Loading...
sr-120809-7cc7® ~;,YO, City Council Report Santa Monica City Council Meeting: December 8, 2009 Agenda Item: ~' ~~ To: Mayor and City Council From: Marsha Jones Moutrie, City Attorney Subject: Proposed Ordinance Narrowing Street Performance Permit Requirements Recommended Action Staff recommends that the Council approve the attached proposed ordinance amending Municipal Code Chapter 6.112, which governs street performance, by eliminating the requirement that a performer obtain a permit to perform on any City sidewalk and thus narrowing the permit requirement to the Pier, the Third Street Promenade and the Transit Mall. Executive Summary On October 13, 2009, the City Council considered the issue of whether the City's permit system for street performance should be modified or abandoned based on the decision in Berger v. Seattle, 563 F.3d 1029 (9th Cir. 2009), which invalidated a permit requirement applicable to street performers working in the Seattle Center. Council received the staff report, heard public testimony from many street performers and others, and discussed the differences between the Seattle's and Santa Monica's regulatory systems. Council then directed staff to return with an ordinance narrowing the City's permit requirement but retaining it for the purpose of protecting public safety in the City's most confined and crowded public spaces: the Pier, the Promenade and the Transit Mall. The attached ordinance fulfills that direction. It eliminates the requirement of a permit for performance on all City sidewalks. Thus, permits would only be required for three specific spaces: the Pier, the Promenade and the Transit Mall. No permit would be required to perform in other public spaces, including all of the City's parks, City sidewalks, and parkways, among others. In addition to proposing this modification, staff also suggests that Council consider limiting the permit requirement to exclude morning hours, when the risks of crowding are diminished. 1 Background The staff report presented to the Council on October 13th briefly summarizes the history of the City's efforts to encourage street performance and regulate it only to the extent necessary to preserve public safety and welfare. Staff reports presented to Council over the last 20 years set forth that history in detail. And, the City Council's legislative findings document the City's goals and policies as to street performance. Overall, this record demonstrates a concerted and continuous effort to strike and maintain the best possible balance between the goals of promoting performance, preserving public safety and welfare in the City's most popular public venues, and respecting constitutional rights of expression. The record also demonstrates that Santa Monica values street performance and for good reason. The City is staunchly committed to supporting the arts and to providing opportunities for individual artists. Street performance provides a ready opportunity for individual artists and groups to perfect their work and make a living. Moreover, street performance helps support the City's visitor-serving economy. It enlivens public spaces and draws visitors and tourists to them. Therefore, the City has long-encouraged street performance and has steadfastly endeavored to respect performers' First Amendment rights. Thus, the City's performance permit requirements have always been limited. They apply only to confined public spaces with safety issues: sidewalks, the Pier, the Promenade and the Transit Mall. There is not and never has been a requirement to obtain a permit to perform in any of the City parks or other open spaces where crowds seldom pose safety hazards because ingress, egress and emergency access are readily maintained. The Third Street Promenade, Pier and Transit Mall differ from the City's parks and open space. Each is narrow, confined, and often extremely crowded. The Promenade is a 2 three block long walk-street, walled on both sides by commercial structures with two cross-streets and streets bounding its ends. See Attachment "A". Street trees, fountains, street furniture, light standards, statuary and other improvements enhance the physical environment but also interrupt the flow of pedestrian traffic. That flow and emergency access become problematic when the Promenade is crowded, which occurs often. The crowds are unpredictable in size, and often huge. Counts undertaken by safety personnel have documented crowds as large as 10,000 per block or more. Like the Promenade, the Pier is long and narrow. And, it is even more confined. As shown on Attachment "B", the distance between the Pier rails is as little as 45 feet. Moreover, ingress and egress are severely restricted. There are no exits for the seaward 540 feet of the Pier's length. Thus, it is very difficult to maintain ingress, egress and emergency access when the Pier is crowded. Likewise, the Transit Mall sidewalks, which cross the Promenade, are relatively narrow spaces dotted with street improvements and amenities that enhance the space but also limit the flow of pedestrian traffic. See Attachment "C". These improvements include trees, transit shelters and arbors, light standards, street furniture, trash receptacles and water fountains: The Transit Mall sidewalks are bounded on one side by building walls and on the other by very busy streets carrying an unusually high number of buses in addition to typical southern California vehicle traffic. Street performers enliven these public spaces and help attract the visitors that the City needs, but their equipment and performances also impact and impair pedestrian circulation and do so on a constant basis. Performers are workers. For many, the Promenade, Pier and Transit Mall are the workplaces they go to daily, year in and year out. They strive to attract crowds who will express their approval by making donations or perhaps buying the music or visual art that the performers create. And, they succeed. Crowds routinely gather around performers, standing in stationery rings, enjoying the performance. These rings of spectators do not move until the performance 3 ends, and they block the flow of pedestrian traffic. On the Promenade, pedestrians often must force their way between the outer rings of spectators and building walls. On the Pier, where performers work by both Pier rails, pedestrians often must shove their way through the middle between groups of spectators. On the Transit Mall, when the sidewalks are blocked by pedestrians gathered around performers, other pedestrians sometimes step into the busy streets to get around the knots of spectators. Moreover, it is not just the audiences that block passage. Most of the street performers use equipment of one kind or another: musical instruments, tables, chairs, amplifiers, and other props. The City has adopted laws limiting the types and amount of equipment that can be used by performers on the Promenade, Pier and Transit Mall. These laws ensure that, in times of emergency, each performer will be readily able to remove his or her own equipment. However, if those laws are not known and followed the results could be devastating. With thousands of pedestrians trying to flee, an emergency could readily become a disaster if performers' equipment blocked the sidewalk. Thus, the City's challenge has been to keep these special spaces both successful and safe,. by continuing to both attract and protect large crowds. That challenge has been exacerbated by the fact that the physical confines and crowd sizes leave no margin for error. Though all three .venues have good safety records, especially relative to the number of visitors, safety emergencies have occurred over the years. Safety personnel have been required to evacuate both the Promenade and Pier in emergencies. These experiences demonstrated both the necessity and the difficulty of protecting circulation and emergency ingress and egress in these confined spaces. The City Council has chosen to address this challenge by ensuring that before they even start performing on the Promenade, Pier, Transit Mall or a sidewalk, all performers receive information about safety rules through the process of securing a City permit. The process is simple and expeditious. The application is short. Moreover, an application filed in the morning is processed the same day. A City worker reviews the 4 description of the act to ensure that it will not violate the code provisions prohibiting dangerous acts or acts that involve dangerous props, such as torch and knife juggling. The permit is issued by the afternoon of the next business day. The permit need only be renewed annually; and the fee, which only covers a portion of the cost of processing, is modest. This year it is $37.00. Along with their permit, performers receive a simple list of the rules governing performance. These rules protect circulation and ingress and egress relating mainly to equipment and spacing. Performers' familiarity with the rules ensures that safety hazards are avoided and that, in time of emergency, the public space can be quickly cleared. This basic system has worked well over many years and enjoys the support of the City's street performance community, which this year numbers 1240 permit holders, as of November 30, 2009. Discussion Now, the Berger decision necessitates a policy decision about whether the City can and should strive to maintain the permit system. After studying the matter on October 13tH Council directed legal staff to prepare an ordinance that would effectuate the basic tenants of the Berger decision by narrowing the performance permit requirement but also attempt to preserve the requirement based on distinctions between Santa Monica's and Seattle's law and circumstances. The attached proposed ordinance and a possible alternative are presented in response to that direction While it is not clear that any street performance permit requirement can be maintained in the Ninth Circuit following the Berger decision, it is possible that Santa Monica may be able to maintain a limited permitting system based on distinctions between Santa Monica's law and situation and Seattle's. There are four main distinctions. First, Santa Monica's law already defines "performance" more narrowly than Seattle's, and the proposed ordinance would further narrow the permit requirement. One of the general legal principles underlying the Berger decision is that a limitation on protected 5 expression must be narrowly tailored to achieve a significant governmental interest. Existing Santa Monica law defines a performer as "an individual who performs in a public area for the purpose of providing public entertainment ... SMMC Section 6.112.040 (emphasis supplied). The Seattle regulation defined "performer" more broadly as a "member of the public engaging in any performing art." Thus, the Berger court noted that a person singing to his or her family at a family picnic in the park would need a performance permit. In Santa Monica, this would not be the case because the singer would not be singing for the purpose of providing "public entertainment." Thus, the Santa Monica definition incorporates the concept of performing for the public as opposed to merely expressing oneself in public for the sheer joy of it or to entertain family or friends. Santa Monica's law is also presently more narrowly drawn in another respect. The Seattle law allowed the park director to deny a performance permit on very general grounds related to protecting health, safety and welfare and also allowed the park director to revoke a permit "for convenience." The Santa Monica law contains no analogous provisions. See SMMC Section 6.112.040. Permits can be denied and revoked only for clearly specified reasons. Moreover, the City's current permit requirement only applies to performances occurring in four locations; one general and three specific: City sidewalks, the Promenade, the Pier and the Transit Mall. Permits are not presently required to perform in parks or other open spaces. The proposed law would narrow the permit requirement even further by eliminating the requirement to obtain a permit before performing on any City sidewalk. This change is recommended to comport with the requirement of narrow tailoring. While. it is true that, in Santa Monica, obstructing pedestrian traffic on any sidewalk could create a safety hazard. However, the Municipal Code Section 3.12.372, requiring that four feet of sidewalk width be kept clear, and Section 3.12.375, limiting sidewalk 6 obstructions, appear adequate to preserve safe pedestrian flow on almost all sidewalks throughout the City. And, in most of the City, a temporary obstruction or an unsafe performance, could be addressed by simply enforcing existing law regulating obstructions and street performance. Therefore, as explained on October 13~h, staff recommends narrowing the present permit requirement by eliminating the permit requirement for performance on all City sidewalks because that requirement is probably broader than necessary to achieve the City's purpose of protecting safety. In contrast, staff recommends attempting to maintain the requirement for the Pier, Promenade and Transit Mall. As described above, each of those spaces is narrow, confined and often extremely crowded. Due to the limitations upon ingress and egress in each of those spaces, and the size of crowds, the margin for error is very limited. Thus, simply enforcing violations as they occur is not adequate to protect safety. The second distinction between Santa Monica's permitting system and Seattle's is the nature of the regulated space. The Berger decision describes the Seattle Center as a huge public space -- an "80 acre expanse" including numerous entertainment venues and "twenty-three acres of outdoor public park space." The physical realities of the Pier, Promenade and Transit Mall could hardly be more different. All three are relatively small and closely confined. As shown on Attachments A through C, the size of the Pier, the Promenade and the Transit Mall is miniscule in comparison to the vast expanse of the Seattle Center. Equally important, unlike the Seattle Center, they are confined, bounded by walls, busy streets and the ocean. Thus, in a safety emergency, when conditions are crowded, members of the public cannot readily leave the area. Nor can emergency personnel readily gain access. Finally, because the total area of these three unique venues is so small in comparison to total public space in the City, performers will have ample opportunities to perform elsewhere if they wish to avoid the permit requirement. See Exhibit "D", showing the three venues in the larger contexts of the Downtown and the City: 7 The third important distinction between Santa Monica's and Seattle's permitting systems is the purpose of the regulations, which is very different. Santa Monica's law serves the main purpose of keeping the City's most popular and crowded spaces safe. The Berger decision does not mention crowding within the Center as a safety issue. Nor does it mention any evidence that large crowds gathered around performers or blocked passage within the Center. Nor is there any reason to imagine that emergency ingress and egress could be a problem in a space so expansive as the Seattle Center. Seattle's performance permit requirement was simply not adopted to ensure crowd safety. Instead, as the Berger decision explains, Seattle's performance permit requirement was adopted for the purposes of reducing territorial disputes between performers, deterring harassment and hostile behavior by performers, coordinating multiple park uses, and establishing a civil enforcement mechanism based oh permit revocation. While Seattle claimed that disputes between performers might somehow endanger individual members of the public, this claim is not credible as individuals watching performers could simply walk away from a fight between two performers. In contrast, if there is fire on the Pier or melee on the Promenade, crowds cannot simply readily leave the area because the spaces are so small and confined. Seattle's main concern seems to have been controlling fractious conduct by one or more street performers, including territorial disputes between them and harassment of audience members. Seattle also claimed to be using the permit system to balance uses. However, the basis of this claim is left unclear in the decision. In any event, Santa Monica does not share these concerns. The City's permit requirement was not adopted to foster good behavior by performers or to manage competing demands for space. Indeed, the only goal that Santa Monica shares with Seattle was creating a civil remedy for enforcement. The requirement of obtaining a permit ensures that performers will 8 also obtain a copy of the regulations before they begin performing, thus ensuring that as soon as they begin to work on the Promenade, Pier or Transit Mall, they will know what is required. Moreover, in the mid 1990's, the Council required that a remedy of permit revocation be created because Council and the street performance community agreed that criminal sanctions were inappropriate for most violations and contrary to the City's commitment to supporting arts and expression. In the Berger decision, the Court stated that, rather than requiring a permit to ensure that performers obtained information about the rules in advance, performers could simply be held accountable for violations after the violations occurred through criminal or civil sanctions. And, that is what would occur for any performance violation occurring in Santa Monica's streets or in other areas where a permit is not required. However, as to the Promenade, Pier and Transit Mall, the particular safety risks may not allow that margin for error. Fourth, and finally, Santa Monica's street performance laws were adopted and refined through afull-blown legislative process and are supported by street performers because the laws create a safe and orderly environment that fosters the performers' work. Seattle's performance permit requirement was created by administrative fiat. The Berger decision states that the park director merely issued a revised regulation. In contrast, Santa Monica's laws governing street performance were publicly formulated, adopted and repeatedly revised through extensive public processes. The performance community participated actively, every step of the way, both as a group and as individuals. For instance, in the mid 1990's, performers indicated that they wanted the Bayside District Corporation, which manages the Promenade for the City, to hire a "performance monitor" to work with the performers, hear any concerns, and provide any explanations of the City's requirements. This suggestion was adopted and has been implemented ever since. Later, performers who work on the Pier suggested a lottery system for allocating the very limited space on the Pier. That system was instituted and remains in effect today on the Pier. 9 Most recently, when the Council considered revising the permit system in the wake of the Berger decision, the performance community expressed strong support for attempting to maintain the permit system. On October 13th, performers submitted two petitions, signed by a total of about 90 performers, requesting that the permit system be maintained. At the public hearing, many performers testified in favor of the system, explaining that it helps ensure that all performers understand and follow the rules. The only opposition came from two street vendors. All of the many performers who testified support the permit requirements. Based upon the marked disparity between Seattle's circumstances and law and Santa Monica's, it fs possible that the Ber er decision does not compel the City to abandon its permit requirement. If Council wishes to pursue that possibility, staff recommends narrowing the permit requirement to the minimum necessary to meet the Council's goals of preserving public safety. The proposed ordinance fulfills the direction given at the October 13th meeting, and would narrow the ordinance. However, because the language of the Berger decision is very broad, there is a significant risk that even the proposed ordinance could be invalidated in court. Alternative If Council wishes to further reduce the legal risks associated with striving to maintain a performance permit system in the wake of Ber er, additional options are available. For instance, Council could determine that permits will only be required during specified hours when large crowds are most likely in the three venues. Of course, crowd size relates to a number of factors and is difficult to predict. Thus, there is no time of day when the Council can be certain that the Pier, Promenade and Transit Mall will not be crowded. However, generally speaking, mornings are much less crowded than afternoons and evenings. Therefore, staff recommends careful consideration of this option because the unique safety concerns that arise when the Pier, Promenade and Transit Mall are crowded provide the clearest basis for distinguishing Berger. 10 Thus, a simple alternative for reducing legal risk would be to exclude morning hours from the permit requirement. Staff will have language available at the meeting in case the council wishes to add this limitation, which would certainly add significant insulation against a legal challenge based on Berger. However, because Berger's language is so very broad, the only way to fully eliminate legal risk is to abandon the permit system altogether. Financial Impacts & Budget Actions There are two potential costs associated with approval and adoption of the proposed ordinance. First, there could be some added expense in the issuance of next year's permits because the new law would go into effect after the first of the year. Second, if the City adopts the ordinance and the permitting system is challenged under Berger, there could be legal expenses. As usual, the defense would be handled in house, by the City Attorney's Office. But, if the City loses, it would likely be required to pay attorney's fees. Prepared by: Marsha Jones Moutrie, City Attorney Approved: Mar: City Attachments: ®r~linanc~ A. Diagrams and Aerial Photograph of Promenade B. Diagram and Aerial Photograph of Pier C. Diagrams of Transit Mall D. Maps of City and Downtown and Aerial Photograph of Downtown 11 Forwarded to Council: F:\MunicipalLaw\Share\LAWS\BARRY\streetperformer2009update City Council 12-08-09.doc City Council Meeting 12-08-09 Santa. Monica, California ORDINANCE NUMBER (CCS) (City Council Series) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA AMENDING SANTA MONICA MUNICIPAL CODE SECTION 6.112.030 RELATING TO STREET PERFORMANCE TO ELIMINATE THE REQUIREMENT THATA PERMIT BE OBTAINED BEFORE PERFORMING ON ANY CITY SIDEWALK THEREBY ONLY IMPOSING A PERMIT REQUIREMENT ON THE PIER, THE PROMENADE, AND THE TRANSIT MALL WHEREAS, the City consists of just eight square miles of coastal land which are home to 90,000 residents, the job site of 300,000 workers, and a destination for as many as 500,000 visitors on weekends and holidays; and WHEREAS, the City's unusual density necessitates special efforts to preserve the free and safe flow of both pedestrian and vehicular traffic, particularly in the City's bustling downtown business district, its most crowded sector; and WHEREAS, the City's most popular public spaces in the downtown business district are the Third Street Promenade, the Santa Monica Pier, and the Transit Mall and maintaining safe circulation in these spaces is an ongoing challenge; and WHEREAS, street performers enrich the ambiance of Santa Monica's unique and stimulating public spaces and their presence in the City's most popular spaces reflects Santa Monica's commitment to the arts and to the free exchange of ideas; and 1 WHEREAS, the Third Street Promenade, the Pier, and the Transit Mall are the major performance venues for street performers in the City; and WHEREAS, it is typical for there to be 26-30 performers on the Third Street Promenade and 26 performers on the Pier; and WHEREAS, most of the performers utilize a substantial amount of equipment which may include tables, chairs, keyboards, guitars, amps, microphones, and costumes; and WHEREAS, for many performers, their performances at this venues constitutes their livelihood, and consequently, these performers work at these locations daily, year in and year out; and WHEREAS, despite their value to the community, street performance on crowded public thoroughfares can jeopardize public safety and welfare by blocking traffic and by impairing emergency ingress and egress; and WHEREAS, the City of Santa Monica has worked since the late 1980's to create and refine street performance which recognize performers' value to the community, respect constitutional rights, protect the free flow of pedestrian traffic and the safety or residents, workers, and visitors in crowded public places; and WHEREAS, the difficulty of striking and maintaining the best possible balance between these often competing goals has been increased by changing conditions in the City, changing activities undertaken by performers working in public spaces and changes in judicial interpretation of First Amendment guarantees; and WHEREAS, the necessity and difficulty of establishing, maintaining and enforcing regulations governing street performance and vending in the City's public spaces is 2 exacerbated by certain of the City's defining characteristics, including its extreme density and appeal to visitors; and WHEREAS, the Promenade is athree-block-long portion of a public street which the City has closed to all but emergency vehicular traffic and improved with plants, statuary, fountains, and lighting to create an attractive, entertainment-oriented pedestrian mall in order to revitalize the downtown business district; and WHEREAS, except for its heavily traveled cross streets and certain narrow alleyways, the Promenade is enclosed on both sides by two and three story structures; and WHEREAS, concerns about maintaining the security of popular public spaces have continued to grow with heightened world conflict and attendant concerns about terrorism; and WHEREAS, the City's safety personnel are cognizant of the need to remain vigilant and so have increased efforts to protect ingress and egress from public spaces and monitor property placed in public spaces; and WHEREAS, emergency vehicle access to the Promenade is by way of a narrow single lane that runs down the center of the Promenade or by way of the narrow but heavily utilized alleys behind the buildings which line the Promenade; and WHEREAS, for purposes of preserving public safety in the event of an emergency, the City's Fire Marshal has evaluated the Promenade as an "outdoor enclosure" and has calculated the maximum occupancy load as approximately 5000 persons per block; and 3 WHEREAS, in recent years, the crowds attracted to the Promenade often exceed this load capacity; and WHEREAS, the crowds are unpredictable in size and often huge with counts undertaken by safety personnel documenting crowds as large as 10,000 per block or more on the Promenade; and WHEREAS, this number does not include the thousands of people inside the many theaters, restaurants, and retail establishments who would flood onto the Promenade ih an emergency; and WHEREAS, the Santa Monica Pier is frequented by the City's residents and is also among the primary destinations of the approximately 2,350,000 visitors which flock to the City annually; and WHEREAS, the Pier is a long, narrow space, only 35 feet wide at some points, with ingress and egress at only one end; and WHEREAS, at some points on the Pier, particularly in the central Pier, pedestrians and vehicles use the same roadway; and WHEREAS, the flow of pedestrian and vehicular traffic is often severely obstructed on the Pier due to this design; and WHEREAS, for purposes of preserving public safety in the event of an emergency, the City's Fire Marshal has evaluated the Pier as an "outdoor enclosure" and has calculated the maximum occupancy load as approximately 8000 persons; and 4 WHEREAS, the Transit Mall is located in the heart of downtown and is composed of the wide sidewalks on Santa Monica Boulevard and Broadway from the east side of Ocean Avenue to the west side of Fifth Street; and WHEREAS, the key component of this improvement is the creation of a downtown transit loop with transit priority lanes on the south side of Santa Monica Boulevard and on the north side of Broadway; and WHEREAS, as part of this improvement, the sidewalks have been widened to 19 feet on Santa Monica Boulevard and 12 to 19 feet on Broadway and new street furniture, lighting, and landscaping has been installed; and WHEREAS, the width of the sidewalks and the new installations have made the Transit Mall another popular site for street performance; and WHEREAS, the Transit Mall sidewalks are bounded on one side by building walls and on the other by very busy streets carrying an unusually high number of buses in addition to the typical vehicular traffic; and WHEREAS, the proximity of busy public streets to the Transit Mall has required monitors and safety personnel to closely observe crowds gathering around performers working on the Transit Mall sidewalk; and WHEREAS, audience members typically stand ten (10) to fifteen (15) feet from a performer or performance group and often form a dense ring around the performer measuring forty (40) to fifty (50) feet in diameter, adjacent buildings and street furniture notwithstanding; and WHEREAS, the combination of extremely dense crowds and popular performers can choke pedestrian flow and severely inhibit police circulation; and 5 WHEREAS, even with the separation between performances, the crowds often merge into each other and shift from viewing one act to another; and WHEREAS, when on the Promenade, pedestrians who are not watching the performance must force their way between the outer rings of spectators and building walls and when on the Pier, since performers work by both rails, pedestrians must shove their way through the middle; and WHEREAS, stationary crowds gathering around performers on the Transit Mall sidewalks may force pedestrians into the streets where they would be at risk from vehicular traffic; and WHEREAS, the precise time periods when the Promenade, the Transit Mall, and the Pier will be very crowded have become extremely difficult to predict because of the large number of special events occurring in the City and region, which often attract very large numbers of visitors to the Pier, the Promenade and the Transit Mall on days and evenings other than weekends and holidays; and WHEREAS, maintaining public safety in these spaces presents special challenges to the City's public safety personnel, particularly in times of emergency, because of the very large crowds, narrow roadways, limited ingress and egress, and fixed impediments to circulation; and WHEREAS, in recent years, the City has had to evacuate both the Pier and the Promenade and has had to move emergency vehicles on and off of the Pier and the Promenade and the City must assume that it will have to do so again; and 6 WHEREAS, due to the physical constraints of the Pier, the Promenade, and the Transit Mall, the crowds that gather at these venues, and the safety emergencies that have occurred there over the years, there is little margin for error; and WHEREAS, the City addresses these concerns by ensuring that performers are aware of the safety requirements relating to equipment, spacing, and the safety of their acts before the performers commence their performance through the requirement of obtaining a permit at which time the performers obtain a copy of the City's regulations; and WHEREAS, the City processes permit applications expeditiously with permits issued by the afternoon of the next business day when applications are filed the previous morning; and WHEREAS, the performance permits are issued annually for $37.00 to cover the City's processing costs; and WHEREAS, the City must issue a requested performance permit unless very specific objective findings for denial are made; and WHEREAS, the City issued approximately 854 performance permits in 2008; and WHEREAS, the City has issued approximately 1,240 performance permits this year as of November 30, 2009; and WHEREAS, on October 13, 2009, the City Council considered the issue whether the City's permit requirements for street performance should be modified or eliminated based on the decision in Berger v. Seattle, 563 F.3d 1029 (9"' Cir. 2009); and WHEREAS, the Council received the staff report, heard public testimony from many street performers and other members of the public and discussed the Berger 7 decision and the differences between Seattle's regulatory purposes and regulated public areas and the City's; and WHEREAS, the Council received petitions signed by almost 100 street performers and supporters expressing strong support for the current regulatory system including the permit requirement reflective of the active and ongoing role that performers have had in the formulation of these regulations; and WHEREAS, the physical realities of the Pier, Promenade, and Transit Mall are significantly different than the Seattle's Center which is an 80 acre expanse including numerous entertainment venues and twenty-three acres of outdoor space which had no record of crowds gathering around street performers; and WHEREAS, the purpose of the City's regulation is to preserve public safety in the City's most popular and crowded public spaces while the purpose of Seattle regulations was to reduce territorial disputes between performers, deter harassment and hostile behavior by performers, coordinate multiple parks uses, and to establish a mechanism for permit revocation; and WHEREAS, the City's performance permit requirements have always been limited, only applying to crowded or narrow public spaces with safety issues; and WHEREAS, consequently, the City does not presently require a permit to perform in any of the City parks and open spaces thereby providing ample opportunities for performers to perform in the City without needing a performance permit; and WHEREAS. Council directed staff to return with an ordinance which further narrowed the City's permit requirement, but retained it principally for the purpose of 8 protecting public safety in the City's most confined and crowded public spaces, the Pier, the Promenade, and the Transit Mall; and WHEREAS, the provisions of this ordinance will effectuate the City's declared policies of supporting and encouraging street performers consistent with constitutional requirements while ensuring that the public safety is maintained, NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SANTA MONICA DOES HEREBY ORDAIN AS FOLLOWS: SECTION 1. Santa Monica Municipal Code Section 6.112.030 is hereby amended to read as follows: 6.112.030 Rules and regulations. (a) Subject also to Sections 6.112.050 and 6.112.060, no performer may perform: (1) Within ten feet of any bus stop; (2) Within ten feet of any street corner or a marked pedestrian crosswalk; (3) Within ten feet of the outer edge of any entrance of any business, including, but not limited to, doors; vestibules; driveways; outdoor dining area entries; and emergency exits, during the hours that any business on the 9 premises is open to the public or to persons having or conducting lawful business within those premises. (b) No person may perform on the Third Street Promenade, the Pier, or the Transit Mall; ofp~ie s~'~wa;;t without first obtaining a performance permit issued by the City pursuant to Section 6.112.040. (c) A performer and the performer's equipment may not block or obstruct the free and safe movement of pedestrians. If a sufficient crowd gathers to observe a performer such that the passage of the public through a public area is blocked or obstructed, a police officer or fire official may disperse that portion of the crowd that is blocking or obstructing the passage of the public. If a performer cannot conduct a performance in a location without blocking or obstructing the passage of the public, a police officer or fire official may cause the performer to leave the location or require that the performer relocate his/her equipment, but shall not prevent the performer from occupying another location in compliance with this Chapter. (d) A performer who performs for a charge shall obtain a business license and be subject to all applicable provisions of Chapter 6.36. A performer who performs 10 without charge shall not be required to obtain a vendor permit pursuant to Chapter 6.36 or a business license pursuant to Chapter 6.04. (e) No performer shall construct, erect, or maintain any stage, platform, or similar structure for use during any performance unless the stage or platform: (1) Is integral to the performance and the performance only takes place on the stage; (2) Does not exceed four feet by four feet and one-quarter inch in height; (3) Is removed from the public way when the performer is not performing; (4) Has beveled edges. (f) No performer shall use any knife, sword, torch, flame, axe, saw, or other object that can cause serious bodily injury to any person, or engage in any activity, including but not limited to, acrobatics, tumbling, or cycling, that can cause serious bodily injury to any person. (g) No performer shall use any generator, wet cell battery with removable fill caps, or any other power source 11 that poses a fire or public safety hazard. No performer shall connect or maintain an electrical cord to an adjacent building or to a City power source. (h) No performer may litter his or her performance site. (i) No performer shall utilize or prevent the public from utilizing any public benches, waste receptacles, or other street furniture during the performance. Q) No minor under the age of sixteen can perform unless the minor is at all times accompanied by a responsible adult eighteen years of age or older, has obtained an entertainment work permit issued by the Department of Industrial Relations of the State of California and maintains the permit in his/her possession at the time of the performance. (k) No performer shall place any object on a public sidewalk which causes less than afour-foot contiguous sidewalk width being kept clear for pedestrian passage. (I) No performer shall perform with more instruments, props, equipment, merchandise, or other items 12 than the performer can reasonably transport or remove at one time. (m) No performer shall place his/her instruments, props, equipment, merchandise, or other items on a public sidewalk, public street, or public right-of-way for more than two hours without performing in accordance with the provisions of this Chapter. (n) No performer shall leave his/her instruments, props, equipment, merchandise, or other items unattended. (o) No performer shall perform in contravention of the allowable noise levels established by Chapter 4.12 and Chapter 6.116 of this Code. (p) No performer shall block or obstruct a curb cut. (q) The following formula establishes the special performance hours that apply during specified holidays on the Third Street Promenade, the Transit Mall, and the Pier: (1) If the holiday follows a weekend and the next day is a workday, then the holiday shall be treated as if it were Sunday and the day preceding the holiday shall be treated as if it were Saturday. 13 (2) If the holiday precedes a weekend, then the holiday shall be treated as if it were Saturday and the preceding day shall be treated as if it were Friday. (3) If the holiday occurs during midweek, and is surrounded by workdays, then the holiday shall be treated as if it were Sunday and the day preceding the holiday shall be treated as if it were Friday. The following is a list of holidays which trigger the application of this subsection: New Year's Day, President's Day, Memorial Day, Independence Day, Columbus Day, Labor Day, Veterans Day, Thanksgiving Day, and Christmas Day. The City Council may by resolution add to this list of holidays. (r) No performer shall perform outside designated performance zones on the Third Street Promenade and the Pier, as established by resolution of the City Council. SECTION 2. Any provision of the Santa Monica Municipal Code or appendices thereto inconsistent with the provisions of this Ordinance, to the extent of such 14 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: -, ~~~~"~ "~ ~S `~~-~ MAR A J N S MOOT IE City Attorne 15 ATTACHMENT A Arizona ° o P r © a ~ >.~ E~ ~zl h O ~ O 9 ~' m n~.o, O ~lwrt.-. ~~ N ml et _ ~~ Kt O ° .: t ~, ~ ,m-~..bo ~ LKI ER! ~~ SKI 01 -- T21 j ~ _a Etxt B>xE ~ IKt N 6 O fn t..r ~ ~ to N ~ txzl m .,.o„ ae..k o z m m 4 -„ m~v.~a .~e.s a LL m N eaE wzl ~ w ~ cx+n o ~ y ` ~ a ID ~ ~ - - - - ¢xI ^ to 1 tL 1 l~ II n II 11 E - ~.~~ axI .~ 9EZ1 t _ • ~ ~ ~ a a IELI m t n~ azl m m R29 ~ E ar ~ m m w W ....~ ~ _ a 1= rn o. ~ II 1l 'II II 9xb1 BSLI ~ O m g /was®6 ztLl Pa Q n azl s= A m ru m V V L 9 lLl L V f L C 0 s ~f 0 Y Etzl 91x1 ` 6 LL p O fl 11 II II Q M r a u C N g g mxl T ° ° ~ o m ~ ~ m C 0 p1 C t O ~' [N y ~ ~ ` w N m LL O a ~ ~' O d c m U O ~ Y' m 0 ~ ~' °~ ° ° ' l 3 ~ a a o a 0 N E n n u n m o c a ~ H Ina LWI ~ ~ _ s d y m aaiys iiM ATTACHMIIIIT A LOIUO~Aj L']U~S` ,~ O O Q T _~ i C ~~iS 03E4 . /~ iw.~~.n ne Y/ .,... assl O ..o N .sel _ie. ~ 6rtw~ ax B1E1 m uun ~ REt d J w~nn N 0 O C ql Atl N N N w .,.~. c E«I """qEl e < g O ® m ~ N LL m ~ ~ ~ N o m C zsn $ y LL n n n u - swi •n -+o ~ ~ m ~•~ ~ Isel `m ~ <zsi m m ~ m N a != m a ~ n n n e p ¢clm zxsl C~ D m w 3 rreEl E s °"' ~ ~` m o c,s, u ° v m ~ ~' m p alc~ ~ r a ¢ ~ sm n n n u aN ~ r3 zul m 2 £ ~ m O a` m ~ a y ~ m rn m ~ v ~ ~ ~ E m ~ B m ~ a a O a ~ o E V~ ~ o a Q s OIEI II I 11 II d o _ m ~l.{OZ~.I~J ~ tq ATTACHLfEN'C A Broadway o ~ ~ ~ o L94 Q a ~OSYI 0 0 °~"m, 9 a ~,~. .~ ~.I Ibl 9 M1 0 ~ ~ 6Y1 ® 3 4 6 O OO ml ~ ~ ~ 3Y o 6 (q m IHI O t U O F ....o. .., m 0 m N m a E m ~ ~ ~ m ~ ~ ~ m i ~„ l n n n u O S6I1 • C ~ Y • ^ .. .t ILV4 6Yt 0 ~ m ~ eza o ~ ~: E s° m m y ^^ `° T a 1= Tn a N GOV u n u n an ~~ nM~rxr we pp [] m ff uel ~ n xzn c ~ E ~ .~ ~~ GU4 ~ c ~ L O j~ V O L C L 6 SIYI stsl ,[ F m iC U d IL j O ~Wtl II II 11 II m .. - « ~ el. . 4 ... LL ~ nu~ B & mn T ~ ~ w zltl ~ w m m ~ a c „..,., ~ ~ weL w m "'."""' ~rl 5 ~ ' w ~ saes ~ t m r ~ ~~ ~ ~ .o.l v m o Z rn a ~ G O m LWt w w d ~ _ ~ ~ e O a 3 o n o 'O 40YI zwl !- ~ s d fA H p.~~U QW pi~Up.S 0 0 r O ~ 0 U h~ry m _ s e ~~ v z I~ N 3` ~ _ ~- -~ Q ~ ~ _ '~, N ~ N a N 'p ~ O A' rc i 3 . :: N - N `G 3 C m ~ ~ 'c ~ m v ~¢ . ' y n ~ 9 '. ~ `< C ~ 10 a ~~ezae i y ~ m ~ ~ ~ m z z c N a~w m~~ (n . m n _> ~ 3 ~ N O z n ATTAC~'r B X.X~o.~X~v.pp gNk tl a '3AV Ntl3~0 i ~ i ~ ~ ~ ~ w Q w ~ K b 0 o Z ~ O 3~3 ~ U H~ (n F Ems.. Y tl 6wwU' ~ L11 ~ ~ W p M Q~QZ ~ 2' ~ E ~ yR~~ Q O OzYw U '^ dy$ z z rc J UwUw ~ ~ m Q ~ ~ b d ~ < a p z W + r I~ ..:~.. a UQ7 °'' ~ c~ ~ ~~ ~~~ ~ -- -~ z ~a gJ w ao. ~ w w a a ___ - w a a ~O ~ ¢ v ~ ~/ U W Q 6 Z K ~ < O ~ ¢ ~ a r ~~ ~ ~ ~ ~ ~ a ~' 3 nrrrxssrmn Q a tt w ~xouns^s w ~ w ,., n ~noa z z w ixarn w w a (~ (> U m 1531 MO'U9 3MlI IgIVX w- lW, ~~ 131W16 1HlJVn ~~ ~~ ~ ~~ ~~ ~ a ~~ ~ - , I ~ _ .~ Q~ a ~, ,e ~~ d ~' .1 o N ~ 11C~Y 31081 Ytll 191rn ATTACHMEDIT B ATTACHT~lENT C a ~ ~ ~ a e ~- 5 - a y ~s =eat e r- m a e==s a my ~s€a s= a - dg ~~= g xis 4 ~ 'soh 2 eH $ ~ a~ e ~ ~ se °e ~~ ~L- ~i + ~ 1~ n ' I w.a i na 'd' i sp I N i I ~~ ° I I I „m ,R,,R If° i ~~ .~ I I - 1 ~~,.a ~° uu ~ 1 ~e~ e + I ~ + it I ' 1 e"d T _ a i e :b j s r ,m CI-l 133HS 33S - 3NIlH31tlW = e ° 133HS DS - 3N13g1tlW +~@ ~ ~ ~ °~' ~+ ~~ ~~_W~~~~~ e e e i i i ~ 5 p A: :~ 3 F ~7: x ~~ 5 z R o ~s ~ __ o > ga mdr~ 3 oou ~ -z p ~~~ -~~ ~e °' z w ~i, F ATfACffi~NT C m ~~ F 0 ~ i 8 ~ _ ~ e ~ ~ c (j ~ e ~ ~~ ~ _ 11 ~ \r ~V $ ~v o~e~ .. o 0 a ~ @ e ~~'a ~s '~ ~ I ° e ~.~ e f ~ mn.x mn.a •&.l ~~ q„ \ a + ~ ~ ~ ~ ~ ~ ~ r• ~„~ =._ ~ I ~ a f ~~ ~ ~ ~ ~ ~ ~ s _ - ~ P Y_ ~Q 5 a irt.a fdl iii I I Qa ? I I ~ ~~~~ I I am I~r° a (? TF' -4- I I 111 + ~ I a I "a s „Yn~ - ¢ I ~,.n ~ l ~°° e_ v ~V u I ..d -~ I I $ °~ ~ v® _ ~ L _ s (pl j A s " ~-, ~~} e I L 1 ~ 5 171HS 73S - 3NI~H~IUW ° ' ~ ° 133HS 33S - 7 IlH~IeH o ~~~ _ ~ ~ j maces ~a -z ffi w,.a a ~ 5- =w ~~ p w ~~,-zy ~ M1n~.d - - ATTACffiYENT C ~- __ 5 ' xrt.ee t_ g 6 J ~ 5 f r«n~ _._# ""' + ~ _-_ - ~ - a k 0 0 81-1 0 AI-l s I13HS 33S - 3NIlH71YN o H3HS 33S - 3NIlH71tlW a e ze ~ a ~ ' Q a a _ ~ a g e m:.~ v ` ~ E i ~ - @ ex . m b~ ° ~ 1 N ~ + 4e ~ i ° /. ~ x f I ~ k ~ 3 '_ .<~.. a 3§o a 1 -1Rf.R- ~ g ~ i 5 1 6 s =ipff ° ~ m,.a 9 € 5 i p i _ `~ 44 ~ .~~..~~ Y4 a ac F p _ ... .... ~.. x ® \ 599 f f f ^ J ~ 3 p F ~~ 3 ~ Vga ~~ m~ ae ^ Ec= u ~ a 'LyY _ a E { ~ E P Iky a$ 2 YG i s I~11 vi[ti Zi o c t I ~Yw e ; _ -_ Ism ~ ~ ~ ¢ „m ~~ I I am.,~ _ + y ~ ~ i ~ wa ~ ~mn ~` I I m `s e e e _e ? _ I~ m} ~~ .m ~ E __J ~ S g $ H ~~ ~ 9,(I $ S - E'I-l o o o E'I-l 177HS 77S - ]NIlN71tlW 133HS 33S - 3NIlH9tlN e a~ I]1815 nlJlJ IltlIS xIJIJ A am5 c O ~n ~ S ~a ~~ g msO ~ z°ot~ ~ ~ a - Z v ~ J- o I I L L L i z w rt ~~ ~{ ~ ATTACffi~1T C "" E `¢~ 3s ig s ~.o „_ ~ a z z ~~ o =°~ e a ae ~ _ a ~ -_ °es ~ ~ e ~~ w= ~ nuis xi4d JI- sus ulna g ~ ~ ~ ~}~ ~~ _~ ~ I _ ' ~ ~ v~ ~~_= e~ a ~o a s a ~ arz _ 1 1 .oi-s ~. I~ ~ tt~ s ~ 11 s~ ^ i o i ~p„ dv R y+ e m a<t e 9P ze ^. et [[LS e e L y ~. % Ines - ~ I ~ ~ v ans ~\ Imo/ e e ~ ~ ~ s ~~ E 3 n € r e e e s ianm wmoa ° imm oimo; E I ; '~ dJ i -- ~ s~ Ig ° x.n e. a '. ~ t: - € 1 .t _ ~ ~' _e~e ~ae I ~~.n - ~ . ~ ~ ~I~ u~~ - ---- ~ ,I ~~ __ ~ _ maa xtanw ~>ats wmw ~ ~ _a ° J~ ~ ~ ~ >? ~ ~ ~ o ~5 ~_ .® e va ~~ ~ g ~ ~c ~ v m o v ~~ s _ _~ ~ _ / _ '~ o=z ~ / § _V~ ~a ~w a / o£u z w S'I-a o ~ ~ SI-l IDHS 77S - 7NIl4l]ltlW ~ IDHS 33S - 3NIlN71tlW ATTACffi~7T C -i i 9'I-1 133HS 33S - ]NIIHJIVW ° ° isa3 ianm rnu ~a SO 6m TW1IdtlE ~~ 01815 481X1 is~n ianm rnH ~- 8 ~ ~ a ~F d a e~e~ 'e °~° ¢ e_ ~0~:. „~ g ~Ze e _ ~~5°s S'n =My - b .Y tl' ~atl~ @ ~g~# ~~ :_~ °_ °~~'c yy tl c~ `H ~~Y°y a 6' ~ c'Es9~ ;~ o j y~.~. s® ® ~' - 133HS 33S - 3NIlNLYW ° ° 9'I-l 33s - ~NnruroW i-~ 1 C 9 Ip t i 5 p g ep 1 1 a [ 3 Ss ~l~S s ~~ m \ __ 1 ~. J~ ~~ v 5 _ Z s va _ (~ ~- w ~ out ~ m~r~ $ ~ 6 `~ ~ Z e_y ~ w~ ~ W_ ~° l _ Z_ 1 l~ 6'I-l z ° 13iMt 135 - 3NIlHLtlW w _- - - _ _ ,~ _ aTTnc,~T ~ --- - -. L : q g -- j ~° ® ~~ 9g l L]7NS 33S - ]NIlH71tlW ~ H3NS 3]S~ - ITII~W1tlA ~f„ ?~ ~ ~ a~y~ - - ~ \o ' i»ais uimn 4 i»ais aw~,~ k 1 F' ~ ~ Yf ~ ~~ , ~ 1 9 ~ ~ ~ ~ ~ ~~~ 6_ _ 0 3 iB w % ~° -- € . g ~ 8 &~ ~ ~ ~~ k ~ 4€ ~ „~~,~x ~ ,~~~_,~ r= i :; i ~' i,~ w ~ ~iileF c - c a ~ E ~ e a a~a ~o~ ~ e of W pppp§§yy _s 's ~ ~~ 9 rr ~ m _ FP e 3 a g ~ ~^ 8~ z I ~ `~ e { i (~ ~ s~ qI e.v ~' TNlntl uv3]0 am a I l0xlnv xv3b „ -+ - ~ m G 2 = o €a ~ a ~ ~ aS ~' .0 Wj 3~ ~ a gGe ao e .m m~F~ $ 3 ' e~a hs c S ,., ~ =n s w ~° V m e~=~ ~a a ~E (? ~ ~ ~ ~ Z -~c ~ ~xi tt =' W _ n~ ~- ^ L~ ..~ ~3z 6 v- "' w 2 g'Vo-- ~~' gua'N 6 ~ a ~ ~ °C a ~..~~.. `=a~ 4~ //////~~^ I/~~'////~~~lll ATTACHI~N7T C - ~n f 5 e Y s ~ 9 1 o d E o (~ f'I - l 133HS 33S - 3 NIlH~ItlW o !33HS 33S - ]NIlHJ1tlH Q - i _ ISb3 INCI ll'M ~ litl)IY4l ll'M " ~ \ s 6 y f,~,~~ 1 ~ aQ - _ a J ~ ~-..`.. m N Q y ~ f e ® N m s~ S v _~ ~ y r g ~- ~ ~ g ~ yi Y ~~e Y~ C T ~ - ~ 5 i P ~tlN~ C E R S S 4 f ^~s oaml ~~IS o~Wl e g ~s ~ e ~ ~ ( ~ ~ s g ~ m _ s t'i € . s-r ame ` ~ ` fi~il @ - s = ~~ ° _ ~ .Y ~Y ~ ' Q _ e ~8°= y G =3 a ~a ~ m ~ e £ 3 a - ~ d ~~ ~ ~. ® N~ ~ v ~ry~y a - E y S ' a ~ ® ~ ~' } srrtn 3 '3 ISA It11N lTM ISIf`ItlfO] 1NN j ~ ~ a q n a~~ff J a _ ~, v e aye ~ _ a' , s ti e_ a e ~ e= a ~ j _ o £a ` e m ~ m ` L - w a a ~ o ~ ~,~ ' e e ='c 'a xa~s --- _ ff J ~ S .m m mao a ~ x >~k~ r s ~s _' ' =ou ~ ~ s I Mg '~ y ~ g ~ ~ III ~ a £~ ® ® = ~ z - t _ z w 133HS 33S - 3NIlWLtlW ~ - o llTIS llS - 3NIlN71tlN ___ ATTACHMENT C __- 1 e - ~ FMS; ~ j; ~ j _ ao _ - ~ i ~ } S~ S P E i 4 CI-l ~ ^]HS 33S - 3NI~H71tlW ° H7NS 71S - 7NIlNJItlW macs mxu e ~ ~~ ixaus nuu - ~> <~a : - _ J o ° afl.„ 6 P ~ ti ~ a o f J L_ a ~ ~e ' s ~ e I _ _ y i ,~$a V- _ - _ i L e a ~ _ y €s= xa ~ e i 1 L- 2~ ~' e ~i 'yv ~ I y ~ ` ~ ~ a E a, a~3 ~'a ~e ~ e ~ s ~. ~ d i ~_v ~~ o E°7 ~ / ° ' ~~ I $ ~ _ 9 a [ I ism ximm i I I I I~ # e 1` a I 1 Isom xiznm _- f x i Ili m N $ 3 p 1 L I ~ g ~ „ S € 8 !€ s m ,,, _ _ z e ~ ' ~ v . ~ ~ ~ y ~ e ~3 ~ Pg ~ ~ e ~~ 8 N3 f _ 12 ; ~ ~ D _ _ ~~ V/ e nays xiem uses warm g ~,~; _ £z; ,~, ~w. ~ ~ ~ i ~s A T ~~y x m _ ~°Y ~ ~B° Z s ~ &+ _ _~ ^ ~ ~ _ .. _ ~ee o N g ~ 6 _ _ ~g_ _ - _w~ ' 4g ~ f _ ~ e _ e e ~ °=lJ rZ ~ ~ > z 3 (y ~<W ~~ ~s 7 1 u. L W ai~i o - o zs-~ W ( mws ns ~ ~wnw~sew i3~ ~3s ~ 3xlw~iew ATTACffif~NT C 1??HS DS - ~tIlH71tlW ° ° e m z _ gee ae ~ e p~a ~e a 3 ~g~ g= ~ - ~~ ; ~ e ~t; =~ `4- aY~ ~9 ~Yi ~' °°a i° tl ~ ~a0g =6 ~= a3~~ a~ ~~ ~ 4 ~..- ~ `~.~ G v `<~ ~ ~ imais anwa ~+=.i Vf € e 3 ~1 t Si ~[ Is~€ ~iy ~ YNJnV 1b1iA G~ 1??NS 37S - 7NIlHIltlW macs osm~s T~~ II ,g ,, \ a `s - - ~ ~® ~ - i lIN]AV M»]U ~ Z O - .m ® u -v _ w~ m`a~ S z°`~u ~ $ Z vU ~ b~ 'aa ~ o~W -F n^ =Z vp ~' ~ W B Z ~O~ ~ u hCT 1 ay ~ CT o '1~ ' l dG~ ,5,CT y!'T yCT 9Ty ~S} c l ~O ~ `P ~h C O Co T 'O~r ~,CT iSj ~' ~ .eP~ CT T ~o 6Ty sT ~ !iy 9T ST ay "O!y ysT ~ 4pe 'a ~ y b ~e~' Tyc T y ~T °Oiy! eT ° e T U~ e T ~~ ~ ~i 9l ~Ty ,~ ~ cT y ~, ~i0 icT~ PPJ ~s oT STHS ~,p Gy s ~l .o 'Zi °TT T ga y "~'{ PS ? OP0 v O~~... TS Th ~H yOJ Cl J,T J4'. ~y ~ CT P ~~ CT Pyg ~ .. P QPO~ ~y O Coq eF9 cy9 ,S T!'T ST 1sq! . !CT f-$ JTry ~T CT p (P... yF9~y O T 1j Fqy~ '~! rT h sTh[, , ! T P yC ~ q! ~ ! .~ C~. 03, l CT ~ 0 c~ !y P bFy'T 1~'`'J o 9~' ! STH .~ OT C , hO~i T~ST 'STC OT y T 'L/.~ ! Py q3> OT yTh ~~ ! CT O_ ~FST 9p Y' T ~ OO ~~ ~sT O 4p44' PQ OO~OPP ~\4P 4v0 OCFq T p~ hq ~t~~~4 PH`" bTy Op~~p yrtP G0~,O ~N . ~p~ CT qT L~ qh, ~~ O~ O ~ O ~qH s} OT ~ P~y3t Q\ l ~ OOJ ?.PT 'h~T Tq W O~\+P SP~4P FJ~~'H Op gLEY ~~ Zy d sT 4J~ oq~ ~ Frch F q~ !qy goyT §P°` ~ O `` . ~ yo /~cg : om? ~ O\ ~ ~QPO~~G ifT 9T OT h~'T Q ~~' 2oq -t~ !" e~ap a eQO ~ `~P 9 ~~ ~ op ~ 3 ` ~~ 1f ~ S~ ap P~sr ~ ~ ~ q2 J Scale 1:8228 ® Downtown 3 City of Santa Monica GIS Printed: Nov 17, 2009 10:20:16 AM H d e ~,r a~~o s, ~~~~ ~~~ , gK C 1' I ]HiH Fi PE! 61 i `-~ /l ' 1 ~II / 21 I ~ , I 2Siry ' 1 ' 1 11 Z:fYO 2AiH { 2 ~ ( 14VCF~IF111 6LV~ i '~azm ~ ~ aFO_ ~sc . y 1 ~~ M 3]Ap ~ S R . 1 -} I y I zorti ~~oiH sr ~GJ ,~i ,an zisr ~ .. a:ni ~ ~ si i i _ ~ 9' a ~ ~ - 101 1i xi i P i a PTH 3~ .i~. ~. ~.Pi ¢i ~ ii ~ 5r _. Y r iva. 7~ ~• ~Y~ ~ lM1f4 iRH ro ~uu. ti~ ~x}~ ~ x I V n 7 I n u..r . 41 n i.~ Si ~ t F: } Y e.urv x lIW V ..LUG LI J6~lL~ n yvn ]i 9i a 'J' f IH ~i ra i'. i_ _ ~ ~ n biH I i. i!1 s ~ 6t a [ P L ~ Lti C _5f nll ci '. I '~ ) ~~ o ~ ~ ` ~ ~ ~ ~ , lw ~ ~ O .l fPR~N ~ {e ~ x G~ . Pfj ~ I L t i ~ jl '~ m rFM O aiio : a 3. M , ~ 4[ ~ Ofc hJ ~ ~ 9't ~I qVF ; ~. e ~ OGF ~N - ~ ~ ~ 'I ~ In o °' ~~ ~ wIC ~q J ~ i - V~ I~.I V