Docusign Envelope ID: 393344CF-76DD-8CF8-8228-78F02CE0C879
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Packet Pg. 209 Attachment: Executed - Third Modification - Change Order #2 (7565 : 2800 Airport Ave Project Mod Olympos) Request Date:
Contract Information
11449 (CCS)
Olympos
2800 Airport Ave. SP2686
PROPOSED CHANGES: See Exhibit A for details.
Contractor: Contractor's Vendor # 204958
Project: Project #
5/4/26
CHANGE ORDER
Contract # Change Order (CO) #2 Council Approval Date: 08/27/2024 5/13/25 Project Manager: Jared Schultz Division: ASD
V. APPROVALS
Date Date
Date Date
Date
OPTIONAL - Client Department Representative
FUNDS AVAILABILITY CERTIFICATION:
Date
#DIVISIONHEAD #PWDIRECTOR
#CLIENTDEPARTMENT
#FINANCE
The signing of a Change Order indicates that the parties have reached a full resolution, settlement and accord, and satisfaction with respect to all claims for cost and extensions of time that were asserted, or that could have been asserted, whether known or unknown at the time of execution of the Change Order, and that are related to the subject matter of the Change Order, including without limitation all claims, costs or damages for delay, disruption, hindrance, interference, extended or extraordinary direct and indirect overhead, multiplicity of Changes, loss of productivity labor or material cost escalations, inefficiency, the "impact" of the Change on the Work, legal expenses, consultant costs, interest, lost profits or revenue, bond or insurance costs, currency fluctuations, changes in taxes or other related claims, costs or damages, and all Compensable Delay costs associated with this change. #PM #CONTRACTOR
Docusign Envelope ID: 393344CF-76DD-8CF8-8228-78F02CE0C879 Senior Construction Manager
Jared Schultz
8/13/2026
CFO
Christos Skianis
8/19/2026
Olympos Construction, Inc.
City Architect
8/19/2026
Amelia Feichtner Alex Nazarchuk
8/19/2026
Acting Director of Public Works
Contracts Coordinator
Nicole Hurd
8/19/2026
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Packet Pg. 210 Attachment: Executed - Third Modification - Change Order #2 (7565 : 2800 Airport Ave Project Mod Olympos) 2800 Airport Ave.
11449 (CCS) Contract Number Change Order # 2
SP2686 Special Provisions Number
Contractor: Olympos
It is agreed that the Contract shall be changed as follows:
Item # Type of Changes Description of Changes Reason for Changes Cost Total amount requested for this Change Order: $801,100.00
1. Added Scope Electrical service infrastructure
upgrades and Southern California
Edison (SCE) coordination - PCO
#30.
SCE electrical service infrastructure serving the
building was deteriorating with insulation worn
within portions of the underground electrical
service conduits and conductors. Corrective
work includes replacement of underground
electrical conduits and conductors,
coordination with SCE, and installation of
upgraded electrical service infrastructure.
$415,538.00
2. Unforeseen Conditions Leak remediation and
waterproofing repairs - PCO #31.
Addressing new water intrusion issues
discovered after the 2025 rains. Work includes
sealing the cold joint and storefront areas at
Classroom 14's front entrance, and stopping
water leaks in the basement hallway by
injecting chemical grout through drill ports.
After all repairs are completed, necessary paint
touch-ups will be performed on affected walls
and ceilings.
$8,700.00
EXHIBIT A
If added scope or budget causes the contract to become Prevailing Wage (under SB7/SB854), a signed Prevailing Wage Job Acknowledgment Form must be attached to this contract modification. City staff must follow all DIR regulations regarding vendor registration.
If contract is already Prevailing Wage and new scope adds new or different job classifications from the original Prevailing Wage Job Acknowledgment Form, an updated Prevailing Wage Job Acknowledgment Form must be submitted with updated job classifications as part of this change order.
Exhibit A, Page 3 of 4
Docusign Envelope ID: 393344CF-76DD-8CF8-8228-78F02CE0C879
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Packet Pg. 211 Attachment: Executed - Third Modification - Change Order #2 (7565 : 2800 Airport Ave Project Mod Olympos) 2800 Airport Ave.
11449 (CCS) Contract Number Change Order # 2
SP2686 Special Provisions Number
Contractor: Olympos
It is agreed that the Contract shall be changed as follows:
Item # Type of Changes Description of Changes Reason for Changes Cost
EXHIBIT A
If added scope or budget causes the contract to become Prevailing Wage (under SB7/SB854), a signed Prevailing Wage Job Acknowledgment Form must be attached to this contract modification. City staff must follow all DIR regulations regarding vendor registration.
If contract is already Prevailing Wage and new scope adds new or different job classifications from the original Prevailing Wage Job Acknowledgment Form, an updated Prevailing Wage Job Acknowledgment Form must be submitted with updated job classifications as part of this change order.
3. Unforeseen Conditions Structural adjustments and
elevator shaft rework - PCO #31
and #32).
The floor removal for the elevator lift shaft
identified a 2-inch offset and misalignment of
the concrete walls. To meet the Elevator Lift
vendor requirements, saw-cutting, grinding,
and patching of the walls on both the second
floor and basement level are needed in order to
achieve plumb and level wall surfaces.
$36,700.00
4. Unforeseen Conditions Concrete remediation- Additional Concrete at Floor Drains - PCO 33.
Due to a sunken slab after floor-drain saw
cutting, work includes installing new dowels,
filling below-grade voids with concrete slurry,
and pouring new concrete where sections are
missing.
$9,500.00
5. Added Scope Deck Railing Installation - PCO 34. Work includes fabricating and installing a new deck railing made of 2-inch tube steel with base
plates, finishing with zinc primer and two coats
of paint to match existing railings, as well as
installing a 2x6 Trex bar-top counter.
$18,900.00
6. Added Scope Miscellaneous Facility Upgrades -
PCO# 35.
Several miscellaneous corrective and upgrading
tasks, including replacing warped steel doors,
installing new door closers, replacing windows,
adding conduit and CAT6 cabling for a relocated
phone line, applying waterproofing at entry
steps, adding circuit breakers and clearing
space in the electrical panel, removing an
unused meter panel, creating additional
concrete cores for HVAC ducts, and performing
skim-coating in the elevator shaft to meet code
requirements.
$311,762.00
Exhibit A, Page 3 of 4
Docusign Envelope ID: 393344CF-76DD-8CF8-8228-78F02CE0C879
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Packet Pg. 212 Attachment: Executed - Third Modification - Change Order #2 (7565 : 2800 Airport Ave Project Mod Olympos)
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CITY OF SANTA MONICA OAKS INITIATIVE DISCLOSURE FORM
Santa Monica®
In order to facilitate compliance with the requirements of the Oaks Initiative, the City compiles and maintains certain information. That information includes the name of any person or persons who is seeking a "public benefit." If the "public benefit" is sought by an entity, rather than an individual person, the information includes the name of every person who is: (a) trustee, (b) director, (c) partner, (d) officer, or has (e) more than a ten percent interest in the entity.
Public benefits include:
1. Personal services contracts in excess of $25,000 over any 12-month period;
2. Sale of material, equipment or supplies to the City in excess of $25,000 over a 12- month period;
3. Purchase, sale or lease of real property to or from the City in excess of$25,000 over a 12- month period;
4. Non-competitive franchise awards with gross revenue of $50,000 or more inany 12-month period;
5. Land use variance, special use permit, or other exception to an establishedland use plan, where the decision has a value in excess of $25,000;
6. Tax "abatement, exception, or benefit" of a value in excess of $5,000 in any 12- month period; or
7. Payment of "cash or specie" of a net value to the recipient of $10,000 in any 12- month period.
Name(s) of persons or entities receiving public benefit:
Olympos Construction Inc
Attachment: Olympos_Oaks_Initiative_Disclosure_Form (7565 : 2800 Airport Ave Project Mod Olympos) Name(s) of trustees, directors, partners, and officers:
Costas Hadjisavva - President
Christos Skianis - CFO
Name(s) of persons with more than a 10% equity, participation, or revenue interest:
Costas Hadjisavva - President
Christos Skianis - CFO
Prepared by: Costas Hadjisavva Title: President
Signature: Well Date: 2/24/26
Email: [email protected] Phone: 818-904-0662 FOR CITY USE ONLY:
Bid/PO/Contract # Permit#
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City of
Santa
Monica
CITY OF SANTA MONICA
CALIFORNIA LEVINE ACT DISCLOSURE
The Levine Act prohibits City Officers from participating in any action related to a contract, license, permit, or entitlement if such Officer received campaign contributions totaling more than $500 within the previous twelve months, and for twelve months following the date of a final decision, from a party or participant to the proceeding, or their agent.
Section 84308(a)(4) of the Levine Act defines an "Officer" as follows: "Officer" means any elected or appointed officer of an agency, any alternate to an elected or appointed officer of an agency, and any candidate for elective office in an agency. The term "Officer" is further defined 2 Cal.
Code Regs. Section 18438.1, which states:
An officer of an agency includes only those persons who make, participate in making, or [Revision 1] (7565: 2800 Airport Ave Project Mod Olympos) in any way attempt to use their official position to influence a decision in the license, permit, or entitlement for use proceeding, or who exercise authority or budgetary control over the agency or officers who may do so, and:
(1) Serve in an elected position, including an official appointed to an elected position due to an interim vacancy or an election otherwise canceled because the official was the sole candidate for the position;
(2) Serve as a member of a board or commission;
(3) Serve as the chief executive of a state agency, or county, city or district of any kind; or (4) Have decision making authority with respect to the proceeding involving a license, permit, or other entitlement for use and is also a candidate for elected office or has been a candidate for elective office in the 12 months prior to the proceeding.
A list of Santa Monica Elected Officials and members of boards and commissions can be found at the following links. The party making this certification is responsible for determining whether Disclosure_Form_2026 a recipient of a political contribution is a City Officer prior to completing this form. https://www.smgov.net/departments/council/
https://www.santamonica.gov/departments/rent-control
https://www.smgov.net/boards/
Have you, your company, or any agent on behalf of you or your company, made any political contributions of more than $500 to any City Officer in the twelve months preceding the date of the submission of your application or proposal? •YES NO
Name of Councilmember or City Officer: N/A Attachment: Olympos_Levine_Act_l Name of Contributor:
Date(s) of Contribution(s):
Amounts)
Please specify below and/or add additional sheets) to identify additional Councilmembers or City Officers to whom you and/or your agents made campaign contributions.
City of Santa Monica Levine Act Disclosure Form Packet Pg. 214
4.B.h
City of
Santa
Monica
Answering YES does not preclude the City of Santa Monica from awarding a contract, license, permit, or entitlement or taking any subsequent action related to the item. It does, however, preclude the identified City Officer from participating in any actions related to such item.
By signing below, you certify you also agree to disclose to the City any future contributions made to Councilmembers or other City Officers by you or your agents) after the date of signing this disclosure form, and within 12 months following the renewal, or extension of the requested contract, license, permit, or entitlement.
THEREBY CERTIFY UNDER PENALTY OF PERJURY UNDER THE LAWS OF THE STATE OF CALIFORNIA THAT THE FOREGOING IS TRUE AND CORRECT.
Signed: Date: 2/24/26
Costas Hadjisavva President
Print Name: _ Title:
Company: Olympos Construction Inc
Additional Disclosures:
Attachment: Olympos_Levine_Act_Disclosure_Form_2026 [Revision 1] (7565 : 2800 Airport Ave Project Mod Olympos) Please note this form is a public record and subject to a California Public Records Act request.
City of Santa Monica Levine Act Disclosure Form Packet Pg. 215
4.B.h
City of SANTA MONICA CITY ATTORNEY'S OFFICE
Santa
Monica
TO: Public
FROM: City Attorney's Office
RE: Levine Act Disclosure Form
The Levine Act (Government Code 84308) is a California law aimed at preventing "pay to play" practices by prohibiting parties, participants, and their agents in a proceeding involving a license, permit, or other entitlement from contributing more than $500 to an officer of the City during a 12-month period. The prohibition applies to any 12-month eriod while the proceeding is pending and for 12 months following the date a final decision is rendered in the proceeding.
State law requires a party to a proceeding to disclose any contributions exceeding an aggregate $500 that the party and their agents have made to an officer of the City within the preceding 12 months. The Disclosure Form is intended to assist City officials with recognizing when they have an obligation to disclose and recuse themselves, and to aid parties with their disclosure obligations.
1. To what sort of proceedings is the disclosure form applicable? Attachment: Olympos_Levine_Act_Disclosure_Form_2026 [Revision 1] (7565 : 2800 Airport Ave Project Mod Olympos) The Levine Act applies to all discretionary entitlements and contracts, with the exception of labor contracts, personal employment contracts, and contracts that must be awarded to the lowest responsive/responsible bidder. It does not apply to ministerial approvals.
For instance, the Levine Act applies to the following:
• Building and development permits
• Conditional use permits
• Contracts generally (unless an exception applies):
• Real property contracts for purchase, sale, lease
• Contract amendments
• Settlement agreements
• Contracts for goods, services, professional services that are not awarded pursuant to a competitive process
• Public street abandonments
• Private development plans
• Professional license revocations
• Rezoning of specific real estate parcels
• Event permits
• Rulemaking procedures affecting a particular industry where only a small number of businesses are affected
• Special district formation proceedings involving the creation of a special use or benefit to the person in the district
• Tentative subdivision and parcel maps
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4.B.h
• 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 Attachment: Olympos_Levine_Act_Disclosure_Form_2026 [Revision 1] (7565 : 2800 Airport Ave Project Mod Olympos) • 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 $250 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 Packet Pg. 217
4.B.h
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?
[Revision 1] (7565: 2800 Airport Ave Project Mod Olympos) 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 Attachment: Olympos_Levine_Act_Disclosure_Form_2026
Packet Pg. 218
City Council
Report
City Council Meeting: October 27, 2026
Agenda Item: 4.C
1 of 6
To: Mayor and City Council
From: Feroz Merchhiya, Chief Information Officer, Information Services Department Christopher Dishlip, Director of Public Works, Public Works Department Subject: Approval of Agreement with Centricity GIS, Inc. for Implementation of the Trimble Unity Maintain Elite System, a Computerized Maintenance Management System, for the Information Services Department Recommended Action
Staff recommends that the City Council:
1. Adopt a finding of no possibility of significant effect pursuant to Section 15061(b)(3) (Common Sense Exemption) of the California Environmental Quality Act (CEQA) Guidelines; and
2. Authorize the City Manager to execute an agreement with Centricity GIS, Inc. (Centricity) for the full platform implementation of the Trimble Unity Maintain Elite system for the Information Services Department (ISD). This recommended award is made as an exception to the competitive bidding process pursuant to the City’s Procurement Policy and is for a total amount not to exceed $407,629 with future year funding contingent on Council budget approval.
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Summary
The City implemented its current computerized maintenance management system, Maintenance Connection, in 2008 following a competitive procurement process. The system was implemented to improve the City's ability to manage maintenance requests, work orders, repairs, inspections, assets, and related maintenance information. Over the years, the system has become an integral component of the City's maintenance operations and has supported the management and tracking of maintenance activities and historical asset information.
After nearly two decades of use, the City is transitioning from Maintenance Connection to Trimble Unity Maintain Elite, a cloud-hosted, GIS-centric platform designed to provide integrated asset management, work order and service request management, inspections, workflows, and mobile field operations.
Centricity GIS, Inc. will provide services including discovery and requirements gathering, system configuration, workflow design, data migration, GIS integration, staff training, go-live support, and post-go-live stabilization. The term of the requested agreement will be for one year, with one optional one-year renewal at the City’s discretion. The implementation will also include migration of historical information from the City's existing Maintenance Connection system into Trimble Unity Maintain to preserve access to critical maintenance history.
Discussion
The City currently utilizes Maintenance Connection as its primary computerized maintenance management system (CMMS) to support maintenance operations across multiple departments. The system provides a centralized environment for managing work orders, asset histories, preventive maintenance schedules, inspections, and service requests. While Maintenance Connection has supported the City’s day-to-day maintenance activities, the City’s operational and technology needs have evolved, creating a need for enhanced system integration, data management, geographic information system (GIS) capabilities, mobile functionality, workflow management, and overall usability.
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To address these evolving needs, the City is pursuing modernization of its CMMS environment through the implementation of Trimble Unity Maintain Elite. Developed and owned by Trimble Inc., Trimble Unity Maintain Elite is a GIS-centric CMMS designed to support both day-to-day maintenance operations and broader asset management activities. The platform provides capabilities for centralized asset inventory and condition tracking, work order and service request management, preventive maintenance, mobile field data collection, real-time status updates, GIS-based workflows and spatial analysis, and secure cloud hosting.
Centricity GIS, Inc. will deliver an implementation package within Trimble's CMMS platform, consisting of discovery and requirements gathering, data migration, workflow design, system configuration, GIS integration, staff training, go live support, and post go live stabilization. Their involvement ensures the solution aligns with City business processes, industry best practices, and long-term operational goals.
Centricity will also perform comprehensive migration services for historical data from the City’s current CMMS, Maintenance Connection, to Trimble Unity Maintain. The migration will be carefully planned and executed to preserve the integrity, accuracy, and usability of the City’s historical maintenance records. This will ensure that critical historical information, including service requests, work orders, asset and maintenance history, inspection records, photos, documents, and other associated attachments, is retained and readily accessible within Trimble Unity Maintain.
The completed migration will provide City staff with seamless access to historical maintenance information within the new CMMS, allowing users to reference prior service activities, work order history, supporting documentation, and photographic records without having to maintain or routinely access the legacy Maintenance Connection system. This approach will support continuity of operations, improve historical visibility, and provide the City with a consolidated source of maintenance information within Trimble Unity Maintain.
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Implementing a unified CMMS will streamline maintenance operations, reduce administrative burden, improve data quality, and enhance responsiveness to community needs. The solution also enables better capital planning, lifecycle management, and interdepartmental coordination.
The City is leveraging a competitively procured agreement with Centricity GIS, Inc. that was originally established by the City of Lincoln following a formal solicitation conducted using procedures equivalent to the City of Santa Monica’s procurement requirements.
Lincoln’s solicitation generated thirteen (13) proposals, six (6) of which were shortlisted for demonstrations. As part of their evaluation, the City of Lincoln conducted a comprehensive review of available CMMS solutions in the market, comparing functionality, GIS integration, usability, and vendor qualifications. Through that competitive process, the City of Lincoln selected Centricity GIS, Inc. as the most qualified vendor offering the best combination of experience, technical competence, and pricing for a modern, GIS‑centric CMMS platform. Because the services being procured by the City of Santa Monica are substantially similar to those included in the original solicitation, and because the City is able to obtain them at the same or better pricing scaled to align to Santa Monica’s scope, the use of this contract meets the criteria for an exception to competitive bidding under the City’s Procurement Policy (ECB #523).
Vendor Selection
Exception to Competitive Bidding
Staff recommends Centricity GIS, Inc. to furnish and deliver professional services to implement and deploy Trimble Unity Maintain Elite as an exception to competitive bidding pursuant to the City’s Procurement Policy, per the Procurement approved ECB# 523.
c. Competitive procedures were followed by a governmental agency, including a federal, state, county, city, joint powers agency, special district, or cooperative purchasing agency consisting of one or more such agencies, that are equivalent to the procedures set forth in this Chapter, and the goods or services are both: (1) identical the same or substantially similar; and (2) supplied to the City at the same or better price as the price obtained by that agency;
Environmental Review
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The proposed recommendation to authorize agreements with Centricity GIS, Inc. are exempt from the provisions of the California Environmental Quality Act (CEQA) pursuant to Section 15061(b)(3) of the CEQA Guidelines (Common Sense Exemption).
The proposed action involves SaaS services and technology implementation and does not involve any physical expansion or construction activity. It can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment. Therefore, no further environmental review under CEQA is required.
Financial Impact and Budget Actions
Staff seeks authority to approve available funding from the General Fund and the Airport Fund to award an agreement with Centricity GIS, Inc., for the implementation of a Trimble CMMS platform.
Agreement Request
Funding
Source
FY 2026-27
Request Amount
Future Years
Amount
Account # Total Contract
Amount
General Fund $307,629 C0108910.689000 $307,629
Airport Fund $45,000 57500002.529190 $45,000
General Fund $34,500 01500039.552010 $34,500
Airport Fund
(Contingency) $11,604 57500002.529190 $11,604
General Fund
(Contingency) $8,896 01500039.552010 $8,896
$307,629 $100,000 $407,629
Future year funding is contingent on Council budget approval.
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Prepared By: Prasanna Joshi, Enterprise Architect & Digital Development Manager
Approved Forwarded to Council
Attachments:
A. Centricity_GIS_Oaks_Initiative_Disclosure_SIGNED
B. Centricity_GIS_Levine_Act_Disclosure_SIGNED
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CITY OF SANTA MONICA
OAKS INITIATIVE NOTICE
NOTICE TO APPLICANTS, BIDDERS, PROPOSERS
AND OTHERS SEEKING DISCRETIONARY PERMITS, CONTRACTS,
OR OTHER BENEFITS FROM THE CITY OF SANTA MONICA
Santa Monica’s voters adopted a City Charter amendment commonly known as the Oaks Initiative. The Oaks Initiative requires the City to provide this notice and information about the Initiative’s requirements. You may obtain a full copy of the Initiative’s text from the City Clerk.
This information is required by City Charter Article XXII—Taxpayer Protection.
It prohibits a public official from receiving, and a person or entity from conferring, specified personal benefits or campaign advantages from a person or entity after theofficial votes, or otherwise takes official action, to award a “public benefit” to that person or entity. The prohibition applies within and outside of the geographical boundaries of SantaMonica.
All persons or entities applying or receiving public benefits from the City of Santa Monica shall provide the names of trustees, directors, partners, and officers, and names of persons with more than a 10% equity, participation or revenue interest. An exception exists for persons serving in those capacities as volunteers, without compensation, for organizations exempt from income taxes under Section 501(c)(3), (4), or (6), of the Internal Revenue Code. However, this exception does not apply if the organization is a political committee or controls political committees.
Examples of a “public benefit” include public contracts to provide goods or services worth more than $25,000 or a land use approval worth more than $25,000 over a 12- month period.
In order to facilitate compliance with the requirements of the Oaks Initiative, theCity compiles and maintains certain information. That information includes the name of any personorpersons whois seeking a “publicbenefit.” If the“public benefit” is sought by an entity, ratherthan an individual person, the information includes the nameof everyperson who is: (a) trustee, (b) director, (c) partner, (d) officer, or has (e) more than a ten percent interest in the entity. Therefore, if you are seeking a “public benefit” covered by the Oaks Initiative, you must supply that information on the Oaks Initiative Disclosure Form. This information must be updated and supplied every 12 months.
4.C.a
Packet Pg. 225 Attachment: Centricity_GIS_Oaks_Initiative_Disclosure_SIGNED (7812 : Approval of Agreement with Centricity GIS to implementTrimble
CITY OF SANTA MONICA
OAKS INITIATIVE DISCLOSURE FORM
In order to facilitate compliance with the requirements of the Oaks Initiative, the City compiles and maintains certain information. That information includes the name of any person or persons who is seeking a “public benefit.” If the “public benefit” is sought by an entity, rather than an individual person, the information includes the name of every person who is: (a) trustee, (b) director, (c) partner, (d) officer, or has (e) more than a ten percent interest in the entity.
Public benefits include:
1. Personal services contracts in excess of $25,000 over any 12-monthperiod;
2. Sale of material, equipment or supplies to the City in excess of $25,000 over a 12- month period;
3. Purchase, sale or lease of real property to or from the City in excess of $25,000 over a 12- month period;
4. Non-competitive franchise awards with gross revenue of $50,000 or more inany 12-month period;
5. Land use variance, special use permit, or other exception to an established land use plan, where the decision has a value in excess of $25,000;
6. Tax “abatement, exception, or benefit” of a value in excess of $5,000 in any 12- month period; or
7. Payment of “cash or specie” of a net value to the recipient of $10,000 in any 12- month period.
Name(s) of persons or entities receiving public benefit:
Name(s) of trustees, directors, partners, and officers:
Name(s) of persons with more than a 10% equity, participation, or revenue interest:
Prepared by: Title:
Signature: Date:
Email: Phone:
Permit #
FOR CITY USE ONLY:
Bid/PO/Contract #
Brandon Wright President
09/28/2026
[email protected] 801-376-8160
Centricity GIS, LLC
Brandon Wright (36.3%); Lydia M. Wright (37.7%); Ritch Wood (26%) Brandon Wright, President
4.C.a
Packet Pg. 226 Attachment: Centricity_GIS_Oaks_Initiative_Disclosure_SIGNED (7812 : Approval of Agreement with Centricity GIS to implementTrimble City of Santa Monica Levine Act Disclosure Form
CITY OF SANTA MONICA
CALIFORNIA LEVINE ACT DISCLOSURE
The Levine Act prohibits City Officers from participating in any action related to a contract, license, permit, or entitlement if such Officer received campaign contributions totaling more than $500 within the previous twelve months, and for twelve months following the date of a final decision, from a party or participant to the proceeding, or their agent.
Section 84308(a)(4) of the Levine Act defines an "Officer" as follows: “Officer” means any elected or appointed officer of an agency, any alternate to an elected or appointed officer of an agency, and any candidate for elective office in an agency. The term “Officer” is further defined 2 Cal.
Code Regs. Section 18438.1, which states:
An officer of an agency includes only those persons who make, participate in making, or in any way attempt to use their official position to influence a decision in the license, permit, or entitlement for use proceeding, or who exercise authority or budgetary control over the agency or officers who may do so, and:
(1) Serve in an elected position, including an official appointed to an elected position due to an interim vacancy or an election otherwise canceled because the official was the sole candidate for the position;
(2) Serve as a member of a board or commission;
(3) Serve as the chief executive of a state agency, or county, city or district of any kind; or (4) Have decision making authority with respect to the proceeding involving a license, permit, or other entitlement for use and is also a candidate for elected office or has been a candidate for elective office in the 12 months prior to the proceeding.
A list of Santa Monica Elected Officials and members of boards and commissions can be found at the following links. The party making this certification is responsible for determining whether a recipient of a political contribution is a City Officer prior to completing this form. https://www.smgov.net/departments/council/
https://www.santamonica.gov/departments/rent-control
https://www.smgov.net/boards/
Have you, your company, or any agent on behalf of you or your company, made any political contributions of more than $500 to any City Officer in the twelve months preceding the date of the submission of your application or proposal? ____YES ____ NO
Name of Councilmember or City Officer: _________________________________ Name of Contributor: _________________________________________________ Date(s) of Contribution(s): ____________________________________________ Amount(s) ________________________________________________________ Please specify below and/or add additional sheet(s) to identify additional Councilmembers or City Officers to whom you and/or your agents made campaign contributions.
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Packet Pg. 227 Attachment: Centricity_GIS_Levine_Act_Disclosure_SIGNED (7812 : Approval of Agreement with Centricity GIS to implementTrimble System) City of Santa Monica Levine Act Disclosure Form
Answering YES does not preclude the City of Santa Monica from awarding a contract, license, permit, or entitlement or taking any subsequent action related to the item. It does, however, preclude the identified City Officer from participating in any actions related to such item.
By signing below, you certify you also agree to disclose to the City any future contributions made to Councilmembers or other City Officers by you or your agent(s) after the date of signing this disclosure form, and within 12 months following the approval, renewal, or extension of the requested contract, license, permit, or entitlement.
I HEREBY CERTIFY UNDER PENALTY OF PERJURY UNDER THE LAWS OF THE STATE OF CALIFORNIATHAT THE FOREGOING IS TRUEAND CORRECT.
Signed: ____________________________ Date: ____________________ Print Name: _________________________ Title: _____________________ Company: __________________________
Additional Disclosures:
Please note this form is a public record and subject to a California Public Records Act request. 09/28/2026
Brandon Wright President
Centricity GIS, LLC
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Packet Pg. 228 Attachment: Centricity_GIS_Levine_Act_Disclosure_SIGNED (7812 : Approval of Agreement with Centricity GIS to implementTrimble System) SANTA MONICA CITY ATTORNEY’S OFFICE
TO: Public
FROM: City Attorney’s Office
RE: Levine Act Disclosure Form
The Levine Act (Government Code 84308) is a California law aimed at preventing “pay to play” practices by prohibiting parties, participants, and their agents in a proceeding involving a license, permit, or other entitlement from contributing more than $500 to an officer of the City during a 12-month period. The prohibition applies to any 12-month period while the proceeding is pending and for 12 months following the date a final decision is rendered in the proceeding.
State law requires a party to a proceeding to disclose any contributions exceeding an aggregate $500 that the party and their agents have made to an officer of the City within the preceding 12 months. The Disclosure Form is intended to assist City officials with recognizing when they have an obligation to disclose and recuse themselves, and to aid parties with their disclosure obligations.
1. To what sort of proceedings is the disclosure form applicable? The Levine Act applies to all discretionary entitlements and contracts, with the exception of labor contracts, personal employment contracts, and contracts that must be awarded to the lowest responsive/responsible bidder. It does not apply to ministerial approvals.
For instance, the Levine Act applies to the following:
• Building and development permits
• Conditional use permits
• Contracts generally (unless an exception applies):
o Real property contracts for purchase, sale, lease
o Contract amendments
o Settlement agreements
o Contracts for goods, services, professional services that are not awarded pursuant to a competitive process
• Public street abandonments
• Private development plans
• Professional license revocations
• Rezoning of specific real estate parcels
• Event permits
• Rulemaking procedures affecting a particular industry where only a small number of businesses are affected
• Special district formation proceedings involving the creation of a special use or benefit to the person in the district
• Tentative subdivision and parcel maps
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Packet Pg. 229 Attachment: Centricity_GIS_Levine_Act_Disclosure_SIGNED (7812 : Approval of Agreement with Centricity GIS to implementTrimble System)
• Zoning variances
• Vacation of a public easement across private property • Pre-applications, such as for General Plan Amendment, considered by the legislative body prior to filing of formal application
• Contracts entered under the City Manager’s Authority
• Closed session items that may result in a contract/settlement agreement approved by Council (real estate or litigation)
It does not apply to:
• Contracts under $50,000
• Contracts where no party receives financial compensation • Contracts between two or more public agencies
• Competitively bid contracts that are required by law, agency policy, or agency rule to be awarded pursuant to a competitive process
• Purely ministerial decisions
• General policy decisions or rules where the interests affected are many and diverse
• Ordinances and resolutions (except items like development agreements adopted by ordinance)
• Ballot measures
• Departmental policies
• Council rules
• Labor contracts and project labor agreements
• Personal employment contracts
• Allocation of resources in the City budget
2. Who is required to disclose?
A “party” to a proceeding is any person who files an application for, or is the subject of, a proceeding. In general, a person or company who applies for a permit, license, or right to use property in a particular way, which requires the City’s discretionary approval, will qualify as a party.
Parties are also required to disclose contributions by their agents. An “agent” is someone who (1) represents a party to a proceeding for compensation; and (2) appears before or otherwise communicates with the City for the purpose of influencing the pending proceeding. This can include law firms, architects, engineers, consultants, and similar entities. Both the individual and their employer or firm are considered “agents.” A party should also disclose contributions of other entities majority owned by the party, as well as contributions of any other entity whose contributions it directs or controls.
3. What must be disclosed?
A party must disclose campaign contributions over $500 made in the prior twelve months.
A “contribution” is anything of value for which the party has not received full consideration, including money, nonmonetary items, payments made for advertising or
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Packet Pg. 230 Attachment: Centricity_GIS_Levine_Act_Disclosure_SIGNED (7812 : Approval of Agreement with Centricity GIS to implementTrimble System)
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. 231 Attachment: Centricity_GIS_Levine_Act_Disclosure_SIGNED (7812 : Approval of Agreement with Centricity GIS to implementTrimble System) City Council
Report
City Council Meeting: October 27, 2026
Agenda Item: 4.D
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To: Mayor and City Council
From: Christopher Dishlip, Director of Public Works, Water Resources Division Subject: Introduction and First Reading of Ordinance Adding Santa Monica Municipal Code Section 7.16.025 to Prohibit Potable Water Use for Nonfunctional Turf Irrigation in Compliance with AB 1572
Recommended Action
Staff recommends that the City Council:
1. Adopt a finding of Categorical Exemption pursuant to Section 15301 (Minor Alteration or Operational Change to Landscaping), Section 15307 (Actions by Regulatory Agencies for Protection of Natural Resources) and 15308 (Actions by Regulatory Agencies for Protection of the Environment) and a finding of no possibility of significant impact pursuant to Section 15061(b)(3) (Common Sense Exemption) of the California Environmental Quality Act (CEQA) Guidelines; and
2. Introduce for first reading the attached ordinance creating Santa Monica Municipal Code Section 7.16.025, Prohibition on Use of Potable Water to Irrigate Nonfunctional Turf, to prohibit potable water irrigation of nonfunctional turf as required by AB 1572.
Summary
California Assembly Bill 1572 (AB 1572) requires public water systems to prohibit the use of potable water to irrigate nonfunctional turf (NFT) on commercial, industrial, and institutional (CII) properties, homeowners' associations (HOAs), common interest developments (CIDs), and community service organizations. Signed into law on October 13, 2023, AB 1572 is incorporated into California Water Code section 10608.14.
To comply with AB 1572 and the California Water Code section 10608.14, public water suppliers must revise their ordinances, regulations, or policies by January 1, 2027, to
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prohibit the use of potable water to irrigate NFT and communicate these new requirements to their customers. Failure to comply could result in regulatory penalties.
The attached ordinance creates Santa Monica Municipal Code (SMMC) Section
7.16.025, Prohibition on Use of Potable Water to Irrigate Nonfunctional Turf, to prohibit potable water irrigation of NFT in compliance with AB 1572. Adoption of the ordinance would also support and strengthen the City’s ongoing water conservation efforts to reduce the City’s reliance on imported water supplies.
Discussion
Water conservation has long been a critical priority in the City of Santa Monica (City), driven by recurring droughts, the impacts of climate change on the City’s water supply, and the need to reduce the City’s reliance on imported water supplies. Investing in and increasing water conservation efforts across the City was one of three key components outlined in the City’s 2018 Sustainable Water Master Plan to reduce the City’s reliance on imported water supplies. Over the past two decades, California has enacted several landmark legislations and policies to reduce water consumption and ensure sustainable water management across the state. Among these is Assembly Bill 1572 (AB 1572), signed into law by Governor Gavin Newsom on October 13, 2023. AB 1572 builds on prior conservation efforts, including the Making Conservation a California Way of Life initiative established under Senate Bill 606 and Assembly Bill 1668 in 2018.
AB 1572 specifically addresses the use of potable water to irrigate NFT, which is generally considered an inefficient use of drinking water. Eliminating potable water irrigation of NFT supports the state’s efforts to reduce urban water demand, preserve critical water supplies, and address the impacts of climate change on California’s water resources.
NFT refers to decorative grass areas that do not serve a recreational or community purpose, such as turf in street medians, business parks, or office landscapes. Certain turf areas are exempt from the definition of NFT, including parks, sports fields,
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cemeteries, parkways with pedestrian traffic, turf irrigated with recycled water, and turf where irrigation is necessary to maintain the health of trees.
AB 1572 applies to CII properties, as well as common areas in HOAs, CIDs, and community service organizations. The law does not apply to single-family residences or apartment buildings not governed by an HOA.
AB 1572 establishes a phased statewide prohibition on the use of potable water to irrigate NFT:
• January 1, 2027: Applies to properties owned by local governments, local or regional public agencies, and public water systems.
• January 1, 2028: Extends to all other CII properties, including those in disadvantaged communities.
• January 1, 2029: Applies to common areas of HOAs, CIDs, and community service organizations.
• January 1, 2031: Extends to public properties in disadvantaged communities, contingent on the availability of state funding for turf conversion programs.
In addition to prohibiting potable water irrigation of NFT, AB 1572 requires public water agencies to update their local ordinances, regulations, or policies by January 1, 2027, and notify customers of the requirements.
Accordingly, staff is proposing the attached ordinance to create SMMC 7.16.025 to prohibit the use of potable water to irrigate nonfunctional turf. Adoption of the ordinance is necessary for the City to comply with AB 1572 and avoid potential penalties. The ordinance would also enhance the City’s water conservation efforts to protect the local water supply while supporting the long-term sustainability of the state’s water resources.
Public Outreach and Support
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Water Resources has initiated the following actions to support customer compliance with AB 1572:
• Outreach: Staff is working with the Santa Monica-Malibu Unified School District (SMMUSD) and Santa Monica College (SMC) to help them understand AB 1572 and how it applies to their facilities. Outreach to CII and HOA customers would provide information about AB 1572 requirements and compliance through social media, email, mailers, local newspaper publications, bill notifications, and presentations to neighborhood associations, the Santa Monica Chamber of Commerce, and Downtown Santa Monica (DTSM).
• Turf Replacement Rebates: The City’s Cash for Grass rebate was recently increased from $3.50 to $5.00 per square foot of turf grass that is removed and replaced with sustainable landscaping, such as low-water-using plants on drip irrigation. The maximum rebate per customer account was also increased from $10,000 to $50,000. These enhanced rebate amounts provide an additional incentive for customers to remove NFT.
• Landscape Surveys — One Acre or More: As a member agency of the Metropolitan Water District (MWD), Santa Monica offers CII and HOA customers with more than one acre of landscaped area access to MWD’s free landscape survey program. These surveys can help customers identify NFT and provide recommendations for its removal.
• Landscape Surveys — Less Than One Acre: A request for proposals (RFP) would soon be released for a professional vendor to conduct landscape surveys of properties with less than one acre of landscaped area. The surveys would help customers identify NFT and provide recommendations for its removal. • NFT Website: The California Water Efficiency Partnership (CalWEP), a nonprofit network and support organization of which the City is a member, provides customers with free educational and support materials on NFT, AB 1572, and compliance through its website, www.nonfunctionalturfca.org.
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• City Staff Support: The water conservation and administrative staff in the Water Resources Division are available to answer customer questions about NFT and provide guidance on complying with AB 1572.
City-Owned Landscape Compliance
Water Resources and Public Landscape Division staff are surveying all City-owned properties with landscaped areas to identify NFT and determine the actions needed to comply with AB 1572. As required by AB 1572, all potable water irrigation of NFT on City-owned properties will be eliminated by January 1, 2027.
Impact on Water Demand
Initial estimates indicate approximately 650,000 square feet of NFT is present at CII and HOA properties served by the City. Replacing this NFT with sustainable landscaping could reduce the City’s overall water demand by approximately 65 acre-feet per year (or roughly 21 million gallons per year). However, these water savings would not be fully realized until after 2029, when all CII and HOA customers are required to comply with AB 1572.
Environmental Review
Staff has performed a preliminary environmental assessment of this project and has determined that it falls within the categorical exemption set forth in Section 15301 (minor alteration or operational change of existing landscaping/irrigation systems without expanding its use), Section 15307 (Actions by Regulatory Agencies for Protection of Natural Resources), Section 15308 (Actions by Regulatory Agencies for Protection of the Environment), and Section 15061(b)(3) of the CEQA Guidelines. The proposed ordinance implements State mandates to restrict the use of drinking water for nonfunctional turf, which promotes water conservation and, in turn, protection of natural resources and the environment. It can also be seen with certainty that the adoption of the ordinance will not have a significant adverse effect on the environment.
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Furthermore, staff has determined that none of the exceptions to categorical exemptions set forth in the CEQA Guidelines, section 15300.2 apply to this project.
Past Council Actions
Meeting Date Description
1/27/2015
(Attachment A)
Adoption of an Ordinance modifying SMMC 7.16 to enhance water conservation regulations (Water Shortage Response Plan)
5/23/2017
(Attachment B)
Adoption of an Ordinance modifying SMMC 7.16 to enhance water conservation regulations (Water Neutrality)
11/27/2018
(Attachment C)
Sustainable Water Master Plan Update and Pathway to Water Self-Sufficiency
6/14/2022
(Attachment D)
Adoption of an Ordinance modifying SMMC 7.16 to enhance water conservation regulations (outdoor watering restrictions).
Financial Impacts and Budget Actions
There is no immediate fiscal impact or budget action necessary as a result of the recommended action. The ordinance itself fulfills the state-mandated requirement to prohibit the use of potable water to irrigate nonfunctional turf (NFT) and aligns with AB 1572 and Water Code § 10608.14.
However, the City may incur future costs associated with supporting compliance with AB 1572, including increased rebate payments, removal of NFT from City-owned properties, and public outreach and education. Any future funding requests will be brought to City Council for consideration and approval through the City’s standard budget and financial review processes.
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Prepared By: Sunny Wang, Water Resources Manager
Approved Forwarded to Council
Attachments:
A. January 27, 2015 Staff Report (web link)
B. May 23, 2017 Staff Report (web link)
C. November 27, 2018 Staff Report (web link)
D. June 14, 2022 Staff Report (web link)
E. ORD - Prohibiting Potable Water for Nonfunctional Turf Irrigation 10.27.26
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1 City Council Meeting: October 27, 2026 Santa Monica, California ORDINANCE NUMBER_______ (CCS)
(City Council Series)
AN ORDINANCE OF THE COUNCIL OF THE CITY OF SANTA MONICA CREATING SANTA MONICA MUNICIPAL CODE SECTION 7.16.025 TO PROHIBIT THE USE OF
POTABLE WATER TO IRRIGATE NONFUNCTIONAL TURF
WHEREAS, water conservation has long been a critical priority in the City of Santa Monica (City), driven by recurring droughts, the impacts of climate change on the City’s water supply, and the need to reduce the City’s reliance on imported water supplies; and WHEREAS, Santa Monica Municipal Code Chapter 7.16, Water Conservation, implements the City’s water conservation efforts, recognizing that a water conservation plan is necessary to minimize the effect of the shortage of water within the City of Santa Monica by significantly reducing the long and short term consumption of water, thereby preserving available water for the future requirements of the City, while minimizing the hardship caused to the general public to the greatest extent possible; and WHEREAS, investing in and increasing water conservation efforts across the City was one of three key components outlined in the City’s 2018 Sustainable Water Master Plan to reduce the City’s reliance on imported water supplies; and WHEREAS, California has enacted several pieces of landmark legislation and policies to reduce water consumption and ensure sustainable water management across the state; and
WHEREAS, among these is Assembly Bill 1572 (AB 1572), signed into law by Governor Gavin Newsom on October 13, 2023; and
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Packet Pg. 239 Attachment: ORD - Prohibiting Potable Water for Nonfunctional Turf Irrigation 10.27.26 [Revision 4] (7852 : First Reading Ordinance Prohibiting 2 WHEREAS, AB 1572 specifically addresses the use of potable water to irrigate nonfunctional turf (NFT), which is generally considered an inefficient use of drinking water, and eliminating potable water irrigation of NFT supports the state’s efforts to reduce urban water demand, preserve critical water supplies, and address the impacts of climate change on California’s water resources; and
WHEREAS, AB 1572 requires public water systems to prohibit the use of potable water to irrigate NFT on commercial, industrial, and institutional (CII) properties, homeowners' associations (HOAs), common interest developments (CIDs), and community service organizations.; and
WHEREAS, AB 1572 establishes a phased statewide prohibition on the use of potable water to irrigate NFT; and
WHEREAS, to comply with AB 1572 public water suppliers must revise their ordinances, regulations, or policies by January 1, 2027, to prohibit the use of potable water to irrigate NFT and communicate these new requirements to their customers; and WHEREAS, amending the Santa Monica Municipal Code for consistency with AB 1572 further supports and strengthens the City’s ongoing water conservation efforts to reduce the City’s reliance on imported water supplies.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SANTA MONICA DOES HEREBY ORDAIN AS FOLLOWS:
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Packet Pg. 240 Attachment: ORD - Prohibiting Potable Water for Nonfunctional Turf Irrigation 10.27.26 [Revision 4] (7852 : First Reading Ordinance Prohibiting 3 SECTION 1. Santa Monica Municipal Code Section 7.16.025 is hereby added and shall read as follows:
7.15.025 Prohibition on Use of Potable Water to Irrigate Nonfunctional Turf.
A. Definitions. The following words and phrases shall have the following meanings for purposes of this Section:
1. “Common area” means that portion of a common interest development or of a property owned or managed by a homeowners’ association or a community service organization or similar entity that is not assigned or allocated to the exclusive use of the occupants of an individual unit within the property.
2. “Common interest development” includes: a community apartment project; a condominium project; a planned development; a stock cooperative.
3. “Community space” means an area designated by a property owner or a governmental agency to accommodate human foot traffic for civic, ceremonial, or other community events or social gatherings.
4. “Functional turf” means a ground cover surface of turf located in a recreational use area or community space. Turf enclosed by fencing or other barriers to permanently preclude human access for recreation or assembly is not functional turf.
5. “Homeowners’ association” means a nonprofit corporation or unincorporated association created for the purpose of managing a common interest development.
6. “Nonfunctional turf” means any turf that is not functional turf, and includes turf located within street rights-of-way and parking lots.
7. “Potable water” means water that is suitable for human consumption.
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Packet Pg. 241 Attachment: ORD - Prohibiting Potable Water for Nonfunctional Turf Irrigation 10.27.26 [Revision 4] (7852 : First Reading Ordinance Prohibiting 4 8. “Recreational use area” means an area designated by a property owner or a governmental agency to accommodate human foot traffic for recreation, including, but not limited to, sports fields, golf courses, playgrounds, picnic grounds, or pet exercise areas. This recreation may be either formal or informal.
B. Prohibitions. Subject to the exceptions listed in subsection C, below, no person shall use potable water to irrigate nonfunctional turf on:
1. Publicly owned landscapes after January 1, 2027.
2. Commercial, industrial and institutional owned landscapes after January 1, 2028.
3. Homeowners’ associations common area landscapes after January 1, 2029.
C. Exemptions. The following uses of potable water shall be exempt from this prohibition:
1. Irrigation of:
a. Public spaces intended for community assembly, including, but not limited to, parks, recreational areas, and sports fields b. Cemeteries.
c. Trees and perennial non-turf plants, to the extent necessary to sustain such trees and perennial non-turf plants.
2. Potable water use required for health and safety concerns, such as fire suppression or erosion control.
3. Agricultural irrigation.
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Packet Pg. 242 Attachment: ORD - Prohibiting Potable Water for Nonfunctional Turf Irrigation 10.27.26 [Revision 4] (7852 : First Reading Ordinance Prohibiting 5 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.
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 on January 1, 2027.
APPROVED AS TO FORM:
_________________________
HEIDI VON TONGELN
City Attorney
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Packet Pg. 243 Attachment: ORD - Prohibiting Potable Water for Nonfunctional Turf Irrigation 10.27.26 [Revision 4] (7852 : First Reading Ordinance Prohibiting City Council
Report
City Council Meeting: October 27, 2026
Agenda Item: 4.E
1 of 6
To: Mayor and City Council
From: Oscar Santiago, Director, Finance Department, Risk Management Subject: Award RFP #466 to and Authorize the City Manager to Enter into Agreements with Accredited Rehabilitation Consultants, Inc., and O2X Human Performance, LLC for Workplace Injury Prevention and Ergonomic Services for the Finance Department
Recommended Action
Staff recommends that the City Council:
1. Adopt a finding of no possibility of significant effect pursuant to Section 15061(b)(3) (Common Sense Exemption) of the California Environmental Quality Act (CEQA) Guidelines;
2. Award RFP# 466 to Accredited Rehabilitation Consultants Inc., and O2X Human Performance LLC for Workplace Injury Prevention and Ergonomic Services for the Finance Department;
3. Authorize the City Manager to enter into an agreement with Accredited Rehabilitation Consultants Inc., for a total amount not to exceed $636,872 over a 5-year period, with future year funding contingent on Council budget approval; and
4. Authorize the City Manager to enter into an agreement with O2X Human Performance LLC, for a total amount not to exceed $850,690 over a 5-year period, with future year funding contingent on Council budget approval.
Summary
Staff recently solicited proposals for workplace injury prevention services to satisfy Cal/OSHA ergonomic regulations and City safety policies. These services are critical to Risk Management’s efforts to keep employees safe and prevent on-the-job injuries.
Staff recommends the City award RFP #466 to Accredited Rehabilitation Consultants Inc. and O2X Human Performance LLC to provide extensive professional ergonomic
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services to the City’s workforce. If approved, the two contracts would total $146,100 for FY 2026-27 ($62,550 for Accredited Rehabilitation Consultants, Inc., and $83,550 for O2X Human Performance, LLC. Further, over the five-year life of the two agreements, the total not to exceed contract amounts would be $636,872 for Accredited Rehabilitation Consultants Inc., and $850,690 for O2X Human Performance LLC. Based on the City’s average workers’ compensation claim cost, the annual investment in these proactive prevention services would be fully offset by avoiding just five to six injuries per year, a modest threshold given the firms’ demonstrated success in reducing ergonomic‑related injuries in comparable workplace environments. By intervening early to prevent injuries rather than absorbing the significantly higher costs of post‑incident claims, treatment, lost time, and productivity impacts, this approach yields a strong and measurable return on investment for the City.
Discussion
The City’s Safety Administrator is responsible for coordinating the City’s Safety Program and providing departments with tools and assistance to comply with various safety regulations and policies. One of these State regulations is the California Ergonomics Standard, which is triggered when two or more employees report work-related Repetitive Motion Injuries (RMIs) to the employer in a 12-month period. RMIs occur when employees repeatedly perform tasks such as lifting, gripping, pushing, and typing.
These types of injuries can be found in both office and field-oriented work environments.
During FY 2025-26, based on the injury description, 91 City employees reported RMIs.
Every employer subject to the California Ergonomics Standard is required to have a program designed to minimize RMIs. The program must include the following three components: 1) worksite evaluations to determine exposures that have caused RMIs; 2) control of these exposures by either correcting them or if not possible, minimizing them; and 3) training of employees exposed to RMIs in the workplace. Due to the specialized technical knowledge required, the City has historically used professional ergonomic consultants to provide workplace injury prevention services to ensure its compliance with the Standard. The most utilized services are ergonomic evaluations, risk assessments, early intervention screenings, one-on-one job coaching, and group
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trainings. Since the mid-2000s, the City has used contracted professional ergonomic service providers to support these services.
The use of professional ergonomists offers a much broader benefit to the City than meeting regulatory requirements. They provide employees with training and tools to safely, comfortably, and efficiently carry out their jobs. As a result of these efforts, certain workplace injuries are avoided, which in turn lowers the City’s workers’ compensation costs. While the exact cost savings cannot be quantified, they are significant considering that the average cost of each workers’ compensation claim is approximately $53,180. In addition to the injury prevention services, ergonomic consultants provide post-injury solutions that focus on reducing lost time due to injuries.
The lost time results in additional workers’ compensation costs, as well as lost productivity and overtime costs.
Bidder Recommendation
Best Qualified Person/Firm Accredited Rehabilitation Consultants Inc., and O2X Human Performance LLC
Evaluation Criteria
(include all that apply)
Cost, Stability/References, Report/Training Materials,
Experience/Technical Competence, Value Add/ Breadth of Service, Ability to Meet Workplan/Timeline.
Municipal Code SMMC 2.24.100(b)
RFPs Received (do not list cost/prices; add rows as needed for additional vendors) Accredited Rehabilitation
Consultants Inc. CARE onsite Ergonomicworks Humanscale Corporation O2X Human
Performance LLC
RFP Data
Posted On Posted On Advertised In
(City Charter & SMMC)
Vendors
Downloaded
Date Publicly
Opened
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5/1/2026 City's Online
Bidding Site Santa Monica Daily Press 27 5/27/2026
Justification to Award
The evaluation committee, comprised of staff from Risk Management and DoT Safety, evaluated the RFP submissions from the five firms, then interviewed three shortlisted firms to better understand the respondents’ strengths, capabilities, and abilities to meet the City’s requested scope and timeline. The evaluation scoring identified two firms, with unique strengths in specific areas of ergonomics, that were virtually tied in scoring.
Based on the evaluation criteria and criteria in SMMC 2.24.100(b), the evaluation committee recommends Accredited Rehabilitation Consultants Inc. as the best qualified firm to provide primarily sedentary job task/office related ergonomic services based on their extensive knowledge and ability to identify Repetitive Motion Injury exposures in sedentary job/office related environments and provide recommendations to control/minimize these exposures, as well as their extensive background with similar government organizations.
Based on the evaluation criteria and criteria in SMMC 2.24.100(b), the evaluation committee recommends O2X Human Performance LLC as the best qualified firm to provide primarily manual work and first responder ergonomic services based on their extensive knowledge and unique preventative approach to prevention of Repetitive Motion Injury exposures in manual work and first responder-related environments, as well as their experience with government agencies and job coaching manual work jobs from an “industrial athlete” approach.
Environmental Review
The agreements to provide professional ergonomic services are exempt from the California Environmental Quality Act (CEQA) pursuant to Section 15061(b)(3) (Common Sense Exemption) of the CEQA Guidelines, which states that CEQA does not apply “where it can be seen with certainty that there is no possibility that the activity in
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question may have a significant effect on the environment.” The agreements would provide ergonomic services and would not result in physical changes that would have a significant effect on the environment. Therefore, the agreements are exempt from CEQA.
Financial Impacts and Budget Actions
Staff seeks authority to approve available funding from the Self-Insurance Workers’ Compensation Fund to execute an agreement with Accredited Rehabilitation Consultants Inc. and O2X Human Performance LLC for Workplace Injury Prevention and Ergonomic Services.
Agreement Request
Vendor
FY 2026-27
Request Amount
Future Years
Amount
Department/CIP
Account #
Total Contract
Amount
Accredited Rehabilitation
Consultants Inc. $62,550 $574,322 74800002.552010 $636,872 O2X Human Performance LLC $83,550 $767,140 74800002.552010 $850,690 Total $146,100 $1,341,462 $1,487,562
Future year funding is contingent on Council budget approval.
Prepared By: Don Cocozza, Safety Officer
Approved Forwarded to Council
Attachments:
A. OAKS Form - Accredited Rehabilitatiom Consultants Inc B. OAKS Form - O2X Human Peformance LLC
C. Levine Act Disclosure Form - Accredited Rehabilitation Consuiltants Inc
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D. Levine Act Disclosure Form - O2X Human Performance LLC
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CITY OF SANTA MONICA
OAKS INITIATIVE NOTICE
NOTICE TO APPLICANTS, BIDDERS, PROPOSERS
AND OTHERS SEEKING DISCRETIONARY PERMITS, CONTRACTS,
OR OTHER BENEFITS FROM THE CITY OF SANTA MONICA
Santa Monica’s voters adopted a City Charter amendment commonly known as the Oaks Initiative. The Oaks Initiative requires the City to provide this notice and information about the Initiative’s requirements. You may obtain a full copy of the Initiative’s text from the City Clerk.
This information is required by City Charter Article XXII—Taxpayer Protection.
It prohibits a public official from receiving, and a person or entity from conferring, specified personal benefits or campaign advantages from a person or entity after theofficial votes, or otherwise takes official action, to award a “public benefit” to that person or entity. The prohibition applies within and outside of the geographical boundaries of Santa Monica.
All persons or entities applying or receiving public benefits from the City of Santa Monica shall provide the names of trustees, directors, partners, and officers, and names of persons with more than a 10% equity, participation or revenue interest. An exception exists for persons serving in those capacities as volunteers, without compensation, for organizations exempt from income taxes under Section 501(c)(3), (4), or (6), of the Internal Revenue Code. However, this exception does not apply if the organization is a political committee or controls political committees.
Examples of a “public benefit” include public contracts to provide goods or services worth more than $25,000 or a land use approval worth more than $25,000 over a 12- month period.
In order to facilitate compliance with the requirements of the Oaks Initiative, the City compiles and maintains certain information. That information includes the name of any person orpersons whois seeking a “public benefit.” If the “public benefit” is sought by an entity, ratherthan an individual person, the information includes the nameof everyperson who is: (a) trustee, (b) director, (c) partner, (d) officer, or has (e) more than a ten percent interest in the entity. Therefore, if you are seeking a “public benefit” covered by the Oaks Initiative, you must supply that information on the Oaks Initiative Disclosure Form. This information must be updated and supplied every 12 months.
Attachment A
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Packet Pg. 250 Attachment: OAKS Form - Accredited Rehabilitatiom Consultants Inc (7905 : Workplace Injury Prevention and Ergonomic Services)
CITY OF SANTA MONICA
OAKS INITIATIVE DISCLOSURE FORM
In order to facilitate compliance with the requirements of the Oaks Initiative, the City compiles and maintains certain information. That information includes the name of any person or persons who is seeking a “public benefit.” If the “public benefit” is sought by an entity, rather than an individual person, the information includes the name of every person who is: (a) trustee, (b) director, (c) partner, (d) officer, or has (e) more than a ten percent interest in the entity.
Public benefits include:
1. Personal services contracts in excess of $25,000 over any 12-month period;
2. Sale of material, equipment or supplies to the City in excess of $25,000 over a 12- month period;
3. Purchase, sale or lease of real property to or from the City in excess of $25,000 over a 12- month period;
4. Non-competitive franchise awards with gross revenue of $50,000 or more in any 12-month period;
5. Land use variance, special use permit, or other exception to an established land use plan, where the decision has a value in excess of $25,000;
6. Tax “abatement, exception, or benefit” of a value in excess of $5,000 in any 12- month period; or
7. Payment of “cash or specie” of a net value to the recipient of $10,000 in any 12- month period.
Name(s) of persons or entities receiving public benefit:
Name(s) of trustees, directors, partners, and officers:
Name(s) of persons with more than a 10% equity, participation, or revenue interest:
Prepared by: Title:
Signature: Date:
Email: Phone:
Permit #
FOR CITY USE ONLY:
Bid/PO/Contract #
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Packet Pg. 251 Attachment: OAKS Form - Accredited Rehabilitatiom Consultants Inc (7905 : Workplace Injury Prevention and Ergonomic Services)
CITY OF SANTA MONICA
OAKS INITIATIVE NOTICE
NOTICE TO APPLICANTS, BIDDERS, PROPOSERS
AND OTHERS SEEKING DISCRETIONARY PERMITS, CONTRACTS,
OR OTHER BENEFITS FROM THE CITY OF SANTA MONICA
Santa Monica’s voters adopted a City Charter amendment commonly known as the Oaks Initiative. The Oaks Initiative requires the City to provide this notice and information about the Initiative’s requirements. You may obtain a full copy of the Initiative’s text from the City Clerk.
This information is required by City Charter Article XXII—Taxpayer Protection. It prohibits a public official from receiving, and a person or entity from conferring, specified personal benefits or campaign advantages from a person or entity after the official votes, or otherwise takes official action, to award a “public benefit” to that person or entity. The prohibition applies within and outside of the geographical boundaries of Santa Monica.
All persons or entities applying or receiving public benefits from the City of Santa Monica shall provide the names of trustees, directors, partners, and officers, and names of persons with more than a 10% equity, participation or revenue interest. An exception exists for persons serving in those capacities as volunteers, without compensation, for organizations exempt from income taxes under Section 501(c)(3), (4), or (6), of the Internal Revenue Code. However, this exception does not apply if the organization is a political committee or controls political committees. Examples of a “public benefit” include public contracts to provide goods or services worth more than $25,000 or a land use approval worth more than $25,000 over a 12-month period.
In order to facilitate compliance with the requirements of the Oaks Initiative, the City compiles and maintains certain information. That information includes the name of any person or persons who is seeking a “public benefit.” If the “public benefit” is sought by an entity, rather than an individual person, the information includes the name of every person who is: (a) trustee, (b) director, (c) partner, (d) officer, or has (e) more than a ten percent interest in the entity. Therefore, if you are seeking a “public benefit” covered by the Oaks Initiative, you must supply that information on the Oaks Initiative Disclosure Form. This information must be updated and supplied every 12 months.
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Packet Pg. 252 Attachment: OAKS Form - O2X Human Peformance LLC (7905 : Workplace Injury Prevention and Ergonomic Services)
CITY OF SANTA MONICA
OAKS INITIATIVE DISCLOSURE FORM
In order to facilitate compliance with the requirements of the Oaks Initiative, the City compiles and maintains certain information. That information includes the name of any person or persons who is seeking a “public benefit.” If the “public benefit” is sought by an entity, rather than an individual person, the information includes the name of every person who is: (a) trustee, (b) director, (c) partner, (d) officer, or has (e) more than a ten percent interest in the entity.
Public benefits include:
1. Personal services contracts in excess of $25,000 over any 12-month period;
2. Sale of material, equipment or supplies to the City in excess of $25,000 over a 12- month period;
3. Purchase, sale or lease of real property to or from the City in excess of $25,000 over a 12- month period;
4. Non-competitive franchise awards with gross revenue of $50,000 or more in any 12-month period;
5. Land use variance, special use permit, or other exception to an established land use plan, where the decision has a value in excess of $25,000;
6. Tax “abatement, exception, or benefit” of a value in excess of $5,000 in any 12- month period; or
7. Payment of “cash or specie” of a net value to the recipient of $10,000 in any 12- month period.
Name(s) of persons or entities receiving public benefit:
Name(s) of trustees, directors, partners, and officers:
Name(s) of persons with more than a 10% equity, participation, or revenue interest:
Prepared by: ____________________________Title: __________________________ Signature: ______________________________________ Date: ________________ Email: ____________________________________ Phone: ____________________ FOR CITY USE ONLY:
Bid/PO/Contract # ____________________________ Permit # ___________________________
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Packet Pg. 253 Attachment: OAKS Form - O2X Human Peformance LLC (7905 : Workplace Injury Prevention and Ergonomic Services) City of Santa Monica Levine Act Disclosure Form
CITY OF SANTA MONICA
CALIFORNIA LEVINE ACT DISCLOSURE
The Levine Act prohibits City Officers from participating in any action related to a contract, license, permit, or entitlement if such Officer received campaign contributions totaling more than $500 within the previous twelve months, and for twelve months following the date of a final decision, from a party or participant to the proceeding, or their agent.
Section 84308(a)(4) of the Levine Act defines an "Officer" as follows: “Officer” means any elected or appointed officer of an agency, any alternate to an elected or appointed officer of an agency, and any candidate for elective office in an agency. The term “Officer” is further defined 2 Cal.
Code Regs. Section 18438.1, which states:
An officer of an agency includes only those persons who make, participate in making, or in any way attempt to use their official position to influence a decision in the license, permit, or entitlement for use proceeding, or who exercise authority or budgetary control over the agency or officers who may do so, and:
(1) Serve in an elected position, including an official appointed to an elected position due to an interim vacancy or an election otherwise canceled because the official was the sole candidate for the position;
(2) Serve as a member of a board or commission;
(3) Serve as the chief executive of a state agency, or county, city or district of any kind; or (4) Have decision making authority with respect to the proceeding involving a license, permit, or other entitlement for use and is also a candidate for elected office or has been a candidate for elective office in the 12 months prior to the proceeding.
A list of Santa Monica Elected Officials and members of boards and commissions can be found at the following links. The party making this certification is responsible for determining whether a recipient of a political contribution is a City Officer prior to completing this form. https://www.smgov.net/departments/council/
https://www.santamonica.gov/departments/rent-control
https://www.smgov.net/boards/
Have you, your company, or any agent on behalf of you or your company, made any political contributions of more than $500 to any City Officer in the twelve months preceding the date of the submission of your application or proposal? ____YES ____ NO
Name of Councilmember or City Officer: _________________________________ Name of Contributor: _________________________________________________ Date(s) of Contribution(s): ____________________________________________ Amount(s) ________________________________________________________ Please specify below and/or add additional sheet(s) to identify additional Councilmembers or City Officers to whom you and/or your agents made campaign contributions.
Attachment C
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Packet Pg. 254 Attachment: Levine Act Disclosure Form - Accredited Rehabilitation Consuiltants Inc (7905 : Workplace Injury Prevention and Ergonomic City of Santa Monica Levine Act Disclosure Form
Answering YES does not preclude the City of Santa Monica from awarding a contract, license, permit, or entitlement or taking any subsequent action related to the item. It does, however, preclude the identified City Officer from participating in any actions related to such item.
By signing below, you certify you also agree to disclose to the City any future contributions made to Councilmembers or other City Officers by you or your agent(s) after the date of signing this disclosure form, and within 12 months following the approval, renewal, or extension of the requested contract, license, permit, or entitlement.
I HEREBY CERTIFY UNDER PENALTY OF PERJURY UNDER THE LAWS OF THE STATE OF CALIFORNIA THAT THE FOREGOING IS TRUEAND CORRECT.
Signed: ____________________________ Date: ____________________ Print Name: _________________________ Title: _____________________ Company: __________________________
Additional Disclosures:
Please note this form is a public record and subject to a California Public Records Act request.
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Packet Pg. 255 Attachment: Levine Act Disclosure Form - Accredited Rehabilitation Consuiltants Inc (7905 : Workplace Injury Prevention and Ergonomic City of Santa Monica Levine Act Disclosure Form
CITY OF SANTA MONICA
CALIFORNIA LEVINE ACT DISCLOSURE
The Levine Act prohibits City Officers from participating in any action related to a contract, license, permit, or entitlement if such Officer received campaign contributions totaling more than $500 within the previous twelve months, and for twelve months following the date of a final decision, from a party or participant to the proceeding, or their agent.
Section 84308(a)(4) of the Levine Act defines an "Officer" as follows: “Officer” means any elected or appointed officer of an agency, any alternate to an elected or appointed officer of an agency, and any candidate for elective office in an agency. The term “Officer” is further defined 2 Cal.
Code Regs. Section 18438.1, which states:
An officer of an agency includes only those persons who make, participate in making, or in any way attempt to use their official position to influence a decision in the license, permit, or entitlement for use proceeding, or who exercise authority or budgetary control over the agency or officers who may do so, and:
(1) Serve in an elected position, including an official appointed to an elected position due to an interim vacancy or an election otherwise canceled because the official was the sole candidate for the position;
(2) Serve as a member of a board or commission;
(3) Serve as the chief executive of a state agency, or county, city or district of any kind; or (4) Have decision making authority with respect to the proceeding involving a license, permit, or other entitlement for use and is also a candidate for elected office or has been a candidate for elective office in the 12 months prior to the proceeding.
A list of Santa Monica Elected Officials and members of boards and commissions can be found at the following links. The party making this certification is responsible for determining whether a recipient of a political contribution is a City Officer prior to completing this form. https://www.smgov.net/departments/council/
https://www.santamonica.gov/departments/rent-control
https://www.smgov.net/boards/
Have you, your company, or any agent on behalf of you or your company, made any political contributions of more than $500 to any City Officer in the twelve months preceding the date of the submission of your application or proposal? ____YES ____ NO
Name of Councilmember or City Officer: _________________________________ Name of Contributor: _________________________________________________ Date(s) of Contribution(s): ____________________________________________ Amount(s) ________________________________________________________ Please specify below and/or add additional sheet(s) to identify additional Councilmembers or City Officers to whom you and/or your agents made campaign contributions.
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Packet Pg. 256 Attachment: Levine Act Disclosure Form - O2X Human Performance LLC [Revision 1] (7905 : Workplace Injury Prevention and Ergonomic City of Santa Monica Levine Act Disclosure Form
Answering YES does not preclude the City of Santa Monica from awarding a contract, license, permit, or entitlement or taking any subsequent action related to the item. It does, however, preclude the identified City Officer from participating in any actions related to such item.
By signing below, you certify you also agree to disclose to the City any future contributions made to Councilmembers or other City Officers by you or your agent(s) after the date of signing this disclosure form, and within 12 months following the approval, renewal, or extension of the requested contract, license, permit, or entitlement.
I HEREBY CERTIFY UNDER PENALTY OF PERJURY UNDER THE LAWS OF THE STATE OF CALIFORNIATHAT THE FOREGOING IS TRUEAND CORRECT.
Signed: ____________________________ Date: ____________________ Print Name: _________________________ Title: _____________________ Company: __________________________
Additional Disclosures:
Please note this form is a public record and subject to a California Public Records Act request.
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Packet Pg. 257 Attachment: Levine Act Disclosure Form - O2X Human Performance LLC [Revision 1] (7905 : Workplace Injury Prevention and Ergonomic SANTA MONICA CITY ATTORNEY’S OFFICE
TO: Public
FROM: City Attorney’s Office
RE: Levine Act Disclosure Form
The Levine Act (Government Code 84308) is a California law aimed at preventing “pay to play” practices by prohibiting parties, participants, and their agents in a proceeding involving a license, permit, or other entitlement from contributing more than $500 to an officer of the City during a 12-month period. The prohibition applies to any 12-month period while the proceeding is pending and for 12 months following the date a final decision is rendered in the proceeding.
State law requires a party to a proceeding to disclose any contributions exceeding an aggregate $500 that the party and their agents have made to an officer of the City within the preceding 12 months. The Disclosure Form is intended to assist City officials with recognizing when they have an obligation to disclose and recuse themselves, and to aid parties with their disclosure obligations.
1. To what sort of proceedings is the disclosure form applicable? The Levine Act applies to all discretionary entitlements and contracts, with the exception of labor contracts, personal employment contracts, and contracts that must be awarded to the lowest responsive/responsible bidder. It does not apply to ministerial approvals.
For instance, the Levine Act applies to the following:
• Building and development permits
• Conditional use permits
• Contracts generally (unless an exception applies):
o Real property contracts for purchase, sale, lease
o Contract amendments
o Settlement agreements
o Contracts for goods, services, professional services that are not awarded pursuant to a competitive process
• Public street abandonments
• Private development plans
• Professional license revocations
• Rezoning of specific real estate parcels
• Event permits
• Rulemaking procedures affecting a particular industry where only a small number of businesses are affected
• Special district formation proceedings involving the creation of a special use or benefit to the person in the district
• Tentative subdivision and parcel maps
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Packet Pg. 258 Attachment: Levine Act Disclosure Form - O2X Human Performance LLC [Revision 1] (7905 : Workplace Injury Prevention and Ergonomic
• Zoning variances
• Vacation of a public easement across private property • Pre-applications, such as for General Plan Amendment, considered by the legislative body prior to filing of formal application
• Contracts entered under the City Manager’s Authority
• Closed session items that may result in a contract/settlement agreement approved by Council (real estate or litigation)
It does not apply to:
• Contracts under $50,000
• Contracts where no party receives financial compensation • Contracts between two or more public agencies
• Competitively bid contracts that are required by law, agency policy, or agency rule to be awarded pursuant to a competitive process
• Purely ministerial decisions
• General policy decisions or rules where the interests affected are many and diverse
• Ordinances and resolutions (except items like development agreements adopted by ordinance)
• Ballot measures
• Departmental policies
• Council rules
• Labor contracts and project labor agreements
• Personal employment contracts
• Allocation of resources in the City budget
2. Who is required to disclose?
A “party” to a proceeding is any person who files an application for, or is the subject of, a proceeding. In general, a person or company who applies for a permit, license, or right to use property in a particular way, which requires the City’s discretionary approval, will qualify as a party.
Parties are also required to disclose contributions by their agents. An “agent” is someone who (1) represents a party to a proceeding for compensation; and (2) appears before or otherwise communicates with the City for the purpose of influencing the pending proceeding. This can include law firms, architects, engineers, consultants, and similar entities. Both the individual and their employer or firm are considered “agents.” A party should also disclose contributions of other entities majority owned by the party, as well as contributions of any other entity whose contributions it directs or controls.
3. What must be disclosed?
A party must disclose campaign contributions over $500 made in the prior twelve months.
A “contribution” is anything of value for which the party has not received full consideration, including money, nonmonetary items, payments made for advertising or
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Packet Pg. 259 Attachment: Levine Act Disclosure Form - O2X Human Performance LLC [Revision 1] (7905 : Workplace Injury Prevention and Ergonomic
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. 260 Attachment: Levine Act Disclosure Form - O2X Human Performance LLC [Revision 1] (7905 : Workplace Injury Prevention and Ergonomic City Council
Report
City Council Meeting: October 27, 2026
Agenda Item: 4.F
1 of 5
To: Mayor and City Council
From: Feroz Merchhiya, Chief Information Officer, Information Services Department Subject: Approval of Fifth Modification of Agreement with Zones for After-Hours Service Desk Support for the Information Services Department Recommended Action
Staff recommends that the City Council:
1. Adopt a finding of no possibility of significant effect pursuant to Section 15061(b)(3) (Common Sense Exemption) of the California Environmental Quality Act (CEQA) Guidelines; and
2. Authorize the City Manager to execute a fifth modification to agreement #10887 in the amount of $93,918 with Zones, LLC (Zones) for after-hours Service Desk support for the Information Services Department. This will result in an amended agreement with a new total amount not to exceed $2,309,586, with future year funding contingent on Council budget approval.
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Summary
The City of Santa Monica (City) contracts with Zones to provide after-hours service desk and technical support, and after-hours monitoring of City computer systems. The current agreement does not have sufficient authority to cover services beyond October 2026.
Staff seek to modify the current agreement authority amount by an additional $93,918 to continue IT support services on a month-to-month basis while staff complete the formal procurement process for these services. The request to extend this agreement has been approved by Procurement via ECB # 526 but still requires City Council authorization to execute the contract modification. A request for proposals for these services opened on September 14, 2026 (RFP # 473) and staff anticipate the recommended award going to City Council in early 2027.
Discussion
Santa Monica operates over 300 software systems and supports over 2,200 computer users. As a full-service City, many critical city functions, such as Police, Fire, Water and Transportation, happen outside of normal business hours and require immediate support. After evaluating different models, staff determined it was most cost effective to contract with a third party to provide IT support desk services, including after-hours support, and monitoring. The City support service staff focus their efforts on hardware repairs, more complex technical issues, asset management of computer systems, and the replacement of laptops and computers.
The City has already begun the competitive process of soliciting proposals to establish a new agreement for 24x7x365 Service Desk support. Until a new contract is executed as a result of RFP #473, staff recommends that Council increase the authority of the existing month-to-month agreement with Zones to avoid interruption in critical after-hours Support Desk functionality, not to extend beyond August 31, 2027. Zones provides its services at a cost of $8,895 per month plus a 10% contingency, a rate which will remain in place through the term of the contract. The City will terminate its current contract with Zones when a new agreement is fully executed.
Past Council Actions
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Meeting Description
07/23/2019
(Attachment A)
Award Request for Proposal (RFP) for Network Operations Center Services
07/29/2025
(attachment B)
Approval of Third Modification of Agreement with Zones for 24x7x365 Service Desk Support
On July 23, 2019, Council authorized the execution of an agreement with Zones, LLC in an amount not to exceed $2,387,000 (including one‑time setup costs, 2% annual cost increases, and a 10% contingency of $217,000). Contract #10887 (CCS), was subsequently executed on September 16, 2019 for an amount not to exceed $2,169,786. On February 8, 2023, in response to the City’s evolving Support Desk needs, that agreement was modified by the City and Zones to extend the Managed Services Service Desk Support model from After-Hours (5:30 PM Pacific Time – 7:30 AM Pacific Time, Monday – Friday), Weekends and Holiday support to 24x7x365 support. In addition to extending the Service Desk scope to 24x7x365, the City asked Zones to remove the NOC scope, which had become duplicative, and both parties agreed to subsequently decrease the overall agreement amount to reflect the change in services to a reduced amount not to exceed $1,988,732.
On August 20, 2024, the City and Zones executed a second modification to Contract #10887 to extend the term through August 31, 2025, with no change to the not‑to‑exceed amount of $1,988,732. On July 29, 2025, Council approved a third modification in the amount of $226,936, increasing the total agreement authority to $2,215,668 to cover anticipated costs through August 31, 2026. To preserve funds and ensure adequate time for staff to complete the procurement process, the City and Zones executed a fourth modification in early October 2026, reverting services to after‑hours, weekend, and holiday support only, and extending the term through August 31, 2027, with no change to the not‑to‑exceed amount. Should services need to continue through August 31, 2027, staff request an additional $93,918, for a revised not‑to‑exceed amount of $2,309,586, to avoid any interruption in critical support services while the formal procurement process is completed.
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Following a detailed evaluation of the City’s Managed Services Service Desk Support model, Information Services Department staff determined that substantial revisions to the planned request for proposals were necessary. The updated scope ensures the City can successfully procure a 24x7x365 remote Service Desk solution that aligns with current operational needs, integrates effectively with existing systems and platforms, and reflects modern cybersecurity standards and industry best practices. This analysis and restructuring required additional time, ultimately extending the procurement timeline into FY 2026–27. The revised request for proposals was released to the public on September 14, 2026, and the procurement process is now underway.
Environmental Review
The proposed contract modification is exempt from the provision of the California Environmental Quality Act (CEQA) pursuant to Section 15061(b)(3) of the CEQA Guidelines (common sense exemption). The proposal is covered by the common sense exemption 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 modification would not result in any adverse physical environmental effects as it encompasses remote services. Therefore, the modification to the agreement is exempt from CEQA and no further environmental review under CEQA is required.
Financial Impacts and Budget Actions
Staff seeks authority to approve available funding from various funds to increase the total contract amount for Contract #10877 (CCS) with Zones for after-hours Service Desk support on a month-to-month basis. The cost is allocated to various funds based on the estimated historical percentage of service desk usage.
Contract Modification Request
Agreement
#
Current
Authorized
Amount
FY 2026-27
Modified
Request Amount
Future Years
Amount
Account
Number
Total Revised
Contract Amount
10877 $2,215,668 $93,918 $0 Various $2,309,586
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Future year funding is contingent on Council budget approval.
Prepared By: Carolyn Connolly, Administrative Services Officer Approved Forwarded to Council
Attachments:
A. Staff Report Zones NOC Services 07.23.2019
B. Zones 3rd Mod Staff Report 07.29.2025
C. Zones FY 26-27 Oaks Initiative Form
D. LEVINE ACT DISCLOSURE FORM_ZONES, LLC_FY26-27
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City Council
Report
City Council Meeting: July 23, 2019
Agenda Item: 3.H
1 of 5
To: Mayor and City Council
From: Joseph Cevetello, Chief Information Officer, Information Services Department, Customer Experience and Support
Subject: Award Request for Proposal (RFP) for Network Operations Center Services Recommended Action
Staff recommends that the City Council:
1. Award RFP#196 to Zones, LLC, a Washington-based company, for Network Operations Center (NOC) and afterhours Service Desk services for the Information Services Department;
2. Authorize the City Manager to negotiate and execute an agreement with Zones, LLC, in an amount not to exceed $2,387,000 (including one-time setup costs, 2% annual cost increases and a 10% contingency of $217,000) for five years, on the same terms and conditions, with future year funding contingent on Council budget approval.
Summary
To better secure and support critical municipal systems, such as those for safety, transportation, traffic, utilities, and others, Information Services Department (ISD) staff recommend establishing a Network Operations Center (NOC) to provide around-the-clock monitoring and technical support. ISD provides centralized support services for all automated information and communication systems for the City. Many City functions that serve the public operate on a 24x7 basis, such as Police, Fire, Water, Transportation, and Public Works. Staff seeks approval to enter into a services contract with Zones, LCC to establish the NOC and provide around-the-clock system monitoring and support.
Discussion
For critical systems that must be available 24/7 technology support primarily relies on the knowledge and availability of a single subject matter expert. To mitigate risk exposure and reduce reliance on singular individuals, the City must setup a more
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sustainable support structure to ensure operational continuity. This is especially important for effective response to cyber-security incidents. To establish that support structure, ISD recommends the implementation of a Network Operation Center (NOC) function through an established service provider. The NOC will proactively monitor, identify, and respond to technology issues 24x7. This proactive oversight of critical services will enhance security, support, and free-up internal technical resources to focus on maintaining systems and addressing issues before they cause interruptions to City services. Additionally, this same contract will include services for the vendor to provide call center and end user support for City staff in departments that work outside of standard City Hall operating hours, such as Fire, Police, Public Works, and Big Blue Bus; there are currently no such after-hours Service Center services available to staff working outside the City’s regular business hours.
Using an external service provider is a cost effective approach for mitigating risks associated with single subject matter expert resources. Additionally, industry specialized NOC services utilize technical expertise and technologies not available with current City staffing and technology investment levels. The implementation of this service reduces the risk of interruption of critical City services that are provided to the public 24x7. An established NOC vendor provides flexibility in staffing based on fluctuating technology needs of the City. By leveraging its workforce and technologies across multiple clients, such vendors are able to ramp up or down resources as needed to address City technology support needs as they arise.
Method of Service
On January 13, 2015 (Attachment A), Council adopted a Policy for Hiring Contracted or As-needed Staff for Non-professional Services. This policy includes criteria under which contracting for a public service is appropriate. Staff has reviewed the service needs, and recommends providing NOC and after-hours Service Desk services through a contractor due to the following criteria:
Evaluation Criteria Staff Assessment
Risk Service entails risk that significantly increases the City’s
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potential liability
Specialized/Technical expertise Service requires technical or special expertise that City staff could not or does not provide, and is outside of core service mission of the department; and,
Workforce Flexibility: Service is seasonal or unpredictable, but requires multiple staff if service is needed. Service continuity relies on large employee pool with numerous and immediately available
backup options. The use of contract services provides the City with an opportunity to redefine or adjust service levels.
Vendor selection
Staff solicited an RFP for NOC and after-hours ServiceDesk (call center) services from multiple established vendors. The services include 24x7 monitoring and proactive response for key application systems and underlying infrastructure; reactive on-call support for key application systems; and after-hours call center services. Staff evaluated all proposals submitted and identified the bidder that can deliver services to the City efficiently and cost effectively, while providing an excellent customer experience to all City staff.
RFP Data
RFP Posting
Date RFP Posted On
RFP Advertised In
(City Charter &
Municipal Code)
# of Vendors
Downloaded
# of Submittals
Received
Date Publicly
Opened
9/24/18 City's Online
Bidding Site
Santa Monica Daily
Press 61 5 10/29/18
RFPs Received Selection Criteria
Zones, LLC InterVision
Systems, LLC Municipal Code SMMC 2.24.190
Smart IMS, Inc. Dell Marketing,
L.P.
Evaluation Criteria Cost of services, experience and technical competence, value added-breadth of service, and stability and
Insight Public references.
Sector, Inc.
Justification to Award
Responses to the RFP were reviewed by a selection panel of staff from the Information Services Department. Staff then shortlisted and interviewed three firms. Based on the evaluation criteria listed above and criteria in SMMC 2.24.190, staff recommends Zones, LLC, as the best qualified firm for Network Operations Center and after-hours Service Desk services. Zones was the lowest bidder and their proposal provides the greatest value for the cost; they provide 24/7/365 Microsoft Office 365 Concierge
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support services for Microsoft direct customers and this service will be extended to the City at no additional cost; they are experienced in the area of Network Operations Center services and have mature service delivery processes for end user computing, service desk, and operational monitoring and response; they will leverage the City’s current technology investments for service delivery (ServiceNow) and operational monitoring and control infrastructure; and their proposed solution best aligns with the City’s IT needs in terms of delivering an ITIL structured solution for the City to seamlessly transition to a 24x7 Network Operations Center services model.
Additionally, Zones, LLC has extensive experience managing similar engagements for other agencies, including Warner Media Group, Scotia-Glenville Central School District, and Microsoft. Zones received praise from their references for their exceptional customer service, focus on customer satisfaction, and their commitment to recommend and implement best practices to improve service delivery availability and reliability for their customers.
Financial Impacts and Budget Actions
Staff seeks authority to award an agreement with Zones, LLC for NOC and after-hours Service Desk services.
Agreement Request
Request Amount
FY 2019-20 Budget
Department Account #
Total Contract
Amount
$41,010 C7100030.689000
$284,657 01140001.550010
$60,718 60600002.552010
$5,020 11400001.552010
$384 53160001.552010
$14,004 57500001.552010
$17,937 54500002.552010
$10,120 50500001.552010
$10,120 51500001.552010
$3,006 75300001.552010
$613 70500001.552010
$2,490 59500001.552010
Total $2,387,000
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Future year funding is contingent on Council budget approval.
Prepared By: Sandye Amshen, Customer Experience and Support Manager Approved Forwarded to Council
Attachments:
A. Oaks - Zones
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Report
City Council Meeting: July 29, 2025
Agenda Item: 4.G
1 of 4
To: Mayor and City Council
From: Feroz Merchhiya, Chief Information Officer, Information Services Department Subject: Approval of Third Modification of Agreement with Zones for 24x7x365 Service Desk Support
Recommended Action
Staff recommends that the City Council:
1. Authorize the City Manager to negotiate and execute a third modification to agreement #10887 in the amount of $226,936 with Zones, LLC (Zones) for 24x7x365 Service Desk support for the Information Services Department (ISD).
This will result in a 7-year amended agreement with a new total amount not to exceed $2,215,668, with future year funding contingent on Council budget approval;
2. Adopt a finding of no possibility of significant effect pursuant to Section 15061(b)(3) (Common Sense Exemption) of the California Environmental Quality Act (CEQA) Guidelines.
Summary
The City of Santa Monica contracts with Zones to provide 24x7x365 service desk support, after-hours technical support, and around the clock monitoring of City computer systems. The current agreement expires on August 31, 2025, and staff seeks to modify the current agreement on a month-to-month basis to continue IT support services while staff conduct a formal procurement process for these services in FY 2025/2026.
Discussion
Santa Monica operates over 300 software systems and supports over 2,200 computer users. As a full service City, many critical city functions, such as Police, Fire, Water and Transportation, happen outside of normal business hours and require immediate support. After evaluating different models, staff determined it was most cost effective to
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contract with a third party to provide IT support desk services, including after-hours support, and monitoring. The City support service staff focus their efforts on hardware repairs, more complex technical issues, asset management of computer systems, and the replacement of laptops and computers.
The City intends to follow a competitive process of soliciting proposals in the Fall of 2025 to establish a new agreement for 24x7x365 Service Desk support. Until a new contract is in place, staff recommends that Council extend the existing agreement with Zones on a month-to-month basis to avoid interruption in critical 24x7x365 Support Desk, not to extend beyond August 31, 2026. Zones provides its services at a cost of $20,159 per month plus a 10% contingency, a rate which will remain in place through the term of the contract. The City will terminate its current contract with Zones when a new agreement is in place.
Past Council Actions
Meeting Description
07/23/2019
(Attachment A)
Award Request for Proposal (RFP) for Network Operations Center Services
Contract #10887 (CCS), was executed on September 16, 2019 for an amount not to exceed $2,169,786. On February 8, 2023, in response to the City’s evolving Support Desk needs, that agreement was modified by the City and Zones to extend the Managed Services Service Desk Support model from After-Hours (8:30 PM Eastern – 10:30 AM Eastern, Monday – Friday), Weekends and Holiday support to 24x7x365 support. In addition to extending the Service Desk scope to 24x7x365, the City asked Zones to remove the NOC scope, which had become duplicative, and both parties agreed to subsequently decrease the overall agreement amount to reflect the change in services to a reduced amount not to exceed $1,988,732.
On August 20, 2024, the City and Zones agreed to modify Contract #10887 a second time to extend the term one additional year, until August 31, 2025, with no change to the existing not to exceed amount of $1,988,732, to allow the City to complete a formal
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procurement process for a new agreement without an interruption in critical services.
After careful evaluation of the City’s current Managed Services Service Desk Support model, Information Services Department staff determined that the planned request for proposals required significant revision in order to successfully procure a 24x7x365 Managed Services Service Desk remote delivery solution that reflects the City’s current support desk needs, integrates with the City’s current systems and platforms, and aligns with the most up-to-date cybersecurity and industry best practices and standards. This evaluation, analysis and major revision required additional time that has pushed the formal procurement process into FY 2025/2026.
Environmental Review
The proposed contract modification is exempt from the provision of the California Environmental Quality Act (CEQA) pursuant to Section 15061(b)(3) of the CEQA Guidelines (common sense exemption). The proposal is covered by the common sense exemption 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 modification would not result in any adverse physical environmental effects as it encompasses remote services. Therefore, the modification to the agreement is exempt from CEQA and no further environmental review under CEQA is required.
Financial Impacts and Budget Actions
Staff seeks authority to approve available funding from various funds to increase the total contract amount for Contract #10877 (CCS) with Zones for 24x7x365 Service Desk support on a month-to-month basis. The cost is allocated to various funds based on the historical percentage of service desk usage. Future year funding is contingent on Council budget approval.
Contract Modification Request
Agreement # Current
Authorized
Amount
FY 2025-26 Modified
Request Amount
Account
Number
Total Revised
Contract Amount
10877 $1,988,732 $226,936 Various $2,215,668
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Prepared By: Carolyn Connolly, Administrative Services Officer Approved Forwarded to Council
Attachments:
A. Staff Report - NOC Services - 07.23.2019
B. Original - Professional Services Agreement No. 10887 (CCS) 09.16.2019 C. First Modification - Executed Zones_NOC_Mod_1 02.08.2023 D. Executed Zones_Second_Modification_10887 08.20.2024
E. FY24-25 OAKS INITIATIVE FORM - Zones Signed 07.30.2024 F. Levine Act Disclosure Form 2.6.24 - signed 07.30.2024
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Packet Pg. 274 Attachment: Zones 3rd Mod Staff Report 07.29.2025 (7951 : Fifth Modification of Agreement with Zones for After-Hours Service Desk Support) Packet Pg. 275 Attachment: Zones FY 26-27 Oaks Initiative Form [Revision 1] (7951 : Fifth Modification of Agreement with Zones for After-Hours Service Desk
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CITY OF SANTA MONICA Desk
OAKS INITIATIVE NOTICE
NOTICE TO APPLICANTS, BIDDERS, PROPOSERS Service
AND OTHERS SEEKING DISCRETIONARY PERMITS, CONTRACTS,
OR OTHER BENEFITS FROM THE CITY OF SANTA MONICA
Santa Monica's voters adopted a City Charter amendment commonly known for After-Hours as the Oaks Initiative. The Oaks Initiative requires the City to provide this notice and information about the Initiative's requirements. You may obtain a full copy of the Zones
Initiative's text from the City Clerk.
This information is required by City Charter Article XXII-Taxpayer Protection.
It prohibits a public official from receiving, and a person or entity from conferring, specified personal benefits or campaign advantages from a person or entity after the official votes, or otherwise takes official action, to award a "public benefit" to that person or entity. The prohibition applies within and outside of the geographical boundaries of Santa Monica.
All persons or entities applying or receiving public benefits from the City of Santa Monica shall provide the names of trustees, directors, partners, and officers, and names of persons with more than a 10% equity, participation or revenue interest. An exception exists for persons serving in those capacities as volunteers, without compensation, for organizations exempt from income taxes under Section 501(c)(3), (4), or (6), of the Internal Revenue Code. However, this exception does not apply if the organization is a political committee or controls political committees.
Examples of a "public benefit" include public contracts to provide goods or services worth more than $25,000 or a land use approval worth more than $25,000 over a 12- month period.
In order to facilitate compliance with the requirements of the Oaks Initiative, the City compiles and maintains certain information. That information includes the name of any person or persons who is seeking a "public benefit." If the "public benefit" is sought by an entity, rather than an individual person, the information includes the name of everyperson who is: (a) trustee, (b) director, (c) partner, (d) officer, or has (e) more than a ten percent interest in the entity. Therefore, if you are seeking a "public benefit" covered by the Oaks Initiative, you must supply that information on the Oaks Initiative Disclosure Form. This information must be updated and supplied every 12 months.
Packet Pg. 275
Packet Pg. 276 Attachment: Zones FY 26-27 Oaks Initiative Form [Revision 1] (7951 : Fifth Modification of Agreement with Zones for After-Hours Service Desk
4.F.c
CITY OF SANTA MONICA
OAKS INITIATIVE DISCLOSURE FORM
Service Desk
In order to facilitate compliance with the requirements of the Oaks Initiative, the City compiles and maintains certain information. That information includes the name of any person or persons who is seeking a "public benefit." If the "public benefit" is sought by an entity, rather than an individual person, the information includes the name of every person who is: (a) trustee, (b) director, (c) partner, (d) Zones for After-Hours officer, or has (e) more than a ten percent interest in the entity.
Public benefits include:
1. Personal services contracts in excess of $25,000 over any 12-month period;
2. Sale of material, equipment or supplies to the City in excess of $25,000 over a 12- month period; Agreement
3. Purchase, sale or lease of real property to or from the City in excess of $25,000 over a 12- month period;
4. Non-competitive franchise awards with gross revenue of $50,000 or more inany 12-month period;
5. Land use variance, special use permit, or other exception to an established land use plan, where the decision has a value in excess of $25,000;
6. Tax "abatement, exception, or benefit" of a value in excess of $5,000 in any vision 1] (7951 : Fifth Modification of Agre 12- month period; or
7. Payment of "cash or specie" of a net value to the recipient of $10,000 in any 12- month period.
Name(s) of persons or entities receiving public benefit:
Zones, LLC
[Re
Name(s) of trustees, directors, partners, and officers:
Firoz Lalji, John M. Steel, Jim Jiambalvo, Yehia Maaty Omar Name(s) of persons with more than a 10% equity, participation, or revenue interest:
Not Applicable
Attachment: Zones FY 26-27 Oaks Initiative Form
Prepared by: Imran Yunus Title: VP, SMB and Public Sector Sales Signature: Date: _August 10, 2026
Email: [email protected] Phone: 310-766-0124
FOR CITY USE ONLY:
Bid/PO/Contract # Permit#
- Packet Pg. 276
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City of
Santa
Monica
CITY OF SANTA MONICA
CALIFORNIA LEVINE ACT DISCLOSURE
The Levine Act prohibits City Officers from participating in any action related to a contract, license, permit, or entitlement if such Officer received campaign contributions totaling more than $500 within the previous twelve months, and for twelve months following the date of a final decision, from a party or participant to the proceeding, or their agent.
Section 84308(a)(4) of the Levine Act defines an "Officer" as follows: "Officer" means any elected or appointed officer of an agency, any alternate to an elected or appointed officer of an agency, and any candidate for elective office in an agency. The term "Officer" is further defined 2 Cal.
Code Regs. Section 18438.1, which states:
An officer of an agency includes only those persons who make, participate in making, or in any way attempt to use their official position to influence a decision in the license, permit, or entitlement for use proceeding, or who exercise authority or budgetary control over the agency or officers who may do so, and:
(1) Serve in an elected position, including an official appointed to an elected position due to an interim vacancy or an election otherwise canceled because the official was the sole candidate for the position;
(2) Serve as a member of a board or commission;
(3) Serve as the chief executive of a state agency, or county, city or district of any kind; or (4) Have decision making authority with respect to the proceeding involving a license, Attachment: LEVINE ACT DISCLOSURE FORM_ZONES, LLC_FY26-27 [Revision 1] (7951 : Fifth Modification of Agreement with Zones for After- permit, or other entitlement for use and is also a candidate for elected office or has been a candidate for elective office in the 12 months prior to the proceeding.
A list of Santa Monica Elected Officials and members of boards and commissions can be found at the following links. The party making this certification is responsible for determining whether a recipient of a political contribution is a City Officer prior to completing this form. https://www.smgov.net/departments/council/
https://www.santamonica.gov/departments/rent-control
https://www.smgov.net/boards/
Have you, your company, or any agent on behalf of you or your company, made any political contributions of more than $500 to any City Officer in the twelve months preceding the date of the submission of your application or proposal? Name of Councilmember or City Officer: n/a
Name of Contributor: n/a
Date(s) of Contribution(s): n/a
Amounts) n/a
Please specify below and/or add additional sheets) to identify additional Councilmembers or City Officers to whom you and/or your agents made campaign contributions.
City of Santa Monica Levine Act Disclosure Form
Packet Pg. 277
4.F.d
City of
Santa
Monica
Answering YES does not preclude the City of Santa Monica from awarding a contract, license, permit, or entitlement or taking any subsequent action related to the item. It does, however, preclude the identified City Officer from participating in any actions related to such By signing below, you certify you also agree to disclose to the City any future contributions made to Councilmembers or other City Officers by you or your agents, fter the date of signing this disclosure form, and within 12 months following the approval, renewai, or extension of the requested contract, license, permit, or entitlement.
| HEREBY CERTIFY UNDER PENALTY OF PERJURY UNDER THE LAWS OF THE STATE OF CALIFORNIA THAT THE FOREGOING IS TRUE AND CORRECT.
Signed: Wellin Date: August 10, 2026
Imran Yunus VP, SMB and Public Sector Sales
Print Name: Title:
Company: Zones, LLC
Additional Disclosures:
Attachment: LEVINE ACT DISCLOSURE FORM_ZONES, LLC_FY26-27 [Revision 1] (7951 : Fifth Modification of Agreement with Zones for After- Please note this form is a public record and subject to a California Public Records Act request.
City of Santa Monica Levine Act Disclosure Form
Packet Pg. 278
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City of SANTA MONICA CITY ATTORNEY'S OFFICE
Santa
Monica
TO: Public
FROM: City Attorney's Office
RE: Levine Act Disclosure Form
The Levine Act (Government Code 84308) is a California law aimed at preventing "pay to play" practices by prohibiting parties, participants, and their agents in a proceeding involving a license, permit, or other entitlement from contributing more than $500 to an officer of the City during a 12-month period. The prohibition applies to any 12-month period while the proceeding is pending and for 12 months following the date a final decision is rendered in the proceeding.
State law requires a party to a proceeding to disclose any contributions exceeding an aggregate $500 that the party and their agents have made to an officer of the City within the preceding 12 months. The Disclosure Form is intended to assist City officials with recognizing when they have an obligation to disclose and recuse themselves, and to aid parties with their disclosure obligations.
1. To what sort of proceedings is the disclosure form applicable? Attachment: LEVINE ACT DISCLOSURE FORM_ZONES, LLC_FY26-27 [Revision 1] (7951 : Fifth Modification of Agreement with Zones for After- The Levine Act applies to all discretionary entitlements and contracts, with the exception of labor contracts, personal employment contracts, and contracts that must be awarded to the lowest responsive/responsible bidder. It does not apply to ministerial approvals.
For instance, the Levine Act applies to the following:
• Building and development permits
• Conditional use permits
• Contracts generally (unless an exception applies):
• Real property contracts for purchase, sale, lease
• Contract amendments
• Settlement agreements
• Contracts for goods, services, professional services that are not awarded pursuant to a competitive process
• Public street abandonments
• Private development plans
• Professional license revocations
• Rezoning of specific real estate parcels
• Event permits
• Rulemaking procedures affecting a particular industry where only a small number of businesses are affected
• Special district formation proceedings involving the creation of a special use or benefit to the person in the district
• Tentative subdivision and parcel maps
Packet Pg. 279
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• 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) lodification of Agreement with Zones for After- 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 Fifth diverse
• Ordinances and resolutions (except items like development agreements adopted 151:
by ordinance) (79
• Ballot measures
• Departmental policies
• Council rules
• Labor contracts and project labor agreements
• Personal employment contracts
• Allocation of resources in the City budget LLC_FY26-27 [Revision
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 Packet Pg. 280
4.F.d
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.
Attachment: LEVINE ACT DISCLOSURE FORM_ZONES, LLC_FY26-27 [Revision 1] (7951 : Fifth Modification of Agreement with Zones for After- 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 Packet Pg. 281
City Council
Report
City Council Meeting: October 27, 2026
Agenda Item: 4.G
1 of 5
To: Mayor and City Council
From: Feroz Merchhiya, Chief Information Officer, Information Services Department Subject: Approval of Third Modification of Agreement with ELB US, Inc. for the Purchase of Audio-Visual Equipment, including System
Design/Implementation and Support Services for the Information Services Department
Recommended Action
Staff recommends that the City Council:
1. Adopt a finding of no possibility of significant effect pursuant to Section 15061(b)(3) (Common Sense Exemption) of the California Environmental Quality Act (CEQA) Guidelines; and
2. Authorize the City Manager to execute a third modification to Agreement #10935 in the amount of $220,000 with ELB US, Inc. (ELB) for the purchase of audio‑visual equipment, system design and implementation, and support services for the Information Services Department. This will result in an amended agreement with a new total amount not to exceed $715,855, with future year funding contingent on Council budget approval.
Summary
The City of Santa Monica contracts with ELB US, Inc. (ELB) to provide audio‑visual (A/V) equipment, system design and implementation, and ongoing support services for meeting rooms and operational facilities across the City. These services ensure the reliability of A/V systems used for public meetings, trainings, hybrid collaboration, and daily operational needs.
The current agreement, as modified through December 31, 2026, does not have sufficient authority to support planned A/V equipment replacements, system upgrades, and required support services through the extended project timeline. Staff seek
4.G
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approval for a third modification to ensure continuity of service and to meet operational requirements. The request to extend this agreement has been approved by Procurement via ECB # 529 but still requires City Council authorization to execute the contract modification.
The City has completed a new solicitation and made an award recommendation for RFP No. 2026‑RFP‑00034 which sought proposals from qualified audio‑visual (A/V) systems integrators to provide comprehensive, citywide A/V services in support of conference rooms, event spaces, and other City facilities. Staff anticipate presenting the recommended vendor for City Council authorization before January 31, 2027 when the new agreement is ready to be executed. However, a modification to the existing ELB agreement is necessary to bridge the gap and maintain uninterrupted A/V support until the new contract from RFP No. 2026-RFP-00034 is executed.
The proposed third modification would add $220,000 in contract authority and extend the term to January 31, 2027. This provides the necessary time and resources to complete current installations, maintain reliability of existing systems, and support ongoing A/V modernization efforts. If approved, the total agreement amount would not exceed $715,855, with future year funding contingent on Council budget approval.
Discussion
The City relies on ELB to provide consistent, reliable audio‑visual (A/V) functionality across numerous meeting rooms and operational facilities. These systems support critical City functions, including public meetings, hybrid work environments, interdepartmental collaboration, and community‑facing events. As A/V demands have increased, ELB’s services have expanded to include system design, equipment procurement, installation, maintenance, repairs, and multi‑facility technical support.
Since the execution of the original agreement in 2019, two contract modifications, each within the Council‑approved authority, have been approved to extend A/V support services and incorporate additional facilities and room systems into ELB’s maintenance
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program. These extensions were necessary to maintain continuity of operations and ensure stable support for the City’s A/V infrastructure. Through these prior modifications, the agreement was extended through December 31, 2026, and the scope was updated to reflect the City’s evolving A/V needs.
The current funding authority, however, is insufficient to support the ongoing A/V support services required through the end of the extended contract term. The additional $220,000 requested through this third modification will ensure sufficient capacity to complete system upgrades, replace end‑of‑life components, and respond to operational needs, including A/V reliability improvements in key public meeting and hybrid collaboration spaces.
In parallel, the City has completed the competitive solicitation process via RFP No. 2026‑RFP‑00034, which sought a qualified A/V systems integrator to provide comprehensive, citywide A/V services across conference rooms, event spaces, and other facilities. The City has made the recommended award, and staff anticipate returning to City Council with a recommendation to authorize a new agreement before January 31, 2027.
Because the new contract has not yet been negotiated and received City Council authorization to execute the agreement, this third modification is necessary to bridge the gap and ensure uninterrupted A/V support until the successor agreement is fully executed. Without this modification, the City risks service interruptions, delayed repairs, system downtime during critical public meetings, and degradation of A/V capabilities relied upon by staff and the community. It would also impede the City’s ability to effectively and efficiently complete the workspace optimization relocation that supports the January 2027 return‑to‑office initiative, which requires all conference rooms and A/V‑equipped spaces to be fully operational.
The request for an additional $220,000 is due to unanticipated costs associated with relocating A/V equipment from conference rooms and other A/V‑equipped office spaces,
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as well as necessary repairs and modernization at the SMi Training Room, which are necessary to facilitate the implementation of the new return-to-office initiative.
The proposed extension through January 31, 2027, combined with the additional authority, will allow ELB to continue providing essential services while the City finalizes the competitive procurement and transitions to the new vendor selected through the RFP.
Past Council Actions
Meeting Description
09/10/2019
(Attachment A)
Agreement with ELB US, Inc. for the purchase of audio-visual equipment, including system design/implementation and support services.
Environmental Review
The proposed contract modification is exempt from the provision of the California Environmental Quality Act (CEQA) pursuant to Section 15061(b)(3) of the CEQA Guidelines (common sense exemption). The proposal is covered by the common sense exemption 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 modification would not result in any adverse physical environmental effects as it encompasses services to upgrade existing systems in public meeting and hybrid collaboration spaces. Therefore, the modification to the agreement is exempt from CEQA and no further environmental review under CEQA is required.
Financial Impacts and Budget Actions
Staff seeks authority to approve available funding from various funds to increase the total contract amount for Agreement No. 10935 (CCS) with ELB for the purchase of audio-visual equipment, system design and implementation, and support services. The cost is allocated to various funds based on the Department, Division, and/or CIP project requiring the work.
Contract Modification Request
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Agreement
#
Current
Authorized
Amount
FY 2026-27
Modified Request
Amount
Account
Number
Total Revised
Contract
Amount
10935 $495,855 $220,000 Various $715,855
Future year funding is contingent on Council budget approval.
Prepared By: Carolyn Connolly, Administrative Services Officer Approved Forwarded to Council
Attachments:
A. ELB Staff Report 09.10.2019
B. FY25-26 Oaks Initiative - ELB
C. Levine Act Form - ELB
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City Council
Report
City Council Meeting: September 10, 2019
Agenda Item: 3.F
1 of 4
To: Mayor and City Council
From: Joseph Cevetello, Chief Information Officer, Information Services Department, Infrastructure and Cloud Services
Subject: Agreement with ELB US, Inc. for the purchase of audio-visual equipment, including system design/implementation and support services.
Recommended Action
Staff recommends that the City Council:
1. Award RFP #198 to ELB US, Inc., a California-based company for the purchase of audio-visual equipment, system design and implementation, and support services for the Public Works Department;
2. Authorize the City Manager to negotiate and execute an agreement with ELB US, Inc. in an amount not to exceed $495,855 (including $373,843 for equipment and installation services, $85,716 for five years of support, and a 10% contingency of $36,296) with future year funding contingent on Council budget approval.
Summary
The soon to be completed City Services Building (CSB) is designed to provide a modern workplace that better serves our residents and workforce. It includes 39 breakout spaces, all with wi-fi access to enable mobile technology. Many of these meeting spaces will function as collaborative areas for teams, private spaces for meetings, and hubs for online collaboration and training. To provide maximum efficiency, the meeting rooms must be equipped with reliable technology to centralize room scheduling, enable audio and video conferencing, and enable presentation of content and data from a variety of devices. To properly equip these spaces, staff recommends engaging with ELB US, Inc. (ELB), an audio-visual integrator for system design, acquisition of equipment, installation, and support services for all meeting room technologies in the CSB.
Discussion
To create a more cohesive City Hall campus that better serves the public, the City is expanding and modernizing its Civic Center campus by constructing a City Services
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Packet Pg. 287 Attachment: ELB Staff Report 09.10.2019 (7971 : Third Modification of Agreement with ELB for A/V Equipment and Services) 2 of 4
Building immediately adjacent to City Hall. The Santa Monica Sustainable City Plan was taken into consideration by the architects in developing the layout of this building. The CSB is utilizing an Alternate Work Place (AWP) design, incorporating the City's Total Workplace concepts such as an open, flexible workplace along with both sustainable and green building principles.
As part of designing a collaborative, modern workspace, the building features no private officers. In their place, the CSB will offer 23 conference/meeting rooms for use by all staff, maximizing the use of these collaboration spaces. Staff will use these rooms for functions that would traditionally take place in an office (e.g., employee evaluations) and for conference room activities (e.g., meetings and audio/video conferences). The technology required to manage and support the 23 new meeting rooms must be reliable and consistent across the campus to ensure interoperability and ease of functionality.
Engaging with an audio-visual integrator, such as ELB, for audio-visual system design and integration will ensure that the system is appropriately scoped and installed.
Vendor Selection
Bidder Recommendation
Best Qualified Firm ELB US, Inc.
Evaluation Criteria Experience, cost of services, references, value added-breadth of service, and proposal presentation/demonstration of under the project goals.
Municipal Code SMMC 2.24.190
RFPs Received
JEC Integration Systems Key Code Media Golden Star
Technology
ELB US Inc.
Audio Visual Design
Group
EIDIM Group AVI-SPL
RFP Data
Posted On Posted On
Advertised In
(City Charter & SMMC)
Vendors
Downloaded
Date Publicly
Opened
11/15/2018 City's Online
Bidding Site Santa Monica Daily Press 51 12/18/2018
Justification to Award
Responses to the RFP were reviewed by a selection panel of staff from the Information Services Department, City Manager’s Office, and Public Works Department. Staff then shortlisted and interviewed three firms. Based on the evaluation criteria listed above and criteria in SMMC
2.24.190, staff recommends ELB US Inc. as the best qualified firm for the purchase of audio-visual equipment, audio-visual system design and implementation, and support
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Packet Pg. 288 Attachment: ELB Staff Report 09.10.2019 (7971 : Third Modification of Agreement with ELB for A/V Equipment and Services) 3 of 4
services. ELB’s proposal provides the most significant value for the cost; they provide unlimited remote monitoring and unlimited preventative maintenance. Their proposal includes a room scheduling suite as part of their base cost. ELB’s prior projects demonstrated their experience in providing system design, installation, and support services for a variety of audio-video installations and projects. Furthermore, ELB has extensive experience in delivering similar systems and services to large companies including Microsoft, Facebook, Google and other public sector agencies such as the Los Angeles Unified School District, Stanford University, and the University of California San Francisco. ELB references validated their exceptional customer service, focus on customer satisfaction, and their commitment to implement systems that meet and exceed customers’ expectations.
Financial Impacts and Budget Actions
Staff seeks authority to approve funding from the General Fund to award a contract with ELB for the purchase of audio-visual equipment, system design, implementation, and maintenance services. This is an anticipated and budgeted cost for the City Services Building.
Contract Request
Request Amount
FY 2019-20 Budget
CIP Account #
Total Contract
Amount
$434,140 C0105540.689000 $495,855
Future year funding is contingent on Council budget approval.
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Packet Pg. 289 Attachment: ELB Staff Report 09.10.2019 (7971 : Third Modification of Agreement with ELB for A/V Equipment and Services) 4 of 4
Prepared By: Al Dave, Software Systems Manager
Approved Forwarded to Council
Attachments:
A. OAKS INITIATIVE - ELB US Inc.
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Packet Pg. 290 Attachment: ELB Staff Report 09.10.2019 (7971 : Third Modification of Agreement with ELB for A/V Equipment and Services)
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Packet Pg. 291 Attachment: FY25-26 Oaks Initiative - ELB (7971 : Third Modification of Agreement with ELB for A/V Equipment and Services)
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Packet Pg. 292 Attachment: FY25-26 Oaks Initiative - ELB (7971 : Third Modification of Agreement with ELB for A/V Equipment and Services)
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Packet Pg. 293 Attachment: Levine Act Form - ELB (7971 : Third Modification of Agreement with ELB for A/V Equipment and Services)
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Packet Pg. 294 Attachment: Levine Act Form - ELB (7971 : Third Modification of Agreement with ELB for A/V Equipment and Services)
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Packet Pg. 295 Attachment: Levine Act Form - ELB (7971 : Third Modification of Agreement with ELB for A/V Equipment and Services)
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Packet Pg. 296 Attachment: Levine Act Form - ELB (7971 : Third Modification of Agreement with ELB for A/V Equipment and Services)
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Packet Pg. 297 Attachment: Levine Act Form - ELB (7971 : Third Modification of Agreement with ELB for A/V Equipment and Services) City Council
Report
City Council Meeting: October 27, 2026
Agenda Item: 4.H
1 of 5
To: Mayor and City Council
From: Christopher Dishlip, Director of Public Works, Facilities Maintenance Division Subject: Approval of Second Modification to Agreement #10729 and Second Modification to Agreement #11167 with Pumpman, LLC for Ongoing and Emergency Repair and Maintenance Services for Facilities and Building Pump Systems and Wastewater Pump Systems for the Public Works Department
Recommended Action
Staff recommends that the City Council:
1. Adopt a finding of categorical exemption pursuant to Section 15301 (Existing Facilities) of the California Environmental Quality Act (CEQA) Guidelines;
2. Authorize the City Manager to execute a second modification to agreement #10729 in the amount of $330,000 with PumpMan, LLC for ongoing and emergency repair pump services for the Public Works Department. This will result in an amended eight-year and-six-month agreement with a new total amount not to exceed $1,384,093, with future year funding contingent on Council budget approval; and
3. Authorize the City Manager to execute a second modification to agreement #11167 in the amount of $500,000 with PumpMan, LLC for sewage pump maintenance and repair services for the Public Works Department. This will result in a six-year amended agreement with a new total amount not to exceed $2,250,000 with future year funding contingent on Council budget approval.
Summary
PumpMan, LLC provides essential pump maintenance and repair services for stormwater, groundwater, sewage pumps, chemical pumps, pool pumps, building pumps, and associated control panels at City of Santa Monica (City) facilities. Recent pump failures and required emergency work are rapidly exhausting the existing spending authority. Staff recommends increasing agreement #10729 with PumpMan, LLC by $330,000, for a revised total amount not to exceed $1,384,093 to complete the
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needed work, maintain regulatory compliance, and ensure continued operation of pump systems with a revised term ending on July 1, 2027. Staff also recommends increasing agreement #11167 with PumpMan, LLC by $500,000 and extending the term an additional six months while these services are being bid, for a revised term of six years and a total amount not to exceed $2,250,000 to perform routine pump maintenance, maintain regulatory compliance, and ensure continued safe operations of pump systems. The modifications are needed while City staff conduct the procurement process for pump maintenance and repair services.
Discussion
City Council previously awarded two agreements to PumpMan, LLC for: (1) facilities and building pump services, and (2) wastewater pump services. Staff recommends modifying both agreements to allow routine maintenance and repair services to continue while the City completes its current procurement process for pump maintenance and repair services. Procurement, Council award, and contract execution are expected to be completed in the spring of 2027.
Building and Facilities
On August 14, 2018, City Council awarded Bid #4348 to PumpMan, LLC, and authorized the execution of agreement #10729. The services provided under this contract support building and facility operations for stormwater, groundwater, sewage pumps, chemical pumps, pool pumps, control panels, and associated pump system equipment These systems are essential to the reliable operation of City facilities and require ongoing preventive maintenance, emergency repairs, and timely response to equipment failures. Over the course of the agreement, and particularly in recent months, Facilities Maintenance staff have documented an increase in pump failures due to aging components and mechanical wear. Several urgent repairs are ongoing or anticipated, and the remaining contract authority is now insufficient to cover required work. The proposed contract amendment would allow PumpMan, LLC to perform the following tasks:
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• Preventative maintenance work to reduce future emergencies or urgent incidents.
• Technical labor necessary to restore stable and compliant operations. • Emergency or urgent pump repair work in response to recent system failures. • Replacement of deteriorated mechanical components nearing failure.
To ensure adequate funding remains available for ongoing maintenance and unforeseen urgent repair work while these services are procured and awarded, a modification for additional spending authority is recommended. The proposed modification would result in a total contract amount not to exceed $1,384,093. This additional authority is necessary to maintain uninterrupted service, protect City assets, and mitigate potential public health and safety impacts during the transition to a new contract.
Wastewater
On June 22, 2021, City Council awarded Bid #3311 to PumpMan, LLC to repair and maintain wastewater pumps for the City’s Wastewater Division. These wastewater pumps help process raw sewage and urban run-off water and are an integral part of the City’s wastewater collection system. The contractor assigned to service these pumps must be certified, have specialized knowledge of wastewater equipment and operations, and be able to respond 24/7 to emergency repair needs. Staff also recommends modifying agreement #11167 with PumpMan, LLC by $500,000 and extending the term an additional six months while this service is being bid, for a revised term of six years and a total amount not to exceed $2,250,000.
Environmental Review
The proposed action is categorically exempt from the California Environmental Quality Act (CEQA) pursuant to Section 15301 (Existing Facilities) of the CEQA Guidelines.
Section 15301 provides a Class 1 exemption for projects consisting of the operation, repair, maintenance, leasing, licensing, permitting, or minor alteration of existing public
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or private structures, facilities, mechanical equipment, or topographical features, involving negligible or no expansion of the existing or former use.
The proposed contract amendment would support ongoing pump maintenance and repair services for stormwater, groundwater and sewage pumps, chemical pumps, pool pumps, control panels, and associated pump equipment systems existing systems at City facilities. These activities would not result in modifications that expand or materially change the use of the facilities. Instead, the work would maintain and repair existing systems to ensure their continued safe and efficient operation. Therefore, the proposed action is categorically exempt under Section 15301 of the CEQA Guidelines. This action is not a project within the meaning of CEQA because it involves continued maintenance and repair of existing facilities. No additional environmental review is required.
Past Council Actions
Meeting Date Description
8/14/2018 (Attachment A) Bid Award for Pump Maintenance and Repair Services 6/22/2021 (Attachment B) Bid #4411 Award for Sewage Pump Maintenance and Repair Services
Financial Impacts and Budget Actions
Staff seeks authority to approve available funding from the General Fund to increase the amount of agreement #10729 (CCS) with PumpMan, LLC for pump maintenance and repair services for stormwater, groundwater and sewage pumps, chemical pumps, pool pumps, control panels, and associated pump equipment systems at City of Santa Monica facilities. The cost is allocated to each department as needed and only if funding is available. Future year funding is contingent on Council budget approval.
Contract #10729 (CCS) Modification Request
Current Authorized
Amount
FY 2026-27
Request Amount
Department
Account #
Total Revised
Contract Amount
$1,054,093 $330,000 01500020.529480 $1,384,093
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In addition, staff seeks authority to approve available funding from the Wastewater Fund to increase the amount of agreement #11167 (CCS) for sewage pump maintenance and repair services. Future year funding is contingent on Council budget approval.
Contract #11167 (CCS) Modification Request
Current Authorized
Amount
FY 2026-27
Request Amount
Department
Account #
Total Revised
Contract Amount
$1,750,000 $500,000 51500001.550010 $2,250,000
Prepared By: Shidan Adlparvar, Facilities Services Administrator Approved Forwarded to Council
Attachments:
A. August 14, 2018 Staff Report (web link)
B. June 22, 2021 - Staff Report (web link)
C. OAKS INITIATIVE FORM - PUMPMAN LLC
D. Levine Act Disclosure Form 2025_3-27-25
E. _Executed Contract PumpMan
F. _EXECUTED_Mod_1_Pumpman
G. CT 11167 (CCS) - Original (Pumpman)
H. CT 11167 (CCS) - Mod 1 (Pumpman)
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CITY OF SANTA MONICA
OAKS INITIATIVE NOTICE
NOTICE TO APPLICANTS, BIDDERS, PROPOSERS
AND OTHERS SEEKING DISCRETIONARY PERMITS, CONTRACTS,
OR OTHER BENEFITS FROM THE CITY OF SANTA MONICA
Santa Monica’s voters adopted a City Charter amendment commonly known as the Oaks Initiative. The Oaks Initiative requires the City to provide this notice and information about the Initiative’s requirements. You may obtain a full copy of the Initiative’s text from the City Clerk.
This information is required by City Charter Article XXII—Taxpayer Protection.
It prohibits a public official from receiving, and a person or entity from conferring, specified personal benefits or campaign advantages from a person or entity after theofficial votes, or otherwise takes official action, to award a “public benefit” to that person or entity. The prohibition applies within and outside of the geographical boundaries of SantaMonica.
All persons or entities applying or receiving public benefits from the City of Santa Monica shall provide the names of trustees, directors, partners, and officers, and names of persons with more than a 10% equity, participation or revenue interest. An exception exists for persons serving in those capacities as volunteers, without compensation, for organizations exempt from income taxes under Section 501(c)(3), (4), or (6), of the Internal Revenue Code. However, this exception does not apply if the organization is a political committee or controls political committees.
Examples of a “public benefit” include public contracts to provide goods or services worth more than $25,000 or a land use approval worth more than $25,000 over a 12- month period.
In order to facilitate compliance with the requirements of the Oaks Initiative, theCity compiles and maintains certain information. That information includes the name of any personorpersons whois seeking a “publicbenefit.” If the“public benefit” is sought by an entity, ratherthan an individual person, the information includes the nameof everyperson who is: (a) trustee, (b) director, (c) partner, (d) officer, or has (e) more than a ten percent interest in the entity. Therefore, if you are seeking a “public benefit” covered by the Oaks Initiative, you must supply that information on the Oaks Initiative Disclosure Form. This information must be updated and supplied every 12 months.
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Packet Pg. 303 Attachment: OAKS INITIATIVE FORM - PUMPMAN LLC (7993 : Modification to Pumpman Contract 10729)
CITY OF SANTA MONICA
OAKS INITIATIVE DISCLOSURE FORM
In order to facilitate compliance with the requirements of the Oaks Initiative, the City compiles and maintains certain information. That information includes the name of any person or persons who is seeking a “public benefit.” If the “public benefit” is sought by an entity, rather than an individual person, the information includes the name of every person who is: (a) trustee, (b) director, (c) partner, (d) officer, or has (e) more than a ten percent interest in the entity.
Public benefits include:
1. Personal services contracts in excess of $25,000 over any 12-monthperiod;
2. Sale of material, equipment or supplies to the City in excess of $25,000 over a 12- month period;
3. Purchase, sale or lease of real property to or from the City in excess of $25,000 over a 12- month period;
4. Non-competitive franchise awards with gross revenue of $50,000 or more inany 12-month period;
5. Land use variance, special use permit, or other exception to an established land use plan, where the decision has a value in excess of $25,000;
6. Tax “abatement, exception, or benefit” of a value in excess of $5,000 in any 12- month period; or
7. Payment of “cash or specie” of a net value to the recipient of $10,000 in any 12- month period.
Name(s) of persons or entities receiving public benefit:
Name(s) of trustees, directors, partners, and officers:
Name(s) of persons with more than a 10% equity, participation, or revenue interest:
Prepared by: Title:
Signature: Date:
Email: Phone:
Permit #
FOR CITY USE ONLY:
Bid/PO/Contract #
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Packet Pg. 304 Attachment: OAKS INITIATIVE FORM - PUMPMAN LLC (7993 : Modification to Pumpman Contract 10729)
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City of
Santa
Monica
CITY OF SANTA MONICA
CALIFORNIA LEVINE ACT DISCLOSURE
The Levine Act prohibits City Officers from participating in any action related to a contract, license, permit, or entitlement if such Officer received campaign contributions totaling more than $500 within the previous twelve months, and for twelve months following the date of a final decision, from a party or participant to the proceeding, or their agent.
Section 84308(a)(4) of the Levine Act defines an "Officer" as follows: "Officer" means any elected r appointed officer of an agency, any alternate to an elected or appointed officer of an agenc nd any candidate for elective office in an agency. The term "Officer" is further defined 2 Ca Code Regs. Section 18438.1, which states:
An officer of an agency includes only those persons who make, participate in making, or in any way attempt to use their official position to influence a decision in the license, permit, (7993: Modification to Pumpman Contract 10729) or entitlement for use proceeding, or who exercise authority or budgetary control over the agency or officers who may do so, and:
(1) Serve in an elected position, including an official appointed to an elected position due to an interim vacancy or an election otherwise canceled because the official was the sole candidate for the position;
(2) Serve as a member of a board or commission;
(3) Serve as the chief executive of a state agency, or county, city or district of any kind; or (4) Have decision making authority with respect to the proceeding involving a license, permit, or other entitlement for use and is also a candidate for elected office or has been a candidate for elective office in the 12 months prior to the proceeding.
A list of Santa Monica Elected Officials and members of boards and commissions can be found at the following links. The party making this certification is responsible for determining whether a recipient of a political contribution is a City Officer prior to completing this form. https://www.smgov.net/departments/council/
https://www.santamonica.gov/departments/rent-control
https://www.smgov.net/boards/
Have you, your company, or any agent on behalf of you or your company, made any political contributions of more than $500 to any City Officer in the twelve months preceding the date of the submission of your application or proposal? •YES XNO
Name of Councilmember or City Officer: Attachment: Levine Act Name of Contributor:
Date(s) of Contribution(s):
Amounts)
Please specify below and/or add additional sheets) to identify additional Councilmembers or City Officers to whom you and/or your agents made campaign contributions.
City of Santa Monica Levine Act Disclosure Form
Packet Pg. 305
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City of
Santa
Monica
Answering YES does not preclude the City of Santa Monica from awarding a contract, license, permit, or entitlement or taking any subsequent action related to the item. It does, however, preclude the identified City Officer from participating in any actions related to such item.
By signing below, you certify you also agree to disclose to the City any future contributions made to Councilmembers or other City Officers by you or your agents) after the date of signing this disclosure form, and within 12 months following the approval, renewal, or extension of the requested contract, license, permit, or entitlement.
I HEREBY CERTIFY UNDER PENALTY OF PERJURY UNDER THE LAWS OF THE STATE OF CALIFORNIA THAT THE FOREGOING IS TRUE AND CORRECT.
signed: Bustfells 8/26/2026
Date:
Ben Rice General Manager
Print Name: Title:
PumpMan LLC
Company:
Additional Disclosures:
Attachment: Levine Act Disclosure Form 2025_3-27-25 (7993 : Modification to Pumpman Contract 10729) Please note this form is a public record and subject to a California Public Records Act request.
City of Santa Monica Levine Act Disclosure Form
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City of SANTA MONICA CITY ATTORNEY'S OFFICE
Santa
Monica
TO: Public
FROM: City Attorney's Office
RE: Levine Act Disclosure Form
The Levine Act (Government Code 84308) is a California law aimed at preventing "pay to umpman Contract 10729) blay" practices by prohibiting parties, participants, and their agents in a proceeding nvolving a license, permit, or other entitlement from contributing more than $500 to an officer of the City during a 12-month period. The prohibition applies to any 12-month beriod while the proceeding is pending and for 12 months following the date a final decision is rendered in the proceeding.
State law requires a party to a proceeding to disclose any contributions exceeding an aggregate $500 that the party and their agents have made to an officer of the City within (7993 : Modification to P the preceding 12 months. The Disclosure Form is intended to assist City officials with recognizing when they have an obligation to disclose and recuse themselves, and to aid parties with their disclosure obligations.
1. To what sort of proceedings is the disclosure form applicable? The Levine Act applies to all discretionary entitlements and contracts, with the exception of labor contracts, personal employment contracts, and contracts that must be awarded to the lowest responsive/responsible bidder. It does not apply to ministerial approvals.
For instance, the Levine Act applies to the following:
• Building and development permits
• Conditional use permits
• Contracts generally (unless an exception applies):
• Real property contracts for purchase, sale, lease Attachment: Levine Act Disclosure Form 2025_3-27-25 • Contract amendments
• Settlement agreements
• Contracts for goods, services, professional services that are not awarded pursuant to a competitive process
• Public street abandonments
• Private development plans
Professional license revocations
Rezoning of specific real estate parcels
Event permits
• Rulemaking procedures affecting a particular industry where only a small number of businesses are affected
• Special district formation proceedings involving the creation of a special use or benefit to the person in the district
• Tentative subdivision and parcel maps
Packet Pg. 307
• 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) (7993: Modification
• Ballot measures
• Departmental policies
• Council rules
• Labor contracts and project labor agreements
• Personal employment contracts
• Allocation of resources in the City budget
Form 2025_3-27-25
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 ure 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 Attachment: Levine Act Disclos 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.
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 Packet Pg. 308
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other expenses coordinated with a candidate or committee, loans, tickets to political fundraisers, etc.
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.
When should the disclosure occur?
The Disclosure Form must be completed (1) by a party to a contract with the City (or that (7993 : Modification to Pumpman Contract 10729) 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 Attachment: Levine Act Disclosure Form 2025_3-27-25 Packet Pg. 309
Packet Pg. 310 Attachment: _Executed Contract PumpMan (7993 : Modification to Pumpman Contract 10729)
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Contract No. 10729 (CCS)
CONTRACTUAL SERVICES AGREEMENT
This Contractual Services Agreement ("Contract"), entered into this 25'M _ day of January, 2019 __ ("Execution Date"), by and between the CITY OF SANTA MONICA, a municipal corporation ("City"), and PUMPMAN LLC ("PumpMan"), is made with reference to the following:
RECITALS:
A. The City is a municipal corporation duly organized and validly existing under the laws of the State of California with the power to carry on its business as it is now being conducted under the statutes of the State of California and the Charter of the City. umpman Contract 10729) B. PumpMan is qualified to do business, and is doing business, in the State of California. ABC represents it has the background, knowledge, experience and expertise necessary to provide the services set forth in this Contract.
C. The City and PumpMan desire to enter into an agreement for the PumpMan to provide contractual services to the City as set forth herein, upon the terms and conditions set forth below.
NOW, THEREFORE, it is mutually agreed by and between the undersigned parties as (7993: Modification to follows:
TERMS AND CONDITIONS
1. Term. This Agreement begins on the Execution Date and terminates two calendar years after execution, unless sooner terminated in accordance with Section 14.
1.1 The City, in its sole and complete discretion, shall have the option to renew this agreement for up to one (1) additional three (3) period ("Extension Term"), on the same terms and conditions. The City may exercise its option by letter to PUMMAN from its City Manager, and the exercise of the option shall Executed Contract PumpMan automatically extend the term of this Agreement up through the extension period
2. PumpMan. PumpMan will perform all of the services ("Services") described in Exhibit A, Scope of Services. PumpMan will complete the Services in accordance with Exhibit B, Budget.
3. City Services. The City agrees to: Attachment:
3.1 Make available to PumpMan any currently existing documents, data or information required for the performance of the Services.
3.2 Designate a representative authorized to act on behalf of City.
3.3 Promptly examine and render findings on all documents submitted for staff review by PumpMan.
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4. Compensation. The City will compensate PumpMan for the Services performed in an amount not to exceed ($431,356), for the Term of this agreement. The total amount of compensation for Services Rendered during the Term and Extended Term, if any, shall not exceed ($1,054,093), as set forth in Exhibit B.
5. Invoices. PumpMan will invoice the City for the Services in accordance with Exhibit B and the City will pay any undisputed amount within 30 days of receipt.
6. Notices. All notices, demands, requests or approvals to be given under this Agreement, must be in writing and will be deemed served when delivered personally, by email, or on the third business day after deposit in the United States mail, postage prepaid, registered or certified, addressed as follows:
6.1 All notices, demands, requests or approvals to the City:
Facilities Maintenance/Public Works
City of Santa Monica
2500 Michigan Ave. Bldg. 6
Santa Monica, California 90404
Attention: Armando Plata
Re: Contract No. 10729
Executed Contract PumpMan (7993 : Modification to Pumpman Contract 10729) with a copy to:
Santa Monica City Attorney's Office
1685 Main Street, Third Floor
Santa Monica, California 90401
Attention: City Attorney
Re: Contract No. 10729
6.2 All notices, demands, requests or approvals to ABC:
PumpMan
5020 Bleeker Street
Baldwin Park, CA 91706
Attention: Elton G. Link
Tel.: 626-939-0300
Re: Contract No. 10729 Attachment:
7. Independent Parties. Both parties to this Agreement will be acting in an independent capacity and not as agents, employees, partners, or joint venturers of one another.
Neither the City nor its officers or employees will have any control over the conduct of PumpMan or any of PumpMan's agents, employees, or subconsultants, except as otherwise provided in this Agreement.
8. Integrated Contract. This Agreement represents the full and complete understanding of every kind or nature whatsoever between the parties. Any preliminary negotiations - 2 -
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and agreements of any kind or nature are merged into this Agreement. No oral agreement or implied covenant may be held to vary the provisions of this Agreement.
This Agreement may be modified only by written agreement signed by City and PumpMan and approved as to form by the City Attorney.
9. Insurance. Prior to commencing work, PumpMan must procure, maintain and pay for insurance against claims for injuries to persons or damage to property that may arise from or in connection with the performance of the Services by PumpMan or PumpMan's agents, representatives, employees or subconsultants for the duration of this Agreement. PumpMan must obtain insurance that, at a minimum, meets the requirements for insurance set forth in Exhibit C, Insurance Requirements and Verifications.
10. Defense and Indemnification.
10.1 PumpMan agrees to defend, indemnify, protect, and hold harmless the City, its agents, officers, boards and commissions, and employees (collectively, "City") from and against any and all liability, claims, demands, damages, or costs, including but not limited to attorney's fees, or payments for injury to any person or property (collectively, "Losses") caused or claimed to be caused by the act, errors, and/or omissions of PumpMan, or PumpMan's employees, agents, officers, and subconsultants. ABC's responsibilities under this Section 10.1 Executed Contract PumpMan (7993: Modification to Pumpman Contract 10729) include liability arising from, connected with, caused by, or claimed to be caused by the active or passive negligent acts or omissions of the City, which may be in combination with the acts or omissions of PumpMan, its employees, agents or officers, or subconsultants; provided, however, that PumpMan's duty to defend, indemnify, protect and hold harmless shall not include any Losses arising from the sole negligence or willful misconduct of the City.
Notwithstanding PumpMan's obligation to defend City hereunder, City has the right to conduct its own defense and seek reimbursement for reasonable costs of defense from PumpMan, if City chooses to do so.
10.2 Enforcement Costs. PumpMan agrees to pay any and all costs the City incurs enforcing the indemnity, defense and hold harmless provisions set forth in Section 10.1.
11. Prohibition Against Transfers.
Attachment:
11.1 PumpMan may not assign, hypothecate, or transfer this Agreement or any interest therein directly or indirectly, by operation of law or otherwise without the prior written consent of City. Any attempt to do so without the City's consent will be null and void, and any assignee, hypothecatee or transferee acquires no right or interest by reason of such attempted assignment, hypothecation or transfer.
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11.2 The sale, assignment, transfer or other disposition of any of the issued and outstanding capital stock of PumpMan or of any general partner or joint venturer or syndicate member of PumpMan, if a partnership or joint venture or syndicate exists, which results in changing the control of PumpMan, will be construed as an assignment of this Agreement. Control means 50% or more of the voting power of the corporation.
12. Permits and Licenses. PumpMan, at its sole expense, must obtain and maintain during the term of this Agreement all required business and professional permits, licenses and certificates.
13. Waiver. A waiver of any breach of this Agreement may not be deemed a waiver of any subsequent breach of the same or any other term, covenant, or condition of this Agreement.
14. Default and Termination.
(7993: Modification to Pumpman Contract 10729)
14.1 If PumpMan fails or refuses to perform any of the provisions of this Agreement, and if the default is not cured within a period of five days after the City's written notice of default specifying the nature of the default, City may immediately terminate this Agreement by written notice to PumpMan.
14.2 The City has the option, at its sole discretion and without cause, of terminating this Agreement by giving ten days' written notice to PumpMan. Upon termination of this Agreement, City will pay PumpMan any compensation earned and unpaid up to the effective date of termination.
15. Compliance with Law. PumpMan must comply with all laws of the State of California and the United States, and all ordinances, rules and regulations enacted or issued by City.
16. Discrimination. PumpMan may not discriminate in the provision of services Executed Contract PumpMan hereunder because of race, color, religion, national origin, ancestry, sex, age, sexual orientation, marital status, AIDS or disability.
17. Nuisance. PumpMan may not maintain, commit, or permit the maintenance or commission of any nuisance in connection with the performance of services under this Agreement.
18. Records.
Attachment:
18.1 PumpMan must maintain complete and accurate records with respect to costs, expenses, receipts and other such information required by the City for any services provided where compensation is on the basis of hourly rates, subconsultant costs, or other direct costs. PumpMan must keep the records, together with supporting documents, separate from other documents and records and maintain them for a period of three years after receipt of final payment.
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18.2 PumpMan must maintain records in sufficient detail to permit an evaluation of the Services and in accordance with generally accepted accounting principles.
PumpMan must clearly identify all records and make them readily accessible to the City. At the City's request, PumpMan must provide records in an electronic format and, if necessary, access to any proprietary software to view such electronic records.
18.3 PumpMan must allow the City to have free access to PumpMan's books and records and to inspect all work, data, documents, proceedings and activities related to this Agreement. The City has the right to examine or audit PumpMan's records, and PumpMan agrees to cooperate with any examination or audit of its records. If a City audit discloses an error of 5% or more in umpman Contract 10729) information reported by PumpMan, PumpMan agrees to pay the cost of the City's audit computed on the basis of four times the direct payroll of the audit staff completing the audit and audit report.
19. Work Product; Reports.
19.1 Any work product prepared or caused to be prepared by PumpMan or any subconsultant for this Agreement will be the exclusive property of City. No work product given to or prepared by PumpMan or any subconsultant pursuant to 7993 : Modification to this Agreement may be made available to any individual or organization by PumpMan without prior written approval by City.
19.2 At the City's request, PumpMan must furnish reports concerning the status of the Services.
20. Standard of Care. PumpMan agrees to provide all Services, including services PumpMan performed by any subconsultant, in a manner consistent with the level of care and skill ordinarily exercised by members of PumpMan's profession currently practicing in the same locality under similar conditions.
21. Subconsultants.
21.1 If PumpMan proposes to have any subconsultant perform any part of the Executed Services, PumpMan must submit a request for approval in writing, describing the scope of work to be subcontracted, the name of the proposed subconsultant, and the total price or hourly rates used in preparing an estimated cost for the subconsultant's services. The City, in its sole discretion, may grant or deny the Attachment:
request.
21.2 PumpMan will be responsible for the quality of any subconsultant's work. Every subcontract or agreement of any kind entered into between PumpMan and any subconsultant (or between any subconsultant and others) must contain the - 5-
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following provision:
This agreement is consistent with all terms and conditions of the Agreement No. 10729 entered into between the City of Santa Monica and PumpMan on
22. Governing Law. The laws of the State of California, without regard to any choice of law provisions, will govern this Agreement.
23. Venue and Jurisdiction. The City and PumpMan agree that the Services will take place in Los Angeles County. Any litigation arising out of this Agreement may only be brought in either the United States District Court, Central District of California, or the Superior Court of California, County of Los Angeles, West District, as Pumpman Contract 10729) appropriate. The parties agree that venue exists in either court, and each party expressly waives any right to transfer to another venue. The parties further agree that either court will have personal jurisdiction over the parties to this Agreement.
24. Survival of Provisions and Obligations. Any provision of this Agreement, which by its nature must be exercised after termination of this Agreement, will survive termination and remain effective for a reasonable time. Any obligation that accrued prior to termination of this Agreement will survive termination of this Agreement. (7993 : Modification to
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Attachment: _Executed Contract PumpMan
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25. Exhibits. The following exhibits are incorporated by reference into this Contract as though fully set forth herein.
Exhibit A Scope of Services
Exhibit B Budget
Exhibit C Insurance Requirements
In witness whereof, the parties have caused this Agreement to be executed the day and year first above written.
CITY OF SANTA MONICA,
ATTEST: a municipal corporation
Tick Ob
By: _
DENISE ANDERSON-WARREN RICK COLE
City Clerk City Manager
APPROVED AS TO FORM:
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LANE DILG
City Attorney PUMPMAN LLC
Slumth
lame: EHon G. Link
Title: General Manager.
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Exhibit A
Scope of Services
General. PumpMan shall provide preventative maintenance and repairs to storm water, groundwater & sewage pumps, chemical pumps, pool pumps, control panels plus associated pump equipment systems at City of Santa Monica facilities, as required by Facilities Maintenance Division.
Emergency Repairs Availability, Response Time, Dispatching Services. PumpMan shall have the ability to respond to emergency repair requests on a 24/7 basis. In the event an emergency malfunction occurs between regular hours and after hours, PumpMan shall provide a technician/mechanic to perform emergency callback service within four (4) hours of emergency notification. Emergency call back shall be billed per the pricing sheet listed in Exhibit B Budget.
Facility Access, Security Procedures, Keys, Alarm Codes. Access to City facilities shall be in accordance with instructions, issued by the City's representative(s). PumpMan shall secure the building premises as directed after service and repairs are performed. Access to certain sites may require PumpMan's staff to undergo a background check.
Repair Work, Additional Services. Shall be quoted on an individual basis, as needed. No work Executed Contract PumpMan (7993 : Modification to Pumpman Contract 10729) shall be performed without prior approval from Facilities Maintenance. The City reserves the right to accept or deny any services quoted. The City reserves the right to use other vendors for services beyond the scope of work mentioned herein.
Reporting. PumpMan shall submit signed and dated written service and repair reports performed for each site and equipment covered under the scope of this bid. PumpMan shall maintain maintenance logs and inspection reports on-site and at the PumpMan's office. During the term of the agreement, PumpMan shall maintain callback and repair data, a record of routine examinations, and periodically conduct field audits of personnel to maintain high maintenance program standards.
Safety Requirements, Materials Disposal. PumpMan shall perform all work to meet or exceed all accepted standards for safe hazardous material handling. PumpMan shall remove any trash or waste materials/liquids generated by service(s) and or repairs. The City's representatives) reserves the right to issue restraint or cease orders if unsafe or harmful acts are observed or reported.
Attachment:
Service Call Confirmations. PumpMan shall send confirmation and reminder emails or faxes listing pricing and date of service to designated City representatives prior to performing any work.
Service/Schedule Changes and Amendments. The City's representative(s) may modify these specifications and service frequencies with reasonable notice to PumpMan. Should certain sites be vacated, or equipment placed out of service, PumpMan shall cease service and shall not charge the City for services if reasonable notice is provided by the City. Additional services requested by the City, such as new locations, may be added at the same price rates offered in Packet Pg. 317
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this bid. The City reserves the right to change service and repair dates and times to meet the needs of the City operations with reasonable notice provided to PumpMan.
Subcontractors. PumpMan shall provide at least a 48 hour notice to the City's representative(s) if a subcontractor is to be used for work. The City reserves the right to reject any subcontractor. Subcontractor's insurance (in compliance with the bid requirements) must be on file with the City's Finance Department prior to the commencement of any work.
Warranty. PumpMan shall provide a minimum warranty covering materials for service calls and repairs. PumpMan shall be solely responsible, and at no cost to the City, for any return trips to complete service or repairs.
CONTRACTORS LICENSE / REGISTRATION WITH THE STATE OF CALIFORNIA staff must be qualified/certified to perform confined space work. PumpMan if required, shall maintain a valid registration as a Public Works contractor on the Department of Industrial Relations website: http://www.dir.ca.gov/Public•Works/PublicWorks.html Prevailing Wage / Certified Payroll Records. PumpMan shall perform all services under this contract under prevailing wage. Certified payroll records shall be submitted electronically via the State Department of Industrial Relations' electronic Certified Payroll Reporting (eCPR) system, and if requested, to Facilities Maintenance staff. Executed Contract PumpMan (7993 : Modification to Pumpman Contract 10729) Waste Materials Disposal. PumpMan shall remove any trash, unused materials and waste materials/liquids generated by service(s) and/or repairs under this contract unless otherwise specified by the City's representative(s).
Parking. The City shall provide parking validations, when reasonably available, to PumpMan as permitted by the City's Parking Operations. The City reserves the right to stop providing parking validation at any time during the term of this agreement. The City will not be responsible for any parking fees incurred.
Preventative Maintenance Minimum Requirements. PumpMan shall provide the services indicated below for all locations assigned equipment/systems. The scope of work includes but is not limited to vendor furnishing all labor, equipment, and materials, supervision and appurtenances necessary to provide Pump Systems Preventative Maintenance & Repair Services.
Place company sticker on equipment and mark the service date.
Inspect pump for defects and ensure all equipment is in proper working order.
Lubricate as needed. Attachment: _
• Clean and remove any buildup of debris in wet well and on equipment (pumps, floats and controls). Test and provide service to pump and float switches. • Calibrate and check controls to ensure that equipment is functioning at the right times and intervals.
• Provide diagnostic testing of control panel equipment and perform a functional test of audible and visual signaling devices and auto-switches. Return all controls/switches to original position or per the manufacturer's directions.
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• Check pump motors for resistance values utilizing meg-ohm meter. Compare actual amperage drawn from pump motors with manufacture's full load amperage ratings. • Test run storm system pumps/motors at predetermined dates. • Upon work completion, deliver a signed & dated inspection & test report to Facilities Maintenance documenting work completed and any repair/operational recommendations. Provide photograph copies of equipment before and after service along with the service report for each location. Keep copies of reports at vendor's office. • Provide vacuum trailer/pump truck service if required per the pricing sheet.
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Exhibit B
Budget
I. Labor Rates: Jobs shall be quoted individually with specifications provided by Facilities Maintenance staff using the labor rates noted below (per Bid 4348):
Exhibit 1.1 Animal Shelter 1640 9th St.
Work Description Year 1 Year 2* Year 3* Year 4* Year 5* 1 Duplex Storm Water
System-Kennel Drain $ 3,070.00 $ 3,377.00 $ 3,714.70 $ 4,086.17 $ 4,494.79 (2x/year)
*10% increase per year
Exhibit 1.2 Annenberg Beach House 415 Pacific Coast Hwy Work Description Year 1 Year 2* Year 3* Year 4* Year 5* 2 Duplex Sewage
Systems, North and
South Sand & Debris
Catch Basins, 5 Simplex $ 26,022.00 28,624.20 $ 31,486.62 $ 34,635.28 $ 38,098.81 Executed Contract PumpMan (7993 : Modification to Pumpman Contract 10729) Pool Pump Systems,
Pumper Truck Vacuum
Cleaning (2x/year)
*10% increase per year
Exhibit 1.3 City Yard Parking Lot 2500 Michigan Ave
Work Description Year 1 Year 2* Year 3* Year 4* Year 5* 1 Simplex Storm Water
System, Pumper Truck $ 31,952.52
$ 21,824.00 $ 24,006.40 $ 26,407.04 $ 29,047.74
Vacuum Cleaning
(4x/year)
*10% increase per year
Exhibit 1.4 City Yard Fire Training Area 2500 Michigan Ave Work Description Year 1 Year 2* Year 3* Year 4* Year 5* Attachment: _ 1 Duplex Storm Water $ 6,140.00 $ 6,754.00 $ 7,429.40 $ 8,172.34 $ 8,989.57 System (4x/year)
*10% increase per year
Exhibit 1.5
Civic Center Parking Structure 1730 4th St.
Work Description Year 1 Year 2* Year 3* Year 4* Year 5* Packet Pg. 320
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| 1 Duplex Storm Water
System SP 182, 1
Duplex Sewage System
$ 3,070.00 $ 3,377.00 $ 3,714.70 $ 4,086.17 $ 4,494.79
Ep 1&2, 1 Duplex
Condensate Pump
System (2x/year)
*10% increase per year
Exhibit 1.6 Civic Auditorium 1855 Main St.
Work Description Year 1 Year 2* Year 3* Year 4* Year 5* 1 Duplex Sewage
System, Pumper Truck 6,398.48
Vacuum Cleaning $ 5,288.00 $ 5,816.80 $ $ 7,038.33 $ 7,742.16 L(2x/year)
*10% increase per year
7993 : Modification to Pumpman Contract 10729)
Exhibit 1.7 Ken Edward Center 1527 4th St.
Work Description Year 1 Year 2* Year 3* Year 4* Year 5* 1 Duplex Storm Water
$ 3,070.00 $ 3,377.00 $ 3,714.70 $ 4,086.17 $ 4,494.79
System (2x/year)
*10% increase per year
Exhibit 1.8 Main Library 601 Santa Monica Blvd.
Work Description Year 1 Year 2* Year 3* Year 4* Year 5* 1 Duplex Water
Booster System, 1
Duplex Sewage System,
1 Duplex Storm Water
System, 1 Quadraplex $ 18,750.00 $ 20,625.00 $ 22,687.50 $ 24,956.25 $ 27,451.88 Cistern System, 1 Executed Contract PumpMan
Irrigation Booster
System, Pumper Truck
Vacuum Cleaning
(2x/year)
*10% increase per year
Exhibit 1.9 Miles Playhouse 1150 Lincoln Ave Attachment: _ Work Description Year 1 Year 2* Year 3* Year 4* Year 5* 1 Duplex Sewage
System (2x/year) $ 3,596.00 $ 3,955.60 $ 4,351.16 $ 4,786.28 $ 5,264.90 *10% increase per year
Exhibit 1.10 Ocean Park Library 2601 Main St.
Work Description Year 1 Year 2* Year 3* Year 4* Year 5* Packet Pg. 321
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| 2 Duplex Sewage
Systems, Pumper Truck
Vacuum Cleaning $ 6,648.00 $ 7,312.80 $ 8,044.08 $ 8,848.49 $ 9,733.34 (2x/year)
*10% increase per year
Exhibit 1.11 Parking Structure #1 1234 4th St.
Work Description Year 1 Year 2* Year 3* Year 4* Year 5* 2 Simplex Storm Water
Pump Systems North
and South 1 Per $ 1,195.00 $ 1,314.50 $ 1,445.95 $ 1,590.55 $ 1,749.60 Elevator Room
(1x/year)
*10% increase per year
Exhibit 1.12 Parking Structure #3 1320 4th St.
Work Description Year 1 Year 2* Year 3* Year 4* Year 5* 2 Simplex Storm Water
Pump Systems North
and South 1 Per $ 1,195.00 $ 1,314.50 $ 1,445.95 $ 1,590.55 $ 1,749.60 Elevator Room
(1x/year) Executed Contract PumpMan (7993 : Modification to Pumpman Contract 10729) *10% increase per year
Exhibit 1.13 Parking Structure #4 1321 2nd St.
Work Description Year 1 Year 2* Year 3* Year 4* Year 5* 2 Duplex Storm Water
Pump Systems $ 1,195.00 $ 1,314.50 $ 1,445.95 $ 1,590.55 $ 1,749.60 (1x/year)
*10% increase per year
Exhibit 1.14 Parking Structure #6 1440 4th St.
Work Description Year 1 Year 2* Year 3* Year 4* Year 5* 2 Duplex Storm Water
Pump Systems $ 1,195.00 $ 1,314.50 $ 1,445.95 $ 1,590.55 $ 1,749.60 (1x/year)
*10% increase per year
Attachment:
Exhibit 1.15 Parking Structure #9 1136 4th St.
Work Description Year 1 Year 2* Year 3* Year 4* Year 5* 2 Duplex Storm Water
Pump Systems $ 1,195.00 $ 1,314.50 $ 1,445.95 $ 1,590.55 $ 1,749.60 (1x/year)
*10% increase per year
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Exhibit 1.16 Pier 200 Santa Monica Pier
Work Description Year 1 Year 2* Year 3* Year 4* Year 5* Pier West End Fish
Cleaning Station 1
Duplex Sewage System,
Pier Bike Path Under
Pier 2 Simplex Storm 16,962.00 $ 18,658.20 $ 20,524.02
$ 15,420.00 $ $ 22,576.42
Water Systems, Pier
Central Restroom 1
Sand Catch Basin,
Pumper Truck Vacuum
Cleaning (2x/year)
*10% increase per year
Exhibit 1.17 Public Safety Facility 333 Olympic Drive
Work Description Year 1 Year 2* Year 3* Year 4* Year 5* 1 Duplex Storm Water
B2 Stairwell, 1 Duplex
Sewage B2 Jail, 1
Duplex Storm Water, 1 $ 13,262.00 $ 14,588.20 $ 17,651.72 $ 19,416.89 $ 16,047.02
Duplex Sewage Garage
B2 Lowest Level,
Pumper Truck Vacuum
Cleaning (2x/year)
*10% increase per year Attachment: _Executed Contract PumpMan (7993: Modification to Pumpman Contract 10729) Exhibit 1.18 Swim Center 2225 16th St.
Work Description Year 1 Year 2* Year 3* Year 4* Year 5* 2 Pool Circulation
Pumps, 2 Duplex
Ground Water Systems $ 3,070.00 $ 3,377.00 $ 3,714.70 $ 4,086.17 $ 4,494.79 (2x/year)
*10% increase per year
Exhibit 1.19 Steward/Gandara Park 1900 Stewart St.
Work Description Year 1 Year 2* Year 3* Year 4* Year 5* 1 Simplex Storm Water,
1 Debris Interceptor
System, Pumper Truck $ 5,720.00 $ 6,292.00 $ 6,921.20 $ 7,613.32 $ 8,374.65 Vacuum Cleaning
(2x/year)
*10% increase per year
Exhibit 1.20 Other Costs
Description Year 1 Year 2* Year 3* Year 4* Year 5*
Hourly Labor rate $ 170.00 $ 187.00 $ 205.70 $ 226.27 $ 248.90 Packet Pg. 323
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| OT/After-hours Labor 255.00 280.50 308.55 $ 339.41 373.35 $ $ $
Rate
Double-time Rate (per $ 340.00 $ 374.00 $ 411.40 $ 452.54 $ 497.79 hour)
*10% increase per year
**Minimum call-out charge is $300
1.21 Additional Pricing.
1.21.1 The after-hours labor rate (otherwise known as Overtime) shall be applicable for work completed Monday through Friday from 4:30p.m. Pumpman Contract 10729) to 8:30p.m., as well as the first eight hours of labor on Saturdays. The Double-time labor rate shall be applicable for work completed from 8:30pm to 6:30am Mon-Fri, as well as Saturdays after 8 hours, Sundays, and holidays.
1.21.2 Rates for equipment, materials, and reimbursables shall be indicated on individual job proposals.
1.21.3 The City will compensate PumpMan, LLC for the services performed in an amount not to exceed $431,356 over a two-year period.
1.21.4 Extension Term: (1) additional (3) year renewal option for a total amount not to exceed $1,054,093 over a five-year period.
1.22 Invoices. PumpMan, LLC shall invoice the City on a per job basis under Net 30 terms.
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Exhibit C
Insurance Requirements
Contractual Services Agreement Insurance Requirements and Verifications PumpMan shall procure and maintain for the duration of the Agreement insurance against claims for injuries to persons or damages to property that may arise from or in connection with the performance of the work hereunder by PumpMan, its agents, representatives, employees or subcontractors.
Minimum Scope and Limits of Insurance
Coverage shall be at least as broad as:
1. Commercial General Liability (CGL): Insurance Services Office Form CG 00 01 covering CGL on an "occurrence" basis, including products and completed operations, (7993 : Modification to Pumpman Contract 10729) property damage, bodily injury and personal and advertising injury, with limits of no less than $1,000,000 per occurrence. If a general aggregate limit applies, either the general aggregate limit shall apply separately to this project/location or the general aggregate limit shall be twice the required occurrence limit.
2. Automobile Liability: Insurance Services Office Form CA 00 01 covering Code 1 (any auto), or if PumpMan has no owned autos, Code 8 (hired) and Code 9 (non-owned), with limits of no less than $1,000,000 per accident for bodily injury and property damage.
3. Workers' Compensation: Workers' Compensation insurance as required by the State of California, with Statutory Limits and Employers' Liability Insurance with limits of no less than $1,000,000 per accident for bodily injury or disease (see footnote #1). Executed Contract PumpMan If PumpMan maintains higher limits than the minimums shown above, the City of Santa Monica requires and shall be entitled to coverage for the higher limits maintained by PumpMan. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to the City of Santa Monica.
Other Insurance Provisions Attachment:
1. The insurance policies are to contain, or be endorsed to contain, the following provisions:
a. Additional Insured Status (CGL): The City of Santa Monica, its officers, officials, employees and volunteers are to be covered as additional insureds on the CGL policy with respect to liability arising out of work or operations performed by or on behalf of PumpMan including materials, parts or equipment furnished in connection with such work or operations. General liability coverage can be provided Packet Pg. 325
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in the form of an endorsement to the PumpMan's insurance at least as broad as Insurance Services Office Form CG 20 10 11 85.
b. Primary Coverage (CGL and Auto): For any claims related to this Agreement, the PumpMan's insurance shall be primary as respects the City of Santa Monica, its officers, officials, employees and volunteers. Any insurance or self insurance maintained by the City of Santa Monica, its officers, officials, employees or volunteers shall be in excess of the PumpMan's insurance and shall not contribute with it.
c. Notice of Cancellation (all policies): Each insurance policy required herein shall state that coverage shall not be cancelled except after notice has been given to the umpman Contract 10729) City of Santa Monica.
d. Waiver of Subrogation (all policies): PumpMan hereby grants to the City of Santa Monica a waiver of any right of subrogation which any insurer of said PumpMan may acquire against the City of Santa Monica by virtue of payment of any loss.
PumpMan agrees to obtain any endorsement that may be necessary to affect this waiver of subrogation, but this provision applies regardless of whether or not the City of Santa Monica has received a waiver of subrogation endorsement from the 7993 : Modification to insurer.
The Workers' Compensation policy shall be endorsed with a waiver of subrogation in favor of the City of Santa Monica for all work performed by PumpMan, its employees, agents and subcontractors. umpMan
Deductibles and Self Insured Retentions
Any deductibles or self insured retentions must be declared to and approved by the City of Contract Santa Monica. The City of Santa Monica may require PumpMan to purchase coverage with a lower deductible or retention or provide satisfactory proof of ability to pay losses and related investigations, claim administration, and defense expenses within the retention. Executed Acceptability of Insurers -
Insurance is to be placed with insurers with a current A.M. Best rating of no less than A:VII, unless otherwise acceptable to the City of Santa Monica. Attachment:
Verification of Coverage
PumpMan shall furnish the City of Santa Monica with original certificates and amendatory indorsements or copies of the app
redorem erein. Al ces of thes plicablopeline language providing the in pance overage City of Santa Monica before work commences. However, failure to obtain required documents prior to the work beginning shall not waive PumpMan's obligation to provide Packet Pg. 326
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them. The City of Santa Monica reserves the right to require complete, certified copies of all required insurance policies, including the endorsements required herein, at any time.
Failure to Maintain Insurance Coverage
If PumpMan, for any reason, fails to maintain insurance coverage which is required pursuant to this Agreement, the same shall be deemed a material breach of contract. The City of Santa Monica, at its sole option, may terminate this Agreement and obtain damages trom PumpMan resulting from said breach. Alternatively, the City of Santa Monica may purchase such coverage (but has no special obligation to do so), and without further notice to PumpMan, the City may deduct from sums due to PumpMan any premium costs advanced by the City for such insurance.
Subcontractors
PumpMan shall require and verify that all subcontractors maintain insurance meeting all the requirements stated herein. All exceptions must be approved in writing by the Risk Manager.
Footnotes
# 1: Workers' Compensation insurance coverage is not required if PumpMan does not Attachment: _Executed Contract PumpMan (7993: Modification to Pumpman Contract 10729) have employees. PumpMan must, however, execute the City's Workers' Compensation Coverage Exemption Declaration Form
Packet Pg. 327
1 FIRST MODIFICATION OF AGREEMENT NO. 10729 (CCS)
This First Modification of Agreement Number 10729 (CCS) (“First Modification”), entered into as of _________________ (“Execution Date”), by and between the City of Santa Monica, a municipal corporation (“City”), and PUMPMAN LLC (PUMPMAN), is made with reference to the following:
RECITALS
A. On or about January 25, 2019, the City and PUMPMAN entered into Agreement Number 10729 (CCS) for citywide pump contractor services for maintenance and repair as required by the Facilities Maintenance Division for an amount not to ex-ceed $1,054,093 (“Original Agreement”).
B. On or about October 19, 2020, the City and Pumpman entered into a First Re-newal of Agreement Number 10729 (CCS) (“First Renewal”) which renewed the Original Agreement to extend the contract term to January 25, 2024.
C. The City and PUMPMAN desire to modify the Original Agreement to extend the agreement term.
TERMS AND CONDITIONS
Now, therefore, the undersigned parties do hereby mutually agree to modify the Origi-nal Agreement as follows:
1. Section 1 of the Original Agreement entitled “Term” shall be deleted in its entirety and replaced with the following paragraph:
Term. This Agreement begins on the Execution Date and terminates on January 25, 2027, unless terminated earlier as set forth in the Origi-nal Agreement or extended by the parties in writing.
2. Execution in Counterparts. This First Modification may be executed in counter-parts with the same effect as if both parties hereto had executed the same docu-ment. All counterparts shall be construed together and shall constitute a single modification. Any signature to this First Modification transmitted electronically through DocuSign or PDF shall be deemed an original signature and be binding upon the parties hereto (it being agreed that such electronic signature shall have the same force and effect as an original signature).
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DocuSign Envelope ID: B1EC6C07-A2AA-4E41-89AE-9326678699BB 9/12/2023
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Packet Pg. 328 Attachment: _EXECUTED_Mod_1_Pumpman (7993 : Modification to Pumpman Contract 10729) 2 3. Full Force and Effect. Except as expressly modified by this First Modification, all other terms and conditions of the Original Agreement shall be and remain in full force and effect.
IN WITNESS WHEREOF, the parties have executed this First Modification as of the date and year first written above.
ATTEST:
______________________________
DENISE ANDERSON-WARREN
City Clerk
APPROVED AS TO FORM:
______________________________
LANE DILG
City Attorney
CITY OF SANTA MONICA,
a municipal corporation
By: ______________________________
RICK COLE
City Manager
PUMPMAN Corporation
#VENDOR
By: _______________________________
DocuSign Envelope ID: B1EC6C07-A2AA-4E41-89AE-9326678699BB 9/6/2023
City Attorney
DOUGLAS SLOAN
PumpMan SoCal
Gabriel Carbajal
General Manager
9/12/2023
David White
City Manager
9/13/2023 9/12/2023
Denise Anderson-Warren
City Clerk
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Packet Pg. 329 Attachment: _EXECUTED_Mod_1_Pumpman (7993 : Modification to Pumpman Contract 10729) Contract No. 11167 (CCS)
CONTRACTUAL SERVICES AGREEMENT
This Contractual Services Agreement (“Contract”), entered into as of _________________(“Execution Date”), by and between the CITY OF SANTA MONICA, a municipal corporation (“City”), and Pumpman LLC (“Contractor”), is made with reference to the following:
RECITALS:
A. The City is a municipal corporation duly organized and validly existing under the laws of the State of California with the power to carry on its business as it is now being conducted under the statutes of the State of California and the Charter of the City.
B. Contractor is qualified to do business, and is doing business, in the State of California. Contractor represents it has the background, knowledge, experience and expertise necessary to provide the services set forth in this Contract.
C. The City and Contractor desire to enter into an agreement for the Contractor to provide contractual services to the City as set forth herein, upon the terms and conditions set forth below.
NOW, THEREFORE, it is mutually agreed by and between the undersigned parties as follows:
TERMS AND CONDITIONS
1. Term. This Agreement begins on the Execution Date and terminates on June 30, 2026, unless sooner terminated in accordance with Section 14.
2. Contractor Services. Contractor will perform all of the services (“Services”) described in Exhibit A, Scope of Services. Contractor will complete the Services in accordance with Exhibit B, Budget.
3. City Services. The City agrees to:
3.1 Make available to Contractor any currently existing documents, data or information required for the performance of the Services.
3.2 Designate a representative authorized to act on behalf of City.
3.3 Promptly examine and render findings on all documents submitted for staff review by Contractor.
4. Compensation. The City will compensate Contractor for the Services performed in an amount not to exceed ONE MILLION SEVEN HUNDRED AND FIFTY THOUSAND DOLLARS ($1,750,000), as set forth in Exhibit B.
DocuSign Envelope ID: D021945B-E668-4035-8CD9-3CC393DEC545 8/23/2021
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Packet Pg. 330 Attachment: CT 11167 (CCS) - Original (Pumpman) (7993 : Modification to Pumpman Contract 10729)
5. Invoices. Contractor will invoice the City for the Services in accordance with Exhibit B and the City will pay any undisputed amount within 30 days of receipt.
6. Notices. All notices, demands, requests or approvals to be given under this Agreement, must be in writing and will be deemed served when delivered personally, by email, or on the third business day after deposit in the United States mail, postage prepaid, registered or certified, addressed as follows:
6.1 All notices, demands, requests or approvals to the City:
City of Santa Monica
Water Resources Division
2500 Michigan Ave, Bldg. 1
Santa Monica, California 90404
Attention: Thomas Poon
Re: Contract No. 11167 (CCS)
with a copy to:
Santa Monica City Attorney’s Office
1685 Main Street, Third Floor
Santa Monica, California 90401
Attention: City Attorney
Re: Contract No. 11167 (CCS)
6.2 All notices, demands, requests or approvals to Contractor:
Pumpman
5020 Bleeker St
Baldwin Park, CA 91706
Re: Contract No. 11167 (CCS)
7. Independent Parties. Both parties to this Agreement will be acting in an independent capacity and not as agents, employees, partners, or joint venturers of one another.
Neither the City nor its officers or employees will have any control over the conduct of Contractor or any of Contractor’s agents, employees, or subcontractors, except as otherwise provided in this Agreement.
8. Integrated Contract. This Agreement represents the full and complete understanding of every kind or nature whatsoever between the parties. Any preliminary negotiations and agreements of any kind or nature are merged into this Agreement. No oral agreement or implied covenant may be held to vary the provisions of this Agreement.
This Agreement may be modified only by written agreement signed by City and Contractor, and approved as to form by the City Attorney.
DocuSign Envelope ID: D021945B-E668-4035-8CD9-3CC393DEC545
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Packet Pg. 331 Attachment: CT 11167 (CCS) - Original (Pumpman) (7993 : Modification to Pumpman Contract 10729)
9. Insurance. Prior to commencing work, Contractor must procure, maintain and pay for insurance against claims for injuries to persons or damage to property that may arise from or in connection with the performance of the Services by Contractor or Contractor’s agents, representatives, employees or subcontractors for the duration of this Agreement. Contractor must obtain insurance that, at a minimum, meets the requirements for insurance set forth in Exhibit C, Insurance Requirements and Verifications.
10. Defense and Indemnification.
10.1 Contractor agrees to defend, indemnify, protect, and hold harmless the City, its agents, officers, boards and commissions, and employees (collectively, “City”) from and against any and all liability, claims, demands, damages, or costs, including but not limited to attorney’s fees, or payments for injury to any person or property (collectively, “Losses”) caused or claimed to be caused by the act, errors, and/or omissions of Contractor, or Contractor’s employees, agents, officers, and subcontractors. Contractor’s responsibilities under this Section
10.1 include liability arising from, connected with, caused by, or claimed to be caused by the active or passive negligent acts or omissions of the City, which may be in combination with the acts or omissions of Contractor, its employees, agents or officers, or subcontractors; provided, however, that Contractor’s duty to defend, indemnify, protect and hold harmless shall not include any Losses arising from the sole negligence or willful misconduct of the City.
Notwithstanding Contractor’s obligation to defend City hereunder, City has the right to conduct its own defense and seek reimbursement for reasonable costs of defense from Contractor, if City chooses to do so.
10.2 Enforcement Costs. Contractor agrees to pay any and all costs the City incurs enforcing the indemnity, defense and hold harmless provisions set forth in Section 10.1.
11. Prohibition Against Transfers.
11.1 Contractor may not assign, hypothecate, or transfer this Agreement or any interest therein directly or indirectly, by operation of law or otherwise without the prior written consent of City. Any attempt to do so without the City’s consent will be null and void, and any assignee, hypothecatee or transferee acquires no right or interest by reason of such attempted assignment, hypothecation or transfer.
11.2 The sale, assignment, transfer or other disposition of any of the issued and outstanding capital stock of Contractor or of any general partner or joint venturer or syndicate member of Contractor, if a partnership or joint venture or syndicate exists, which results in changing the control of Contractor, will be construed as an assignment of this Agreement. Control means 50% or more of the voting power of the corporation.
DocuSign Envelope ID: D021945B-E668-4035-8CD9-3CC393DEC545
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Packet Pg. 332 Attachment: CT 11167 (CCS) - Original (Pumpman) (7993 : Modification to Pumpman Contract 10729)
12. Permits and Licenses. Contractor, at its sole expense, must obtain and maintain during the term of this Agreement all required business and professional permits, licenses and certificates.
13. Waiver. A waiver of any breach of this Agreement may not be deemed a waiver of any subsequent breach of the same or any other term, covenant, or condition of this Agreement.
14. Default and Termination.
14.1 If Contractor fails or refuses to perform any of the provisions of this Agreement, and if the default is not cured within a period of five days after the City’s written notice of default specifying the nature of the default, City may immediately terminate this Agreement by written notice to Contractor.
14.2 The City has the option, at its sole discretion and without cause, of terminating this Agreement by giving ten days’ written notice to Contractor. Upon termination of this Agreement, City will pay Contractor any compensation earned and unpaid up to the effective date of termination.
15. Compliance with Law. Contractor must comply with all laws of the State of California and the United States, and all ordinances, rules and regulations enacted or issued by City including, but not limited to, Articles 2 and 3, Division 2, Part 7, Chapter 1 of the Labor Code, State of California related to prevailing wage, apprentices, penalties and certified payroll.
16. Registration with the Department of Industrial Relations; Compliance Monitoring.
16.1 No contractor or subcontractor may be listed on a bid proposal for a public works project (submitted on or after March 1, 2015) unless registered with the Department of Industrial Relations pursuant to Labor Code section 1725.5 [with limited exceptions from this requirement for bid purposes only under Labor Code section 1771.1(a)].
16.2 No contractor or subcontractor may be awarded a contract for public work on a public works project (awarded on or after April 1, 2015) unless registered with the Department of Industrial Relations pursuant to Labor Code section 1725.5.
16.3 This project is subject to compliance monitoring and enforcement by the Department of Industrial Relations.
17. Discrimination. Contractor may not discriminate in the provision of services hereunder because of race, color, religion, national origin, ancestry, sex, age, sexual orientation, marital status, AIDS or disability.
18. Nuisance. Contractor may not maintain, commit, or permit the maintenance or commission of any nuisance in connection with the performance of services under this Agreement.
DocuSign Envelope ID: D021945B-E668-4035-8CD9-3CC393DEC545
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Packet Pg. 333 Attachment: CT 11167 (CCS) - Original (Pumpman) (7993 : Modification to Pumpman Contract 10729)
19. Records.
19.1 Contractor must maintain complete and accurate records with respect to costs, expenses, receipts and other such information required by the City for any services provided where compensation is on the basis of hourly rates, subcontractor costs, or other direct costs. Contractor must keep the records, together with supporting documents, separate from other documents and records and maintain them for a period of three years after receipt of final payment.
19.2 Contractor must maintain records in sufficient detail to permit an evaluation of the Services and in accordance with generally accepted accounting principles.
Contractor must clearly identify all records and make them readily accessible to the City. At the City’s request, Contractor must provide records in an electronic format and, if necessary, access to any proprietary software to view such electronic records.
19.3 Contractor must allow the City to have free access to Contractor’s books and records and to inspect all work, data, documents, proceedings and activities related to this Agreement. The City has the right to examine or audit Contractor’s records, and Contractor agrees to cooperate with any examination or audit of its records. If a City audit discloses an error of 5% or more in information reported by Contractor, Contractor agrees to pay the cost of the City’s audit computed on the basis of four times the direct payroll of the audit staff completing the audit and audit report.
20. Work Product; Reports.
20.1 Any work product prepared or caused to be prepared by Contractor or any subcontractor for this Agreement will be the exclusive property of City. No work product given to or prepared by Contractor or any subcontractor pursuant to this Agreement may be made available to any individual or organization by Contractor without prior written approval by City.
20.2 At the City’s request, Contractor must furnish reports concerning the status of the Services.
21. Standard of Care. Contractor agrees to provide all Services, including services performed by any subcontractor, in a manner consistent with the level of care and skill ordinarily exercised by members of Contractor’s profession currently practicing in the same locality under similar conditions.
DocuSign Envelope ID: D021945B-E668-4035-8CD9-3CC393DEC545
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Packet Pg. 334 Attachment: CT 11167 (CCS) - Original (Pumpman) (7993 : Modification to Pumpman Contract 10729)
22. Subcontractors.
22.1 If Contractor proposes to have any subcontractor perform any part of the Services, Contractor must submit a request for approval in writing, describing the scope of work to be subcontracted, the name of the proposed subcontractor, and the total price or hourly rates used in preparing an estimated cost for the subcontractor’s services. The City, in its sole discretion, may grant or deny the request.
22.2 Contractor will be responsible for the quality of any subcontractor’s work. Every subcontract or agreement of any kind entered into between Contractor and any subcontractor (or between any subcontractor and others) must contain the following provision:
This agreement is consistent with all terms and conditions of the Agreement No. 11167 (CCS) entered into between the City of Santa Monica and Contractor
on^^____________________.
23. Governing Law. The laws of the State of California, without regard to any choice of law provisions, will govern this Agreement.
24. Venue and Jurisdiction. The City and Contractor agree that the Services will take place in Los Angeles County. Any litigation arising out of this Agreement may only be brought in either the United States District Court, Central District of California, or the Superior Court of California, County of Los Angeles, West District, as appropriate. The parties agree that venue exists in either court, and each party expressly waives any right to transfer to another venue. The parties further agree that either court will have personal jurisdiction over the parties to this Agreement.
25. Survival of Provisions and Obligations. Any provision of this Agreement, which by its nature must be exercised after termination of this Agreement, will survive termination and remain effective for a reasonable time. Any obligation that accrued prior to termination of this Agreement will survive termination of this Agreement.
26. Counterparts. This Agreement and all amendments and supplements to it may be executed in counterparts, and all counterparts together shall be construed as one document. Counterparts hereof that are transmitted by facsimile or electronic transmission shall be given identical legal effect as an original. //
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DocuSign Envelope ID: D021945B-E668-4035-8CD9-3CC393DEC545 8/23/2021
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Packet Pg. 335 Attachment: CT 11167 (CCS) - Original (Pumpman) (7993 : Modification to Pumpman Contract 10729)
27. Exhibits. The following exhibits are incorporated by reference into this Contract as though fully set forth herein.
Exhibit A Scope of Services
Exhibit B Budget
Exhibit C Insurance Requirements
In witness whereof, the parties have caused this Agreement to be executed the day and year first above written.
ATTEST:
______________________________
DENISE ANDERSON-WARREN
City Cler
K
APPROVED AS TO FORM:
______________________________
LANE DILG
City Attorney
CITY OF SANTA MONICA,
a municipal corporation
By: ______________________________
RICK COLE
City Manager
ABC Corporation
#VENDOR
By: ________________________________
DocuSign Envelope ID: D021945B-E668-4035-8CD9-3CC393DEC545 8/19/2021
George S. Cardona
Interim City Attorney
Business Development / RME
8/20/2021
Pumpman LLC
Mike Woodward
John Jalili
8/23/2021
Interim City Manager
8/31/2021
Denise Anderson-Warren
City Clerk
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Packet Pg. 336 Attachment: CT 11167 (CCS) - Original (Pumpman) (7993 : Modification to Pumpman Contract 10729) Exhibit A
Scope of Services
Sewer pump maintenance and repair services
Provide all necessary parts, labor, and transportation for both routine and emergency maintenance and/or repair of all existing wastewater and non-potable water chemical feed pumps, valves, motors, and ancillary equipment for wastewater pumping facilities owned and operated by the City.
Jobs may include:
purchase of new pumps and related equipment for City facilities maintenance and repair of centrifugal pumps, motors, motor starters, variable frequency drives, valves, and piping, instrumentation and control systems, chlorine and/or sodium hypochlorite feed systems, chemical injection and spray systems, and any and all equipment normally found in wastewater treatment, pumping, and non-potable water treatment plants quarterly servicing of two stormwater pumps and pump system at Pico-Kenter Storm Drain twice annually servicing pumps at MAPS and SMURRF. MAPS pumps include four sewage pumps and one sump pump system. SMURRF pumps include the grit-chamber pump system, two raw water submergible pumps, three submergible pumps in Pier Pump Station, three recycled water distribution pumps, and the DAF recirculation pump.
Work may require ladders or lifts, take place in enclosed or subterranean spaces, or be in the vicinity of chemical systems or water/wastewater or electrical/mechanical equipment.
The contractor shall provide vehicles/transportation and major equipment as required.
The contractor shall remove any trash or waste material generated by pump maintenance and/or repair work.
There is no guaranteed minimum usage of services.
Response times
The contractor shall respond to non-scheduled and emergency calls for service within two to four hours.
License requirements
Contractor must possess at least one of the following California State Contractors License:
A – General Engineering Contractor
D21 – Machinery and Pumps Contractor
D62 – Non-specialized Contractor
DocuSign Envelope ID: D021945B-E668-4035-8CD9-3CC393DEC545
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Packet Pg. 337 Attachment: CT 11167 (CCS) - Original (Pumpman) (7993 : Modification to Pumpman Contract 10729) Exhibit B
Budget
Contract Total NTE: $1,750,000 over 5 years
Sewer pump maintenance and repair services
Description UOM Rate
Labor rate – standard hours Hour $200
Labor rate – after hours Hour $300
Pumping labor rate – standard hours Hour $250
Pumping labor rate – after hours Hour $375
Electrical labor rate – standard hours Hour $200
Annual wet well cleaning – MAPS Lump Sum $78,000
Bi-annual pump servicing – MAPS and
SMURFF
Lump Sum $24,028
Quarterly pump servicing – Pico-Kenter Storm
Drain
Lump Sum $8,736
Mark Up on materials Percent 15% to 35% Mark Up
City of Santa Monica will reimburse Pumpman for full cost of Performance Bond.
Annual increase, year 2 of contract: 0%
Annual increase, year 3 of contract: 5%
Annual increase, year 4 of contract: 5%
Annual increase, year 5 of contract: 5%
Labor clock begins: Upon departure from Contractor’s facility Labor clock ends: Upon return to Contractor’s facility
Standard hours: 5:00am – 6:00pm
After hours: 6:00pm – 10:00pm
DocuSign Envelope ID: D021945B-E668-4035-8CD9-3CC393DEC545
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Packet Pg. 338 Attachment: CT 11167 (CCS) - Original (Pumpman) (7993 : Modification to Pumpman Contract 10729) 1 Exhibit C
Contractual Services Agreement Insurance Requirements
Contractor shall procure and maintain for the duration of the Agreement insurance against claims for injuries to persons or damages to property that may arise from or in connection with the performance of the work hereunder by the Contractor, its agents, representatives, employees or subcontractors.
Minimum Scope and Limits of Insurance
Coverage shall be at least as broad as:
1. Commercial General Liability (CGL): Insurance Services Office Form CG 00 01 covering CGL on an “occurrence” basis, including products and completed operations, property damage, bodily injury and personal and advertising injury, with limits of no less than $1,000,000 per occurrence. If a general aggregate limit applies, either the general aggregate limit shall apply separately to this project/location (Insurance Services Office Form CG 25 04) or the general aggregate limit shall be twice the required occurrence limit.
2. Automobile Liability: Insurance Services Office Form CA 00 01 covering Code 1 (any auto), or if Contractor has no owned autos, Code 8 (hired) and Code 9 (non-owned), with limits of no less than $1,000,000 per accident for bodily injury and property damage.
3. Workers’ Compensation: Workers’ Compensation insurance as required by the State of California, with Statutory Limits and Employers’ Liability Insurance with limits of no less than $1,000,000 per accident for bodily injury or disease (see footnote #1).
If the Contractor maintains broader coverage or higher limits than the minimums shown above, the City of Santa Monica requires and shall be entitled to the broader coverage or higher limits maintained by the Contractor. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to the City of Santa Monica.
Other Insurance Provisions
1. The insurance policies are to contain, or be endorsed to contain, the following provisions:
a. Additional Insured Status: The City of Santa Monica, its officers, officials, employees and volunteers are to be covered as additional insureds on the CGL policy with respect to liability arising out of work or operations performed by or on behalf of Contractor including materials, parts, or equipment furnished in connection with such work or operations. CGL coverage can be provided in the form of an endorsement to the Contractor’s insurance (at least as broad as DocuSign Envelope ID: D021945B-E668-4035-8CD9-3CC393DEC545
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Packet Pg. 339 Attachment: CT 11167 (CCS) - Original (Pumpman) (7993 : Modification to Pumpman Contract 10729) 2 Insurance Services Office Form CG 20 10 11 85, or if not available, through the addition of both CG 20 10, CG 20 26, CG 20 33, or CG 20 38 and CG 20 37). b. Primary Coverage: For any claims related to this Agreement, the Contractor’s insurance shall be primary coverage as least as broad as Insurance Services Office Form CG 20 01 04 13 as respects the City of Santa Monica, its officers, officials, employees and volunteers. Any insurance or self-insurance maintained by the City of Santa Monica, its officers, officials, employees or volunteers shall be in excess of the Contractor’s insurance and shall not contribute with it. c. Notice of Cancellation: Each insurance policy required herein shall state that coverage shall not be cancelled except after notice has been given to the City of Santa Monica.
d. Waiver of Subrogation: Contractor hereby grants to the City of Santa Monica a waiver of any right of subrogation which any insurer of said Contractor may acquire against the City of Santa Monica by virtue of payment of any loss. Contractor agrees to obtain any endorsement that may be necessary to affect this waiver of subrogation, but this provision applies regardless of whether or not the City of Santa Monica has received a waiver of subrogation endorsement from the insurer.
The Workers’ Compensation policy shall be endorsed with a waiver of subrogation in favor of the City of Santa Monica for all work performed by the Contractor, its employees, agents and subcontractors.
Self-Insured Retentions
Self-insured retentions must be declared to and approved by the City of Santa Monica. The City of Santa Monica may require the Contractor to purchase coverage with a lower retention or provide satisfactory proof of ability to pay losses and related investigations, claim administration, and defense expenses within the retention. The policy language shall provide, or be endorsed to provide, that the self-insured retention may be satisfied by either the name insured or the City of Santa Monica.
Acceptability of Insurers
Insurance is to be placed with insurers authorized to conduct business in California with a current A.M. Best rating of no less than A:VII, unless otherwise acceptable to the City of Santa Monica.
Verification of Coverage
Contractor shall furnish the City of Santa Monica with original certificates and amendatory endorsements (or copies of the applicable policy language effecting coverage provided by this clause). All certificates and endorsements are to be received and approved by the City of Santa Monica before work commences. However, failure to obtain required documents DocuSign Envelope ID: D021945B-E668-4035-8CD9-3CC393DEC545
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Packet Pg. 340 Attachment: CT 11167 (CCS) - Original (Pumpman) (7993 : Modification to Pumpman Contract 10729) 3 prior to the work beginning shall not waive the Contractor’s obligation to provide them.
The City of Santa Monica reserves the right to require complete, certified copies of all required insurance policies, including the endorsements required herein, at any time.
Failure to Maintain Insurance Coverage
If Contractor, for any reason, fails to maintain insurance coverage which is required pursuant to this Agreement, the same shall be deemed a material breach of contract. The City of Santa Monica, at its sole option, may terminate this Agreement and obtain damages from the Contractor resulting from said breach.
Subcontractors
Contractor shall require and verify that all subcontractors maintain insurance meeting all the requirements stated herein. All exceptions must be approved in writing by the Risk Manager.
Footnotes
# 1: Workers’ Compensation insurance coverage is not required if the Contractor does not have employees. The Contractor must, however, execute the City’s Workers’ Compensation Coverage Exemption Declaration Form.
DocuSign Envelope ID: D021945B-E668-4035-8CD9-3CC393DEC545
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Packet Pg. 341 Attachment: CT 11167 (CCS) - Original (Pumpman) (7993 : Modification to Pumpman Contract 10729) 1 Rev. October 2023
FIRST MODIFICATION OF AGREEMENT NO. 11167 (CCS)
This First Modification of Agreement Number 11167 (CCS) (“First Modification”), en-tered into as of _________________ (“Execution Date”), by and between the City of Santa Monica, a municipal corporation (“City”), and PUMPMAN LLC (Contractor) is made with reference to the following:
RECITALS
A. On or about August 23, 2021, the City and Contractor entered into Agreement Num-ber 11167 (CCS) for sewage pump maintenance and repair services (“Original Agreement”).
B. The City and Contractor desire to modify the Original Agreement to extend the agreement term. The sewage pump maintenance and repair services are intended to be bid out and awarded again for a new contract before December 31, 2026. This modification is to extend and continue services until the new award is finalized.
TERMS AND CONDITIONS
Now, therefore, the undersigned parties do hereby mutually agree to modify the Original Agreement as follows:
1. Section 1 of the Original Agreement entitled “Term” shall be deleted in its entirety and replaced with the following paragraph:
Term. This Agreement begins on the Execution Date and terminates on December 31, 2026, unless terminated earlier as set forth in the Original Agreement or extended by the parties in writing.
2. Execution in Counterparts. This First Modification may be executed in counter-parts with the same effect as if both parties hereto had executed the same docu-ment. All counterparts shall be construed together and shall constitute a single mod-ification. Any signature to this First Modification transmitted electronically through DocuSign or PDF shall be deemed an original signature and be binding upon the parties hereto (it being agreed that such electronic signature shall have the same force and effect as an original signature).
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Docusign Envelope ID: 3BC67A66-BCFE-806B-8275-242847EC2E8E 6/16/2026
4.H.h
Packet Pg. 342 Attachment: CT 11167 (CCS) - Mod 1 (Pumpman) (7993 : Modification to Pumpman Contract 10729) 2 Rev. October 2023
3. Except as expressly modified by this First Modification, all other terms and condi-tions of the Original Agreement shall be and remain in full force and effect.
IN WITNESS WHEREOF, the parties have executed this First Modification as of the date and year first written above.
ATTEST:
______________________________
DENISE ANDERSON-WARREN
City Clerk
APPROVED AS TO FORM:
______________________________
LANE DILG
City Attorney
CITY OF SANTA MONICA,
a municipal corporation
By: ____________________________
RICK COLE
City Manager
Contractor Corporation
#VENDOR
By: ____________________________
Docusign Envelope ID: 3BC67A66-BCFE-806B-8275-242847EC2E8E
HEIDI VON TONGELN
6/16/2026
City Attorney General Manager
Ben Rice
6/16/2026
PumpMan
City Manager
Oliver Chi
6/16/2026
Interim City Clerk
6/16/2026
Denise Anderson-Warren
4.H.h
Packet Pg. 343 Attachment: CT 11167 (CCS) - Mod 1 (Pumpman) (7993 : Modification to Pumpman Contract 10729) City Council
Report
City Council Meeting: October 27, 2026
Agenda Item: 4.I
1 of 2
To: Mayor and City Council
From: Heidi Von Tongeln, City Attorney, City Attorney's Office Subject: Second Reading and Adoption of an Ordinance of the City Council of the City of Santa Monica Amending the Text of the Zoning Ordinance: (1) For Consistency with State Law, Including Provisions to Clarify Commercial Floor Area Ratio Limitations, Incentives and Concessions Under State Density Bonus Law, Housing Project Definitions Under the Housing Accountability Act, Accessory Dwelling Unit and Junior Accessory Dwelling Unit Interior Living Space and Owner Occupancy Requirements, and Unbundled Parking Requirements; and (2) to Make Other Minor Changes, Corrections, and Clarifications as Necessary
Recommended Action
Staff recommends that the City Council adopt the attached Ordinance.
Executive Summary
At its meeting on October 13, 2026, the City Council introduced for first reading an Ordinance of the City Council of the City of Santa Monica amending the text of the Zoning Ordinance: (1) for consistency with State Law, including provisions to clarify commercial floor area ratio limitations, incentives and concessions under state density bonus law, housing project definitions under the housing accountability act, accessory dwelling unit and junior accessory dwelling unit interior living space and owner occupancy requirements, and unbundled parking requirements; and (2) to make other minor changes, corrections, and clarifications as necessary. The ordinance is now presented to the City Council for adoption.
4.I
Packet Pg. 344
2 of 2
Prepared By: Ivan Larios, Legal Assistant
Approved Forwarded to Council
Attachments:
A. ORD-State Law Updates 2d
4.I
Packet Pg. 345
1 City Council Meeting: October 27, 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: (1) FOR
CONSISTENCY WITH STATE LAW, INCLUDING PROVISIONS TO CLARIFY
COMMERCIAL FLOOR AREA RATIO LIMITATIONS, INCENTIVES AND
CONCESSIONS UNDER STATE DENSITY BONUS LAW, HOUSING PROJECT
DEFINITIONS UNDER THE HOUSING ACCOUNTABILITY ACT, ACCESSORY
DWELLING UNIT AND JUNIOR ACCESSORY DWELLING UNIT INTERIOR LIVING
SPACE AND OWNER OCCUPANCY REQUIREMENTS, AND UNBUNDLED PARKING REQUIREMENTS; AND (2) TO MAKE OTHER MINOR CHANGES, CORRECTIONS,
AND CLARIFICATIONS AS NECESSARY
WHEREAS, during the 2025 – 2026 legislative session, the California Legislature passed a series of new laws that address processing timelines, transit-oriented development, density bonus, Accessory Dwelling Units (ADUs) and Junior Accessory Dwelling Units (JADUs), and permit reform, among other items (the “2025-2026 State Housing Package"); and
WHEREAS, the 2025-2026 State Housing Package includes Senate Bill (“SB”) 92, which provides that concessions and incentives shall not result in a project with a commercial Floor Area Ratio (FAR) greater than 2.5 times the site’s current base commercial FAR; and
WHEREAS, the 2025-2026 State Housing Package includes Assembly Bill (“AB”) 87, which provides that a local agency is not required to grant waivers or incentive/concessions under State Density Bonus law applicable to a hotel, motel, or transient lodging; and
4.I.a
Packet Pg. 346 Attachment: ORD-State Law Updates 2d (7996 : Amending Zoning Ordinance Second Reading) 2 WHEREAS, the 2025-2026 State Housing Package includes SB 838, which revises the Housing Accountability Act (HAA) definition of a housing project that is a 2/3 mixed use project to exclude projects that include hotels and motels; and WHEREAS, the 2025-2026 State Housing Package includes SB 543, which streamlines ADU and JADU construction by codifying Housing and Community Development (HCD) guidelines, capping JADUs at 500 square feet (SF) of interior livable space, and exempting ADUs under 750 SF and JADUs under 500 SF from school impact fees; and
WHEREAS, the 2025-2026 State Housing Package includes AB 1154, which changes the requirements for JADU ordinances, such that owner-occupancy is not required if there are separate sanitation facilities and clarifies that any rental of a JADU must be for more than 30 days; and
WHEREAS, amendments to the text of Santa Monica Municipal Code (“SMMC”) Chapters 9.22, Density Bonus, 9.31, Standards for Specific Uses and Activities, and 9.52, Terms and Definitions, are necessary for consistency with the 2025-2026 State Housing Package; and
WHEREAS, SMMC Section 9.28.110 currently requires parking to be unbundled from residential rents for projects containing four or more dwelling units; however, this provision only becomes effective if SMMC Chapter 3.08, Preferential Parking Zones, or any successor thereto, is amended to establish this requirement; and WHEREAS, on October 13, 2023, AB 1317 was passed, adding Section 1947.13 to the Civil Code; and
4.I.a
Packet Pg. 347 Attachment: ORD-State Law Updates 2d (7996 : Amending Zoning Ordinance Second Reading) 3 WHEREAS, AB 1317 requires owners of qualifying residential properties of 16 units or more that provide parking to lease or charge parking separately from the cost of residential rent, commonly referred to as "unbundled parking”; and WHEREAS, amendments to the text of SMMC Section 9.28.110 are required to align with State requirements, promote housing affordability by allowing residents to opt out of paying for parking they do not need, and support the City's transportation demand management and sustainability goals; and
WHEREAS, further amendments are necessary to make minor changes, corrections, and clarifications to SMMC Article 9, Planning and Zoning; and WHEREAS, these minor changes, corrections, and clarifications include amendments to: (1) Table 9.08.030, noting that, for qualifying projects meeting the requirements of Government Code Section 66499.41, up to 10 units may be permitted in multi-unit residential districts; (2) Section 9.52.020.0292, revising the definition for accessory buildings with respect to separation requirements to align with previously adopted amendments and state law requirements; (3) Section 9.31.035, clarifying height allowances for bonus residential amenities in conjunction with adaptive reuse projects; (4) Section 9.31.195, clarifying that determinations by the Regional Water Quality Control Board and/or Department of Toxic Substances Control are required when a site contains contaminated soil and/or groundwater at or above regulatory levels; (5) Section 9.55.190, clarifying thresholds required for administrative design review; and (6) Section 9.64.050, omitting language requiring affordable units be dispersed throughout the multiple-unit project where the existing reference to Health and Safety Code Section 17929(a)(2)
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Packet Pg. 348 Attachment: ORD-State Law Updates 2d (7996 : Amending Zoning Ordinance Second Reading) 4 already mandates such distribution and any additional language may run afoul of guidance from the Department of Housing and Community Development (“HCD”); and WHEREAS, on March 4, 2026, in accordance with SMMC Section 9.46.030(B), the Planning Commission adopted a Resolution of Intention, Resolution Number 26-003 (PCS), declaring its intention to consider recommending to the City Council that the City Council amend the text of the Zoning Ordinance for consistency with recent updates to state law and to make other minor changes, corrections, and clarifications; and WHEREAS, on July 15, 2026, in accordance with SMMC Section 9.46.030(B), the Planning Commission adopted Resolution Number 26-013 (PCS), declaring its intention to consider recommending to the City Council that the City Council amend the text of the Zoning Ordinance for consistency with existing state law related to unbundled parking, to modify the community meeting requirements for housing projects, and to make other minor changes, corrections, and clarifications as necessary; and WHEREAS, on September 2, 2026, in accordance with SMMC Section 9.46.060, the Planning Commission conducted a duly noticed public hearing and adopted Resolution Number 26-015 to ensure consistency with existing state law and to make other minor changes, corrections, and clarification as necessary, with the amendments to the community meeting requirements for housing projects continued to a future date; and
WHEREAS, on October 13, 2026, the City Council conducted a duly noticed hearing and now desires to amend the text of the Zoning Ordinance to ensure consistency with recent and existing state law as stated herein and to make other minor changes, corrections, and clarifications as necessary.
4.I.a
Packet Pg. 349 Attachment: ORD-State Law Updates 2d (7996 : Amending Zoning Ordinance Second Reading) 5 NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SANTA MONICA DOES ORDAIN AS FOLLOWS:
SECTION 1. Pursuant to Santa Monica Municipal Code Section 9.46.070(B), the City Council does hereby amend the text of the Zoning Ordinance to ensure consistency with recent and existing state law and to make other minor changes, corrections, and clarification as necessary, as set forth in Exhibit A. In making this recommendation, the City Council hereby finds and declares that, for the reasons articulated above, and in the staff report dated October 13, 2026:
A. The proposed amendments are consistent with the General Plan and any applicable Specific Plans in that the amendments are necessary to ensure consistency with State law, support the policies, goals, and programs of the City’s 6th Cycle Housing Element to encourage and incentivize the production of diverse housing choices in the highest opportunity areas of the City, to further streamline housing project approvals by providing additional clarity to current regulations, and increase transparency and ease of use.
B. The proposed amendments to the text of the Zoning Ordinance are consistent with the purpose of the Zoning Ordinance to promote and protect the public health, safety, and general welfare in that the amendments are necessary to ensure consistency with State law, streamline and facilitate diverse housing opportunities in the City to meet the goals and needs identified in the 6th Cycle Housing Element, cure inconsistencies, increase transparency and ease of use of the City’s Zoning Ordinance regulations, and otherwise maintain policies, standards, and regulations of the Zoning Ordinance that promote the public health, safety, and welfare.
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Packet Pg. 350 Attachment: ORD-State Law Updates 2d (7996 : Amending Zoning Ordinance Second Reading) 6 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.
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
4.I.a
Packet Pg. 351 Attachment: ORD-State Law Updates 2d (7996 : Amending Zoning Ordinance Second Reading)
EXHIBIT A
4.I.a
Packet Pg. 352 Attachment: ORD-State Law Updates 2d (7996 : Amending Zoning Ordinance Second Reading) Section 9.08.030. Development Standards.
Table 9.08.030 prescribes the development standards for the Multi-Unit Residential Districts. Additional regulations are denoted with Section numbers in the right-hand column or with individual letters in parentheses. Section numbers refer to other Sections of this Article, while individual letters in parentheses refer to subsections that directly follow the table.
TABLE 9.08.030: DEVELOPMENT STANDARDS—MULTI-UNIT RESIDENTIAL DISTRICTS Standard
*For development standards within
specified areas, see Section
9.08.030(A)
R2* R3* R4 Additional Regulations
Parcel and Density Standards
Minimum Parcel Size (sq. ft.) 5,000 5,000 5,000
Maximum Parcel Size (sq. ft.) See
9.21.030(B)(C)
See
9.21.030(B)(C)
See
9.21.030(B)(C)
Minimum Parcel Width (ft.) 50 50 50
Minimum Parcel Depth (ft.) 100 100 100
Maximum Allowable Density
Housing Projects 1 unit per
1,500 sq. ft.
of parcel
area
1 unit per
1,250 sq. ft.
of parcel area
1 unit per 900
sq. ft. of parcel
area
For parcels consolidated to
provide courtyards, the
maximum allowable number
of units shall be based on
the total maximum number
of units allowed on each of
the parcels prior to
consolidation.
For projects eligible for
density bonus, see Section
9.22.050(C), Calculating
Base Density
For qualifying projects
meeting the requirements of
Government Code Section
66499.41, up to 10 units
may be permitted.
Building Form and Location
Maximum Number of Stories
Housing Projects N/A N/A N/A
Tier 1 Non-Housing Projects—Base
Standard
2 2 3
Tier 2 Non-Housing Projects—With
Provision of Community Benefits
NA 3 4 Chapter 9.23, Community
Benefits
Maximum Building Height (ft.) Section 9.04.050, Measuring Height
Housing Projects 30. See(B) 40. See(B) 45. See(B)
Tier 1 Non-Housing Projects—Base
Standard
30. See(B) 30. See (B) 30. See(B)
Tier 2 Non-Housing Projects—With
Provision of Community Benefits
NA 40. See(B) 45. See(B) Chapter 9.23, Community
Benefits
4.I.a
Packet Pg. 353 Attachment: ORD-State Law Updates 2d (7996 : Amending Zoning Ordinance Second Reading) Maximum FAR Section 9.04.100,
Determining Floor Area
Ratio in Residential Zoning
Districts
Housing Projects 1.0 1.5 2.0 For projects with a base
density consisting of 8 to 10
units, an increase in floor
area shall be permitted as
necessary to ensure an FAR
of 1.25
Tier1 Non-Housing Projects—Base
Standard
1.0 1.0 1.5
Tier2 Non-Housing Projects—With
Provision of Community Benefits
NA 1.5 2.0 Chapter 9.23, Community
Benefits
4.I.a
Packet Pg. 354 Attachment: ORD-State Law Updates 2d (7996 : Amending Zoning Ordinance Second Reading) TABLE 9.08.030: DEVELOPMENT STANDARDS—MULTI-UNIT RESIDENTIAL DISTRICTS Standard
*For development standards within
specified areas, see Section
9.08.030(A)
R2* R3* R4 Additional Regulations
Minimum Setbacks
Front (ft.) 20 See(C)(E) 20 See(C)(E) 20 See(C)(E)
Interior Side (ft.)—Parcels 50 feet or
more in width
8 See(E) 8 See(E) 8 See(E) • Setbacks shall be 4 feet for ownership projects that: (1)
were deemed complete on or
after July 1, 2024; (2) contain
10 or fewer units; and (3)
meet the requirements of
Government Code Section
66499.41.
• Setbacks shall be 4 feet
for rental projects that: (1)
were deemed complete on
or after July 1, 2024; (2)
contain 10 or fewer units;
and (3) result in at least
one new dwelling unit
(excluding ADUs).
Interior Side (ft.)—Parcels less than
50 ft in width
4, or 16% of
parcel width,
whichever is
greater.
See(E)
4, or 16% of
parcel width,
whichever is
greater. See
(E)
4, or 16% of
parcel width,
whichever is
greater. See
(E)
• Setbacks shall be 4 feet for
ownership projects that: (1)
were deemed complete on or
after July 1, 2024; (2) contain
10 or fewer units; and (3)
meet the requirements of
Government Code Section
66499.41.
• Setbacks shall be 4 feet
for rental projects that: (1)
were deemed complete on
or after July 1, 2024; (2)
contain 10 or fewer units;
and (3) result in at least
one new dwelling unit
(excluding ADUs).
Street Side (% of parcel width) 15 See (C)(E) 15 See (C)(E) 15 See (C)(E) • Setbacks shall be 4 feet for ownership projects that: (1)
were deemed complete on or
after July 1, 2024; (2) contain
10 or fewer units; and (3)
meet the requirements of
Government Code Section
66499.41.
• Setbacks shall be 4 feet
for rental projects that: (1)
were deemed complete on
or after July 1, 2024; (2)
contain 10 or fewer units;
and (3) result in at least
one new dwelling unit
(excluding ADUs).
Rear (ft.) 15 15 15 • Setbacks shall be 4 feet for
ownership projects that: (1)
were deemed complete on or
after July 1, 2024; (2) contain
10 or fewer units; and (3)
meet the requirements of
Government Code Section
66499.41.
• Setbacks shall be 4 feet
for rental projects that: (1)
were deemed complete on
or after July 1, 2024; (2)
contain 10 or fewer units;
and (3) result in at least
one new dwelling unit
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Packet Pg. 355 Attachment: ORD-State Law Updates 2d (7996 : Amending Zoning Ordinance Second Reading) (excluding ADUs).
Parking See Sections 9.28.070, Location of Parking
and 9.28.120, Parking Design and
Development Standards
4.I.a
Packet Pg. 356 Attachment: ORD-State Law Updates 2d (7996 : Amending Zoning Ordinance Second Reading) TABLE 9.08.030: DEVELOPMENT STANDARDS—MULTI-UNIT RESIDENTIAL DISTRICTS Standard
*For development standards within
specified areas, see Section
9.08.030(A)
R2* R3* R4 Additional Regulations
Transition Requirements Adjacent to
R1 District
See (D) See (D) See (D)
Open Space & Landscaping
Minimum Outdoor Living Area per Unit
(sq. ft.)—Sites with Three or More
Units
Section 9.21.090, Outdoor
Living Area
Private 60 60 60
Total (including private and
common)
150 150 100
Courtyards—Parcels over 99 feet in
width
No less
than 10%
of the total
parcel
area. See
(F)
No less than
10% of the
total parcel
area. See (F)
No less than
10% of the
total parcel
area. See (F)
Minimum Planting Area (% of parcel
area)
30. See (G) 25. See (G) 20. See (G) Chapter 9.26, Landscaping Additional Standards
Accessory Dwelling Units Section 9.31.025, Accessory Dwelling Units and Junior Accessory Dwelling Units
Accessory Structures Section 9.21.020, Accessory Buildings and Structures Affordable Housing Production
Program
Chapter 9.64, Affordable Housing Production Program
Density Bonus Chapter 9.22, Density Bonus
Fences and Walls Section 9.21.050, Fences, Walls, and Hedges Home Occupation Section 9.31.160, Home Occupation
Junior Accessory Dwelling Units Section 9.31.025, Accessory Dwelling Units and Junior Accessory Dwelling Units
Landscaping Chapter 9.26, Landscaping
Lighting Section 9.21.080, Lighting
Multiple-Unit Dwelling Projects Section 9.31.195, Multiple-Unit Dwelling Projects Multiple-Unit Dwelling Projects
Located on Community Assembly
Surface Parking Lots
Section 9.31.196, Multiple-Unit Dwelling Projects Located on Community Assembly Surface Parking Lots
Multiple-Unit Dwelling Projects
Located on Residentially Zoned
Surface Parking Lots
Section 9.31.197, Multiple-Unit Dwelling Projects Located on Residentially Zoned Surface Parking Lots
Off-Street Parking and Loading Chapter 9.28, Parking, Loading, and Circulation Projections into Height Limits Section 9.21.060, Height Projections Projections into Required Setbacks Section 9.21.110, Projections from Buildings into Minimum Setbacks and Daylight Plane
Refuse and Recycling Screening and
Enclosure
Section 9.21.130, Resource Recovery and Recycling Standards Screening Section 9.21.140, Screening
Signs Chapter 9.61, Signs
Solar Energy Systems Section 9.21.150, Solar Energy Systems
4.I.a
Packet Pg. 357 Attachment: ORD-State Law Updates 2d (7996 : Amending Zoning Ordinance Second Reading) A. Development Standards, Specified Areas. The following development standards shall govern in the areas defined below.
1. For Multi-Unit Residential District parcels located north of the Pier and west of Ocean Avenue, the following development standards shall apply in lieu of the corresponding land use regulations specified in Table 9.08.020 and development standards specified in Table 9.08.030:
a. Uses.
i. Permitted Uses. Single-Unit Dwelling; Accessory Dwelling Unit; Junior Accessory Dwelling Unit; Employee Housing; Single-Room Occupancy Housing; Congregate Housing; Multiple-Unit Dwelling; Duplex; Senior Citizen Multiple-Unit Dwelling; Senior Group Residential; Family Day Care, Large; Family Day Care, Small; Supportive Housing; Transitional Housing; Residential Care, Limited; Hospice, Limited; One-Story Accessory Building and Structures up to 14 feet in height; Parks and Recreation Facilities, Public.
ii. Uses Subject to Minor Use Permits. Residential Care, General; Hospice, General; Group Residential; One-story accessory living quarters up to 14 feet in height on parcels having a minimum area of 10,000 square feet.
iii. Conditionally Permitted Uses. Bed and Breakfast; Adult Day Care; Offices and Meeting Rooms for Charitable, Youth, and Welfare Organizations; Schools, Public or Private.
a. Maximum Building Height. Maximum building height shall be 40 feet,
4.I.a
Packet Pg. 358 Attachment: ORD-State Law Updates 2d (7996 : Amending Zoning Ordinance Second Reading) except that:
i. No portion of the building may project beyond the site view envelope. The site view envelope is a theoretical plane beginning mid-point at the minimum required beach setback line and extending to a height of 30 feet, and then running parallel with the side parcel lines to a point located 5 feet in height above the top of the Palisades bluff immediately behind the pedestrian railing. No portion of the building above 23 feet for a flat roof, and 30 feet for a pitched roof may exceed 30 feet in width. Multiple projections above 23 feet for a flat roof and 30 feet for a pitched roof shall be separated by a minimum 20-foot wide unobstructed view corridor. No projections, connections, or mechanical equipment may be placed in the view corridor.
b. Maximum Allowable Density. For parcels 4,000 square feet or more, the maximum unit density shall be one dwelling unit for each 1,500 square feet of parcel area. For parcels less than 4,000 square feet that existed on September 8, 1988, or parcels 40 feet or less in width, one dwelling unit may be permitted, except that more units may be otherwise permitted in accordance with Section 9.31.125, Duplexes and Lot Splits on Parcels Zoned for Single-Unit Residential. Accessory dwelling units and junior accessory dwelling units established in accordance with Section 9.31.025 shall be deemed to meet the allowable density for the parcel on which the accessory dwelling unit or junior accessory dwelling unit is located. For qualifying projects meeting the requirements of Government Code Section 66499.41, up to 10 units may be permitted.
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Packet Pg. 359 Attachment: ORD-State Law Updates 2d (7996 : Amending Zoning Ordinance Second Reading) c. Maximum Floor Area Ratio. 1.5 base standard.
d. Front Setback. The minimum required front setback shall be either 20 feet or shall comply with the minimum front setback for the district as set forth in the Official Districting Map, whichever area is greater. At least 30% of the building elevation above 14 feet in height shall provide an additional 5-foot average stepback from the minimum required front setback.
e. Beach Rear Setback. 15 feet for parcels 100 feet or less in depth and 55 feet for parcels over 100 feet in depth. Notwithstanding the foregoing, setbacks shall be 4 feet for:
i. Ownership projects that: (1) were deemed complete on or after July 1, 2024; (2) contain 10 or fewer units; and (3) meet the requirements of Government Code Section 66499.41; and
ii. Rental projects that: (1) were deemed complete on or after July 1, 2024; (2) contain 10 or fewer units; and (3) result in at least one new dwelling unit (excluding ADUs).
f. Side Setback. The minimum required side setback shall be determined in accordance with the following formula, except that for lots of less than 50 feet in width, the minimum required side setback shall be 10% of the parcel width, but in any event not less than 4 feet:
5' + (stories x parcel width) / 50'
At least 25% of the side elevation above 14 feet in height shall provide an additional 4-foot average stepback from the minimum required side setback.
Notwithstanding the foregoing, setbacks shall be 4 feet for:
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Packet Pg. 360 Attachment: ORD-State Law Updates 2d (7996 : Amending Zoning Ordinance Second Reading) i. Ownership projects that: (1) were deemed complete on or after July 1, 2024; (2) contain 10 or fewer units; and (3) meet the requirements of Government Code Section 66499.41; and
ii. Rental projects that: (1) were deemed complete on or after July 1, 2024; (2) contain 10 or fewer units; and (3) result in at least one new dwelling unit (excluding ADUs).
g. Minimum Parcel Size. 5,000 square feet. Each parcel shall contain a minimum depth of 100 feet and a minimum width of 50 feet, except that parcels existing on September 8, 1988 shall not be subject to this requirement. h. View Corridor. A structure with 70 linear feet or more of frontage parallel to Pacific Coast Highway shall provide an unobstructed view corridor between Pacific Coast Highway and the ocean. The view corridor shall be a minimum of 20 feet in width and 40 feet in height measured from the property line parallel to the Pacific Coast Highway.
i. Parking. Uncovered parking may be located in the front half of the parcel and within the minimum required front setback.
j. Private Open Space. Any project containing 4 or more residential dwelling units shall provide the following minimum open space: 100 square feet per unit for projects with 4 or 5 units, and 50 square feet per unit for projects of 6 units or more. For purposes of this requirement, "residential dwelling unit" shall mean any unit 376 square feet in area or larger. Affordable housing projects may substitute 1 square foot of common open space for each square foot of required private open space.
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Packet Pg. 361 Attachment: ORD-State Law Updates 2d (7996 : Amending Zoning Ordinance Second Reading) k. Projections Into Beach Rear Setback. For parcels 100 feet or less in depth, balconies, decks, porches, and similar structures that are open and unenclosed on at least 2 sides shall be allowed to extend to the rear property line in the beach rear setback but not within the minimum side setbacks.
2. For Multi-Unit Residential District parcels bounded by Neilson Way to the east, Ocean Park Boulevard to the south, Barnard Way to the west, and up to and including the parcels on the north side of Wadsworth Avenue to the north, the following development standards shall apply in lieu of the corresponding land use regulations specified in Table 9.08.020 and development standards specified in Table 9.08.030:
a. Uses.
i. Permitted Uses. Single-Unit Dwelling; Duplex on any legal parcel that existed on August 31, 1975; Accessory Dwelling Unit; Junior Accessory Dwelling Unit; Employee Housing; Family Day Care, Small; Family Day Care, Large; Residential Care, Limited; Hospice, Limited; Supportive Housing, Transitional Housing; Parks and Recreation Facilities, Public.
ii. Uses Subject to Minor Use Permits. One-story accessory buildings up to 14 feet in height on parcels having a minimum area of 10,000 square feet, exclusive of Accessory Dwelling Units and Junior Accessory Dwelling Units; Residential Care, General; Hospice, General. iii. Conditionally Permitted Uses. One-story accessory buildings over 14 feet in height or two-story accessory buildings up to a maximum of 24 feet, exclusive of Accessory Dwelling Units and Junior Accessory
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Packet Pg. 362 Attachment: ORD-State Law Updates 2d (7996 : Amending Zoning Ordinance Second Reading) Dwelling Units.
b. Maximum Building Height. 23 feet for a flat roof or 30 feet for a pitched roof. A "pitched roof" is defined as a roof with at least 2 sides having no less than 1 foot of vertical rise for every 3 feet of horizontal run. The walls of the building may not exceed the maximum height required for a flat roof. c. Maximum Allowable Density. A minimum of one unit per 1,500 square feet of parcel area. However, one duplex shall be permitted on any legal parcel that existed on August 31, 1975. Accessory dwelling units and junior accessory dwelling units established in accordance with Section 9.31.025 shall be deemed to meet the allowable density for the parcel on which the accessory dwelling unit or junior accessory dwelling unit is located. For qualifying projects meeting the requirements of Government Code Section 66499.41, up to 10 units may be permitted.
d. Maximum Floor Area Ratio. 1.2 base standard. For projects with a base density consisting of 8 to 10 units, an increase in floor area shall be permitted as necessary to ensure a floor area ratio of 1.25.
e. Minimum Parcel Size. 3,000 square feet. Each parcel shall have a minimum depth of 100 feet and a minimum width of 30 feet, except that parcels already developed and existing on September 8, 1988, shall not be subject to this requirement.
f. Front Setback. 10 feet.
g. Rear Setback. 15 feet, or 4 feet for:
i. Ownership projects that: (1) were deemed complete on or
4.I.a
Packet Pg. 363 Attachment: ORD-State Law Updates 2d (7996 : Amending Zoning Ordinance Second Reading) after July 1, 2024; (2) contain 10 or fewer units; and (3) meet the requirements of Government Code Section 66499.41; and
ii. Rental projects that: (1) were deemed complete on or after July 1, 2024; (2) contain 10 or fewer units; and (3) result in at least one new dwelling unit (excluding ADUs).
h. Side Setback. The minimum required side setback shall be determined in accordance with the following formula, except that for lots of less than 50 feet in width, the minimum required side setback shall be 10% of the parcel width, but in any event not less than 4 feet:
5' + (stories x parcel width) / 50'
Notwithstanding the foregoing, setbacks shall be 4 feet for:
i. Ownership projects that: (1) were deemed complete on or after July 1, 2024; (2) contain 10 or fewer units; and (3) meet the requirements of Government Code Section 66499.41; and
ii. Rental projects that: (1) were deemed complete on or after July 1, 2024; (2) contain 10 or fewer units; and (3) result in at least one new dwelling unit (excluding ADUs).
i. Front Setback Paving. No more than 50% of the area of the required front setback, including driveways, shall be paved.
j. Private Open Space. Any project containing 4 or more residential dwelling units shall provide the following minimum open space: 100 square feet per unit for projects with 4 or 5 units, and 50 square feet per unit for projects of 6 units or more. For purposes of this requirement, "residential dwelling unit" shall
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Packet Pg. 364 Attachment: ORD-State Law Updates 2d (7996 : Amending Zoning Ordinance Second Reading) mean any unit 376 square feet in area or larger. Affordable housing projects may substitute 1 square foot of common open space for each square foot of required private open space.
k. Design Review. Pursuant to Section 9.55.170, Architectural Review District Boundaries, all projects are subject to design review subject to Chapter
9.55, Architectural Review.
3. For Multi-Unit Residential District parcels bounded by Appian Way to the east, Vicente Terrace to the south, Ocean Front Walk to the west, and Seaside Terrace to the north, the following development standards shall apply in lieu of the corresponding land use regulations specified in Table 9.08.020 and development standards specified in Table 9.08.030:
a. Uses.
i. Permitted Uses. Single-Unit Dwelling; Multiple-Unit Dwelling; Duplex; Senior Citizen Multiple-Unit Dwelling; Accessory Dwelling Unit; Junior Accessory Dwelling Unit; Employee Housing; Single-Room Occupancy Housing; Congregate Housing; Senior Group Residential; Family Day Care, Large; Family Day Care, Small; Residential Care, Limited; Supportive Housing; Transitional Housing; Hospice, Limited; One-Story Accessory Building and Structures up to 14 feet in height; Parking and Recreation Facilities, Public
ii. Uses Subject to Minor Use Permits: One-Story Accessory Living Quarters up to 14 feet in height on parcels having a minimum area of 10,000 square feet; Residential Care, General; Hospice, General; Group
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Packet Pg. 365 Attachment: ORD-State Law Updates 2d (7996 : Amending Zoning Ordinance Second Reading) Residential.
iii. Conditionally Permitted Uses: Bed and Breakfast; Adult Day Care; Community Assembly; Emergency Shelter; One-Story Accessory Buildings over 14 feet in height or Two-Story Accessory Buildings up to a maximum of 24 feet; Offices and Meeting Rooms for Charitable, Youth, and Welfare Organizations; Schools, Public and Private; Convenience Market; Underground Parking Structures provided the parcel was occupied by a surface parking lot at the time of adoption of this Chapter, the parcel is not adjacent to a parcel in the NC District, the ground level above the underground parking structure is used for residential or public park and open space uses, the structure is associated with an adjacent commercially zoned parcel, and the vehicle access to the underground parking is from the commercially zoned parcel and as far from the residentially zoned parcel as is reasonably possible.
b. Maximum Building Height. 30 feet.
c. Maximum Allowable Density. For projects on parcels of 4,000 square feet or more, one dwelling unit for each 1,250 square feet of parcel area shall be permitted. For parcels less than 4,000 square feet, one dwelling unit may be permitted if a single-unit dwelling existed on the parcel on September 8, 1988, except that more units may be otherwise permitted in accordance with Section
9.31.125, Duplexes and Lot Splits on Parcels Zoned for Single-Unit Residential.
Accessory dwelling units and junior accessory dwelling units established in accordance with Section 9.31.025 shall be deemed to meet the allowable density
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Packet Pg. 366 Attachment: ORD-State Law Updates 2d (7996 : Amending Zoning Ordinance Second Reading) for the parcel on which the accessory dwelling unit or junior accessory dwelling unit is located. For qualifying projects meeting the requirements of Government Code Section 66499.41, up to 10 units may be permitted.
d. Maximum Floor Area Ratio. 1.0 base standard. For projects with a base density consisting of 8 to 10 units, an increase in floor area shall be permitted as necessary to ensure a floor area ratio of 1.25.
e. Minimum Parcel Size. 5,000 square feet. Each parcel shall contain a minimum depth of 100 feet and a minimum width of 50 feet, except that parcels existing on September 8, 1988 shall not be subject to this requirement. f. Front Setback. The minimum required front setback shall be either 20 feet, or shall comply with the minimum front setback for the district as set forth in the Official Districting Map, whichever area is greater. g. Rear Setback. 15 feet, or 4 feet for:
i. Ownership projects that: (1) were deemed complete on or after July 1, 2024; (2) contain 10 or fewer units; and (3) meet the requirements of Government Code Section 66499.41; and
ii. Rental projects that: (1) were deemed complete on or after July 1, 2024; (2) contain 10 or fewer units; and (3) result in at least one new dwelling unit (excluding ADUs).
h. Side Setback. The minimum required side setback shall be determined in accordance with the following formula, except that for lots of less than 50 feet in width, the minimum required side setback shall be 10% of the parcel width, but in any event not less than 4 feet:
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Packet Pg. 367 Attachment: ORD-State Law Updates 2d (7996 : Amending Zoning Ordinance Second Reading) 5' + (stories x parcel width) / 50'
Notwithstanding the foregoing, setbacks shall be 4 feet for:
i. Ownership projects that: (1) were deemed complete on or after July 1, 2024; (2) contain 10 or fewer units; and (3) meet the requirements of Government Code Section 66499.41; and
ii. Rental projects that: (1) were deemed complete on or after July 1, 2024; (2) contain 10 or fewer units; and (3) result in at least one new dwelling unit (excluding ADUs).
i. Private Open Space. Any project containing 4 or more residential dwelling units shall provide the following minimum open space: 100 square feet per unit for projects with 4 or 5 units, and 50 square feet per unit for projects of 6 units or more. For purposes of this requirement, "residential dwelling unit" shall mean any unit 376 square feet in area or larger. Affordable housing projects may substitute 1 square foot of common open space for each square foot of required private open space.
j. Upper-Level Stepback Requirements.
i. Additional Front Stepback Over 14 Feet in Height. For new structures or additions to existing structures, any portion of the front building elevation above 14 feet exceeding 75% of the maximum buildable front elevation shall be stepped back from the front setback line an additional average amount equal to 4% of parcel depth, but in no case resulting in a requirement stepback greater than 10 feet. As used in this Section, "maximum buildable elevation" shall mean the maximum potential length of
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Packet Pg. 368 Attachment: ORD-State Law Updates 2d (7996 : Amending Zoning Ordinance Second Reading) the elevation permitted under these regulations, which includes parcel width or length (as applicable), minus required minimum setbacks. ii. Additional Side Stepback Over 14 Feet in Height. For new structures or additions to existing structures, any portion of the side building elevation above 14 feet exceeding 50% of the maximum buildable side elevation shall be stepped back from the side setback line an additional average amount equal to 6% of parcel width, but in no case resulting in a required stepback greater than 10 feet.
iii. The upper-level stepback requirements may be modified subject to the review and approval of the Architectural Review Board if the Board finds that the modification will not be detrimental to the property, adjoining properties, or the general area in which the property is located, and the objectives of the stepback requirements are satisfied by the provision of alternative stepbacks or other features which reduce effective mass to a degree comparable to the relevant standard requirement.
B. Additional Stepback at Upper Stories. In addition to the maximum building heights above, projects shall be subject to the following standards:
1. R2 District. No portion of the building volume above 23 feet shall encroach into a daylight plane starting at 23 feet above the front setback line and sloping upward at a 45-degree angle toward the rear of the parcel. The 23-foot height measurement shall be taken from the same reference grade as determined for the subject site pursuant to Section 9.04.050.
2. R3 District. No portion of the building volume above 35 feet shall encroach
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Packet Pg. 369 Attachment: ORD-State Law Updates 2d (7996 : Amending Zoning Ordinance Second Reading) into a daylight plane starting at 35 feet above the front setback line and sloping upward at a 45-degree angle toward the rear of the parcel. The 35-foot height measurement shall be taken from the same reference grade as determined for the subject site pursuant to Section 9.04.050.
3. R4 District. No portion of the building volume above 40 feet shall encroach into a daylight plane starting at 40 feet above the front setback line and sloping upward at a 45-degree angle toward the rear of the parcel. The 40-foot height measurement shall be taken from the same reference grade as determined for the subject site pursuant to Section 9.04.050.
4. The covered portion of all stories above the second story in any multi-unit structure shall be set back an average of 10 feet from the second floor front façade.
C. Front and Side Setbacks.
1. The front setback on Arcadia Terrace and Seaview Terrace shall be 30 feet measured from the center line of the walkway.
2. In the R2, R3, and R4 Districts, the street side setback shall be at least 15% of the parcel width but no less than 6 feet and is not required to exceed 10 feet.
Notwithstanding the foregoing, setbacks shall be 4 feet for:
a. Ownership projects that: (1) were deemed complete on or after July 1, 2024; (2) contain 10 or fewer units; and (3) meet the requirements of Government Code Section 66499.41; and
b. Rental projects that: (1) were deemed complete on or after July 1, 2024; (2) contain 10 or fewer units; and (3) result in at least one new dwelling unit (excluding ADUs).
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Packet Pg. 370 Attachment: ORD-State Law Updates 2d (7996 : Amending Zoning Ordinance Second Reading)
3. Where a corner parcel in an R2, R3, or R4 District abuts a parcel in an R1 District, the street side setback shall be at least half of the required front setback in the adjacent R1 District. Notwithstanding the foregoing, setbacks shall be 4 feet for:
a. Ownership projects that: (1) were deemed complete on or after July 1, 2024; (2) contain 10 or fewer units; and (3) meet the requirements of Government Code Section 66499.41; and
b. Rental projects that: (1) were deemed complete on or after July 1, 2024; (2) contain 10 or fewer units; and (3) result in at least one new dwelling unit (excluding ADUs).
D. Transition Requirements Adjacent to R1 District. Where an R2, R3, or R4 District adjoins an R1 District, the following standards apply:
1. The building setback from an R1 District boundary shall be 10 feet for interior side setbacks and 20 feet for rear setbacks. Notwithstanding the foregoing, setbacks shall be 4 feet for:
a. Ownership projects that: (1) were deemed complete on or after July 1, 2024; (2) contain 10 or fewer units; and (3) meet the requirements of Government Code Section 66499.41; and
b. Rental projects that: (1) were deemed complete on or after July 1, 2024; (2) contain 10 or fewer units; and (3) result in at least one new dwelling unit (excluding ADUs).
E. Special Project Design and Development Standards. The new construction of or new addition to a principal building shall comply with the following standards:
1. Street-facing pedestrian entries shall not be located below grade, and any
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Packet Pg. 371 Attachment: ORD-State Law Updates 2d (7996 : Amending Zoning Ordinance Second Reading) excavation to access the entry shall be prohibited.
2. An additional 5-foot stepback beyond the minimum front setback set forth in Section 9.08.030 is required for at least 25% of the width of the front façade. This stepback shall be fully integrated into the building through balconies, decks, or other elements that articulate the front of the building.
3. All required setbacks and stepbacks set forth in Section 9.08.030 shall be open to the sky except for permitted architectural projections contained in Section
9.21.110.
4. An additional 2-foot average side stepback from the minimum side setback requirement set forth in Section 9.08.030 shall be provided at each story. Stepback areas greater than 5 feet in depth from the minimum side setback, or the area used to comply with the additional stepback requirements of this Section, shall not be used to satisfy compliance with this requirement.
5. The allocation of allowable parcel coverage area shall be distributed to provide clear delineation between individual units through: changes in wall plane, in plan or section; use of additional stepbacks; use of decks or balconies; or other architectural and spatial manipulation. A change in plane to differentiate individual units shall be a minimum of 12 inches. However, more than one but no more than 3 units may be grouped together for the purpose of providing a shared entry, balcony or other common exterior space.
F. Courtyards. Parcels having a width greater than 99 feet and located in the R2, R3, or R4 District shall provide a courtyard on the lot. Courtyards shall comply with the following design criteria:
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Packet Pg. 372 Attachment: ORD-State Law Updates 2d (7996 : Amending Zoning Ordinance Second Reading)
1. Courtyards shall be no less than 10% of the total lot area and in no case less than 1,000 square feet with a minimum width and length of 18 feet measured parallel to the front and side parcel lines. Required setback area shall not count toward the minimum width and length or 1,000 square foot requirement.
2. Courtyards shall be open to the sky, but may include permitted projections set forth in Section 9.21.110 for side setback projections. If mechanical or utility equipment is placed in the courtyard, it shall be screened visually and acoustically and shall not encroach into the minimum courtyard area.
3. A minimum of 50% of the courtyard's perimeter shall be enclosed by a building.
4. Courtyards shall be visible and accessible from the sidewalk and each ground floor unit. Courtyards shall be visible from the street with a minimum 10-foot wide opening that is open to the sky. For openings less than 18 feet in width into courtyards, the depth of the opening shall not exceed twice the width of the opening.
5. At least 50% of courtyard areas shall be planted pursuant to Sections
9.26.060 and 9.26.070. Planting shall be at grade or in finished planters not exceeding 18 inches above finished grade. At least one canopy tree in a tree well providing a minimum soil volume pursuant to Section 9.26.050(A)(3) shall be planted in all courtyards.
6. The majority of primary entrances to all ground floor units shall be accessed from the street frontage or courtyard.
G. Planting Areas. The following areas shall be landscaped and may count toward the total area of site landscaping required by Table 9.08.030.
1. Setback Areas Adjacent to Streets. All visible portions of a required
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Packet Pg. 373 Attachment: ORD-State Law Updates 2d (7996 : Amending Zoning Ordinance Second Reading) setback area adjacent to a street that are not used for driveways or walks shall be dedicated for planting areas or landscaping. Recreational vehicles, utility trailers, unmounted camper tops, boats, cars, trucks, motorcycles, or other vehicles shall not be parked or stored within a required planting or landscape area
2. Interior Side Setback Areas. Subject to applicable fire and safety limitations, at least 50% of each required setback area shall be planting area, except that for parcels less than 50 feet in width, 50% of any one interior side setback area shall be planted.
3. Adjacent to R1 Districts. Subject to applicable fire and safety limitations, a continuous planting area having a minimum width of 50% of the required setback dimension shall be provided along the interior parcel lines when an R2, R3, or R4 District is adjacent to an R1 District.
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Packet Pg. 374 Attachment: ORD-State Law Updates 2d (7996 : Amending Zoning Ordinance Second Reading) Section 9.22.060. Incentives and Concessions for Affordable Housing.
A. An eligible applicant under Section 9.22.040 may request the following numbers of incentives or concessions in accordance with the procedures set forth in Section
9.22.080:
Minimum Percentage of Affordable Units Number of Incentives and Concessions Permitted
• 5% Very Low,
• 10% Low,
• 10% Moderate in for-sale developments, or
• 20% of the total units for lower income
students in a student housing development
that meets the requirements of Government
Code Section 65915(b)(1)(F).
1 • 10% Very Low,
• 17% Low,
• 20% Moderate in for-sale developments, or
• 23% of the total units for lower income
students in a student housing development
that meets the requirements of Government
Code Section 65915(b)(1)(F).
2 • 15% Very Low,
• 24% Low, or
• 30% Moderate in for-sale developments
3 • 16% Very Low, or
• 45% Moderate in for-sale developments
4 • 100% Affordable Housing Projects or projects
meeting the criteria of Section
9.22.040(A)(1)(g)
5 To calculate the number of incentives and concessions for housing development projects consisting of 20 units or more that provide on-site affordable units in accordance with Chapter 9.64, Affordable Housing Production Program, on-site affordable units required by Chapter 9.64 shall be counted as very low-income units.
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Packet Pg. 375 Attachment: ORD-State Law Updates 2d (7996 : Amending Zoning Ordinance Second Reading) B. By-Right Incentives or Concessions. Without following the procedures in Section 9.22.080, the Director shall approve requested incentives and concessions as follows:
1. For housing developments in residential zones:
a. Up to a 15% deviation from one side setback requirement. b. Up to a 10% increase in floor area.
c. Up to a 15% deviation from rear setback requirements. d. Up to one additional story and six feet of building height.
2. For housing developments in all nonresidential zones:
a. Up to an additional 11 feet of Building Height.
b. Up to a 10% reduction in Minimum Ground Floor height. c. Up to a 50% decrease in private outdoor living area per unit, provided that an equivalent amount is substituted for common outdoor living area. d. Up to a 5% decrease in unit mix requirement for market rate units only.
e. Up to a 10% decrease in residential parking requirement. f. Up to a 10% decrease in long-term residential bicycle parking. g. Additional floor area to accommodate the density bonus units based on project's average unit size.
3. In addition to the above, for 100% Affordable Housing Projects or projects meeting the criteria of Section 9.22.040(A)(1)(g) located within one-half mile of a major transit stop or located in a very low vehicle travel area in a designated county:
a. Height increase of up to three additional stories, or 33 feet. This shall
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Packet Pg. 376 Attachment: ORD-State Law Updates 2d (7996 : Amending Zoning Ordinance Second Reading) not count towards one of the five incentives or concessions available for 100% Affordable Housing Projects or projects meeting the criteria of Section
9.22.040(A)(1)(g).
C. By Right Parking Incentives. In addition to the above, an eligible project under Section 9.22.040 shall be entitled to the parking incentives set forth in Government Code Section 65915(p).
D. Commercial Floor Area Limitation. A concession or incentive shall not result in a proposed project with a commercial floor area ratio that is greater than two and a half times the parcel’s current allowed base zone commercial floor area ratio. This provision shall not apply to proposed projects that have submitted a preliminary application or an entitlement application prior to January 1, 2026.
E. Nothing in this Section limits or requires the provision of direct financial incentives for a housing development, including the provision of publicly owned land by the City or the waiver of fees or dedication requirements.
Section 9.22.080. Procedures.
The following procedures shall govern the processing of a request for a density bonus, incentive or concession, waiver or reduction of a development standard, or revised parking standard:
A. An application for a density bonus, incentive or concession, waiver or reduction of a development standard, or revised parking standard pursuant to this Chapter shall be submitted with the first application for approval of a housing development and processed concurrently with all other applications in accordance with applicable State law, including, but not limited to, the Permit Streamlining Act, required for the housing development. The
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Packet Pg. 377 Attachment: ORD-State Law Updates 2d (7996 : Amending Zoning Ordinance Second Reading) application shall be submitted on a form prescribed by the City and shall include at least the following information:
1. Site plan showing total number of units, number and location of affordable housing units, and number and location of proposed density bonus units;
2. Target income of affordable housing units and proposals for ensuring affordability;
3. Description of any requested incentives or concessions, waivers or reductions of development standards, or modified parking standards. a. For all incentives or concessions that are not included within the menu of incentives or concessions set forth in subsections B and C of Section
9.22.060, the application shall include adequate information for the City to make a determination that the requested incentives and concessions result in identifiable and actual cost reductions,
b. For any requested waiver or reduction of a development standard, the applicant shall provide adequate information for the City to make a determination that the development standard for which the waiver or reduction is requested will have the effect of physically precluding the construction of the residential project with the density bonus incentives requested;
4. If a density bonus or concession is requested for a land donation, the application shall show the location of the land to be donated provide proof of site control, and provide evidence that all of the requirements and each of the findings included in Government Code Section 65915(g) can be made; and
5. If a density bonus or concession is requested for a childcare facility, the
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Packet Pg. 378 Attachment: ORD-State Law Updates 2d (7996 : Amending Zoning Ordinance Second Reading) application shall show the location and square footage of the childcare facilities and provide evidence that all of the requirements and each of the findings included in Government Code Section 65915(h) can be made.
B. In accordance with State law, neither the granting of a concession or incentive, or waiver or reduction, nor the granting of a density bonus, shall be interpreted, in and of itself, to require a general plan amendment, Zoning Ordinance, variance, or other discretionary approval.
C. For housing developments requesting an incentive or concession not included within the menu of by-right incentives or concessions listed in subsections B and C of Section 9.22.060 or a waiver or reduction pursuant to Section 9.22.070, the following shall apply:
1. The Director shall grant the concession or incentive requested by the applicant unless the Director makes a written finding, based upon substantial evidence, of any of the following:
a. The incentive or concession does not result in identifiable and actual cost reductions to provide for affordable housing costs as defined in Section 50052.5 of the Health and Safety Code, or for rents for the affordable units; or b. The concession or incentive will have a specific, adverse impact upon public health and safety, or on the physical environment or on any real property that is listed in the California Register of Historic Resources and for which there is no feasible method to satisfactorily mitigate or avoid the specific, adverse impact without rendering the development unaffordable to low income and moderate income households; or
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Packet Pg. 379 Attachment: ORD-State Law Updates 2d (7996 : Amending Zoning Ordinance Second Reading) c. The concession or incentive would be contrary to State or Federal law.
2. The Director shall grant the waiver or reduction if the development standard will have the effect of physically precluding the construction of a housing development at the densities permitted under Section 9.22.050, or with the concessions or incentives permitted under Section 9.22.060. Notwithstanding the foregoing, the Director shall not be required to grant a waiver or reduction if:
a. The waiver or reduction would have a specific, adverse impact, as defined in paragraph (2) of subdivision (d) of Government Code Section 65589.5, upon health, safety, or the physical environment, and for which there is no feasible method to satisfactorily mitigate or avoid the specific, adverse impact; b. The waiver or reduction would have an adverse impact on real property that is listed in the California Register of Historical Resources; c. The waiver or reduction would be contrary to State or Federal law.
D. A concession or incentive requiring approval of, or to waive or reduce development standards otherwise applicable to, a hotel, motel, bed and breakfast inn, or other transient lodging, other than a residential hotel, as defined in Section 50519 of the Health and Safety Code, as part of a housing development subject to this section, is not permitted.
For purposes of this paragraph, “other transient lodging” does not include a resident’s use or marketing of their unit as short-term lodging, as defined in Section 17568.8 of the Business and Professions Code, subsequent to the issuance of a certificate of occupancy in a manner otherwise consistent with local law.
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Packet Pg. 380 Attachment: ORD-State Law Updates 2d (7996 : Amending Zoning Ordinance Second Reading) Section 9.28.110. Unbundled Parking.
Unbundled parking is the practice of selling or leasing parking spaces separate from the purchase or lease of the commercial or residential use.
A. Applicability.
1. Projects with 16 or more dwelling units. All off-street parking spaces in new residential structures of 16 dwelling units or more, or in new conversions of nonresidential buildings to residential use of 16 dwelling units or more shall be leased or sold separately from the rental or purchase price of the residential use.
2. 100% Affordable Housing Projects. 100% Affordable Housing Projects shall be exempt from this provision except as otherwise required by State law.
3. Nonresidential Uses of 7,500 square feet or greater. All off-street parking spaces associated with new nonresidential uses shall be leased or sold separately from the rental or purchase price of the commercial uses.
B. Requirements.
1. All off-street parking spaces shall be unbundled from the dwelling units for the life of the residential property.
2. All commercial parking spaces associated with new development shall be unbundled from the cost of a leased commercial space, and the cost of the parking space shall be included in a separate commercial parking lease.
C. Use of Unbundled Spaces. Owners or lease holders have the right of first refusal to parking spaces built for their unit or use. Remaining residential unbundled parking spaces that are not leased or sold to on-site users may be leased to other on-site users or to off-site residential users on a month-to-month basis, subject to applicable state law.
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Packet Pg. 381 Attachment: ORD-State Law Updates 2d (7996 : Amending Zoning Ordinance Second Reading) Remaining commercial unbundled parking spaces that are not leased or sold to on-site users may be leased to other on-site users or to off-site residential or commercial users on a month-to-month basis.
D. Relationship to State Law. The requirements of this Section are supplemental to applicable state law. Nothing in this Section shall be construed to waive, modify, supersede, or authorize an exception from any requirement related to unbundled parking imposed by state law, including California Civil Code Section 1947.1, or any successor statute.
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Packet Pg. 382 Attachment: ORD-State Law Updates 2d (7996 : Amending Zoning Ordinance Second Reading) Section 9.31.025. Accessory Dwelling Units and Junior Accessory Dwelling Units.
A. Purpose. The purpose of this Section is to allow and regulate accessory dwelling units and junior accessory dwelling units in compliance with California Government Code Sections 66310et seq. and, in doing so, to increase the supply of diverse housing choices in the City. This Section shall not be considered in the application of any City ordinance, policy, or program to limit residential growth. Notwithstanding the accessory building and structure standards of Section 9.21.020, accessory dwelling units and junior accessory dwelling units shall be developed, located, and operated in accordance with the following standards.
B. Definitions. The following words or phrases as used in this Section shall have the following meanings:
"Accessory dwelling unit" or "ADU" means an attached or a detached residential dwelling unit that provides complete independent living facilities for one or more persons and is located on a parcel with a proposed or existing primary residence. It shall include permanent provisions for living, sleeping, eating, cooking, and sanitation, including a kitchen and bathroom as those terms are defined, on the same parcel as the single-unit or multiple-unit dwelling is or will be situated. An ADU also includes the following:
1. An efficiency unit.
2. A manufactured home, as defined in Section 18007 of the Health and Safety Code.
"Accessory structure" means a structure that is accessory and incidental to a dwelling located on the same parcel.
"Detached" means a separation of 4 feet between an ADU and a primary unit measured
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Packet Pg. 383 Attachment: ORD-State Law Updates 2d (7996 : Amending Zoning Ordinance Second Reading) from exterior walls. Detached ADUs may be attached to other detached accessory structures or detached ADUs.
"Efficiency unit" has the same meaning as defined in Section 17958.1 of the Health and Safety Code.
"Junior accessory dwelling unit" or "JADU" means a unit that is no more than 500 square feet of interior livable space in size and contained entirely within a single-unit dwelling. A JADU may include separate sanitation facilities, or may share sanitation facilities with the existing structure.
"Livable space" means a space in a dwelling intended for human habitation, including living, sleeping, eating, cooking, or sanitation.
"Living area" means the interior habitable area of a dwelling unit, including basements and attics, but does not include a garage or any accessory structure. "Local agency" means a City, County, or City and County, whether general law or chartered.
"Nonconforming zoning condition" means a physical improvement on a property that does not conform to current zoning standards.
"Objective standards" means standards that involve no personal or subjective judgment by a public official and are uniformly verifiable by reference to an external and uniform benchmark or criterion available and knowable by both the development applicant or proponent and the public official prior to submittal.
"Passageway" means a pathway that is unobstructed clear to the sky and extends from a street to one entrance of the accessory dwelling unit. "Permitting agency" means any entity that is involved in the review of a permit for an
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Packet Pg. 384 Attachment: ORD-State Law Updates 2d (7996 : Amending Zoning Ordinance Second Reading) accessory dwelling unit or junior accessory dwelling unit and for which there is no substitute, including, but not limited to, applicable planning departments, building departments, utilities, and special districts.
"Proposed dwelling" means a dwelling that is the subject of a permit application and that meets the requirements for permitting.
"Public transit" means a location, including, but not limited to, a bus stop or train station, where the public may access buses, trains, subways, and other forms of transportation that charge set fares, run on fixed routes, and are available to the public. "Tandem parking" means that two or more automobiles are parked on a driveway or in any other location on a lot, lined up behind one another.
C. Consistency with General Plan, Zoning, and Allowable Density. An ADU or JADU that conforms to all standards of this Section shall be deemed to be consistent with the City's General Plan and zoning designation for the parcel on which the ADU or JADU is located and shall be deemed to meet the allowable density for the parcel on which the ADU or JADU is located.
D. ADUs and JADUs Permitted By-Right. An ADU or JADU that conforms to all standards of this Section shall be permitted by-right, and, consistent with subsection G, below, shall be considered and approved ministerially without discretionary review or a hearing.
E. Establishment of ADUs and JADUs.
1. Except as provided in subsection (E)(2), below, an ADU or JADU that meets the requirements of this Section may be established on any legal parcel that is zoned to allow for single-unit or multiple-unit dwelling residential use and on which a primary single-4.I.a Packet Pg. 385 Attachment: ORD-State Law Updates 2d (7996 : Amending Zoning Ordinance Second Reading) unit dwelling or multiple-unit dwelling has been previously established or is proposed to be established in conjunction with construction of the ADU or JADU.
2. Notwithstanding the provisions of subsection (E)(1), above, no ADU or JADU may be established:
a. On a parcel with a multiple-unit dwelling ownership project that has received an approval pursuant to Government Code 66499.41; b. or If it would exceed the maximum unit count permitted under subsection(E)(2) of this Section duplexes and lot splits on parcels zoned for single-unit residential.
F. Application of Generally Applicable Municipal Code Provisions. An ADU or JADU shall conform to the land use regulations and development standards of this Section and all other applicable provisions of this Municipal Code, including, but not limited to, the provisions of Article 8, Building Regulations.
G. Procedures. Applications for ADUs and JADUs shall be considered and approved ministerially without discretionary review or a hearing in accordance with this subsection as follows:
1. The City shall either approve or deny the application to establish an ADU or a JADU within the following timeframes:
a. Within 15 business days after the City receives an application, the City shall provide a determination of completion and provide written notice of the determination.
b. On Parcels with an Existing Single-Unit or Multiple-Unit Dwelling.
The City shall approve or deny an application for an ADU or JADU within 60 days
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Packet Pg. 386 Attachment: ORD-State Law Updates 2d (7996 : Amending Zoning Ordinance Second Reading) from the date the City receives a completed application. c. On Parcels with a Proposed Single-Unit or Multiple-Unit Dwelling.
The City shall approve or deny an application for an ADU or JADU that is submitted with an application to create a new single-unit or multiple-unit dwelling at the same time the City approves or denies the application to create the new single-unit or multiple-unit dwelling. The application to establish the ADU or JADU shall be considered without discretionary review or hearing.
d. If the applicant requests a delay, the 60-day time period shall be tolled for the period of the delay.
e. If the City has not approved or denied the completed application within 60 days, the application shall be deemed approved.
2. If the City determines an application is incomplete or denies an application for an ADU or JADU, the City shall, within the time periods described in subsection (A)(1), return in writing 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.
3. The City shall not deny an application for a permit to create an ADU or JADU due to the correction of nonconforming zoning conditions, building code violations, or unpermitted structures that do not present a threat to public health and safety and are not affected by the construction of the ADU or JADU.
H. Maximum Number of ADUs and JADUs. The maximum number of ADUs and JADUs that may be permitted on a single parcel utilizing subsection I and/or J, below, shall be as follows:
1. ADUs and JADUs in Conjunction with Single-Unit Dwellings:
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Packet Pg. 387 Attachment: ORD-State Law Updates 2d (7996 : Amending Zoning Ordinance Second Reading) a. One converted ADU pursuant to subsection (I)(1)(a) or (J)(1)(a); b. One JADU pursuant to subsection (I)(1)(b) or (J)(1)(a); c. One detached ADU pursuant to subsection (I)(1)(c) or (J)(1)(b); and d. One ADU pursuant to subsection (I)(1)(d).
2. ADUs and JADUs in Conjunction with Multiple-Unit Dwellings:
a. One ADU, or up to 25% of the existing multiple-unit dwelling total unit count, whichever is greater, established within existing non-livable space pursuant to subsection (I)(2)(a) or (J)(1)(c); and
b. Up to two detached ADUs on a parcel with a proposed multiple-unit dwelling, or up to eight detached ADUs are permitted on a parcel with an existing multiple-unit dwelling, not to exceed the number of existing units, pursuant to subsection (I)(2)(b) or (J)(1)(d).
I. Santa Monica Permitted ADUs and JADUs. This subsection establishes standards and requirements for ADUs and JADUs that are not seeking approval under subsection J, below. This subsection sets forth standards and requirements that are a bonus in addition to State law minimums to encourage and incentivize the production of diverse housing choices in the highest opportunity areas of the City, and to meet the goals and needs identified in the 6th Cycle Housing Element.
1. ADUs and JADUs in Conjunction with Single-Unit Dwellings. All ADUs and JADUs established pursuant to this subsection shall be permitted on a single parcel. a. Converted ADUs. One ADU is permitted per parcel with a proposed or existing single-unit dwelling if all of the following apply:
i. The ADU is within: (1) the proposed space of a single-unit
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Packet Pg. 388 Attachment: ORD-State Law Updates 2d (7996 : Amending Zoning Ordinance Second Reading) dwelling; (2) existing space of a single-unit dwelling; or (3) an existing attached or detached accessory structure.
ii. Expansion of Existing Footprint.
(1) An ADU that is established by converting floor area of an existing single-unit dwelling or an attached or detached accessory structure that is located in the front setback may only expand the footprint up to 150 square feet into the front setback to accommodate ingress and egress. The minimum size of the proposed ADU shall be 150 square feet of interior livable space and no setbacks shall be required for an existing living area or accessory structure or a structure constructed in the same location and to the same dimensions as an existing structure that is converted to an ADU or to a portion of an ADU.
(2) An ADU that is established by converting floor area of an existing single-unit dwelling or an attached or detached accessory structure that is not located within the front setback may expand the footprint if the addition or enlargement is made to conform to all standards set forth in subsection (I)(1)(a)(iii) through (I)(1)(a)(vii), below.
iii. Setbacks.
(1) Front Setback. The front setback of the underlying
zoning district shall apply, except as provided in subsection (3), below.
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Packet Pg. 389 Attachment: ORD-State Law Updates 2d (7996 : Amending Zoning Ordinance Second Reading) (2) Side and Rear Setbacks. 4 feet, except as provided in subsection (3), below.
(3) Notwithstanding subsections (1) and (2), above, no
setback shall be required for an existing living area or accessory structure or a structure constructed in the same location and to the same dimensions as an existing structure that is converted to an ADU or to a portion of an ADU.
iv. Minimum Size. The minimum size of an ADU is 150 square feet of interior livable space.
v. Maximum Size. The following unit size limits apply to ADUs:
(1) The maximum size of studio or one-bedroom ADU is
850 square feet of interior livable space.
(2) The maximum size of an ADU with more than one
bedroom is 1,200 square feet of interior livable space. (3) Single-Unit Dwelling Conversion. Notwithstanding any of the foregoing, if there is an existing primary dwelling, the total floor area of the ADU shall not exceed 50% of the existing primary dwelling or the maximum size limits in subsections (1) and (2), above, whichever is less.
(4) Detached Accessory Structure Conversion.
Notwithstanding any of the foregoing, the maximum size of the ADU shall be limited to the existing floor area, as permitted to expand pursuant to subsection (I)(1)(a)(ii) above.
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Packet Pg. 390 Attachment: ORD-State Law Updates 2d (7996 : Amending Zoning Ordinance Second Reading) vi. Height.
(1) An ADU within an existing or proposed single-unit
dwelling shall comply with the height limitations of the underlying zoning district for the primary dwelling unit.
(2) A detached ADU shall not exceed two stories or 24 feet in height.
vii. Design Standards.
(1) The ADU has exterior access from the proposed or
existing single-unit dwelling.
(2) No interior access between an ADU and primary unit
or accessory structure not associated with the ADU is permitted. (3) Stepback standards of the underlying zoning district shall apply to ADUs established within the proposed or existing space of a single-unit dwelling.
(4) Upper-story outdoor space standards of the underlying zoning district shall apply.
b. JADU. One JADU is permitted per parcel with a proposed or existing single-unit dwelling if the JADU complies with the requirements of subsection K, below, and if all the following apply:
i. The JADU is within: (1) the proposed or existing space, including an attached accessory structure, of a single-unit dwelling pursuant to subsection (I)(1)(b)(ii), below or (I)(2) a newly constructed addition to an existing single-unit dwelling pursuant to subsection (I)(1)(b)(iii), below.
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Packet Pg. 391 Attachment: ORD-State Law Updates 2d (7996 : Amending Zoning Ordinance Second Reading) ii. Standards and Requirements for JADUs within the Proposed or Existing Space of a Single-Unit Dwelling.
(1) Setbacks.
(a) Front Setback. The front setback for the
underlying zoning district shall apply, except as provided in Subsection (c), below.
(b) Side and Rear Setbacks. 4 feet, except provided
in (3), below.
(c) Notwithstanding subsections (1)(a) and (1)(b)
above, no setback shall be required for an existing living area or attached accessory structure or a structure constructed in the same location and to the same dimensions as an existing structure that is converted to a JADU or to a portion of a JADU. (2) Expansion of Existing Footprint.
(a) A JADU that is established by converting floor
area of an existing single-unit dwelling or an attached accessory structure that is located in the front setback may only expand the footprint up to 150 square feet into the front setback to accommodate ingress and egress.
(b) A JADU that is established by converting floor
area of an existing single-unit dwelling or an attached accessory structure that is not located within the front setback may expand the footprint if the addition or enlargement is made
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Packet Pg. 392 Attachment: ORD-State Law Updates 2d (7996 : Amending Zoning Ordinance Second Reading) to conform to all standards set forth in this subsection. (3) Minimum Size. The minimum size of a JADU is 150
square feet of interior livable space.
(4) Maximum Size. The maximum size of a JADU is 500
square feet of interior livable space.
(5) Height. The height limitations of the underlying zoning district shall apply.
(6) Design Standards.
(a) The JADU has exterior access from the
proposed or existing single-unit dwelling.
(b) Interior access between a primary unit and
JADU is permitted.
(c) Stepback standards of the underlying zoning
district shall apply.
(d) Upper-story outdoor space standards of the
underlying zoning district shall apply.
iii. Standards and Requirements for JADUs within a Newly Constructed Addition to an Existing Single-Unit Dwelling. (1) Setbacks.
(a) Front Setback. The front setback for the
underlying zoning district shall apply.
(b) Side and Rear Setbacks. 4 feet.
(2) Minimum Size. The minimum size of a JADU is 150
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Packet Pg. 393 Attachment: ORD-State Law Updates 2d (7996 : Amending Zoning Ordinance Second Reading) square feet of interior livable space.
(3) Maximum Size. The maximum size of a JADU is 500
square feet of interior livable space.
(4) Height. The height limitations of the underlying zoning district shall apply.
(5) Design Standards.
(a) The JADU has exterior access from the
existing single-unit dwelling.
(b) Interior access between a primary unit and
JADU is permitted.
(c) Stepback standards of the underlying zoning
district shall apply.
(d) Upper-story outdoor space standards of the
underlying zoning district shall apply.
c. Detached ADUs. One detached, new construction, ADU is permitted per parcel with a proposed or existing single-unit dwelling if all of the following apply:
i. Setbacks.
(1) Front Setback. The front setback of the underlying
zoning district shall apply.
(2) Side and Rear Setbacks. 4 feet.
ii. Minimum Size. The minimum size of an ADU is 150 square feet of interior livable space.
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Packet Pg. 394 Attachment: ORD-State Law Updates 2d (7996 : Amending Zoning Ordinance Second Reading) iii. Maximum Size. The following unit size limits apply:
(1) The maximum size of studio or one-bedroom ADU
is 850 square feet of interior livable space.
(2) The maximum size of an ADU with more than one
bedroom is 1,200 square feet of interior livable space. iv. Height. 2 stories or 24 feet.
v. Design Standards.
(1) Upper-story outdoor space standards of the underlying zoning district shall apply.
d. ADUs Located on a Parcel Within the Single-Unit Residential (R1) Zoning District. To increase the supply of diverse housing choices in the R1 Zoning District, and to meet the City's local housing goals and needs identified in the 6th Cycle Housing Element, one ADU may be constructed or established in conjunction with an existing or proposed single-unit dwelling as described below:
i. The ADU is: (1) established pursuant to subsection (I)(1)(c), above, or (I)(2) through a newly constructed addition to a proposed or existing single-unit dwelling subject to the standards set forth in subsection (I)(1)(d)(ii) below.
ii. Newly Constructed Addition to a Proposed or Existing Single-Unit Dwelling. The following standards shall apply to a newly constructed attached ADU to a single-unit dwelling:
(1) Setbacks.
(a) Front Setback. The front setback of the
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Packet Pg. 395 Attachment: ORD-State Law Updates 2d (7996 : Amending Zoning Ordinance Second Reading) underlying zoning district shall apply.
(b) Side and Rear Setbacks. 4 feet.
(2) Minimum Size. The minimum size of an ADU is 150
square feet of interior livable space.
(3) Maximum Size. The following unit size limits apply to ADUs:
(a) The maximum size of studio or one-bedroom
ADU is 850 square feet of interior livable space.
(b) The maximum size of an ADU with more than
one bedroom is 1,200 square feet of interior livable space. (c) Notwithstanding any of the foregoing, the total
floor area of the ADU shall not exceed 50% of the primary dwelling or the maximum size limits in subsections (3)(a) and (3)(b) above, whichever is less.
(4) Height. The height limitations of the underlying zoning district shall apply.
(5) Design standards.
(a) The ADU has exterior access from the existing
single-unit dwelling.
(b) No interior access between an ADU and primary
unit or accessory structure not associated with the ADU is permitted.
(c) Stepback standards of the underlying zoning
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Packet Pg. 396 Attachment: ORD-State Law Updates 2d (7996 : Amending Zoning Ordinance Second Reading) district shall apply.
(d) Upper-story outdoor space standards of the
underlying zoning district shall apply.
iii. Additional Conditions.
(1) The ADU shall be used as a rental unit subject to a deed restriction in a form approved by the City Attorney or shall be separately sold or conveyed as a condominium under the conditions set forth in Section 9.31.026.
2. ADUs in Conjunction with Multiple-Unit Dwellings.
a. Converted ADUs. At least one ADU, or up to 25% of the existing multiple-unit dwelling total unit count, whichever is greater, may be established within the portions of an existing multiple-unit dwelling that are not used as livable space, including, but not limited to, storage rooms, boiler rooms, passageways, attics, basements, or garages, if each unit complies with State building standards for dwellings.
b. Detached ADUs. Up to two detached ADUs are permitted on a parcel with a proposed multiple-unit dwelling, or up to eight detached ADUs are permitted on a parcel with an existing multiple-unit dwelling, not to exceed the number of existing units on the parcel if all of the following apply:
i. Setbacks.
(1) Front Setback. The front setback of the underlying
zoning district shall apply.
(2) Side and Rear Setbacks. 4 feet
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Packet Pg. 397 Attachment: ORD-State Law Updates 2d (7996 : Amending Zoning Ordinance Second Reading) ii. Minimum Size. The minimum size of an ADU is 150 square feet of interior livable space.
iii. Maximum Size. The following unit size limits apply to ADUs:
(1) The maximum size of studio or one-bedroom ADU
is 850 square feet of interior livable space.
(2) The maximum size of an ADU with more than one
bedroom is 1,200 square feet of interior livable space. iv. Height. 24 feet in height.
v. Design Standards.
(1) Upper-Story Outdoor Space. The standards and
requirements of the underlying zoning district shall apply.
J. State Mandated ADUs and JADUs. Notwithstanding subsection I, above, pursuant to Government Code Section 66323, the City shall ministerially approve pursuant to subsection G, above, an application for a building permit within a residential or mixed- used zoning district to create ADUs and JADUs as set forth in subsection (J)(1), below, subject to additional conditions stated in subsection (J)(2), below.
1. Permitted ADUs and JADUs.
a. Single Unit Dwellings - Converted ADUs and JADUs. One ADU and one JADU per parcel with a proposed or existing single-unit dwelling if all of the following apply:
i. The ADU or JADU is within: (1) the proposed space of a single-unit dwelling; (2) existing space of a single-unit dwelling; or (3) an existing accessory structure.
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Packet Pg. 398 Attachment: ORD-State Law Updates 2d (7996 : Amending Zoning Ordinance Second Reading) ii. The ADU or JADU has exterior access from the proposed or existing single-unit dwelling.
iii. The side and rear setbacks are sufficient for fire and safety. iv. The JADU complies with the requirements of subsection K, below.
v. For ADUs and JADUs established within an existing
accessory structure, an expansion of not more than 150 square feet beyond the same physical dimensions may be permitted provided that the expansion shall be limited to accommodating ingress and egress. b. Single-Unit Dwelling - Detached ADUs. One detached, new construction, ADU that does not exceed 4-foot side and rear setbacks for a parcel with a proposed or existing single-unit dwelling. The ADU may be combined with JADU described in subsection (J)(1)(a), above, and shall comply with the following. i. The total floor area shall not exceed 800 square feet of interior livable space.
ii. The height limitations as provided in subparagraph (A), (B), or (C) of paragraph (4) of subdivision (b) of Government Code Section 66321. c. Multiple-Unit Dwelling - Converted ADUs. At least one ADU, or up to 25% of the existing multiple-unit dwelling total unit count, whichever is greater, may be established within the portions of an existing multiple-unit dwelling that are not used as livable space, including, but not limited to, storage rooms, boiler rooms, passageways, attics, basements, or garages, if each unit complies with State building standards for dwellings.
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Packet Pg. 399 Attachment: ORD-State Law Updates 2d (7996 : Amending Zoning Ordinance Second Reading) d. Multiple-Unit Dwelling - Detached ADUs. Up to two detached ADUs are permitted on a parcel with a proposed multiple-unit dwelling, or up to eight detached ADUs are permitted on a parcel with an existing multiple-unit dwelling, not to exceed the number of existing units on the parcel. The proposed detached ADUs shall be subject to the height limitations as provided in subparagraph (A), (B), or (C) of paragraph (4) of subdivision (b) of Government Code Section 66321, and side and rear setbacks of no more than 4 feet. If the existing multiple-unit dwelling has a side or rear setback of less than 4 feet, the City shall not require any modification of the existing multiple-unit dwelling as a condition of approving the application to construct an ADU that satisfies the requirements of this subsection.
2. Additional Conditions.
a. No additional objective development or design standards shall be imposed on a ADU or JADU other than the ones provided in subsection (J)(1), above.
b. Approval of a ADU or JADU established pursuant to subsection (J)(1), above, shall not be conditioned upon the correction of nonconforming zoning conditions.
c. A rental ADU created pursuant to subsection (J)(1), above, shall be rented for a term longer than 30 days.
K. Junior Accessory Dwelling Units. JADUs established pursuant to this Section shall be subject to the following:
1. One JADU may be established per parcel zoned for single-unit dwellings with an existing or proposed single-unit dwelling. The JADU shall be established within
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Packet Pg. 400 Attachment: ORD-State Law Updates 2d (7996 : Amending Zoning Ordinance Second Reading) the walls of the existing or proposed single-unit dwelling, including, but not limited to, attached garages.
2. Except as provided in subsection (k)(2)(c) below, owner-occupancy shall be required in either:
a. The single-unit dwelling in which the JADU is permitted, or b. The JADU.
c. Notwithstanding the foregoing, owner-occupancy shall not be required if the JADU has separate sanitation facilities, or if the owner is another governmental agency, land trust, or housing organization.
3. A deed restriction shall be recorded, which shall run with the land, and shall include the following:
a. A prohibition on the sale of the JADU separate from the sale of the single-unit dwelling, including a statement that the deed restriction may be enforced against future purchasers.
b. A restriction on the size and attributes of the JADU that conforms with this Section.
4. A JADU shall:
a. Include a separate entrance from the main entrance to the proposed or existing single-unit dwelling.
b. If a JADU unit does not include a separate bathroom, the JADU shall include an interior entry to the main living area of the single-unit dwelling. c. A JADUs shall include an efficiency kitchen, which shall include all of the following:
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Packet Pg. 401 Attachment: ORD-State Law Updates 2d (7996 : Amending Zoning Ordinance Second Reading) i. A cooking facility with appliances.
ii. A food preparation counter and storage cabinets that are of reasonable size in relation to the size of the junior accessory dwelling unit.
L. Parking.
1. Required Parking. No parking shall be required for an ADU or JADU. If parking is provided, it shall comply with all development standards set forth in Chapter
9.28, Parking, Loading, and Circulation, and the requirements for the district in which the ADU or JADU is located.
2. No Replacement. When parking areas including, but not limited to, garages, carports, covered parking structures, or uncovered parking spaces, are demolished in conjunction with the construction of an ADU or JADU or converted to an ADU or JADU, the eliminated off-street parking spaces are not required to be replaced.
M. Lease Terms. An ADU or JADU shall be subject to any restrictions or requirements for lease terms that apply to all residential dwelling units in the City. In addition, except as may be permitted under Santa Monica Municipal Code Chapter 6.20, Home-Sharing and Vacation Rentals, an ADU shall not be used for rentals of terms of 30 days or less. A JADU shall not be used for rentals of terms of 30 days or less.
N. Limitations on Separate Sale.
1. Except as provided in subsection (N)(2), below, no ADU or JADU may be sold or otherwise conveyed separately from the parcel and the primary dwelling (in the case of a single-unit dwelling) or from the parcel and all of the dwellings (in the case of a multiple-unit dwelling).
2. Notwithstanding the prohibition in subsection (N)(1), above, an ADU may
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Packet Pg. 402 Attachment: ORD-State Law Updates 2d (7996 : Amending Zoning Ordinance Second Reading) be sold or conveyed separately from the primary residence to a qualified buyer in accordance with the provisions of Government Code Section 66340 or Section 9.31.026, Accessory Dwelling Unit Condominiums.
O. Development Impact Fees. ADUs and JADUs established pursuant to this Section shall be exempt from the impact fees specified in Chapter 9.64, Affordable Housing Production Program, Chapter 9.65, Child care Linkage Program, Chapter 9.66, Transportation Impact Fee Program, and Chapter 9.67, Parks and Recreation Development Impact Fee Program.
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Packet Pg. 403 Attachment: ORD-State Law Updates 2d (7996 : Amending Zoning Ordinance Second Reading) Section 9.31.035. Adaptive Reuse Projects.
A. Purpose and Intent. The purpose of this Section is to encourage and facilitate the conversion of existing buildings to new residential uses.
B. Definitions. The following words or phrases as used in this Section shall have the following meanings:
1. Adaptive Reuse Project. A housing development project that includes a change of use of all or any portion of existing floor area in any legally permitted building to a residential use.
2. Existing Building Envelope. The aggregate of building mass and building bulk that exists at the time the project application is filed.
C. Project Eligibility. Qualifying projects must meet the following provisions:
1. Existing Building Envelope. The adaptive reuse project shall be located within the existing building envelope, except as provided below in subsections (C)(2) and (C)(3).
2. Additional Stories. Additions to an adaptive reuse project shall be limited to the following:
a. Reallocation of Existing Floor Area. The adaptive reuse project may relocate existing floor area from one part of the existing building but in no case, exceed an additional two stories above the existing height of the building. b. Bonus New Floor Area. The adaptive reuse project may also include new floor area within the parcel(s) for residential use as set forth below:
i. Top Addition. The adaptive reuse project must not expand the existing building envelope by more than a maximum of two additional stories
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Packet Pg. 404 Attachment: ORD-State Law Updates 2d (7996 : Amending Zoning Ordinance Second Reading) constructed on top of the existing building for residential uses. ii. Rear/Side Additions. In addition to subsection(C)(2)(b)(i), the adaptive reuse project may also include new construction located to the rear or side of the existing building subject to the following:
(1) Parcels in the Residential Zoning Districts and
Neighborhood Commercial Zoning District. The side/rear
construction does not exceed more than one story above the highest occupiable floor of the existing building.
(2) Parcels in Other Zones. The new side/rear construction does not exceed more than 100% of the existing building floor area and must not exceed one story above the highest occupiable floor of the existing building.
iii. Enclosure of Existing Covered Spaces at the Ground Level.
Subject to the floor area limitations of Subsection (C)(2)(b)(ii)(2) above, the adaptive reuse project may also add floor area through the enclosure of covered arcades, atria, paseos, walkways, and corridors located at the ground level, which were in existence as of December 31, 2024.
3. Bonus Story for Common Residential Amenities. One additional story of residential amenities (including rooftop open space) may be constructed.
4. Demolition. The adaptive reuse project shall not demolish the existing building as defined in Section 9.25.030.
5. Conversion Types. Except as provided in subsection (C)(5)(d) below, adaptive reuse projects may only convert from:
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Packet Pg. 405 Attachment: ORD-State Law Updates 2d (7996 : Amending Zoning Ordinance Second Reading) a. Nonresidential land uses to multiple-unit dwelling use, except that conversion of any existing hotel and motel uses shall be prohibited. b. Nonresidential land uses to Live-Work use in Nonresidential Districts only.
c. Any building in a Residential District, except buildings located in the Single-Unit Residential and Ocean Park Single-Unit Residential Districts, that has never been utilized as a multiple-unit dwelling use to multiple-unit dwelling use. d. Notwithstanding any of the foregoing, any existing floor area may convert to an extremely affordable adaptive reuse project, as defined in Government Code Section 65913.12, or 100% affordable housing projects.
6. Unit Threshold. The adaptive reuse project must result in the creation of a minimum of two dwelling units. The two dwelling units shall be within the existing building envelope, except where the project is located on a parcel(s) in the Residential and Neighborhood Commercial Zoning Districts.
D. Procedures.
1. Process. Adaptive reuse projects shall be processed as Administrative Approvals pursuant to Chapter 9.39.
2. Development Impact Fees. Adaptive reuse projects shall be exempt from impact fees established pursuant to Chapter 9.66 Transportation Impact Fee, Chapter
9.65 Child Care Linkage Fee, and Chapter 9.30 Cultural Arts Fee.
3. Chapter 9.64, Affordable Housing Production Program. Adaptive reuse projects under this Section are exempt from the affordable housing requirements of Chapter 9.64 Affordable Housing Production Program.
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Packet Pg. 406 Attachment: ORD-State Law Updates 2d (7996 : Amending Zoning Ordinance Second Reading)
4. Relationship to Chapter 9.56, Landmarks and Historic District Ordinance. Adaptive reuse projects for City-Designated Historic Resources must comply with Chapter 9.56 Landmarks and Historic Districts Ordinance. For special development standards for preservation of Historic Resources, refer to Section 9.01.050.
For preservation incentives, refer to Section 9.56.270. For modifications and waivers available to designated historic resources, refer to Section 9.43.100(G).
E. Incentives. Eligible adaptive reuse projects shall be entitled to the following incentives:
1. Legal non-conforming structures on site may be maintained as set forth in Section 9.27.030.
2. Modification and/or reduction of development standards as set forth below:
a. Residential Districts.
i. Density Limits. The addition of units shall not be counted toward the maximum density limits applicable for the parcel(s). ii. Floor Area Ratios. Where applicable, the addition of floor area shall not be counted toward the maximum floor area ratio limits applicable for the parcel(s).
iii. Stories. The addition of stories shall not be counted toward the maximum story limits applicable for the parcel(s).
iv. Building Height. Additional height up to 24 feet for Top Addition and additional height up to 12 feet for bonus story of residential amenities shall not be counted toward the maximum height limits applicable for the parcel(s).
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Packet Pg. 407 Attachment: ORD-State Law Updates 2d (7996 : Amending Zoning Ordinance Second Reading) v. Floor Area Ratios. Floor area ratios shall not apply. vi. Setbacks. Existing building setbacks may remain, and additions(s) to the existing building to accommodate bonus new floor area may continue nonconforming setbacks provided that the addition(s) do(es) not extend closer than four feet to the side and rear parcel line. vii. Stepbacks. Where applicable, stepback requirements shall not apply.
viii. Transitional Requirements Adjacent to R1 District. R1 transitional requirements shall not apply.
ix. Open Space and Landscaping. Minimum outdoor living area, courtyards, and minimum planting area requirements shall not apply. x. Unit Mix. Unit mix requirements shall not apply.
xi. Off-Street Parking. Where there is existing parking, and the adaptive reuse project is outside 1/2 mile of a major transit stop, the adaptive reuse project is only required to maintain or replace at least 50% of the existing on-site parking serving an existing use. Minimum off-street parking requirements shall not apply to adaptive reuse projects located outside 1/2 mile of a major transit stop.
xii. Bicycle Parking. Long term and short-term bicycle parking requirements shall not apply.
b. Nonresidential Districts.
i. Floor Area Ratios. The addition of floor area shall not be counted toward the maximum FAR limits applicable for the parcel(s). ii. Building Height. Additional height up to 24 feet for Top Addition
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Packet Pg. 408 Attachment: ORD-State Law Updates 2d (7996 : Amending Zoning Ordinance Second Reading) and additional height up to 12 feet for bonus story of residential amenities shall not be counted toward the maximum height limits applicable for the parcel(s).
iii. Setbacks. Existing building setbacks may remain, and additions(s) to the existing building to accommodate bonus new floor area may continue nonconforming setbacks.
iv. Pedestrian Oriented Design. Pedestrian-oriented design requirements shall not apply.
v. Ground Floor Height. Minimum ground floor height
requirements shall not apply.
vi. Stepbacks. Building stepbacks shall not apply.
vii. Daylight Plane. Daylight plane requirements shall not apply. viii. Outdoor Living Area. Minimum outdoor living area
requirements shall not apply.
ix. Unit Mix. Unit mix requirements shall not apply.
x. Off-Street Parking. Where there is existing parking, and the adaptive reuse project is outside 1/2 mile of a major transit stop, the adaptive reuse project is only required to maintain or replace at least 50% of the existing on-site parking serving an existing use. Minimum off-street parking requirements shall not apply to adaptive reuse projects located outside 1/2 mile of a major transit stop.
xi. Bicycle Parking. Long term and short term bicycle parking requirements shall not apply.
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Packet Pg. 409 Attachment: ORD-State Law Updates 2d (7996 : Amending Zoning Ordinance Second Reading) xii. Loading Space. Where there is existing loading, the adaptive reuse project shall be required to maintain current, existing dimensions. No new additional loading spaces shall be required.
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Packet Pg. 410 Attachment: ORD-State Law Updates 2d (7996 : Amending Zoning Ordinance Second Reading) Section 9.31.195. Multiple-Unit Dwelling Projects.
The purpose of this Section is to establish requirements for multiple-unit dwelling projects; however, 100% affordable housing projects are exempt from subsections (A) and (B) of this Section.
A. Unit Mix. Multiple-unit dwelling projects with more than 50 units shall incorporate the requirements set forth below, except Tier 2 projects shall comply with Section
9.23.030(A)(2).
1. For market rate units:
a. At least 10% of the units shall be three-bedroom units; b. At least 10% of the units shall be two-bedroom units; c. No more than 15% of the units shall be studio units;
2. Affordable housing unit mix shall be governed by Chapter 9.64, Affordable Housing Production Program.
3. The Director may grant a waiver from this unit mix requirement pursuant to the requirements and procedures for Waivers in Chapter 9.43.
B. Transportation Demand Management. Multiple-unit dwelling projects that meet the applicability established in Section 9.53.030 shall include the following Transportation Demand Management measures in addition to those required by Chapter 9.53, Transportation Demand Management:
1. For nonresidential components of projects, provide the following:
a. A Transportation Allowance equivalent to at least 75% of the cost of a monthly regional transit pass, in accordance with Section 9.53.130(B)(2)(b)(viii). b. Bike valet, free of charge, during all automobile valet operating hours.
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Packet Pg. 411 Attachment: ORD-State Law Updates 2d (7996 : Amending Zoning Ordinance Second Reading)
2. For residential components of projects, provide a Transportation Allowance equivalent to at least 75% of the cost of a monthly regional transit pass, in accordance with Section 9.53.130(B)(2)(c)(iv).
C. Air Quality Assessment Zone. Multiple-unit dwelling projects within the Air Quality Assessment Zone shall be required to complete a form provided by the Director that prescribes the required design features to reduce exposure to diesel particulate matter (DPM) as a part of the early project design process. Such form shall be submitted at the time of project application and shall be subject to review and approval by the Director prior to project approval.
D. Unit Replacement Requirements. Multiple-unit dwelling projects shall comply with all applicable residential unit replacement requirements in Chapter 9.34, Residential Unit Replacement Requirements.
E. Objective Design Standards for Streamlined, Ministerial Approval Process Established by Senate Bill 35. Qualifying multiple-unit dwelling projects that elect to use the streamlined, ministerial approval process established by Senate Bill 35 (SB 35), and set forth in Government Code Section 65913.4, shall be required to comply with objective design review standards, which may be established by resolution of the City Council.
F. Phase 1 Environmental Site Assessment. Multiple-unit dwelling projects in nonresidential districts or on a site identified on a list of hazardous materials sites compiled pursuant to Government Code Section 65962.5 shall conduct a Phase 1 Environmental Site Assessment (ESA) to investigate for the presence of hazardous materials and/or waste contamination. If the Phase 1 ESA finds that contaminated soil or groundwater is suspected to be present, the Applicant shall perform soil sampling and
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Packet Pg. 412 Attachment: ORD-State Law Updates 2d (7996 : Amending Zoning Ordinance Second Reading) analysis as necessary to determine the extent of contamination. If contaminants are detected in soil, soil vapor, and/or groundwater at or above regulatory levels, then no certificate of occupancy shall be issued unless the following conditions have been satisfied:
1. If the project site is on an underground storage tank site, a uniform closure letter has been issued pursuant to subdivision (g) of Section 25296.10 of the Health and Safety Code based on closure criteria established by the State Water Resources Control Board for residential use or residential mixed uses; or
2. The State Department of Public Health, State Water Resources Control Board, Regional Water Quality Control Board, Department of Toxic Substances Control, or a local agency making a determination pursuant to subdivision (c) of Section 25296.10 of the Health and Safety Code, has otherwise determined that the site is suitable for residential use or residential mixed uses.
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Packet Pg. 413 Attachment: ORD-State Law Updates 2d (7996 : Amending Zoning Ordinance Second Reading) Section 9.52.010. List of Terms.
30% Income Household
50% Income Household
60% Income Household
80% Income Household
100% Affordable Housing Project
Abandoned, Abandonment
Abutting, Adjoining, or Adjacent
Access
Accessory Building
Accessory Dwelling Unit
Accessory Food Service
Accessory Structure
Accessory Use
Act of Nature
Affordable Rent
Alley
Alteration
Arcade
Area Median Income (AMI)
Artist
Attic
Awning
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Packet Pg. 414 Attachment: ORD-State Law Updates 2d (7996 : Amending Zoning Ordinance Second Reading) Balcony
Base District
Base Height
Basement
Bathroom
Bay Window
Bedroom
Block
Buffer, Buffering
Building
Building, Accessory
Building, Principal
Building Code
Building Face
Building Envelope
Building Footprint
Building Height
Building Site
Build-To Line
California Department of Alcoholic Beverage Control (ABC) California Environmental Quality Act (CEQA)
Canopy
Car Sharing
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Packet Pg. 415 Attachment: ORD-State Law Updates 2d (7996 : Amending Zoning Ordinance Second Reading) Carport
Change of Use
Clerestory
City
City Council
City Engineer
City-Designated Contributing Building or Structure
City-Designated Historic Resource
City-Designated Landmark
City-Designated Structure of Merit
Commercial Boulevard
Conditionally Permitted
Construction
Corner Build-To Area
County
Courtyard
Cripple Wall
Curb Cut
Daylight Plane
Deck
Demising Wall
Demolition Development
Development Agreement
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Packet Pg. 416 Attachment: ORD-State Law Updates 2d (7996 : Amending Zoning Ordinance Second Reading) Director
Disability
Discretionary Permit
District
Domestic Violence Shelter
Driveway
Dwelling Unit
Easement
Effective Date
Emergency
Entrance
Environmental Review
Environmental Impact Report (EIR)
Erect
Excavation
Façade
Façade, Street-Facing
Feasible
Fee Fence
Floor Area
Floor Area Ratio
Footprint
Frontage, Street
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Packet Pg. 417 Attachment: ORD-State Law Updates 2d (7996 : Amending Zoning Ordinance Second Reading) Garage
Semi-Subterranean Garage
Subterranean Garage
Garage Sales
General Plan
Glare
Government Code
Grade
Average Natural Grade
Existing Grade
Finished Grade
Segmented Average
Natural Grade
Theoretical Grade
Ground Floor
Ground Floor Street Frontage
Habitation
Hazardous Materials
Height
Historic Resource
Historic Resources Inventory
Home Occupation
Household
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Packet Pg. 418 Attachment: ORD-State Law Updates 2d (7996 : Amending Zoning Ordinance Second Reading) Housing Project
Illegal Use
Intensity of Use
Interactive Process
Intersection, Street
Junior Accessory Dwelling Unit Kitchen
Landscape
Automatic Controller Backflow Prevention Device Groundcover Hedge
Irrigation System Landscaping
Moisture Sensing Device Mulch
Plant Area
Lighting
Foot-Candle
Light Fixture
Shielded Fixture
Lightwell
Living Quarters
Loading Space
Loft
Lot
Maintenance and Repair
Major Transit Stop
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Packet Pg. 419 Attachment: ORD-State Law Updates 2d (7996 : Amending Zoning Ordinance Second Reading) Manufactured Housing
Mezzanine
Mixed-Use Development
Mobile Home Park
Natural Disaster
Nonconforming Building
Nonconforming Structure
Nonconforming Use
Open Space
Open Space, Common
Open Space, Private
Open Space, Usable
Outdoor Sales, Temporary and Seasonal Outdoor Storage
Overlay District
Parapet
Parcel
Parcel, Corner
Parcel, Flag
Parcel, Key
Parcel, Reversed Corner
Parcel, Through
Parcel Area
Parcel Depth
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Packet Pg. 420 Attachment: ORD-State Law Updates 2d (7996 : Amending Zoning Ordinance Second Reading) Parcel Frontage
Parcel Line
Parcel Line, Front
Parcel Line, Rear
Parcel Line, Side
Parcel Width
Parking Facility
Accessory Parking
Long-Term Parking
Parking, Bicycle
Long-Term Bicycle Parking
Short-Term Bicycle Parking
Parking Space, Off-Street
Accessible Parking
Car Share Parking
Independently-Accessible Parking
Shared Parking
Stacked Parking
Tandem Parking
Unbundled Parking
Valet Parking
Parking Structure
Semi-Subterranean
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Packet Pg. 421 Attachment: ORD-State Law Updates 2d (7996 : Amending Zoning Ordinance Second Reading) Subterranean
Patio
Paving
Permit
Permitted Use
Person
Person with a Disability
Planning Commission
Plaza
Podium
Port Cochere
Pre-Existing
Primary Use
Private Tennis Court
Project
Public Land
Public Resources Code
Qualified Applicant
Ramp
Reasonable Accommodation
Reasonable Modification
Residential Use
Review Authority
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Packet Pg. 422 Attachment: ORD-State Law Updates 2d (7996 : Amending Zoning Ordinance Second Reading) Right
-of-Way
Roof
Barrel Roof
Gambrel Roof
Hip Roof
Mansard Roof
Pitched Roof
Shed Roof
Roof Deck
Screening
Security Grate or Grilles
Senior Citizen
Setback
Setback, Front
Setback, Rear
Setback, Side
Setback, Street Side
Sexually-Oriented Business
Shrub
Sidewalk
Sidewalk Café
Sign-Related Definitions
Site
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Packet Pg. 423 Attachment: ORD-State Law Updates 2d (7996 : Amending Zoning Ordinance Second Reading) Skylight
Solar Energy System
State Historical Building Code
Story
Street
Street Tree
Street Wall
Structural Alterations
Structure
Structure, Accessory
Structure, Main
Structure, Subterranean
Structure, Temporary
Subdivision
Swimming Pool
Temporary Structure
Third Street Promenade Area
Tower
Trailer
Trash Screen/Enclosure Unit
Use
Use, Accessory
Use, Primary
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Packet Pg. 424 Attachment: ORD-State Law Updates 2d (7996 : Amending Zoning Ordinance Second Reading) Use Classification
Use Permit
Use Type
Utilities
Vibration
View Corridor
Wall
Window
Primary Room Window
Secondary Room Window
Yard
Zoning Administrator
Zoning District
Section 9.52.020. Definitions.
The following words or phrases as used in this Article shall have the following meanings:
9.52.020.0010 30% income household. A household whose gross income does not exceed the 30% income limits applicable to the Los Angeles-Long Beach Primary Metropolitan Statistical Area, adjusted for household size, as published and periodically updated by HUD.
9.52.020.0020 50% income household. A household whose gross income does not exceed 50% of the area median income, adjusted for household size, as published and periodically updated by HUD. 50% income households include 30% income households.
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Packet Pg. 425 Attachment: ORD-State Law Updates 2d (7996 : Amending Zoning Ordinance Second Reading)
9.52.020.0030 60% income household. A household whose gross income does not exceed 60% of the area median income, adjusted for household size, as published and periodically updated by HUD. 60% income households include 50% income households.
9.52.020.0040 80% income household. A household whose gross income does not exceed 80% of the area median income, adjusted for household size, as published and periodically updated by HUD. 80% income households include 60% income households.
9.52.020.0050 100% affordable housing project. Housing projects with a minimum of 25% of the units deed restricted or restricted by an agreement approved by the City for occupancy by 60% Income Households or less and the remainder of the housing units are deed restricted or restricted by an agreement approved by the City for occupancy by 80% Income Households or less. Such projects may include nonresidential uses not to exceed 33% of the project's total floor area.
9.52.020.0060 Abandoned, abandonment. When, for a continuous period of one year or more, a nonconforming building, parcel, or use ceases. Resumption of a use after abandonment is a change of use. See Division 3, Section 9.27.050(B), Nonconforming Uses, Structures, and Parcels, for additional regulations.
9.52.020.0070 Abutting, adjoining, or adjacent. Having a common property line or district line or separated only by an alley, path, private street, or easement.
9.52.020.0080 Access. The place, or way through which pedestrians and/or vehicles shall have safe, adequate and usable ingress and egress to a property or use as required by this Article.
9.52.020.0090 Accessory building. See Building, Accessory.
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Packet Pg. 426 Attachment: ORD-State Law Updates 2d (7996 : Amending Zoning Ordinance Second Reading)
9.52.020.0095 Accessory dwelling unit. An attached or detached residential dwelling unit that provides complete independent living facilities for one or more persons and that is located on a parcel with a proposed or existing primary single-unit or multi-unit dwelling.
See Division 3, Section 9.31.025, Accessory Dwelling Units and Junior Accessory Dwelling Units, for further details.
9.52.020.0100 Accessory food service. Establishments where food is located on the same parcel as or within a primary permitted use and is clearly incidental to the primary permitted use that is not an eating and drinking establishment. Food service that is more extensive than these provisions will cause this use to be considered an eating and drinking establishment subject to all of the applicable regulations. See Division 3, Section
9.31.030, Accessory Food Service, for further details.
9.52.020.0110 Accessory structure. See Structure, Accessory. 9.52.020.0120 Accessory use. See Use, Accessory.
9.52.020.0130 Act of nature. A natural occurrence such as an earthquake, flood, tidal wave, hurricane, superstorm, meteor, or tornado which causes substantial damage to buildings or property.
9.52.020.0135 Affordable rent. Affordable rent shall mean the following:
A. For 30% income households, the product of 30% times 30% of the area median income adjusted for household size appropriate for the unit.
B. For 50% income households, the product of 30% times 50% of the area median income adjusted for household size appropriate for the unit.
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Packet Pg. 427 Attachment: ORD-State Law Updates 2d (7996 : Amending Zoning Ordinance Second Reading) C. For 80% income households whose gross incomes exceed the maximum incomes for 50% income households, the product of 30% times 60% of the area median income adjusted for household size appropriate for the unit.
D. For moderate income households, the product of 30% times 110% of the area median income adjusted for household size appropriate for the unit.
For purposes herein, affordable rent shall be adjusted as necessary to be consistent with pertinent Federal or State statutes and regulations governing Federal or State assisted housing.
9.52.020.0140 Alley. A public way permanently reserved for access to the rear or side of properties otherwise abutting on a street.
9.52.020.0150 Alteration. Any change, addition or modification that changes the exterior architectural appearance or materials of a structure or object. Alteration includes changes in exterior surfaces, changes in materials, additions, remodels, demolitions, and relocation of buildings or structures, but excludes ordinary maintenance and repairs.
9.52.020.0160 Arcade. A public passageway or colonnade open along at least one side, except for structural supports, usually covered by a canopy or permanent roofing.
9.52.020.0165 Area median income (AMI). The median family income published from time to time by HUD for the Los Angeles-Long Beach Metropolitan Statistical Area.
9.52.020.0170 Artist. An individual who is recognized by critics and peers; has verifiable training, credentials, and/or reputation in the field; and works in one or more of the following areas:
A. A person who works in or is skilled in any of the fine arts, including, but not limited to, painting, drawing, sculpture, book arts, and print making;
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Packet Pg. 428 Attachment: ORD-State Law Updates 2d (7996 : Amending Zoning Ordinance Second Reading) B. A person who creates imaginative works of aesthetic value, including, but not limited to, literature, poetry, play writing, film, video, digital media works, literature, costume design, photography, architecture, music composition, and conceptual art; C. A person who creates functional art, including, but not limited to, jewelry, rugs, decorative screens and grates, furniture, pottery, toys, and quilts; D. A performer, including, but not limited to, singers, musicians, dancers, actors, and performance artists.
9.52.020.0180 Attic. The area less than 7 feet in height, located above the ceiling of the top story and below the roof that is not usable as habitable or commercial space and is not accessible via a permanent access structure. An attic shall not be considered a story.
City-designated landmarks may adapt attics to be habitable so long as they are within the historic building envelope and result in no change to the roofline. Such an adoption will also not be considered a story.
9.52.020.0190 Awning. An architectural projection that provides weather protection, identity or decoration and is wholly supported by the building to which it is attached. An awning is typically constructed of non-rigid materials on a supporting framework which projects from and is supported by the exterior wall of a building.
9.52.020.0200 Balcony. A platform that projects from the wall of a building 30 inches or more above grade that is accessible from the building's interior, is not accessible from the ground and is not enclosed by walls on more than 2 sides. See also Deck.
9.52.020.0210 Base district. See Zoning District.
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Packet Pg. 429 Attachment: ORD-State Law Updates 2d (7996 : Amending Zoning Ordinance Second Reading)
9.52.020.0220 Base height. The maximum height to which a building or structure may be built by right pursuant to the Land Use and Circulation Element (LUCE) of the General Plan. This is also called the Tier 1 height.
9.52.020.0230 Basement. The level(s) of a structure located below Average Natural Grade, Segmented Average Natural Grade, or Theoretical Grade, in which no portion of the level directly below Average Natural Grade, Segmented Average Natural Grade, or Theoretical Grade projects more than 3 feet above Average Natural Grade, Segmented Average Natural Grade, or Theoretical Grade. Up to 4 wall surfaces of the level directly below Average Natural Grade, Segmented Average Natural Grade, or Theoretical Grade may be exposed above Finished Grade, so long as this exposure does not exceed 40% of each of these wall surface areas. Each wall surface area is calculated by multiplying the height by the length of the wall. In addition, the visible wall surface height of these walls shall not exceed 3 feet above Finished Grade, except for an entrance to a garage, which must be designed to the minimum feasible width and not exceed the maximum size requirements set forth in Chapter 9.28, or for any light well or emergency egress as required by the Building Code. A basement shall not be considered a story.
9.52.020.0240 Bathroom. A room containing a sink, a toilet, and a shower and/or bathtub.
9.52.020.0250 Bay window. An angular or curved window that projects from the building surface.
9.52.020.0260 Bedroom. Any habitable space in a dwelling unit or accessory structure other than a kitchen or living room that is intended for or capable of being used for sleeping, is at least 70 square feet in area, is separated from other rooms by a door, and is accessible to a bathroom without crossing another bedroom.
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Packet Pg. 430 Attachment: ORD-State Law Updates 2d (7996 : Amending Zoning Ordinance Second Reading)
9.52.020.0270 Block. Property bounded on all sides by a public right-of-way.
9.52.020.0280 Building. Any structure having a roof supported by columns or walls and intended for the shelter, housing or enclosure of any individual, animal, process, equipment, goods or materials.
9.52.020.0290 Building, accessory. A detached building located on the same parcel as the principal building, which is incidental and subordinate to the principal building in terms of both size and use. A building will be considered part of the principal building if located less than 4 feet from the principal building or if connected to it by fully enclosed space.
9.52.020.0300 Building, principal. A building in which the principal use of the parcel on which it is located is conducted.
9.52.020.0310 Building Code. Any ordinance of the City governing the type and method of construction of buildings, signs, and sign structures and any amendments thereto and any substitute therefor, including, but not limited to, the California Building Code, the State Historic Building Code, other state-adopted uniform codes and the Minimum Building Security Standards Ordinance.
9.52.020.0320 Building face. The general outer surface of the structure or walls of a building. Where bay windows or pillars project beyond the walls, the outer surface of the windows or pillars shall be considered to be the face of the building.
9.52.020.0330 Building envelope. The aggregate of building mass and building bulk permitted on a parcel which is defined by height regulations, setbacks and other property development standards.
9.52.020.0340 Building footprint. See Footprint. 9.52.020.0350 Building height. See Height.
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Packet Pg. 431 Attachment: ORD-State Law Updates 2d (7996 : Amending Zoning Ordinance Second Reading)
9.52.020.0360 Building site. A parcel or parcels of land occupied or to be occupied, by a main building and accessory buildings together with such open spaces as are required by the terms of this title and having its principal frontage on a street, road, highway, or waterway.
9.52.020.0370 Build-to line. A line parallel to the parcel line where the facade of the building is required to be located.
9.52.020.0380 Buffer, buffering. An area on a parcel which is designed to separate structures and uses from the general public and/or adjacent properties to reduce negative impacts. It may include landscaping, fences, and walls.
9.52.020.0390 California Department of Alcoholic Beverage Control (ABC). The California State agency that regulates the permitting of alcohol beverage sales, including the sale of beer, wine, and distilled spirits.
9.52.020.0400 California Environmental Quality Act (CEQA). Public Resources Code Section 21000 et seq., or any successor statute and associated guidelines (California Code of Regulations Section 15000 et seq.) that require public agencies to document and consider the environmental effects of a proposed action before a decision.
9.52.020.0410 Canopy. A roofed shelter projecting over a sidewalk, driveway, entry, window, or similar area that may be wholly supported by a building or may be wholly or partially supported by columns, poles, or braces extending from the ground.
9.52.020.0420 Car sharing. A formal or informal membership organization that owns a variety of motor vehicles that are parked in a number of different areas. Members use the motor vehicles under the terms of their membership.
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Packet Pg. 432 Attachment: ORD-State Law Updates 2d (7996 : Amending Zoning Ordinance Second Reading)
9.52.020.0430 Carport. A permanently roofed structure providing space for parking or temporary storage of vehicles. It may or may not include sides, but will be considered a garage if all 4 sides are enclosed.
9.52.020.0440 Change of use. A discontinuance of an existing use and the substitution therefor of a use such that the new use represents a different use group (as defined in Chapter 9.51, Use Classifications) or is otherwise differently regulated by the zoning ordinance compared to the prior use. A change of ownership alone does not constitute a change of use. Resumption of a use after abandonment is a change of use.
9.52.020.0450 Clerestory. A window or row of windows which typically run horizontally and are located at the upper portion of a wall to allow additional light and air into a room.
A clerestory is not a skylight.
9.52.020.0460 City. The City of Santa Monica.
9.52.020.0470 City Council. The City Council of the City of Santa Monica.
9.52.020.0480 City Engineer. The City Engineer of the City of Santa Monica.
9.52.020.0490 City-designated contributing building or structure. A building or structure designated by the City as contributing to the designation of an area as a historic district pursuant to Section 9.56.130.
9.52.020.0500 City-designated historic resource. Any existing property or structure that is designated by the City as a Landmark, Structure of Merit, or a Contributor to a Designated Historic District.
9.52.020.0510 City-designated landmark. An improvement designated by the City as appropriate for historic preservation pursuant to Section 9.56.120.
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Packet Pg. 433 Attachment: ORD-State Law Updates 2d (7996 : Amending Zoning Ordinance Second Reading)
9.52.020.0520 City-designated structure of merit. An improvement designated by the City as appropriate for official recognition pursuant to Section 9.56.090.
9.52.020.0530 Commercial boulevard. Commercial boulevards shall include the following:
A. Wilshire Boulevard between the eastern City limits and Ocean Avenue; B. Santa Monica Boulevard between the eastern City limits and Lincoln Boulevard; C. Broadway between the eastern City limits and Lincoln Boulevard; D. Colorado Avenue between the eastern City limits and Lincoln Boulevard; E. Olympic Boulevard between the eastern City limits and Lincoln Boulevard; F. Ocean Park Boulevard between the eastern City limits and Lincoln Boulevard; G. Pico Boulevard between the eastern City limits and Main Street; and H. Lincoln Boulevard between the southern City limits and Wilshire Boulevard.
9.52.020.0540 Conditionally permitted. Permitted subject to approval of a Conditional Use Permit or Minor Use Permit.
9.52.020.0550 Construction. Construction, erection, enlargement, alteration, conversion or movement of any building, structures, or land together with any scientific surveys associated therewith.
9.52.020.0560 Corner build-to area. Area of a corner parcel where the facade of the building is required to be located.
9.52.020.0565 County. County of Los Angeles.
9.52.020.0570 Courtyard. An unroofed area that is completely or mostly enclosed by walls of a building.
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Packet Pg. 434 Attachment: ORD-State Law Updates 2d (7996 : Amending Zoning Ordinance Second Reading)
9.52.020.0580 Cripple wall. The short wood stud walls that enclose a crawl space under the first floor used to support a dwelling between the concrete foundation and the ground floor of a building. It elevates the dwelling above ground to allow access to the utility lines or to level a dwelling built on a slope.
9.52.020.0590 Curb cut. A break in a curb allowing vehicle access from the roadway to a legal parking area within the parcel.
9.52.020.0600 Daylight plane. A setback or series of setbacks on new buildings which allows the flow of light and air to adjacent residential buildings and properties.
9.52.020.0610 Deck. A platform, either freestanding or attached to a building that is used for outdoor space. It typically extends from the facade of a building and is supported by pillars or posts but may be located on a flat portion of a building, such as a roof or setback.
It is distinct from a patio. See also Balcony.
9.52.020.0620 Demising wall. A partition wall that separates one tenant or owner's space from another or from the building hallway or other common area.
9.52.020.0630 Demolition. The destruction, dismantling, or removal of a building or structure or substantial portion of a building or structure so that it constitutes demolition pursuant to the provisions of Section 9.25.030, Demolition Defined.
9.52.020.0640 Development. Any manmade change to improved or unimproved real estate, including, but not limited to, the division of a parcel of land into 2 or more parcels; the construction, reconstruction, conversion, structural alteration, relocation, expansion, or enlargement of any structure; any mining, excavation, landfill or land disturbance; and any use or extension of the use of land.
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Packet Pg. 435 Attachment: ORD-State Law Updates 2d (7996 : Amending Zoning Ordinance Second Reading)
9.52.020.0650 Development agreement. An agreement between the City and any person having a legal or equitable interest in real property for the development of such property and which complies with the applicable provisions of the Government Code Section 65864 et seq., and local law for such development agreements pursuant to Chapter 9.60, Development Agreements.
9.52.020.0660 Director. The Director of the Community Development Department of the City of Santa Monica or designee.
9.52.020.0670 Disability. A mental disability or a physical disability as defined by Government Code Sections 12926(j) and (m).
9.52.020.0680 Discretionary permit. A Development Review Permit, Major Modification, Variance, Minor Use Permit, or Conditional Use Permit, or any other appealable permit that requires findings to be made.
9.52.020.0690 District. See Zoning District.
9.52.020.0700 Domestic violence shelter. A residential facility that provides temporary accommodations to persons or families who have been the victims of domestic violence.
Such a facility may also provide meals, counseling, and other services, as well as common areas for the residents of the facility.
9.52.020.0710 Driveway. An accessway that provides vehicular access between a street and the parking or loading facilities located on an adjacent property.
9.52.020.0720 Dwelling. A structure or portion thereof that is used principally for residential occupancy.
9.52.020.0730 Dwelling unit. One or more rooms designed, occupied or intended for occupancy as separate living quarters, with full cooking, sleeping and bathroom facilities
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Packet Pg. 436 Attachment: ORD-State Law Updates 2d (7996 : Amending Zoning Ordinance Second Reading) for the exclusive use of a single household. A dwelling unit shall exceed 375 square feet in size.
9.52.020.0740 Easement. A portion of land created by grant or agreement for specific purpose; an easement is the right, privilege, or interest which one party has in the land of another.
9.52.020.0750 Effective date. The date on which a permit or other approval becomes enforceable or otherwise takes effect, rather than the date it was signed or circulated.
9.52.020.0760 Emergency. A sudden unexpected occurrence demanding immediate action to prevent or mitigate loss or damage to life, health, property or essential public services.
9.52.020.0770 Entrance. An opening, such as a door, passage, or gate, that allows access to a place.
9.52.020.0780 Environmental review. An evaluation process pursuant to CEQA to determine whether a proposed project may have a significant impact on the environment.
9.52.020.0790 Environmental Impact Report (EIR). An Environmental Impact Report as required under the California Environmental Quality Act.
9.52.020.0800 Erect. To build, construct, attach, hang, place, suspend, or affix to or upon any surface.
9.52.020.0810 Excavation. The removal of soils or other materials below grade to install habitable space, parking, utilities, or landscaping.
9.52.020.0820 Facade. The face of the exterior wall of a building exposed to public view or that wall viewed by persons not within the building. The portion of any exterior elevation
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Packet Pg. 437 Attachment: ORD-State Law Updates 2d (7996 : Amending Zoning Ordinance Second Reading) of a building extending vertically from the grade to the top of a parapet wall or eave and horizontally across the entire width of the building elevation.
9.52.020.0830 Facade, street-facing. Any building facade whose exterior wall faces or is within 45 degrees of parallel to an adjacent street, right-of-way, or public park, plaza, or open space.
9.52.020.0840 Feasible. Capable of being accomplished in a successful manner within a reasonable period of time, taking into account economic, environmental, social and technological factors.
9.52.020.0850 Fee. A payment to the City for the processing of a permit or license application by a City Agency or Department.
9.52.020.0860 Fence. An artificially-constructed barrier of any material or combination of materials erected to enclose or screen an area of land. Fences may also be walls, hedges and screen planting.
9.52.020.0870 Floor area. See Division 1, Section 9.04.080, Determining Floor Area, for rules for calculating floor area.
9.52.020.0880 Floor area ratio. The ratio of the total floor area of all buildings on a parcel to the total area of the parcel. See Division 1, Section 9.04.090, Determining Floor Area Ratio, for rules for calculating floor area ratio.
9.52.020.0890 Footprint. The horizontal area, as seen in plan view, of a building or structure, measured from the outside of exterior walls and supporting columns, and excluding eaves and subterranean and semi-subterranean levels.
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Packet Pg. 438 Attachment: ORD-State Law Updates 2d (7996 : Amending Zoning Ordinance Second Reading)
9.52.020.0900 Frontage, street. That portion of a parcel that borders a public street. "Street frontage" shall be measured along the common parcel line separating said parcel or parcel of land from the public street, highway, or parkway.
9.52.020.0910 Garage. A building or portion thereof, containing accessible and usable enclosed space designed, constructed and maintained for the parking or storage of one or more motor vehicles.
9.52.020.0920 Semi-Subterranean garage. A structure located partly underground used for parking and storage of vehicles.
9.52.020.0930 Subterranean garage. A structure entirely underground, except for openings for ingress and egress.
9.52.020.0940 Garage sales. The sale or offering for sale to the general public of over 5 items of personal property on a portion of a parcel in a residentially zoned district, whether inside or outside any building.
9.52.020.0950 General Plan. The City of Santa Monica General Plan.
9.52.020.0960 Glare. The effect produced by a light source within the visual field that is sufficiently brighter than the level to which the eyes are adapted, such as to cause annoyance, discomfort or loss of visual performance and ability.
9.52.020.0970 Government Code. The Government Code of the State of California.
9.52.020.0980 Grade. The location of the ground surface.
9.52.020.0990 Average natural grade. See Division 1, Section 9.04.050(A)(1).
9.52.020.1000 Existing grade. The elevation of the ground at any point on a parcel as shown on the required survey submitted in conjunction with an application for a building permit or grading permit. Existing grade also may be referred to as natural grade.
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Packet Pg. 439 Attachment: ORD-State Law Updates 2d (7996 : Amending Zoning Ordinance Second Reading)
9.52.020.1010 Finished grade. The finished surface of the ground, paving, lawn, or other improved surface between the building and the parcel line.
9.52.020.1020 Segmented average natural grade. See Division 1, Section
9.04.050(A)(2).
9.52.020.1030 Theoretical grade. See Division 1, Section 9.04.050(A)(3). 9.52.020.1040 Ground floor. The lowest floor of a building other than a basement that is closest to finished grade.
9.52.020.1050 Ground floor street frontage. The first level of a building, other than a basement, that borders a public street.
9.52.020.1060 Habitation. Regular and exclusive use of a space or structure for shelter and other residential purposes in a manner that is private and separate from another residence on the same parcel.
9.52.020.1070 Hazardous materials. Any material, including any substance, waste, or combination thereof, which because of its quantity, concentration, or physical, chemical, or infectious characteristics may cause, or significantly contribute to, a substantial present or potential hazard to human health, safety, property, or the environment when improperly treated, stored, transported, disposed of, or otherwise managed.
9.52.020.1080 Height. The vertical distance from a point on the ground below a structure to a point directly above. See also Division 1, Section 9.04.050, Measuring Height.
9.52.020.1090 Historic resource. Any existing property or structure that is designated as a City Landmark, Structure of Merit, or a Contributor to a Designated Historic District, or is listed on either the California Register of Historical Resources or the National Register of Historic Places.
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Packet Pg. 440 Attachment: ORD-State Law Updates 2d (7996 : Amending Zoning Ordinance Second Reading)
9.52.020.1100 Historic Resources Inventory (HRI). A database containing building descriptions and evaluations of properties that exhibit potential historic, architectural, or cultural significance in Santa Monica. Each property listed on the HRI has been evaluated by professionals using nationwide standards and criteria. The HRI is used to identify properties of potential historic significance, and properties on the HRI are eligible to apply the State Historical Building Code.
9.52.020.1110 Home occupation. A commercial use conducted on residential property by the inhabitants of the subject residence, which is incidental and secondary to the residential use of the dwelling. See Section 9.31.160, Home Occupation.
9.52.020.1120 Household. One or more persons living together in a single dwelling unit, with access to and use of all common living and eating areas and all common areas and facilities for the preparation and storage of food.
9.52.020.1125 Housing project. A use consistent with the definition of "Housing Development Project" for purposes of the Housing Accountability Act, Government Code Section 65589.5, as may be amended, consisting of any of the following:
A. Residential Units only;
B. Mixed-use developments consisting of residential and nonresidential uses that meet any of the following conditions:
1. A mixed-use development that meets both of the following:
a. At least two-thirds of the new or converted square footage is designated for residential use.
b. No portion of the project is designated for use as a hotel, motel, bed and breakfast inn, or other transient lodging.
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Packet Pg. 441 Attachment: ORD-State Law Updates 2d (7996 : Amending Zoning Ordinance Second Reading) i. Notwithstanding subdivision (b), if a mixed-use project includes a hotel, motel, bed and breakfast inn, or other transient lodging, the portion of the mixed-use project which does not include a hotel, motel, bed and breakfast inn, or other transient lodging shall be considered a housing development project. ii. The portion of the project that includes a hotel, motel, bed and breakfast inn, or other transient lodging, shall not be eligible for any benefits conferred on a housing development project by state law, including, but not limited to, those available to a development under Government Code Section 65913.4.
iii. For purposes of this subsection, the term “other transient lodging” does not include either of the following: (1) a residential hotel, as defined in Section 50519 of the Health and Safety Code or (2) after the issuance of a certificate of occupancy, a resident’s use or marketing of a unit for home-sharing in a manner consistent with Chapter 6.20, Home-Sharing and Vacation Rental.
2. At least 50% of the new or converted square footage is designated for residential use and the project meets both of the following:
a. The project includes at least 500 net new residential units. b. No portion of the project is designated for use as a hotel, motel, bed and breakfast inn, or other transient lodging, except a portion of the project may be designated for use as a residential hotel, as defined in Section 50519 of the Health and Safety Code.
3. At least 50% of the net new or converted square footage is designated for
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Packet Pg. 442 Attachment: ORD-State Law Updates 2d (7996 : Amending Zoning Ordinance Second Reading) residential use and the project meets all of the following:
a. The project includes at least 500 net new residential units. b. The project involves the demolition or conversion of at least 100,000 square feet of nonresidential use.
c. The project demolishes at least 50% of the existing nonresidential uses on the site.
d. No portion of the project is designated for use as a hotel, motel, bed and breakfast inn, or other transient lodging, except a portion of the project may be designated for use as a residential hotel, as defined in Section 50519 of the Health and Safety Code.
C. Transitional or supportive housing.
D. Farmworker housing, as defined in subdivision (h) of Section 50199.7 of the Health and Safety Code.
9.52.020.1130 Illegal use. Any use of land or building that does not have the currently required permits and was originally constructed and/or established without permits or approvals required for the use at the time it was brought into existence.
9.52.020.1140 Intensity of use. The extent to which a particular use or the use in combination with other uses affects the natural and built environment in which it is located, the demand for services, and persons who live, work, and visit the area.
Measures of intensity include, but are not limited to, requirements for water, gas, electricity, or public services; number of automobile trips generated by a use; parking demand; number of employees on a site; hours of operation; the amount of noise, light or glare generated; the number of persons attracted to the site, or, in eating
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Packet Pg. 443 Attachment: ORD-State Law Updates 2d (7996 : Amending Zoning Ordinance Second Reading) establishments, the number of seats.
9.52.020.1145 Interactive process. A good faith dialogue to exchange information to identify, evaluate, and implement an accommodation or modification that allows person with a disability equal opportunity to use and enjoy a dwelling.
9.52.020.1150 Intersection, street. The area common to 2 or more intersecting streets.
9.52.020.1155 Junior accessory dwelling unit. A dwelling unit that is no more than 500 square feet in size and is contained entirely within an existing or proposed single-unit dwelling. See Division 3, Section 9.31.025, Accessory Dwelling Units and Junior Accessory Dwelling Units, for further details.
9.52.020.1160 Kitchen. A room or space within a building with appliances used for cooking or preparing food that includes at a minimum, but is not limited to, a sink, refrigerator, and built-in stove top or range.
9.52.020.1170 Landscape. The following terms are related to Division 3, Chapter 9.26, Landscaping.
9.52.020.1180 Automatic controller. An automatic timing device used to remotely control valves that operate an irrigation system.
9.52.020.1190 Backflow prevention device. A safety device used to prevent pollution or contamination of the water supply due to the reverse flow of water from the irrigation system.
9.52.020.1200 Groundcover. A low growing woody or herbaceous plant with low, compact growth habits which normally crawls or spreads, and which forms a solid mat or dense cover over the ground within 2 years of installation. Mature heights of groundcover will usually range from 3 inches to 3 feet.
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Packet Pg. 444 Attachment: ORD-State Law Updates 2d (7996 : Amending Zoning Ordinance Second Reading)
9.52.020.1210 Hedge. A boundary or barrier of plant material formed by a row or series of shrubs, bushes, trees, or other similar vegetation that enclose, divide, or protect an area or that prevent a person from passing between any combination of individual shrubs, bushes, trees, or other similar vegetation.
9.52.020.1220 Irrigation system. Any system, excluding water features, for distribution of water through a pressurized system within the landscape area, including, but not limited to, any system in which any portion is installed below grade or affixed to any structure.
9.52.020.1230 Landscaping. The planting, configuration and maintenance of trees, ground cover, shrubbery and other plant material, decorative natural and structural features (walls, fences, hedges, trellises, fountains, sculptures), earth patterning and bedding materials, and other similar site improvements that serve an aesthetic or functional purpose. See Section 9.26.060.
9.52.020.1240 Moisture sensing device. A device that measures the amount of water in the soil. The device may also suspend or initiate an irrigation event.
9.52.020.1250 Mulch. Any organic material such as leaves, bark, straw, compost, or inorganic mineral materials such as rocks, gravel, and decomposed granite left loose and applied to the soil surface for the beneficial purposes of reducing evaporation, suppressing weeds, moderating soil temperature, and preventing soil erosion.
9.52.020.1260 Plant area. The portion of a parcel that is dedicated to the installation of landscaping.
9.52.020.1270 Lighting. The following terms are related to Section 9.21.080, Lighting.
9.52.020.1280 Foot-candle. A quantitative unit of measure for luminance. One foot-4.I.a Packet Pg. 445 Attachment: ORD-State Law Updates 2d (7996 : Amending Zoning Ordinance Second Reading) candle is equal to the amount of light generated by one candle shining on 1 square foot surface located 1 foot away. Equal to one lumen uniformly distributed over an area of one square foot.
9.52.020.1290 Light fixture. The assembly that holds a lamp and may include an assembly housing, a mounting bracket or pole socket, a lamp holder, a ballast, a reflector or mirrors, and a refractor or lens.
9.52.020.1300 Shielded fixture. Outdoor light fixtures shielded or constructed so that light rays emitted by the lamp are projected below the horizontal plane passing through the lowest point on the fixture from which light is emitted.
9.52.020.1310 Lightwell. The portion of buildable area that is reserved as open space for light and air, usually enclosed by building walls on the subject property or adjacent property and extends for one or more floors.
9.52.020.1320 Living quarters. A structure or portion thereof that is used principally for human habitation.
9.52.020.1330 Loading space. An off-street space or berth on the same parcel with a building for the temporary parking of a vehicle while loading or unloading of goods.
9.52.020.1340 Loft. See Mezzanine. 9.52.020.1350 Lot. See Parcel.
9.52.020.1360 Maintenance and repair. The repair or replacement of nonbearing walls, fixtures, wiring, roof or plumbing that restores the character, scope, size or design of a structure to its previously existing, authorized, and undamaged condition.
9.52.020.1365 Major transit stop. Major transit stop as defined in Public Resources Code Section 21064.3.
9.52.020.1370 Manufactured housing. A structure as defined by Health and Safety
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Packet Pg. 446 Attachment: ORD-State Law Updates 2d (7996 : Amending Zoning Ordinance Second Reading) Code Section 18007, or any successor thereto.
9.52.020.1380 Mezzanine. An intermediate floor within a building interior without walls, partitions, closets, screens or other complete enclosing interior walls or partitions that is open to the floor below and has a floor area that is no greater than one-third of the total area of the overlooked room below. When the total floor area of a mezzanine exceeds one-third of the total area of the overlooked room below it constitutes an additional story and is no longer considered a mezzanine. See Story.
9.52.020.1390 Mixed-use development. The development of a parcel or building with 2 or more different land uses such as, but not limited to, a combination of residential, office, manufacturing, retail, public or entertainment in a single or physically integrated group of structures.
9.52.020.1400 Mobile home park. Any area or tract of land where 2 or more lots are rented or leased, or held out for rent or lease, to accommodate mobile homes used for human habitation in accordance with Health and Safety Code Section 18214, or any successor thereto.
9.52.020.1410 Natural disaster. See Act of Nature.
9.52.020.1420 Nonconforming building. See Nonconforming Structure.
9.52.020.1430 Nonconforming structure. A building or structure that was erected in compliance with the standards and requirements in effect when it was constructed but does not comply with all of the applicable provisions of this Article including, but not limited to, density, floor area, height, setback, usable open space, and other development standards. See Chapter 9.27, Nonconforming Uses and Structures.
9.52.020.1440 Nonconforming use. An occupancy or activity that was established in
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Packet Pg. 447 Attachment: ORD-State Law Updates 2d (7996 : Amending Zoning Ordinance Second Reading) compliance with the standards and requirements in effect at the time it commenced and has not been abandoned within the same structure or on the same parcel since that date but does not comply with all of the applicable provisions of this Article, including, but not limited to, permitted use, location, intensity, operational characteristics, performance standards or hours of operation. See Chapter 9.27, Nonconforming Uses and Structures.
9.52.020.1450 Open space.
9.52.020.1460 Open space, common. Any outdoor area, not dedicated for public use, which is designed and intended for the common use and enjoyment of the residents and guests of more than one dwelling unit.
9.52.020.1470 Open space, private. Open areas for outdoor living and recreation that are adjacent and directly accessible to a single dwelling unit, reserved for the exclusive use of residents of the dwelling unit and their guests.
9.52.020.1480 Open space, usable. Outdoor areas that provide for outdoor living and/or recreation for the use of residents.
9.52.020.1490 Outdoor sales, temporary and seasonal. The sale or offering for sale to the general public of merchandise outside of a permanent structure on property owned or leased by the person, firm, or corporation. These sales are of a limited duration and conducted on an occasional basis, and are secondary or incidental to the principal permitted use or structure existing on the property.
9.52.020.1500 Outdoor storage. The keeping, in an unroofed area, of any goods, junk, material, merchandise or vehicles in the same place for more than 72 hours except for the keeping of building materials reasonably required for construction work on the
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Packet Pg. 448 Attachment: ORD-State Law Updates 2d (7996 : Amending Zoning Ordinance Second Reading) premises pursuant to a valid and current Building Permit issued by the City.
9.52.020.1510 Overlay district. A zoning designation specifically delineated on the Districting Map establishing land use requirements that govern in addition to the standards set forth in the underlying base district.
9.52.020.1520 Parapet. A low wall or railing extending above the roof and along its perimeter.
9.52.020.1530 Parcel. A single unit of land separated from other units of land by legal description, the boundaries of which are shown on a parcel map or final map, described in a deed, or for which a certificate of compliance has been issued pursuant to the Subdivision Map Act. [Parcel shall also include 2 or more parcels where the owner(s) have recorded a covenant with the Office of the County Recorder that states the intention of the owner(s) to combine and use the parcels as a single unit of land in compliance with City regulations.
9.52.020.1540 Parcel, corner. A parcel of land abutting 2 or more streets at their intersection, or upon 2 parts of the same street forming an interior angle of less than 135 degrees.
9.52.020.1550 Parcel, flag. A parcel not fronting on or abutting a public road and where access is from a public road by a narrow right-of-way or driveway.
9.52.020.1560 Parcel, key. The first interior parcel to the rear of a reversed corner parcel and not separated therefrom by an alley.
9.52.020.1570 Parcel, reversed corner. A corner parcel, the side street line of which is substantially a continuation of the front parcel line of the first parcel to its rear.
9.52.020.1580 Parcel, through. A parcel which fronts on 2 parallel streets or which
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Packet Pg. 449 Attachment: ORD-State Law Updates 2d (7996 : Amending Zoning Ordinance Second Reading) fronts upon 2 streets which do not intersect at the boundaries of the parcel.
9.52.020.1590 Parcel area. The total area within the property lines of a parcel, excluding any street or alley right-of-way.
9.52.020.1600 Parcel depth. The longest perpendicular length between a front and rear parcel line or an imaginary extension of a rear parcel line as necessary for non-rectilinear parcels.
9.52.020.1610 Parcel frontage. The width of the front parcel line measured at the street right-of-way.
9.52.020.1620 Parcel line. A line of record bounding a parcel that divides one parcel from another parcel or from a public or private street or any other public space.
9.52.020.1630 Parcel line, front. The parcel line separating a parcel from a street right-of-way. In the case of a corner parcel, the line separating the narrowest street frontage of the parcel from the street shall be considered the front. For corner parcels with equal street frontage dimensions, the front of the parcel is the street frontage that is consistent with the prevailing street frontage orientations along the block where the corner parcel is located. For parcels between a walk street and an alley, the front of the parcel is considered along the walk street. For through parcels between a walk street and a street with vehicular access, the front of the parcel is considered along the street with vehicular access.
9.52.020.1640 Parcel line, rear. The parcel line opposite and most distant from the front parcel line; or in the case of triangular or otherwise irregularly shaped parcel, a line 10 feet in length entirely within the parcel, parallel to, and at a maximum distance from the front parcel line.
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Packet Pg. 450 Attachment: ORD-State Law Updates 2d (7996 : Amending Zoning Ordinance Second Reading)
9.52.020.1650 Parcel line, side. Any parcel line other than a front or rear parcel line.
9.52.020.1660 Parcel width. For rectilinear parcels, the distance between the side parcel lines determined by the length of a straight line drawn at right angles to the side parcel lines and parallel with both the front and rear parcel lines. For non-rectilinear parcels, a series of measurements based on the location of the side parcel lines shall be required to determine varying parcel widths at any given locations on the parcel.
9.52.020.1670 Parking facility. An area of a parcel, structure, or any other area, including driveways, which is designed for and the primary purpose of which is to provide for the temporary storage of operable motor vehicles.
9.52.020.1680 Accessory parking. An area of a parcel, structure, or any other area, which is designed, reserved for, and the primary purpose of which is to provide off-street parking to serve a building or use that is the primary or main use of the parcel.
9.52.020.1690 Long-term parking. An area designed for employee or parking when a vehicle is not normally moved during the period of an employee's work shift, as opposed to customer or visitor parking.
9.52.020.1700 Parking, bicycle. A covered or uncovered area equipped with a rack or other device designed and useable for the secure, temporary storage of bicycles.
9.52.020.1710 Long-term bicycle parking. Bicycle parking that is designed to serve employees, students, residents, commuters, and others who generally stay at a site for 3 hours or longer.
9.52.020.1720 Short-term bicycle parking. Bicycle parking that is designed to serve shoppers, customers, messengers, guests, and other visitors to a site who generally stay for a period of less than 4 hours.
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Packet Pg. 451 Attachment: ORD-State Law Updates 2d (7996 : Amending Zoning Ordinance Second Reading)
9.52.020.1730 Parking space, off-street. An area, covered or uncovered, designed and usable for the temporary storage of a vehicle, which is paved and accessible by an automobile without permanent obstruction.
9.52.020.1740 Accessible parking. Parking spaces that are designed and reserved for a vehicle(s) that is dedicated to persons with disabilities.
9.52.020.1745 Automated parking system. Off-street parking facility where vehicular storage and retrieval within such facility is accomplished entirely through a mechanical conveyance system. A parking facility with parking lift systems that require an attendant to maneuver a vehicle that is to be parked shall not be considered an automated parking facility.
9.52.020.1750 Car share parking. Parking spaces that are dedicated for a vehicle(s) provided by a certified car-share organization for the purpose of providing a car-share-service to occupants of a building or the general public.
9.52.020.1760 Independently-accessible parking. Parking spaces that allow a vehicle to be accessed without having to move another vehicle under its own power.
They shall include spaces accessed by automated garages, or car elevators, lifts or other space-efficient parking provided that no more than one car needs to be moved under its own power to access any one space.
9.52.020.1770 Shared parking. The management of parking spaces so that they can be used by multiple users. This allows for the more efficient use of parking facilities.
Parking may be shared between multiple users on the same parcel, between multiple users on different parcels, or in dedicated shared parking facilities such as public parking lots.
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Packet Pg. 452 Attachment: ORD-State Law Updates 2d (7996 : Amending Zoning Ordinance Second Reading)
9.52.020.1780 Stacked parking. Space-efficient parking in which vehicles are stored and accessed by mechanical stackers or lifts or other space-efficient means.
9.52.020.1790 Tandem parking. Parking spaces that are placed one behind another and where a vehicle needs to be moved to access the desired parking space.
9.52.020.1800 Unbundled parking. The practice of selling or leasing parking spaces separate from the purchase or lease of the commercial or residential use.
9.52.020.1810 Valet parking. Stacked or valet parking is allowed if an attendant is present or an automated system is in place to move vehicles. The automated system may or may not be managed by an attendant.
9.52.020.1820 Parking structure. A structure used for parking and storage of vehicles.
9.52.020.1830 Semi-subterranean. A parking structure located partially underground.
9.52.020.1840 Subterranean. A parking structure located entirely underground, except for openings for ingress and egress.
9.52.020.1850 Patio. An outdoor area, often paved, adjoining a building that is used for outdoor open space. It is not fully enclosed by walls and typically is located at grade or supported by minimal footings.
9.52.020.1860 Paving. A type of material used over areas of a parcel such as driveways, parking spaces and areas, pathways, patios, and front setbacks used for access by vehicles and pedestrians.
9.52.020.1870 Permit. Any Zoning Conformance, Conditional Use Permit, Minor Use Permit, Temporary Use Permit, Development Review Permit, Administrative Approval, Home Occupation, Building Permit, license, certificate, approval, or other entitlement for development and/or use of property as required by any public agency.
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Packet Pg. 453 Attachment: ORD-State Law Updates 2d (7996 : Amending Zoning Ordinance Second Reading)
9.52.020.1880 Permitted use. Any use or structure that is allowed in a zoning district without a requirement for approval of a Use Permit, but subject to any restrictions applicable to that zoning district.
9.52.020.1890 Person. Any natural person or other entity recognized by California law as such, including a firm, association, organization, partnership, business trust, company, or corporation.
9.52.020.1900 Person with a disability. A person who has a physical or mental impairment that limits one or more major life activities; anyone who is regarded as having that type of impairment; or anyone who has a record of that type of impairment.
9.52.020.1910 Planning Commission. The Planning Commission of the City of Santa Monica.
9.52.020.1920 Plaza. An outdoor space set aside for gathering or congregating and commercial activities, typically surrounded by building frontages.
9.52.020.1930 Podium. A building beneath a taller multi-story building of smaller area.
9.52.020.1940 Porte cochere. A roofed structure through which a vehicle can pass, extending from the entrance of a building over an adjacent driveway, the purpose of which is to shelter persons entering and exiting a building.
9.52.020.1950 Pre-existing. In existence prior to the effective date of this Article.
9.52.020.1960 Primary use. See Use, Primary.
9.52.020.1970 Private tennis court. A tennis court which is used for noncommercial purposes by the owner(s) of the property or guests.
9.52.020.1980 Project. Any proposal for a new or changed use or for new construction, alteration, or enlargement of any structure, that is subject to the provisions of the
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Packet Pg. 454 Attachment: ORD-State Law Updates 2d (7996 : Amending Zoning Ordinance Second Reading) ordinance/codified in this Section. This term includes, but is not limited to, any action that qualifies as a "project" as defined by the California Environmental Quality Act.
9.52.020.1990 Public land. Any government-owned land, including, but not limited to, public parks, beaches, playgrounds, trails, paths, schools, public buildings, and other recreational areas or public open spaces.
9.52.020.2000 Public Resources Code. The Public Resources Code of the State of California.
9.52.020.2010 Qualified applicant. The property owner, the owner's agent, or any person or other legal entity that has a legal or equitable interest in land that is the subject of a development proposal or is the holder of an option or contract to purchase such land or otherwise has an enforceable proprietary interest in such land.
9.52.020.2020 Ramp. An access driveway leading from one parking level to another, or an access driveway from an entrance leading to parking at a different level.
9.52.020.2030 Reasonable accommodation. A type of discretionary permit that, if approved, would provide a person with a disability equal access to housing under the California Fair Employment and Housing Act, the Unruh Civil Rights Act, the Federal Fair Housing Act, and the Americans with Disabilities Act (ADA) in the application of building and zoning laws and other land use policies, procedures, laws, rules, and regulations.
9.52.020.2035 Reasonable modification. An alteration or modification to a building or structure, at the applicant's expense, that, if approved, would provide a person with a disability equal access to housing under the California Fair Employment and Housing Act, the Unruh Civil Rights Act, the Federal Fair Housing Act, and the Americans with
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Packet Pg. 455 Attachment: ORD-State Law Updates 2d (7996 : Amending Zoning Ordinance Second Reading) Disabilities Act (ADA).
9.52.020.2040 Residential use. One or more rooms designed, occupied or intended for occupancy as primary living quarters in a building or portion thereof.
9.52.020.2050 Review authority. Body responsible for making decisions on zoning and related applications.
9.52.020.2060 Right-of-way. A strip of land acquired by reservation, dedication, forced dedication, prescription or condemnation and intended to be occupied or occupied by a road, railroad, electric transmission lines, oil or gas pipeline, water line, sanitary storm sewer or other similar use.
9.52.020.2070 Roof. That portion of a building or structure above walls or columns that shelters the floor area or the structure below.
9.52.020.2080 Barrel roof. An arched roof with a semi-circular, half-cylindrical shape.
9.52.020.2090 Gambrel roof. A roof with 2 slopes on each of its 2 sides of which the lower is steeper than the upper slope.
9.52.020.2100 Hip roof. A 4-sided roof with sloping ends and sides.
9.52.020.2110 Mansard roof. A roof with 2 sloping planes of different pitch on each of the 4 sides.
9.52.020.2120 Pitched roof. A roof with 2 sides that have at least 1 foot of vertical rise for every 3 feet of horizontal run.
9.52.020.2130 Shed roof. A roof with a single slope.
9.52.020.2140 Roof deck. A platform located on the flat portion of a roof or setback of a building that is used for outdoor space. It is distinct from a patio.
9.52.020.2150 Screening. Buffering of a building or activity from neighboring areas or
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Packet Pg. 456 Attachment: ORD-State Law Updates 2d (7996 : Amending Zoning Ordinance Second Reading) from the street with a wall, fence, hedge, informal planting, or berm.
9.52.020.2160 Security grate or grilles. A metal grate that rolls up over, or slides across, a window or door to provide protection against unwanted entry. It also can be a fixed metal fixture over window openings.
9.52.020.2170 Senior citizen. An individual 62 years of age or older unless otherwise expressly stated in this Article.
9.52.020.2180 Setback. The distance between the parcel line and a building, not including permitted projections, that must be kept clear or open, See also Section
9.04.040, Measuring Distances, Section 9.04.130, Determining Setbacks, and Section
9.21.110, Projections from Buildings into Minimum Setbacks and Daylight Plane.
9.52.020.2190 Setback, front. A space extending the full width of the parcel between any building and the front parcel line, and measured perpendicularly to the building at the closest point to the front parcel line.
9.52.020.2200 Setback, rear. A space extending the full width of the parcel between the principal building and the rear parcel line measured perpendicularly from the rear parcel line to the closest point of the principal building. When a rear parcel line abuts an alley or walkstreet, the rear setback shall be measured from the center line of the alley or walkstreet.
9.52.020.2210 Setback, side. A space extending the full depth of the parcel between the principal building and the side parcel line measured perpendicularly from the side parcel line to the closest point of the principal building. For non-rectilinear parcels, a space extending the full depth of the parcel between the principal building and the side parcel line(s) measured using a series of measurements parallel to the front parcel line
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Packet Pg. 457 Attachment: ORD-State Law Updates 2d (7996 : Amending Zoning Ordinance Second Reading) to determine varying parcel widths at any given locations on the parcel.
9.52.020.2220 Setback, street side. A space extending the full depth of the parcel between the principal building and the side parcel line adjacent to a public street right-of-way measured perpendicularly from the side parcel line to the closest point of the principal building. For non-rectilinear parcels, a space extending the full depth of the parcel between the principal building and the side parcel line(s) adjacent to a public street right-of-way measured using a series of measurements parallel to the front parcel line to determine varying parcel widths at any given locations on the parcel.
9.52.020.2230 Sexually-oriented business. See Chapter 9.59, Sexually-Oriented Businesses, for details.
9.52.020.2240 Shrub. A plant with a compact growth habit and branches coming from the base of the plant. Mature heights of shrubs may vary from 1 foot to 15 feet depending on their species and landscape application.
9.52.020.2250 Sidewalk. A paved, surfaced, or leveled area, paralleling and usually separated from the street, used as a pedestrian walkway.
9.52.020.2260 Sidewalk cafe. Any outdoor dining area located in or adjacent to any public sidewalk or right-of-way which is associated with a restaurant or other eating and drinking establishment on a contiguous adjacent parcel.
9.52.020.2270 Sign-related definitions. All terms relating to signage are defined in Chapter 9.61, Signs.
9.52.020.2280 Site. A parcel, or group of contiguous parcels, that is proposed for development in accordance with the provisions of this Article and is in a single ownership or under unified control.
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Packet Pg. 458 Attachment: ORD-State Law Updates 2d (7996 : Amending Zoning Ordinance Second Reading)
9.52.020.2290 Skylight. That portion of a roof which is glazed to admit light, and the mechanical fastening required to hold the glazing, including a curb not exceeding 10 inches in height, to provide a weatherproofing barrier.
9.52.020.2300 Solar energy system. Any solar collector or other solar energy device, certified pursuant to State law, along with its ancillary equipment, whose primary purpose is to provide for the collection, storage, and distribution of solar energy for space heating, space cooling, electric generation, or water heating, or any structural design feature of a building, whose primary purpose is to provide for the collection, storage, and distribution of solar energy for electricity generation, space heating or cooling, or for water heating.
9.52.020.2310 State Historical Building Code. California Code of Regulations, Title 24, Part 8, or any successor thereto, which constitutes a special Stateadopted building code for historic buildings allowing flexible approaches to their construction problems.
This Code was developed to accommodate changes necessary for the continued use of historic buildings, while preserving their historic character and significant architectural features. Applicants may elect to use the State Historic Building Code as an alternative to standard construction codes such as the City's Building Code or Electrical Code.
9.52.020.2320 Story. That portion of a building included between the upper surface of any floor and the upper surface of the floor next above, except that the topmost story shall be that portion of a building included between the upper surface of the topmost floor and the upper surface of the roof above. A mezzanine with a floor area that exceeds one-third of the floor area of the overlooking room of the floor below constitutes a story. An attic and basement shall not be considered stories.
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Packet Pg. 459 Attachment: ORD-State Law Updates 2d (7996 : Amending Zoning Ordinance Second Reading)
9.52.020.2330 Street. A public or private thoroughfare which affords the access to a block and to abutting property. "Street" includes avenue, place, way, drive, boulevard, highway, road, and any other thoroughfare, except an alley as defined herein.
9.52.020.2340 Street tree. Trees that are located in the public right-of-way.
9.52.020.2350 Street wall. A wall or portion of a wall of a building facing a street.
9.52.020.2360 Structural alterations. Any physical change to or the removal of the supporting members of a structure or building, such as bearing walls, columns, beams, or girders including the creation, enlargement, or removal of doors or windows and changes to a roofline or roof shape.
9.52.020.2370 Structure. Anything constructed or erected, which requires a fixed location on the ground, or is attached to a building or other structure having a fixed location on the ground.
9.52.020.2380 Structure, accessory. A detached subordinate structure, used only as incidental to the main structure on the same parcel.
9.52.020.2390 Structure, main. A structure housing the principal use of a site or functioning as the principal use.
9.52.020.2400 Structure, subterranean. A structure located entirely underground, except for openings for ingress and egress.
9.52.020.2410 Structure, temporary. A structure without any foundation or footings and which is intended to be removed when the designated time period, activity, or use for which the temporary structure was erected has ceased.
9.52.020.2420 Subdivision. See Chapter 9.54, Land Divisions, for all subdivision definitions.
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Packet Pg. 460 Attachment: ORD-State Law Updates 2d (7996 : Amending Zoning Ordinance Second Reading)
9.52.020.2430 Swimming pool. A pool, pond, or open tank capable of containing a large and deep enough body of water for people to use to swim.
9.52.020.2440 Temporary structure. See Structure, Temporary.
9.52.020.2445 Third street promenade area. The area including the Third Street Promenade and parcels located in that portion of the BC (2nd & 4th Streets) District bounded by 2nd Street to the west, Broadway to the south, 4th Street to the east, and Wilshire Boulevard to the north.
9.52.020.2448 Tower. A building or structure with a height exceeding 90 feet. A tower may be constructed above a podium or at grade.
9.52.020.2450 Trailer. A vehicle without motor power, designed to be drawn by a motor vehicle and to be used for human habitation or for carrying persons or property, including a mobile home, trailer coach or house trailer.
9.52.020.2460 Trash screen/enclosure. A permanent, immobile structure, designed for the storage of a mobile resource recovery, recycling, or compost bin or container.
9.52.020.2470 Unit. See Dwelling Unit.
9.52.020.2480 Use. The purpose for which land or the premises of a building, structure, or facility thereon is designed, arranged, or intended, or for which it is or may be occupied or maintained.
9.52.020.2490 Use, accessory. A use that is customarily associated with, and is incidental and subordinate to, the primary use and located on the same parcel as the primary use.
9.52.020.2500 Use, primary. A primary, principal or dominant use established, or proposed to be established, on a parcel. In a mixed-use building, there may be more
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Packet Pg. 461 Attachment: ORD-State Law Updates 2d (7996 : Amending Zoning Ordinance Second Reading) than one primary use.
9.52.020.2510 Use classification. A system of classifying uses into a limited number of use types on the basis of common functional, product, or compatibility characteristics.
All use types are grouped into the following categories: residential; public and semi-public; commercial; industrial; and transportation, communication, and utilities. See Chapter 9.51, Use Classifications.
9.52.020.2520 Use permit. A discretionary permit, such as a Minor Use Permit or Conditional Use Permit, which may be granted by the appropriate City authority to provide for the accommodation of land uses with special site or design requirements, operating characteristics, or potential adverse effects on surroundings, which are not permitted as of right but which may be approved upon completion of a review process and, where necessary, the imposition of special conditions of approval by the permit granting authority. See Chapter 9.41, Minor Use Permits and Conditional Use Permits.
9.52.020.2530 Use type. A category which classifies similar uses based on common functional, product, or compatibility characteristics.
9.52.020.2540 Utilities. Equipment and associated features related to the mechanical functions of a building(s) and services such as water, electrical, telecommunications, and waste.
9.52.020.2550 Vibration. A periodic motion of the particles of an elastic body or medium in alternately opposite directions from the position of equilibrium.
9.52.020.2560 View corridor. An area where there is a view of all or a portion of a panoramic subject, scene, or area.
9.52.020.2570 Wall. Any exterior surface of building or any part thereof, including
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Packet Pg. 462 Attachment: ORD-State Law Updates 2d (7996 : Amending Zoning Ordinance Second Reading) windows.
9.52.020.2580 Window. An opening in a wall of a building that may be filled with glass or other material in a frame. They typically allow light and air into the interior of a building but also serve as vehicles for viewing merchandise in commercial properties.
9.52.020.2590 Primary room window. A glazed surface whose area is larger than any other glazed surface in a living room, dining room, family room, library, or similar such activity room in a dwelling unit.
9.52.020.2600 Secondary room window. A glazed surface serving a bedroom, bathroom, kitchen, stairway, corridor, or storage area in a dwelling unit, or a non-primary window in a primary space.
9.52.020.2610 Yard. See Setback.
9.52.020.2620 Zoning Administrator. The Director of the Community Development Department, or designee.
9.52.020.2630 Zoning district. A specifically delineated area or district in the City within which regulations and requirements uniformly govern the use, placement, spacing, and size of land and buildings.
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Packet Pg. 463 Attachment: ORD-State Law Updates 2d (7996 : Amending Zoning Ordinance Second Reading) Section 9.55.190. Administrative Design Approval.
A. The Director is authorized to review and approve the following projects in an architectural review district by administrative approval:
1. Additions to structures or accessory structures (other than those exempted from review by Section 9.55.170) if the addition is either:
a. Behind an existing structure and not substantially visible from any public right-of-way (other than an alley), except for structures located in the R1 (Single-Unit Residential) District that are subject to review by the Architectural Review Board in accordance with Section 9.07.030(A); or b. Within an existing courtyard, consistent with the existing structure’s design and proportions and that maintain required and usable open space.
2. New buildings and additions to structures that are visible from the public right-of-way (other than an alley) that are consistent with the existing design and proportions that:
a. Do not exceed 7,500 square feet and are located in non-residential zoning districts.
b. Do not exceed 10,000 square feet and are new multiple-unit dwelling projects located in Residential and Ocean Park zoning districts.
3. Mechanical and electrical equipment on an existing structure that is substantially screened from view, and when required, rooftop screening on an existing structure that is in keeping with the design of the existing structure.
4. Replacement of existing materials with similar or consistent materials, provided that the new materials are of a comparable quality, texture, and craftsmanship as the existing structure.
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Packet Pg. 464 Attachment: ORD-State Law Updates 2d (7996 : Amending Zoning Ordinance Second Reading)
5. Alterations to the design or materials of a façade of an existing structure if that structure is either:
a. Not located in the Main Street Neighborhood Commercial District or the BC (Promenade) District with frontage along the Third Street Promenade; or b. Located in the Main Street Neighborhood Commercial District or the BC (Promenade) District with frontage along the Third Street Promenade, provided that the alterations are consistent with the structure's existing design.
6. New window frames, door frames, windows, and doors on existing structures, provided that the new elements are of high quality and are consistent with the materials on the existing structure.
7. New awnings without signage that are not backlit and of a design and color consistent with the existing structure, including any existing awnings.
8. New construction of and alterations to outdoor use areas permitted under Sections 9.31.199, Outdoor Commercial Uses on Private Property, and 9.31.200, Outdoor Dining and Seating on Sidewalks, including, but not limited to, railings, awnings, lighting, and other structures and appurtenances thereto.
9. New freestanding walls or extensions to existing freestanding walls that are consistent with existing architecture.
10. Landscape and irrigation plans for:
a. New landscaping less than 1,000 square feet in area that is visible from the public right-of-way (other than an alley), conforms to the City's landscaping standards, and maintains existing mature trees wherever possible; b. New landscaping that is not visible from the public right-of-way (other
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Packet Pg. 465 Attachment: ORD-State Law Updates 2d (7996 : Amending Zoning Ordinance Second Reading) than an alley), conforms to the City's landscaping standards, and maintains existing mature trees wherever possible; or
c. New landscaping for single-unit dwellings (other than those exempted from review by Section 9.55.170) that conforms to the City's landscaping standards.
11. Notwithstanding anything to the contrary in this subsection (A), the only projects subject to administrative design approval for existing structures on the historic resource inventory are projects involving minor or insignificant alterations to the design or materials of a façade.
B. Any application for administrative design approval pursuant to this Section shall comply with the requirements of Section 9.55.130.
C. The Director may approve, approve with conditions, or disapprove an application submitted to it pursuant to subsection (A) after consideration of whether the project complies with the criteria in Section 9.55.140(A).
D. If the Director finds that the project complies with the criteria in Section
9.55.140(A), the Director shall approve the application. The Director may impose conditions when the proposed project does not comply with the criteria in Section
9.55.140(A) and any such conditions are limited to those that will bring such project into conformity therewith; except, however, for any project submitted pursuant to subsection (A)(4), the Director may reduce the height of the required screening based on the placement of the equipment on the roof, the existing height of the subject building and surrounding buildings, and the overall visibility of the equipment. If an application is disapproved, the Director shall detail in its written findings, as applicable, the criteria
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Packet Pg. 466 Attachment: ORD-State Law Updates 2d (7996 : Amending Zoning Ordinance Second Reading) with which the project does not comply or the guidelines, if any, that are violated. Any action taken by the Director to conditionally approve or deny a proposed project shall be in writing and include findings and conditions, as applicable. A copy of the Director's decision shall be provided to the applicant by email utilizing the email address provided on the application, in person, or by United States mail, upon request.
E. The Director's decision shall be effective and final upon issuance and not subject to administrative appeal.
F. No completed project that is subject to and receives the Director's administrative design approval shall receive a certificate of occupancy or final building inspection approval until the Director certifies that such construction has complied with the conditions and restrictions, if any, imposed by the Director, and that the final construction is in conformity with the plans approved by the Director.
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Packet Pg. 467 Attachment: ORD-State Law Updates 2d (7996 : Amending Zoning Ordinance Second Reading) Section 9.64.050. On-Site Option.
Except as provided in Chapter 9.34, Residential Unit Replacement Requirements, the following requirements must be met to satisfy the on-site provisions of this Chapter:
A. Except as may be otherwise required by State law, an applicant for the following multiple-unit projects shall provide 15% of total units as affordable to no more than 80% income households:
1. Projects of 5 units or less that has not elected to pay an affordable housing fee;
2. Projects of 6-19 units.
B. Except as may be otherwise required by State law, an applicant for a multiple-unit project of 20 units or more shall construct affordable housing units pursuant to subsection A, above, which shall be divided equally among 50% income households, 80% income households, and moderate income households. Any remainder units above multiples of 3 shall be distributed to 50% income households first and 80% income households second.
For illustrative purposes, Table 9.64.050(C), below, provides examples of how distribution would look for certain projects.
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Packet Pg. 468 Attachment: ORD-State Law Updates 2d (7996 : Amending Zoning Ordinance Second Reading) Table 9.64.050(C)
# of Affordable Units in
the Project 50% AMI 80% AMI
Moderate
Income
3 1 1 1
4 2 1 1
5 2 2 1
6 2 2 2
7 3 2 2
8 3 3 2
9 3 3 3
10 4 3 3
11 4 4 3
12 4 4 4
13 5 4 4
14 5 5 4
15 5 5 5
16 6 5 5
17 6 6 5
18 6 6 6
19 7 6 6
20 7 7 6
21 7 7 7
itional affordable housing
unit
Allocate 1st Allocate 2nd Allocate 3rd
C. Fractions. Any fractional affordable housing unit that results from the formulas of
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Packet Pg. 469 Attachment: ORD-State Law Updates 2d (7996 : Amending Zoning Ordinance Second Reading) this Section that is 0.5 or more shall be treated as a whole affordable housing unit (i.e., any resulting fraction shall be rounded up to the next larger integer) and that unit shall also be built pursuant to the provisions of this Section. Any fractional affordable housing unit that is less than 0.5 can be satisfied by the payment of an affordable housing fee for that fractional unit only pursuant to Section 9.64.070(B).
D. Income and Rent Limits. The City shall make available a list of income levels for 30% income households, 50% income households, 80% income households, and moderate income households, adjusted for household size, the corresponding maximum affordable rents adjusted by household size appropriate for the unit, and the minimum number of units required for 30% income households, 50% income households, or 80% income households required for typical sizes of multiple-unit projects, which list shall be updated periodically.
E. Affordable Housing Unit Requirements.
1. The multiple-unit project applicant may reduce the interior amenities of the affordable housing units as long as there are not significant identifiable differences between affordable housing units and market rate units visible from the exterior of the dwelling units; provided, that all dwelling units conform to the requirements of the applicable Building and Housing Codes.
2. The unit mix percentage for affordable two- and three-bedroom housing units shall be equal to or greater than the unit mix percentage for the corresponding market rate units.
3. The unit mix percentage for affordable studio housing units shall not exceed 15% of the total number of affordable units required.
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4. An affordable housing unit shall have a minimum total floor area, depending upon the number of bedrooms provided, of no less than the following:
0 bedrooms 500 square feet
1 bedroom 600 square feet
2 bedrooms 850 square feet
3 bedrooms 1,020 square feet
4 bedrooms 1,200 square feet
5. An affordable housing unit shall comply with minimum occupancy requirements as follows:
0 bedrooms 1 occupant
1 bedroom 1 occupant
2 bedrooms 2 occupants
3 bedrooms 3 occupants
4 bedrooms 5 occupants
6. Affordable housing units shall not be isolated to a specific floor or to an area on a specific floor in accordance with Health and Safety Code Section 17929(a)(2).
F. All affordable housing units in a multiple-unit project or a phase of a multiple-unit project shall be constructed concurrently with the construction of market rate units in the multiple-unit project or phase of that project.
G. On-site affordable housing units must be rental units.
H. Each multiple-unit project applicant, or their successor, shall submit an annual report to the City identifying which units are affordable units, the monthly rent (or total housing cost if an ownership unit), vacancy information for each affordable unit for the
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Packet Pg. 471 Attachment: ORD-State Law Updates 2d (7996 : Amending Zoning Ordinance Second Reading) prior year, verification of income of the household occupying each affordable unit throughout the prior year, and such other information as may be required by City staff.
I. A multiple-unit project applicant who meets the requirements of this Section shall be entitled to the density bonuses, incentives or concessions, and waivers or reductions of development standards provided by Chapter 9.22, or any successor thereto.
J. All residential developments providing affordable housing on site pursuant to the provisions of this Section shall receive priority building department plan check processing by which housing developments shall have plan check review in advance of other pending developments to the extent authorized by law.
K. The City Council may by resolution establish compliance monitoring fees which reflect the reasonable regulatory cost to the City of ensuring compliance with this Section when affordable housing units are being initially rented or sold, when the required annual reports are submitted to the City, and when the units are being re-sold or re-leased.
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Packet Pg. 472 Attachment: ORD-State Law Updates 2d (7996 : Amending Zoning Ordinance Second Reading) City Council
Report
City Council Meeting: October 27, 2026
Agenda Item: 4.J
1 of 2
To: Mayor and City Council
From: Heidi Von Tongeln, City Attorney, City Attorney's Office Subject: Second Reading and Adoption of an Ordinance of the City Council of the City of Santa Monica Amending Sections 9.64.065 and 9.64.075 of the Santa Monica Municipal Code to (1) Extend the Deadline by which an Applicant of an Eligible Entitled Multiple-Unit Project Must Obtain a New Entitlement; and (2) Make Minor Clarifications to the Program Titles
Recommended Action
Staff recommends that the City Council adopt the attached Ordinance.
Executive Summary
At its meeting on October 13, 2026, the City Council introduced for first reading an Ordinance of the City Council of the City of Santa Monica amending sections 9.64.065 and 9.64.075 of the Santa Monica municipal code to (1) extend the deadline by which an applicant of an eligible entitled multiple-unit project must obtain a new entitlement; and (2) make minor clarifications to the program titles. The ordinance is now presented to the City Council for adoption.
Prepared By: Ivan Larios, Legal Assistant
Approved Forwarded to Council
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Attachments:
A. ORD-AHPP Ordinance 2d
4.J
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1 City Council Meeting: October 27, 2026 Santa Monica, California
ORDINANCE NUMBER (CCS)
(City Council Series)
AN ORDINANCE OF THE CITY COUNCIL OF THE
CITY OF SANTA MONICA AMENDING SECTIONS 9.64.065 AND 9.64.075 OF THE SANTA MONICA MUNICIPAL CODE TO (1) EXTEND THE DEADLINE
BY WHICH AN APPLICANT OF AN ELIGIBLE ENTITLED MULTIPLE-UNIT PROJECT MUST OBTAIN A NEW ENTITLEMENT; AND
(2) MAKE MINOR CLARIFICATIONS TO THE PROGRAM TITLES
WHEREAS, California has a statewide housing crisis, represented by a shortage of nearly 3,500,000 homes; and
WHEREAS, California’s housing crisis stifles economic growth, contributes to the homelessness epidemic, and consumes an ever-growing share of the paychecks of working families; 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 City’s Affordable Housing Production Program (AHPP), codified as Chapter 9.64 of the Santa Monica Municipal Code, was enacted in 1998 and requires developers of market-rate housing projects to contribute to affordable housing production by either:
1) Constructing inclusionary affordable residences onsite in a development; 2) Constructing affordable residences offsite in another development; or 3) Paying an affordable housing fee that is deposited into the Citywide Housing Trust Fund and used by the City to subsidize affordable housing developments; and
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Packet Pg. 475 Attachment: ORD-AHPP Ordinance 2d (7997 : AHPP Second Reading) 2 WHEREAS, since the enactment of the AHPP, the City has produced more than 1,200 affordable lower income units; and
WHEREAS, the City’s AHPP has been amended numerous times to increase affordable housing production and meet the City’s housing goals; and WHEREAS, on April 9, 2019, the City Council adopted Ordinance Number 2609 (CCS), which authorized modification to the AHPP to remove the extremely-low income housing option from the Tier 2 community benefits for housing projects with an application that was determined complete before March 26, 2019, and after November 27, 2019; and WHEREAS, on October 22, 2019, the City Council adopted Ordinance Number 2622 (CCS), to extend the removal of the extremely low-income housing option from the Tier 2 community benefits to housing projects with an application that was determined complete before March 26, 2019, and after November 27, 2020; and WHEREAS, on October 27, 2020, the City Council adopted Ordinance Number 2654 (CCS), to extend the removal of the extremely low-income housing option from the Tier 2 community benefits to housing projects with an application that was determined complete before March 26, 2019, and after February 28, 2022; and WHEREAS, on April 11, 2023, as part of the 6th Cycle Housing Element implementing actions, the City Council adopted Ordinance Number 2742 (CCS), which included amendments to the Santa Monica Municipal Code that included streamlining the approval of housing projects and modifying the AHPP to establish a 15% on-site inclusionary requirement equally divided between very low, low, and moderate income categories; and
WHEREAS, the residential construction industry is facing significant financial
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Packet Pg. 476 Attachment: ORD-AHPP Ordinance 2d (7997 : AHPP Second Reading) 3 challenges due to macroeconomic and global political factors; and WHEREAS, while the City has streamlined the approval of more than 3,400 market rate projects and 900 affordable units through a ministerial process, most of these projects have yet to begin construction; and
WHEREAS, the number of building permits that have been issued in the City has dropped significantly in the last two years and, in 2025, very few building permits have been issued by the City; and
WHEREAS, in light of these factors, on June 20, 2025, the City Council gave direction to staff to “establish a pilot program allowing market-rate housing projects more flexibility in how they provide affordable housing units off-site, while also allowing these housing projects to be eligible for density bonus, incentives/concessions, and modifications”; and
WHEREAS, the purpose of this program was to incentivize housing projects that were entitled but not proceeding with building permits due to financial challenges in the development market; and
WHEREAS, on August 12, 2025, the City Council adopted an urgency ordinance, Ordinance Number 2824 (CCS), adding Section 9.64.065 to the Santa Monica Municipal Code to establish an off-site affordable housing pilot program (the “Pilot Ordinance”); and WHEREAS, the Pilot Ordinance allowed approved housing projects more options for fulfilling the City’s affordable housing requirements of the AHPP while simultaneously proceeding with construction of the market rate portion of the housing development; and WHEREAS, the Pilot Ordinance, by its own terms, effectively terminated upon the earlier to occur of (i) the submittal of applications utilizing the provisions of Section
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Packet Pg. 477 Attachment: ORD-AHPP Ordinance 2d (7997 : AHPP Second Reading) 4 9.64.065 for a cumulative total of 1,000 dwelling units for all the multiple-unit project applications submitted or (ii) September 30, 2025; and
WHEREAS, on September 30, 2025, Council held a study session to receive an update on the results of the Pilot Ordinance and a summary of outreach efforts and directed staff to extend the incentive program beyond the first 1,000 units; and WHEREAS, on January 27, 2026, Council adopted Ordinance Number 2846 (CCS), which codified the expansion of the pilot program beyond the first 1,000 units, but with the updated conditions and requirements; and
WHEREAS, one incentive provided to applicants under both the pilot and incentive programs was the ability to re-entitle existing housing projects that were approved prior to August 12, 2025, so long as the new entitlement receives approval by December 31, 2026; and
WHEREAS, subsequent to both program’s adoption, members of the development community have communicated that the deadline to re-entitle projects is proving to be difficult for a variety of reasons external to the program, including, but not limited to, financing considerations, internal delays, and timelines required for completing a variety of business transactions prior to re-entitlement; and
WHEREAS, in order to ensure the continued success of these programs and to accomplish the City’s goal of providing additional housing units, an amendment extending the re-entitlement deadline from December 31, 2026 to December 31, 2027 is required; and
WHEREAS, the additional year will provide the development community with the needed time to navigate financial, partnership, and design related issues required for
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Packet Pg. 478 Attachment: ORD-AHPP Ordinance 2d (7997 : AHPP Second Reading) 5 program compliance, as well as acknowledge the current and foreseeable difficult market conditions housing projects are facing; and
WHEREAS, additional minor clarifying edits to the titles of Santa Monica Municipal Code Sections 9.64.065 and 9.64.075 are required to provide clarity and transparency to Chapter 9.64.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SANTA MONICA DOES HEREBY ORDAIN AS FOLLOWS:
SECTION 1. Santa Monica Municipal Code Section 9.64.065 is hereby amended as follows:
Section 9.64.065. Off-Site Affordable Housing Incentive Pilot Program.
A. Definitions. As used in this Section:
1. "100% affordable housing project" means a 100% affordable housing project as defined in Section 9.52.020.0050.
2. "Affordability covenants" means 75-year affordability covenants that are included in a recorded deed restriction, in form approved by the City Attorney.
3. "Affordable housing provider" means an affordable housing provider reasonably approved by the City.
4. "Applicant" means the applicant, or its successors in interest, for a discretionary and ministerial City permit applicable to a multiple-unit project.
5. "Building permit" means a final building permit issued by the City's Building Official (excluding grading or early start construction permits).
6. "Gap financing amount" means the amount of financing necessary to complete a 100% affordable housing project assuming that: (a) the off-site affordable
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Packet Pg. 479 Attachment: ORD-AHPP Ordinance 2d (7997 : AHPP Second Reading) 6 project will obtain a 4% Federal Low-Income Housing Tax Credit and/or tax-exempt bond allocation; and (b) that there will be no land acquisition costs. The gap financing amount shall be $150,000, per off-site affordable unit to be constructed within the 100% affordable housing project. The gap financing amount shall be increased annually, commencing on the first anniversary from the effective date of this ordinance, by the last published annual average in the ENR Building Cost Index (BCI) for the Los Angeles region, but shall not exceed an annual increase of 5%. The gap financing amount should be calculated from the effective date of the Ordinance codified in this Section until deposited into escrow in accordance with Section 9.64.065.D.
7. "Multiple-unit project" means an eligible multiple-unit project pursuant to Section 9.64.065.B.
8. "Multiple-unit project property" means the property on which a multiple-unit project will be built.
9. "Off-site property" means a clean, uncontaminated property in the location specified in Section 9.64.060.E.
10. "Option" means a purchase option for the off-site property that may be exercised by the City or an affordable housing provider, at the election of the City, for the purchase amount of $100.
11. "Option agreement" means a purchase option agreement, including escrow instructions upon exercise of the option, approved as to form by the City Attorney, and executed by the City or an affordable housing provider, at the election of the City, and the owner of the off-site property. The option agreement shall be recorded in the official records of Los Angeles County.
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Packet Pg. 480 Attachment: ORD-AHPP Ordinance 2d (7997 : AHPP Second Reading) 7 12. "Protected unit(s)" means any of the following:
a. Residential dwelling units that are or were subject to a recorded covenant, ordinance, or law that restricts rents to levels affordable to persons and families of lower or very low income within the past five years. b. Residential dwelling units that are or were subject to any form of rent or price control through a public entity's valid exercise of its police power within the past five years.
c. Residential dwelling units that are or were occupied by lower or very low-income households within the past five years.
d. Residential dwelling units that were withdrawn from rent or lease in accordance with California Government Code Section 7060 et seq., within the past 10 years.
13. "Rehabilitation property" means a property proposed for substantial rehabilitation of units pursuant to Section 9.64.065.E.
14. "Uncontaminated property" means a property free from hazardous substances, as defined under State and Federal law.
B. Eligible Multiple-Unit Projects. In order for applicants to use the provisions of this Section 9.64.065, each multiple-unit project shall contain six or more residential units; shall have obtained final approval of all required discretionary and ministerial City permits that have not expired, except for Architectural Review Board approval and post entitlement phase permits, as defined in Government Code Section 65913.3(j)(3), on or before August 12, 2025; and shall have submitted a complete application to use the provisions of this Section 9.64.065 within the 1,000 unit cap and/or prior to September
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Packet Pg. 481 Attachment: ORD-AHPP Ordinance 2d (7997 : AHPP Second Reading) 8 30, 2025; provided, however, that except as otherwise expressly provided in subsection D.5.b, herein, multiple-unit projects that have obtained a building permit, are under construction, or have been completed are not eligible. The applicant of an entitled multiple-unit project that meets the requirements of Section 9.64.065.B may also use the provisions of Section 9.64.065 to satisfy the requirements of Section 9.64.060 for a project if the applicant obtains a new entitlement for the same multiple-unit property prior to December 31, 2027.
C. Exclusions. Nothing in this Section 9.64.065 shall conflict with or supersede State or local requirements for on-site replacement of protected units, including, but not limited to, those set forth in the Housing Crisis Act of 2019, as amended from time to time, Government Code Section 66300 et seq., and Santa Monica Municipal Code Chapter
9.34, Residential Unit Replacement Requirements.
D. Alternative Off-Site Option. Notwithstanding Section 9.64.040.B, an applicant for a multiple-unit project may satisfy the affordable housing obligation in Chapter 9.64 by providing affordable housing units in a 100% affordable housing project on an off-site property in accordance with this Section if the applicant complies with the following requirements:
1. The requirements of subsections B through E, and I of Section 9.64.060 shall apply and be met by the applicant.
2. The off-site property shall also meet the following requirements:
a. The off-site property shall not have any lien or encumbrance on title that would prevent the recordation of an option agreement and affordability covenants in first priority position on title in favor of the City.
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Packet Pg. 482 Attachment: ORD-AHPP Ordinance 2d (7997 : AHPP Second Reading) 9 b. The off-site property shall be owned in whole or in part and operated by an affordable housing provider reasonably approved by the City for the life of the 100% affordable housing project.
3. Requirements for Affordable Units. The affordable units in the 100% affordable housing project shall be rental units and shall comply with the provisions of subsections E.2 through E.5 of Section 9.64.050, unless modified pursuant to Section
9.64.065.G. The number of off-site affordable units in the 100% affordable housing project shall be calculated as set forth in Section 9.64.065.H.
4. Annual Report. The affordable housing provider operating the 100% affordable housing project shall submit an annual report pursuant to the Affordability Covenants recorded on the off-site affordable housing property as discussed in Section
9.64.065.D.
5. Additional Requirements for Off-Site Units.
a. The applicant shall satisfy all the following requirements prior to and as a condition of issuance of a building permit for any multiple-unit project:
i. Identify the location of the off-site property and identify each multiple-unit project that will locate its required affordable housing units in the 100% affordable housing project to be constructed on the off-site property, and the number, bedroom mix, size, and affordability level of units in the 100% affordable housing project that will be attributed to each multiple-unit project. Designated units in the 100% affordable housing project shall not be counted more than once to satisfy the required affordable housing units required for each multiple-unit project.
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Packet Pg. 483 Attachment: ORD-AHPP Ordinance 2d (7997 : AHPP Second Reading) 10 ii. Identify and enter into an agreement with an affordable housing provider that will own, in whole or in part, and operate the 100% affordable housing project.
iii. The applicant shall procure a Phase 1 Environmental Site Assessment (ESA) of the off-site property, and a Phase II ESA of the off-site property, if necessary, conducted by a City-approved experienced environmental professional, to determine the potential presence on or under the off-site property of hazardous waste, as defined under State and Federal laws. If contaminants are detected in soil at or above regulatory levels, then the results of the soil sampling shall be shared with the City reviewed and acted upon by the appropriate regional, State, or local regulatory agencies as needed. If remediation is necessary, a No Further Action letter or similar documentation indicating case closure shall be obtained under the appropriate oversight agency prior to project occupancy.
City has the right in its reasonable discretion to reject any off-site property that indicates the potential presence of hazardous waste and/or require the applicant to execute an environmental indemnity agreement in form approved by the City Attorney. In the event that the City rejects the off-site property due to the potential presence of hazardous waste, applicant shall have the opportunity to propose an alternate off-site location, subject to the same requirements under Section 9.64.065.D or proceed with alternative options under Section 9.64.065.E and F.
b. The applicant of a multiple-unit project located in the Coastal Zone
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Packet Pg. 484 Attachment: ORD-AHPP Ordinance 2d (7997 : AHPP Second Reading) 11 with an approved Coastal Development Permit requiring an on-site affordability covenant that has already been recorded against the multiple-unit project property may be eligible to relocate the affordable units to an off-site property pursuant to this Section 9.64.065 any time: (1) after the California Coastal Commission has approved the relocation of the affordable units to an off-site property without any other material changes to the terms and/or conditions of the Coastal Development Permit; and (2) prior to issuance of a certificate of occupancy for the multiple-unit project; provided, however, that all other requirements under Section 9.64.065.D are satisfied.
c. Prior to, and as a condition of, issuance of the first building permit issued for any multiple-unit project, or issuance of the first certificate of occupancy for a multiple-unit project located in the Coastal Zone, the applicant shall place the gap financing amount for that multiple-unit project in an interest-bearing escrow account and enter into a joint escrow agreement executed by the City or an affordable housing provider, at the election of the City, and the applicant, with instructions that provide as follows:
i. The Gap Financing Amount shall be distributed to the City or an affordable housing provider at no cost to either the City or affordable housing provider, at the election of the City, if construction of the off-site affordable housing project does not commence within: (a) 48 months following the issuance of the first building permit for any multiple unit project not located in the Coastal Zone; or (b) 18 months following the date the Coastal Commission approves a Coastal Development Permit or Coastal
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Packet Pg. 485 Attachment: ORD-AHPP Ordinance 2d (7997 : AHPP Second Reading) 12 Development Permit amendment that allows a multiple-unit project in the Coastal Zone to locate its affordable units on an off-site property; provided, that the City may grant a 12-month extension by making a written finding of good cause prior to the expiration of the initial 48-month term. ii. If construction of the 100% affordable housing project does commence within the applicable 48 months following the issuance of the first building permit for a multiple-unit project, or 18 months following the date the Coastal Commission approves a Coastal Development Permit or Coastal Development Permit amendment that allows a multiple-unit project in the Coastal Zone to locate its affordable units on an off-site property; or within the 12-month extension period if an extension is granted by the City, then the gap financing amount shall be returned to the applicant upon applicant's deposit into the joint escrow account of a ready-to-issue building permit letter from the City to construct the 100% affordable housing project on the off-site property. Following receipt by the escrow officer of the ready-to issue building permit letter, the gap financing amount shall be disbursed to the applicant.
iii. For purposes of this subsection D.5.c.i and c.ii, "commence" means that the project has received a building permit and construction activities begin on the site.
6. Prior to and as a condition of issuance of any building permit(s) for the first multiple-unit project(s), or prior to and as a condition of issuance of any certificate of occupancy for a multiple-unit project in the Coastal Zone, the applicant shall complete the
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Packet Pg. 486 Attachment: ORD-AHPP Ordinance 2d (7997 : AHPP Second Reading) 13 following steps:
a. Execute and record on the off-site property an Option Agreement that authorizes the City or an affordable housing provider, at the election of the City, to exercise the option in the event that construction of the 100% affordable housing project does not commence: (a) within 48 months following the issuance of the first building permit for any multiple-unit project not located in the Coastal Zone that is locating its affordable housing units in the off-site affordable housing project; or (b) 18 months following the date the Coastal Commission approves a Coastal Development Permit or Coastal Development Permit amendment to allow a multiple-unit project in the Coastal Zone to locate its affordable units in the off-site affordable housing project, or within the 12-month extension period if an extension is granted by the City. Upon exercise of the Option and as such process is provided in the Option Agreement, the fee simple interest in the property shall transfer to the City only if construction of the off-site 100% affordable housing project does not commence: (a) within 48 months following the issuance of the first building permit for any multiple-unit project not located in the Coastal Zone that is locating its affordable housing units in the off-site affordable housing project; or (b) 18 months following the date the Coastal Commission approves a Coastal Development Permit or Coastal Development Permit amendment to allow a multiple-unit project in the Coastal Zone to locate its affordable units in the off-site affordable housing project, unless the City grants a 12-month extension for good cause in writing prior to the expiration of the 48-month term. If construction of the off-site 100% affordable housing project does commence within the applicable 48-
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Packet Pg. 487 Attachment: ORD-AHPP Ordinance 2d (7997 : AHPP Second Reading) 14 month term, or within the 12-month extension period if an extension is granted by the City, then the Option Agreement shall automatically become null and void and shall be removed from title upon issuance of a certificate of occupancy for the 100% affordable housing project. For purposes of this subsection D.6.a, "commence" has the meaning given in subsection D.5.c.iii. b. Concurrently with the recordation of the Option Agreement on the offsite property, the applicant or owner shall execute and record on each multiple-unit property a Notice of Off-Site Affordability Covenants that discloses the location of the off-site property and the description of the Affordability Covenants to be recorded on the off-site property. The Notice of Off-Site Affordability Covenants shall not impose any duty on the applicant or owner of the multiple-unit property to comply with any affordability requirements on-site and shall merely serve as notice that the affordability requirements of Chapter 9.64 are to be satisfied off site. The Notice of Off-Site Affordability Covenants shall be in a form approved by the City Attorney.
c. Concurrently with the recordation of the Option Agreement on the offsite property, the applicant or owner shall execute and record on the off-site housing property Affordability Covenants in compliance with Section 9.64.130, which shall be recorded ahead of any monetary liens.
d. The applicant or owner shall provide a current title report evidencing that no monetary liens are recorded on title of the off-site property at the time the Option Agreement and Affordability Covenants are recorded. The Option Agreement and Affordability Covenants shall each provide that no monetary liens
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Packet Pg. 488 Attachment: ORD-AHPP Ordinance 2d (7997 : AHPP Second Reading) 15 may be recorded on the off-site property until the building permit is issued for construction of the 100% affordable housing project.
e. If an applicant of a multiple-unit project located in the Coastal Zone timely satisfies the requirements above, the City shall execute a termination of the preexisting multiple-unit project's onsite affordable covenant agreement within 10 business days of issuance of the building permit for the 100% affordable housing project.
7. Unit Mix. Notwithstanding anything to the contrary herein, affordable units proposed for the off-site property shall not include studio units.
E. Substantial Rehabilitation of Units at an Off-Site Property in lieu of New Construction. Notwithstanding Section 9.64.040.B, and excluding any required affordable or rent controlled replacement units that may be required pursuant to Government Code Sections 66300.5 and 66300.6, an applicant for a multiple-unit project may satisfy the affordable housing obligation in Chapter 9.64 by substantial rehabilitation of affordable housing units at an off-site property, subject to the following conditions:
1. Substantially Rehabilitated. Units to be substantially rehabilitated at an off-site property must comply with the following provisions:
a. Prior to issuance of a building permit for a multiple-unit project, the City Council must determine at a public hearing that the units proposed for substantial rehabilitation at an off-site property must be at imminent risk of loss to the housing stock and the units proposed for substantial rehabilitation are unfit for human habitation due to the existence of at least four violations of the conditions listed in subdivisions (a) to (g), inclusive, of Section 17995.3 of the Health and
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Packet Pg. 489 Attachment: ORD-AHPP Ordinance 2d (7997 : AHPP Second Reading) 16 Safety Code.
b. The applicant must commit to providing the displaced tenants with relocation assistance in accordance with Section 4.36.100 of the Santa Monica Municipal Code, provided that: (i) if the owner elects to satisfy the temporary relocation obligations by payment of the daily per diem, the total amount paid to the tenant shall be no less than four times the tenant's rent; and (ii) if the owner elects to satisfy their temporary relocation obligations by providing a comparable replacement unit, the owner shall additionally pay the tenant four times the tenant's monthly rent and shall reduce the tenant's monthly rent during relocation, if necessary, so that the rent does not exceed 30% of the tenant's income. c. Any displaced tenant, regardless of income status for displaced tenants of rent-controlled units, must have the right to reoccupy the rehabilitated units.
d. Rehabilitated units must have long-term affordability requirements for lower income households, for a term of not less than 75 years. e. As a condition to issuance of a certificate of occupancy for any multiunit property that will satisfy the affordable housing obligation in Chapter 9.64 by substantial rehabilitation of off-site units, and prior to initial occupancy after rehabilitation, the City's Building Official shall issue a certificate of occupancy indicating compliance with all applicable State and local Building Code and Health and Safety Code requirements for the substantially rehabilitated units.
2. Additional Requirements for Substantially Rehabilitated Units. a. Prior to obtaining a building permit for a multiple-unit project, the
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Packet Pg. 490 Attachment: ORD-AHPP Ordinance 2d (7997 : AHPP Second Reading) 17 applicant shall provide a rehabilitation plan which has been approved by the City's Housing Division Manager that includes the following information:
i. Documentation evidencing applicant's ownership or control of the rehabilitation property during the period of rehabilitation; ii. A property assessment report performed by a licensed appraiser for the rehabilitation property, including all units proposed for substantial rehabilitation;
iii. Identification and location of the units that will be substantially rehabilitated;
iv. Scope and budget for substantial rehabilitation; and v. Demonstrated sources and uses of financing required for substantial rehabilitation.
b. Applicant shall indicate the exact location of units that will be provided to very and lower income households.
c. Applicant shall comply with Chapter 8.100, Tenant Protection During Construction, as amended from time to time.
d. The applicant or owner shall provide a current title report evidencing that no monetary liens are recorded on title of the off-site property hosting the substantially rehabilitated units.
e. Execute and record on the property hosting the substantially rehabilitated units a 75-year deed restriction to ensure that the rehabilitated units are restricted for rental to qualifying lower income households at an affordable rent, in form approved by the City Attorney.
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Packet Pg. 491 Attachment: ORD-AHPP Ordinance 2d (7997 : AHPP Second Reading) 18 f. Notwithstanding anything to the contrary herein, substantially rehabilitated units shall not include studio units.
F. In Lieu Fee Option for Off-Site Housing (without land provided).
1. Notwithstanding Section 9.64.070, an applicant for a multiple-unit project may satisfy the affordable housing obligation in Chapter 9.64 by paying an in-lieu fee based on the following formula:
(Base Unit Fee per Square Foot) x (total square feet of the residential floor area in the multiple-unit project)
2. For purposes of this Section, the City's base unit fee per square foot shall be established pursuant to Section 9.64.070 by resolution of the City Council.
Commencing on July 1, 2026, and on July 1st of each fiscal year thereafter, the City's base unit fee per square foot shall be adjusted based on changes in construction costs and land costs.
3. The affordable housing fee shall be paid prior to issuance of a building permit for any multiple-unit project utilizing Section 9.64.065.F.
4. The City shall deposit any payment made pursuant to this Section
9.64.065.F in a reserve account separate from the General Fund to be used only for development of affordable housing, administrative costs related to the production of this housing, substantial rehabilitation of existing affordable housing, a City-sponsored program of rental subsidies for lower income Santa Monica residents, and monitoring and evaluation of this affordable housing production program.
G. Local Incentive Density Bonus. Multiple-unit projects satisfying their affordable housing obligation in lieu of Chapter 9.64 in accordance with Section 9.64.065 shall be
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Packet Pg. 492 Attachment: ORD-AHPP Ordinance 2d (7997 : AHPP Second Reading) 19 eligible for a local incentive of density bonuses, incentives and concessions, waivers and reductions of development standards, and reduced parking ratios equivalent to those set forth in Chapter 9.22, Density Bonus, as if the affordable units were provided on the site of the multiple-unit project. Further, as an additional local density bonus, any on-site affordable units that were formerly part of an approved multiple-unit project can convert to market-rate units in the revised multiple-unit project. Any off-site affordable housing project shall be eligible for density bonuses, incentives and concessions, waivers and reductions of development standards, and reduced parking ratios under State Density Bonus Law.
H. Calculation of Off-Site Affordable Units. The number of affordable units to be provided in the 100% affordable housing project shall be calculated as follows:
1. Eligible Housing Projects Entitled Without Additional Very Low or Moderate-Income Units to Obtain Additional Density Bonuses Pursuant to Government Code Section 65915(v). For housing projects previously entitled that do not propose additional moderate-income units to obtain additional density bonuses pursuant to Government Code Section 65915(v), any applicant utilizing the off-site options under this Section 9.64.065 shall provide no less than 15% of the base density number of units, prior to the award of any market rate density bonus units under State Density Bonus Law (California Government Code Section 65915 et seq.) and Chapter
9.22, Density Bonus within each multiple-unit project as:
a. Affordable deed-restricted units in an off-site 100% affordable housing project in accordance with subsection D;
b. Substantially rehabilitated deed-restricted units in accordance with
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Packet Pg. 493 Attachment: ORD-AHPP Ordinance 2d (7997 : AHPP Second Reading) 20 subsection E; or
c. Equivalent in-lieu fee in accordance with subsection F.
By way of illustration, if the base density number of units (prior to the award of a market rate density bonus) is 100 units, then the applicant must provide 15 deed restricted units at the designated off-site property.
2. Eligible Housing Projects Entitled With Additional Proposed Density Bonuses Pursuant to Government Code Section 65915(v). For housing projects previously entitled with additional very low income or moderate-income units and proposed additional density bonuses pursuant to Government Code Section 65915(v), any applicant utilizing the off-site options under this Section 9.64.065 shall provide no less than the percentage of very low or moderate income units as required in the chart contained in Government Code Section 65915(2) as calculated against the base density. a. Affordable deed-restricted units in a 100% affordable housing project in accordance with subsection D;
b. Substantially rehabilitated deed-restricted units in accordance with subsection E; or
c. Equivalent in-lieu fee in accordance with subsection F.
By way of illustration, if the base density number of units (prior to the award of a market rate density bonus) is 100 units, and the applicant of a multiple-unit project has obtained approval of an additional 50% density bonus (for a total 100% density bonus) by providing additional Moderate Income units pursuant to Government Code Section 65915(v)(2), then the applicant must provide 30 deed restricted units at the designated off-site property.
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Packet Pg. 494 Attachment: ORD-AHPP Ordinance 2d (7997 : AHPP Second Reading) 21 SECTION 2. Santa Monica Municipal Code Section 9.64.075 is hereby amended as follows::
Section 9.64.075. Off-Site Affordable Housing Incentive Program.
A. Definitions. As used in this Section:
1. "100% affordable housing project" means a 100% affordable housing project as defined in Section 9.52.020.0050.
2. "Affordability covenants" means 75-year affordability covenants that are included in a recorded deed restriction, in form approved by the City Attorney.
3. "Affordable housing provider" means an affordable housing provider reasonably approved by the City.
4. "Applicant" means the applicant, or its successors in interest, for a discretionary and ministerial City permit applicable to a multiple-unit project.
5. "At-risk covenants" means covenants that are contained in a recorded deed restriction to restrict rental units for occupancy by lower income households at affordable rent for lower income households, where the covenants are set to expire in accordance with the terms of the deed restriction within five years from the date an owner or applicant files an application to use this Section 9.64.075.
6. "Building permit" means a final building permit issued by the City's Building Official (excluding grading or early start construction permits).
7. "Chapter 6.96" means Chapter 6.96 of the Santa Monica Municipal Code, in effect as of September 30, 2025.
8. "City Manager" means the City Manager or his or her designee.
9. "Community Benefit Payment" means the payment to the City by the owner
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Packet Pg. 495 Attachment: ORD-AHPP Ordinance 2d (7997 : AHPP Second Reading) 22 or applicant in an amount equal to the amount of real estate transfer taxes owed to the City pursuant to Chapter 6.96 of the Santa Monica Municipal Code, in effect as of September 30, 2025.
10. "Gap financing amount" means the amount of financing necessary to complete a 100% affordable housing project assuming that: (a) the off-site affordable project will obtain a 4% Federal Low-Income Housing Tax Credit and/or tax-exempt bond allocation; and (b) that there will be no land acquisition costs. The gap financing amount shall be $160,000, per off-site affordable unit to be constructed within the 100% affordable housing project. Commencing on July 1, 2026, and on July 1st of each fiscal year thereafter, the gap financing amount shall be adjusted by Council resolution based on changes in costs for building construction, as evidenced by the ENR Building Cost Index (BCI) for the Los Angeles region. The gap financing amount should be calculated from the effective date of the ordinance until deposited into escrow in accordance with Section
9.64.075.D.
11. "Measure GS Transfer" means a transfer of the multiple-unit project and/or multiple-unit project property, or portion thereof, which is subject to taxation under the City's Third Tier Tax Rate, as defined in Chapter 6.96.
12. "Multiple-unit project" means an eligible multiple-unit project pursuant to Section 9.64.075.D.
13. "Multiple-unit project property" means the property on which a multiple-unit project will be built.
14. "Off-site property" means a clean, uncontaminated property in the location specified in Section 9.64.060.E.
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Packet Pg. 496 Attachment: ORD-AHPP Ordinance 2d (7997 : AHPP Second Reading) 23 15. "Option" means a purchase option for the off-site property that may be exercised by the City or an affordable housing provider, at the election of the City, for the purchase amount of $100.
16. "Option Agreement" means a purchase option agreement, including escrow instructions upon exercise of the option, approved as to form by the City Attorney, and executed by the City or an affordable housing provider, at the election of the City, and the owner of the off-site property. The option agreement shall be recorded in the official records of Los Angeles County.
17. "Owner" or "applicant" means the owner or applicant of the multiple-unit project.
18. "Performance Deed of Trust" means a performance deed of trust recorded against the multiple-unit property to secure the Community Benefit Payment.
19. "Protected unit(s)" means any of the following:
a. Residential dwelling units that are or were subject to a recorded covenant, ordinance, or law that restricts rents to levels affordable to persons and families of lower or very low income within the past five years. b. Residential dwelling units that are or were subject to any form of rent or price control through a public entity's valid exercise of its police power within the past five years.
c. Residential dwelling units that are or were occupied by lower or very low-income households within the past five years.
d. Residential dwelling units that were withdrawn from rent or lease in accordance with California Government Code Section 7060 et seq., within the past
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Packet Pg. 497 Attachment: ORD-AHPP Ordinance 2d (7997 : AHPP Second Reading) 24 10 years.
20. "Rehabilitation property" means a property proposed for substantial rehabilitation of units pursuant to Section 9.64.075.E.
21. "Right of First Refusal Agreement" means an agreement that ensures the City has the priority to purchase the off-site property before a third-party prospective buyer can. Upon receiving an offer from third party, the owner must present this offer to the City, who can choose to pay the owner no more than fair market value or let it pass to the third party.
22. "Transfer" means any transfer of beneficial ownership of a multiple-unit project and/or multiple-unit project property, or portions thereof, that would be subject to taxation under California Revenue and Taxation Code Section 11911(a) and is not exempt from taxation under Sections 11921 (instrument securing debt), 11923 (conveyances under reorganization or adjustment plans), or 11924 (conveyances under order of securities and exchange commission). The term "transfer" includes, without limitation, any deed, instrument or writing to which the United States or any agency or instrumentality thereof, any State or territory, or political subdivision thereof, is acquiring title to a multiple-unit project and/or multiple-unit property.
23. "Uncontaminated property" means a property free from hazardous substances, as defined under State and Federal law.
B. Eligible Multiple-Unit Projects. In order for applicants to use the provisions of this Section 9.64.075, each multiple-unit project shall contain six or more residential units; shall have obtained final approval of all required discretionary and ministerial City permits that have not expired, except for Architectural Review Board approval and post
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Packet Pg. 498 Attachment: ORD-AHPP Ordinance 2d (7997 : AHPP Second Reading) 25 entitlement phase permits, as defined in Government Code Section 65913.3(j)(3) on or before August 12, 2025; and shall have submitted a complete application to use the provisions of this Section 9.64.075 after September 30, 2025; provided, however, that except as otherwise expressly provided in subsection D.5.b, herein, multiple-unit projects that have obtained a building permit, are under construction, or have been completed are not eligible. The applicant of an entitled multiple-unit property that meets the requirements of Section 9.64.075.B may also use the provisions of subsections D through G to satisfy the requirements of Section 9.64.060 for a project if the applicant obtains a new entitlement for the same multiple-unit property prior to December 31, 2027.
C. Exclusions. Nothing in this Section 9.64.075 shall conflict with or supersede State or local requirements for on-site replacement of protected units, including, but not limited to, those set forth in the Housing Crisis Act of 2019, as amended from time to time, Government Code Section 66300 et seq., and Santa Monica Municipal Code Chapter
9.34, Residential Unit Replacement Requirements.
D. Alternative Off-Site Option. Notwithstanding Section 9.64.040.B, an applicant for a multiple-unit project may satisfy the affordable housing obligation in Chapter 9.64 by providing affordable housing units in a 100% affordable housing project on an off-site property in accordance with this section if the applicant complies with the following requirements:
1. The requirements of subsections B through E, and I of Section 9.64.060 shall apply and be met by the applicant.
2. The off-site property shall also meet the following requirements:
a. The off-site property shall not have any lien or encumbrance on title
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Packet Pg. 499 Attachment: ORD-AHPP Ordinance 2d (7997 : AHPP Second Reading) 26 that would prevent the recordation of an option agreement and affordability covenants in first priority position on title in favor of the City. b. The off-site property shall be owned in whole or in part and operated by an affordable housing provider reasonably approved by the City for the life of the 100% affordable housing project.
3. Requirements for Affordable Units. The affordable units in the 100% affordable housing project shall be rental units, unless modified pursuant to Section
9.64.075.H. The number of off-site affordable units in the 100% affordable housing project shall be calculated as set forth in Section 9.64.075.I.
4. Annual Report. The affordable housing provider operating the 100% affordable housing project shall submit an annual report pursuant to the Affordability Covenants recorded on the off-site affordable housing property as discussed in Section
9.64.075.D.
5. Additional Requirements for Off-Site Units.
a. The applicant shall satisfy all the following requirements prior to and as a condition of issuance of a building permit for any multiple-unit project:
i. Identify the location of the off-site property and identify each multiple-unit project that will locate its required affordable housing units in the 100% affordable housing project to be constructed on the off-site property, and the number, bedroom mix, size, and affordability level of units in the 100% affordable housing project that will be attributed to each multiple-unit project. Designated units in the 100% affordable housing project shall not be counted more than once to satisfy the required
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Packet Pg. 500 Attachment: ORD-AHPP Ordinance 2d (7997 : AHPP Second Reading) 27 affordable housing units required for each multiple-unit project. ii. Identify and enter into an agreement with an affordable housing provider that will own, in whole or in part, and operate the 100% affordable housing project.
iii. The applicant shall procure a Phase 1 Environmental Site Assessment (ESA) of the off-site property, and a Phase II ESA of the offsite property, if necessary, conducted by a City-approved experienced environmental professional, to determine the potential presence on or under the off-site property of hazardous waste, as defined under State and Federal laws. If contaminants are detected in soil at or above regulatory levels, then the results of the soil sampling shall be shared with the City reviewed and acted upon by the appropriate regional, state, or local regulatory agencies as needed. If remediation is necessary, a No Further Action letter or similar documentation indicating case closure shall be obtained under the appropriate oversight agency prior to project occupancy.
City has the right in its reasonable discretion to reject any off-site property that indicates the potential presence of hazardous waste and/or require the applicant to execute an environmental indemnity agreement in form approved by the City Attorney. In the event that the City rejects the off-site property due to the potential presence of hazardous waste, applicant shall have the opportunity to propose an alternate off-site location, subject to the same requirements under Section 9.64.075.D or proceed with alternative options under Section 9.64.075.E, F and G.
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Packet Pg. 501 Attachment: ORD-AHPP Ordinance 2d (7997 : AHPP Second Reading) 28 b. The applicant of a multiple-unit project located in the Coastal Zone with an approved Coastal Development Permit requiring an on-site affordability covenant that has already been recorded against the multiple-unit project property may be eligible to relocate the affordable units to an off-site property pursuant to this Section 9.64.075 any time: (1) after the California Coastal Commission has approved the relocation of the affordable units to an off-site property without any other material changes to the terms and/or conditions of the Coastal Development Permit; and (2) prior to issuance of a certificate of occupancy for the multiple-unit project; provided, however, that all other requirements under Section 9.64.075.D are satisfied.
c. Prior to, and as a condition of, issuance of the first building permit issued for any multiple-unit project, or issuance of the first certificate of occupancy for a multiple-unit project located in the Coastal Zone, the applicant shall place the gap financing amount for that multiple-unit project in an interest-bearing escrow account and enter into a joint escrow agreement executed by the City or an affordable housing provider, at the election of the City, and the applicant, with instructions that provide as follows:
i. The Gap Financing Amount shall be distributed to the City or an affordable housing provider at no cost to either the City or affordable housing provider, at the election of the City, if construction of the off-site affordable housing project does not commence within: (a) 48 months following the issuance of the first building permit for any multiple-unit project not located in the Coastal Zone; or (b) 18 months following the date the
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Packet Pg. 502 Attachment: ORD-AHPP Ordinance 2d (7997 : AHPP Second Reading) 29 Coastal Commission approves a Coastal Development Permit or Coastal Development Permit amendment that allows a multiple-unit project in the Coastal Zone to locate its affordable units on an off-site property; provided, that the City may grant a 12-month extension by making a written finding of good cause prior to the expiration of the initial 48-month term. ii. If construction of the 100% affordable housing project does commence within the applicable 48 months following the issuance of the first building permit for a multiple-unit project, or 18 months following the date the Coastal Commission approves a Coastal Development Permit or Coastal Development Permit amendment that allows a multiple-unit project in the Coastal Zone to locate its affordable units on an off-site property; or within the 12-month extension period if an extension is granted by the City, then the gap financing amount shall be returned to the applicant upon applicant's deposit into the joint escrow account of a ready-to-issue building permit letter from the City to construct the 100% affordable housing project on the off-site property. Following receipt by the escrow officer of the ready-to issue building permit letter, the gap financing amount shall be disbursed to the applicant.
iii. For purposes of this subsection D.5.c.i and c.ii, "commence" means that the project has received a building permit and construction activities begin on the site.
6. Prior to and as a condition of issuance of any building permit(s) for the first multiple-unit project(s), or prior to and as a condition of issuance of any certificate of
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Packet Pg. 503 Attachment: ORD-AHPP Ordinance 2d (7997 : AHPP Second Reading) 30 occupancy for a multiple-unit project in the Coastal Zone, the applicant shall complete the following steps:
a. Execute and record on the off-site property an Option Agreement that authorizes the City or an affordable housing provider, at the election of the City, to exercise the Option in the event that construction of the 100% affordable housing project does not commence: (a) within 48 months following the issuance of the first building permit for any multiple-unit project not located in the Coastal Zone that is locating its affordable housing units in the off-site affordable housing project; or (b) 18 months following the date the Coastal Commission approves a Coastal Development Permit or Coastal Development Permit amendment to allow a multiple-unit project in the Coastal Zone to locate its affordable units in the off-site affordable housing project, or within the 12-month extension period if an extension is granted by the City. Upon exercise of the Option and as such process is provided in the Option Agreement, the fee simple interest in the property shall transfer to the City only if construction of the off-site 100% affordable housing project does not commence; (a) within 48 months following the issuance of the first building permit for any multiple-unit project not located in the Coastal Zone that is locating its affordable housing units in the off-site affordable housing project; or (b) 18 months following the date the Coastal Commission approves a Coastal Development Permit or Coastal Development Permit amendment to allow a multiple-unit project in the Coastal Zone to locate its affordable units in the off-site affordable housing project, unless the City grants a 12-month extension for good cause in writing prior to the expiration of the 48-month term. If construction of the
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Packet Pg. 504 Attachment: ORD-AHPP Ordinance 2d (7997 : AHPP Second Reading) 31 off-site 100% affordable housing project does commence within the applicable 48- month term, or within the 12-month extension period if an extension is granted by the City, then the Option Agreement shall automatically become null and void and shall be removed from title upon issuance of a certificate of occupancy for the 100% affordable housing project. For purposes of this subsection D.6.a, "commence" has the meaning given in subsection D.5.c.iii. b. Concurrently with the recordation of the Option Agreement on the offsite property, the applicant or owner shall execute and record on each multiple-unit property a Notice of Off-Site Affordability Covenants that discloses the location of the off-site property and the description of the Affordability Covenants to be recorded on the off-site property. The Notice of Off-Site Affordability Covenants shall not impose any duty on the applicant or owner of the multiple-unit property to comply with any affordability requirements on-site and shall merely serve as notice that the affordability requirements of Chapter 9.64 are to be satisfied off site. The Notice of Off-Site Affordability Covenants shall be in a form approved by the City Attorney. Concurrently with the recordation of the Option Agreement on the off-site property, the applicant or owner shall execute and record on the off-site housing property Affordability Covenants in compliance with Section 9.64.130, which shall be recorded ahead of any monetary liens. If the applicant or owner has recorded affordability covenants on the multiple unit property, and if the owner desires to utilize the provisions of Section 9.64.075.D, then the applicant or owner must request release of the on-site affordability covenants on the multiple unit property prior to issuance of a building permit on the multiple unit property and such
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Packet Pg. 505 Attachment: ORD-AHPP Ordinance 2d (7997 : AHPP Second Reading) 32 covenants shall be released by the City concurrently with the recording of the Affordability Covenants on the off-site housing property, provided that the applicant or owner has complied with all other conditions set forth in Section 9.64.075.B and D. Concurrently with the recordation of the Affordability Covenants on the off-site property, the applicant or owner shall execute and record on the off-site housing property a Right of First Refusal Agreement in form approved by the City Attorney, which have a concurrent term with the Affordability Covenants and shall be recorded ahead of any monetary liens; provided, however, that If, at any time during the term of the Right of First Refusal Agreement, the owner proposes to refinance any of the existing indebtedness on the off-site property or intends to borrow additional funds after commencement of the term of the Right of First Refusal Agreement, the City Manager may approve subordination of the Right of First Refusal to the new secured (re)financing. The City shall not unreasonably withhold its approval if: (i) the terms and conditions of the additional loan or refinanced loan provide the City with such security and remedies as the City deems adequate in the City's sole discretion; (ii) the additional loan or refinanced loan is consistent with the City's objectives to preserve the City's affordable housing stock; (iii) the owner is not taking cash out of the equity of the off-site property for any purposes other than effecting necessary structural and equipment replacements and improvements of a capital nature for the property; and (iv) the additional indebtedness will not impair the security of the Affordability Covenants and/or Right of First Refusal.
c. The applicant or owner shall provide a current title report evidencing
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Packet Pg. 506 Attachment: ORD-AHPP Ordinance 2d (7997 : AHPP Second Reading) 33 that no monetary liens are recorded on title of the off-site property at the time the Option Agreement, Affordability Covenants, and Right of First Refusal Agreement are recorded. The Option Agreement, Affordability Covenants, and Right of First Refusal Agreement shall each provide that no monetary liens may be recorded on the off-site property until the building permit is issued for construction of the 100% affordable housing project.
d. If an applicant for a multiple-unit project located in the Coastal Zone timely satisfies the requirements above, the City shall execute a termination of the preexisting multiple-unit project's on-site affordable covenant agreement within 10 business days of issuance of the building permit for the 100% affordable housing project.
e. Prior and as a condition to obtaining a building permit for any multiple-unit project, owner or applicant shall submit a complete entitlement application for the 100% affordable housing project.
f. Prior to and as a condition to obtaining a certificate of occupancy for any multiple-unit project, owner or applicant shall have submitted a complete set of construction plans for the 100% affordable housing project, as reasonably determined by the City's Building Official.
g. Notwithstanding any other provisions in this Section to the contrary, City may exercise the Option to purchase the off-site property in accordance with the Option Agreement before issuance of the certificate of occupancy for any multiple-unit project if the owner or applicant does not submit a complete set of construction plans for the off-site property within 60 days of applicant's or owner's
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Packet Pg. 507 Attachment: ORD-AHPP Ordinance 2d (7997 : AHPP Second Reading) 34 request for issuance of a certificate of occupancy for any multiple-unit project.
7. Unit Mix. Notwithstanding anything to the contrary herein, affordable units proposed for the off-site property shall not include studio units.
E. Substantial Rehabilitation of Units at an Off-Site Property In Lieu of New Construction. Notwithstanding Section 9.64.040(B), and excluding any required affordable or rent controlled replacement units that may be required pursuant to Government Code Sections 66300.5 and 66300.6, an applicant for a multiple-unit project may satisfy the affordable housing obligation in Chapter 9.64 by substantial rehabilitation of affordable housing units at an off-site property, subject to the following conditions:
1. Substantially Rehabilitated. Units to be substantially rehabilitated at an off-site property must comply with the following provisions:
a. Prior to issuance of a building permit for a multiple-unit project, the City Council must determine at a public hearing that the units proposed for substantial rehabilitation at an off-site property must be at imminent risk of loss to the housing stock and the units proposed for substantial rehabilitation are unfit for human habitation due to the existence of at least four violations of the conditions listed in subdivisions (a) to (g), inclusive, of Section 17995.3 of the Health and Safety Code.
b. The applicant must commit to providing the displaced tenants with relocation assistance in accordance with Section 4.36.100 of the Santa Monica Municipal Code, provided that: (i) if the owner elects to satisfy the temporary relocation obligations by payment of the daily per diem, the total amount paid to the tenant shall be no less than four times the tenant's rent; and (ii) if the owner
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Packet Pg. 508 Attachment: ORD-AHPP Ordinance 2d (7997 : AHPP Second Reading) 35 elects to satisfy their temporary relocation obligations by providing a comparable replacement unit, the owner shall additionally pay the tenant four times the tenant's monthly rent and shall reduce the tenant's monthly rent during relocation, if necessary, so that the rent does not exceed 30% of the tenant's income. c. Any displaced tenant, regardless of income status for displaced tenants of rent-controlled units, must have the right to reoccupy the rehabilitated units.
d. Rehabilitated units must have long-term affordability requirements for lower income households, for a term of not less than 75 years. e. As a condition to issuance of a certificate of occupancy for any multiunit property that will satisfy the affordable housing obligation in Chapter 9.64 by substantial rehabilitation of off-site units, and prior to initial occupancy after rehabilitation, the City's Building Official shall issue a certificate of occupancy indicating compliance with all applicable State and local Building Code and Health and Safety Code requirements for the substantially rehabilitated units.
2. Additional Requirements for Substantially Rehabilitated Units. a. Prior to obtaining a building permit for a multiple-unit project, the applicant shall provide a rehabilitation plan which has been approved by the City's Housing Division Manager that includes the following information:
i. Documentation evidencing applicant's ownership or control of the rehabilitation property during the period of rehabilitation; ii. A property assessment report performed by a licensed appraiser for the rehabilitation property, including all units proposed for
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Packet Pg. 509 Attachment: ORD-AHPP Ordinance 2d (7997 : AHPP Second Reading) 36 substantial rehabilitation;
iii. Identification and location of the units that will be substantially rehabilitated;
iv. Scope and budget for substantial rehabilitation; and v. Demonstrated sources and uses of financing required for substantial rehabilitation.
b. Applicant shall indicate the exact location of units that will be provided to very and lower income households.
c. Applicant shall comply with Chapter 8.100, Tenant Protection During Construction, as amended from time to time.
d. The applicant or owner shall provide a current title report evidencing that no monetary liens are recorded on title of the off-site property hosting the substantially rehabilitated units.
e. Execute and record on the property hosting the substantially rehabilitated units a 75-year deed restriction to ensure that the rehabilitated units are restricted for rental to qualifying lower income households at an affordable rent, in form approved by the City Attorney.
f. Notwithstanding anything to the contrary herein, substantially rehabilitated units shall not include studio units.
F. In Lieu Fee Option for Off-Site Housing (without land provided).
1. Notwithstanding Section 9.64.070, an applicant for a multiple-unit project may satisfy the affordable housing obligation in Chapter 9.64 by paying an in-lieu fee based on the following formula:
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Packet Pg. 510 Attachment: ORD-AHPP Ordinance 2d (7997 : AHPP Second Reading) 37 (Base Unit Fee per Square Foot) x (total square feet of the residential floor area in the multiple-unit project)
2. For purposes of this Section, the City's base unit fee per square foot shall be established pursuant to Section 9.64.070 by resolution of the City Council.
Commencing on July 1, 2026, and on July 1st of each fiscal year thereafter, the City's base unit fee per square foot shall be adjusted based on changes in construction costs and land costs.
3. The affordable housing fee shall be paid prior to issuance of a building permit for any multiple-unit project utilizing Section 9.64.075.F.
4. The City shall deposit any payment made pursuant to this Section
9.64.075.F in a reserve account separate from the General Fund to be used only for development of affordable housing, administrative costs related to the production of this housing, substantial rehabilitation of existing affordable housing, a City-sponsored program of rental subsidies for lower income Santa Monica residents, and monitoring and evaluation of this affordable housing production program.
G. Purchase of At-Risk Covenants. Notwithstanding Section 9.64.040.B, and excluding any required affordable or rent controlled replacement units that may be required pursuant to Government Code Sections 66300.5 and 66300.6, an owner or applicant for a multiple-unit project may satisfy the affordable housing obligation in Chapter 9.64 by purchasing at-risk covenants on an off-site property, subject to the following conditions:
1. The term of the at-risk covenants shall be extended by recording of new Affordability Covenants in compliance with Section 9.64.130 with a term of 75 years from
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Packet Pg. 511 Attachment: ORD-AHPP Ordinance 2d (7997 : AHPP Second Reading) 38 the issuance of the building permit issued for any multiple-unit project to be issued a building permit.
2. The affordable units shall be rental units. The number of affordable units shall be calculated as set forth in Section 9.64.075.I.
3. The applicant's or owner's use of this Section 9.64.075.G shall be subject to City Manager's prior written approval, based upon the City's assessment that the structural condition of the property City supports the purchase of at-risk covenants and the extension of the affordability period for 75 years. In the event that the City determines the structural condition of the proposed off-site property is not feasible to support the useful life of the property for the extended covenant period of 75 years, the owner or applicant may not use this Section 9.64.075.G.
4. The owner of the property shall submit an annual report pursuant to the new Affordability Covenants recorded on the off-site property as discussed in Section
9.64.075.D.
H. Local Incentive Density Bonus. Multiple-unit projects satisfying their affordable housing obligation in lieu of Chapter 9.64 in accordance with Section 9.64.075 shall be eligible for a local incentive of density bonuses, incentives and concessions, waivers and reductions of development standards, and reduced parking ratios equivalent to those set forth in Chapter 9.22, Density Bonus, as if the affordable units were provided on the site of the multiple-unit project. Further, as an additional local density bonus, any on-site affordable units that were formerly part of an approved multiple-unit project can convert to market-rate units in the revised multiple-unit project. Any off-site affordable housing project shall be eligible for density bonuses, incentives and concessions, waivers and
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Packet Pg. 512 Attachment: ORD-AHPP Ordinance 2d (7997 : AHPP Second Reading) 39 reductions of development standards, and reduced parking ratios under State Density Bonus Law.
I. Calculation of Off-Site Affordable Units. The number of affordable units to be provided in the 100% affordable housing project shall be calculated as follows:
1. Eligible Housing Projects Entitled Without Additional Very Low or Moderate-Income Units to Obtain Additional Density Bonuses Pursuant to Government Code Section 65915(v). For housing projects previously entitled that do not propose additional moderate-income units to obtain additional density bonuses pursuant to Government Code Section 65915(v), any applicant utilizing the off-site options under this Section 9.64.075 shall provide no less than 15% of the base density number of units, prior to the award of any market rate density bonus units under State Density Bonus Law (California Government Code Section 65915 et seq.) and Chapter
9.22, Density Bonus, within each multiple-unit project as:
a. Affordable deed-restricted units in an offsite 100% affordable housing project in accordance with subsection D;
b. Substantially rehabilitated deed-restricted units in accordance with subsection E;
c. Equivalent in-lieu fee in accordance with subsection F; or d. Purchase of at-risk covenants in accordance with subsection G.
By way of illustration, if the base density number of units (prior to the award of a market rate density bonus) is 100 units, then the applicant must provide 15 deed-restricted units at the designated off-site property.
2. Eligible Housing Projects Entitled With Additional Proposed Density
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Packet Pg. 513 Attachment: ORD-AHPP Ordinance 2d (7997 : AHPP Second Reading) 40 Bonuses Pursuant to Government Code Section 65915(v). For housing projects previously entitled with additional very low income or moderate-income units and proposed additional density bonuses pursuant to Government Code Section 65915(v), any applicant utilizing the off-site options under this Section 9.64.075 shall provide no less than the percentage of very low or moderate-income units as required in the chart contained in Government Code Section 65915(2) as calculated against the base density:
a. Affordable deed-restricted units in a 100% affordable housing project in accordance with subsection D;
b. Substantially rehabilitated deed-restricted units in accordance with subsection E;
c. Equivalent in-lieu fee in accordance with subsection F; or d. Purchase of at-risk covenants in accordance with subsection G.
By way of illustration, if the base density number of units (prior to the award of a market rate density bonus) is 100 units, and the applicant of a multiple-unit project has obtained approval of an additional 50% density bonus (for a total 100% density bonus) by providing additional Moderate Income units pursuant to Government Code Section 65915(v)(2), then the applicant must provide 30 deed-restricted units at the designated off-site property.
J. Administrative Fee. An administrative fee shall be assessed and paid to the City by the owner or applicant at the time of issuance of the building permit for any multiple-unit project. The administrative fee shall be imposed to cover cost of administering and implementing the requirements of this Section and shall be set by City Council resolution.
K. Community Benefit Payment. In consideration for the local density bonus
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Packet Pg. 514 Attachment: ORD-AHPP Ordinance 2d (7997 : AHPP Second Reading) 41 granted herein, solely in connection with the first transfer of a multiple-unit project and/or multiple-unit project property, or portion thereof, if such first transfer does not constitute a Measure GS Transfer for any reason, the owner or applicant shall pay the Community Benefit Payment to City in the amount of: 5.0% of the amount of consideration or value paid for the first transfer of the multiple-unit project and/or multiple-unit project property, or portion thereof; or, if the City's Third Tier Tax Rate, as defined in Chapter 6.96, is reduced for any reason (e.g., by ordinance modification or repeal, ballot initiative, or State law), subsequent to the effective date of the ordinance adopting Section 9.64.075, in addition to paying the reduced amount, the owner or applicant shall pay the Community Benefit Payment to City in the amount of the difference between 5.0% of the amount of consideration or value paid for the first transfer of the multiple-unit project and/or multiple-unit project property, or portion thereof and the reduced amount paid. For illustrative purposes only, if the City's Third Tier Tax Rate is reduced to 2.5%, the owner or applicant shall pay 5.0% equal to the 2.5% reduced amount plus 2.5% as the difference between
5.0% and 2.5%.
1. No Change to Applicability of Chapter 6.96. Notwithstanding anything to the contrary herein, nothing in this Section 9.64.075 shall be interpreted to alter, modify, negate, reduce or void the applicability of Chapter 6.96 to any first or subsequent transfers of the multiple-unit project and/or multiple-unit project property, or portion thereof.
2. Security for the Community Benefit Payment. As a condition to obtaining a building permit for any multiple-unit project, the applicant or owner shall execute and record a Performance Deed of Trust on the multiple-unit project to secure the payment of the Community Benefit Payment to the City. Alternatively, in lieu of a Performance Deed
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Packet Pg. 515 Attachment: ORD-AHPP Ordinance 2d (7997 : AHPP Second Reading) 42 of Trust, the City Manager may accept equivalent security in the form of an irrevocable standby letter of credit issued by an FDIC insured financial institution in form approved by the City Attorney.
3. Timing for Community Benefit Payment. The Community Benefit Payment shall be due upon first transfer of a multiple-unit project and/or a multiple-unit project property from the owner or applicant to a third-party, as set forth, below:
a. If Chapter 6.96 is in effect at the time of the transfer, the Community Benefit Payment shall be deemed as paid and the Performance Deed of Trust shall be reconveyed or, if accepted as an alternative to the Performance Deed of Trust, the irrevocable standby letter of credit shall be released, concurrently with the transfer through escrow provided that the owner or applicant provides no less than 30 days written notice of the transfer to the City.
b. If Chapter 6.96 is not in effect at the time of the transfer for any reason (including partial reduction), the owner or applicant shall be required to pay the Community Benefit Payment directly to the City no later than the date of the transfer and the Performance Deed of Trust shall be reconveyed or, if accepted as an alternative to the Performance Deed of Trust, the irrevocable standby letter of credit shall be released, concurrently with the transfer through escrow provided that the owner or applicant provides no less than 30 days' written notice of the transfer to the City.
c. If Chapter 6.96 is not in effect at the time of the transfer for any reason (including partial reduction) and Community Benefit Payment has not been paid prior to the transfer, the City may exercise its remedies under the
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Packet Pg. 516 Attachment: ORD-AHPP Ordinance 2d (7997 : AHPP Second Reading) 43 Performance Deed of Trust, or, alternatively, draw down on the irrevocable standby letter of credit, to recover the Community Benefit Payment, plus all City costs to recover the Community Benefit Payment, including reasonable attorneys' fees, in addition to any other remedies allowed by law.
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, are 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 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. 517 Attachment: ORD-AHPP Ordinance 2d (7997 : AHPP Second Reading) City Council
Report
City Council Meeting: October 27, 2026
Agenda Item: 4.K
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To: Mayor and City Council
From: Oliver Chi, City Manager, Office of Economic Development Subject: Adoption of Resolution Declaring the City Council's Intention to Renew the Santa Monica Tourism Marketing District and Fixing the Time and Place for a Public Meeting and a Public Hearing to Consider the Renewal 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 a Resolution declaring the City Council’s intention to renew the Santa Monica Tourism Marketing District, and setting a public meeting and public hearing on the proposed renewal and assessments.
Discussion
On December 11, 2012, Council adopted Resolution No. 10722 (CCS) establishing the creation of the Santa Monica Tourism Marketing District (SMTMD) for an initial five (5) year term. Council renewed the SMTMD on November 1, 2016 by Resolution No. 11005 (CCS) for an additional nine and one-half (9.5) year term, which ends on June 30, 2027.
The SMTMD is a benefit assessment district that creates a revenue source to help fund sales and marketing efforts for certain Santa Monica lodging businesses. This approach has been used successfully in other destination areas throughout the state to improve tourism and drive additional room nights to assessed businesses. The SMTMD is operated through Santa Monica Travel and Tourism, a private non-profit 501(c)(4)
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based in Santa Monica, California, that promotes the city as a travel and tourism destination.
Adoption of the proposed Resolution of Intention (Attachment B) would result in a public meeting on November 17, 2026 and a public hearing on January 12, 2027 on the renewal of the SMTMD and the levy of assessments on certain lodging businesses.
Proposed exemptions from the levy of assessments are consistent with the proposed amendments to Chapter 6.68, Tax on Transients for Occupancy, subject to voter approval as Measure TT in the November 3, 2026 General Election. Should Measure TT not pass, changes may be required, and an amended Resolution of Intention with a modified schedule may return to Council.
The renewed SMTMD, if adopted, would extend the SMTMD by an additional nine and one-half (9.5) year term, beginning July 1, 2027 and ending December 31, 2036. It will include all lodging businesses, existing and in the future, available for public occupancy located within the boundaries of City of Santa Monica with an average daily rate of $100 or more. Lodging business owners would like to pursue renewal of the SMTMD in order to continue a revenue source devoted to marketing Santa Monica as a tourist, meeting and event destination. If renewed, the SMTMD would generate approximately $6,500,000 on an annual basis for promotion of travel and tourism specific to Santa Monica. This public-private partnership is intended to complement, not replace, the City's investment, with the goal of maximizing economic development for Santa Monica.
TOURISM MARKETING DISTRICTS
Tourism Marketing Districts (TMDs) utilize the efficiencies of private sector operation in the market-based promotion of tourism. These special assessment districts allow assessed business owners to organize their efforts to increase tourism. Business owners located within the TMD-designated boundaries fund the TMD, and those funds are used to provide services that are desired by and benefit the assessed businesses within the TMD.
TMD benefits:
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• Funds cannot be diverted for other government programs; • They are customized to fit the needs of each destination; • They allow for a wide range of services; including: destination marketing, tourism promotion, and sales lead generation;
• They are designed, created and governed by those who will pay the assessment; and
• They provide a stable funding source for tourism promotion.
In California, TMDs are primarily formed pursuant to the Property and Business Improvement District Law of 1994 (94 Law). This law allows for the creation of special benefit assessment districts to raise funds within a specific geographic area. The key difference between TMDs and other special benefit assessment districts is that funds raised are returned to the private non-profit corporation governing the TMD, which for Santa Monica, is Santa Monica Travel and Tourism.
MANAGEMENT DISTRICT PLAN
The Management District Plan (Attachment C) includes the proposed boundary of the SMTMD, a service plan and budget and a proposed means of governance. The SMTMD will include all lodging businesses, existing and in the future, available for public occupancy located within the boundaries of City of Santa Monica with an average daily rate of $100 or more.
The annual assessment is a fixed amount per occupied room per night. The assessment is based on the businesses’ average daily rate, based on the previous year’s performance. Lodging businesses with an average daily rate less than $100 will not be included in the district or assessed. Average daily rate figures shall be updated annually.
Based on the benefit received, assessments will not be collected on: stays of thirty-one (31) or more consecutive days by the same natural person; stays paid by any Federal, State of California, or City, official or employee when on official business provided that an exempt certificate is executed at the time of registration; stays associated with occupancy by a natural person who has occupied, or had the right to occupy, a room or rooms in a lodging business for at least thirty-one (31) consecutive days, where any
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portion of the room rental is paid by a person other than a natural person and the occupancy is necessitated by (i) displacement from a residence caused by fire, natural disaster, or other casualty, (ii) extended medical treatment, or (iii) other comparable circumstances beyond the natural person's control; stays paid to any hospital, medical clinic, convalescent home or home for aged people; and stays paid by any person as to whom, or any occupancy as to which, it is beyond the power of the City to impose the assessment herein by reason of Federal, State, or local law or regulation. These exemptions are consistent with the proposed amendments to Chapter 6.68, Tax on Transients for Occupancy, subject to voter approval as Measure TT in the November 3, 2026 General Election. Should Measure TT not pass, changes may be required, and an amended Resolution of Intention may return to Council.
Initial assessment rates for July 1, 2027 – December 31, 2027 are:
Tier Average Daily
Rate
Assessment Per Occupied Room Per
Night
1 $300 and above $7.50
2 $200 - $299.99 $6.50
3 $100 - $199.99 $2.40
Assessment rates may be subject to an annual increase of no more than twenty-five cents ($0.25) per year for Tier 1 and Tier 2 lodging businesses and no more than ten cents ($0.10) per year for Tier 3 lodging businesses. The table below demonstrates the maximum with the assumption that the rates will be increased by the maximum amounts for each category in each year of the SMTMD’s nine and one-half (9.5) year term. The maximum assessment rate for each category is:
Year
Tier 3
$100 - $199.99
Tier 2
$200 - $299.99
Tier 1
$300 and Above
July 2027- Dec
2027
$2.40 $6.50 $7.50
2028 $2.50 $6.75 $7.75
2029 $2.60 $7.00 $8.00
2030 $2.70 $7.25 $8.25
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2031 $2.80 $7.50 $8.50
2032 $2.90 $7.75 $8.75
2033 $3.00 $8.00 $9.00
2034 $3.10 $8.25 $9.25
2035 $3.20 $8.50 $9.50
2036 $3.30 $8.75 $9.75
*The initial “year” is July 1, 2027 through December 31, 2027 The renewed SMTMD will have a nine and one-half (9.5) year term, beginning July 1, 2027 or as soon as possible thereafter, and ending nine and one-half (9.5) years from its start date.
The City will be responsible for collecting the assessment on a monthly basis from each assessed business. The City will receive an administrative fee, to be negotiated with Santa Monica Travel & Tourism, to cover the costs of administering the SMTMD assessment. Currently, the City receives approximately $30,000 per year for this work.
Under the revised structure, the City would receive up to one percent (1%) of the total amount collected, which more accurately reflects the staff time and resources required for administration. The City shall forward the assessment proceeds, less the City’s administration fee, to Santa Monica Travel & Tourism, which will have the responsibility of managing SMTMD programs as provided in the Management District Plan.
OVERVIEW OF SMTMD RENEWAL PROCESS
October 27, 2026 RESOLUTION OF INTENTION
Upon the submission of a written petition, signed by the business owners in the renewed SMTMD who will pay more than fifty percent (50%) of the assessments proposed to be levied, the City Council (Council) may initiate proceedings to renew the SMTMD by the adoption of a resolution expressing its intention to renew the SMTMD.
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Petition Status: Petitions in favor of SMTMD renewal were submitted by assessed businesses, which represent more than fifty percent (50%) of the total SMTMD assessment. This majority petition allows the Council to initiate proceedings for SMTMD renewal at the October 27, 2026 meeting.
No later than
November 7, 2026 NOTICE
The City will mail a joint notice of the November 17, 2026 public meeting and January 12, 2027 public hearing to the owners of all businesses proposed to be assessed, no later than November 7, 2026. This provides at least ten (10) days’ notice of the public meeting and at least forty-five (45) days’ notice of the public hearing. Written protests must be received by the City Clerk by the scheduled time of the public hearing.
November 17, 2026 PUBLIC MEETING
Allow public testimony on the renewal of the SMTMD and levy of assessments. No Council action required.
January 12, 2027 FINAL PUBLIC HEARING
If written protests are received from the owners of businesses in the renewed SMTMD which will pay fifty percent (50%) or more of the assessments proposed to be levied, and protests are not withdrawn so as to reduce the protests to less than fifty percent (50%), no further proceedings to levy the proposed assessment against such businesses shall be taken for a period of one (1) year from the date of the finding of a majority protest by the Council.
If the Council, following the public hearing, decides to establish the renewed SMTMD, the Council shall adopt a resolution of formation.
ALTERNATIVES
The Council could choose not to adopt the Resolution of Intention. Staff does not recommend this option.
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Environmental Review
The recommended action is exempt from the California Environmental Quality Act (CEQA) pursuant to Section 15061(b)(3) of the CEQA Guidelines (Common Sense Exemption). Adoption of the Resolution of Intention initiates the public notice and hearing process for the proposed renewal of the Santa Monica Tourism Marketing District. It does not renew the district, levy assessments, or authorize construction or other physical changes to the environment. Council retains discretion to determine whether to renew the district following the public hearing. Accordingly, it can be seen with certainty that there is no possibility that the recommended action may have a significant effect on the environment.
Past Council Actions
Meeting Date Description
12/11/2012 Council adopted Resolution No. 10722 (CCS) establishing the Santa Monica Tourism Marketing District (SMTMD).
11/01/2016
(attachment A)
Council adopted Resolution 11005 (CCS) extending the
SMTMD by nine and one-half years beginning on January 1, 2018 through June 30, 2027.
Financial Impacts and Budget Actions
There are no immediate financial impacts or budget actions necessary as a result of the recommended action. If renewed, the SMTMD would collect assessments of approximately $6.5 million annually to fund programs and services to promote travel and tourism specific to Santa Monica. Since SMTMD programs are intended to increase visitation to the City, it is anticipated that there would be a positive though indeterminate impact on the City’s transient occupancy tax and sales tax revenues.
The City would retain up to one percent (1%), or approximately $65,000, of the SMTMD assessments as an administration fee to cover the City’s costs associated with the monthly collection and transfer of the SMTMD assessments. The administration fee would be deposited in the revenue account 01300004.415630. Budget adjustments would be incorporated in the FY 2027-29 Biennial Budget.
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Prepared By: Jennifer Taylor, Economic Development Manager Approved Forwarded to Council
Attachments:
A. Renewal of SMTMD Staff Report 11.1.2016 Council
B. Resolution of Intention SMTMD 102126
C. Management District Plan SMTMD Redline
D. 2026 Levine
E. 2026 Oaks
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City Council
Report
City Council Meeting: November 1, 2016
Agenda Item: 9.A
1 of 5
To: Mayor and City Council
From: Andy Agle, Director, Housing and Economic Development, Economic Development Division
Subject: Renewal of the Santa Monica Tourism Marketing District and Amended and Restated Services Agreement
Recommended Action
Staff recommends that the City Council:
1. Hold a final public hearing and adopt a Resolution renewing the Santa Monica Tourism Marketing District (SMTMD); and
2. Authorize the City Manager to negotiate and execute an Amended and Restated Services Agreement with Santa Monica Travel and Tourism, a California-based organization.
Executive Summary
Recognizing that tourism is a mainstay economic driver in the community, and that strategic marketing provides an opportunity to increase local benefits from tourism while reducing external impacts, Santa Monica Travel and Tourism (SMTT) and the City’s lodging businesses are seeking a renewal of the Santa Monica Tourism Marketing District (SMTMD). Council’s consideration of the adoption of a Resolution renewing the SMTMD represents the third and final step in the multi-step public hearing process required to renew the SMTMD. If the SMTMD is renewed, an additional nine and one-half years would be added to the term of the SMTMD and the additional responsibilities related to the management of the SMTMD would be reflected in the Amended and Restated Services Agreement (Services Agreement) between the City and SMTT. As the existing Services Agreement is set to expire on December 31, 2017, an extension of nine and one-half years to the Services Agreement is recommended in order to continue SMTT’s existing services, programs and responsibilities related to renewing the SMTMD.
Background
The proposed Santa Monica Tourism Marketing District (SMTMD) renewal was initiated by the Santa Monica Travel and Tourism (SMTT) in conjunction with Santa Monica lodging businesses for the purpose of extending a self-assessment on qualifying hotels to generate additional revenues for tourism promotion and marketing. The original
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Packet Pg. 526 Attachment: Renewal of SMTMD Staff Report 11.1.2016 Council (8007 : SMTT District Resolution) 2 of 5
SMTMD is effective for five years commencing on January 1, 2013 and expiring on December 31, 2017. The renewal of the SMTMD would extend the term by nine and one-half years beginning in January 1, 2018 through June 30, 2027. The renewal requires submittal of petitions from lodging businesses representing more than 50 percent of the total annual assessment.
On August 23, 2016 (Attachment A), Council accepted petitions from qualified lodging businesses representing 70 percent of the proposed assessments and adopted Resolution No. 10987 (CCS) declaring its intent to consider renewal of the SMTMD and setting a public hearing for October 25, 2016, to receive additional public testimony on the renewal of the SMTMD. In addition, Council heard testimony from district members representing lodging businesses with an average daily rate of $100 to $199.99 (Tier 3 businesses), who provided input regarding the proposed assessments. Specifically, it was requested that the assessment formula for the Tier 3 businesses be reevaluated to address equity concerns.
Based on the input received from the Tier 3 lodging businesses, the SMTMD Management District Plan was revised to reflect changes to the Tier 3 assessments.
The SMTMD representative of the Tier 3 lodging businesses is supportive of the proposed changes. On September 28, 2016, the SMTMD Committee and the Santa Monica Travel and Tourism Board of Directors unanimously voted to support the modifications to the proposed SMTMD Management District Plan. On October 25, 2016 (Attachment B), Council reviewed and considered the revised SMTMD Management District Plan and held a public meeting to receive additional testimony on the renewal of the SMTMD.
Discussion
The proposed Resolution of Renewal (see Attachment C) sets forth the assessments that would be levied on lodging businesses in the SMTMD. The assessment rate is a fixed amount per occupied room, per night. The amount charged per occupied room per night is based on the business’s average daily rate during the previous year.
In accordance with the revised SMTMD Management District Plan that was reviewed by
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Packet Pg. 527 Attachment: Renewal of SMTMD Staff Report 11.1.2016 Council (8007 : SMTT District Resolution) 3 of 5
Council on October 25, 2016, the assessments rates are as follows:
Tier Average Daily Rate Assessment Per Occupied Room Per Night 1 $300 and above $5.25
2 $200 - $299.99 $4.25
3 $100 - $199.99 $1.50
Lodging businesses with an average daily rate less than $100 are not assessed and not included in the SMTMD. The assessments may be subject to an annual increase of no more than $0.10 per year for the Tier 3 lodging businesses and not more than $0.25 per year for the Tier 1 and 2 lodging businesses. The maximum assessment rate for each tier is summarized below:
Fiscal
Year
Tier 3
$100 - $199.99
Tier 2
$200 - $299.99
Tier 1
$300 and Above
2018* $1.50 $4.25 $5.25
2018-19 $1.60 $4.50 $5.50
2019-20 $1.70 $4.75 $5.75
2020-21 $1.80 $5.00 $6.00
2021-22 $1.90 $5.25 $6.25
2022-23 $2.00 $5.50 $6.50
2023-24 $2.10 $5.75 $6.75
2024-25 $2.20 $6.00 $7.00
2025-26 $2.30 $6.25 $7.25
2026-27 $2.40 $6.50 $7.50
*Fiscal year 2018 covers a 6-month period (January - June).
The SMTMD is estimated to generate approximately $4,130,000 in the first full year of operation. SMTMD assessment funds are intended to supplement, not supplant, existing City funding. The City would continue to allocate base funding to SMTT for tourism marketing through its annual budget process. The proposed assessments would be used to continue enhanced services of international marketing and sales campaigns to promote Santa Monica and its lodging establishments. An administrative fee is retained by the City to cover the City’s administrative cost associated with monthly collection and transmittal of the SMTMD assessments to SMTT ($19,101 for FY 2015-
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Packet Pg. 528 Attachment: Renewal of SMTMD Staff Report 11.1.2016 Council (8007 : SMTT District Resolution) 4 of 5
16). The administrative fee would continue to be subject to an annual increase of five percent.
In addition to adopting the attached resolution, staff recommends Council authorize modifications to the existing Amended and Restated Services Agreement with Santa Monica Travel and Tourism (SMTT) to incorporate the additional responsibilities related to the renewal of the SMTMD and to maintain the services provided by SMTT.
SMTT would continue to provide tourism and marketing programs, operate Visitor Centers, organize summits, conferences, and community events, and promote Santa Monica through print and social media outlets. The additional responsibilities related to the renewal of the SMTMD include providing enhanced sales and marketing services to promote assessed businesses as tourist, meeting and event destinations with the goal of increasing overnight visitation and room night sales. The modified Amended and Restated Services Agreement would become effective on January 1, 2018, concurrent with the commencement of the adopted SMTMD Management District Plan.
Financial Impacts & Budget Actions
The City would retain $20,056 of the SMTMD assessments as an administrative fee to cover the City’s costs associated with the monthly collection and transfer of the SMTMD assessments. A revenue budget of $20,056 is included in the FY 2016-17 Adopted Budget.
Prepared By: Nia Tang, Senior Development Analyst
Approved Forwarded to Council
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Packet Pg. 529 Attachment: Renewal of SMTMD Staff Report 11.1.2016 Council (8007 : SMTT District Resolution) 5 of
5 Attachments:
A. August 23, 2016 Staff Report
B. October 25, 2016 staff report
C. Tourism Marketing District Resolution
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Packet Pg. 530 Attachment: Renewal of SMTMD Staff Report 11.1.2016 Council (8007 : SMTT District Resolution) 1 City Council Meeting: October 27, 2026, Santa Monica, California RESOLUTION NUMBER ______ (CCS)
(City Council Series)
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA DECLARING
ITS INTENTION TO RENEW THE SANTA MONICA TOURISM MARKETING DISTRICT
AND FIXING THE TIME AND PLACE OF A PUBLIC MEETING AND A PUBLIC HEARING
THEREON AND GIVING NOTICE THEREOF
WHEREAS, the City Council (“Council”) of the City of Santa Monica (“City”) created the Santa Monica Tourism Marketing District (“SMTMD”) on December 11, 2012 by Resolution No. 10722 (CCS) for an initial five (5) year term; and
WHEREAS, the SMTMD was subsequently renewed on November 1, 2016 by Resolution No. 11005 (CCS) for an additional nine and one-half (9.5) year term, which ends on June 30, 2027; and
WHEREAS, the Property and Business Improvement District Law of 1994, Streets and Highways Code § 36600 et seq., authorizes the City to renew business improvement districts for the purposes of promoting tourism; and
WHEREAS, Santa Monica Travel & Tourism (“SMTT”), lodging business owners, and representatives from the City have met to consider the renewal of the SMTMD; and WHEREAS, assessed businesses worked with SMTT to develop a Management District Plan (Plan) which sets forth the proposed boundary of the SMTMD, a service plan and budget, and a proposed means of governance; and
WHEREAS, lodging businesses who will pay more than fifty percent (50%) of the assessment under the SMTMD have petitioned the Council to renew the SMTMD.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL THAT:
1. The recitals set forth herein are true and correct.
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Packet Pg. 531 Attachment: Resolution of Intention SMTMD 102126 (8007 : SMTT District Resolution) 2 2. The Council finds that assessed businesses that will pay more than fifty percent (50%) of the assessment proposed in the Plan have signed and submitted petitions in support of the renewal of the SMTMD. The Council accepts the petitions and adopts this Resolution of Intention to renew the SMTMD and to levy an assessment on certain lodging businesses within the SMTMD boundaries in accordance with the Property and Business Improvement District Law of 1994.
3. The Council finds that the Plan satisfies all requirements of Streets and Highways Code §36622.
4. The Council declares its intention to renew the SMTMD and to levy and collect assessments on assessed businesses within the SMTMD boundaries pursuant to the Property and Business Improvement District Law of 1994.
5. The SMTMD shall include all lodging businesses, existing and in the future, available for public occupancy located within the boundaries of the City with an average daily rate of $100 or more, as shown in the map attached as Exhibit A.
6. The name of the district shall continue to be the Santa Monica Tourism Marketing District.
7. The annual assessment is a fixed amount per occupied room per night. The assessment is based on the businesses’ average daily rate, based on the previous year’s performance. Average daily rate figures shall be updated annually. Based on the benefit received, assessments will not be collected on: stays of thirty-one (31) or more consecutive days by the same natural person; stays paid by any Federal, State of California, or City, official or employee when on official business provided that an exemption certificate is executed at the time of registration; stays associated with occupancy by a natural person who has occupied, or had the right to occupy, a room or
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Packet Pg. 532 Attachment: Resolution of Intention SMTMD 102126 (8007 : SMTT District Resolution) 3 rooms in a lodging business for at least thirty-one (31) consecutive days, where any portion of the room rental is paid by a person other than a natural person and the occupancy is necessitated by (i) displacement from a residence caused by fire, natural disaster, or other casualty, (ii) extended medical treatment, or (iii) other comparable circumstances beyond the natural person's control; stays paid to any hospital, medical clinic, convalescent home or home for aged people; and stays paid by any person as to whom, or any occupancy as to which, it is beyond the power of the City to impose the assessment herein by reason of federal, State, or local law or regulation. Lodging businesses with an average daily rate less than $100 will not be included in the district or assessed. Initial assessment rates for July – December 2027 are:
Tier Average Daily
Rate
Assessment Per Occupied Room Per
Night
1 $300 and above $7.50
2 $200 - $299.99 $6.50
3 $100 - $199.99 $2.40
Assessment rates may be subject to an annual increase of no more than twenty-five cents ($0.25) per year for Tier 1 and Tier 2 lodging businesses and no more than ten cents ($0.10) per year for Tier 3 lodging businesses. The table below demonstrates the maximum with the assumption that the rates will be increased by the maximum amounts for each category in each year of the SMTMD’s nine and one-half (9.5) year term, as it is a required disclosure, it is not the anticipated course of action. The maximum assessment rate for each category is:
Year
Tier 3
$100 - $199.99
Tier 2
$200 -
$299.99
Tier 1
$300 and Above
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Packet Pg. 533 Attachment: Resolution of Intention SMTMD 102126 (8007 : SMTT District Resolution) 4 July 2027- Dec
2027
$2.40 $6.50 $7.50
2028 $2.50 $6.75 $7.75
2029 $2.60 $7.00 $8.00
2030 $2.70 $7.25 $8.25
2031 $2.80 $7.50 $8.50
2032 $2.90 $7.75 $8.75
2033 $3.00 $8.00 $9.00
2034 $3.10 $8.25 $9.25
2035 $3.20 $8.50 $9.50
2036 $3.30 $8.75 $9.75
*The initial “year” is July 1, 2027 through December 31, 2027
8. The assessments levied for the SMTMD shall be applied toward sales and marketing programs to market assessed businesses in Santa Monica as tourist, meeting, and event destinations, as described in the Plan. Funds remaining at the end of any year may be used in subsequent years in which SMTMD assessments are levied as long as they are used consistent with the requirements of this Resolution and the Plan.
9. The renewed SMTMD will have a term not to exceed nine and one-half (9.5) years, beginning July 1, 2027, or as soon as possible thereafter, and ending December 31, 2036, unless renewed pursuant to Streets and Highways Code § 36660.
10. Bonds shall not be issued.
11. The time and place for the public meeting to hear testimony on renewing the SMTMD and levying assessments are set for November 17, 2026, at 5:30 PM, or as soon thereafter as the matter may be heard, at the City Hall Council Chambers located at 1685 Main Street, Room 250, Santa Monica, CA 90401.
12. The time and place for the public hearing to renew the SMTMD and the levy of assessments are set for January 12, 2027, at 5:30 PM, or as soon thereafter as the matter may be heard, at the City Hall Council Chambers located at 1685 Main Street,
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Packet Pg. 534 Attachment: Resolution of Intention SMTMD 102126 (8007 : SMTT District Resolution) 5 Room 250, Santa Monica, CA 90401. The City Clerk is directed to mail joint written notice to the owners of all lodging businesses proposed to be assessed, in accordance with Streets and Highways Code § 36623, no later than November 7, 2026.
13. At the November 17, 2026 public meeting and the January 12, 2027 public hearing the testimony of all interested persons for or against the renewal of the SMTMD shall be received. If at the conclusion of the public hearing, there are of record written protests by the owners of the assessed businesses within the renewed SMTMD that will pay fifty percent (50%) or more of the estimated total assessment of the entire SMTMD, no further proceedings to levy the proposed assessment, as contained in this Resolution, shall be taken for one (1) year from the date the Council finds that a majority protest exists.
14. The complete Plan is on file with the City Clerk and may be reviewed upon request.
15. This resolution shall take effect immediately upon its adoption by the City Council.
The City Clerk shall certify to the adoption of this Resolution, and thenceforth and thereafter the same shall be in full force and effect.
_________________________
HEIDI VON TONGELN
City Attorney
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Packet Pg. 535 Attachment: Resolution of Intention SMTMD 102126 (8007 : SMTT District Resolution)
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EXHIBIT A
District Boundaries
Packet Pg. 536 Attachment: Resolution of Intention SMTMD 102126 (8007 : SMTT District Resolution) Santa Monica Tourism Marketing District Gayley Ave
Le Conte Ave
Mandeville Canyo Sunset Blvd Bonsall Ave
Capri Dr San Diego Fwy
Oracle Pl Shetland Ln
Evans Rd Hanover St Montana Ave Dowlen Dr Veteran Ave
Albright St W Sunset Bivd San Vicente Bivd Goshen Ave Ohio Ave La Mesa D Texas Ave Santa Monica Bivd I-405 (8007 : SMTT District Resolution) 26th St ale St Wellesley Ave
Not St- Wishne Bad S Bundy Dr Barry Ave Butler Ave
Toyopa Amalfi Dr 170 SE
Georg 120th SE Exposition Blvd
Entrada Dr Santa Monica Fwy
Bulld St Olympic BiNd Sist St Armacost Ave
Pico BiNd 28th St
Real st AirportAn Rose Ave Attachment: Resolution of Intention SMTMD 102126 * Dewey Palms Bivd
Walgrove Ave
Rose Ave Glyndon Ave
Pacific Ocean Ozone Ave Esth Ave State Rte 1
6th Ave Venice. BIvd.
Pacific Ave N Venice Bivd Beach Ave
Washington Blvd *CIVITAS
Santa Monica City Limits
6 Packet Pg. 536
2027-2036
Prepared pursuant to the Property and Business Improvement District Law of 1994, Streets and Highways Code section 36600 et seq.
August 11October
2, 2026
SANTA MONICA TOURISM MARKETING DISTRICT
MANAGEMENT DISTRICT PLAN
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Packet Pg. 537 Attachment: Management District Plan SMTMD Redline (8007 : SMTT District Resolution)
CONTENTS
I. OVERVIEW...................................................................................................................... 3 II. BACKGROUND................................................................................................................. 5 III. BOUNDARY ..................................................................................................................... 6 IV. ASSESSMENT BUDGET AND SERVICES.............................................................................. 7 A. ANNUAL SERVICE PLAN ............................................................................................................. 7 B. ANNUAL BUDGET ..................................................................................................................... 9 C. CALIFORNIA CONSTITUTIONAL COMPLIANCE ................................................................................ 10 D. ASSESSMENT ......................................................................................................................... 13 E. INTEREST AND OVERDUE CHARGES ............................................................................................ 14 F. TIME AND MANNER FOR COLLECTING ASSESSMENTS..................................................................... 15 V. GOVERNANCE .............................................................................................................. 16 A. OWNERS’ ASSOCIATION .......................................................................................................... 16 B. BROWN ACT AND CALIFORNIA PUBLIC RECORDS ACT COMPLIANCE.................................................. 16 C. SEGREGATION OF SMTMD FUNDS ........................................................................................... 16 D. ANNUAL REPORT ................................................................................................................... 16 E. MILESTONE REPORT ............................................................................................................... 17 APPENDIX 1 – LAW .............................................................................................................. 18 APPENDIX 2 – ASSESSED BUSINESSES................................................................................... 31 APPENDIX 3 – TIER BENEFITS ............................................................................................... 31 APPENDIX 4 – BENEFIT STUDY.............................................................................................. 32 Prepared by
Civitas
(916) 437-4300
www.civitasadvisors.com
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Packet Pg. 538 Attachment: Management District Plan SMTMD Redline (8007 : SMTT District Resolution) SMTMD Management District Plan 3
August 11October 2, 2026
I. OVERVIEW
Developed by Santa Monica lodging businesses and Santa Monica Travel & Tourism (SMTT), the Santa Monica Tourism Marketing District (SMTMD) is an assessment district proposed to continue to provide specific benefits to payors by funding marketing and sales promotion efforts for assessed lodging businesses. This approach has been used successfully in other destination areas throughout the country to provide the benefit of additional room night sales directly to payors. The SMTMD was initially created in 2012 for a five (5) year term and was subsequently renewed in 2016 for a nine and one-half (9.5) year term. Santa Monica lodging businesses and SMTT now wish to renew the SMTMD for an additional nine and one-half (9.5) year term.
Location: The renewed SMTMD includes all lodging businesses, existing and in the future, available for public occupancy located within the boundaries of City of Santa Monica (City) with an average daily rate of $100 or more, as shown on the map in Section III.
Services: The SMTMD is designed to provide specific benefits directly to payors by increasing awareness and demand for room night sales. Sales & Marketing programs, and other improvements and activities set forth in this Management District Plan (Plan), will increase demand for overnight tourism and market payors as tourist, meeting and event destinations, thereby increasing demand for room night sales.
Budget: The total SMTMD annual assessment budget for each full year of operation (January 1- December 31) is anticipated to be approximately $6,500,000. The initial “year” of operation will be a partial year consisting of six (6) months (July 1- December 31), for which the anticipated assessment budget is $3,250,000. A similar assessment budget is expected to apply to subsequent years, but this assessment budget is expected to fluctuate as room sales do, as businesses open and close, and as the assessment rate is increased or decreased pursuant to this Plan.
Cost: The annual assessment is a fixed amount per occupied room per night. The assessment is based on the businesses’ average daily rate, based on the previous year’s performance. Average daily rate figures shall be updated annually. Based on the benefit received, assessments will not be collected on: stays of thirty-one (31) or more consecutive days by the same natural person; stays paid by any Federal, State of California, or City, official or employee when on official business provided that an exempt certificate is executed at the time of registration; stays associated with occupancy by a natural person who has occupied, or had the right to occupy, a room or rooms in a lodging business for at least thirty-one (31) consecutive days, where any portion of the room rental is paid by a person other than a natural person and the occupancy is necessitated by (i) displacement from a residence caused by fire, natural disaster, or other casualty, (ii) extended medical treatment, or (iii) other comparable circumstances beyond the natural person's control; stays paid to any hospital, medical clinic, convalescent home or home for aged people; and stays paid by any person as to whom, or any occupancy as to which, it is beyond the power of the City to impose the assessment herein by reason of federal, State, or local law or regulation. Lodging businesses with an average daily rate less than $100 will not be included in the district or assessed. Initial assessment rates are:
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Packet Pg. 539 Attachment: Management District Plan SMTMD Redline (8007 : SMTT District Resolution) SMTMD Management District Plan 4
August 11October 2, 2026
Tier Average Daily Rate Assessment Per Occupied Room Per Night 1 $300 and above $7.50
2 $200 - $299.99 $6.50
3 $100 - $199.99 $2.40
Assessment rates may be subject to an annual increase of no more than twenty-five cents ($0.25) per year for Tier 1 and Tier 2 lodging businesses and no more than ten cents ($0.10) per year for Tier 3 lodging businesses. The table below demonstrates the maximum with the assumption that the rates will be increased by the maximum amounts for each category in each year of the SMTMD’s nine and one-half (9.5) year term, as it is a required disclosure, it is not the anticipated course of action. The maximum assessment rate for each category is:
Year Tier 3
$100 - $199.99
Tier 2
$200 - $299.99
Tier 1
$300 and Above
July 2027- Dec 2027 $2.40 $6.50 $7.50
2028 $2.50 $6.75 $7.75
2029 $2.60 $7.00 $8.00
2030 $2.70 $7.25 $8.25
2031 $2.80 $7.50 $8.50
2032 $2.90 $7.75 $8.75
2033 $3.00 $8.00 $9.00
2034 $3.10 $8.25 $9.25
2035 $3.20 $8.50 $9.50
2036 $3.30 $8.75 $9.75
*The initial “year” is July 1, 2027 through December 31, 2027 Collection: The City will be responsible for collecting the assessment on a monthly basis (including any delinquencies, interest, and overdue charges) from each assessed lodging business located in the boundaries of the SMTMD. The City shall take all reasonable efforts to collect the assessments from each assessed lodging business.
Duration: The renewed SMTMD will have a nine and one-half (9.5) year life, beginning July 1, 2027 or as soon as possible thereafter, and ending nine and one-half (9.5) years from its start date. After nine and one-half (9.5) years, the SMTMD may be renewed pursuant to the Property and Business Improvement District Law of 1994, Streets and Highways Code section 36600 et seq. (94 Law) if assessed lodging business owners support continuing the SMTMD programs.
Management: SMTT shall continue to serve as the SMTMD’s Owners’ Association. The Owners’ Association is charged with managing funds and implementing programs in accordance with this Plan, and must provide annual reports to the City Council.
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II. BACKGROUND
TMDs are an evolution of the traditional Business Improvement District. The first TMD was formed in West Hollywood, California in 1989. Since then, over 100 California destinations have followed suit. In recent years, other states have begun adopting the California model –Illinois, Minnesota, Massachusetts, Montana, South Dakota, Washington, Colorado, Texas and Louisiana have adopted TMD laws. Several other states are in the process of adopting their own legislation. The cities of Wichita, Kansas and Newark, New Jersey used an existing business improvement district law to form a TMD. Additionally, some cities, like Portland, Oregon and Memphis, Tennessee have utilized their home rule powers to create TMDs without a state law.
California’s TMDs collectively
raise over $300 million annually
for local destination
marketing. With competitors
raising their budgets, and
increasing rivalry for visitor
dollars, it is important
that Santa Monica lodging
businesses continue to invest in
stable, commerce-specific
marketing programs.
TMDs utilize the efficiencies
of private sector operation in
the market-based promotion of
tourism districts. TMDs allow
tourism business owners to
organize their efforts to
increase commerce. lodging business owners within the TMD pay an assessment and those funds are used to provide services that increase commerce.
In California, most TMDs are formed pursuant to the Property and Business Improvement District Law of 1994. This law allows for the creation of a benefit assessment district to raise funds within a specific geographic area. The key difference between TMDs and other benefit assessment districts is that funds raised are returned to the private non-profit corporation governing the district.
There are many benefits to TMDs:
• Funds must be spent on services and improvements that provide a specific benefit only to those who pay;
• Funds cannot be diverted to general government programs; • They are customized to fit the needs of payors in each destination; • They allow for a wide range of services;
• They are designed, created and governed by those who will pay the assessment; and • They provide a stable, long-term funding source for tourism promotion. 1 2
4 6
9 12
19 25
29 32
38 46
61 64
70 75
88 95
99 101
104
109
110
114
113113113
115
116
DISTRICTS OPERATING IN CALIFORNIA
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III. BOUNDARY
The SMTMD will include all lodging businesses, existing and in the future, available for public occupancy within the boundaries of City of Santa Monica with an average daily rate of $100 or more.
Lodging businesses whose average daily rate increases to $100 will be assessed upon determination of the increase; likewise, lodging businesses whose average daily rate decreases to below $100 will not be assessed upon determination of the decrease. Average daily rate figures shall be updated annually.
The boundaries of the SMTMD are shown in the map below.
Lodging business means: Any public or private hotel, inn, tourist home or house, motel, rooming house, bed and breakfast or other lodging place within the City of Santa Monica offering lodging, wherein the owner and operator thereof, for compensation, furnishes lodging to any transient.
Lodging business shall not include short-term rentals, home-shares, or hostels.
A complete listing of assessed lodging businesses within the renewed SMTMD can be found in Appendix 2.
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IV. ASSESSMENT BUDGET AND SERVICES
A. Annual Service Plan
Assessment funds will be spent to provide specific benefits conferred or privileges granted directly to the payors that are not provided to those not charged, and which do not exceed the reasonable cost to the City of conferring the benefits or granting the privileges. The privileges and services provided with the SMTMD funds are Sales & Marketing programs, and other improvements and activities set forth in this Plan, available only to assessed lodging businesses. The assessment rate for each Tier will be commensurate with privileges and services provided to assessed businesses in each Tier as detailed in Appendix 3.
A service plan assessment budget has been developed to deliver services that benefit the assessed lodging businesses. A detailed annual assessment budget will be developed and approved by the SMTT Board. The chart below illustrates the initial annual assessment budget allocations. These activities and allocations will also apply in subsequent years. The total SMTMD budget for each full year of operation is anticipated to be approximately $6,500,000. The total initial “year” of operation will be a partial year consisting of six (6) months, for which the anticipated assessment budget is estimated to be $3,250,000.
Sales & Marketing,
$2,762,500, 85%
Contingency / Reserve,
$325,000, 10%
Administration,
$162,500, 5%
Initial Partial Year Assessment Budget
(July-December) - $3,250,000
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Although actual revenues will fluctuate due to market conditions, the proportional allocations of the budget shall remain the same. However, the SMTT Board shall have the authority to adjust budget allocations between the categories by no more than fifteen percent (15%) of the total budget per year.
A description of the proposed improvements and activities for the initial year of operation is below.
The same activities are proposed for subsequent years. Any and all assessment funds may be used for the costs of defending the SMTMD in the event of a legal challenge, for contributing to reserves, or for renewal of the SMTMD. Policies relating to contributions to the reserves, the target amount of the reserve fund, and expenditure of monies from the reserve fund shall be set by the Board of Directors of the Owners' Association.
Each budget category includes all costs related to providing that service. For example, the Sales & Marketing budget includes the cost of staff time dedicated to overseeing and implementing the Sales & Marketing program. Staff time dedicated purely to administrative tasks is allocated to the administrative portion of the budget. The costs of an individual staff member may be allocated to multiple budget categories. The staffing levels necessary to provide the services below will be determined by SMTT on an as- needed basis.
Sales & Marketing
A Sales & Marketing program will promote assessed businesses as tourist, meeting, and event destinations. The Sales & Marketing program will have a central theme of promoting Santa Monica as a desirable place for overnight visits. The program will have the goal of increasing overnight visitation and room night sales at assessed businesses, and may include the following activities:
• Internet marketing efforts to increase awareness and optimize internet presence to drive overnight visitation and room sales to assessed businesses; • Print ads in magazines and newspapers, television ads, and radio ads targeted at potential visitors to drive overnight visitation and room sales to assessed businesses; • Attendance of trade shows to promote assessed businesses; • Sales blitzes for assessed businesses;
• Familiarization tours of assessed businesses;
• Research and analytics to promote assessed businesses; Sales & Marketing,
$5,525,000, 85% Contingency / Reserve,
$650,000, 10%
Administration,
$325,000, 5%
Initial Full Year Assessment Budget
(January-December) - $6,500,000
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• Transportation services designed to drive overnight visitation and room sales to assessed businesses;
• Staff to implement and support expanded marketing and promotion efforts to promote assessed businesses;
• External public relations firms to promote assessed businesses; • Preparation and production of collateral promotional materials such as brochures, flyers and maps featuring assessed businesses;
• Attendance of professional industry conferences and affiliation events to promote assessed businesses;
• Lead generation activities designed to attract tourists and group events to assessed businesses; • Director of Sales and General Manager meetings to plan and coordinate tourism promotion efforts for assessed businesses; and
• Development and maintenance of a website designed to promote assessed businesses.
Administration and Operations
The administration and operations portion of the budget shall be utilized for administrative staffing costs, office costs, and other general administrative costs such as insurance, legal, and accounting fees.
The City shall be paid an administrative fee to cover its costs for administering, collecting and reviewing the SMTMD assessments paid to the City. For the initial year, the amount shall be $20,056.
The administrative fee may be increased annually, not to exceed five percent (5%).
Contingency
The budget includes a contingency line item as a planning tool to account for unexpected circumstances, such as uncollected assessments or higher than anticipated program costs. If actual costs are higher than anticipated, contingency funds may be used to cover the difference. Any contingency funds not needed for these purposes may be utilized for other program costs, renewal, or for any other organization expenses in this Plan including allocations to reserves, at the discretion of the Owners' Association.
Reserve
The Owners' Association may maintain a reserve fund. The TMD Hotel Committee shall make recommendations to policies relating to contributions to the reserve fund, the target amount of the reserve fund, and expenditure of monies from the reserve fund , which shall be approved by the SMTT Board of Directors.
B. Annual Budget
The total SMTMD annual assessment budget for each full year of operations (January-December) is projected at approximately $6,500,000 annually. The initial “year” of operation will be a partial year consisting of six (6) months (July 1- December 31), for which the anticipated assessment budget is $3,250,000. The total SMTMD annual assessment budget through the nine and one-half (9.5) years term of the SMTMD is estimated to be approximately $72,025,000 if the maximum assessment rate increases are adopted. A similar assessment budget is expected to apply to subsequent years, but this assessment budget is expected to fluctuate as room sales do, as businesses open and close, and if the assessment rate is increased or decreased pursuant to this Plan.
The annual assessment is a fixed amount per occupied room per night. The assessment is based on the businesses’ average daily rate, based on the previous fiscal year’s performance. Average daily rate
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figures shall be updated annually. Based on the benefit received, assessments will not be collected on:
stays of thirty-one (31) or more consecutive days by the same natural person; stays paid by any Federal, State of California, or City, official or employee when on official business provided that an exempt certificate is executed at the time of registration; stays associated with occupancy by a natural person who has occupied, or had the right to occupy, a room or rooms in a lodging business for at least thirty-one (31) consecutive days, where any portion of the room rental is paid by a person other than a natural person and the occupancy is necessitated by (i) displacement from a residence caused by fire, natural disaster, or other casualty, (ii) extended medical treatment, or (iii) other comparable circumstances beyond the natural person's control; stays paid to any hospital, medical clinic, convalescent home or home for aged people; and stays paid by any person as to whom, or any occupancy as to which, it is beyond the power of the City to impose the assessment herein by reason of federal, State, or local law or regulation. Lodging businesses with an average daily rate less than $100 will not be included in the district or assessed. Assessment rates are:
Tier Average Daily Rate Assessment Per Occupied Room Per Night 1 $300 and above $7.50
2 $200 - $299.99 $6.50
3 $100 - $199.99 $2.40
Assessment rates may be subject to an annual increase of no more than twenty-five cents ($0.25) per year for Tier 1 and Tier 2 lodging businesses and no more than ten cents ($0.10) per year for Tier 3 lodging businesses. The assessment rate might not increase starting in 2028, the increases may be implemented in later years at the discretion of the Owners’ Association. The table below demonstrates the maximum with the assumption that the rates will be increased by the maximum amounts for each category in each year of the SMTMD’s nine and one-half (9.5) year term, as it is a required disclosure, it is not the anticipated course of action. If the maximum annual assessment increases are adopted by the SMTT Board, the estimated annual budget will increase as shown in the table below.
Estimated Annual Budget if Maximum Assessment Rates Are Adopted 2027 – 2036
Year Sales &
Marketing Contingency/Reserve Administration Total
Jul - Dec 2027* $2,762,500 $325,000 $162,500 $3,250,000 2028 $5,703,500 $671,000 $335,500 $6,710,000
2029 $5,903,250 $694,500 $347,250 $6,945,000
2030 $6,103,000 $718,000 $359,000 $7,180,000
2031 $6,298,500 $741,000 $370,500 $7,410,000
2032 $6,494,000 $764,000 $382,000 $7,640,000
2033 $6,698,000 $788,000 $394,000 $7,880,000
2034 $6,885,000 $810,000 $405,000 $8,100,000
2035 $7,089,000 $834,000 $417,000 $8,340,000
2036 $7,284,500 $857,000 $428,500 $8,570,000
Total $61,221,250 $7,202,500 $3,601,250 $72,025,000
*2027 only covers a 6-month period (July – December). The estimate for the first full year of operation of the district (January-December) is $7,450,000. The subsequent years in the table assumes the assessment rate increase is enacted each year, beginning in 2028.
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C. California Constitutional Compliance
The SMTMD assessment is not a property-based assessment subject to the requirements of Proposition 218. Courts have found Proposition 218 limited the term ‘assessments’ to levies on real property.1 Rather, the SMTMD assessment is a business-based assessment, and is subject to Proposition 26. Pursuant to Proposition 26 all levies are a tax unless they fit one of seven exceptions.
Two of these exceptions apply to the SMTMD, a “specific benefit” and a “specific government service.” Both require that the costs of benefits or services do not exceed the reasonable costs to the City of conferring the benefits or providing the services.
1. Specific Benefit
Proposition 26 requires that assessment funds be expended on, “a specific benefit conferred or privilege granted directly to the payor that is not provided to those not charged, and which does not exceed the reasonable costs to the local government of conferring the benefit or granting the privilege.”2 The services in this Plan are designed to provide targeted benefits directly to assessed lodging businesses, and are intended only to provide benefits and services directly to those businesses paying the assessment. These services are tailored not to serve the general public, businesses in general, or parcels of land, but rather to serve the specific businesses within the SMTMD. The activities described in this Plan are specifically targeted to increase demand for room night sales for assessed lodging businesses within the boundaries of the SMTMD, and are narrowly tailored. SMTMD funds will be used exclusively to provide the specific benefit of increased demand for room night sales directly to the assessees. Assessment funds shall not be used to feature non-assessed lodging businesses in SMTMD programs, or to directly generate sales for non-assessed lodging businesses.
The activities paid for from assessment revenues are business services constituting and providing specific benefits to the assessed lodging businesses. Nothing in this Plan limits the ability of the Owners’ Association to enter into private contracts with non-assessed lodging businesses for the provision of services to those businesses.
The assessment imposed by the SMTMD is for a specific benefit conferred directly to the payors that is not provided to those not charged. The specific benefit conferred directly to the payors is an increase in demand for room night sales. The specific benefit of an increase in demand for room night sales for assessed lodging businesses will be provided only to lodging businesses paying the district assessment, with Sales & Marketing programs promoting lodging businesses paying the SMTMD assessment. The Sales & Marketing programs will be designed to increase room night sales at each assessed lodging businesses. Because they are necessary to provide the Sales & Marketing programs that specifically benefit the assessed lodging businesses, the administration and contingency services also provide the specific benefit of increased demand for room night sales to the assessed lodging businesses.
Although the SMTMD, in providing specific benefits to payors, may produce incidental benefits to non-paying businesses, the incidental benefit does not preclude the services from being considered a specific benefit. The legislature has found that, “A specific benefit is not excluded from classification as a ‘specific benefit’ merely because an indirect benefit to a nonpayor occurs incidentally and without cost to the payor as a consequence of providing the specific benefit to the payor.”3 1 Jarvis v. the City of San Diego 72 Cal App. 4th 230
2 Cal. Const. art XIII C § 1(e)(1)
3 Government Code § 53758(a)
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2. Specific Government Service
The assessment may also be utilized to provide, “a specific government service or product provided directly to the payor that is not provided to those not charged, and which does not exceed the reasonable costs to the local government of providing the service or product.”4 The legislature has recognized that marketing and promotions services like those to be provided by the SMTMD are government services within the meaning of Proposition 265. Further, the legislature has determined that “a specific government service is not excluded from classification as a ‘specific government service’ merely because an indirect benefit to a nonpayor occurs incidentally and without cost to the payor as a consequence of providing the specific government service to the payor.”6
3. Reasonable Cost
SMTMD services will be implemented carefully to ensure they do not exceed the reasonable cost of such services. The full amount assessed will be used to provide the services described herein. Funds will be managed by the SMTT, and reports submitted on an annual basis to the City. Only assessed lodging businesses will be featured in marketing materials, receive sales leads generated from SMTMD-funded activities, be featured in advertising campaigns, and benefit from other SMTMD-funded services. The assessed lodging business list was compiled from records provided by the jurisdiction and complies with the requirements of the 94 Law. Pursuant to Streets and Highways Code Section 36615, the City Council’s determination of ownership is final and conclusive, with no obligation to obtain other information. Non-assessed lodging businesses will not receive these, nor any other, SMTMD-funded services and benefits.
The SMTMD-funded programs are targeted directly to benefit assessed lodging businesses. It is, however, possible that there will be a spill over benefit to non-assessed lodging businesses. If non-assessed lodging businesses receive incremental room nights, that portion of the promotion or program generating those room nights shall be paid with non-SMTMD funds. SMTMD funds shall only be spent to benefit the assessed lodging businesses, and shall not be spent on that portion of any program which directly generates incidental room nights for non-assessed lodging businesses.
4. Benefit to NonPayors
The specific benefits provided by the SMTMD will only be directly provided to the assessed businesses; they will not be directly provided to non-assessed businesses. Possible indirect benefit does not preclude the SMTMD services from being considered a specific benefit. The legislature has directly indicated, in the context of tourism marketing districts, that services are not precluded from classification as a specific benefit merely because an indirect benefit to a nonpayor occurs as a consequence of providing the service and without cost to the payor.7 Although the legislature does not require the cost of any incidental benefit to non-payors be separated from the assessment, out of an abundance of caution, in 2016 a study was conducted on benefit generated by the SMTMD programs. The study is attached as Appendix 4. The study found that 6.6% of marketing programs generate incidental room night sales at non-assessed lodging businesses.
Although it is not required, the portion of programs that generate this benefit will continue to be paid for with non-assessment funds. Assessment funds will only fund that portion of the programs (93.4%) which represents a specific benefit to the assessed businesses. For example, if a program costs 4 Cal. Const. art XIII C § 1(e)(2)
5 Government Code § 53758(b)
6 Government Code § 53758(b)
7 AB 483 Ting (2014)
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$100,000 total, the SMTMD will fund $93,400 and the remaining $6,600 will be sourced from non-assessment funds.
The amount of the assessment is no more than necessary to cover the reasonable costs of the proposed activities, and the manner in which the costs are allocated to a business owner bear a fair share or reasonable relationship to the businesses’ benefits received from the proposed activities. The benefit study in Appendix 4 found that the benefits provided by the SMTMD do not exceed the reasonable cost.
The programs provided with SMTMD funding receive additional non-assessment funding in the form of grants, corporate sponsorships, event income, transient occupancy tax, and other funds. These funding sources shall be equal to or exceed the amount of benefit conferred to non-payors annually by the SMTMD services. These non-assessment funds will be used to pay for the benefit to non-payors provided by the proposed services, ensuring that assessments will only be used to provide benefits to assessed businesses.
D. Assessment
The annual assessment is a fixed amount per occupied room per night. The assessment is based on the businesses’ average daily rate, based on the previous year’s performance. Average daily rate figures shall be updated annually. Based on the benefit received, assessments will not be collected on: stays of thirty-one (31) or more consecutive days by the same natural person; stays paid by any Federal, State of California, or City, official or employee when on official business provided that an exempt certificate is executed at the time of registration; stays associated with occupancy by a natural person who has occupied, or had the right to occupy, a room or rooms in a lodging business for at least thirty-one (31) consecutive days, where any portion of the room rental is paid by a person other than a natural person and the occupancy is necessitated by (i) displacement from a residence caused by fire, natural disaster, or other casualty, (ii) extended medical treatment, or (iii) other comparable circumstances beyond the natural person's control; stays paid to any hospital, medical clinic, convalescent home or home for aged people; and stays paid by any person as to whom, or any occupancy as to which, it is beyond the power of the City to impose the assessment herein by reason of federal, State, or local law or regulation. Lodging businesses with an average daily rate less than $100 will not be included in the district or assessed. Initial assessment rates are:
Tier Average Daily Rate Assessment Per Occupied Room Per Night 1 $300 and above $7.50
2 $200 - $299.99 $6.50
3 $100 - $199.99 $2.40
Assessment rates may be subject to an annual increase of no more than twenty-five cents ($0.25) per year for Tier 1 and Tier 2 lodging businesses and no more than ten cents ($0.10) per year for Tier 3 lodging businesses. The table below demonstrates the maximum with the assumption that the rates will be increased by the maximum amounts for each category in each year of the SMTMD’s nine and one-half (9.5) year term, as it is a required disclosure, it is not the anticipated course of action. The maximum assessment rate for each category is:
Year Tier 3
$100 - $199.99
Tier 2
$200 - $299.99
Tier 1
$300 and Above
July 2027- Dec 2027 $2.40 $6.50 $7.50
2028 $2.50 $6.75 $7.75
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2029 $2.60 $7.00 $8.00
2030 $2.70 $7.25 $8.25
2031 $2.80 $7.50 $8.50
2032 $2.90 $7.75 $8.75
2033 $3.00 $8.00 $9.00
2034 $3.10 $8.25 $9.25
2035 $3.20 $8.50 $9.50
2036 $3.30 $8.75 $9.75
*The initial “year” is July 1, 2027 through December 31, 2027 The term “gross short-term sleeping room rental revenue” as used herein means: Any charge required by any such hotel for lodging and/or lodging space furnished to any such transient, including, but not limited to, furniture, fixtures, appliances, linens, towels, non-coin-operated safes, and maid service.
Gross short-term sleeping room rental revenue shall not include, and therefore the assessment shall not be charged upon, any federal, state or local taxes collected, including but not limited to transient occupancy taxes and any amount upon which a sales or use tax is imposed with respect to the sale of food products.
The assessment is levied upon and a direct obligation of the assessed lodging business. However, the assessed lodging business may, at its discretion, pass the assessment on to transients. The amount of assessment, if passed on to each transient, shall be disclosed in advance and separately stated from the amount of rent charged and any other applicable taxes, and each transient shall receive a receipt for payment from the business. If the SMTMD assessment is identified separately it shall be disclosed as the “TMD Assessment.” As an alternative, the disclosure may include the amount of the SMTMD assessment and the amount of the assessment imposed pursuant to the California Tourism Marketing Act, Government Code §13995 et seq. and shall be disclosed as the “Tourism Assessment.” The assessment is imposed solely upon, and is the sole obligation of the assessed lodging business even if it is passed on to transients. The assessment shall not be considered revenue for calculation of transient occupancy taxes.
Bonds shall not be issued.
E. Interest and Overdue Charges
The SMTMD shall reimburse the City for any costs associated with collecting unpaid assessments. If sums in excess of the delinquent SMTMD assessment are sought to be recovered in the same collection action by the City, the SMTMD shall bear its pro rata share of such collection costs.
Assessed lodging businesses which are delinquent in paying the assessment shall be responsible for paying:
1. If any person shall fail or refuse to remit to the City the assessment required to be collected and paid under this Plan, on or before the last day of the month in which said assessment becomes due, such assessment is delinquent.
2. Upon any assessment becoming delinquent, the City shall impose an overdue charge of ten percent (10%) of the amount of the assessment.
3. To the extent permitted by law, the City, or designee, may establish rules and regulations that establish an applicable interest rate for any delinquency.
4. If any assessment remains delinquent and unpaid for more than thirty (30) days, an additional overdue charge of ten percent (10%) shall be added.
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5. For collection purposes only, every overdue charge imposed and any such interest as accrues under this Section shall become a part of the assessment required to be remitted.
F. Time and Manner for Collecting Assessments
The SMTMD assessment will be implemented beginning July 1, 2027 or as soon as possible thereafter, and ending nine and one-half (9.5) years from its start date. The City will be responsible for collecting the assessment on a monthly basis (including any delinquencies, interest and overdue charges) from each assessed lodging business. The City shall take all reasonable efforts to collect the assessments from each assessed lodging business. The City shall forward the assessments collected to the Owners’ Association.
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V. GOVERNANCE
A. Owners’ Association
The City Council, through adoption of this Plan, has the right, pursuant to Streets and Highways Code §36651, to identify the body that shall implement the proposed program, which shall be the Owners’ Association of the SMTMD as defined in Streets and Highways Code §36612. The City Council has determined that SMTT will continue to serve as the Owners’ Association for the SMTMD.
The SMTT standing advisory committee known as the “TMD Hotel Committee” shall continue to be responsible for making recommendations to the SMTT Board regarding SMTMD funds and programs. The TMD Hotel Committee shall have between four (4) and nine (9) members, of which at least four (4) will be representatives of assessed lodging businesses.
Annually, SMTT shall hold a joint SMTT Board and TMD Hotel Committee meeting which will be open to the public. The purpose of the annual meeting will be mutual approval of the budget and programs for SMTMD funds for the upcoming fiscal year.
B. Brown Act and California Public Records Act Compliance An Owners’ Association is a private entity and may not be considered a public entity for any purpose, nor may its board members or staff be considered to be public officials for any purpose. The Owners’ Association is, however, subject to government regulations relating to transparency, namely the Ralph M. Brown Act and the California Public Records Act. These regulations are designed to promote public accountability. The Owners’ Association acts as a legislative body under the Ralph M. Brown Act (Government Code §54950 et seq.). Thus, meetings of the SMTT Board and certain committees must be held in compliance with the public notice and other requirements of the Brown Act.
Accordingly, the Owners’ Association shall publicly report any action taken and the vote or abstention on that action of each member present for the action. The Owners’ Association is also subject to the record keeping and disclosure requirements of the California Public Records Act.
C. Segregation of SMTMD Funds
Any SMTMD assessment funds that are received by SMTT shall be held in a separate SMTT bank account.
D. Annual Report
The SMTT shall present an annual report at the end of each year of operation to the City Council pursuant to Streets and Highways Code §36650 (see Appendix 1). The annual report shall include:
• Any proposed changes in the boundaries of the improvement district or in any benefit zones or classification of businesses within the district.
• The improvements and activities to be provided for that fiscal year. • An estimate of the cost of providing the improvements and the activities for that fiscal year. • The method and basis of levying the assessment in sufficient detail to allow each business owner to estimate the amount of the assessment to be levied against his or her business for that fiscal year.
• The estimated amount of any surplus or deficit revenues to be carried over from a previous fiscal year.
• The estimated amount of any contributions to be made from sources other than assessments levied pursuant to this part.