O26471
City Council Meeting: September 8, 2020 Santa Monica, California
ORDINANCE NUMBER 2647 (CCS)
(City Council Series)
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
SANTA MONICA AMENDING CHAPTER 4.55 OF THE SANTA MONICA MUNICIPAL
CODE RELATED TO PARK AND BEACH REGULATIONS
WHEREAS, in 2005 the City Council adopted the Civic Center Specific Plan to
incorporate an athletic field in the Civic Center Campus; and
WHEREAS, in 2017 the City Council prioritized the design and construction of
the Civic Center Multipurpose Sports Field, a 3.5-acre park located at 1840 Fourth
Street, that will accommodate children and adults, including Santa Monica High School
students, to address the need for additional field space within the City; and
WHEREAS, said field, the Santa Monica Civic Auditorium, and surroundings
occupy the site of the Belmar neighborhood, which was formerly situated in what is now
the Civic Center Campus; and
WHEREAS, the City’s exercise of its eminent domain power in the 1950s to
construct the Civic Auditorium and parking lot displaced African American residents of
the Belmar neighborhood; and
WHEREAS, in March 2019 the California Coastal Commission issued a Coastal
Development Permit for the Civic Center Multipurpose Sports Field with a special
condition that the City consult with historical experts, undertake a community and public
engagement process and submit an informational, educational, and interpretive exhibit
plan and program regarding the historical and cultural significance of the Belmar
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neighborhood for approval by the Executive Director of the Coastal Commission prior to
completion of the field; and
WHEREAS, the City launched the Belmar History + Art project, a collaborative
public art and public history project to commemorate the history of the African American
residents and business owners of the Belmar neighborhood; and
WHEREAS, the Belmar History + Art project commenced in October 2019 when
the Arts Commission approved social practice artist April Banks to work with historian
Dr. Alison Rose Jefferson on the project; and
WHEREAS, over several months, the Cultural Affairs Division, Banks and
Jefferson led a public engagement process that aimed to shine light on
underrepresented stories of the community, including the legacy of displacement that
the former Belmar neighborhood represents; and
WHEREAS, through the public engagement process, community participants
suggested several names for the Civic Center Multipurpose Sports Field; and
WHEREAS, at its June 18, 2020 meeting and consistent with the City’s policy for
naming City-owned land, the Recreation and Parks Commission considered public
comment and the names presented for the Civic Center Multipurpose Sports Field by
community members; and
WHEREAS, the Recreation and Parks Commission recommended that the City
Council select “Belmar Park” as the official name for the Civic Center Multipurpose
Sports Field; and
WHEREAS, the City Council agrees with the Recreation and Parks
Commission’s recommendation but believes that the word “Historic” should be added to
make the name of the park “Historic Belmar Park”; and
WHEREAS, the City seeks to add Historic Belmar Park and its art and
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interpretative elements commemorating the historical and cultural significance of the
Belmar neighborhood to the City’s park system; and
WHEREAS, due to a restructuring of the City’s departments on or about June 23,
2020 the Housing Division joined the Department of Community and Cultural Services
Department and the expanded department was renamed the “Department of
Community Services”; and
WHEREAS, the City seeks to update Chapter 4.55 of the Santa Monica
Municipal Code to reflect the new name of the former Department of Community and
Cultural Services.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SANTA MONICA
DOES HEREBY ORDAIN AS FOLLOWS:
SECTION 1. Section 4.55.020 of the Santa Monica Municipal Code is hereby
amended to read as follows:
4.55.020 Park and beach—Definitions.
As used in this Chapter, the following words and phrases shall have the following
meanings:
“Aquatic facilities” shall mean and refer to facilities that are owned or operated
by the City and that are open to the public for aquatic activities, including, but not limited
to, the Santa Monica Swim Center located at 2225 16th Street and Annenberg
Community Beach House located at 415 Pacific Coast Hwy, Santa Monica.
“Beach facility” shall mean any building, structure, recreational facility, parking
facility, synthetic turf, furniture, fence, monument, equipment, apparatus, walkway, wall,
curb, rail, fountain, statue or other City property located on the beach.
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“City park parking lot” shall mean the parking lots within the following
designated City parks:
(a) Clover Park, located at 2600 Ocean Park Blvd, Santa Monica;
(b) Gandara Park, located at 1819 Stewart Street, Santa Monica;
(c) Marine Park, located at 1406 Marine Street, Santa Monica;
(d) Virginia Avenue Park, located at 2200 Virginia Ave, Santa Monica;
(e) Memorial Park, located at 1401 Olympic Blvd, Santa Monica;
(f) Airport Park, located at 3201 Airport Ave, Santa Monica; and
(g) Any other parking lot established as a City park parking lot by the City
Council.
“Compensation” shall mean payment for work or services performed, by
salary, wages, commission, or otherwise, including the giving of goods as remuneration.
“Department” shall mean the Department of Community Services.
“Director” shall mean the Director of the Department of Community Services.
“Interim Airport Open Space” shall mean and refer to an approximately six-
acre parcel located southeast of the Santa Monica Airport Administration Building and at
the Santa Monica Airport.
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“Litter” means any abandoned, discarded substance including, but not limited
to: garbage, refuse, rubbish, abandoned and inoperable household appliances,
discarded packaging or containers, discarded building, plumbing or construction
material, unless pursuant to construction operations, lighted or nonlighted cigarettes,
cigars, matches or any flaming or smoldering material, and all other waste matter which,
if thrown or deposited as prohibited herein, may be detrimental to public health, safety
and welfare.
“Park” shall mean and include the following parks in the City: Airport Park,
Ashland (Sunset/Ashland Park) Park, Beach Green, Beach Park #1, Beach Park #4,
Barnard Way Linear Park, Chess Park, Clover Park, Crescent Bay Park, Douglas Park,
Euclid Park, Gandara Park, Goose Egg Park, Historic Belmar Park, Hotchkiss (Mary
Hotchkiss) Park, Ishihara Park, Joslyn Park, Christine Emerson Reed Park, Ken Genser
Square, Marine Park, Memorial Park, Ocean Park Green Space, Ocean View Park,
Ozone Park, Pacific Street Park, Palisades Park, Park Drive Park, Schader Park, South
Beach Park, Tongva Park, Virginia Avenue Park, and any City-owned landscaped open
space in the Civic Center area, and any other area established as a park by the City
Council.
“Park facility” shall mean any building, structure, parking facility, recreational
facility, synthetic turf, furniture, fence, monument, equipment, apparatus, walkway, wall,
curb, rail, fountain, statue or other City property located in a City park.
“Park foliage” shall mean any tree, hedge, bush, shrub, plant, flower, grass, or
foliage or turf in any park.
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SECTION 2. Section 4.55.120 of the Santa Monica Municipal Code is hereby
amended to read as follows:
4.55.120 Park—Closure.
(a) No person shall enter, remain or be present in a City of Santa
Monica park when that park is closed.
(b) Except as otherwise provided in this Section, all City parks are
closed between the hours of eleven p.m. and six a.m.
(c) Palisades Park is closed between the hours of twelve midnight and
five a.m.
(d) Chess Park is closed between sunset and sunrise.
(e) This Section shall not apply to:
(1) Any public sidewalk immediately adjacent to any public street or
highway, or to any street or highway which traverses any park, including the Santa
Monica Municipal Pier access road or walkway and any portion of California Avenue; or
(2) Any person present within a park pursuant to authorization from the
City; or
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(3) Historic Belmar Park, Ken Genser Square or any other City- owned
landscaped open space in the Civic Center area, as closure hours for these public
spaces are governed by laws regulating Civic Center Grounds; or
(4) Any person present in a City Park Parking Lot who is: (i) parking or
unparking a registered electric vehicle at a City-designated electric vehicle charging
station; (ii) plugging or unplugging a registered electric vehicle into a City-designated
electric vehicle charging station; (iii) departing from, after parking, or returning to, for
unparking, a registered electric vehicle at a City-designated electric vehicle charging
station; or (iv) accompanying a person engaged in any activity described in (i), (ii), or (iii)
of this paragraph.
SECTION 3. Section 4.55.130 of the Santa Monica Municipal Code is hereby
amended to read as follows:
4.55.130 Park—Equipment.
(a) No person shall place any equipment or object used for fitness or athletic
activity weighing more than twenty-five pounds within any City park without prior
authorization by the Director. This prohibition shall not be applicable at Airport Park,
Clover Park, Historic Belmar Park, and Reed Park.
(b) The Director shall authorize the use of the requested equipment, with
conditions, if he or she determines that the proposed use of such equipment:
(1) Is consistent with this Chapter;
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(2) Will not damage public property;
(3) Will not interfere with the public’s use and enjoyment of the park; and
(4) Will not interfere with the normal operations of the park.
SECTION 4. Section 4.55.400 of the Santa Monica Municipal Code is hereby
amended to read as follows:
4.55.400 Authority of Department of Community Services to regulate parks,
beaches, park facilities, beach facilities, aquatic facilities, and other sites.
(a) The Director may promulgate rules and regulations implementing the
provisions of this Chapter to regulate parks, beach, Interim Airport Open Space, and
aquatic facilities. No person shall violate any such rules and regulations.
(b) The Director may authorize exceptions to this Chapter or to any
implementing regulations for the purpose of coping with an emergency as defined in
Section 2.16.020.
(c) Rules and regulations for the use of aquatic facilities shall be posted on the
premises in a conspicuous location.
(d) Any person who has violated any rule or regulation for the use of aquatic
facilities may be required by an authorized representative of the City to leave the facility
immediately and may be subject to the suspension of his or her visitation privileges for a
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period not to exceed one year. No person shall fail to comply with such a lawful directive
from the City.
(e) Any person subject to suspension of his or her visitation privileges, as
authorized by subsection (d) above, may appeal the suspension to a Hearing Officer
pursuant to procedures set forth in Section 4.55.430. Unless otherwise ordered by the
Hearing Officer or by a Court of competent jurisdiction, a suspension under subsection
(d) remains in effect during the pendency of any administrative or judicial appeal.
SECTION 5. Any provision of the Santa Monica Municipal Code or appendices
thereto inconsistent with the provisions of this Ordinance, to the extent of such
inconsistencies and no further, is hereby repealed or modified to that extent necessary
to effect the provisions of this Ordinance.
SECTION 6. If any section, subsection, sentence, clause, or phrase of this
Ordinance is for any reason held to be invalid or unconstitutional by a decision of any
court of competent jurisdiction, such decision shall not affect the validity of the
remaining portions of this Ordinance. The City Council hereby declares that it would
have passed this Ordinance and each and every section, subsection, sentence, clause,
or phrase not declared invalid or unconstitutional without regard to whether any portion
of the ordinance would be subsequently declared invalid or unconstitutional.
SECTION 7. The Mayor shall sign and the City Clerk shall attest to the passage
of this Ordinance. The City Clerk shall cause the same to be published once in the
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official newspaper within 15 days after its adoption. This Ordinance shall become
effective 30 days from its adoption.
APPROVED AS TO FORM:
George S. Cardona
Interim City Attorney
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Approved and adopted this 8th day of September, 2020.
_____________________________
Kevin McKeown, Mayor
State of California )
County of Los Angeles ) ss.
City of Santa Monica )
I, Denise Anderson-Warren, City Clerk of the City of Santa Monica, do
hereby certify that the foregoing Ordinance No. 2647 (CCS) had its
introduction on August 25, 2020 and was adopted at the Santa Monica City
Council meeting held on September 8, 2020, by the following vote:
AYES: Councilmembers Davis, Himmelrich, Jara, McCowan, Winterer
Mayor Pro Tem O’Day, Mayor McKeown
NOES: None
ABSENT: None
ATTEST:
_____________________________________ _________________
Denise Anderson-Warren, City Clerk Date
A summary of Ordinance No. 2647 (CCS) was duly published pursuant
to California Government Code Section 40806.
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9/21/2020