R115971
City Council Meeting June 25, 2024 Santa Monica, California
RESOLUTION NUMBER 11597 (CCS)
(City Council Series)
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
SANTA MONICA TEMPORARILY WAIVING AND REDUCING OUTDOOR DINING
LICENSE FEES FOR THIRD STREET PROMENADE TO STIMULATE ECONOMIC
RECOVERY
WHEREAS, the Santa Monica Municipal Code Section 9.31.200 allows for outdoor
dining on the public right-of-way to enhance pedestrian ambiance of the City; and
WHEREAS, Santa Monica Municipal Code Section 2.72.010 authorizes the
imposition of charges for private use of public property; and
WHEREAS, Santa Monica Municipal Code Section 2.72.020 authorizes setting
such changes by resolution; and
WHEREAS, to stimulate economic recovery following the arrival of the COVID-19
pandemic, the City Council adopted Resolution No. 11339 which, among other things,
waived, until December 31, 2021, the monthly license fee that outdoor dining operators
are required to pay pursuant to their respective outdoor dining license agreements with
the City under Santa Monica Municipal Code Section 9.31.200 and established fees for
the Santa Monica Outdoors Pilot Program that would expire on September 30, 2022.
WHEREAS, on June 8, 2021, the City Council adopted Resolution No. 11340,
which re-set the outdoor dining license fees for licenses issued pursuant to Santa Monica
Municipal Code Section 9.31.200 so that the fee rates in 2022 would be the same as in
2020 and annually thereafter, commencing on January 1, 2023, such fees would be
adjusted by the chance in Consumer Price Index; and
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WHEREAS, to continue to provide relief to outdoor dining operators, on December
14, 2021, the Council adopted Resolution No. 11392 to waive monthly license fees through
June 30, 2022, for operators of outdoor dining on City sidewalks under Santa Monica
Municipal Code Section 9.31.200 and for eligible parklet operators with a Santa Monica
Outdoors Pilot Program permit pursuant to Santa Monica Municipal Code Chapter 6.40;
and
WHEREAS, on May 10, 2022, the Council adopted Resolution No. 11419 to waive,
among other fees, the monthly outdoor license fees for outdoor dining operated on
sidewalks and on parklets until September 30, 2022; and
WHEREAS, the Third Street Promenade has played an important role in positioning
the City of Santa Monica as an international visitor destination and is a critical economic
engine to the City; and
WHEREAS, an estimated 10 million people visit the Santa Monica Pier each year
but, currently, only a small fraction of this number currently visit the pedestrian mall on the
Third Street Promenade; and
WHEREAS, restaurants located on the Third Street Promenade, continue to be
heavily impacted by the loss of international tourism, a nearly 20 percent retail vacancy
rate, the highest in the City, and a slow return of daytime workers employed by Downtown
Santa Monica’s office and retail tenants that have resulted in significantly less visitors for
the Third Street Promenade; and
WHEREAS, to enhance the appeal of the Third Street Promenade, attract and
support restaurants and entertainment uses to this area, consistent with the City’s recent
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zoning changes that were enacted to support the conversion of vacant retail spaces to
entertainment and dining uses, and lend a vibrancy to an area that has struggled with a
high number of retail vacancies, the City Council desires to temporarily waive the monthly
license fees for the period from July 1, 2024, through June 30, 2025, and temporarily
reduce the license fee to $1.00 per square foot per month for the period from July 1, 2025,
through June 30, 2026, for outdoor dining operators located on the Third Street
Promenade that provide outdoor dining under an executed license agreement and that
comply with Santa Monica Municipal Code Section 9.31.200 and all other applicable local,
state, and federal laws.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SANTA MONICA
DOES RESOLVE AS FOLLOWS:
SECTION 1. For the period from July 1, 2024, through June 30, 2025, the City will
temporarily waive the monthly license fees that outdoor dining operators, located on the
Third Street Promenade, are required to pay under their respective executed outdoor
dining license agreements with the City and pursuant to Santa Monica Municipal Code
Section 9.31.200.
SECTION 2. For the period from July 1, 2025, through June 30, 2026, the City will
temporarily reduce the license fee to $1.00 per square foot per month for outdoor dining
operators, located on the Third Street Promenade, under their respective executed
outdoor dining license agreements with the City and pursuant to Santa Monica Municipal
Code Section 9.31.200. Thereafter, such outdoor dining operators shall resume paying
their respective monthly outdoor licensing fees according to fees established by Resolution
No. 11340, or any amendments or successors thereto.
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SECTION 3. Unless otherwise provided under a City resolution or policy, all other
fees applicable to outdoor dining operators on the City’s public right-of-way, including
without limitation, permit and inspection fees, will continue to apply to outdoor dining
operators, including outdoor dining operators located on the Third Street Promenade, and
the monthly license fees for other areas outside the Third Street Promenade will continue
to apply according to the outdoor license fees established by Resolution No. 11340, or any
amendments or successors thereto.
SECTION 4. The temporary waiver and reduction of the monthly licensee fees
specified in this Resolution will apply to outdoor dining operators that comply with Santa
Monica Municipal Code Section 9.31.200 and all other applicable local, state, and federal
laws.
SECTION 5. This Resolution shall be effective immediately upon its adoption.
SECTION 6. If there are any conflicts between the monthly license fees waived in
this Resolution and fees waived by any prior resolution, the waiver of fees pursuant to this
Resolution shall control.
SECTION 7. The City Clerk shall certify to the adoption of this Resolution, and
thenceforth and thereafter the same shall be in full force and effect.
APPROVED AS TO FORM:
_________________________
Douglas Sloan, City Attorney
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Adopted and approved this 25th day of June, 2024.
__________________________
Phil Brock, Mayor
I, Nikima S. Newsome, Interim City Clerk of the City of Santa Monica, do hereby
certify that Resolution No. 11597 (CCS) was duly adopted at a meeting of the Santa
Monica City Council held on the 25th day of June, 2024, by the following vote:
AYES: Councilmembers Parra, Torosis, de la Torre,
Mayor Pro Tem Negrete, Mayor Brock
NOES: Councilmembers Zwick, Davis
ABSENT: None
ATTEST:
_____________________________________
Nikima S. Newsome, Interim City Clerk
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