R113401
City Council Meeting: June 8, 2021 Santa Monica, California
RESOLUTION NO. 11340 (CCS)
(City Council Series)
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
SANTA MONICA ESTABLISHING FEES FOR OUTDOOR
DINING AREA LICENSES
WHEREAS, Santa Monica Municipal Code Section 9.31.200 allows outdoor
dining on the public right of way as a way to enhance the pedestrian ambiance of
the City; and
WHEREAS, Santa Monica Municipal Code Section 2.72.010 authorizes the
imposition of charges for private use of public property; and
WHEREAS, Santa Monica Municipal Code Section 2.72.020 authorizes setting
such charges by resolution; and
WHEREAS, in June 2010, the City had an appraiser develop licensing fee rates
for outdoor dining that reflected the fair market value of the use of public space; and
WHEREAS, on June 11, 2011, the City Council adopted Resolution
No. 10586, which established the license fees for outdoor dining area licenses that
are adjusted every January 1 by the annual change in the Consumer Price Index
and that were set below fair market value to reflect community recognition that
outdoor dining areas provide public benefits by enlivening sidewalks and pedestrian
pathways and by promoting visual interest throughout commercial districts in the
City;
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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
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
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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, through supplements to the Executive Order, the City
suspended outdoor dining license payments for City licensees through June 15,
2021; and
WHEREAS, the City Council is concurrently adopting a resolution that waives
outdoor dining license payments until January 1, 2022; 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, due to the economic hardships suffered by businesses and to
stimulate economic recovery, the City Council desires to re-set the outdoor dining
licensing fee so that the rate in 2022 shall be the same as the rate in 2020, and that
annually thereafter, commencing on January 1, 2023, such fees shall be adjusted by the
change in the Consumer Price Index.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SANTA
MONICA DOES RESOLVE AS FOLLOWS:
SECTION 1: The following fees are established for outdoor dining area
licenses, effective January 1, 2022:
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Location
Monthly License Fee Per Square Foot
Fully Enclosed
Outdoor Dining
Area
Partially
Enclosed
Outdoor Dining
Area
Outdoor Dining
Area Without a
Barrier
3rd Street Promenade Not allowed $3.78 $2.66
Transit Mall (Santa
Monica Boulevard/
Broadway)
Not allowed $3.78 $2.66
Ocean Avenue $7.05 $3.53 $2.48
Montana Avenue Not allowed $3.02 $2.20
Wilshire Boulevard Not allowed $3.02 $2.12
Main Street Not allowed $3.02 $2.12
Ocean Park Boulevard Not allowed $3.02 $2.12
Pico Boulevard Not allowed $3.02 $2.12
Other Streets Not allowed $3.02 $2.12
SECTION 2. Commencing January 1, 2023 and annually thereafter on
January 1, the fees shall be increased by the annual change in the Consumer Price
Index, which adjustment shall be no less than a three percent (3%) or more than a
five percent (5%) increase.
SECTION 3: All fees established by this resolution shall be effective
immediately upon adoption of this resolution.
SECTION 4: Resolution No. 10586 is hereby repealed in its entirety.
SECTION 5: If there are any conflicts between the fees adopted in this
resolution and fees adopted by any prior resolution or fee schedule, the fees
adopted pursuant to this resolution shall control.
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SECTION 6. The City Clerk shall certify to the adoption of this resolution and
thenceforth and thereafter the same shall be in full force and effect.
APPROVED AS TO FORM:
_______________________
GEORGE S. CARDONA
Interim City Attorney
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Adopted and approved this 8th day of June 2021.
__________________________
Sue Himmelrich, Mayor
I, Denise Anderson-Warren, City Clerk of the City of Santa Monica, do hereby
certify that Resolution No. 11340 (CCS) was duly adopted at a meeting of the Santa
Monica City Council held on the 8th day of June 2021, by the following vote:
AYES: Councilmembers Brock, Davis, De la Torre, Parra,
Mayor Pro Tem McCowan, Mayor Himmelrich
NOES: None
ABSENT: Councilmember McKeown
ATTEST:
_____________________________________
Denise Anderson-Warren, City Clerk
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