O26731
City Council Meeting: June 8, 2021 Santa Monica, California
ORDINANCE NUMBER 2673 (CCS)
(City Council Series)
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA
ADOPTING CHAPTER 6.40 TO IMPLEMENT THE SANTA MONICA OUTDOORS
PILOT PROGRAM AND CONTINUE THE AUTHORIZATION FOR ELIGIBLE
BUSINESSES TEMPORARILY TO USE CERTAIN PUBLIC OUTDOOR SPACE
WHEREAS, the novel coronavirus 19 (“COVID-19”) disease is caused by a virus
that spreads easily from person to person and may result in serious illness or death,
and is classified by the World Health Organization (“WHO”) as a worldwide pandemic;
and
WHEREAS, COVID-19 has broadly spread throughout California and, in the
absence of herd immunity achieved through vaccinations, presents a significant health
risk to the community, especially members of our most vulnerable populations; and
WHEREAS, on March 13, 2020, the City Manager, in his role as the Director of
Emergency Services, proclaimed the existence of a local emergency pursuant to
Chapter 2.16 of the Santa Monica Municipal Code to ensure the availability of mutual
aid and an effective City response to the COVID-19 pandemic, and this local emergency
was restated on March 14, 2020, through a revised declaration of local emergency to
ensure compliance with all digital signature requirements (the “Executive Order”); and
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WHEREAS, on March 19, 2020, the Los Angeles County Department of Public
Health issued an enhanced Health Officer Order, the Safer at Home Order for Control of
COVID-19, amending and superseding its earlier March 16, 2020 Order, closing all
nonessential businesses, and limiting gatherings to 9 people or less; and
WHEREAS, since March 19, 2020, the Los Angeles County Department of Public
Health has on multiple occasions amended and modified its Health Officer Order, and
as part of these amendments and modifications, nonessential businesses, including
restaurants, lower-risk retail businesses, and gym and fitness establishments were
subject to, at various times, prohibitions on operating indoors or restrictions on capacity;
and
WHEREAS, on May 29, 2020, the Director of Emergency Services issued an
Eighteenth Supplement to the Executive Order, which, among other things, authorized
temporary outdoor dining extensions to adjacent sidewalk and/or adjacent parking,
courtyard, or other private open space owned by the restaurant; and
WHEREAS, on June 23, 2020, the Director of Emergency Services issued a
Second Revised Eighteenth Supplement to the Executive Order that modified the First
Revised Eighteenth Supplement to, among other things: extend the authorization for
temporary dining to adjacent private spaces not owned by the restaurant and to
sidewalks in front of adjacent buildings with the consent of either the owner or tenant;
extend the authorization for temporary dining to areas of the Pier to be specified by the
Director of the Community Development Department subject to specified conditions and
any additional regulations; extend the authorization for temporary dining to portions of
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the sidewalk or roadway in the Third Street Promenade to be specified by the Director
of the Community Development Department subject to specified conditions and any
additional regulations; authorize the temporary use by businesses of adjacent
sidewalks, adjacent private outdoor space, and areas of the Pier to be specified by the
Director of the Community Development Department for business activities other than
temporary dining, subject to specified conditions and any additional regulations; and
authorize restaurants and other businesses to establish temporary parklets for business
activities and outdoor dining in on-street parking and loading spaces adjacent to the
restaurant or business, subject to specified conditions, specified design and safety
specifications, and any additional regulations; and
WHEREAS, on August 22, 2020, the Director of Emergency Services issued a
Third Revised Eighteenth Supplement to the Executive Order (“Third Revised
Eighteenth Supplement”), which, among other things, superseded and replaced the
prior versions of the Eighteenth Supplement, authorized the specified uses of public and
private outdoor spaces through the duration of the County’s Health Officer Order, plus
an additional 30 days, made other modification governing the conditions for use of
public and private spaces, and set fines for violations of the conditions for operating in
the public right-of-way and in private outdoor spaces through administrative citations;
and
WHEREAS, on November 23, 2020, the Director of Emergency Services issued
a Twenty-Eighth Supplement to the Executive Order (“Twenty-Eighth Supplement”),
which, among other things, authorized the Director of the Community Development
Department to issue permits for and regulations regarding the temporary extension by
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certain eligible businesses of their operations into unused portions of the parking lane
on Main Street where the City has placed K-rails and authorized such use through the
duration of the County’s Health Officer Order, plus an additional 30 days; and
WHEREAS, on January 28, 2021, the Director of Emergency Services issued a
Thirty-Third Supplement to the Executive Order (“Thirty-Third Supplement”), which,
among other things, authorized satellite outdoor dining in portions of the roadway in the
Third Street Promenade pursuant to limitations set out in the supplement and
regulations to be issued by the Director of the Community Development Department
and authorized such use through the duration of the County’s Health Officer Order, plus
an additional 30 days; and
WHEREAS, on March 19, April 6, April 14, May 12, May 26, June 9, June 23,
July 14, July 28, September 8, October 27, and December 15, 2020, as well as on
January 26, March 23, and effective May 22, 2021, the City Council ratified the
Executive Order, as well as the supplements to the Executive Order in place at the time,
including the Third Revised Eighteenth, Twenty-Eighth, and Thirty-Third Supplements;
and
WHEREAS, there are approximately 150 active permits to use public outdoor
space issued pursuant to the Third Revised Eighteenth, the Twenty-Eighth, and Thirty-
Third Supplements; and
WHEREAS, the eligible businesses and restaurants with permits to use public
outdoor space as authorized under the Third Revised Eighteenth, the Twenty-Eighth,
and Thirty-Third Supplements have entered into temporary outdoor encroachment
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agreements with the City, the terms of which are coterminous with the County’s Health
Officer Order plus an additional 30 days; and
WHEREAS, on April 6, 2021, the Governor of the State of California announced
the California will fully re-open its economy on June 15, 2021, provided that vaccine
supply is sufficient and hospitalization rates are stable and low; and
WHEREAS, on April 27, 2021, Council directed staff, as part of economic
recovery efforts, to consider the proposals of the Main Street Business Improvement
Association (MSBIA) and the Ocean Park Association (OPA) and return to Council with
a plan to implement a pilot program for temporary summer weekend closure of all or
part of Main Street to automobiles and bus traffic, as well as to assess the pilot’s traffic
impacts on surrounding neighborhoods; and
WHEREAS, staff has considered the proposal of MSBIA and OPA, and on June
8, 2021, returned to Council with a plan to partially close Main Street on weekends so
that businesses that have applied for and obtained a permit may operate outdoor dining
or other business activities on the roadway that has been closed to traffic; and
WHEREAS, on May 21, 2021, the California Department of Public Health
announced that, other than for mega events (those with crowds greater than 5,000 for
indoor events and 10,000 for outdoor events), beginning on June 15, 2021, the State
will not impose on businesses restrictions on capacity and physical distancing; and
WHEREAS, on May 21, 2021, the Los Angeles County Department of Public
Health announced that the County will align with the State’s June 15, 2021 reopening
plans that ease many capacity limits and distancing requirements for businesses; and
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WHEREAS, as a result of the State and County’s announcements regarding a
planned June 15 reopening, it is anticipated that the authorizations to use public space
for outdoor business activities as set forth in the City’s Third Revised Eighteenth,
Twenty-Eighth, and Thirty-Third Supplements may expire on July 15, 2021; and
WHEREAS, the City has an important government interest in maintaining a
thriving business community and protecting the health, safety, and economic welfare of
its citizens and businesses; and
WHEREAS, as a result of the restrictions imposed by the State’s COVID-19-
related guidance and the County’s Health Officer Order, businesses, and particularly
restaurants, have suffered significant economic hardships; for example, according to
Santa Monica’s fourth quarter sales tax report from 2020, restaurants are down 50-66%
in sales from the same quarter in 2019 just prior to COVID-19; and
WHEREAS, continuing to allow eligible businesses to expand their operations to
certain public outdoor spaces through a one-year pilot program will facilitate business
recovery, generate increased sales tax revenue for the City, and provide City staff the
time necessary to develop and bring to Council a permanent and expanded program for
businesses to use public outdoor space for their operations; and
WHEREAS, this ordinance is presented for adoption as an emergency
ordinance, to be introduced, adopted, and immediately effective upon its passage by at
least five affirmative votes, pursuant to City Charter Section 615, because of the
impending termination of the authorization to use public space under the Third Revised
Eighteenth, Twenty-Eighth, and Thirty-Third Supplements following the State and
County’s announcements on May 21, 2021 that COVID-related restrictions on business
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for most sectors will cease on June 15, 2021 and the disruption to and harm that
terminating the authorization to use public space will have on City businesses; and
WHEREAS, on June 8, 2021, the City Council held a public meeting during which
it considered the adoption of this emergency ordinance pursuant to California
Government Code Section 36937 and Santa Monica City Charter Section 615, both of
which allow the adoption of emergency ordinances to take effect immediately to ensure
the immediate preservation of the public peace, health, safety, and general welfare in
the City of Santa Monica; and
WHEREAS, the City Council finds and declares that a current and
immediate threat to the public health, safety, and general welfare exists as a result
of the impending termination of the authorization to use public outdoor space as
provided by the Third Revised Eighteenth, Twenty-Eighth, and Thirty-Third
Supplements, and the proposed pilot program to stimulate economic recovery is
necessary to protect the public health, safety, and welfare.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SANTA MONICA
DOES HEREBY ORDAIN AS FOLLOWS:
SECTION 1. Santa Monica Municipal Code Chapter 6.40 is hereby adopted to
read as follows:
Chapter 6.40 Santa Monica Outdoors Pilot Program
6.40.010 Definitions
The definitions in Section 9.52.020 apply to the words and phrases used in this Chapter,
unless otherwise specified herein. In addition, the following words and phrases have the
following meanings when used in this Chapter:
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(a) “Eligible business” means (1) a business that operates out of a physical
location in the City and has received any necessary entitlements from the City to
operate and (2) the use of the physical location by the business is a non-
residential use classification that is permitted or conditionally permitted in the
district, other than a liquor store, or an automobile/vehicle service and repair,
minor or major, as those terms are defined by Santa Monica Municipal Code
Section 9.51.030.
(b) “Director” means the Director of the Community Development Department
or designee.
(c) “Santa Monica Outdoors pilot program” means the use by a restaurant or
eligible business of the Main Street closure area, Main Street satellite space, a
parklet, the Promenade outdoor dining area, the Promenade satellite outdoor
dining area, or a sidewalk for either, as applicable, outdoor dining or business
activities in compliance with this Chapter.
(d) “Main Street closure area” means the portions of the roadway on Main
Street that are subject to temporary and periodic weekend closure and
designated for outdoor dining or other business activities pursuant to
administrative regulations issued under this Chapter.
(e) “Main Street satellite space” means the public parking or loading space(s)
(other than accessible parking spaces) located in the public right-of-way and
adjacent sidewalk on Main Street where the City has installed K-Rail barriers and
the public parking or loading space is unoccupied by an adjacent eligible
business with a Santa Monica Outdoors pilot program permit to use a parklet.
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(f) “Parklet” means the public parking or loading space(s) (other than
accessible parking spaces) located in the public right-of-way that are adjacent to
each other and at least one of which is adjacent to the restaurant or eligible
business that seeks to use the space(s) for outdoor dining or other business
activities in compliance with this Chapter. There may be no parklets on the Third
Street Promenade or the Santa Monica Pier.
(g) “Restaurant” means a restaurant, full-service, as that term is defined by
Santa Monica Municipal Code Section 9.51.030(B)(8)(b), or a restaurant, limited-
service and take-out, as that term is defined by Santa Monica Municipal Code
Section 9.51.030(B)(8)(c).
(h) “Promenade outdoor dining area” means any portion of the sidewalk or
roadway in the Third Street Promenade that is designated for outdoor dining
pursuant to administrative regulations issued under this Chapter.
(i) “Promenade satellite outdoor dining area” means the portion of the
roadway in the Third Street Promenade that is designated pursuant to
administrative regulations issued under this Chapter for a restaurant to deliver its
take-out food and beverages and for patrons to consume such food and
beverages.
(j) “Sidewalk” means (1) a “sidewalk,” as that term is defined by Santa
Monica Municipal Code Section 9.52.020.2250, including, but not limited to, any
portion of the sidewalk on the Third Street Promenade, or (2) any portion of the
Santa Monica Pier that is designated for outdoor dining or business activity
pursuant to administrative regulations issued under this Chapter.
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6.40.20 Santa Monica Outdoors Pilot Program Authorization
The Director is authorized to issue permits to and enter into licensing agreements
with eligible businesses that meet the requirements for participating in the Santa Monica
Outdoors pilot program as set forth in this Chapter and administrative regulations.
6.40.030 Santa Monica Outdoors Pilot Program Requirements
(a) Application Required. Any eligible business seeking to obtain a Santa
Monica Outdoors pilot program permit shall submit an application using a form
designated by the Director for that purpose.
(b) Permit and Licensing Agreement Required. No person may participate
in the Santa Monica Outdoors pilot program without having obtained a permit
from and entered into a licensing agreement with the City.
(c) Posting of Santa Monica Outdoors Pilot Program Permit. The Santa
Monica Outdoors pilot program permit shall be displayed by the eligible business
during business hours.
(d) Specific Santa Monica Outdoors Pilot Program Requirements.
(1) Sidewalk Use. An eligible business that has obtained a Santa
Monica Outdoors pilot program permit and entered into a licensing
agreement for use of the sidewalk may utilize the sidewalk adjacent to the
eligible business to conduct, as applicable, outdoor dining or other
business activities as authorized by the permit and licensing agreement.
(2) Parklet Use. An eligible business that has obtained a Santa
Monica Outdoors pilot program permit and entered into a licensing
agreement for use of a parklet may utilize the parklet to conduct, as
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applicable, outdoor dining or other business activities as authorized by the
permit and licensing agreement.
a. An eligible business may obtain a Santa Monica Outdoors
pilot program for use of a parklet only in streets that have (i)
a speed limit of 25 miles per hour or less, (ii) a speed limit of
30 miles per hour and either a Class II or IV bikeway, as
those terms are defined by California State & Highway
Code Section 890.4, or (iii) a speed limit of 30 miles per
hour without a Class II or IV bikeway, so long as the City
has authorized a parking lane closure and the City has
implemented additional design or safety specifications.
b. The construction of and use of a parklet pursuant to a Santa
Monica Outdoors pilot program permit shall comply with the
design and safety specifications set forth in administrative
regulations issued under this Chapter.
(3) Promenade Outdoor Dining Area Use. An eligible business that
has obtained a Santa Monica Outdoors pilot program permit and entered
into a licensing agreement for use of the Promenade outdoor dining area
may utilize the Promenade outdoor dining area for outdoor dining as
authorized by the permit and licensing agreement.
a. Only a restaurant that operates out of a physical location on
the Third Street Promenade is eligible to obtain a Santa
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Monica Outdoors pilot program permit for use of the
Promenade outdoor dining area.
(4) Promenade Satellite Outdoor Dining Area Use. An eligible
business that has obtained a Santa Monica Outdoors pilot program permit
and entered into a licensing agreement for use of the Promenade satellite
outdoor dining area may utilize the Promenade satellite outdoor dining
area for outdoor dining as authorized by the permit and licensing
agreement.
a. Only a restaurant that operates out of a physical location in
the area bounded by the east side of Second Street, south
side of Wilshire Boulevard, west side of 4th Street and north
side of Broadway is eligible to obtain a Santa Monica
Outdoors pilot program permit for use of the Promenade
satellite outdoor dining area.
(5) Main Street Closure Area Use. An eligible business that has
obtained a Santa Monica Outdoors pilot program permit and entered into a
licensing agreement for use of the Main Street closure area may utilize the
Main Street closure area to conduct, as applicable, outdoor dining or other
business activities as authorized by the permit and licensing agreement.
(6) Main Street Satellite Space Use. An eligible business that has
obtained a Santa Monica Outdoors pilot program permit and entered into a
licensing agreement for use of the Main Street satellite space may utilize
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the Main Street satellite space for business activity as authorized by the
permit and licensing agreement.
a. Only an eligible business other than a restaurant may
obtain a Santa Monica Outdoors pilot program permit for
use of the Main Street satellite space. However,
restaurants and other eligible businesses located on Main
Street may obtain a Santa Monica Outdoors pilot program
permit for a parklet, Main Street closure area, or use of the
adjacent sidewalk on Main Street as authorized pursuant to
this Chapter.
(7) Insurance Required. An eligible business that has obtained a
Santa Monica Outdoors pilot program permit shall maintain insurance at
coverage limits, and with conditions thereon determined necessary and
appropriate from time to time, as determined by the Risk Manager and
name the City of Santa Monica as an additional insured.
(8) Signage. Notwithstanding anything to the contrary in Chapter 9.61
of the Santa Monica Municipal Code, an eligible business that has
obtained a Santa Monica Outdoors pilot program permit may place a
single, non-permanent sign with the eligible business’s name and, if the
eligible business is a restaurant, a menu within the public property area
that is subject to the Santa Monica Outdoors pilot program permit and
licensing agreement.
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(9) Compliance with Administrative Regulations. An eligible
business that has obtained a Santa Monica Outdoors pilot program permit
shall comply with any other permit requirements or conditions set forth in
the administrative regulations issued under this Chapter.
(e) Duty to Comply with the Law. Eligible businesses that obtain a Santa
Monica Outdoors pilot program permit and enter into a licensing agreement with
the City shall comply with all applicable Federal, State, and City laws, rules, and
regulations, including, but not limited to, the requirement to have a current
business license, the noise restrictions in Chapter 4.12 of this Code, the
protection of public trees in compliance with Chapter 7.40 of this Code,
compliance with the Americans with Disabilities Act, and compliance with any
public health orders issued by the State or County of Los Angeles.
(f) Fees. The City Council may establish application and permit fees and
charges by resolution, which shall:
(1) Defray the City’s costs in administering and enforcing the
provisions of this Chapter; and
(2) Reflect charges associated with use of public property pursuant to
this Chapter.
6.40.040 Administrative Regulations
(a) The Director may adopt administrative regulations to implement the
provisions of this Chapter, including, but not limited to, the location of the
Promenade satellite outdoor dining area and Promenade outdoor dining area, the
portion of the Santa Monica Pier that is subject to a Santa Monica Outdoors pilot
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program permit, design and safety specifications for parklets, the use of adjacent
or neighboring tenant or building space, application procedures, and other permit
conditions and requirements.
(b) No person shall fail to comply with the City’s administrative regulations.
6.40.050 Pilot Program Term
Permits issued pursuant to this Chapter shall terminate and be of no further force
or effect beyond June 30, 2022, unless otherwise extended or terminated earlier by the
City at its discretion and consistent with any noticing requirements set forth in the
administrative regulations or the licensing agreement between the City and the eligible
business.
6.40.060 Grounds for revocation, suspension, or denial; appeals.
(a) The Director may deny any application for or suspend or revoke any Santa
Monica Outdoors pilot program permit if the eligible business, including its
employees, managers, officers, principals, directors, owners, contractors,
representatives, or agents:
(1) Has made a materially false, misleading, or fraudulent statement of
fact or omission of fact to the City on the permit application, during the
application process, or during the Santa Monica Outdoors pilot program;
(2) Operates, has operated, or proposes to operate in a manner that
endangers public health or safety; or
(3) Fails to comply or has failed to comply with any requirement
imposed by the provisions of this Code (or successor provision or
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provisions), including any administrative regulations issued pursuant to
this Chapter, or any provision of State law.
(b) Any decision by the City under this Chapter to deny an application for or
suspend or revoke a Santa Monica Outdoors pilot program permit may be
appealed by an aggrieved applicant or permit holder. An appeal must be taken
within the time and manner set forth in Chapter 6.16 of this Code.
6.40.070 Parking Prohibition
No person shall park or leave standing a vehicle in any parklet, the Main Street closure
area, or the Main Street satellite space.
6.40.080 Enforcement
(a) Any person who violates any provision of this Chapter, including any
administrative regulations, shall be guilty of an infraction, which shall be
punishable by a fine not exceeding $250 dollars, or a misdemeanor, which shall
be punishable by a fine not exceeding $500 dollars per violation or by
imprisonment in the County Jail for a period not exceeding six months or by both
such fine and imprisonment.
(b) Any person who violates any provision of this Chapter, including any
administrative regulations, shall be subject to administrative fines and
administrative penalties pursuant to Chapter 1.09 and Chapter 1.10 of this Code.
(c) Any person convicted of violating this Chapter in a criminal case, or found
to be in violation of this Chapter in a civil or administrative case brought by a law
enforcement agency, shall be ordered to reimburse the City and other
participating law enforcement agencies their full investigative costs.
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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. Pursuant to Sections 615 and 619
of the City Charter, for the reasons stated in the recitals above, the City Council
declares this ordinance to be necessary as an emergency measure for preserving the
public peace, health, and safety, with the result that this ordinance shall be introduced
and adopted at the same meeting and shall become effective immediately upon its
adoption.
APPROVED AS TO FORM:
_______________________
GEORGE S. CARDONA
Interim City Attorney
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Approved and adopted this 8th day of June, 2021.
_____________________________
Sue Himmelrich, 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. 2673 (CCS) had its introduction
and adoption at the Santa Monica City Council meeting held on June 8, 2021, by
the following vote:
AYES:
NOES:
Councilmembers Parra, Brock, Davis, de la Torre,
Mayor Himmelrich, Mayor Pro Tem McCowan
None
ABSENT: Councilmember McKeown
ATTEST:
_____________________________________ _________________
Denise Anderson-Warren, City Clerk Date
A summary of Ordinance No. 2673 (CCS) was duly published pursuant to California
Government Code Section 40806.
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6/23/2021