visitors, generates media interest, and contributes to the local economy; and
WHEREAS, the inaugural concept envisions a Pitchside Club fan experience to the Santa Monica Pier during the 2026 FIFA World Cup games. The Pitchside Club Event is a large-scale soccer-themed environment designed to combine live match viewing, interactive games, cultural programming, merchandise offerings, and appearances by athletes and media figures; and

11.A.b
Packet Pg. 613 Attachment: Exemption Resolution Pitchside Club_Final (7629 : Major Events) 3 WHEREAS, the Event footprint would utilize the Santa Monica Pier parking deck, and portions of adjacent beach parking lots; and
WHEREAS, Momentum-NA, Inc. (“Momentum”) and Michelob ULTRA, the Event’s sponsor, is developing the Event in coordination with City staff to ensure that public safety, mobility, sound mitigation, accessibility, sustainability, and coastal compliance are addressed as the concept advances; and
WHEREAS, the proposed Event is anticipated to support Santa Monica’s identity as a cultural and entertainment destination and to generate economic activity for hotels, restaurants, and other local businesses; and
WHEREAS, in addition to the Event itself, Momentum has identified a range of potential community benefits that would be incorporated into the License Agreement, including collaboration with Pier and Downtown partners, support for local business participation, and marketing efforts intended to increase visitor activity in Santa Monica before, during, and after the festival; and
WHEREAS, space has been secured at the Viceroy Hotel for a limited period during the Event as an ancillary site to serve as a lodging and production support hub for Event talent, partners, and operational staff; and
WHEREAS, the proposal also contemplates reasonable efforts to utilize Santa Monica hotels, restaurants, vendors, artists, and other businesses where feasible, with particular attention to Pier and beach-adjacent businesses; and WHEREAS, the proposed Event also presents an opportunity to broaden Santa Monica’s event portfolio with a major cultural activation that complements the City’s

11.A.b
Packet Pg. 614 Attachment: Exemption Resolution Pitchside Club_Final (7629 : Major Events) 4 sports-related opportunities and helps sustain momentum into the 2027 and 2028 event cycle; and
WHEREAS, the Event license agreement between Momentum and the City (the “License Agreement”) includes provisions addressing community engagement, public safety, mobility, sound mitigation, sustainability, accessibility, local business coordination, and post-event restoration; and
WHEREAS, with this Event, the City’s objective is to secure a well-managed activation that supports local economic development while protecting public assets and minimizing impacts; and
WHEREAS, the City Manager’s Office Major Events Division and a cross-departmental working group have been planning for the operational, logistical, and community impacts associated with this large-scale activation in the City; and WHEREAS, this Event foresees active uses of event space, including amplified sound and visible branding necessary for economic viability; and WHEREAS, in conjunction with approval of this Event and other events, on April 14, 2026, City Council introduced for first reading an ordinance to, among other things amend to Santa Monica Municipal Code Section 4.68.210, which allows Council, by resolution, to exempt certain special events from discrete Municipal Code requirements, or to authorize the City Manager to make exemptions, if the following findings are met:
(1) Strict application of the Municipal Code would result in practical difficulties or unnecessary hardships, which would frustrate the purposes of the event; (2) The requested exemption is limited to the event period and is otherwise temporary in nature;

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Packet Pg. 615 Attachment: Exemption Resolution Pitchside Club_Final (7629 : Major Events) 5 (3) The premises at which the event will be held will be restored to the original conditions in place prior to the requested exemption; (4) The proposed event is of extraordinary scope and will provide a significant benefit to the community, including, but not limited to, events that (a) generate significant indirect economic and community benefits; (b) attract both residents and visitors; and (c) promote Santa Monica on a regional, national, and global stage; and (5) The permittee or licensee has agreed to implement best practices and provide adequate procedures to minimize and respond to event impacts; and WHEREAS, in order to effectuate the Pitchside Club Event, targeted exemptions to the Santa Monica Municipal Code are required to better accommodate this major special event (the “Major Special Events Ordinance”); and WHEREAS, the exemptions are intended to provide operational flexibility and allow the City to support the Pitchside Club Event; and
WHEREAS, the City Council has identified this large upcoming Event as extraordinary or unique in scope, scale, or benefit, and the Council deems the below ordinance exemptions necessary to facilitate these major events.

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

SECTION 1. The City Council hereby exempts the Pitchside Club Event from provisions of the Santa Monica Municipal Code as set forth below based upon the following findings:

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Packet Pg. 616 Attachment: Exemption Resolution Pitchside Club_Final (7629 : Major Events) 6 (A) Strict application of the Santa Monica Municipal Code would result in practical difficulties or unnecessary hardships, which would frustrate the purposes of the event
i. SMMC Section 4.12.110 (Restrictions on demolition, excavation, grading, spray painting, construction, maintenance or repair of buildings):

The Pitchside Club Event on the Santa Monica Pier parking deck includes construction of temporary structures. Timeline/schedule for event load in and load out activities will require working outside of normal construction hours established in SMMC Section 4.12.110. Working within normal construction hours would extend the overall schedule for load in and load out. Working within normal construction hours would conflict with some of the operational parameters in place for vehicle access to the Pier that have been designed to maintain Pier business operations and visitor experience. Event load in and load out activity on the beach and adjacent Santa Monica Pier Deck will be conducted in accordance City service needs, ongoing Pier Bridge replacement project construction, and Pier operational requirements. Event teams will be required to work with City’s interdepartmental team to establish a construction management plan to minimize impacts to public access to the Pier, beach, and surrounding neighborhood, and to ensure safe circulation and construction operations.
ii. Provisions in Santa Monica Municipal Chapter 4.12, Noise, including, but not limited to, Sections 4.12.025, 4.12.030, 4.12.040, 4.12.050, 4.12.060, 4.12.080,

4.12.100, 4.12.105, 4.12,110
The premise and goal of the Pitchside Club Event is to create a high-visibility World Cup destination on the Pier with world-class live music on opening night and live match

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Packet Pg. 617 Attachment: Exemption Resolution Pitchside Club_Final (7629 : Major Events) 7 viewing during the World Cup games to a large audience in an iconic setting via the most up-to-date audio technology available and is simply not feasible without a temporary waiver of the City’s existing noise provisions.

Pursuant to the License Agreement between Momentum-NA, Inc. and the City, Momentum will also be required to implement best audio practices in the live music industry, including: directing speakers inward towards Event attendees and rotating the stage as far as possible to the south-south-west (while complying with all Coastal Commission requirements) to focus sound inside the festival perimeter and minimize noise bleed outside of the festival perimeter; minimizing the use of the Main Stage public address system and implementing three rows of delays to prevent echo; and using a state-of-the-art L2 sound system in cardioid mode to reduce rear radiated energy. iii. Provisions in Santa Monica Municipal Code Chapters 4.68, Community Event, and Chapter 9.61, Signs, including but not limited to Sections

4.68.130, 9.61.140, and 9.61.230
In line with the goals of the world-class event, and to adequately promote the largescale event in a short period of time, Momentum is seeking the ability to add (i) temporary large and small scale branding at the Event site, including externally facing along the Pier deck, and (ii) temporary branded signage elements on the Viceroy Hotel, which is serving as an ancillary site for Event lodging and production support, and at an intersection located at the Viceroy Hotel, during a limited period during the Event for which the Viceroy Hotel is being utilized. To ensure appropriate site management and pedestrian and traffic safety, Momentum will also need additional flexibility to provide wayfinding signage at various City locations to be determined by the City Manager.

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Packet Pg. 618 Attachment: Exemption Resolution Pitchside Club_Final (7629 : Major Events) 8 (B) The premises at which the Community Event will be held will be restored to the original conditions in place prior to the requested exemption.

Pursuant to the License Agreement between Momentum and the City, Momentum shall restore the premises and return them to the City in the same condition in which it was prior to Momentum’s use of the premises, including a full clean-up, removal of all litter, equipment and personal property, etc.
(C) The requested exemptions are limited to the event period and are otherwise temporary in nature.

The Pitchside Club Event is a three-week event, including load-in, activation, and load out in June 2026. Pursuant to the License Agreement, the daily operational hours of the event shall be as follows: Monday - Friday 11 am – 9 pm PDT; Saturday – Sunday 10am – 9pm PDT; provided that opening day of June 11, 2026, may be extended to no later than 12:30 a.m PDT (June 12, 2026).
(D) The proposed event is of extraordinary scope and will provide a significant benefit to the community.

The Pitchside Club Event will attract local residents and international visitors alike, will generate significant indirect economic and community benefits, and will promote Santa Monica on a national and global stage.

Event Background
Momentum is looking to use the Santa Monica Pier parking deck (the “License Area”) to host a “fan zone”-type activation in connection with the 2026 World Cup. Except with respect to the opening night, admission will be free to those over the age of 21,

11.A.b
Packet Pg. 619 Attachment: Exemption Resolution Pitchside Club_Final (7629 : Major Events) 9 although tickets will still be required for entry to maintain crowd control. Attendance is expected to be as high as 5,000 people per day, for a total of roughly 70,000 total attendees.

Economic Benefits from the Event
The City of Santa Monica will experience the following types of economic benefits from the Event:

1. General Economic Benefits
• Direct jobs, labor income, and economic output within the city associated with event setup and takedown, including some jobs and labor income that may accrue to Santa Monica residents.
• Indirect economic impacts resulting from event setup and takedown that involve supply chain purchases of goods and services from Santa Monica businesses. • Induced economic impacts associated with household spending by directly and indirectly impacted Santa Monica workers associated with the event. • Similar direct, indirect, and induced economic impacts associated with event operations and economic activity generated by out-of-town visitor spending at the event and elsewhere in the city, some of which may accrue to Santa Monica residents and businesses. Promotion of Santa Monica as a tourism destination via the event sponsor’s advertising.

2. Tax Revenue Benefits

11.A.b
Packet Pg. 620 Attachment: Exemption Resolution Pitchside Club_Final (7629 : Major Events) 10 • Business License Tax revenue from all business activity occurring within the License Area related to setup, takedown, and operation of the event. • Additional sales of food, beverages, and merchandise within the License Area resulting in additional sales tax revenue.
• Incidental spending by employees associated with event setup, takedown, and operations resulting in additional sales tax revenue and Business License Tax revenue for businesses where spending occurs.

Incidental spending by out-of-town visitors within the Downtown area and elsewhere in the city for food, beverage, and retail shopping resulting in additional sales tax revenue and Business License Tax revenue for businesses where spending occurs.

Using the City’s typical visitor shares of daytrip and overnight visitors, as well as average spending of $47 per person per day, indicates about $3.3M in total sales in the city across the full two-week event (assuming the maximum per day attendance of 5,000 people). • Incremental Transient Occupancy Tax revenue generated from overnight stays by employees involved in event setup and takedown.
• Incremental Transient Occupancy Tax revenue associated with out-of-town overnight guests attending the event. Since 2023, the average hotel room rate in the month of June in Santa Monica has been $363.
• Parking Tax revenues associated with net additional paid parking within the City. • Incremental traffic fine revenue associated with event personnel and out-of-town event visitors.

11.A.b
Packet Pg. 621 Attachment: Exemption Resolution Pitchside Club_Final (7629 : Major Events) 11 (E) Momentum has agreed to implement best practices and adequate procedures to minimize noise levels and other impacts from the festival.

Momentum has agreed to implement best practices and adequate procedures to minimize and respond to impacts from the Event. With respect to noise, Momentum’s best practices and procedures include, but are not limited to, proposed siting and design of the Event to reduce noise levels based upon best practices in the music industry for outdoor events. Momentum will be required to implement best audio practices in the live music industry, including:
1) Utilization of numerous smaller, pointed sound sources around the Event space rather than fewer large sound sources to reduce long distance propagation of audio energy;
2) Implementation of physical activation/event infrastructure and aesthetics to block and reduce sound from radiating off site when feasible; 3) Monitoring the sound level at various locations and actively altering sound system parameters to mitigate issues if they arise.
4) Situating amplified sound equipment in such a way to face slightly downward and at inward angles pointing West toward the ocean and toward the middle of the Event space.

With years of event and experiential activation experience across many settings, Momentum and its public address (PA) provider are able to optimize on-site sound quality while minimizing off-site sound energy.

11.A.b
Packet Pg. 622 Attachment: Exemption Resolution Pitchside Club_Final (7629 : Major Events) 12 SECTION 2. This Resolution shall become effective subject to and upon the effectiveness of the Major Special Events Ordinance introduced for first reading concurrently herewith.

SECTION 3. City Manager is hereby authorized to approve additional exemptions from the Municipal Code to meet operational needs of the event where the City Manager has made the findings set forth in Santa Monica Municipal Code Section 4.68.210(E).

SECTION 4. 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
City Attorney

11.A.b
Packet Pg. 623 Attachment: Exemption Resolution Pitchside Club_Final (7629 : Major Events) 1 City Council Meeting: April 14, 2026 Santa Monica, California RESOLUTION NUMBER _________ (CCS)
(City Council Series)

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

SANTA MONICA ADOPTING CERTAIN MUNICIPAL CODE WAIVERS DURING THE 2026 GOLDENVOICE MUSIC AND CULTURAL FESTIVAL
WHEREAS, over the next several years, the Los Angeles region will become a global stage for some of the world’s most watched sporting and cultural events, drawing millions of visitors, international media attention, and significant economic activity across the region; and
WHEREAS, Santa Monica’s coastline, public spaces, and established reputation as a world-class destination create a rare opportunity for the City to participate and help shape this regional movement on the global stage; and
WHEREAS, Santa Monica is preparing to host several high-profile sporting and cultural events that are expected to draw significant regional, national, and international attention; and
WHERAS, event activations include hosting international delegations, brands, and production agencies expressing interest in temporary installations, hospitality houses, and broadcast centers; and
Attachment C 11.A.c
Packet Pg. 624 Attachment: Exemption Resolution GoldenVoice Final 2 (7629 : Major Events) 2 WHEREAS, these events will bring global audiences, international exposure, cultural festivals, and hospitality activations throughout the region; and WHEREAS, these events will result in increased foot traffic and visitor activity for the Pier, Promenade, and other retail spaces, economic benefits for nearby hotels, restaurants, and small business; and
WHEREAS, with its iconic beachfront, strong transit connectivity, and established global reputation, Santa Monica is well positioned to engage in regional coordination and pursue strategic partnerships that maximize the benefits of this heightened period of visibility; and
WHEREAS, the upcoming major event cycle will include the 2026 Goldenvoice Music and Cultural Festival (the “Festival”); and
WHEREAS, the Festival will be a large-scale outdoor activation tailored to Santa Monica’s coastal setting and urban environment, with regional draw, coordinated site planning, temporary infrastructure, and a significant operational footprint; and WHEREAS, the Festival is intended to build on Santa Monica’s cultural identity and create an event that attracts visitors, generates media interest, and contributes to the local economy; and
WHEREAS, the inaugural concept envisions a two-day Festival featuring musical artists, curated food and beverage offerings, festival and artist merchandise, art installations, partnership activations, and guest amenities; and WHEREAS, the Festival footprint would utilize the Sandbox, the Santa Monica Pier Parking Deck, and portions of adjacent beach parking lots; and

11.A.c
Packet Pg. 625 Attachment: Exemption Resolution GoldenVoice Final 2 (7629 : Major Events) 3 WHEREAS, Goldenvoice is developing the Festival in coordination with City staff to ensure that public safety, mobility, sound mitigation, accessibility, sustainability, and coastal compliance are addressed as the concept advances; and WHEREAS, the Festival is anticipated to support Santa Monica’s identity as a cultural and entertainment destination and to generate economic activity for hotels, restaurants, and other local businesses; and
WHEREAS, in addition to the Festival itself, Goldenvoice has identified a range of potential community benefits that would be incorporated into the License Agreement, including youth-focused public programming, workforce and career exposure opportunities, collaboration with Pier and Downtown partners, support for local business participation, and marketing efforts intended to increase visitor activity in Santa Monica before, during, and after the Festival; and
WHEREAS, the proposal also contemplates reasonable efforts to utilize Santa Monica hotels, restaurants, vendors, artists, workforce and other businesses where feasible, with particular attention to Pier and beach-adjacent businesses; and WHEREAS, the Festival also presents an opportunity to broaden Santa Monica’s event portfolio with a major cultural activation that complements the City’s sports-related opportunities and helps sustain momentum into the 2027 and 2028 event cycle; and WHEREAS, the Festival’s License Agreement includes provisions addressing community engagement, public safety, mobility, sound mitigation, sustainability, accessibility, local business coordination, and post-event restoration; and

11.A.c
Packet Pg. 626 Attachment: Exemption Resolution GoldenVoice Final 2 (7629 : Major Events) 4 WHEREAS, with this event, the City’s objective is to secure a well-managed activation that supports local economic development while protecting public assets and minimizing impacts; and
WHEREAS, the City Manager’s Office Major Events Division and a cross-departmental working group have been planning for the operational, logistical, and community impacts associated with this large-scale activation in the City; and WHEREAS, the Festival foresees active uses of event space, including amplified sound and visible branding necessary for economic viability; and WHEREAS, in conjunction with approval of the Festival and other events, on April 14, 2026, City Council introduced for first reading an ordinance to, among other things amend to Santa Monica Municipal Code Section 4.68.210, which allows Council, by resolution, to exempt certain special events from discrete Municipal Code requirements, or to authorize the City Manager to make exemptions, if the following findings are met:
(1) Strict application of the Municipal Code would result in practical difficulties or unnecessary hardships, which would frustrate the purposes of the event; (2) The requested exemption is limited to the event period and is otherwise temporary in nature; (3) The premises at which the event will be held will be restored to the original conditions in place prior to the requested exemption; (4) The proposed event is of extraordinary scope and will provide a significant benefit to the community, including, but not limited to, events that (a) generate significant indirect economic and community benefits; (b) attract both residents and visitors; and (c) promote Santa Monica on a regional, national, and global stage; and (5) The permittee or licensee has agreed to implement best practices and provide adequate procedures to minimize and respond to event impacts; and

11.A.c
Packet Pg. 627 Attachment: Exemption Resolution GoldenVoice Final 2 (7629 : Major Events) 5 WHEREAS, in order to effectuate the Festival, targeted exemptions to the Santa Monica Municipal Code are required to better accommodate this major special event (the “Major Special Events Ordinance”); and
WHEREAS, the exemptions are intended to provide operational flexibility and allow the City to support the Festival; and
WHEREAS, the City Council has identified this large upcoming event as extraordinary or unique in scope, scale, or benefit, and the Council deems the below ordinance exemptions necessary to facilitate these major events.

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

SECTION 1. The City Council hereby exempts the Festival from provisions of the Santa Monica Municipal Code as set forth below based upon the following findings:
(A) Strict application of the Santa Monica Municipal Code would result in practical difficulties or unnecessary hardships, which would frustrate the purposes of the event
i. SMMC Section 4.12.110 (Restrictions on demolition, excavation, grading, spray painting, construction, maintenance or repair of buildings):

The Festival and temporary events on the Santa Monica Pier and Santa Monica Beach include construction of temporary structures. Timeline/schedule for Festival load in and load out activities will require working outside of normal construction hours established in SMMC Section 4.12.110. Working within normal construction hours would extend the overall schedule for load in and load out. Working within normal construction hours would conflict with some of the operational parameters in place for vehicle access

11.A.c
Packet Pg. 628 Attachment: Exemption Resolution GoldenVoice Final 2 (7629 : Major Events) 6 to the Pier that have been designed to maintain Pier business operations and visitor experience. Festival load in and load out activity on the beach and adjacent Santa Monica Pier Deck will be conducted in accordance with City service needs, ongoing Pier Bridge replacement project construction, and Pier operational requirements. Event teams will be required to work with City’s interdepartmental team to establish a construction management plan to minimize impacts to public access to the Pier, beach, and surrounding neighborhood, and to ensure safe circulation and construction operations. ii. Provisions in Santa Monica Municipal Chapter 4.12, Noise, including, but not limited to, Sections 4.12.025, 4.12.030, 4.12.040, 4.12.050, 4.12.060, 4.12.080,

4.12.100, 4.12.105, 4.12,110
The premise and goal of the Festival is to convey world-class live music to a large audience in an iconic setting via the most up-to-date audio technology available and is simply not feasible without a temporary waiver of the City’s existing noise provisions.

Pursuant to the License Agreement between Goldenvoice and the City, the Festival will not be an electronic dance music-focused or bass-focused event.

Goldenvoice will also be required to implement best audio practices in the live music industry, including: directing speakers inward towards festival attendees and rotating the stage as far as possible to the south-south-west (while complying with all Coastal Commission requirements) to focus sound inside the festival perimeter and minimize noise bleed outside of the Festival perimeter; minimizing the use of the Main Stage public address system and implementing three rows of delays to prevent echo; and using a state-of-the-art L2 sound system in cardioid mode to reduce rear radiated energy.

11.A.c
Packet Pg. 629 Attachment: Exemption Resolution GoldenVoice Final 2 (7629 : Major Events) 7 iii. Provisions in Santa Monica Municipal Code Chapters 4.68, Community Event, and Chapter 9.61, Signs, including but not limited to Sections 4.68.130, 9.61.140, and 9.61.230
In line with the goals of the world-class live music and art festival, and to adequately promote the large-scale event in a short period of time, Goldenvoice is seeking the ability to add creative special events signage at up to two nearby City intersections and on three mural walls to be located at mutually agreeable public locations to be determined by the City Manager. To ensure appropriate site management and pedestrian and traffic safety, Goldenvoice will also need additional flexibility to provide wayfinding signage at various City locations to be determined by the City Manager. (B) The premises at which the Community Event will be held will be restored to the original conditions in place prior to the requested exemption.

Pursuant to the License Agreement between Goldenvoice and the City, Goldenvoice shall restore the premises and return them to the City in the same condition in which it was prior to Goldenvoice’s use of the premises, including a full clean-up, removal of all litter, equipment and personal property, etc. (C) The requested exemptions are limited to the event period and are otherwise temporary in nature.

The Festival is a limited-duration multi-genre festival, featuring a variety of performers over two days (weekend) in September 2026. Pursuant to the License Agreement, the live music performances are scheduled between the hours of 12:00 pm

11.A.c
Packet Pg. 630 Attachment: Exemption Resolution GoldenVoice Final 2 (7629 : Major Events) 8 — 11:00 pm on the first festival day and 12:00 pm — 10:00 pm on the second festival day.
(D) The proposed event is of extraordinary scope and will provide a significant benefit to the community.

The Festival will attract local residents, national visitors and potentially international visitors alike, will generate significant indirect economic and community benefits, and will promote Santa Monica on a national and global stage.

Event Background
Goldenvoice is looking to use several parking lots, a portion of Santa Monica Beach, and the Santa Monica Pier Deck (“Licensed Area”) to host the Festival, which will take place over two week-end days in September. Festival capacity will be limited to 35,000 paid ticketed attendees per day, for a total of 70,000 attendees for the entire event.

Proposed Impact Metrics
The City of Santa Monica will experience the following types of economic benefits from the event:

1. General Economic Benefits
• Direct jobs, labor income, and economic output within the city associated with event setup and takedown, including some jobs and labor income that may accrue to Santa Monica residents.
• Indirect economic impacts resulting from event setup and takedown that involve supply chain purchases of goods and services from Santa Monica businesses.

11.A.c
Packet Pg. 631 Attachment: Exemption Resolution GoldenVoice Final 2 (7629 : Major Events) 9 • Induced economic impacts associated with household spending by directly and indirectly impacted Santa Monica workers associated with the event. • Similar direct, indirect, and induced economic impacts associated with event operations and economic activity generated by out-of-town visitor spending at the event and elsewhere in the city, some of which may accrue to Santa Monica residents and businesses. Promotion of Santa Monica as a tourism destination via the event sponsor’s advertising.

2. Tax Revenue Benefits
• Business License Tax revenue from all business activity occurring within the License Area related to setup, takedown, and operation of the event. • Additional sales of food, beverages, and merchandise within the License Area resulting in additional sales tax revenue.
• Incidental spending by employees associated with event setup, takedown, and operations resulting in additional sales tax revenue and Business License Tax revenue for businesses where spending occurs.
• Incidental spending by out-of-town visitors within the Downtown area and elsewhere in the city for food, beverage, and retail shopping resulting in additional sales tax revenue and Business License Tax revenue for businesses where spending occurs. Using the City’s typical visitor shares of daytrip and overnight visitors, as well as average spending of $47 per person per day, indicates about $3.3M in total sales in the city across the full two-day event (assuming the maximum per day attendance of 35,000 people).

11.A.c
Packet Pg. 632 Attachment: Exemption Resolution GoldenVoice Final 2 (7629 : Major Events) 10 • Incremental Transient Occupancy Tax revenue generated from overnight stays by employees involved in event setup and takedown.
• Incremental Transient Occupancy Tax revenue associated with out-of-town overnight guests attending the event. Since 2023, the average hotel room rate in the month of June in Santa Monica has been $363.
• Parking Tax revenues associated with net additional paid parking within the City. • Incremental traffic fine revenue associated with event personnel and out-of-town event visitors.
• Ticket fee revenues paid by the Licensee to the City associated with an additional per paid ticket fee ($2 for each single ticket sold; $4 for each two-day ticket sold) for a potential total of $140,000.
(E) Goldenvoice has agreed to implement best practices and adequate procedures to minimize noise levels and other impacts from the Festival.

Goldenvoice has agreed to implement best practices and adequate procedures to minimize and respond to impacts from the festival. With respect to noise, Goldenvoice’s best practices and procedures include, but are not limited to, proposed siting and design of the Festival shall reduce noise levels based upon best practices in the music industry for outdoor events. Goldenvoice will be required to implement best audio practices in the live music industry, including:
1) Electronic steering of sound away from sensitive locations;

11.A.c
Packet Pg. 633 Attachment: Exemption Resolution GoldenVoice Final 2 (7629 : Major Events) 11 2) Utilization of numerous smaller sound sources rather than fewer large sound sources to reduce long distance propagation of audio energy; 3) Utilizing 3D prediction software in order to optimize sound system locations, heights, and coverage;
4) Implementation of physical festival infrastructure and aesthetics to block and reduce sound from radiating off site when feasible;
5) Implementing a sound limit for the sound at various locations; and 6) Monitoring the sound level at various locations and actively altering sound system parameters to mitigate issues if they arise.

With years of festival experience across many settings, Goldenvoice and its public address (PA) provider are able to optimize on-site sound quality while minimizing off-site sound energy.

SECTION 2. This Resolution shall become effective subject to and upon the effectiveness of the Major Special Events Ordinance introduced for first reading concurrently herewith.

SECTION 3. City Manager is hereby authorized to approve additional exemptions from the Municipal Code to meet operational needs of the event where the City Manager has determined made the findings set forth in Santa Monica Municipal Code Section

4.68.210(E).

SECTION 4. The City Clerk shall certify to the adoption of this Resolution, and thenceforth and thereafter the same shall be in full force and effect.

11.A.c
Packet Pg. 634 Attachment: Exemption Resolution GoldenVoice Final 2 (7629 : Major Events) 12 APPROVED AS TO FORM:
_________________________

HEIDI VON TONGELN
City Attorney

11.A.c
Packet Pg. 635 Attachment: Exemption Resolution GoldenVoice Final 2 (7629 : Major Events) Back of House: Offices & Storage
Tent & cabin structure (12m x 85m)
370m²
100m²
200m²
First Floor:450m²
270m²
270m²
270m²
270m²
First Floor +Terrace: 160m²
20m²
40m²
50m²
30m²
30m²
30m²
30m²
First Floor (Internal): 425m²
Second Floor (External): 425m²
240m²
First Floor:750m²
Second Floor:750m²
Total Internal Area
Total External Area
(Balconies and Terraces)
4,225m²
1,565m²
295m²
Second Floor
(Internal):
100m²
Second Floor (External): 140m²
75m²
Sheet No. Drawn by: Date: Scale: Version:

Project: Simon Hardie Notes: Internal and external sqm shown 1:700 31st March 2026

3.4 Site Address: Crescent Bay Park, Santa Monica Santa Monica Nations' Village 28 10m 0 10m 20m 30m 40m 50m

11.A.d
Packet Pg. 636 Attachment: SANTA_MONICA_Nations'_Village Site Plan (7629 : Major Events) 1 City Council Meeting: April 14, 2026 Santa Monica, California RESOLUTION NUMBER _________ (CCS)
(City Council Series)

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
SANTA MONICA RESCINDING RESOLUTION NO. 11708 AND ADOPTING A

REVISED POLICY ESTABILSHING A SIGNATURE EVENTS CATEGORY,

DESIGNATING SANTA MONICA SIGNATURE EVENTS, AND AUTHORIZING

WAIVER OF CITY EVENT FEES FOR DESIGNATED SIGNATURE EVENTS WHEREAS, on October 14, 2025, the City Council adopted Resolution No. 11708 (CCS) setting forth a policy for designating signature events, and authorizing the waiver of designated fees; and
WHEREAS, the City Council wishes to rescind Resolution No. 11708, and revise it as set forth herein to add an additional fee subject to waiver; and WHEREAS, the City of Santa Monica is a highly desirable year-round event venue for large scale events, and the City has received an increasing number of requests from a variety of organizations and event producers to waive certain fees for special events; and
WHEREAS, special events greatly enhance the community of the City, and provide numerous public benefits, both tangible and intangible; and WHEREAS, the waiver of City fees can reduce the financial burden on event organizers and allow the City to establish mutually beneficial partnerships with community groups, however, such waivers can create funding gaps in the budgets of City Departments; and
WHEREAS, certain events have been traditionally celebrated or observed in the City, or are otherwise tied to the history of the community; and Attachment E 11.A.e
Packet Pg. 637 Attachment: Resolution Revised Signature Events (7629 : Major Events) 2 WHEREAS, such events draw widespread participation from residents of Santa Monica and its surrounding communities, as well as drawing tourists and visitors, and confer a benefit on the local economy; and
WHEREAS, the City may choose to selectively fund certain activities it believes to be in the public interest, without at the same time funding alternative programs, and in supporting the preferred programs, the City is not considered to be engaging in viewpoint discrimination (Rust v. Sullivan (1991) 500 U.S. 173, 193); and WHEREAS, in the interest of fairness and consistency, the Council wishes establish specific, viewpoint-neutral criteria to identify its signature events, and set forth fiscally sustainable parameters for the benefits to such events.

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

SECTION 1. Criteria. To be considered a signature event eligible for fee waiver or subsidy pursuant to this Resolution, an event must meet the following criteria:

A. Takes place at a City-owned site.

B. Is produced by or benefits a nonprofit.

C. Is free and open to the public.

D. Demonstrates a commitment to the City of Santa Monica, as evidenced by having taken place at least annually for at least three years.

E. Provides cultural, social, and/or recreational benefit to the residents of the City, and/or provides economic enhancement and positive promotion of the City.

11.A.e
Packet Pg. 638 Attachment: Resolution Revised Signature Events (7629 : Major Events) 3 F. Provides revenue generating opportunities for local business and City facilities.

G. The following shall be ineligible:

1. Events that are primarily political in nature.

2. Events that endorse religion or for which the waiver will directly fund religious worship, instruction, or proselytization. Cultural events hosted by a religious group but categorized primarily as a celebration of pluralism and diversity, rather than an endorsement of religion, are not prohibited.

3. Events whose principal component is merchandise sales or exhibits, business promotions, or product or service launches.

4. Events hosted by organizations based outside of Santa Monica, unless the demonstrated benefits or services are primarily for the residents of Santa Monica.

SECTION 2. Signature Events. The Council finds the Signature Events attached hereto in Exhibit A currently meet the criteria set forth in this Resolution, and are entitled to the benefits set forth herein.

SECTION 3. Benefits. Signature Events are eligible for the following benefits:

A. A one-time waiver of outstanding debt for past events, effective as of October 14, 2025.

B. The benefits set forth in Exhibit B, attached hereto.

SECTION 4. Rules and Regulations.

11.A.e
Packet Pg. 639 Attachment: Resolution Revised Signature Events (7629 : Major Events) 4 A. Following adoption of this Resolution, the Recreation and Parks Commission (RPC) shall be delegated the authority to review this Resolution bi-annually and decide whether any events should be added or removed from the list of Signature Events based on the criteria set forth in this Resolution. The decision of the RPC may be appealed to the Director based on the procedure set forth in Santa Monica Municipal Code section 4.68.090.

B. Signature Events shall be responsible for the payment of all other fees required by the Community Events Ordinance, Santa Monica Municipal Code Chapter 4.68, or any other applicable state or local law or regulation.

C. Funding for any signature event is not guaranteed from year to year, and is within the discretion of the Council and subject to budgetary appropriation.

D. The Council has not retained a role for itself in the permit application process and it has instead prospectively exempted certain events from paying fees or providing a subsidy to Signature Events based on the specific articulated criteria in this Resolution. The Council reserves no explicit authority to waive fees or grant a subsidy to events on an application-by-application basis, but does reserve the right, through future action, to amend this Resolution.

E. Nothing in this Ordinance shall limit the City’s ability to produce, co-produce, or sponsor events pursuant to the process outlined in Administrative Instruction 4-21, or to waive fees pursuant to any existing agreement.

F. Nothing in this Ordinance shall limit the City’s ability to waive fees for indigent persons as outlined in SMMC 4.68.080 or 4.68.140.

SECTION 5. Resolution 11708 (CCS) is hereby repealed.

11.A.e
Packet Pg. 640 Attachment: Resolution Revised Signature Events (7629 : Major Events) 5 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

11.A.e
Packet Pg. 641 Attachment: Resolution Revised Signature Events (7629 : Major Events) 6 Exhibit A
City of Santa Monica
Recreation and Arts Department
Signature Events 2025
Event Name Event Organizer
Pier 360 Santa Monica Pier Corporation
Locals Night Santa Monica Pier Corporation
Easter on the Promenade Downtown Santa Monica
Pride on the Promenade Downtown Santa Monica
Dia de Los Muertos on the Promenade Downtown Santa Monica Open Main Street - Summer Solstice
Main Street Business Improvement
Association
Montana Ave Art Walk Montana Merchants Association
Open Main Street - Day of the Dog
Main Street Business Improvement
Association
July 4th Parade Ocean Park Association
Festival of Chariots
International Society for Krishna
Consciousness
LA Opera at the Beach LA Opera
Ice Grand Opening Day Downtown Santa Monica
Westside Unity Classic Car Show Pico Youth & Family Center Veteran’s Day Ceremony United States Army

11.A.e
Packet Pg. 642 Attachment: Resolution Revised Signature Events (7629 : Major Events) 7 Exhibit B
City Event Fees
All fees are subject to increase by annual resolution.

Waivable Event Fees
Department Fee Name Fee
CDD/Building & Safety Single Trade Permit $430.46
CDD/Building & Safety Plan check review $315.93
CDD/Planning & Zoning Temporary Use Permit (TUP) $1,147.41 CDD/Planning & Zoning TUP for re-occurring events or in private space
$491.99
DOT Metered Parking Space
Reservation
Posted rate
DOT Pier Parking Daily rate
DOT One-day Valet Permit $889.28
DOT Temporary No Parking Sign
Issuance
$86.53
DOT Temporary “No Parking” Sign
removal
$240.70/sign
DOT Oversize Load Permit $16 (one-way)
$32 (two-way)
DOT Roadway Closure Permit $358.79
DOT Traffic Control Plan Standard
Review (Review 1 & 2)
$370.52/sheet
DOT Traffic Control Plan Standard
Review (Review 3+)
$391.96/sheet
DOT Traffic Control Plan Expedited
Review (Review 3+)
$484.74/sheet
DOT Parking Specialist Event Support $335.06/hr.

DOT Parking Manager Event Support $661.47/hr.

DOT Traffic Engineer Event Support $396.84/hr.

DOT/BBB Moving Bus Stop $797.83
FINANCE Business License $194.00
PW/RRR Event Coordination Fee (bins or
carts)
$319.31
PW/RRR Event Bin Rental (Trash,
Compost, or Recycling)
$325.90/bin
PW/RRR Event Cart Rental (Trash,
Compost, or Recycling)
$169.38/cart
PW/RRR Add’l Bin Service $138.50
PW/RRR Add’l Cart Service $110.19
RAD Application Fee $50-$380.57
RAD Administrative Fee $121.21-$886.61
SMFD Fire Personnel Benefits portion of costs per hour
SMFD Candles/Open Flame Permit $175.25
SMFD LPG/Propane Permit $128.30
SMPD Police Personnel Benefits portion of costs per hour

11.A.e
Packet Pg. 643 Attachment: Resolution Revised Signature Events (7629 : Major Events) 8 Department Fee Name Fee
SMPD Motorcycle $72.86/day
SMPD Police Horse $36.42/day
SMPD Rescue boat $291.49/4 hrs
$36.40 ea. add’l hr.

Non-Waivable Event Fees
Department Fee Name Fee
CDD/Building & Safety After-hours inspection – 2hrs. $631.86 CDD/Building & Safety After-hours inspection – 4hrs. $1,263.72 DOT Temporary “No Parking” Signs $1.98/sign
PW/RRR Refundable Beach and Park
Clean-up Deposit
$0-$1,500
RAD Neighbor Notification $229.75 – fixed venue
$0.78/per piece extending beyond
fixed venue
SMFD Fire Personnel Staff time is to be charged at the
hourly rate or overtime rate, as
applicable, excluding benefits
(base rate)
SMPD Police Personnel Staff time is to be charged at the hourly rate or overtime rate, as
applicable, excluding benefits
(base rate)

11.A.e
Packet Pg. 644 Attachment: Resolution Revised Signature Events (7629 : Major Events) 1 City Council Meeting: April 14, 2026 Santa Monica, California RESOLUTION NUMBER _________ (CCS)
(City Council Series)

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
SANTA MONICA REVISING THE EXHIBIT R OF THE CITY’S MASTER FEE

SCHEDULE RELATED TO BEACH PARKING RATES
WHEREAS, it is the City of Santa Monica’s (“City”) general policy to charge for the full costs of services provided by City staff when such services benefit individual uses, rather than members of the community as a whole, and
WHEREAS, the Santa Monica Municipal Code authorizes the City to establish by resolution charges for commercial and other uses of public property; and WHEREAS, the City further makes various locations, including parking lots, available for recreational activities and events pursuant to City guidelines; and WHEREAS, the City maintains a Master User Fee Schedule to allow the public to easily gather information about such fees, and
WHEREAS, the 2025 – 2026 Fiscal Year Master Fee Schedule (“Master Fee Schedule”) was adopted on June 24, 2025, when the City Council adopted Resolution Number 11676 (CCS) (“Master Fee Resolution 11676”); and WHEREAS, Exhibit R of the Master Fee Schedule includes fees related to Recreation and Arts, including fees related to beach parking lots rented for community events; and
WHEREAS, on June 24, 2025, City Council adopted Resolution 11678, establishing parking rates and permit fees for all City parking facilities and resources; and Attachment F

11.A.f
Packet Pg. 645 Attachment: Master Fee Resolution Update (7629 : Major Events) 2 WHEREAS, on October 28, 2025, Council adopted Resolution Number 11715 to increase parking rates as directed by City Council at its August 12, 2025 meeting, create a discounted validation rate for downtown parking structures as directed by City Council at the August 12, 2025 meeting, create a Special Holiday Rate as directed by City Council at the August 12, 2025 meeting, create a new ADA Placard parking rate as directed by City Council at the August 12, 2025 meeting, and
WHEREAS, on March 24, 2026, City Council adopted Resolutions11744 and 11746 to update parking Resolution 11715 and an Exhibit to Master Fee Resolution 11676; and
WHEREAS, included in Resolutions 11678, 11715, and 11744 are parking rates for the beach parking lots; and
WHEREAS, the parking lot event rental rates set forth in Exhibit R of Master Fee Resolution 11676 are inconsistent with the rates set forth in the Resolutions 11678, 11715, and 11744; and
WHEREAS, for consistency and ease of use, City Council now desires to remove the inconsistent rates in Exhibit R of the Master Fee Resolution; and WHEREAS, except for the minor updates to Exhibit R adopted by this resolution, the City Council desires to maintain all other fees and provisions of Resolutions 11676, 11744, and 11746 in full force and effect.

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

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Packet Pg. 646 Attachment: Master Fee Resolution Update (7629 : Major Events) 3 SECTION 1. The parking rates set forth in Exhibit R of the Master Fee resolution are hereby stricken. The amended Exhibit R, attached heretofore, hereby replaces Exhibit R attached to Resolution 11676.

SECTION 2. 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
City Attorney

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Packet Pg. 647 Attachment: Master Fee Resolution Update (7629 : Major Events) Community Event Fees
Rental Fees as of 4-14-26
Category of Event
(A) Category 1 Events
16+ weeks in advance
12-15 weeks in advance
8-11 weeks in advance
(B) Category 2 Events1
(C) Category 3 Events1
(D) SMMUSD Events1
Exhibit R: Recreation and Arts
Application Fee
FY2025-26 Unit
$ 100.05
$ 190.27
$ 380.57
$ 50.00
$ 50.00
$ 50.00
(E) Pier Restoration Corporation and Bayside District Corporation produced events exempt Category of Event
(A) Category 1 Events Only
Simple Events
Intermediate Events
Complex Events
Administrative Fee
FY 25-26
$ 121.21
$ 520.11
$ 886.61
(B) Pier Restoration Corporation and Bayside District Corporation produced events exempt Category of Event
(A) Category 1 Events
Fixed Venue Site
Extended Notification (for events extending beyond a fixed venue site) $ 229.75
$ 0.78 per piece
Notes:
1 Fees are not subject to the annual administrative revision and increase.

Community Events R-1

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Packet Pg. 648 Attachment: Master Fee Resolution Update (7629 : Major Events) 1 City Council Meeting: April 14, 2026 Santa Monica, California

ORDINANCE NUMBER (CCS)
(City Council Series)

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF

SANTA MONICA AMENDING SANTA MONICA MUNICIPAL CODE
CHAPTERS 4.08 (DISORDERLY CONDUCT, NUISANCES, ETC.),

4.12 (NOISE), 4.55 (PARK AND BEACH CODE), 4.68 (COMMUNITY EVENTS), 6.112 (STREET PERFORMERS), AND 9.61 (SIGNS) TO

FACILITATE MAJOR SPECIAL EVENTS
WHEREAS, over the next several years, the Los Angeles region will become a global stage for some of the world’s most watched sporting and cultural events, drawing millions of visitors, international media attention, and significant economic activity across the region; and
WHEREAS, Santa Monica’s coastline, public spaces, and established reputation as a world-class destination create a rare opportunity for the City to participate and help shape this regional movement on the global stage; and
Whereas, Santa Monica is preparing to host several high-profile sporting and cultural events that are expected to draw significant regional, national, and international attention; and
WHERAS, event activations include hosting international delegations, brands, and production agencies expressing interest in temporary installations, hospitality houses, and broadcast centers; and
WHEREAS, these events will bring global audiences, international exposure, cultural festivals, and hospitality activations throughout the region; and WHEREAS, these events will result in increased foot traffic and visitor activity for Attachment G 11.A.g
Packet Pg. 649 Attachment: Ordinance_Special Events (7629 : Major Events) 2 the Pier, Promenade, Bayside Conservation District, and other retail spaces, and economic benefits for nearby hotels, restaurants, and small business; and WHEREAS, with its iconic beachfront, strong transit connectivity, and established global reputation, Santa Monica is well positioned to engage in regional coordination and pursue strategic partnerships that maximize the benefits of this heightened period of visibility; and
WHEREAS, the upcoming major event cycle will begin in June 2026 with the FIFA World Cup, which includes multiple match days across the Los Angeles region, and, in Fall 2026, the City will partner with Goldenvoice to produce a new music and cultural festival on Santa Monica Beach; and
WHEREAS, the momentum will continue into Summer 2028, when the Olympic and Paralympic Games are expected to bring global audiences, cultural programming, and large-scale activations to sites throughout Southern California; and WHEREAS, the City Manager’s Office Major Events Division and a cross-departmental working group have been planning for the operational, logistical, and community impacts associated with such large scale activations in the City; and WHEREAS, these events foresee active uses of event space, including amplified sound, commercial sponsorships, and visible branding necessary for economic viability; and
WHEREAS, in line with these goals, this Ordinance introduces targeted amendments to several chapters of the Santa Monica Municipal Code to better accommodate major special events anticipated in the City over the next several years, including international sporting and cultural events; and

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Packet Pg. 650 Attachment: Ordinance_Special Events (7629 : Major Events) 3 WHEREAS, the amendments are intended to provide operational flexibility, streamline permitting processes, clarify existing regulations, and allow the City to support community events and temporary activations; and
WHEREAS, the Ordinance includes amendments to Santa Monica Municipal Code Section 4.08.500, Street Banners Prohibited--Exceptions, which clarify and expand provisions related to temporary street banners to allow street banners for City-sponsored, produced, and co-produced events; and
WHEREAS, this amendment allows for greater use of banners to promote major events and enhance citywide activation; and
WHEREAS, the Ordinance includes amendments to Santa Monica Municipal Code Chapter 4.12, Noise, to provide exemptions for community events and activities on public property and adds exemptions for certain non-commercial daytime outdoor activities; and WHEREAS, this amendment allows for flexibility for event-related programming while maintaining core protections through retained enforcement provisions; and WHEREAS, the Ordinance includes amendments to Santa Monica Municipal Code Chapter 4.55, Park and Beach Code, which allow temporary structures and installations through community event permits and license agreements and authorizes drone shows conducted under agreement with the City; and
WHEREAS, this amendment enables modern event programming while ensuring safety and City oversight; and
WHEREAS, community events are, by definition, atypical and not necessarily anticipated or appropriately regulated by existing citywide ordinances; and WHEREAS, the City regulates community events for the same reasons that it

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Packet Pg. 651 Attachment: Ordinance_Special Events (7629 : Major Events) 4 regulates land uses: to protect the health, safety, and public welfare by regulating traffic, noise, aesthetics, and other impacts;
WHEREAS, community events often require the provision of public services, including police, fire, transportation, and public works and additional maintenance of the facilities they use; and
WHEREAS, community events often use facilities that would otherwise be available to the public or generate revenue to the City; and WHEREAS, managing community events requires ensuring that they are compatible in size and type of use with their sites, adequate services are provided for the events, adequate cost recovery for these services is achieved, the events do not interfere with the City' s ability to provide services to the entire community, and the impacts on neighbors and others are minimized; and
WHEREAS, the Ordinance includes amendments to Santa Monica Municipal Code Chapter 4.68, Community Events, that refine definitions of “community event,” “open street event,” and “spontaneous event” and maintain the requirement for a community event permit for activities that may impact public spaces or infrastructure; and WHEREAS, the Ordinance also includes amendments to Chapter 4.68 that allow community events to include limited sponsor recognition on event signage and that provide for clear size, placement, and timing restrictions for directional signage; and WHEREAS, the Ordinance also includes amendments to Chapter 4.68 that allow Council, by resolution, to exempt certain special events from discrete Municipal Code requirements, or to authorize the City Manager to make exemptions, if the following findings are met: (1) Strict application of the Municipal Code would result in practical

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Packet Pg. 652 Attachment: Ordinance_Special Events (7629 : Major Events) 5 difficulties or unnecessary hardships, which would frustrate the purposes of the event; (2) The proposed event is of extraordinary scope and will provide a significant benefit to the community, including, but not limited to, events that (a) generate significant indirect economic and community benefits; (b) attract both residents and visitors; and (c) promote Santa Monica on a regional, national, and global stage; (3) The requested exemption is limited to the event period and is otherwise temporary in nature; (4) The permittee or licensee agrees to restore the premises at which the event will be held to the original conditions in place prior to the requested exemption; and (5) The permittee or licensee has agreed to implement best practices and provide adequate procedures to minimize and respond to event impacts; and
WHEREAS, this provision is critical to accommodate large-scale events that are extraordinary in nature, while also maintaining public access and city operational needs; and
WHEREAS, street performers and street vendors of communicative materials enrich the ambiance of Santa Monica’s unique and stimulating public spaces and their presence in the City’s most popular spaces reflects Santa Monica’s commitment to the arts and to the free exchange of ideas; and
WHEREAS, despite their value to the community, street performance and vending of communicative materials occurring on crowded public thoroughfares can jeopardize public safety and welfare by blocking traffic, impairing emergency ingress and egress, causing nuisances from excessive sound, creating unfair competition, and adversely affecting aesthetics; and
WHEREAS, the City of Santa Monica has worked since the late 1980s to create

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Packet Pg. 653 Attachment: Ordinance_Special Events (7629 : Major Events) 6 and refine street performance laws which recognize performers’ value to the community, respect constitutional rights, protect the free flow of pedestrian traffic and the safety of residents, workers, and visitors in crowded public spaces, shield local businesses from unfair competition, and preserve the aesthetic qualities of public space; and WHEREAS, the necessity of establishing, maintaining and enforcing regulations governing street performance in the City’s public spaces is exacerbated by certain of the City’s defining characteristics, including its extreme density and appeal to visitors; and WHEREAS, the City has observed performers located at the entrance to the Santa Monica Pier, specifically the northwest corner of Colorado Boulevard and Ocean Avenue, attracting crowds that spilled over from the sidewalk into the street, causing safety concerns; and
WHEREAS, the Ordinance includes amendments to Chapter 6.112, Street Performer Regulations, which update operational rules for street performers to address public safety by balancing performer activity with crowd management and event operations; and
WHEREAS, the Ordinance includes further amendments to Chapter 6.112 to ensure the safety of performers, their audience, and the general public and to prevent unreasonable interference with the ability of businesses to operate and conduct their operations; and
WHEREAS, the City’s Sign Code, Santa Monica Municipal Code Chapter 9.61, was originally adopted in 1985, and, as detailed in the administrative record and in Santa Monica Municipal Code Section 9.61.020, advances a variety of purposes and interests, including, but not limited to, protecting the health, safety, property, and welfare of the

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Packet Pg. 654 Attachment: Ordinance_Special Events (7629 : Major Events) 7 public; providing a neat, clean, orderly and attractive appearance of the community; improving the effectiveness of signs; providing for safe construction, location, erection, and maintenance of signs; preventing the proliferation of signs and sign clutter; and minimizing adverse visual safety factors to travelers of public streets and sidewalks; and WHEREAS, the Ordinance includes amendments to the Sign Code to accommodate upcoming event activations, support the City’s continued economic recovery efforts, and further the Sign Code’s goals as stated in Section 9.61.020 which:
(1) allow signs to be installed in the public right-of-way to support event-related branding and wayfinding when authorized by City agreements; (2); allow animated displays on the Santa Monica Pier Ferris Wheel; (3) remove exemptions for noncommercial signs that are temporary signs; and (4) allow temporary signs to be displayed for extended periods of time in the Bayside Conservation District so long as the tenant space has a complete building permit application or is undergoing active construction; and WHEREAS, the proposed amendments provide a content-neutral mechanism to regulate the size, duration, and circumstances of temporary signage citywide and also in the Bayside Conservation District without creating potential standards related to materials or sign construction that would be difficult to enforce; and WHEREAS, regulating all temporary signage consistently throughout the City, such that all temporary signage would be subject to the same time, place, and manner regulations as other signage, will further the City’s interests in preserving and enhancing the aesthetic, traffic safety, and environmental values of the City while at the same time providing for adequate channels of communication to the public; and WHEREAS, the amendments would further clarify that the 2024 temporary signage

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Packet Pg. 655 Attachment: Ordinance_Special Events (7629 : Major Events) 8 flexibility in the Bayside Conservation District, bound by 2nd Court, 3rd Court, Broadway, and Wilshire Boulevard, was specifically intended to support economic revitalization efforts in the Downtown area; and
WHEREAS, in the Bayside Conservation District, by focusing on objective criteria, such as tenant occupancy status and construction activity, the proposed amendments align signage flexibility with economic revitalization goals, discourage the prolonged use of vacant storefronts solely for signage display, and support broader City objectives related to occupancy rates, active use of tenant spaces, aesthetics, and preservation of the character of the Promenade, while also providing for ample channels of communication to the public; and
WHEREAS, in order to effectuate these goals, the Council deems the below ordinance amendments necessary to facilitate upcoming major events and to update the City’s signage regulations in a uniform and consistent manner.

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

SECTION 1. Santa Monica Municipal Code Section 4.08.500 is hereby amended to read as follows:

4.08.500 Street banners prohibited—Exceptions.

Notwithstanding anything contained in Section 4.08.490 hereof, temporary City banners over, on or in any public right-of-way may be hung by the City or its agents for the purpose of promoting City-sponsored, City-produced or City co-produced events and activities or for the purpose of promoting or calling attention to the City and its economic vitality, celebrating holidays, and aesthetic enhancement. All other

11.A.g
Packet Pg. 656 Attachment: Ordinance_Special Events (7629 : Major Events) 9 temporary banners are prohibited.

A City-sponsored event is a non-City event that receives financial or in-kind assistance from the City, in accordance with adopted administrative guidelines. A City-produced event is developed and implemented in its entirety solely by a City department or departments. A City co-produced event is one that has significant City staff involvement in both the planning and the implementation of the event together with a non-City entity. To be considered an event co-produced by the City, City staff must be involved in all aspects of the event including creative direction, funding and fund development, marketing and media relations, and staffing and support services.

For purposes of this Section, events and activities produced by Downtown Santa Monica, Inc., and the Pier Restoration Corporation, or their successors, are classified as City-produced and may be promoted by banners hung along and over the Third Street Promenade and Pier, respectively.

The City Manager is authorized to adopt administrative guidelines that are consistent with and that further the terms and requirements set forth in this Section.

SECTION 2. Santa Monica Municipal Code Section 4.55.060 is hereby amended to read as follows:

4.55.060 Erection of structures.

No person shall, in any park, erect, maintain, use or occupy any tent, lodge, shelter, structure or unattended installation or display. The following are exempt from this prohibition:
(a) City structures and installations;
(b) Other displays or installations authorized by a community event permit

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Packet Pg. 657 Attachment: Ordinance_Special Events (7629 : Major Events) 10 or license issued by the City.

Persons displaying or installing pursuant to the exemptions in subsection (b) of this Section must comply with applicable safety standards, cover any attendant costs to the City unless otherwise agreed to by license agreement with the City, if any, and agree to hold the City harmless as to injury or loss resulting from the installation or display. The City Manager may adopt administrative guidelines for allocating the space available for displays and installations.

SECTION 3. Santa Monica Municipal Code Section 4.55.110 is hereby amended to read as follows:

4.55.110. Park and beach – remote control models
(a) No person shall operate any model plane in any park, playground, beach, beach parking lot or public recreation area.
(b) No person shall operate any model car, truck or vehicle in any beach parking lot.
(c) For purposes of this Section, the following definitions shall apply:
(1) “Beach parking” includes all roadways providing access to or connecting beach parking lots.
(2) “Model plane” means any device, that flies, whether uncontrolled or controlled by radio, wire, or string, and is powered by internal combustion, electricity, gasoline, or any other type of fuel, and any device that flies by whatever means weighing more than eight ounces.
(3) “Model vehicle” means any model vehicle controlled by radio or wire and powered by internal combustion, electricity, gasoline, battery, or other type of fuel or

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Packet Pg. 658 Attachment: Ordinance_Special Events (7629 : Major Events) 11 power.
(d) This Section shall not apply to models in any area designated by the City for the use of such models if the person using the model is in compliance with posted rules governing the use of the designated area.
(e) This Section shall not apply to drone shows performed pursuant to an agreement with the City.

SECTION 4. Santa Monica Municipal Code Section 4.68.040 is hereby amended to read as follows:

4.68.040 Permit Required
(a) Definitions. The following terms as used in this Chapter have the following meanings:
(1) “Block party” means a festive gathering primarily intended for the residents and businesses located on a street and their invitees, on a street classified as a “Neighborhood Street,” “Avenue: Industrial,” or “Shared Street” in the City’s Land Use and Circulation Element (LUCE), which requires the closure of a street, or a portion thereof, to vehicular traffic, and the use of the street for the festivity. (2) “Community event” means any of the following:
(A) Any organized formation, procession, or assembly of persons, animals, vehicles, or any combination thereof, that assembles or travels in unison for any purpose, on any sidewalk, street, pedestrian path, alley, or other public right-of-way that either: (i) is likely to impede, obstruct, impair or interfere with free use of a public street, highway, alley, sidewalk, or pedestrian path; or (ii) does not comply with normal or usual traffic regulations or controls.

11.A.g
Packet Pg. 659 Attachment: Ordinance_Special Events (7629 : Major Events) 12 (B) Any event on City-owned, -controlled, or -maintained property, involving one hundred fifty or more persons, or involving 75 or more persons on the Santa Monica Third Street Promenade.
(C) An event on City-owned, -controlled, or -maintained property, which requires the placement of a tent, canopy, or other temporary structure if that placement requires a permit from the City's Fire Department or Building and Safety Division.
(D) An open street event as defined in this Section.
(E) Examples of community events may include, but are not limited to, concerts, parades, circuses, fairs, festivals, street fairs, athletic events, open street events, protests, counter-protests, demonstrations, rallies, and community celebrations.
(3) “Expressive activity” means conduct, the sole or principal object of which is the expression, dissemination, or communication by verbal, visual, literary, or auditory means of opinions, views, or ideas protected by the First Amendment of the United States Constitution and Article I of the California Constitution. (4) “Open street event” means a community event requiring the closure of a street, or portion thereof, to vehicular traffic, and the use of the closed street for the event, including, but not limited to, celebrations, street fairs, charitable events, ceremonies, events where a group of persons convene to promote walking, biking, or rolling, and other similar events, but excluding parades, athletic events, and block parties. (5) “Spontaneous event” means an event that is occasioned by news or affairs coming into public knowledge less than forty-eight hours prior to such event. Events that

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Packet Pg. 660 Attachment: Ordinance_Special Events (7629 : Major Events) 13 require advance planning, such as recreation events, competitions, contests, spectator sports, fairs, festivals, carnivals, ticketed events, sales or trade shows, or events that require a permit from Building and Safety or the Fire Department for the placement of structures shall not be considered spontaneous events.
(b) Permit Required. Except as otherwise provided by this Chapter or any other applicable law, rule or regulation or any permit or license issued hereunder or pursuant to the terms of a permit, lease, or contract which has been specifically authorized by the City Council, a community event permit shall be obtained from the Community Event Committee for all community events.
(c) Exceptions. The following events do not require a community event permit:
(1) Community events that occur on a public sidewalk or pedestrian path and are anticipated to have five hundred or fewer participants, and all participants: (i) assemble, march or walk in groups of less than fifty, two abreast, and give way to others they encounter on the public sidewalk or pedestrian path; (ii) do not obstruct traffic flow; (iii) obey all traffic regulations; and (iv) obey all applicable park regulations. (A) For any community event under this subsection (c)(1) where it is reasonably anticipated or for which the organizer becomes aware the number of participants will exceed one hundred fifty individuals, the organizer shall endeavor to provide notice to the Chief of Police at least forty-eight hours in advance of the activity, or as soon as the organizer becomes aware the event may exceed one hundred fifty people.
(B) Any event otherwise exempt from obtaining a community event permit under subsection (c)(1) may be terminated and participants ordered to

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Packet Pg. 661 Attachment: Ordinance_Special Events (7629 : Major Events) 14 disperse by the Chief of Police if, after warning the participants and providing them with an opportunity to comply, participants are not in compliance with the regulations set forth in subsection (c)(1).
(2) Block parties, so long as they comply with the provisions of Section

4.68.190, below.
(3) Community events at the following City facilities:
(A) Facilities that are predominately used and approved by the Fire Department or the Building Department as public assembly spaces do not require a community event permit so long as such events do not require a street closure or traffic diversion or require the use of other public property that does not constitute a publicn assembly space. For purposes of this subsection, public assembly spaces include, but are not limited to, the publicly accessible areas of the Civic Auditorium, the Pier Carousel, City park buildings, Annenberg Community Beach House, and Miles Memorial Playhouse.
(B) The Woodlawn Cemetery for funerals and Memorial Day services. (4) Community events that occur on school grounds and other property owned by the Santa Monica-Malibu Unified School District and the Santa Monica College. (5) Spontaneous events may be conducted on the lawn of City Hall without organizers first having to obtain a community event permit. If practicable, the organizers should give notice to the City's Community Services Director at least four hours prior to the event informing the City of the date and time of the event and providing an estimate of the approximate number of persons who will be participating.

SECTION 5. Santa Monica Municipal Code Section 4.68.050 is hereby

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Packet Pg. 662 Attachment: Ordinance_Special Events (7629 : Major Events) 15 amended to read as follows:

4.68.050 Application
(a) To receive a community event permit, a person must complete and file a community event application with the Community Event Committee, or a designated representative, on a form approved by the City. The applicant must provide the following information:
(1) A description of the proposed community event;
(2) The street or other public property and the specific area or areas thereof which will be utilized in connection with the proposed community event; (3) The manner in which the public property will be utilized; (4) The date or dates and the specific times thereof, including set-up and teardown, that the public property is to be utilized for the described community event; (5) The name, address and telephone number of the person, entity or organization sponsoring or conducting the proposed community event; (6) The name, address, email address, and telephone number of the person or persons to be contacted regarding the application or permit; (7) A zero waste plan; and
(8) Such other information as the City may require via administrative regulation. (b) For open street events, the application shall be reviewed in two phases:
preliminary conceptual approval, and then final approval upon submission of all requirements in this Section. The applicant shall submit the following:
(1) For preliminary approval by the City:
(A) Everything required in subsection (a), above.

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Packet Pg. 663 Attachment: Ordinance_Special Events (7629 : Major Events) 16 (B) A site plan with a description of the location of the right-of-way requested to be closed and its association with the event, including maps and/or drawings which identify the streets that would be affected, describing the scope and design of the event, including illustrations of the location of the following, as applicable: staging, food booths, generators, portable toilets, trash/compost/recycling bins, seating, and bike valet operations, and including a diagram of an emergency access plan with a minimum unobstructed width of twenty feet and vertical clearance of at least thirteen and one-half feet, and accommodation for accessibility needs.
(C) Presence of amplified sound or alcohol in the right-of-way, and list of equipment that will be placed in the right-of-way.
(D) Evidence that the applicant owns, leases, or rents property within the proposed closure area, or a signed letter of co-sponsorship from someone who meets those criteria.
(E) A transportation management plan to minimize the parking and traffic impacts of event attendees that promotes transit and active modes of transportation to/from the event.
(2) Once the applicant receives preliminary approval, the following shall be submitted to complete the application:
(A) A petition indicating the occupants of at least fifty-one percent of residences and businesses within the closure area have no objection to and support the closure. For residential properties impacted by the closure, the petition must be signed by the resident(s). For commercial properties, the petition must be

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Packet Pg. 664 Attachment: Ordinance_Special Events (7629 : Major Events) 17 signed by the owner, manager, assistant manager, or property manager of the business impacted by the closure. The petition must include the event name, date, time, location, and contact information of the event organizer. In the alternative, an applicant may elect to satisfy this requirement by providing a letter of support for the event from the business improvement district, Santa Monica Travel and Tourism, Chamber of Commerce, or neighborhood association associated with the proposed closure area.
(B) A temporary traffic control plan showing the necessary controls, including, but not limited to, signage and barricades required to safely close the right-of-way and detour traffic, and indication of bus and transit stops along the proposed closure area. Permit holders are responsible for procuring and placing all traffic control devices and temporary parking signs. (C) Copies of all other permits required to be issued from the City or any other external organization, including, but not limited to, the County of Los Angeles and the State of California, and divisions thereof. If such permits have not yet been obtained, the applicant shall submit a copy of any relevant application and a projected timeline for approval.
(c) The Community Event Committee may refer the application to such City departments or personnel as the Committee deems necessary from the nature of the application for review, evaluation, investigation and recommendations regarding approval or disapproval of the application.
(d) An application must be submitted and reviewed in accordance with the time limits established in administrative regulations and guidelines established pursuant to Section

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Packet Pg. 665 Attachment: Ordinance_Special Events (7629 : Major Events) 18 4.68.200.

SECTION 6. Santa Monica Municipal Code Section 4.68.130 is hereby amended to read as follows:

4.68.130. Community event temporary signage.

Temporary or nonpermanent sign(s) identifying or pertaining to and occurring during the community event, including sponsors of the community event, may be installed by the permit holder, or designee, within the event site as defined in the community event permit, resolution, license, or, if a community permit is not required per Section 4.68.040(c), by written agreement with the City. At events on the City beach or at City parks, the logo of a commercial sponsor or vendor may be included on a small area of the temporary sign, not to exceed one square foot or five percent of the banner area, whichever is smaller, provided said sign(s) are internally oriented to the extent possible. At other event sites, the logo shall not exceed thirty percent of the banner area, provided the sign(s) are internally oriented to the extent possible. The logo of tobacco sponsors shall be prohibited.

Directional signs for walks, races, and open street events may be installed by the permit holder, or designee, provided that each sign is less than two square feet in size, attached to a street light or other utility pole at a height of between five and six feet without damaging the finish of the pole, placed without obstructing or obscuring other signage or traffic control devices, and installed less than two hours prior to the start of the event and removed within one hour of the completion of the event. A plan showing the type and location of the proposed directional signs must be submitted as part of the community event permit application and be approved by the City. The City may remove signs that do

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Packet Pg. 666 Attachment: Ordinance_Special Events (7629 : Major Events) 19 not meet the installation and removal requirements of this Section and shall charge the permittee for the cost of this removal.

SECTION 7. Santa Monica Municipal Code, Section 4.68.210 is hereby amended to read as follows:

4.68.210 Other permits and licenses and compliance with all laws. (a) The issuance of a community events permit does not relieve any person from the obligation to obtain any other permit or license required pursuant to this Code, or any other local, State, or Federal law or regulation.
(b) Community events shall comply with all local, State, and Federal laws and regulations.
(c) It shall be unlawful for any person to sponsor or conduct a community event requiring a community event permit unless a permit has been issued for the event. It is unlawful for any person to participate in such an event with knowledge the sponsor of the event has not been issued the required permit.
(d) A community event permit authorizes the permittee to conduct only the event described in the permit, and in accordance with the terms and conditions of the permit. It is unlawful for the permittee to willfully violate the terms and conditions of the permit, or for any event participant with knowledge thereof, to willfully violate the terms and conditions of the permit.
(e) City Council, by Resolution, may exempt the permittee or licensee from any requirement of this Code, including, but not limited to, the requirements set forth in this Chapter, Chapter 4.12 (Noise), Chapter 9.61 (Signs), and other provisions of the Code as necessary to facilitate the specific needs of the Community Event, and may further

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Packet Pg. 667 Attachment: Ordinance_Special Events (7629 : Major Events) 20 authorize the City Manager to exempt permittee or licensee from additional provisions of this Code as necessary. Any such exemptions from the Municipal Code shall be based on the following findings:

1. Strict application of the provisions of this Code would result in practical difficulties or unnecessary hardships, which would frustrate the purposes of the event;

2. The proposed event is of extraordinary scope and will provide a significant benefit to the community, including, but not limited to, events that: (a) generate significant indirect economic and community benefits; (b) attract both residents and visitors; and (c) promote Santa Monica on a regional, national, and global stage;

3. The requested exemption is limited to the event period and is otherwise temporary in nature;

4. The permittee or licensee has agreed to restore premises at which the Community Event will be held to the original conditions in place prior to the requested exemption; and

5. The permittee or licensee has agreed to implement best practices and provide adequate procedures to minimize and respond to event impacts.

SECTION 8. Santa Monica Municipal Code Section 6.11.030 is hereby amended as follows:

6.112.030 Rules and regulations.
(a) Subject also to Sections 6.112.050 and 6.112.060, no performer may perform:
(1) Within ten feet of any bus stop;
(2) Within ten feet of any street corner or a marked pedestrian crosswalk; (3) Within ten feet of the outer edge of any entrance of any business,

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Packet Pg. 668 Attachment: Ordinance_Special Events (7629 : Major Events) 21 including, but not limited to: doors, vestibules, driveways, outdoor dining area entries on the Promenade, and emergency exits, during the hours that any business on the premises is open to the public or to persons having or conducting lawful business within those premises;
(4) Within twenty feet of the outer edge of an outdoor dining area; (5)(4) Within ten feet of the outer edge of any entrance to any residence; (6)(5) Within twenty feet of the outer edge of any stairs or ramp on the south side of the Pier;
(7)(6) Within ten feet of the outer edge of the roadway leading to the Pier or within one hundred feet of the northwest corner of Colorado Blvd and Ocean Ave; (8)(7) On the wooden landing or wooden walkways immediately north of the Pier.
(b) No person may perform on the Third Street Promenade, the Pier, the Transit Mall, or in the Buffer Zone without first obtaining a performance permit issued by the City pursuant to Section 6.112.040 unless the performance is conducted on Monday through Friday prior to twelve noon and that day is not a holiday as defined in subsection (q) of this Section.
(c) A performer and the performer's equipment may not block or obstruct the free and safe movement of pedestrians. If a sufficient crowd gathers to observe a performer such that the passage of the public through a public area is blocked or obstructed, a Police Officer or Fire Official may disperse that portion of the crowd that is blocking or obstructing the passage of the public. If a performer cannot conduct a performance in a location without blocking or obstructing the passage of the public, a

11.A.g
Packet Pg. 669 Attachment: Ordinance_Special Events (7629 : Major Events) 22 Police Officer or Fire Official may cause the performer to leave the location or require that the performer relocate his or her equipment, but shall not prevent the performer from occupying another location in compliance with this Chapter. (d) There shall be no charge for a performance. Money given for a performance shall be on a donation only basis. A performer shall perform whether or not the performer receives compensation for the performance. A performer may not charge a set fee for the performance or use aggressive measures to solicit donations. For purposes of this subsection, aggressive measures shall include: blocking or impeding the passage of the solicitee intentionally; touching the solicitee with the intent to intimidate or coerce; following the solicitee, going behind, ahead or alongside of him or her, with the intent to intimidate or coerce; threatening the solicitee, by word or gesture, with physical harm; or abusing the solicitee with words which are offensive and inherently likely to provoke an immediate violent reaction.

A performer shall not be required to obtain a vendor permit pursuant to Chapter 6.36 or a business license pursuant to Chapter 6.04. Other Federal, State, and local laws may apply to this activity and to sales, including, without limitation, local, State, and Federal tax laws. It is each performer's sole responsibility to ensure that he or she is familiar with and complies with such laws.
(e) No performer shall construct, erect, or maintain any stage, platform, or similar structure for use during any performance unless the stage or platform:
(1) Is integral to the performance and the performance only takes place on the stage;
(2) Does not exceed four feet by four feet and one-quarter inch in height;

11.A.g
Packet Pg. 670 Attachment: Ordinance_Special Events (7629 : Major Events) 23 (3) Is removed from the public way when the performer is not performing; (4) Has beveled edges.
(f) No performer shall use any knife, sword, torch, flame, axe, saw, or other object that can cause serious bodily injury to any person, or engage in any activity, including, but not limited to, acrobatics, tumbling, or cycling, that can cause serious bodily injury to any person.
(g) No performer shall use any generator, wet cell battery with removable fill caps, or any other power source that poses a fire or public safety hazard. No performer shall connect or maintain an electrical cord to an adjacent building or to a City power source. (h) No performer may litter his or her performance site. (i) No performer shall utilize or prevent the public from utilizing any public benches, waste receptacles, or other street furniture during the performance. (j) No minor under the age of sixteen can perform unless the minor is at all times accompanied by a responsible adult eighteen years of age or older, has obtained an entertainment work permit issued by the Department of Industrial Relations of the State of California and maintains the permit in his or her possession at the time of the performance.
(k) No performer shall place any object on a public sidewalk which causes less than a four-foot contiguous sidewalk width being kept clear for pedestrian passage. (l) No performer shall perform with more instruments, props, equipment, merchandise, or other items than the performer can reasonably transport and remove all at once within three minutes.
(m) No performer shall place his or her instruments, props, equipment,

11.A.g
Packet Pg. 671 Attachment: Ordinance_Special Events (7629 : Major Events) 24 merchandise, or other items on a public sidewalk, public street, or public right-of-way for more than two hours without performing in accordance with the provisions of this Chapter.
(n) A performer shall stay with his or her instruments, props, equipment, merchandise, or other items at all times that these items are on a public sidewalk, public street, or public right-of-way.
(o) No performer shall perform in contravention of the allowable noise standards established by Chapter 4.12 and Chapter 6.116 of this Code. (p) No performer shall block or obstruct a curb cut.
(q) The following formula establishes the special performance hours that apply during specified holidays on the Third Street Promenade, the Buffer Zone, the Transit Mall, and the Pier:
(1) If the holiday follows a weekend and the next day is a workday, then the holiday shall be treated as if it were Sunday and the day preceding the holiday shall be treated as if it were Saturday.
(2) If the holiday precedes a weekend, then the holiday shall be treated as if it were Saturday and the preceding day shall be treated as if it were Friday. (3) If the holiday occurs during midweek, and is surrounded by workdays, then the holiday shall be treated as if it were Sunday and the day preceding the holiday shall be treated as if it were Friday.

The following is a list of holidays which trigger the application of this subsection: New Year's Day, President's Day, Memorial Day, Independence Day, Columbus Day, Labor Day, Veterans Day, Thanksgiving Day, and Christmas Day. The City Council

11.A.g
Packet Pg. 672 Attachment: Ordinance_Special Events (7629 : Major Events) 25 may by resolution add to this list of holidays.
(r) No performer shall perform outside designated performance zones on the Third Street Promenade and the Pier, as established by resolution of the City Council.

SECTION 9. Santa Monica Municipal Code Section 6.112.050 is hereby amended to read as follows:

6.112.050 Special Regulations for Third Street Promenade and Transit Mall In addition to the requirements of Sections 6.112.030 and 6.112.040, no performer shall perform in the Third Street Promenade or the Transit Mall outside of an enclosed building in violation of the following requirements:
(a) Except as provided in subsection (q) of Section 6.112.030, no performer shall perform except during the following time periods:
(1) Nine a.m. to eleven p.m. daily.
(2) Eleven p.m. on Friday and Saturday to one-thirty a.m. of the following day.
(b) No performer shall perform within sixty feet from of a community event boundary. unless the If the community event encompasses one or more City blocks, the City may, in its sole discretion, designate one or more performance spaces per block. in which case the performance shall be conducted according to any administrative regulations issued under this Chapter.
(c) No performer shall:
(1) Perform on the Third Street Promenade in any specific location or within that same block, for more than two hours in any six-hour period. The time required to set up and to remove any instruments, props, equipment, or other items shall be

11.A.g
Packet Pg. 673 Attachment: Ordinance_Special Events (7629 : Major Events) 26 considered part of the performance for purposes of this subdivision and subdivision (2) of this subsection (c).
(2) Perform on the Third Street Promenade on an even hour at the same location that he or she was performing on the preceding hour, or within that same block.
(3) Perform on the Transit Mall in any specific location or within that same block, for more than two hours in any six-hour period. The time required to set up and to remove any instruments, props, equipment, or other items shall be considered part of the performance for purposes of this subdivision and subdivision (4) of this subsection (c).
(4) Perform on the Transit Mall on an even hour at the same location that he or she was performing on the preceding hour, or within that same block. (5) Perform on the Buffer Zone in any specific location or within that same block, for more than two hours in any six hour period. The time required to set up and to remove any instruments, props, equipment, or other items shall be considered part of the performance for purposes of this subdivision and subdivision (6) of this subsection (c).
(6) Perform in the Buffer Zone on an even hour at the same location that he or she was performing on the preceding hour, or within that same block. (7) Perform within ten feet of a vendor operating pursuant to or under the authority of an approved license agreement or within forty feet of any other vendor or performance.
(8) Perform on the Transit Mall or in the Buffer Zone at a distance greater

11.A.g
Packet Pg. 674 Attachment: Ordinance_Special Events (7629 : Major Events) 27 than five feet from the outer wall of any building or any permanent extension of the building such as a planter box.
(9) Perform on the Santa Monica Boulevard segment of the Transit Mall within twenty feet of the Third Street Promenade.

SECTION 10. Santa Monica Municipal Code Section 9.61.140, Exempt Signs, is hereby amended to read as follows:

9.61.140 Exempt Signs.

The following signs are exempt from the provisions of the Santa Monica Sign Code:

A. All signs that are placed inside a structure and that are either not visible through windows or building openings or are located a minimum of five feet from such windows or openings and from an adjacent window merchandise display base, if any; B. A special event sign, provided that they are not of the type prohibited by Section

9.61.180(A)(1)—(4) and (9) through (12) or by Section 9.61.230; C. Pole banners and over-the-street banners authorized pursuant to Santa Monica Municipal Code Section 4.08.500;
D. Noncommercial signs provided that they are neither not: (1) Temporary Signs under Section 9.61.160; nor (2) signs of the type prohibited by Section

9.61.180(A)(1)—(4) and (9) through (12) or by Section 9.61.230; E. Signs placed on bicycles or other shared mobility devices pursuant to and in compliance with a sponsorship agreement with the City relating to a bike share or shared mobility device system;
F. Signs placed on public transit; or
G. Signs placed on and associated with a digital wayfinding kiosk installed in the

11.A.g
Packet Pg. 675 Attachment: Ordinance_Special Events (7629 : Major Events) 28 public right-of-way or public property pursuant to a license agreement with the City.

H. Displays or activations on the Santa Monica Pier Ferris Wheel authorized by a permit or agreement with the City.

SECTION 11. Santa Monica Municipal Code Section 9.61.160 Temporary Signs is hereby amended to read as follows:

9.61.160 Temporary Signs
The following signs are exempt from the permit requirements of this Chapter. The use of these signs does not affect the amount or type of signage otherwise allowed by this Chapter. All signs listed in this Section must be in conformance with all other applicable requirements of this Chapter and the Santa Monica Municipal Code:

A. Basic Requirements Governing Temporary Signs.

1. Illumination. No temporary sign shall be internally or externally illuminated, except if the sign is a light bulb string authorized by this Section.

2. Location.
a. Except as authorized by Santa Monica Municipal Code Section

4.08.490, no temporary sign shall extend into, on or over the public right-of-way of any street, alley, or other public property.
b. No temporary sign shall extend into the hazardous visual obstruction zone as established by Santa Monica Municipal Code Section

9.21.180, Hazardous Visual Obstructions.

3. Maintenance. Temporary signs shall be kept neat, clean, and in good repair. Signs that are faded, torn, damaged, or otherwise unsightly or in a state of disrepair shall be immediately repaired or removed.

11.A.g
Packet Pg. 676 Attachment: Ordinance_Special Events (7629 : Major Events) 29 4. Placement. No temporary sign shall be attached to trees, shrubbery, utility poles, or traffic control signs or devices. They shall not obstruct or obscure primary signs on adjacent premises.

5. Public Hazard. No temporary sign shall be erected or maintained that, by reason of its size, location, or construction, constitutes a hazard to the public or impairs accessibility.

6. Collection of Temporary Signs Placed in the Public Right-of-Way. The City may collect temporary signs placed in the public right-of-way that are not authorized by this Chapter. The recovery and disposition of any such sign is governed by Section 9.61.280.

B. Authorized Temporary Signage in Any Residential Zone. In any residential zone, temporary signage shall be allowed for each and every parcel without issuance of a permit and shall not affect the amount of type of signage otherwise allowed by this Code as follows:

1. At any time, up to two temporary signs of up to eight square feet in sign area or one temporary sign of up to 16 square feet in sign area and one window sign of no more than four square feet in sign area;

2. At any time, light-bulb strings;

3. Up to 120 days (consecutive or nonconsecutive) per calendar year, up to two additional signs of up to eight additional square feet of sign area or one sign of up to 16 square feet in sign area; or

4. Public signs, provided that they are not of the type prohibited by Section

9.61.180(A)(1)—(4) and (9) through (12).

11.A.g
Packet Pg. 677 Attachment: Ordinance_Special Events (7629 : Major Events) 30 C. Authorized Temporary Signage in Any Commercial Zone. In any commercial or industrial zone, temporary signage shall be allowed for each and every parcel without issuance of a permit and shall not affect the amount or type of signage otherwise allowed by this Chapter as follows:

1. At any time, up to two temporary signs of up to 10 square feet in sign area or one temporary sign of up to 20 square feet in sign area;

2. Up to 120 days (consecutive or nonconsecutive) per calendar year, up to two additional freestanding signs of up to eight additional square feet of sign area or one sign of up to 16 square feet in sign area;

3. For one 60-day period per calendar year, one temporary on-premises banner not exceeding 20% of the front building façade area or one 100 square feet, whichever is less, not extending above the second-floor floor line;

4. For two 30-day periods in any calendar year, a temporary window signs not to exceed 20% of the first floor's total frontage glass area and that do not extend above the second-floor floor line; or

5. Public signs, provided that they are not of the type prohibited by Section

9.61.180(A)(1)—(4) and (9) through (12).

D. Within the Main Street Commercial Zoning District, each business shall be allowed one temporary on-premises sign in addition to the temporary signs authorized by subsection C, provided that the temporary sign complies with the following requirements:

1. The sign shall not be larger than 10 square feet in size;

2. The sign face shall be no wider than 2.5 feet and no taller than four feet

11.A.g
Packet Pg. 678 Attachment: Ordinance_Special Events (7629 : Major Events) 31 and limited on two sides/faces with a total square footage of sign area not to exceed 20 square feet;

3. The sign shall be a portable sign;

4. The sign is not of the type prohibited by Section 9.61.180(A)(1)—(4), (6), (7), and (9) through (12) or by Section 9.61.230; and

5. The sign shall be removed when the business is closed.

E. Within the Bayside Conservation District bound by 2nd Court, 3rd Court, Broadway, and Wilshire Boulevard, notwithstanding anything to the contrary in this Section, a temporary sign permitted by this Section may be displayed for up to 12 consecutive months. The Director may grant one six-month extension for each 12- month period if a request is filed prior to the expiration of the initial 12-month period.

F. Temporary signs are prohibited signs, except as provided by this Section or otherwise exempt pursuant to Section 9.61.140.

SECTION 12. Santa Monica Municipal Code Section 9.61.200 is hereby amended to read as follows:

9.61.200 Bayside Conservation District
Notwithstanding anything to the contrary in this Chapter, all non-prohibited signs approved by the Review Body shall be permitted in some limited areas of the Bayside Conservation District, bound by 2nd Court, 3rd Court, Broadway, and Wilshire Boulevard, on the following terms:

A. There shall be no limit on the maximum total sign area of permitted signs for signs that face the Third Street Promenade and signs on mid-block buildings with frontage on the Third Street Promenade that wrap an upper-level building corner.

11.A.g
Packet Pg. 679 Attachment: Ordinance_Special Events (7629 : Major Events) 32 B. Signs that cover windows that service an occupied tenant space shall be required to have 50% visual transparency. Areas of glazing above 15 feet on single story buildings are exempt from this requirement.

C. Temporary signs on buildings, where the ground floor tenant space is occupied, may be displayed for up to 12 consecutive months. The Director may grant one six-month extension for each 12-month period if a request is filed prior to the expiration of the initial 12-month period. For purposes of this paragraph, “occupied” means that a complete permit application for the tenant space has been submitted to the City or that the tenant space is undergoing active construction pursuant to a valid building permit. Temporary signs shall be allowed in conformance with Section 9.61.160(E).

D. Projecting signs that face the Third Street Promenade must be placed at least 10 feet above the sidewalk, and may not project more than 42 inches from the building façade. Three-dimensional signs are projecting signs and sign area shall not exceed 10 square feet. Sign area for three-dimensional signs shall be measured as viewed from the Third Street Promenade elevation.

E. Notwithstanding anything to the contrary in this Chapter, the following prohibited signs are allowed in the Bayside Conservation (Third Street Promenade Area) District:

1. Subject to Section 9.61.200(F), below, animated signs, including, but not limited to, digital display signs composed of a sign face, building face, and/or any building or structural component that displays still images, scrolling images, moving images, or flashing images, including video and animation, through the use of grid lights, cathode ray projections, light emitting diode displays, plasma screens, liquid crystal displays, fiber optics, or other electronic media or technology that is either independent of or attached

11.A.g
Packet Pg. 680 Attachment: Ordinance_Special Events (7629 : Major Events) 33 to, integrated into, or projected onto a building or structural component, and that may be changed remotely through electronic means.

2. On façades facing the Third Street Promenade, supergraphic signs consisting of an image projected onto a wall or printed on vinyl, mesh, or other material with or without written text, supported and attached to a wall by an adhesive and/or by using stranded cable and eye-bolts and/or other materials or methods.

3. For establishments with frontage on the Third Street Promenade, Portable signs not of the type prohibited by subsections (1) through (7) and (9) through (12) of Section 9.61.180(A). The sign shall be removed when the business is closed.

4. For establishments with frontage on the Third Street Promenade, Upper Level signs are allowed on façades facing the Third Street Promenade, so long as they are not of the type prohibited by subsections (1) through (9) and (11) through (12) of Section 9.61.180(A).

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

11.A.g
Packet Pg. 681 Attachment: Ordinance_Special Events (7629 : Major Events) 34 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.

G. The City Manager shall have authority to adopt administrative regulations governing the specifications of signs permitted by this Section, including, but not limited to, regulations on brightness, refresh rate, and approval of a sign illumination plan including illumination testing protocols.

H. Nothing this Section would supersede the façade alteration requirements set forth in Santa Monica Municipal Code Chapter 9.55.

SECTION 13. Santa Monica Municipal Code Section 9.61.230 is hereby amended to read as follows:

9.61.230 Signs on Street.

A. No person shall erect, suspend, or maintain a sign on, across, or above any street, alley, public property, or any portion thereof, except as may be allowed or required by resolution, license agreement, or other permit issued by the City, by the Santa Monica

11.A.g
Packet Pg. 682 Attachment: Ordinance_Special Events (7629 : Major Events) 35 Municipal Code, or the laws of the State or of the United States.

B. Nothing in the Santa Monica Sign Code shall be deemed or construed to prohibit, upon this issuance of the permits required herein, the erection, suspension, or maintenance of any such sign within or at the recognized boundary of the City, on, across, or above any such streets, alleys, public places, or any portion thereof, such signs to bear exclusively the name of such City and any appropriate words of welcome, or information concerning said City, without the addition of any words, advertising, figure, or devices of any kind.

SECTION 14. Existing temporary and non-commercial signs in the Bayside Conservation District shall have 12 months to comply with the regulations set forth herein. Existing temporary and non-commercial signs located outside the Bayside Conservation District shall have 120 days for compliance.

SECTION 15. 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 16. 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

11.A.g
Packet Pg. 683 Attachment: Ordinance_Special Events (7629 : Major Events) 36 unconstitutional.

SECTION 17. The Mayor shall sign and the City Clerk shall attest to the passage of this Ordinance. The City Clerk shall cause the same to be published once in the official newspaper within 15 days after its adoption. This Ordinance shall become effective 30 days from its adoption.

APPROVED AS TO FORM:
_____________________________

HEIDI VON TONGELN

CITY ATTORNEY

11.A.g
Packet Pg. 684 Attachment: Ordinance_Special Events (7629 : Major Events) 1 David Yakobson
From: James Harris <[email protected]>
Sent: Tuesday, April 14, 2026 10:11 AM
To: councilmtgitems
Cc: Caroline Torosis; Jesse Zwick; Lana Negrete; Barry Snell; Dan Hall; Natalya Zernitskaya; Ellis Raskin
Subject: Santa Monica City Council Agenda Item 11.A. - Advancing Major Events Santa Monica City Council Members;
The Santa Monica Pier Corporation Board of Directors has received updates and a full presentation from City Staff regarding the major events proposed on tonight's City Council Agenda Item 11.A .and Pier Corporation staff has been working regularly with City Staff regarding logistics to make these events successful.

We are excited to welcome these major events and look forward to helping advance them while ensuring they benefit each of the Pier’s various stakeholders.

Thanks, and all best regards,
To help
protect your
privacy,
Micro so ft
Office
prevented
auto matic
download of
this picture
from the
Internet.

11.A.h
Packet Pg. 685 Attachment: Written Comments (7629 : Major Events) Advancing Major Events:

Agreements and Related
Code Changes
Strategic authorization for global event partnerships, regulatory refinements, and community impact frameworks.

Item 11-A
April 14, 2026
Item 11-A
April 14, 2026

11.A.i
Packet Pg. 686 Attachment: PowerPoint Presentation (7629 : Major Events) Positioning Santa Monica for a Global Moment
Item 11-A
April 14, 2026
Item 11-A
April 14, 2026

11.A.i
Packet Pg. 687 Attachment: PowerPoint Presentation (7629 : Major Events) Recommended Action Summary
Authorize Negotiations: Finalize License Agreements for the World Cup "Pitchside Club," a 2026 Music Festival, and the 2028 Nations Village.

Code Modernization: Adopt ordinances amending Municipal Code to facilitate community events and large-scale special events.

Resolution Adoption: Adopt event-specific code exemptions and a revised "Signature Events" policy category to streamline City support.

Environmental Findings: Adopt CEQA categorical exemptions for proposed activations and code amendments based on negligible environmental impact.

Item 11-A
April 14, 2026
Item 11-A
April 14, 2026

11.A.i
Packet Pg. 688 Attachment: PowerPoint Presentation (7629 : Major Events) Legislative Components
Item 11-A
April 14, 2026
Item 11-A
April 14, 2026

11.A.i
Packet Pg. 689 Attachment: PowerPoint Presentation (7629 : Major Events) Strategic Framework
Full Cost Recovery: Avoid City subsidies.

Licensees cover direct/indirect costs through
fees and deposits.

Operational Readiness: Cross-
departmental planning for public safety,
mobility, and environmental compliance.

Public Benefit: Free community
programming and legacy improvements
(e.g., Crescent Bay Park pergola).

ENSURING VALUE AND READINESS
Item 11-A
April 14, 2026
Item 11-A
April 14, 2026

11.A.i
Packet Pg. 690 Attachment: PowerPoint Presentation (7629 : Major Events)

LICENSE AGREEMENTS
Santa Monica
Major Events
Item 11-A
April 14, 2026
Item 11-A
April 14, 2026

11.A.i
Packet Pg. 691 Attachment: PowerPoint Presentation (7629 : Major Events) June 2026 — Ultra House / FIFA (Pier Deck)
Location: Santa Monica Pier
Scope: A high-energy, soccerinspired social hub at the Santa Monica Pier in June 2026. This
21+ fan experience features
match-viewing watch parties and
interactive programming.

Duration: ~2 weeks in June 2026
Michelob ULTRA Opens Premier Soccer Destination in New York City For The Final Week of The FIFA Club World Cup 2025 | Anheuser-Busch 21 + years old only
Item 11-A
April 14, 2026
Item 11-A
April 14, 2026

11.A.i
Packet Pg. 692 Attachment: PowerPoint Presentation (7629 : Major Events) Major Events: June 2026 — Ultra House / FIFA (Pier Deck) Item 11-A
April 14, 2026
Item 11-A
April 14, 2026

11.A.i
Packet Pg. 693 Attachment: PowerPoint Presentation (7629 : Major Events) Fall 2026 — Goldenvoice Concert
Location: Santa Monica Pier
Deck, The Beach
Scope: A two-day ticketed
music and cultural festival on
the beach and Pier deck.
• Up to 35,000 attendees daily
• Curated food, art, and musical talent
• Workforce & youth exposure programs
Term: Fall 2026
A Goldenvoice production
Item 11-A
April 14, 2026
Item 11-A
April 14, 2026

11.A.i
Packet Pg. 694 Attachment: PowerPoint Presentation (7629 : Major Events) Fall 2026 — Goldenvoice Festival
Item 11-A
April 14, 2026
Item 11-A
April 14, 2026

11.A.i
Packet Pg. 695 Attachment: PowerPoint Presentation (7629 : Major Events) Olympic and Paralympic Games

SANTA MONICA NATIONS VILLAGE
Location: Crescent Bay Park
Scope: Broadcast center, nations
house, Olympic partner brand
activations. 100% Open to public,
food and bev, programming.

Duration: Olympics and Paralympics
Legacy: Historic Pergola restoration
consistent with SOIS standards
The Nations Village proposal includes Crescent
Bay park and portions of Lot 4S
Item 11-A
April 14, 2026
Item 11-A
April 14, 2026

11.A.i
Packet Pg. 696 Attachment: PowerPoint Presentation (7629 : Major Events) Olympic and Paralympic Games
Item 11-A
April 14, 2026
Item 11-A
April 14, 2026

11.A.i
Packet Pg. 697 Attachment: PowerPoint Presentation (7629 : Major Events)

CODE AMENDMENTS
& RESOLUTIONS
Santa Monica
Major Events
Item 11-A
April 14, 2026
Item 11-A
April 14, 2026

11.A.i
Packet Pg. 698 Attachment: PowerPoint Presentation (7629 : Major Events) Municipal Code Modernization: Major Events
THE “LEGISLATIVE LAYER CAKE”
The City is not viewing these as isolated
items. Instead, they form a hierarchical
structure where each layer provides the legal
authority for the next:
• Ordinance: The Permanent Legal Toolkit.
• Resolutions: The Targeted Activators.
• Agreements: The Enforceable Contracts

ENABLING ORDINANCE

EVENT RESOLUTIONS

LICENSE AGREEMENTS
<
<
Item 11-A
April 14, 2026
Item 11-A
April 14, 2026

11.A.i
Packet Pg. 699 Attachment: PowerPoint Presentation (7629 : Major Events) The Ordinance: Enabling Tools
Item 11-A
April 14, 2026
Item 11-A
April 14, 2026

11.A.i
Packet Pg. 700 Attachment: PowerPoint Presentation (7629 : Major Events) The Resolutions: Targeted Triggers

ACTIVATION
The Resolutions are event-specific. They take the "toolkit" provided by the Ordinance and apply it to a single activation (e.g., FIFA 2026).

As event operations evolve, City Manager has authority to approve additional exemptions (based on same findings as Council) and work with event producers to ensure that best practices and procedures are implemented “Subject to Adoption” Clause
Note: The Resolutions for Goldenvoice and Anheuser-Busch explicitly state they are only effective after the Ordinance is adopted Item 11-A
April 14, 2026
Item 11-A
April 14, 2026

11.A.i
Packet Pg. 701 Attachment: PowerPoint Presentation (7629 : Major Events) Municipal Code Modernization: Major Events
Code Section Proposed Amendment Highlights
Park & Beach (4.55) Enables drone shows and large temporary installations via agreements.

Community Events (4.68) Council authority to grant limited, event-specific Code exemptions.

Performers (6.112) Balance activity with crowd management/safety during major events.

Sign Code (9.61) Allows ROW branding, wayfinding, and animated Pier Ferris Wheel displays.

Item 11-A
April 14, 2026
Item 11-A
April 14, 2026

11.A.i
Packet Pg. 702 Attachment: PowerPoint Presentation (7629 : Major Events) Sign Code and Storefront Revitalization
Item 11-A
April 14, 2026
Item 11-A
April 14, 2026

11.A.i
Packet Pg. 703 Attachment: PowerPoint Presentation (7629 : Major Events) Recommended Actions

1. Adopt findings of categorical exemptions 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), and Section 15323 (Normal Operations of Existing Facilities for Public Gathering), of the CEQA Guidelines for Ordinance amendments to facilitate the planning and execution of major special events as set forth in the staff report;

2. Adopt for introduction and first reading an ordinance to amend Chapters 4.08 (disorderly conduct, nuisances, etc.), 4.12 (noise), 4.55 (park and beach code), 4.68 (community events), 6.112 (street performers), and 9.61 (signs) to facilitate community events, as set forth in the staff report;

3. Adopt findings of categorical exemptions 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), and Section 15323 (Normal Operations of Existing Facilities for Public Gathering) of the CEQA Guidelines for approval of the license agreement with Anheuser-Busch and Momentum to host a World Cup fan festival experience at the Santa Monica Pier in June 2026, as set forth in the staff report;

4. Authorize the City Manager to negotiate and execute a license agreement with Anheuser-Busch and Momentum to host a World Cup fan festival experience at the Santa Monica Pier in June 2026;

5. Adopt a resolution authorizing certain code exemptions during the Anheuser-Busch World Cup fan festival experience, subject to the adoption and effectiveness of the Ordinance;

6. Adopt findings of categorical exemptions pursuant to Section 15301 (Class 1 – Existing Facilities), Section 15303 (Class 3 - New Construction or Conversion of Small Structures), Section 15304 (Minor Alterations to Land), and Section 15311 (Class 11 - Accessory Structures) and Section 15323 (Normal Operations of Existing Facilities for Public Gathering) of the CEQA Guidelines for approval of the license agreement with Goldenvoice, LLC, to host a music festival event on Santa Monica Beach in September of 2026;

7. Authorize the City Manager to negotiate and execute a license agreement with Goldenvoice LLC, to host a music festival event on Santa Monica Beach in September of 2026;

8. Adopt a resolution authorizing certain code exemptions during the Goldenvoice music festival in September of 2026, subject to the adoption and effectiveness of the Ordinance;

9. Adopt findings of categorical exemptions pursuant to Section 15301 (Class 1 – Existing Facilities), Section 15303 (Class 3 - New Construction or Conversion of Small Structures), Section 15304 (Minor Alterations to Land), Section 15311 (Class 11 - Accessory Structures), and Section 15331(Historical Resource Restoration/Rehabilitation) of the CEQA Guidelines for approval of the license agreement with Silverback, LLC, and LOIDL, LLC, and to host to host a Nations Village to include International Olympic Committee (IOC) satellite broadcast center, National Olympic Committee hospitality house, and brand hospitality house activation at Crescent Bay Park and portions of Lot 4 South during the LA28 Summer Olympic Games;

10. Authorize the City Manager to negotiate and execute a license agreement with Silverback, LLC, and LOIDL, LLC, to host a Nations Village to include International Olympic Committee (IOC) satellite broadcast center, National Olympic Committee hospitality house, and brand hospitality house activation at Crescent Bay Park and portions of Lot 4 South during the LA28 Summer Olympic Games;

11. Adopt an amendment to the Master Fee Resolution removing beach parking lot fees;and

12. Adopt a resolution rescinding Resolution No. 11708 and adopting a revised policy establishing a signature events category, designating Santa Monica Signature Events Category, identifying Santa Monica Signature Events, and authorizing waiver of City event fees for designated signature events.

Item 11-A
April 14, 2026
Item 11-A
April 14, 2026

11.A.i
Packet Pg. 704 Attachment: PowerPoint Presentation (7629 : Major Events) Staff Supporting Major Events for Santa Monica
Item 11-A
April 14, 2026
Item 11-A
April 14, 2026

11.A.i
Packet Pg. 705 Attachment: PowerPoint Presentation (7629 : Major Events) Housing Authority
Report
City Council Meeting: April 14, 2026
Agenda Item: 12.A
1 of 1
To: Housing Authority
From: Denise Anderson Warren, Interim City Clerk, Records and Election Services Department
Subject: Approval of Minutes for the Housing Authority Board Recommended Action
Staff recommends that the Housing Authority Board approve the minutes for the May 13, 2025, Housing Authority Board meeting.

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

A. Minutes of May 13, 2025 5:30 PM

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1 May 13, 2025
(NOT APPROVED)

CITY OF SANTA MONICA

CITY COUNCIL MINUTES
MAY 13, 2025
A special meeting of the Santa Monica Housing Authority Board was called to order by Chair Negrete at 8:30 p.m., on Tuesday, May 13, 2025, at City Council Chambers, 1685 Main Street, Santa Monica, CA.

Roll Call: Present: Chair Lana Negrete
Chair Pro Tem Caroline Torosis
Authority Member Jesse Zwick
Authority Member Dan Hall
Authority Member Ellis Raskin
Authority Member Barry Snell
Authority Member Natalya Zernitskaya
HAB Tenant Representative Hajar Muqtasid St. Claire
HAB Tenant Representative Belinda Phillips
Also Present: Authority Interim Secretary Elaine Polachek Authority Attorney Douglas Sloan
Authority Clerk Nikima S. Newsome
CONVENE On order of the Chair, the Housing Authority Board convened at 8:30 p.m., with all members present.

PUBLIC INPUT FOR
CLOSED SESSION ONLY:

No members of the public commented on Closed Session items.

CLOSED SESSIONS
(HAB Tenant Representatives
Phillips and Muqtasid St.

Claire left the meeting at 8:55
P.M.)
On order of the Chair, the Housing Authority Board recessed at 8:31 p.m., to consider Closed Sessions and returned at 10:50 p.m., with all members present, except HAB Tenant Representatives Phillips and Muqtasid St Claire, to report the following:

5.A. Conference with legal counsel - potential initiation of litigation regarding HUD Continuum of Care and Department of Transportation grants - Gov. Code § 54956.9(d)(4), King County, et al. v. Scott Turner, et al., USDC # 2:25-cv-00814-BJR (W.D. Wash.)
The Authority Attorney advised this matter was heard and that the Housing Authority gave direction to participate in the referenced litigation.

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Packet Pg. 707 Attachment: Minutes of May 13, 2025 5:30 PM (7618 : Housing Authority Board Minutes (1 min)) 2 May 13, 2025
ADJOURNMENT On order of the Chair, the joint meeting of the City Council and Housing Authority Board meeting adjourned at 10:50 p.m.

ATTEST: APPROVED:

Nikima S. Newsome Lana Negrete
Authority Clerk Chair

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Packet Pg. 708 Attachment: Minutes of May 13, 2025 5:30 PM (7618 : Housing Authority Board Minutes (1 min)) Housing Authority
Report
City Council Meeting: April 14, 2026
Agenda Item: 12.B
1 of 10
To: Housing Authority
From: Aileen Reynolds, Director, Housing and Human Services Department Subject: Public Hearing and Adoption of Fiscal Year 2026-2027 Annual Public Housing Authority Plan
Recommended Action
Staff recommends the Santa Monica Housing Authority Board:

1. Hold a public hearing and receive public comment

2. Adopt the Draft Fiscal Year FY 2026-2027 Annual Plan and Progress Report for the Five-Year Plan for 2025-2030

3. Adopt the FY 2026-2027 Administrative Plan

4. Authorize the Submission of the FY 2026-2027 PHA Plan which consists of the Draft Annual Plan and Progress Report, and Draft Administrative Plan to the United States Department of Housing and Urban Development

5. 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.

Executive Summary
The Santa Monica Housing Authority (SMHA) administers approximately 1,690+ rental assistance vouchers to extremely low-, very low-, and low-income Santa Monica households across six federal housing voucher programs:
• Housing Choice Voucher (HCV);
• Continuum of Care (COC);
• HOME Investment Partnerships Program (HOME);
• Veterans Affairs Supportive Housing (VASH);
• Emergency Housing Voucher (EHV); and
• Housing Stability Vouchers (SV)

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Annually, the SMHA is required to submit a Public Housing Authority Plan (PHA Plan) and a Progress Report to United States Department of Housing and Urban Development Department (HUD) to inform the agency, voucher participants, and members of the public of updates to the SMHA’s mission, goals, and objectives. The SMHA’s mission mirrors that of HUD’s, focusing on promoting adequate and affordable housing, economic opportunity, and a discrimination-free, suitable living environment.

The SMHA operates in accordance with the rules and regulations detailed in its Administrative Plan, which incorporates federally established regulations and local policies and procedures.

This year, as part of PHA Plan, the SMHA is required to submit the following documents:

1. Draft FY 2026-2027 Annual Plan and Progress Report for the 2025–2030 Five-Year Plan (Attachment A).

2. Draft FY 2026-2027 Administrative Plan outlining the proposed discretionary policy changes (Attachment B).

3. A Summary of Proposed Discretionary Changes (Attachment C).

4. Public Comments and Input from the Resident Advisory Board (RAB), the Housing Commission, voucher participants, and the public and the Housing Authority Responses to the comments (Attachment D).

Background
City Council, along with tenant representatives, act as the Santa Monica Housing Authority Board (HAB) for the SMHA. On April 8th, 2025, the HAB approved the SMHA’s Five-Year Plan for 2025-2030 as well as the current PHA Plan, which provided updates to the SMHA’s goals and details of the rules and regulations that govern the SMHA’s operations. HUD issues mandatory updates to the Administrative Plan annually, while housing authorities such as the SMHA may propose additional discretionary revisions to the Administrative Plan.

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For each year of the Five-Year Plan, the SMHA is required to submit a PHA Plan, report on the progress of the current plan, and provide HUD with any updates to the Administrative Plan. Every five years, the SMHA must also submit a new Five-Year Plan.

Each HUD-funded voucher program administered by the SMHA has its own performance reporting requirements, with the PHA Plan specifically serving as a progress update for the HCV program. The SMHA submits a Streamlined Annual Plan due to its "voucher-only" designation, which applies to housing authorities that:
• Administer more than 550 HCVs
• Do not own or manage public housing
• Were not designated as troubled in their most recent Section 8 Management Assessment Program (SEMAP) performance assessment
The deadline to submit the FY 2026-2027 PHA Plan to HUD is April 17, 2026.

Discussion
The SMHA continues to advance its mission of providing safe, stable, and affordable housing to low-income households through ongoing policy enhancements and strategic planning efforts. The following discussion outlines key updates, including the Draft FY 2026-2027 Annual Plan and Progress Report, and proposed updates to the Draft FY 2026-2027 Administrative Plan to align with recent regulatory changes, such as National Standards for the Physical Inspection of Real Estate (NSPIRE) and Housing Opportunity Through Modernization Act of 2016 (HOTMA). These efforts reflect the SMHA’s commitment to improving operational efficiency, expanding affordable housing opportunities, and adapting to evolving federal requirements.

Draft FY 2026-2027 Annual Plan and Progress Report
The Draft FY 2026-2027 Annual Plan and Progress Report updates information on housing needs, housing strategies, and other City program information. FY 2025-26 is the first year of the current Five-Year Plan, and the progress updates reflect the

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accomplishments and ongoing initiatives for that year. The Draft FY 2026-2027 Annual Plan and Progress Report includes the following updates:
• Berkeley Station, a new 13-residence development leasing in April 2026, will provide permanent homes for eight Santa Monica–based vulnerable youth households—who will also receive onsite supportive services—and an additional five vulnerable families from the Santa Monica waitlist, expanding deeply needed affordable housing in the City. After years of strong collaboration with the Community Corporation of Santa Monica (CCSM), the City of Santa Monica, and St. Joseph Center, this project stands as a major long-term- success for the community. • 2033–2101 Virginia Avenue involves the rehabilitation of an existing rent controlled apartment complex, with completion expected in 2027. Current residents have been temporarily relocated and will be able to return at their rent controlled rents. New households will be limited to those earning up to 80% of Area Median Income (AMI), and the SMHA has committed up to 20 Project Based Vouchers to the property.
• The SMHA also committed 40 Project-Based Vouchers to an 82-residence City-loan-funded affordable housing development planned for 1402 Wilshire Boulevard/1211-1217 14th Street.
• The City continues its strong collaboration with EAH and The People Concern (TPC) at The Laurel streamlining recertifications and new admissions processes. Weekly coordination with onsite staff has strengthened operations and support both for tenants and the property staff, resulting in the 57-residence property now being fully occupied with a short waitlist in place for future openings.
• The SMHA has broadened its network of partner agencies authorized to refer applicants to the CoC Program to include CLARE|MATRIX, Salvation

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Army, and Exodus Recovery, thus creating more pathways for chronically homeless, disabled households to access permanent housing. At the same time continuing its strong relationship with long standing partners TPC, St. Joseph Center, and Step Up on Second.

Draft FY 2026-2027 Administrative Plan
The Draft FY 2026-2027 Administrative Plan includes changes to statutory and regulatory language and redlines any clarifications or policy changes. On September 29, 2023, HUD issued PIH Notice 2023-28, finalizing the administrative procedures for NSPIRE. This new inspection approach prioritizes health, safety, and functional deficiencies over appearance-related issues.

NSPIRE establishes a single, standardized inspection protocol for units under the Public Housing, HCV, Multifamily, and Community Planning and Development programs. It emphasizes resident-impact areas, particularly the dwelling unit, and features clear, objective standards, enhanced inspection protocols, and more defensible scoring criteria to simplify the process.

The mandatory implementation deadline for NSPIRE has been revised from October 1, 2025, to February 1, 2027. Until then, SMHA will continue to use the existing Housing Quality Standards (HQS) for HCV inspections. To prepare for the transition, the Draft FY 2026-2027 Administrative Plan includes two versions of Chapter 8: one reflecting current pre-NSPIRE regulations, and one outlining the NSPIRE requirements that will take effect upon HUD implementation.

On February 2, 2024, HUD issued the final version of PIH Notice 2023-27, providing Housing Authorities with guidance on implementing Sections 102 and 104 of HOTMA.

Enacted on July 29, 2016, HOTMA’s Title I includes 14 sections that impact the administration of Section 8 rental assistance programs, modifying income review requirements and establishing maximum asset limits. While the final HOTMA rules were initially set to take effect on January 1, 2025, HUD announced on December 18, 2025

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that the implementation has been extended to January 1, 2027. Therefore, the Draft FY 2026-2027 Administrative Plan still has two versions of Chapters 6, 7 and 11.

Specifically:
• Chapters 6A, 7A, and 11A retain pre-HOTMA policies
• Chapters 6B, 7B, and 11B incorporate HOTMA regulations These revisions ensure SMHA is prepared for a smooth transition to HOTMA-compliant procedures once HUD officially implements them.

Community Input
The proposed streamlined and formulaic PHA Plan requires a 45-day public review and comment period and subsequent approval by the HAB, even if there are no substantive changes since the previously approved PHA Plan. SMHA welcomed input regarding the PHA Plan, and the proposed discretionary policy changes during a 45-day public review and comment period. All documents were available for public review and comment from January 20, 2026, through March 6, 2026.
• On January 8, 2026, staff attended the regularly scheduled Housing Commission meeting to introduce the forthcoming PHA Plans to the public, including the Draft FY 2026-2027 Annual Plan and Progress Report and Draft FY 2026-2027 Administrative Plan.
• On January 20, 2026, staff posted the start of the public review and comment period on the Housing Division website.
• On January 21, 2026, staff notified all RAB members (all HCV program participants) and all other voucher participants via email about the opportunity to provide input on the Draft FY 2026-2027 Annual Plan and Progress Report and Draft FY 2026-2027 Administrative Plan. The notification also included details about the upcoming Housing Commission meeting on February 5,

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2026, and the public hearing during the regularly scheduled City Council meeting on March 24, 2026.
• On January 28, 2026, staff notified all RAB members (all HCV program participants) and other voucher participants via email about the opportunity to attend the annual PHA Plan workshop. The workshop was designed to educate participants on the PHA Plan process, emphasize the importance of active engagement, and provide guidance on how to submit input. • On February 3, 2026, staff hosted a virtual session with voucher participants to explain the annual PHA Plan process and share upcoming opportunities to contribute to the Draft FY 2026–2027 PHA Plans.

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• On February 5, 2026, staff presented at the monthly Housing Commission meeting, providing an overview of the annual PHA Plan process, highlighting major accomplishments from the Draft FY 2026-2027 Annual PHA Plan and Progress Report, outlining key changes to the Draft FY 2026-2027 Administrative Plan, and offering additional opportunities for community input.

Public Comments
During the public comment period, staff engaged with various stakeholders, receiving feedback through multiple channels including email, mail, in-person interactions, phone calls, and discussions at the Housing Commission meeting. The input received addressed several key areas related to the PHA Plan and SMHA operations, including:
• Ensuring disabled CoC participants can regularly express their concerns and needs
• Enhancing access for participants with disabilities to fully engage in the PHA Plan review and public comment process
• Offering portability under CoC program without participants having to switch to HCV program
• Allowing for extra bedrooms for individuals added to a household through court order and for rotating aides
Staff Responses
Staff received comments regarding expanding outreach efforts, particularly for individuals with disabilities. All voucher participants were invited to attend the Housing Commission meeting on February 5, 2026, where staff presented the PHA Plan and accepted public comments. In response, staff will enhance outreach efforts and present the PHA Plan to the Disability Commission in future cycles. Participants may also share input at City Council, Housing Commission, and Disability Commission meetings, or by submitting written comments to [email protected] or at the

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Housing Office located next City Hall East.

Staff received feedback on workshop accessibility. A virtual workshop was held to explain the PHA Plan process and how to submit public comments. Moving forward, staff will also host an in-person meeting and provide additional details on major Administrative Plan updates.

Staff received comments regarding portability for CoC participants. Under HUD regulations, portability is not permitted in the CoC program and cannot be changed locally. However, Santa Monica allows limited moves within nearby areas where inspections, recertifications, and supportive services can be maintained, including through virtual inspections. CoC participants may transition to the HCV program, which allows full portability.

Staff also received comments regarding additional bedrooms. SMHA follows HQS occupancy standards of two persons per bedroom. The FY 2025–2026 Administrative Plan allows an additional bedroom for a live-in aide. The Draft FY 2026–2027 Plan clarifies that an extra bedroom may be approved for a foster child or adult if occupancy standards would otherwise be exceeded. Reasonable Accommodations remain available where applicable.

A comprehensive list of comments received from RAB, other voucher program participants, and the public is included in Attachment D.

Environmental Review
The SMHA Plans are exempt from CEQA pursuant to Section 15061(b)(3) of the CEQA Guidelines, which states that CEQA does not apply, “where it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment.” The proposed strategies in the plans provide updates and establishes policies to allocate vouchers for housing and do not cause the construction of any new projects that could have a significant environmental effect. Therefore, it can

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be seen with certainty that the SMHA plans would not result in adverse physical impacts on the environment, and as such, is 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: Yelena Solovyeva, Senior Administrative Analyst - Housing Authority
Approved Forwarded to Council
Attachments:

A. Draft FY 2026-2027 Annual Plan and Progress Report (Web Link) B. Draft FY 2026-2027 Administrative Plan
C. Summary of Proposed Changes
D. Public Comments and Responses
E. Written Comments
F. PowerPoint Presentation

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Summary of the Proposed Discretionary Policy Changes to the Public Housing Authority (PHA) Plan for Fiscal Year 2026-2027
The Annual Plan provides updates for the five-year goals, major program policies, and financial resources for both the Santa Monica Housing Authority (SMHA) rental assistance programs and City initiatives. Additionally, the Annual Plan updates information on housing needs, housing strategies, and other City program information.

This attachment includes the following sections:
• Proposed discretionary policy changes to the Administrative Plan, which governs the administration of SMHA’s voucher programs. • Summary updates from HUD related to the implementation of the Housing Opportunity through Modernization Act of 2016 (HOTMA) PHA Plan Timeline
• The SMHA must provide a proposed PHA Plan for public review and comment for 45 days: January 20, 2026, through March 6, 2026.
• Public comments are received, memorialized, and considered in developing the PHA Plan • Public hearing during the Housing Commission meeting on February 5, 2026 • Housing Authority Board consideration, Public Hearing and approval on March 24, 2026 • Annual Plan submission due to HUD by April 17, 2026
• HUD approval 75 days after submission
• Annual/Administrative Plan becomes effective July 1, 2026 The Administrative Plan includes language changes that are statutory, regulatory, and/or that clarify existing policy. Additionally, the SMHA is providing the first Annual update to the Agency Plan for FY 2025-2030 and discretionary changes to the proposed Administrative Plan for Fiscal Year (FY) 2026-2027.

12.B.c
Packet Pg. 719 Attachment: Summary of Proposed Changes (7434 : Annual Public Housing Authority Plan) Section
Page # Proposed Policy Explanation
4-III.C. SELECTION
METHOD
P 4-12
PHA Policy
The PHA will use the following local preferences in order listed:

Tier 1 Preferences (Displaced, Vulnerable Households, and CoC Graduates) • Displaced: Involuntarily displaced applicants are applicants who have or will (within 12 months from the date of verification) be required to vacate housing in the City of Santa Monica as a result of:
 A disaster (fire, flood, earthquake, civil disturbance, etc.) that occurred through no fault of the applicant;
 Displacement from another federal housing program for reasons beyond their control or because they did not
participate in a home ownership program;
 Domestic Violence. Victims of domestic violence/familial abuse, sexual assault, stalking, or human trafficking, who have been displaced in the City of Santa Monica as a result of the victimization. Supporting documentation shall be in accordance with the guidelines in Chapter 16 Section XI. D of this Plan;
DV will now be part of
the Tier 1 - Vulnerable
Households category.
4-III.C. SELECTION
METHOD
P 4-13
PHA Policy
The PHA will use the following local preferences in order listed:

Tier 1 Preferences (Displaced, Vulnerable Households, and CoC Graduates) • Vulnerable Households: The Santa Monica Housing Authority (SMHA) will allocate Tier 1 priority up to 50% of voucher attrition to assist Santa Monica-Based households who are experiencing homelessness, or are at risk of homelessness and/or . This category will also now include Santa Monica-Based victims of domestic violence, familiar abuse, sexual assault, stalking, or human trafficking who became homeless or at risk of homelessness due to the victimization. Eligibility for the Housing Choice Voucher (HCV) program requires individuals or families to be referred by an approved SMHA Partner. These referrals must be screened and It has been
determined that
referrals for domestic
violence survivors
should be made by
agencies already
working with the
household, as they
are best positioned to
assess vulnerability
and determine
eligibility for Tier 1
Vulnerable Family
referral. Connecting

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Packet Pg. 720 Attachment: Summary of Proposed Changes (7434 : Annual Public Housing Authority Plan) Section
Page # Proposed Policy Explanation
approved by the Santa Monica Housing Authority before being accepted, at which point applicants will receive priority placement on the waitlist.

Additionally, the City of Santa Monica Human Services Division, or a designated representative approved by the Housing Division, may submit referrals on behalf of other partners that have been approved by the City of Santa Monica.
survivors with a
supportive agency
first also ensures
access to a broader
range of services
beyond placement on
the housing waitlist
7A-I.B. OVERVIEW OF

VERIFICATION

REQUIREMENTS
P 7A-7
PHA Policy
Any documents used for verification must be the original (not photocopies) and generally must be dated within 60 120 days of receipt by the PHA. The documents must not be damaged, altered or in any way illegible.

This change is
intended to reduce
the burden on
applicants and
participants by
minimizing repeated
document updates
during the New
Admission and
Recertification
processes.
7A-I.D. THIRDPARTY WRITTEN

AND ORAL

VERIFICATION
P 7A-10
PHA Policy
Third-party documents provided by the family must be dated within 60120 days of receipt by the PHA. the PHA request date.

This change starts the
document validity
period on the date the
documentation is
received rather than
when it is requested,
allowing each
document to remain
valid for a longer
timeframe.
7A-III.J. STUDENT

FINANCIAL

ASSISTANCE
P 7A-33
7A-III.J. STUDENT FINANCIAL ASSISTANCE [24 CFR 5.609(b)(9) as updated for HOTMA Notice PIH 2015-21]
The regulations under HOTMA distinguish between two categories of student financial assistance paid to both full-time and part-time students. Any other grant-in-aid, scholarship, or other assistance amounts an individual receives for the actual covered HOTMA’s updates to
student income rules
streamline
calculations and
ensure that

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Page # Proposed Policy Explanation
costs charged by the institute of higher education not otherwise excluded by the federally mandated income exclusions are included [24 CFR 5.609(b)(9)(ii)].

PHA Policy
The PHA will request written third-party verification of both the source and the amount of student financial assistance. Family-provided documents from the educational institution attended by the student will be requested, as well as documents generated by any other person or entity providing such assistance, as reported by the student.

In addition, unless the student’s only source of assistance is assistance under Title IV of the HEA, the PHA will request written verification of the cost of the student’s tuition, books, supplies, room and board, and other required fees and charges to the student from the educational institution.

If the PHA is unable to obtain third-party written verification of the requested information, the PHA will pursue other forms of verification following the verification hierarchy in section 7-I.B.

Any financial assistance, in excess of amounts received for tuition, fees, and other required charges that a person attending an institution of higher education receives under the Higher Education Act of 1965, from private sources, or from an institution of higher education must be considered income unless the student is over the age of 23 with dependent children or is residing with parents who are seeking or receiving HCV assistance [24 CFR 5.609(b)(9) and FR 4/10/06].

For students over the age of 23 with dependent children or students residing with parents who are seeking or receiving HCV assistance, the full amount of student financial assistance is excluded from annual income [24 CFR 5.609(c)(6)]. The full amount of student financial assistance is also excluded for students attending schools that do not qualify as institutions of higher education (as defined in Exhibit 3-2). Excluded amounts are verified only if, without verification, the PHA would not be able to determine whether or to what extent the income is to be excluded (see section 7-III.H).

PHA Policy
For a student subject to having a portion of their student financial assistance included in annual income in accordance with 24 CFR 5.609(b)(9), the PHA will educational
assistance under the
Higher Education Act
is no longer treated as
countable income.

This creates a fairer
process for families,
reduces unnecessary
administrative
burden, and prevents
students from being
penalized for
receiving financial aid.

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Packet Pg. 722 Attachment: Summary of Proposed Changes (7434 : Annual Public Housing Authority Plan) Section
Page # Proposed Policy Explanation
request written third-party verification of both the source and the amount. Familyprovided documents from the educational institution attended by the student will be requested, as well as documents generated by any other person or entity providing such assistance, as reported by the student.

In addition, the PHA will request written verification of the student’s tuition, fees, and other required charges.

If the PHA is unable to obtain third-party written verification of the requested information, the PHA will pursue other forms of verification following the verification hierarchy in section 7-I.B.
8-II.C. PERIODIC HQS
INSPECTIONS [24 CRF
982.405(b); Notice
PIH 2016-05]
P 8-22
PHA Policy
If an adult cannot be present on the scheduled date, the family must reschedule the appointment prior to the scheduled date. Appointments will only be rescheduled for good cause, or if it is needed as a reasonable accommodation for a person with disabilities.

Good cause is defined as an unavoidable conflict which seriously affects the health, or welfare of the family including but not limited to . hospitalization, urgent medical treatment, a sudden serious illness, or an unexpected personal crisis requiring immediate attention. These situations must be communicated promptly and, when possible, supported by documentation. At its discretion, the PHA may request documentation of the “good cause” prior to rescheduling the appointment. The PHA and family will agree on a new inspection date that generally should take place within five10 business days of the originally scheduled date. The PHA may schedule an inspection more than five10 business days after the original date for good cause.

The policy now
clarifies what
constitutes a valid
reason to cancel or
reschedule an
inspection. The
rescheduling window
was also shortened to
help keep the process
timely and ensure
inspections move
forward as intended.
12-I.D. MANDATORY

TERMINATION OF

ASSISTANCE
P 12-3
PHA Policy
Step 1: The PHA will first determine if the family has been evicted. A family will be considered evicted if the property owner has an unconditional judgment to evict the family, and a writ of possession is issued by the court, and the sheriff posts a notice to vacate and/or the sheriff physically locks the tenant out, and (or the tenant moves in response to that notice to vacate).

If the family settles the case prior to trial, the PHA will not consider the family to have been evicted so long as the family meets all of the conditions of the stipulation, including vacating timely if required. The family will not be considered evicted just because a stipulation requires the entry of a judgment, the issuance of a writ of possession and/or The policy was
clarified to address
situations in which
violations may result
from a known
disability or
circumstances
beyond the family’s
control, and to
establish clear,

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Page # Proposed Policy Explanation
the posting of a notice to vacate so long as the family complies with the terms of the stipulation, including vacating timely. In cases where a default judgment has been entered at no fault of the family, the family will not be considered evicted.

Step 2: In every case, even if the family has been evicted, the PHA will make a determination if the eviction was based on a serious lease violation or if the lease violation is also a violation of other family obligations. Serious lease violations include, but are not limited to, nonpayment of rent or other amounts due under the lease, disturbance of neighbors, destruction of property, or living or housekeeping habits that cause damage to the unit or premises, criminal activity, and other good cause. The PHA will also consider the property owner’s motivation for filing the eviction. The PHA will make this determination based on available evidence. In making its decision, the PHA will consider the factors described in sections 12-II.D and 12-II.E. Upon consideration of such factors, the PHA may, on a case-by-case basis, choose not to terminate assistance.

The PHA may authorize a family to move prior to the finalization of an eviction proceedings when the family submits an affidavit demonstrating that the behavior(s) leading to eviction were isolated in nature or that steps have been taken to prevent those behaviors from recurring. If applicable, the affidavit should also indicate that conduct of a household member with a disability was directly related to that disability. An affidavit can be provided either by the household’s case manager when the household includes a person with a disability engaged with a service agency—or by the Head of Household. If the behavior was not disability-related and reflects ongoing noncompliance with program obligations, the family shall be required to execute a Program Violation Notice prior to the issuance of a transfer voucher. If a household faces a second or subsequent eviction after previously being granted approval to move, the PHA will terminate program participation unless the household demonstrates compelling and well-documented circumstances that justify the repeated occurrence.
consistent
documentation
requirements that
support a streamlined
and equitable review
process for all
households.
12-I.D. MANDATORY

TERMINATION OF

ASSISTANCE
P 12-4
Notification of Eviction [24 CFR 982.551(g)]
A family must promptly give the PHA a copy of any owner eviction notice the tenant actually receives. If the family requests assistance to move, but has not provided the PHA with a copy of the eviction within 10 days of receiving the notice of lease termination, the move will be denied. If the behavior that lead to the eviction process was not disability-related and reflects ongoing noncompliance with program obligations, the The policy was revised
to address situations
in which eviction may
result from a behavior
due to known
disability or
circumstances

12.B.c
Packet Pg. 724 Attachment: Summary of Proposed Changes (7434 : Annual Public Housing Authority Plan) Section
Page # Proposed Policy Explanation
family shall be required to execute a Program Violation Notice prior to the issuance of a transfer voucher. If a household faces a second or subsequent eviction after previously being granted approval to move, the PHA will terminate program participation unless the household demonstrates compelling and well-documented circumstances that justify the repeated occurrence.
beyond the family’s
control, and to
establish clear,
consistent
documentation
requirements that
support a streamlined
and equitable review
process for all
households.
12-I.E. MANDATORY

POLICIES AND OTHER

AUTHORIZED

TERMINATIONS
P 12-8
PHA Policy
The PHA will terminate a family’s assistance if:

The family has failed to comply with any family obligations under the program and they cannot provide a written affidavit either from a Head of Household or when applicable a case manager that shows sufficient evidence that violation was caused by mitigating circumstances such as a disability or other factors beyond family’s control and, will not likely to be repeated again, nor that they have taken verifiable actions to maintain compliance with the family obligations. See Exhibit 12-1 for a listing of family obligations and related PHA policies. • Program Violation Warnings: If the PHA receives a copy of a lease violation notice from a property owner, or otherwise becomes aware of a potential program violation, the PHA will carry out a reasonable investigation to determine whether a violation occurred. As part of its investigation, the PHA may send the participant a notice stating that a violation has been alleged and providing the participant an opportunity to respond. The head of household, or a case manager when applicable, may submit a written affidavit either disputing the allegations and providing an explanation demonstrating compliance, or describing the circumstances that led to the violation, including whether it was an isolated incident and what corrective actions have been taken to prevent recurrence. Where appropriate, the PHA may wait for the judgment of a court and consider the court’s judgment before making any determination. • If, after appropriate investigation, the PHA determines that a violation of a family obligation has occurred, the PHA will determine whether or not the participant will be allowed to remain in the program based on the following factors: whether this is the first The policy was
clarified to account
for situations in which
violations may result
from a known
disability or
circumstances
beyond the family’s
control, and to
establish clear,
consistent
documentation
requirements that
support a streamlined
and equitable review
process for all
households.

12.B.c
Packet Pg. 725 Attachment: Summary of Proposed Changes (7434 : Annual Public Housing Authority Plan) Section
Page # Proposed Policy Explanation
occurrence of a violation of family obligations; whether the violation was believed by the PHA to be unintentional; and the severity of the circumstances. If the participant is allowed to remain on the program, the participant will be required to sign a Program Violation Warning and a Repayment Agreement if appropriate. If a violation results from a disability or circumstances beyond the family’s control, the family will may not be required to sign a Program Violation Warning for the first occurrence. However, the family will still be required to enter into a repayment agreement, if applicable. A warning will be required if the same violation occurs again. If, after a reasonable investigation, the participant is determined to have violated the same obligation on at least two different separate occasions, cto termination will proceed further enforcement action, including but not limited to termination of assistance, may proceed. In no most cases shall a participant shall not be offered allowed more than a total of two Program Violation Warnings during their participation. The supervisor and/or administrator designated staff member(s) will determine when a Program Violation Warning is merited. Participants must sign Program Violation Warnings when issued to avoid further violations of Family Obligations.
16-III.C. INFORMAL

HEARINGS FOR

PARTICIPANTS
P 16-15
PHA Policy
The PHA will also give participant families an opportunity for an informal hearing for:

Any denial of a request for a reasonable accommodation for a person with disabilities (see Chapter 2).

Families participating in the Family Self-Sufficiency (FSS) program, when the PHA withholds the coordination of supportive services or terminates a family’s participation in the FSS program because the PHA determines the FSS family has failed to comply without good cause with the requirements of the FSS Contract of Participation in accordance with the FSS Action Plan [24 CFR 984.303(i)].

This HUD policy
establishes a process
through which
applicants and
participants may
appeal the denial of a
reasonable
accommodation
request.

Santa Monica
Housing Authority
phased out the FSS
program, therefore
this portion of the
policy is not
applicable.

12.B.c
Packet Pg. 726 Attachment: Summary of Proposed Changes (7434 : Annual Public Housing Authority Plan) Section
Page # Proposed Policy Explanation
16-IV.B.

REPAYMENT
POLICY
P 16-31
Criminal Prosecution for Program Fraud/Abuse
Local, state or federal criminal prosecution should be considered by the PHA in flagrant cases, if the abuse was committed over several years, the fraud and/or underpayments are substantial and the PHA documents that a family and/or owner willfully intended to misrepresent the truth [HUD OIG Integrity Bulletin, Summer 2015].

PHA Policy
The PHA will consult with the HUD Field Office and regional OIG Special Agent in Charge (SAC) to determine whether it will refer the matter to the state or local district attorney to pursue criminal fraud charges.

The PHA will give strong consideration to referring cases for criminal fraud prosecution when a tenant is suspected of illegally subleasing a subsidized unit for personal financial gain. In making this determination, the PHA will consult with the HUD Field Office and the regional OIG Special Agent in Charge (SAC) to assess whether referral to the state or local district attorney is warranted.

This HUD policy
establishes expanded
authority for public
housing agencies to
pursue enforcement
actions in cases
involving significant
program fraud.
16-IV.B.

REPAYMENT
POLICY
P 16-71
PHA Policy
The PHA will not enter into a repayment agreement with a family if there is already a repayment agreement in place with the family or if the PHA, in consultation with HUD and local law enforcement, determine to pursue criminal charges in connection with the conduct and the amounts owed the amount owed by the family exceeds the federal or state threshold for criminal prosecution, or if the family has entered into a repayment agreement with the PHA in the past 36 months. In the absence of a repayment agreement due to one of these conditions, the family will be required to pay the debt in full within 30 days.

This adds another
reason based on the
new HUD policy under
which PHA will not
enter into a
repayment
agreement.

12.B.c
Packet Pg. 727 Attachment: Summary of Proposed Changes (7434 : Annual Public Housing Authority Plan) Income and Subsidy Determinations Updates for Chapter 6A Chapter 6A Income and Subsidy Determinations has undergone significant revisions as mandated by HUD. These changes are reflected in Chapter 6A, pages 6A-1 to 6A-90.

Continuum of Care (COC) Updates for Chapter 18
Chapter 18 Continuum of Care (COC) has undergone significant revisions as mandated by HUD. These changes are reflected in Chapter 18, pages 18-1 to 18-22.

Summary of Administrative Plan Updates
The following chapters have been updated as part of the FY 2026-27 Administrative Plan revision:
• 2 Versions of Chapter 6: Income and Rent Determination (Chapter 6A: Pre-HOTMA and Chapter 6B: HOTMA versions provided) • 2 Versions of Chapter 7: Verification (Chapter 7A: Pre-HOTMA and Chapter 7B: HOTMA versions provided) • 2 Versions of Chapter 8: HQS Inspections (Chapter 8A: Pre-NSPIRE and Chapter 8B: NSPIRE versions provided) • 2 Versions Chapter 11: Reexaminations (Chapter 11A: Pre-HOTMA and Chapter 11B: HOTMA versions provided) The SMHA is committed to a smooth transition and will work to ensure participants are informed of any changes that may impact their housing assistance. If you have questions or need assistance, please contact our office.

12.B.c
Packet Pg. 728 Attachment: Summary of Proposed Changes (7434 : Annual Public Housing Authority Plan) Public comments and input from the Resident Advisory Board, voucher participants, the Housing Commission, the public and the Housing Authority Responses to the comments
Public/RAB Member Comments: The Administrative Plan should recognize children placed with a household under court-ordered temporary guardianship as a category distinct from foster children and state clearly that they count as household members for voucher size. It should also specify that Reasonable Accommodation requests may be made on behalf of a disabled child under court-ordered temporary guardianship, and that these requests must be treated the same as for a biological child and should be reviewed on a case by case basis.

Response: The Administrative Plan specifies which individuals are excluded from the definition of “family members.” Foster children, foster adults, and live-in aides are not considered family members, though they are counted as household members. Children under court-ordered temporary guardianship are included as family members.

For voucher size, this distinction does not change how individuals are counted. HUD’s HQS occupancy standards apply uniformly: two people are issued a one-bedroom voucher regardless of whether they are classified as family or household members, with the exception of a live-in aide.

Because a child under court-ordered temporary guardianship is considered a family member, their guardian may request a Reasonable Accommodation on the child’s behalf as long as the child has a disability that requires a reasonable accommodation. All Reasonable Accommodation requests are reviewed individually based on the specific circumstances and supporting documentation from a qualified professional.

Public/RAB Member Comments: The comment asserts that the PHA Annual Plan overlooks significant structural issues in the administration of Continuum of Care (CoC) housing assistance. It emphasizes that CoC assistance is non-portable across jurisdictions, which restricts the mobility of participants—especially individuals with disabilities who may need to relocate for safety, medical care, or family support. The Plan also fails to address the lack of any homeownership or long-term stability pathways, leaving participants dependent on rental assistance within a single jurisdiction.

Additionally, individuals who wish to move must relinquish CoC assistance and convert to another voucher program, resulting in the loss of CoC-specific protections. The commenter argues that these impacts are foreseeable, documented, and unaddressed, and that the City has previously reviewed but declined to implement available alternatives.

12.B.d
Packet Pg. 729 Attachment: Public Comments and Responses [Revision 2] (7434 : Annual Public Housing Authority Plan) The comment further notes that the jurisdiction lacks a meaningful, program-specific oversight or feedback mechanism for CoC participants. Existing public comment opportunities, advisory seats, and outreach efforts are described as inaccessible, episodic, and insufficient for monitoring program outcomes or ensuring compliance with fair housing and disability access obligations. The discontinuation of livestreamed Housing Commission meetings and reliance on digital-only notices are cited as additional barriers.

The commenter concludes that these combined issues represent a planning deficiency and urges the City to analyze disparate impacts, restore accessible public meeting practices, establish structured oversight for CoC participants, and consider homeownership or other long-term stability options within the Administrative Plan.

Response: Under federal HUD regulations, portability is not a feature of the Continuum of Care (CoC) program. This is a federal requirement, established by HUD and cannot be altered locally, and the City of Santa Monica must administer the program as HUD designed it. However, when HUD updated CoC rules in 2012 to allow limited moves outside the issuing jurisdiction, the City incorporated those changes into its Administrative Plan.

Santa Monica does allow CoC participants to move to nearby communities when the City can still perform required inspections (to facilitate farther moves the City is allowing for virtual inspections), recertifications, and ensure access to supportive services. Several CoC participants already live outside Santa Monica under this policy. Moves to distant locations or other states are not feasible because the City cannot administer the voucher there, but move requests due to Domestic Violence or other safety-related requests are reviewed individually on a case by case basis. Participants who wish to move out of state may choose to graduate into the Housing Choice Voucher (HCV/Section 8) program, which is the only federal program that offers full portability. This process is not intended to reduce protections or create barriers but simply to provide the only federally available pathway for long-distance moves. Finally, the CoC participants can request to move within the City of Santa Monica with their CoC voucher on an annual basis if needed as long as they remain in good standing with their current landlord and with the City by paying their rent, passing inspections, and not violating any lease or program regulations. The City does not offer a homeownership program for any voucher type at this time, so no participants have access to a homeownership pathway. CoC participants are not being excluded from a benefit available to others; the option simply does not exist for any voucher program.

The City is committed to improving communication, accessibility, and engagement for all voucher program participants including CoC participants. For future PHA Plan cycles, the Housing Authority will work to provide more robust presentations explaining policy changes and offering opportunities for questions. Furthermore, the City staff will make sure to better coordinate scheduling and the communications that go out to the public to avoid any

12.B.d
Packet Pg. 730 Attachment: Public Comments and Responses [Revision 2] (7434 : Annual Public Housing Authority Plan) date/time discrepancies. Staff recently met with the City’s Disability Commission and plans to continue attending future meetings to share program information and receive feedback on how to better support participants with disabilities. While mailing notices to all 1,700 plus voucher households may not be feasible, the City will explore additional outreach methods—such as notifying service providers, offering flyers in the Housing Authority lobby, including reminders in email signature lines, and potentially adding information about PHA Plan Cycle process in other correspondence being mailed to tenants —to ensure broader awareness of the PHA Plan process.

The Santa Monica Housing Authority has not at any time made a decision to no longer stream Housing Commission meetings, that was done on a higher management level and the Housing Authority can attempt to find out the reasons and determine if the streaming can be possibly resumed or if there are other ways to share the meetings with the public who can’t attend in person that are more timely.

Participants are always welcome to share concerns at City Council meetings, Housing Commission meetings, Disability Commission meetings and by writing to [email protected] or dropping off a comment or a question in writing in the Housing Authority office.

Public/RAB Member Comments: Participants should be able to get an extra bedroom for a rotating aide needed due to disability which is currently not allowed by the Administrative Plan.

Response: As of the FY 25–26 Administrative Plan, the policy has been updated to allow a separate bedroom for a live-in aide when the aide has been approved by the Santa Monica Housing Authority through the Reasonable Accommodation process. In all other circumstances, participants with disabilities may still request a Reasonable Accommodation. If a participant demonstrates a clear nexus between the need for a rotating aide and the need for that aide to have a separate bedroom within the unit, the request will be reviewed and considered on a case-by-case basis.

Public/RAB Member Comments: A participant expressed concern that some disabled residents feel discouraged or unwelcome by building management, including situations where individuals who use wheelchairs feel they are not wanted in management offices.

The participant wanted the Housing Authority to be aware of these experiences.

Response: While the City is concerned about ensuring that disabled participants are treated fairly by landlords and property management, these matters fall within the realm of legal rights and obligations and cannot be regulated through PHA policies. We expect and encourage landlords to treat all applicants and participants appropriately; however, when

12.B.d
Packet Pg. 731 Attachment: Public Comments and Responses [Revision 2] (7434 : Annual Public Housing Authority Plan) issues arise, the City strongly advises tenants or prospective tenants to contact Legal Aid Foundation of Los Angeles, which is contracted to assist low-income tenants with legal matters, and/or the City Attorney’s Consumer Affairs Division for support.

Public/RAB Member Comments: A participant, speaking for herself and other disabled community members, requested that future PHA Plan communications and documents be made available offline, not only online or by email. She explained that many individuals with disabilities were unable to review the materials or participate in the public comment process because they lacked access to technology or were unable to use it.

Response: The Santa Monica Housing Authority will look into better ways to provide materials for review in a way that better accommodates individuals with disabilities. One of the ideas is to have a copy of the redlined Administrative Plan and Annual Plan and Progress report available in the Housing Authority office for review. While it is not feasible to distribute a copy to each participant since it is a very lengthy document one copy will be placed in the office for anyone who is interested to review. Other copies might be made available in the service agency offices and offices of some of the PBV properties or larger properties who house a number of voucher holders. There is also a consideration to hold an in person meeting next year prior to the public comment period opening to go over some of the major changes coming up in the Administrative Plan and respond to some of the questions.

12.B.d
Packet Pg. 732 Attachment: Public Comments and Responses [Revision 2] (7434 : Annual Public Housing Authority Plan) From:

To: Housing Comments
Subject: Public Comment - Santa Monica PHA Administrative Plan 2026–2027 Date: Friday, March 6, 2026 6:50:40 PM

EXTERNAL
I respectfully submit this comment to request clearer language in the Administrative Plan regarding minors who live in a household under court-ordered guardianship, including temporary and general guardianship arrangements.

The current plan addresses foster children, but it does not clearly explain how minors living with a relative or caregiver under guardianship are classified for occupancy purposes. Because this situation is not specifically addressed, minors under guardianship may be treated the same as foster youth in practice, which creates uncertainty and inconsistent interpretation.

Guardianship arrangements are distinct from foster placements. In a court-ordered guardianship, the guardian assumes legal responsibility for the minor through a court order.

For that reason, the Administrative Plan should clearly explain how these minors are counted in the household and how their presence affects occupancy and voucher size determinations.

I also ask for the PHA to clarify that reasonable accommodations remain available when a minor with a disability requires a separate bedroom, regardless of whether the minor is a biological child, foster child, or living in the household under guardianship. The current subsidy standards allow two persons per sleeping room and may treat the living room as a potential sleeping room. In practice, this can make it difficult for a household to obtain a separate bedroom even when a medical provider documents that the minor’s disability requires their own sleeping space.

To avoid confusion, the Administrative Plan should clarify or expressly state that disabilityrelated accommodation requests must be evaluated on an individualized basis and are not automatically denied based on general occupancy standards or on the classification of the minor within the household.

I respectfully suggest adding language along the following lines:
“Minors residing in the household under court-ordered guardianship, including temporary or general guardianship, shall be addressed separately from foster care placements for purposes of household composition and occupancy determinations.” “Nothing in the classification of a minor as a foster child or as a child residing under guardianship shall prevent the family from requesting a reasonable accommodation when a disability-related need requires a separate bedroom or other adjustment to standard subsidy or occupancy rules.”
Adding this clarification would help ensure consistent interpretation of the policy and better protect families who are caring for minors under legal guardianship while also addressing disability-related housing needs fairly and appropriately.

Thank you for considering this comment.

12.B.d
Packet Pg. 733 Attachment: Public Comments and Responses [Revision 2] (7434 : Annual Public Housing Authority Plan) From: HHS.Commissions
To: [email protected]
Cc: Housing Comments; ADACoordinator; Attorney Mailbox
Subject: RE: Agenda Item 3B – PHA Annual Plan – Continuum of Care (CoC) Program: Disparate Impact, Program Oversight, and Federal Compliance Issues
Date: Thursday, February 5, 2026 10:45:40 AM
Thank you for submitting your written public comment for Housing Commission Agenda Item 3B – PHA Annual Plan. This comment will be posted at Noon today on the Housing Commission webpage and will be shared with commissioners.

The February 11 Disabilities Commission agenda has just been posted to the DC webpage. Written public comment to the Disabilities Commission may be sent to [email protected].

From: [email protected] <[email protected]> Sent: Thursday, February 5, 2026 10:31 AM
To: HHS.Commissions <[email protected]>
Cc: Housing Comments
<[email protected]>; ADACoordinator <[email protected]>; Attorney Mailbox <[email protected]>
Subject: Agenda Item 3B – PHA Annual Plan – Continuum of Care (CoC) Program: Disparate Impact, Program Oversight, and Federal Compliance Issues

EXTERNAL
This written comment is submitted for inclusion in the official administrative record for the Public Housing Agency (PHA) Annual Plan. It is submitted to the Housing Commission and copied to other City entities with statutory, oversight, and compliance responsibilities; a current public contact address for the Disabilities Commission was not available on the City’s website at the time of submission.

The comment addresses the design, implementation, oversight, and long-term planning implications of the administration of Continuum of Care (CoC) housing assistance within the jurisdiction, as reflected in the PHA Annual Plan.

While the Annual Plan addresses general housing stability objectives, it does not meaningfully account for the structural effects of CoC program design on participants with disabilities, particularly with respect to geographic mobility, long-term exit pathways, and program-level oversight.

Where the jurisdiction administers or implements CoC assistance locally, the Annual Plan necessarily reflects the planning, oversight, and governance implications of those

12.B.d
Packet Pg. 734 Attachment: Public Comments and Responses [Revision 2] (7434 : Annual Public Housing Authority Plan) implementation decisions.

Even where program parameters are set at the federal or regional level, local jurisdictions retain responsibility and accountability for how those parameters are implemented, mitigated, and addressed through planning, governance, and access to lawful alternatives consistent with fair housing and disability access obligations.

1. Non-portability as a structural constraint
As administered locally, CoC assistance is categorically non-portable across jurisdictions. In practice, this operates as a structural constraint rather than a neutral program characteristic, particularly for participants with disabilities who require geographic mobility for safety, medical access, family support, or long-term stability.

The Annual Plan does not analyze or acknowledge the cumulative impact of nonportability on protected classes, nor does it identify mitigation strategies within the planning horizon. The absence of analysis itself constitutes a planning deficiency, where foreseeable disparate impacts are known or should be known at the time of plan adoption.

2. Absence of housing stability exit pathways, including homeownership The Plan does not address the absence of any administered Housing Choice Voucher Homeownership option, or equivalent stability-transition framework accessible to CoC participants without relinquishing CoC assistance. In jurisdictions where CoC assistance is non-portable and no homeownership pathway exists, participants with disabilities are effectively confined to long-term rental dependency within a single jurisdiction, without access to federally contemplated mechanisms for permanent housing stability and asset formation.

Generalized assertions related to local housing costs or administrative capacity do not substitute for program analysis. High-cost markets heighten, rather than diminish, the need for structured exit pathways from long-term assistance. Assertions of administrative burden are particularly unpersuasive where the affected participant population is limited in size and where the absence of any administered pathway reflects a policy choice rather than a demonstrated operational impossibility.

Where the City relies on assertions of administrative burden to justify nonimplementation of legally available housing stability pathways, such claims must be supported by contemporaneous documented analysis—including estimated implementation costs, ongoing administrative requirements, staffing models, and timelines. The absence of any such quantified analysis in the Annual Plan constitutes a

12.B.d
Packet Pg. 735 Attachment: Public Comments and Responses [Revision 2] (7434 : Annual Public Housing Authority Plan) planning deficiency rather than a policy justification.

3. Forced program conversion as a condition of mobility In practice, individuals seeking to relocate outside the jurisdiction while receiving CoC assistance are required to relinquish CoC participation and convert to a different voucher program, most commonly Housing Choice Voucher (Section 8), as a precondition to mobility. This conversion entails the loss of CoC-specific protections designed for individuals with disabilities and introduces additional administrative barriers. Conditioning access to mobility on the surrender of a more protective assistance framework raises civil rights and program-integrity concerns that are not addressed in the Plan.

4. Governance and oversight gap for CoC participants
Although general advisory bodies, designated commission seats, public comment opportunities, and written input mechanisms exist within the jurisdiction, these do not constitute a program-specific, institutionalized feedback and oversight framework for Continuum of Care (CoC) participants, nor do they provide a mechanism for continuous monitoring, issue escalation, or corrective action tied to CoC program administration.

As a result, the jurisdiction lacks a structured local feedback loop capable of systematically monitoring CoC implementation, identifying emerging barriers or disparate impacts, and informing timely program adjustments within the annual planning and oversight cycle.

The City has previously considered governance and advisory structures that would have provided program-specific participant representation beyond generalized or nominal advisory models, including structures that would have encompassed Continuum of Care (CoC) participants. Those options were formally discussed but were not implemented, and no operative advisory or oversight mechanism was subsequently established to represent CoC participants or to provide structured, localized program feedback. The absence of any implemented mechanism following those deliberations reflects a knowing governance gap rather than an inadvertent omission.

While regional or system-level CoC governance structures exist, they do not substitute for localized oversight of jurisdiction-specific administrative practices that directly affect participants’ housing stability, geographic mobility, and access to federally contemplated exit pathways. Regional bodies are structurally removed from day-to-day program administration and lack the authority, visibility, and procedural mechanisms necessary to monitor local implementation choices, identify emerging disparate impacts, or require timely corrective action. Reliance on regional or nominal advisory

12.B.d
Packet Pg. 736 Attachment: Public Comments and Responses [Revision 2] (7434 : Annual Public Housing Authority Plan) structures therefore does not satisfy obligations of meaningful access or effective nondiscriminatory program administration at the local level.

Mechanisms frequently cited as sufficient—such as a single designated commission seat, generalized public comment at City Council, Housing Commission, or PHA board meetings, written submissions to annual planning documents, email or fax correspondence, or ad hoc testimony—are episodic and non-programmatic by design.

They do not provide a continuous, structured process for collecting, synthesizing, and evaluating CoC participant experiences, nor do they support early detection of structural impacts related to mobility constraints, forced program conversion, or the absence of stability-transition pathways. These mechanisms also place a disproportionate burden on highly vulnerable participants to self-advocate within forums not designed to capture program-specific operational outcomes.

In addition, Housing Commission proceedings are not live-streamed and are not made available through timely public video recordings, unlike other City commissions. While audio recordings may be posted after meetings, the absence of live access and visual recordings significantly limits the ability of CoC participants with disabilities to observe deliberations, assess decision-making context, or meaningfully monitor program oversight. Reliance on delayed audio-only access—particularly where no real-time participation is possible—renders existing advisory and feedback structures functionally inaccessible for purposes of meaningful participation, transparency, and compliance monitoring.

Notably, Housing Commission meetings were previously live-streamed and made available through recorded video during the COVID-19 period, demonstrating that such accessibility is administratively feasible; the subsequent withdrawal of those practices, without explanation or mitigation, further compounds the accessibility and oversight concerns described above. This prior practice establishes both feasibility and institutional knowledge regarding such access measures.

Where existing access mechanisms are functionally ineffective for the affected participant population, their formal availability does not satisfy obligations of meaningful access, program oversight, or nondiscriminatory administration.

Recent participant outreach characterized as an online PHA Plan workshop did not include any substantive presentation, program overview, or structured opportunity for informed engagement. Instead, the session was limited to a brief, perfunctory solicitation of comments following access barriers reported by participants and observed in real time, including real-time participation obstacles and authentication requirements inconsistent with the notice provided.

12.B.d
Packet Pg. 737 Attachment: Public Comments and Responses [Revision 2] (7434 : Annual Public Housing Authority Plan) Further, reliance on electronic-only notification for such engagement—without parallel written notice—fails to account for known digital access barriers among highly vulnerable voucher populations, thereby undermining meaningful access, effective participation, and the integrity of the feedback and oversight process.

5. Planning implications
Taken together, the interaction of CoC non-portability, absence of stability-transition pathways (including homeownership), forced program downgrades, and lack of localized oversight constitutes a foreseeable and durable policy outcome rather than an incidental effect. The Plan does not analyze these elements in combination, nor does it address their interacting effects on protected classes.

The Plan and related City materials expressly reference the City’s Continuum of Care program administration and goals; however, they do not include a commensurate analysis of the combined, foreseeable disparate impacts of non-portability, forced program conversion, and the absence of durable exit pathways on participants with disabilities. The City’s own public record reflects that affordable homeownership and administrative implementation options—including HUD-authorized Housing Choice Voucher (Section 8) homeownership pathways, which currently require CoC participants to relinquish CoC assistance as a condition of access—were formally analyzed and presented to City governing bodies in recent years. The Annual Plan’s failure to acknowledge those materials, or to articulate a documented rationale for declining to pursue legally available homeownership-related stability pathways for highly vulnerable populations, underscores the planning deficiency and the City’s documented awareness of the resulting disparate impacts.

The Annual Plan should explicitly analyze these interactions and identify corrective strategies consistent with fair housing obligations, disability access requirements, and principles of sound program governance.

Requested consideration:

As part of the Annual Plan process, the Housing Commission and PHA governing body should:
• Acknowledge and analyze the disparate impact risks associated with CoC nonportability; • Address the absence of homeownership or equivalent exit pathways for CoC participants;

12.B.d
Packet Pg. 738 Attachment: Public Comments and Responses [Revision 2] (7434 : Annual Public Housing Authority Plan) • Examine the civil rights implications of requiring voucher conversion as a condition of mobility;
• Evaluate and restore reasonable public access measures for Housing Commission proceedings—including live-streaming and timely publication of video or audio recordings—where necessary to ensure meaningful participation, program transparency, and effective oversight for CoC participants and other protected classes; • Evaluate the need for a structured, local feedback and oversight mechanism for CoC participants, including through a Resident Advisory Board (RAB) that operates as an active oversight and feedback body (rather than a nominal or paper-based compliance structure), with representation accessible to CoC participants.

This comment is submitted to ensure that these issues are considered within the formal planning and oversight record.

12.B.d
Packet Pg. 739 Attachment: Public Comments and Responses [Revision 2] (7434 : Annual Public Housing Authority Plan)

12.B.d
Packet Pg. 740 Attachment: Public Comments and Responses [Revision 2] (7434 : Annual Public Housing Authority Plan) 

 



 












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Packet Pg. 741 Attachment: Public Comments and Responses [Revision 2] (7434 : Annual Public Housing Authority Plan) 

 





 



















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Packet Pg. 742 Attachment: Public Comments and Responses [Revision 2] (7434 : Annual Public Housing Authority Plan) 1 David Yakobson
From: [email protected]
Sent: Saturday, April 11, 2026 9:56 AM
To: councilmtgitems
Cc: Hajar St. Claire; [email protected]
Subject: Agenda Item 12.B – Public Comment Opposing Approval of PHA Plan Without Addressing CoC Civil Rights and Accessibility Impacts

EXTERNAL
This comment is submitted in response to the City’s written reply regarding the administration of the Continuum of Care (CoC) program as presented in the FY 2026–2027 PHA Annual Plan.

The City’s response does not resolve the core concerns raised. Rather, it confirms key structural issues and underscores material deficiencies in analysis, implementation, and oversight that remain unaddressed in the Plan.

A substantial proportion of participants in the CoC program appear to be individuals with disabilities, as reflected in program design, eligibility criteria, and publicly reported program characteristics.

A federal civil rights complaint concerning the administration of the CoC program and its associated impacts has been submitted to the U.S. Department of Housing and Urban Development for review. ⸻
The City’s response confirms that meaningful mobility within the CoC program is not available as a participant-controlled feature but only through limited, discretionary administrative exceptions.

As a result, participants remain constrained to a narrow geographic area for extended periods, in some cases for decades.

Relocation beyond that limited range is conditioned on exiting the program and accepting a different form of assistance.

These conditions are structural and produce foreseeable impacts on program participants, particularly individuals with disabilities.

The Plan does not analyze or address these combined effects. ⸻

1. Non-portability: federal framework vs. local implementation The City attributes CoC non-portability to federal program design, stating that portability “cannot be altered locally.”
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Packet Pg. 743 Attachment: Written Comments (7434 : Annual Public Housing Authority Plan) 2 However, the City’s response confirms that:
• CoC participants may relocate outside Santa Monica in certain circumstances; • Case-by-case exceptions are granted, including for safety and domestic violence; • Administrative flexibility is exercised (e.g., virtual inspections, relocations within a limited geographic range).

These statements demonstrate that mobility within the CoC program is not strictly fixed, but rather mediated through local administrative discretion within the federal framework.

The issue raised in the original comment was not the existence of federal constraints, but the absence of:
• any analysis of how those constraints are implemented at the local level; • any structured mitigation strategy addressing their foreseeable effects.

The Plan continues to omit such analysis.

This internal inconsistency—between asserted federal rigidity and acknowledged local flexibility— confirms that implementation choices within the federal framework, not solely federal constraints, shape participant mobility outcomes.

The City’s response further confirms that any mobility available within the CoC program depends on administrative feasibility as determined by the City, rather than on any stable or participant-controlled portability right.

Even within federal constraints, local implementation choices determine how those constraints operate in practice and how their effects are experienced by participants. ⸻

2. Structural immobility and long-term program confinement The City’s response does not address the practical outcomes of the current implementation.

Many CoC participants remain within the same jurisdiction for extended periods of time.

During a presentation at the February 2026 Housing Commission meeting, Housing Authority staff acknowledged that some CoC participants have resided in Santa Monica since as early as 1995.

This is a material factual point.

It demonstrates that:
• CoC participation, as administered locally, can result in decades-long geographic immobility; Item 12-B
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Packet Pg. 744 Attachment: Written Comments (7434 : Annual Public Housing Authority Plan) 3 • Participants are effectively constrained to a limited geographic area and lack access to ordinary, participant-directed portability beyond that range;
• The program, in practice, can function as a long-term confinement structure rather than a transitional support system.

The Annual Plan does not acknowledge or analyze these outcomes.

In the absence of meaningful mobility pathways, these conditions create foreseeable and prolonged restrictions that limit meaningful access to housing choice and geographic mobility.

Because a substantial portion of participants appear to be individuals with disabilities, these conditions have predictable and disproportionate impacts on their ability to access medical care, safety, and support networks.
⸻

3. Forced program conversion as a condition of mobility The City confirms that:
• Participants seeking relocation beyond the limited local range must transition into the Housing Choice Voucher (HCV) program.

This confirms that:
• Mobility is not available within the CoC program as a direct feature; • Relocation is conditioned on exiting the program entirely.

This is not a neutral administrative pathway.

It requires participants to:
• relinquish CoC-specific conditions and supports;
• undergo program conversion;
• accept a different program structure and administrative framework.

The Plan does not evaluate the programmatic or civil rights implications of conditioning mobility on surrendering participation in the CoC program.

In addition, conversion may expose participants to materially different rent burdens and housingretention risks not present under the CoC framework. ⸻

4. Absence of analysis = planning deficiency
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Packet Pg. 745 Attachment: Written Comments (7434 : Annual Public Housing Authority Plan) 4 The City’s response describes program mechanics but does not address the central issue raised.

The Plan contains no analysis of the combined effects of:
• limited and discretionary mobility;
• forced program conversion;
• absence of long-term exit pathways;
• long-duration participation, including decades-long cases.

This omission is not neutral.

Where outcomes are foreseeable, documented, and acknowledged in practice, the absence of analysis constitutes a material planning deficiency.

These conditions are structural in nature and not isolated outcomes.

The combined effects of restricted mobility, forced program conversion, and long-term confinement create foreseeable disparate impacts on individuals with disabilities, which are neither analyzed nor addressed in the Plan.
⸻

5. Lack of long-term stability pathways
The City confirms that no homeownership option exists for voucher-based programs.

This does not resolve the concern.

Instead, it confirms that:
• CoC participants lack any structured pathway to long-term housing stability; • Participants are unable to transition out of assistance without losing support.

In a system where mobility is restricted and exit pathways are absent, participants remain in prolonged dependence on rental assistance within a fixed geographic area.

The Plan does not analyze this structural condition or its long-term implications.

In combination with restricted mobility, the absence of any pathway to ownership or independent housing transition reinforces long-term program confinement and limits meaningful exit from assistance. ⸻

6. Local responsibility for implementation effects
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Packet Pg. 746 Attachment: Written Comments (7434 : Annual Public Housing Authority Plan) 5 Even where program parameters originate at the federal level, the City remains responsible for:
• how those parameters are implemented;
• how their effects are mitigated;
• whether their impacts are analyzed within the planning process.

The existence of limited exceptions and discretionary practices confirms that local implementation choices materially shape participant outcomes.

However, the Plan does not examine or formalize those choices.

This includes responsibility for ensuring that program administration does not produce unexamined or unmitigated disparate impacts on protected classes, including individuals with disabilities, and that participants have meaningful access to housing opportunities on a nondiscriminatory basis. ⸻

7. Requested consideration
To address the identified deficiencies, the Plan should:
• Analyze the real-world effects of CoC mobility limitations, including long-term residency patterns; • Examine the implications of requiring program conversion as a condition of relocation; • Address the absence of long-term stability pathways, including homeownership or functionally equivalent alternatives;
• Evaluate the cumulative impact of these factors on participants with disabilities; • Assess potential disparate impacts and identify mitigation strategies consistent with federal civil rights obligations;
• Identify and formalize mitigation measures within the Administrative Plan. ⸻

8. Closing statement
The issue is not the existence of federal program constraints.

The issue is that the Plan fails to analyze how those constraints—combined with local implementation choices—produce foreseeable, long-term outcomes for participants.

Those outcomes include restricted mobility, lack of exit pathways, and prolonged confinement within a single jurisdiction.

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Packet Pg. 747 Attachment: Written Comments (7434 : Annual Public Housing Authority Plan) 6 Approval of the Plan without addressing these conditions would formalize known and foreseeable impacts on program participants without analysis or mitigation, with disproportionate effects on individuals with disabilities.

Sent from Proton Mail for iOS.

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Packet Pg. 748 Attachment: Written Comments (7434 : Annual Public Housing Authority Plan) 1 David Yakobson
From: [email protected]
Sent: Monday, April 13, 2026 4:08 PM
To: councilmtgitems; Hajar St. Claire; [email protected] Subject: Item 12B – Opposition to PHA Plan (RAB Deficiency / CoC)

EXTERNAL
NOTICE OF SYSTEMIC NON-COMPLIANCE, CIVIL RIGHTS EXPOSURE, AND CERTIFICATION RISK – PHA

PLAN (RAB DEFICIENCY)

EXECUTIVE SUMMARY
This submission is provided both as written public comment on the PHA Plan and as formal notice of systemic compliance deficiencies with potential civil rights implications.

The current framework does not demonstrate the existence of a functioning Resident Advisory Board (RAB) capable of engaging in ongoing, structured, two-way consultation during plan development as required under 24 CFR §903.13. Instead, the record reflects reliance on general public comment mechanisms, which are not interchangeable with the RAB consultation requirement.

The administrative record further reflects a failure to distinguish between general public comment and RAB consultation, rendering it impossible to verify that the required consultation process has occurred.

This structural design results in disenfranchisement through structural design, whereby program participants are formally included but functionally excluded from meaningful participation in decisions governing the program that serves them.

The Housing Authority’s own record acknowledges a program scale of approximately 1,700+ voucher households and reflects barriers to communication and participation.

A substantial portion of program participants are persons with disabilities. The absence of a functioning consultation framework creates barriers to participation and may result in denial of meaningful access to participation in a federally funded program, raising concerns under Section 504 of the Rehabilitation Act and the Americans with Disabilities Act.

The absence of a functioning consultation framework does not merely limit input; it effectively denies program participants a meaningful opportunity to participate in the administration of a federally funded housing program and may impair participants’ ability to effectively access and benefit from protections tied to plan development.

Importantly, federal PHA Plan certification requires an affirmative representation that required consultation processes have been completed. Where such processes cannot be verified in the Item 12-B
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Packet Pg. 749 Attachment: Written Comments (7434 : Annual Public Housing Authority Plan) 2 administrative record, certification raises substantial concerns regarding the accuracy of representations made to the federal government.

Certification of the PHA Plan under these conditions may therefore expose the Housing Authority, and the officials responsible for such certification, to federal review, oversight, and potential enforcement risk.
---

1. OBJECTION TO CERTIFICATION
This submission formally objects to the approval and certification of the PHA Plan in its current form.

The current administrative record does not demonstrate that the Housing Authority has satisfied mandatory federal consultation requirements under 24 CFR §903.13.

Certification under these conditions presents a material risk that required procedural steps have not been completed and that the record does not support a finding of compliance. ---

2. REGULATORY FRAMEWORK – DISTINCT AND NON-INTERCHANGEABLE REQUIREMENTS Federal regulations impose two separate and non-interchangeable requirements:
(1) Consultation with a Resident Advisory Board (RAB) during plan development under 24 CFR §903.13 (2) Public notice and opportunity for public comment under 24 CFR §903.17 These requirements serve distinct regulatory functions.

Consultation requires engagement with a defined advisory body. Public comment is a separate, generalaccess mechanism.

Public comment does not substitute for RAB consultation. The requirements operate cumulatively.

Even assuming a degree of administrative discretion in the structure of a Resident Advisory Board, the absence of any verifiable consultation process or administrative record demonstrating such consultation falls below the minimum threshold required to establish compliance. ---

3. MEANINGFUL CONSULTATION – FUNCTIONAL AND CIVIL RIGHTS REQUIREMENT Meaningful consultation requires the existence of a functioning advisory body capable of ongoing, structured, two-way engagement with the Housing Authority.

Such consultation requires:

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Packet Pg. 750 Attachment: Written Comments (7434 : Annual Public Housing Authority Plan) 3 - an identifiable advisory body
- a structured, peer-based mechanism for collective representation - ongoing two-way communication
- accessible pathways for participant engagement
- a process through which participant input is considered and incorporated The absence of a functional RAB is not merely a procedural gap, but reflects a failure to implement a required structural safeguard intended to ensure participant input in program governance.

Where a substantial portion of program participants are persons with disabilities, the absence of such a structure creates barriers to participation and may constitute a denial of meaningful access to participation in a federally funded program.
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4. OBSERVED STRUCTURAL DEFICIENCY
The current implementation relies on general public input mechanisms while lacking any verifiable structure for RAB consultation.

The administrative record reflects commingling of public comment and RAB input, with comments labeled collectively without any identifiable distinction.

There is no identifiable, documented RAB-specific consultation process.

The current record does not allow for independent verification of compliance with federal consultation requirements.

As a result:
- it is not possible to determine whether any RAB consultation occurred - no separate advisory body can be identified
- no record demonstrates compliance with 24 CFR §903.13 In practical effect, the RAB does not function as a distinct advisory body.

These deficiencies are structural in nature and not attributable to isolated error, but to the absence of an implemented participation framework.

The current structure reflects formal compliance in appearance without substantive implementation. ---
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Packet Pg. 751 Attachment: Written Comments (7434 : Annual Public Housing Authority Plan) 4 5. ABSENCE OF A DELIBERATIVE PROCESS
A functioning advisory body requires a deliberative process.

Such a process includes:
- structured opportunities for discussion
- development of collective positions
- ongoing two-way engagement with decision-makers
- an administrative record reflecting that engagement
No such deliberative structure is identifiable.

For example, during a February 2026 Housing Commission meeting at which the draft PHA Plan was presented, a written public comment was submitted and received. Neither staff nor the Commission addressed or acknowledged that comment, nor was any discussion or inquiry made in response.

This illustrates a breakdown in the feedback loop necessary for meaningful participation. ---

6. COMPARATIVE GOVERNANCE STRUCTURE – SELECTIVE EXCLUSION Within the City of Santa Monica, multiple boards and commissions operate as structured deliberative bodies.

These bodies:
- meet regularly
- engage in structured discussion
- produce recommendations
- maintain records of deliberation
By contrast, voucher program participants are not provided with any comparable structure.

This disparity reflects selective exclusion from governance mechanisms available to other stakeholders. ---

7. PROGRAM SCALE, DISABILITY IMPACT, AND BARRIERS TO PARTICIPATION The Housing Authority’s voucher program serves approximately 1,700+ participants.

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Packet Pg. 752 Attachment: Written Comments (7434 : Annual Public Housing Authority Plan) 5 A substantial portion of this population consists of persons with disabilities.

The current structure creates barriers to participation, including:
- reliance on passive, one-directional communication channels - lack of structured engagement opportunities
- limited accessibility of communication pathways
- lack of non-digital participation alternatives
- reliance on outreach methods acknowledged as incomplete or infeasible These conditions may disproportionately affect persons with disabilities and limit meaningful access to participation.
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8. LACK OF ACCESSIBLE PATHWAYS TO REPRESENTATION
Program participants are not provided with accessible and functional pathways to engage with a tenant representative on the Housing Authority Board.

Written communications identify the representative by name but do not provide direct contact information or accessible methods of communication.

Participants—particularly seniors and individuals with disabilities—may not have reliable access to email or online resources, yet no non-digital or alternative communication pathways are provided, further limiting accessibility and meaningful participation.

This further limits meaningful participation and access to representation. ---

9. HISTORICAL PATTERN OF AWARENESS WITHOUT IMPLEMENTATION Concerns regarding the absence of a functioning RAB have been raised since at least 2019.

On September 13, 2022, during a Housing Authority Board study session, a robust discussion took place regarding resident participation structures. The Housing Authority Board requested that staff return "as soon as possible" with guidelines for a proposed Client Advisory Board and extended model.

Subsequently, on February 27, 2024, the Housing Authority Board considered the introduction of a Client Advisory Board; however, the item was continued with direction for further review, and no advisory structure has since been implemented.

Subsequent PHA Plans do not reflect any structural changes addressing resident participation.

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Packet Pg. 753 Attachment: Written Comments (7434 : Annual Public Housing Authority Plan) 6 This pattern reflects not only a lack of implementation, but a sustained failure to operationalize a recognized program requirement despite repeated formal consideration.

The record reflects a pattern of consideration without implementation. ---

10. FAILURE TO IMPLEMENT REQUIRED PROGRAM ELEMENT
The absence of a functioning RAB reflects a failure to implement a required program component under federal regulations.

A Resident Advisory Board is a required element of the PHA Plan development framework.

The absence of a functional advisory body therefore constitutes a structural compliance deficiency.

This absence is not merely a procedural omission, but a failure to implement a required structural safeguard within a federally funded program framework.
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11. OPERATIONAL SUPPORT AND FEASIBILITY
Federal program frameworks permit the allocation of administrative resources to support participant engagement and consultation processes.

A functioning RAB requires minimal operational support.

The absence of such support in the Housing Authority’s current structure further limits the ability of any advisory structure to function in practice.
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12. FEDERAL CIVIL RIGHTS CONTEXT
A federal civil rights complaint has been submitted concerning program administration, including barriers to participation and access to decision-making processes.

The structural deficiencies identified herein overlap with those concerns.

The absence of a functioning consultation framework in a program serving a substantial population of persons with disabilities raises issues of access, participation, and potential disparate impact under federal civil rights law.

The resulting structure may also impair participants’ ability to effectively access and benefit from program protections tied to plan development.
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Packet Pg. 754 Attachment: Written Comments (7434 : Annual Public Housing Authority Plan) 7 13. CERTIFICATION RISK, ACCOUNTABILITY, AND FEDERAL OVERSIGHT IMPLICATIONS In light of the deficiencies described above, certification of the PHA Plan raises substantial concerns.

The current administrative record does not demonstrate that required consultation has occurred.

These deficiencies are apparent on the face of the administrative record.

Federal certification constitutes an affirmative representation that required conditions have been satisfied. Where the underlying record does not support such representation, certification may trigger federal review, oversight, or enforcement action.

The absence of a functional RAB raises concerns regarding program integrity and the reliability of compliance representations made in connection with federal funding.

Where certification is made in the absence of verifiable compliance, the risk extends beyond procedural deficiency to potential misrepresentation in connection with federal funding.

These conditions present systemic risk within a federally funded program framework.

Certification relies on representations made by responsible officials. Where the record does not support such representations, questions of accountability may arise.

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Packet Pg. 755 Attachment: Written Comments (7434 : Annual Public Housing Authority Plan) Proposed PHA Plans
Housing Authority Board
April 14, 2026
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Packet Pg. 756 Attachment: PowerPoint Presentation (7434 : Annual Public Housing Authority Plan) Overview
Santa Monica Housing Authority (SMHA)
• 6 Rental Assistance Programs
• 1,700+ Participants
Public Housing Authority (PHA) Plans Fiscal Year (FY)
2026-27

1. Annual Plan FY 2026-2027 and Progress Report
Public Comments and Input

2. Draft Administrative Plan for FY 2026-2027
Summary of Proposed Discretionary Policy Changes
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Packet Pg. 757 Attachment: PowerPoint Presentation (7434 : Annual Public Housing Authority Plan) PHA Plans
Highlights for this PHA Plan

1. Annual Plan and Progress Report for 5-Year Plan FY 2025-2030 Opening Berkeley Station at 1342 Berkeley St.
13 one bedroom units and on-site supportive services for youth Lease up started on April 1, 2026 and fully leased in 1 week

2. Draft Administrative Plan for FY 2026-2027
Expansion of Tier 1 Santa Monica Priority
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Packet Pg. 758 Attachment: PowerPoint Presentation (7434 : Annual Public Housing Authority Plan) Engagement
Public Comment Period: January 20, 2026 – March 6, 2026 Public Input • Emailed notices on:
- January 21, 2026
- January 28, 2026
- March 5, 2026
• Hosted Zoom Workshop: February 3 , 2026
• Presented at the Housing Commission: February 5, 2026 • Presentation and Approval for the Housing Authority Board: April 14, 2026 Methodologies
•Website
•Email
•Meetings
•Mail
•Phone
•Office
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Packet Pg. 759 Attachment: PowerPoint Presentation (7434 : Annual Public Housing Authority Plan) Timeline • HUD Submission by April 17, 2026 • Effective July 1, 2026 • Full HOTMA compliance by January 1, 2027 • Chapters 6, 7, and 11
Requirements
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Packet Pg. 760 Attachment: PowerPoint Presentation (7434 : Annual Public Housing Authority Plan) Conclusion
Staff recommends

1. Hold a public hearing and receive public comment;

2. Adopt the FY 2026-2027 Annual Plan and Progress Report for Current 5-Year Plan;

3. Adopt the FY 2026-2027 Santa Monica Housing Authority Administrative Plan;

4. Authorize the Submission of the FY 2026-2027 PHA plan which consists of the FY 2026-2027 Annual Plan and Progress Report for Current 5-Year Plan, and Administrative Plan to the United States Department of Housing and Urban Development (HUD); and

5. 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.

The Santa Monica Housing Authority Board:

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Packet Pg. 761 Attachment: PowerPoint Presentation (7434 : Annual Public Housing Authority Plan) City Council
Report
City Council Meeting: April 14, 2026
Agenda Item: 12.C
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To: Mayor and City Council
From: Jing Yeo, Director, Administration
Subject: Public Hearing and Introduction for First Reading of an Ordinance to Amend the Text of the Zoning Ordinance to Align Santa Monica Municipal Code Section 9.31.125, Duplexes and Lot Splits on Parcels Zoned for Single-Unit Residential, with State Law as Modified by Santa Monica’s 6th Cycle Housing Element
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 65852.21(k); and

2. Introduce for First Reading an Ordinance amending the text of the City’s Zoning Ordinance to align Santa Monica Municipal Code Section 9.31.125, Duplexes and Lot Splits on Parcels Zoned for Single-Unit Residential, with State law as modified by Santa Monica’s 6th cycle Housing Element.

3. Alternatively, the City Council has the option to: 1) Adopt a finding of statutory exemption from the California Environmental Quality Act (CEQA) pursuant to Government Code Section 65852.21(k); and 2) Introduce for First Reading an Ordinance amending the text of the City’s Zoning Ordinance to align Santa Monica Municipal Code Section 9.31.125, Duplexes and Lot Splits on Parcels Zoned for Single-Unit Residential, with State law as modified by Santa Monica’s 6 th cycle Housing Element, with additional amendment to maintain the Stateauthorized adjustment guaranteeing unit sizes of 1,500 square feet.

Summary
Pursuant to City Council direction, the proposed text amendments being presented would, if adopted, make changes to the City’s Zoning Ordinance that would align Santa Monica’s implementation of Senate Bill (SB) 9 (through Santa Monica Municipal Code (SMMC) Section 9.31.125, Duplexes and Lot Split on Parcels Zoned for Single-Unit Residential) with State law. With regard to alignment of SB 9 with State law, staff has

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also confirmed with the State that prior Council direction provided in May 2025, which guaranteed unit sizes of 1,500 square feet pursuant to SB 9 lot splits, can be maintained locally and is allowed consistent with existing State law. Accordingly, the City Council can provide direction to maintain guaranteed unit sizes of 1,500 square feet as part of the consideration of this item. Finally, in addition to amendments for consistency with State law, minor revisions and additions have been included for clarification and ease of implementation.

Background
On January 1, 2022, Senate Bill 9 (SB 9), known as the California Housing Opportunity and More Efficiency (HOME) act, became effective. SB 9 allows for duplexes and lot splits on parcels zoned for single-unit residential. Pursuant to SB 9, a property owner could either (1) construct a duplex (two units) and two Accessory Dwelling Units (ADUs) on a single parcel or (2) subdivide a parcel into two and construct up two units (including ADUs) on each resulting parcel. Ultimately, both paths limit the development to four units. Additionally, certain parameters were applied such as locational limitations, displacement protections, and an owner occupancy requirement obligating an applicant to sign an affidavit stating that they intend to occupy one of the housing units as their personal residences for a minimum of three years from the date of approval of a lot split.

Pursuant to Programs 4.E of the City’s certified 6th Cycle (2021-2029) Housing Element, City Council adopted implementation of SB 9 on April 11, 2023, as SMMC Section

9.31.125, Duplexes and Lot Split on Parcels Zoned for Single-Unit Residential, with a local amendment allowing for more than four units on parcels 10,000 square feet or greater in order to meet local housing goals and facilitate more diverse housing choices in the City’s highest opportunity areas.

Subsequent to Santa Monica’s original implementation, SB 9 was revised by Senate Bill 450 (SB 450) which amended the law as follows:

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• Removes the option to prohibit projects that would result in the demolition of more than 25% of existing exterior walls.
• Makes clear that a local agency cannot impose objective standards to lot split/duplex projects unless: 1) the standards apply uniformly within the zone; or 2) the standards are more permissive than those of the underlying zoning district. • Removes authorization for a local agency to deny a proposed housing development if the building official makes a written finding that the proposed housing development project would have a specific, adverse impact upon the physical environment (the authorization to deny based on a written finding that the proposed project would have a specific, adverse impact on public health or safety remains in place).
• Requires agencies to approve or deny applications within 60 days of the submittal of a complete application, otherwise the application will be deemed approved.
• Makes additional legislative findings to clarify that SB 9 applies to all cities, including charter cities.

In addition to the above State law required amendments, on January 28, 2025, “in order to facilitate diverse housing choices in the City’s highest opportunity areas,” the City Council gave direction to staff to “return with an ordinance to amend the City’s regulations governing ministerial approval for certain lot splits and duplexes on parcels zoned for single-unit residential by: (1) removing the owner-occupancy requirement for lot splits and duplexes and clarifying that vacant or demolished parcels, as well as lots with approved demolition permits, are eligible for lot splits and duplexes, (2) allowing one roof deck per unit, and (3) ensuring that no standard within this ordinance or the underlying zoning district shall preclude the construction of 2 units, not including ADUs, of at least 1,200 square feet each.”

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On May 27, 2025, Council adopted a revised SMMC Section 9.31.125 to implement SB 450 and Council direction with an amendment to increase guaranteed unit size to 1,500 square feet.

Subsequent to adoption of the City’s most recent amendments, on August 15, 2025, staff submitted a Technical Assistance request (Attachment B) to the California Department of Housing and Community Development (HCD) regarding implementation of SB9/450 that asked for clarification on the following items:
• Do projects on vacant parcel qualify for SB 9/450?
• May the City, through a local, more permissive expansion of SB 9/450, remove the owner occupancy requirement that requires an applicant to intend to live in the project for a minimum of three years after the approval of a lot split? • May the City adopt an ordinance, separate and apart from the statutory requirement of SB 9/450?
On November 3, 2025, staff met with HCD staff and were informed that HCD would not be providing an official written response of technical assistance on all of the above topics. However, during that meeting HCD responded that they saw no issue with Santa Monica adopting two implementations – one codifying a strict implementation of SB 9/450 with the required amendment pursuant to Santa Monica’s Housing Element Program 4.E allowing more than four units on parcels 10,000 SF or greater and another to implement local provisions for duplexes and lot splits in single-unit residential zoning districts pursuant to prior Council direction. This direction from HCD is memorialized in their November 6, 2025 email to staff that is provided as Attachment C.

On January 13, 2026, the City Council adopted Resolution Number 11733 (CCS), initiating the process to amend the text of the Zoning Ordinance to, among other things,

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align SMMC 9.31.125 with State Law and Program 4.E of the 6th Cycle Housing Element, which requires a State Law-compliant ordinance implementing SB9 with provisions for larger parcels. At this time staff has returned to only move forward with modifying the City’s existing implementation of SB 9/450 to align with State law, as modified by Santa Monica’s 6th cycle Housing Element, as discussed in more detail below. It should be noted that this does not preclude the Council from adopting a local ordinance for duplexes and lot splits.

Planning Commission Recommendation
On March 4, 2026, the Planning Commission voted 6-1 to recommend to the City Council that the Council “amend the text of zoning ordinance related to projects consisting of duplexes and lot splits on parcels zoned for single-unit residential to align with State law as modified by the City’s certified 6th cycle Housing Element” and to seek clarification from HCD regarding the eligibility of beneficial ownerships and trusts in utilizing “SB 9”. One Commissioner voted to oppose the amendments until the City simultaneously considers adoption of a local ordinance of SB 9 that would remove the owner-occupancy requirement and provide guaranteed unit sizes of 1,500 SF pursuant to City Council’s prior direction. The Commissioner also highlighted that even in a State law version of SB 9; pursuant to HCD, the City is not required to reduce the minimum unit size to 800 SF. Ultimately, the Commission did not recommend increasing the minimum unit size from 800 SF.

Discussion
Pursuant to guidance from HCD and City Council direction provided on January 13, 2026 to align the City’s implementation of “SB 9” with State law, as required to be modified by Program 4.E of Santa Monica’s 6th cycle Housing Element, the following is a summary of the proposed amendments to SMMC Section 9.31.125, Duplex and Lot Splits on Parcels Zoned for Single-Unit Residential.
• Applicability. Removal of text that is not included in State law specifying eligibility of projects located on a “developed parcel, currently developed parcel

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proposing demolition, and vacant parcel.” However, on January 23, 2026, HCD provided guidance in a Technical Assistance letter to the City of Glendora clarifying “that if an applicant submits an SB 9 development application concurrently with an SB 9 urban lot split application,” a jurisdiction “should approve the urban lot split application even if the parcel is vacant because the presence of a development application demonstrates the applicant’s good-faith intent to reside on the site.”
• Lot Split Standards and Requirements. Reintroduction of the occupancy requirement that, amongst other provisions, requires “an applicant for a lot split shall sign an affidavit stating that the applicant intends to occupy one of the housing units as their principal residence for a minimum of three years from the date of the approval of the lot split.”
• Guaranteed Units. Reversion of guaranteed unit sizes from 1,500 to 800 square feet to align with the minimum size stipulated in State law. However, HCD has stated that this is an area that the City can exceed State law by guaranteeing larger unit sizes, and as outlined in recommended options section, the Council has discretion to increase the guaranteed unit size in the proposed ordinance.

Adopting larger guaranteed unit sizes could also create the need to modify additional standards, such as building height or front setback dimensions.

In addition to the amendments for prior State laws, staff is also proposing to incorporate amendments pertaining to historic districts that have been added to the Government Code through Assembly Bill 1061 (AB 1061), a new State law that became effective on January 1, 2026. AB 1061 makes clear that demolition of a contributing structure within a historic district included on the State Historic Resources Inventory or within a City designated historic district is not permitted. AB 1061 also prohibits the alteration of an existing exterior structural wall of a structure located within either a historic district that is included on the California Register of Historical Resources or within a City designated historic district.

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Furthermore, staff is proposing the following development standard provision for clarification and ease of implementation in order to avoid conflict between State law and local standards:
• Upper-Story Stepbacks. In the case of a lot split, no upper-story stepback shall be required from the newly created interior parcel line for permitted projects pursuant to this Section, provided that the structures meet fire and safety standards.

Environmental Review
The approval of the proposed ordinance to implement amendments for consistency with State law is statutorily exempt from the provisions of the California Environmental Quality Act (CEQA) pursuant to Government Code Section 65852.21(k), which states that an ordinance adopted to implement “SB 9” shall not be considered a project under CEQA (Section 21000 et seq of the Public Resources Code).

Past Council Actions
Meeting Date Description
April 11, 2023 Second Reading and Adoption of an Ordinance Amending the Text of the Zoning Ordinance for Consistency with the Goals, Policies, and Programs set forth in the 6th Cycle (2021-2029) Housing Element; for Consistency with Updates to State Law Related to Housing Production and Minimum
Parking Requirements; and to Make Minor Changes,
Clarifications and Corrections Including Modifications to Parcel Coverage Limitations for Existing Structures in the R1 (Single-Unit) District and Modifications to the Standards for Accessory Structures
January 25, 2025 Request of Councilmembers Zwick, Zernitskaya, and Hall that, in conjunction with necessary updates arising out of SB 450, and in order to facilitate diverse housing choices in the City’s highest opportunity areas, the City Council directs the City Manager and the City Attorney to return with an
ordinance to amend the City’s regulations governing
ministerial approval for certain lot splits and duplexes on parcels zoned for single-unit residential by: (1) removing the owner-occupancy requirement for lot splits and duplexes

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and clarifying that vacant or demolished parcels, as well as lots with approved demolition permits, are eligible for lot splits and duplexes, (2) allowing one roof deck per unit, and (3) ensuring that no standard within this ordinance or the underlying zoning district shall preclude the construction of 2 units, not including ADUs, of at least 1200 square feet each.

One year after implementation, city staff shall return with a report on any impacts of the ordinance, as amended,
including data on net new housing units permitted, effects on displacement (if any), concentration of ownership, and other pertinent information to evaluate its success in
affirmatively furthering fair housing and creating more affordable “missing middle” homes.

May 27, 2025 Second Reading and Adoption of an Ordinance Amending the Text of the City’s Zoning Ordinance to Eliminate Parcel Size Threshold for Streamlined Review of Housing Projects, Increase the Maximum Square Footage for Accessory
Dwelling Units, Revise Provisions Related to Ministerially Approved Lot Splits and Duplexes on Parcels Zoned SingleUnit Residential, Adjust the Criteria for Streamlined Review of Housing Projects on Large Sites Within Bergamot Zoning Districts, Provide Extensions for Projects Approved prior to January 6, 2025, Convert Parcel Coverage Development
Standards to Floor Area Ratio for the City’s Residential Zoning Districts, and Align Density Standards for the City’s Multiple-Unit Residential Zoning Districts with the Intensities Envisioned in the Land Use and Circulation Element; for Consistency With Recent Updates to State law; and Making Other Minor Changes, Corrections and Clarifications
January 13, 2026 Consideration of Certain Prior Housing-Production Related Votes and Repeal of Interim Zoning Regulations Related to Projects Utilizing State Law for Small Lot Subdivisions and Duplexes and Lot Splits on Parcels Zoned for Single-Unit Residential
Financial Impacts and Budget Actions
There is no immediate financial impact or budget action necessary as a result of the recommended action. Staff will return to Council if specific budget actions are required in the future.

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Prepared By: Ross Fehrman, Planning Manager
Approved Forwarded to Council
Attachments:

A. Attachment A - 2026.04.14 - SB 9 Ord
B. Attachment B - August 15, 2025 Technical Assistance Request to HCD C. Attachment C - November 6, 2025 HCD Technical Assistance Response D. Written Comments

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1 City Council Meeting: April 14, 2026 Santa Monica, California ORDINANCE NUMBER _________ (CCS)
(City Council Series)

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF

SANTA MONICA AMENDING THE TEXT OF THE ZONING ORDINANCE RELATED

TO PROJECTS CONSISTING OF DUPLEXES AND LOT SPLITS ON PARCELS

ZONED FOR SINGLE-UNIT RESIDENTIAL
WHEREAS, the State of California faces a housing crisis of availability and affordability, in large part due to a severe shortage of housing; and WHEREAS, solving the housing crisis requires a multifaceted, statewide approach which will include, but is not limited to, any or some of the following: (A) Encouraging an increase in the overall supply of housing; (B) Encouraging the development of housing that is affordable to households at all income levels; (C) Removing barriers to housing production; (D) Expanding homeownership opportunities; and (E) Expanding the availability of rental housing; and
WHEREAS, California’s housing crisis stifles economic growth, contributes to the homelessness epidemic, consumes an ever-growing share of the paychecks of working families, and holds millions of households back from realizing the California dream of home ownership; and
WHEREAS, the State has declared that restrictive zoning, land use, and burdensome permitting policies at the local and state level are a major cause of the shortfall between California’s housing needs and the available supply of housing; and WHEREAS, the State’s 2016 housing affordability report found that the “housing shortage also makes many Californians, not only low-income residents, more likely to

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Packet Pg. 771 Attachment: Attachment A - 2026.04.14 - SB 9 Ord (7600 : Amendments to City's "SB 9" Ordinance to Align with State Law) 2 commute longer distances, live in overcrowded housing, and delay or forgo home ownership”; and
WHEREAS, houses cost more in California due to increased costs, heavy regulatory hurdles, and mandatory features and fees that add tens of thousands of dollars to the cost of each unit; and
WHEREAS, the production of new market-rate housing frees up existing, more affordable housing elsewhere in the region for sale or rent to lower and middle-income households; and
WHEREAS, with these goals in mind, in 2021, the California Legislature adopted Senate Bill 9 (SB 9), which added Government Code sections 65852.21 and 66411.7 and amended Government Code section 66452.6; and
WHEREAS, SB 9 requires local agencies to ministerially approve housing projects for either or both of the following: (a) a housing development of no more than two units (duplex) in a single-family zone; and/or (b) the subdivision of a parcel zoned for residential use, into two approximately equal parcels (lot split), as specified; and WHEREAS, pursuant to Programs 4.E and 4.F of the City’s 6th Cycle (2021-2029) Housing Element, City Council adopted implementation of SB 9 on April 11, 2023, as Santa Monica Municipal Code Section 9.31.125, Duplexes and Lot Splits on Parcels Zoned for Single-Unit Residential, with the local amendments to allow for more than four units on parcels 10,000 square feet or greater; and
WHEREAS, since local implementation, SB 9 was revised by SB 450, taking effect January 1, 2025, which amended the law to:

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Packet Pg. 772 Attachment: Attachment A - 2026.04.14 - SB 9 Ord (7600 : Amendments to City's "SB 9" Ordinance to Align with State Law) 3 • Remove the option to prohibit projects that would result in the demolition of more than 25% of existing exterior walls
• Make clear that a local agency cannot impose objective standards to lot split/duplex projects unless: 1) the standards apply uniformly within the zone; or 2) the standards are more permissive than standards in the underlying zone • Remove authorization for a local agency to deny a proposed housing development if the building official makes a written finding that the proposed housing development project would have a specific, adverse impact upon the physical environment (i.e., the authorization to deny based on a written finding that the proposed project would have a specific, adverse impact on public health or safety remains in place).
• Require an agency to approve or deny applications within 60 days of a complete application otherwise will be deemed approved.
• Make additional legislative findings to clarify that SB 9 applies to all cities, including charter cities; and
WHEREAS, in addition to the state law required amendments, on January 28, 2025, in order to facilitate diverse housing choices in the City’s highest opportunity areas, in conjunction with necessary updates arising out of SB 450, the City Council gave direction to return amendments to the City’s regulations governing ministerial approval for certain lot splits and duplexes on parcels zoned for single-unit residential by: (1) removing the owner-occupancy requirement for lot splits and duplexes and clarifying that vacant or demolished parcels, as well as lots with approved demolition permits, are

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Packet Pg. 773 Attachment: Attachment A - 2026.04.14 - SB 9 Ord (7600 : Amendments to City's "SB 9" Ordinance to Align with State Law) 4 eligible for lot splits and duplexes, (2) allowing one roof deck per unit, and (3) ensuring that no standard within this ordinance or the underlying zoning district shall preclude the construction of 2 units, not including ADUs, of at least 1200 square feet each; and WHEREAS, on May 13, 2025, the City Council conducted a duly noticed hearing, and, after considering all oral and written testimony, on May 27, 2025, adopted Ordinance Number 2814, which, in part, amended Section 9.31.125 to (1) remove the owneroccupancy requirement for lot splits and duplexes and clarifying that vacant or demolished parcels, as well as lots with approved demolition permits, are eligible for lot splits and duplexes, (2) allow one roof deck per unit, and (3) ensure that no standard within this ordinance or the underlying zoning district shall preclude the construction of 2 units, not including ADUs, of at least 1500 square feet each; and WHEREAS, subsequent to the City Council’s adoption and amendment of Section

9.31.125, the City received informal advice from the California Department of Housing and Community Development (HCD) indicating that a separation of the statutory requirements under SB 9/450 and the provisions of the City’s local regulations related to duplexes and lot splits on parcels zoned for single-unit residential would be favorable for HCD’s review; and
WHEREAS, amendments to SMMC Chapter 9.31, Standards for Specific Uses and Activities, and SMMC Section 9.31.125, Duplexes and Lot Splits on Parcels Zoned for Single-Unit Residential, are desirable to comply more closely with State law and to allow for lot splits and duplexes in single-unit residential zoning districts pursuant to prior Council direction; and

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Packet Pg. 774 Attachment: Attachment A - 2026.04.14 - SB 9 Ord (7600 : Amendments to City's "SB 9" Ordinance to Align with State Law) 5 WHEREAS, on October 10, 2025, the California Legislature enacted Assembly Bill 1061 (AB 1061), which took effect January 1, 2026; and
WHEREAS, AB 1061 updates SB 9 and SB 450 by specifying when the historic status of a property may limit a local agency’s ministerial review obligations under state law; and
WHEREAS, on January 13, 2026, in accordance with Santa Monica Municipal Code Section 9.46.030(A), the City Council adopted a Resolution of Intention, Resolution Number 11733 (CCS), declaring its intention to consider recommending to the City Council that the City Council amend the text of the Zoning Ordinance related to projects consisting of duplexes and lot splits for parcels zoned single-unit residential to align the City’s ordinance with State law requirements; and
WHEREAS, on March 4, 2026, the Planning Commission conducted a duly noticed public hearing to consider recommending to the City Council that the City Council amend the text of the Zoning Ordinance; and
WHEREAS, City Council now desires to amend the text of the Zoning Ordinance with respect to projects consisting of duplexes and lot splits for parcels zoned single-unit residential to align the City’s ordinance with State law requirements.

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

SECTION 1. City Council hereby amends the text of the Zoning Ordinance to related to projects consisting of duplexes and lot splits for parcels zoned single-unit residential to align the City’s ordinance with State law requirements. In making this

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Packet Pg. 775 Attachment: Attachment A - 2026.04.14 - SB 9 Ord (7600 : Amendments to City's "SB 9" Ordinance to Align with State Law) 6 recommendation, the City Council hereby finds and declares that, for the reasons articulated above, and in the staff report dated April 14, 2026:

1. The proposed amendments to the text of the Zoning Ordinance are consistent with the General Plan and any applicable specific plan in that the amendments are required to implement State law pertaining to duplexes and lot split on parcels zoned for single-unit residential as required by the City’s certified 6th Cycle Housing Element and are otherwise consistent with the goals and policies of the General Plan by helping to meet local housing goals and to facilitate more diverse housing choices in the City’s highest opportunity areas.

2. The proposed amendments are consistent with the purpose of the Zoning Ordinance to promote the growth of the City in an orderly manner and to promote and protect the public health, safety, and general welfare in that the amendments are necessary to implement State law pertaining to duplexes and lot split on parcels zoned for single-unit residential as required by the City’s certified 6th Cycle Housing Element in order to help meet local housing goals and to facilitate more diverse housing choices in the City’s highest opportunity areas.

SECTION 2. Santa Monica Municipal Code Section 9.31.125 is hereby amended as follows:

Section 9.31.125. Duplexes and Lot Splits on Parcels Zoned for Single-Unit Residential.

The purpose of this Section is to establish standards, requirements, and procedures for the ministerial approval of duplexes and lot splits on parcels zoned for single-unit residential to meet State law requirements pursuant to Government Code Sections

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Packet Pg. 776 Attachment: Attachment A - 2026.04.14 - SB 9 Ord (7600 : Amendments to City's "SB 9" Ordinance to Align with State Law) 7 65852.21 and 66411.7, the City's local housing goals and needs identified in the 6th Cycle Housing Element, and to facilitate diverse housing choices in the City's highest opportunity areas by increasing guaranteed unit size, not imposing an occupancy requirement for lot splits, and allowing additional units for larger parcels.

A. Applicability. This Section shall apply to parcels located in the Single-Unit Residential (R1) and Ocean Park Single-Unit Residential (OP1) zoning districts, and select parcels within Multi-Unit Residential and Ocean Park Neighborhood zoning districts limited to one single-unit dwelling based on specific limitations, including, but not limited to, density calculations and parcel size and/or dimensions. Eligible parcels under this Section include, but are not limited to, developed parcels, currently developed parcels proposing demolition, and vacant parcels. Any qualified applicant, as defined by Section

9.52.020.2010, may submit an application applicant pursuant to this Section subject to all of the following:

1. Location Requirements.
a. The parcel is located in an urbanized area or urban cluster, as defined by the Census Bureau.;
b. The parcel is not located within a historical landmark property included on the State Historic Resources Inventory, as defined in Section 5020.1 of the Public Resource Code, or within a site that is designated or listed as a City landmark designated historic district or does not contain a historic resource.; c. The parcel is not located on a site identified in California Government Code Section 65913.4(a)(6)(B), (C), (I), (J), (K), which includes, but is not limited to, the following:

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Packet Pg. 777 Attachment: Attachment A - 2026.04.14 - SB 9 Ord (7600 : Amendments to City's "SB 9" Ordinance to Align with State Law) 8 i. Prime farmland, wetlands, land identified for conservation, land under conservation easement, or habitat for protected species.; d. The parcel is not located on a site identified in California Government Code Section 65913.4(a)(6)(D), (E), (F), (G), (H), unless the development satisfies the requirements therein, which includes, but is not limited to, the following:
i. Very high fire hazard severity zone, hazardous waste site, delineated earthquake fault zone, 100-year floodplain, or regulatory floodway.

2. Demolition or Alteration Limitations Displacement Protections. a. Projects shall not include alteration or demolition of any of the following types of housing:
i. Housing that is subject to a recorded covenant, ordinance, or law that restricts rents to levels affordable to persons and families of moderate, low, or very low income;
ii. Rent-controlled housing or housing subject to any form of price control, including, but not limited to, units subject to the California statewide rent control law and Article XVIII of the Santa Monica Charter, the City's rent control law;
iii. Housing that has been occupied by a tenant in the last 3 years; or
iv. Housing on parcels with an Ellis Act eviction in the last 15 years from date of application submittal;.

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Packet Pg. 778 Attachment: Attachment A - 2026.04.14 - SB 9 Ord (7600 : Amendments to City's "SB 9" Ordinance to Align with State Law) 9 v. A contributing structure located within either a historic district that is included on the California Register of Historical Resources or within a City designated historic district; or
vi. An existing exterior structural wall of a structure located within either a historic district that is included on the California Register of Historical Resources or within a City designated historic district.

B. Permitted Projects. The following project types are permitted pursuant to this Section:

1. Lot Split. A permitted parcel may be subdivided into two 2 parcels pursuant to Section (D), below.

2. Duplex. One duplex may be established or constructed on a permitted parcel pursuant to Section (E), below.

3. Lot Split With Single-Unit Dwelling or Duplex. Single-unit dwellings and duplexes are permitted to be established in conjunction with a lot split pursuant to Sections (D) and (E), below.

C. Review Process.

1. Projects established under this Section shall be subject to a ministerial approval process as determined by the Director prior to submittal of a building permit.

2. Lot splits shall be subject to the provisions of Chapter 9.54, Land Divisions, as modified by Section 9.54.140, Special Procedures for Projects Subject to Specific State Law Provisions.

3. An application for a proposed project pursuant to this Section shall be considered and approved or denied within 60 days from the date of receipt of a completed

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Packet Pg. 779 Attachment: Attachment A - 2026.04.14 - SB 9 Ord (7600 : Amendments to City's "SB 9" Ordinance to Align with State Law) 10 application. If the Director has not approved or denied the completed application within 60 days, the application shall be deemed approved. If the application is denied, the Director shall return in writing within 60 days from receipt of the completed application, a full set of comments to the applicant with a list of items that are defective or deficient and a description of how the application can be remedied by the applicant.

4. A project pursuant to this Section may be denied if the Building Official makes a written finding, based upon a preponderance of the evidence, that the proposed project would have a specific, adverse impact, as defined and determined in paragraph (2) of subdivision (d) of Section 65589.5, upon public health and safety for which there is no feasible method to satisfactorily mitigate or avoid the specific, adverse impact.

D. Lot Split Standards and Requirements. Parcels subdivided pursuant to this Section shall comply with the following standards and requirements:

1. Minimum Parcel Size. Parcels resulting from a permitted lot split shall be no smaller than 1,200 square feet and 40% of the original parcel size.

2. Minimum Parcel Dimensions. No minimum parcel width or depth.

3. Access. Access to a public right-of-way shall be provided for each resulting parcel.

4. Easement. Easements, as required, shall be provided for the provision of public services and facilities for each resulting parcel.

5. Subdivision Limitations.
a. The subject parcel has not been previously subdivided pursuant to this Section or Government Code Section 66411.7.

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Packet Pg. 780 Attachment: Attachment A - 2026.04.14 - SB 9 Ord (7600 : Amendments to City's "SB 9" Ordinance to Align with State Law) 11 b. The subject parcel is not adjacent to another parcel that has been subdivided pursuant to this Section or Government Code Section 66411.7 by the same owner or any person acting in concert with the same owner.

6. Occupancy. An applicant for a lot split shall sign an affidavit stating that the applicant intends to occupy one of the housing units as their principal residences for a minimum of three years from the date of the approval of the lot split. This requirement shall not apply to an applicant that is “community land trust,” as defined in clause (ii) of subparagraph (C) of paragraph (11) of subdivision (a) of Section 402.1 of the Revenue and Taxation Code, or is a “qualified nonprofit corporation” as described in Section 214.15 of the Revenue and Taxation Code. In order to facilitate diverse housing choices in the City's highest opportunity areas, a qualified applicant for an urban lot split is not required to sign an affidavit stating that the applicant intends to occupy one of the housing units as their principal residence for a minimum of 3 years from the date of the approval of the urban lot split.

7. The City shall not require, as a condition for ministerial approval of a parcel map application for the creation of a lot split approved pursuant to this Section, the correction of nonconforming zoning conditions.

E. Development Standards and Requirements. Development established or constructed under this Section shall comply with all of the following standards and requirements. Where provisions are not specifically addressed, the standards of the underlying zoning district shall apply.

1. Land Uses. Permitted uses shall be limited to the following:
a. Single-unit dwelling.

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Packet Pg. 781 Attachment: Attachment A - 2026.04.14 - SB 9 Ord (7600 : Amendments to City's "SB 9" Ordinance to Align with State Law) 12 b. Duplex.
c. Accessory dwelling unit.
d. Junior accessory dwelling unit.

2. Maximum Unit Count.
a. No Lot Split. Up to four4 units are permitted per parcel. A duplex must be established but no more than one duplex is permitted. The four4 permitted units are inclusive of accessory dwelling units pursuant to Section 9.31.025. b. Lot Split. Up to two2 units are permitted on each parcel created by a lot split. The two2 permitted units are inclusive of accessory dwelling units and junior accessory dwelling units pursuant to Section 9.31.025, unless otherwise permitted in this Section.
c. Parcels 10,000 Square FeetSF or Greater. Pursuant to 6th Cycle Housing Element Program 4.E, nNotwithstanding subsection (a) and (b), above, on parcels 10,000 square feet or greater, more than four4 units may be permitted per parcel, inclusive of accessory dwelling units pursuant to Section 9.31.025.

3. Minimum Front Setback. If a lot split results in a front parcel line that is adjacent to an alley, no more than 4 feet is required.

4. Minimum Side and Rear Setbacks.
a. 4 feet, except in the following circumstances:
i. In the case of a lot split, no setback shall be required from the newly created interior parcel line for permitted projects pursuant to this Section, provided that the structures meet fire and safety standards.

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Packet Pg. 782 Attachment: Attachment A - 2026.04.14 - SB 9 Ord (7600 : Amendments to City's "SB 9" Ordinance to Align with State Law) 13 ii. Existing structures or structures constructed in the same location and to the same dimensions may retain nonconforming setbacks.

5. Upper-Story Stepbacks. In the case of a lot split, no upper-story stepback shall be required from the newly created interior parcel line for permitted projects pursuant to this Section, provided that the structures meet fire and safety standards.

F. Parking. One parking space is required per unit established pursuant to this Section, except no parking is required if any of the following applies:

1. The parcel is located within one-half mile walking distance of either a highquality transit corridor, as defined in subdivision (b) of Section 21155 of the Public Resources Code, or a major transit stop, as defined in Section 21064.3 of the Public Resources Code; or

2. There is a car share vehicle located within one block of the parcel.

G. Guaranteed Units. Unless denied pursuant to subsection (C)(4), above, and notwithstanding standards set forth within this Section or the underlying zoning district, no objective zoning, subdivision, or design standard shall have the effect of physically precluding the construction of up to two2 units of at least 8001,500 square feet of floor area each on a parcel, or in the event of a lot split pursuant to the Section, either of the resulting parcels.

H. Lease Terms. Units created under this Section shall not be used for rental terms of 30 days or less.

I. Development Impact Fees.

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Packet Pg. 783 Attachment: Attachment A - 2026.04.14 - SB 9 Ord (7600 : Amendments to City's "SB 9" Ordinance to Align with State Law) 14 1. Applicability of Chapter 9.64, Affordable Housing Production Program. Permitted projects under this Section are exempt from the affordable housing fee pursuant to Chapter 9.64.

2. Applicability of Chapter 9.65, Childcare Linkage Program, Chapter

9.66, Transportation Impact Fee Program, and Chapter 9.67, Parks & Recreation Development Impact Fee Program. Fees pursuant to Chapter 9.65, Chapter 9.66, and Chapter 9.67 shall be required for units created under 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. //
//
//

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Packet Pg. 784 Attachment: Attachment A - 2026.04.14 - SB 9 Ord (7600 : Amendments to City's "SB 9" Ordinance to Align with State Law) 15 SECTION 4. The Mayor shall sign and the City Clerk shall attest to the passage of this Ordinance. The City Clerk shall cause the same to be published once in the official newspaper within 15 days after its adoption. This Ordinance shall become effective 30 days from its adoption.

APPROVED AS TO FORM:
_________________________

HEIDI VON TONGELN
City Attorney

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Packet Pg. 785 Attachment: Attachment A - 2026.04.14 - SB 9 Ord (7600 : Amendments to City's "SB 9" Ordinance to Align with State Law) Community Development Department
City Planning Division
1685 Main Street – Mail Stop 28
Santa Monica, CA 90401
1 August 15, 2025
California Department of Housing & Community Development 651 Bannon Street
Sacramento, CA 95811
RE: Request for Technical Assistance for Senate Bill 9/450 Implementation Dear Housing and Community Development Staff,
Program 4.E of the City of Santa Monica’s 6th Cycle (2021-2029) Housing Element, certified by California Department of Housing and Community Development (HCD) in October of 2022, requires the City to adopt a local ordinance implementing SB 9 by establishing an administrative process without any discretionary action and including strong incentives to densify larger parcels in the R-1 zone by allowing ADUs to be constructed as allowed under statute in addition to SB 9 projects on parcels of at least 10,000 sf. This program was part of the City’s strategy to affirmatively further fair housing and was intended to allow property owners with larger parcels to construct more than the four units permitted by SB 9, thereby creating more diverse housing choices in some of the City’s highest opportunity areas and increasing equitable access to all neighborhoods through small increases to lower barriers for housing. On April 11, 2023, the City adopted Santa Monica Municipal Code (SMMC) Section 9.31.125, which implemented the provisions of SB 9 and Program 4.E. However, at that time, many provisions in SB 9 remained unclear regarding local implementation.

In October 2024, HCD provided some clarity and issued the City of Orinda Technical Assistance Letter (City of Orinda SB 9 Implementation – Letter of Technical Assistance) regarding the inability of LLCs to qualify for the Owner Occupancy requirement of SB 9.

On January 2025, SB 450, which amends provisions of SB 9, became effective.

Accordingly, on January 28, 2025, “in order to facilitate diverse housing choices in the City’s highest opportunity areas,” in conjunction with necessary updates arising out of SB 450, the City Council gave direction to staff to “return with an ordinance to amend the City’s regulations governing ministerial approval for certain lot splits and duplexes on parcels zoned for single-unit residential by: (1) removing the owner-occupancy requirement for lot splits and duplexes and clarifying that vacant or demolished parcels, as well as lots with approved demolition permits, are eligible for lot splits and duplexes, (2) allowing one roof deck per unit, and (3) ensuring that no standard within this ordinance or the underlying zoning district shall preclude the construction of 2 units, not including ADUs, of at least 1,200 square feet each.” On May 27, 2025, the City of Santa Monica amended the provisions of SMMC 9.31.125 to codify this direction. In support of these amendments, City Council cited the City’s local conditions, notably the City’s high

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Packet Pg. 786 Attachment: Attachment B - August 15, 2025 Technical Assistance Request to HCD (7600 : Amendments to City's "SB 9" Ordinance to Align 2 land values and the prevalence of LLCs and other non-corporate owners in the City, to ensure project feasibility and limit liability.

On July 16, 2025, City staff had a telephone conversation with HCD staff regarding the amended SMMC Section 9.31.125. Based on that conversation, the City is seeking clarification on the following topics given the City Council’s stated desire to ensure feasibility of SB 9 projects and encourage the production of “missing middle” housing:

Vacant Parcels
• Given the recent updates in SB 450 removing demolition thresholds for projects, do projects on vacant parcels qualify for SB 9/450? If not, may the City adopt a local, more permissive expansion of SB 9/450 to specifically allow such projects on vacant parcels?
Owner Occupancy
• May the City, through a local, more permissive expansion of SB 9/450, remove the requirement that an applicant for a lot split under SB 9/450 sign an affidavit stating that the applicant intends to occupy one of the housing units as their principal residence for a minimum of three years from the date of the approval of the urban lot split? If not, may the City, through a local, more permissive, expansion of SB 9/450, permit an LLC or other non-natural party to own a property and qualify for the provisions of SB 9/450?
• If the affidavit remains required, when does the 3-year timeframe begin? If substantial renovations are required, can the occupancy period begin at issuance of the Certificate of Occupancy?
Local Implementation
• If the answer to any of the above questions is “no,” would it be HCD’s recommendation for the City to develop local regulations for lot splits and duplexes on parcels zoned for single-unit residential that are separate and apart from the statutory requirements of SB 9/450?
Thank you in advance for your assistance on these matters. Please do not hesitate to contact me if you have any questions.

Sincerely,
Jing Yeo, AICP
City Planning Manager
Attachments
• Santa Monica’s 6th Cycle (2021-2029) Housing Element – Program 4.E • SMMC Section 9.31.125 – Duplexes and Lot Splits on Parcels Zoned for SingleUnit Residential.

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Packet Pg. 787 Attachment: Attachment B - August 15, 2025 Technical Assistance Request to HCD (7600 : Amendments to City's "SB 9" Ordinance to Align Chapter 5 | Implementation Programs 154
Program 4.E PROVIDE NEW HOUSING CHOICES AND AFFORDABILITY IN

HIGH OPPORTUNITY AREAS THROUGH INCENTIVES FOR
SB9 UNITS IN R1-ZONE NEIGHBORHOODS
The City shall adopt a local ordinance implementing SB9, which shall establish an administrative process without any discretionary action, and shall include strong incentives to densify larger parcels in R1-Zone neighborhoods by allowing property owners on parcels of at least 10,000 sf to add ADUs as allowed under State Law in addition to SB9 projects. This will open up the possibility for property owners to construct up to 6 units through a multi-step process and create more housing choices and affordability in some of the most affluent areas of the city in accordance with Program 4F.

Program Background:

Historic practices like redlining and restrictive covenants have perpetuated housing segregation and hindered fair access to housing. Although the City has been a leader in encouraging diverse neighborhoods through fair housing, rent control and tenant protections, predominantly homeowner neighborhoods have accommodated very little diversity in housing types reducing housing access for even middle-income households and a large percentage of Santa Monica workers. R1-zoned neighborhoods make up approximately 35% of the land area in the city but contain 13% of the housing units in the city. In comparison, commercial zoning comprises only 7% of the City’s land area but contains 15% of the housing units in the City.

SB9, also known as the California Housing Opportunity and More Efficiency (HOME) Act, is a state bill that requires cities to allow one additional residential unit onto parcels zoned for single-unit dwellings. Allowing homeowners proposing SB9 projects to also construct ADUs, particularly on larger parcels, will increase new housing opportunities in high opportunity areas and also promote place-based strategies for community revitalization by increasing housing opportunities in all areas of Santa Monica.
• Timeframe: 1 or 3 years from October 15, 2021 (statutory deadline), as applicable per Gov’t Code Sec. 65583.4
• Responsibility: City Planning Division
• Objective: Increase equitable access to all neighborhoods through small increases that may lower the barriers to housing access in high opportunity neighborhoods

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Packet Pg. 788 Attachment: Attachment B - August 15, 2025 Technical Assistance Request to HCD (7600 : Amendments to City's "SB 9" Ordinance to Align with

11. Plan Submission. Existing dealerships shall submit plans to the Director for approval that satisfy the requirements of this subsection if such plans are not already on file.

12. Plan Verification. All dealerships shall submit a letter annually in June affirming their continued use of their test-driving, vehicle off-loading, and alley traffic control plans. Any changes to approved plans shall require approval of the Director.

13. Neighborhood Community Liaison. All dealerships shall provide contact information for an on-site dealership community liaison including name, telephone number, and email address.

Section 9.31.125 Duplexes and Lot Splits on Parcels Zoned for Single-Unit Residential
The purpose of this section is to establish standards, requirements, and procedures for the ministerial approval of duplexes and lot splits on parcels zoned for single-unit residential to meet the City’s local housing goals and needs identified in the 6th Cycle Housing Element and to facilitate diverse housing choices in the City’s highest opportunity areas by increasing guaranteed unit size, not imposing an occupancy requirement for lot splits, and allowing additional units for larger parcels.

A. Applicability
This section shall apply to parcels located in the Single-Unit Residential (R1) and Ocean Park Single-Unit Residential (OP1) zoning districts, and select parcels within Multi-Unit Residential and Ocean Park Neighborhood zoning districts limited to one single-unit dwelling based on specific limitations, including, but not limited to, density calculations and parcel size and/or dimensions. Eligible parcels under this Section include, but are not limited to, developed parcels, currently developed parcels proposing demolition, and

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Packet Pg. 789 Attachment: Attachment B - August 15, 2025 Technical Assistance Request to HCD (7600 : Amendments to City's "SB 9" Ordinance to Align vacant parcels. Any qualified applicant, as defined by Section 9.52.020.2010, may submit an applicant pursuant to this Section subject to all of the following:

1. Location Requirements:
a. The parcel is located in an urbanized area or urban cluster, as defined by the Census Bureau;
b. The parcel is not located within a designated historic district or does not contain a historic resource;
c. The parcel is not located on a site identified in California Government Code Section 65913.4(a)(6)(B), (C), (I), (J), (K), which includes, but is not limited to, the following:
i. Prime farmland, wetlands, land identified for conservation, land under conservation easement, or habitat for protected species; d. The parcel is not located on a site identified in California Government Code Section 65913.4(a)(6)(D), (E), (F), (G), (H), unless the development satisfies the requirements therein, which includes, but is not limited to, the following:
i. Very high fire hazard severity zone, hazardous waste site, delineated earthquake fault zone, 100-year floodplain, or regulatory floodway

2. Displacement Protections:
a. Projects shall not include alteration or demolition of any of the following types of housing:
i. Housing that is subject to a recorded covenant, ordinance, or law that restricts rents to levels affordable to persons and families of moderate, low, or very low income;

12.C.b
Packet Pg. 790 Attachment: Attachment B - August 15, 2025 Technical Assistance Request to HCD (7600 : Amendments to City's "SB 9" Ordinance to Align ii. Rent-controlled housing or housing subject to any form of price control, including, but not limited to, units subject to the California statewide rent control law and Article XVIII of the Santa Monica Charter, the City’s rent control law;
iii. Housing that has been occupied by a tenant in the last three years; or
iv. Housing on parcels with an Ellis Act eviction in the last 15 years from date of application submittal.

B. Permitted Projects
The following project types are permitted pursuant to this Section:

1. Lot Split. A permitted parcel may be subdivided into two parcels pursuant to Section (D), below.

2. Duplex. One duplex may be established or constructed on a permitted parcel pursuant to Section (E), below.

3. Lot Split with single-unit dwelling or duplex. Single-unit dwellings and duplexes are permitted to be established in conjunction with a lot split pursuant to Sections (D) and (E), below.

C. Review Process.

1. Projects established under this Section shall be subject to a ministerial approval process as determined by the Director prior to submittal of a building permit.

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Packet Pg. 791 Attachment: Attachment B - August 15, 2025 Technical Assistance Request to HCD (7600 : Amendments to City's "SB 9" Ordinance to Align

2. Lot splits shall be subject to the provisions of Chapter 9.54, Land Divisions, as modified by Section 9.54.140, Special Procedures for Projects Subject to Specific State Law Provisions.

3. An application for a proposed project pursuant to this section shall be considered and approved or denied within 60 days from the date of receipt of a completed application. If the Director has not approved or denied the completed application within 60 days, the application shall be deemed approved. If the application is denied, the Director shall return in writing within 60 days from receipt of the completed application, a full set of comments to the applicant with a list of items that are defective or deficient and a description of how the application can be remedied by the applicant.

4. A project pursuant to this Section may be denied if the Building Official makes a written finding, based upon a preponderance of the evidence, that the proposed project would have a specific, adverse impact, as defined and determined in paragraph (2) of subdivision (d) of Section 65589.5, upon public health and safety for which there is no feasible method to satisfactorily mitigate or avoid the specific, adverse impact.

D. Lot Split Standards and Requirements. Parcels subdivided pursuant to this Section shall comply with the following standards and requirements:

1. Minimum Parcel Size. Parcels resulting from a permitted lot split shall be no smaller than 1,200 square feet and 40% of the original parcel size.

2. Minimum Parcel Dimensions. No minimum parcel width or depth.

3. Access. Access to a public right-of-way shall be provided for each resulting parcel.

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Packet Pg. 792 Attachment: Attachment B - August 15, 2025 Technical Assistance Request to HCD (7600 : Amendments to City's "SB 9" Ordinance to Align

4. Easement. Easements, as required, shall be provided for the provision of public services and facilities for each resulting parcel.

5. Subdivision Limitations.
a. The subject parcel has not been previously subdivided pursuant to this Section.
b. The subject parcel is not adjacent to another parcel that has been subdivided pursuant to this Section by the same owner or any person acting in concert with the same owner.

6. Occupancy. In order to facilitate diverse housing choices in the City’s highest opportunity areas, a qualified applicant for an urban lot split is not required to sign an affidavit stating that the applicant intends to occupy one of the housing units as their principal residence for a minimum of three years from the date of the approval of the urban lot split.

7. The City shall not require, as a condition for ministerial approval of a parcel map application for the creation of a lot split approved pursuant to this Section, the correction of nonconforming zoning conditions.

E. Development Standards and Requirements. Development established or constructed under this Section shall comply with all of the following standards and requirements. Where provisions are not specifically addressed, the standards of the underlying zoning district shall apply.

1. Land Uses. Permitted uses shall be limited to the following:
a. Single-Unit Dwelling
b. Duplex

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Packet Pg. 793 Attachment: Attachment B - August 15, 2025 Technical Assistance Request to HCD (7600 : Amendments to City's "SB 9" Ordinance to Align c. Accessory Dwelling Unit
d. Junior Accessory Dwelling Unit

2. Maximum Unit Count.
a. No Lot Split. Up to four units are permitted per parcel. A duplex must be established but no more than one duplex is permitted. The four permitted units are inclusive of Accessory Dwelling Units pursuant to Section 9.31.025. b. Lot Split. Up to two units are permitted on each parcel created by a lot split. The two permitted units are inclusive of Accessory Dwelling Units and Junior Accessory Dwelling Units pursuant to Section 9.31.025, unless otherwise permitted under Section 9.31.025(I)(1)(d).
c. Parcels 10,000 SF or Greater. Notwithstanding subsection (a) and (b), above, on parcels 10,000 SF or greater, more than four units may be permitted per parcel, inclusive of Accessory Dwelling Units pursuant to Section 9.31.025.