O26781
City Council Meeting: July 27, 2021 Santa Monica, California
ORDINANCE NUMBER 2678 (CCS)
(City Council Series)
AN EMERGENCY INTERIM ZONING ORDINANCE OF THE CITY COUNCIL OF
THE CITY OF SANTA MONICA EXTENDING INTERIM ZONING REGULATIONS
ESTABLISHED BY EMERGENCY INTERIM ZONING ORDINANCE NUMBER
2674 (CCS) AUTHORIZING TEMPORARY USE OF PRIVATE OUTDOOR SPACE;
TEMPORARY PERMITTED USES FOR EMERGENCY SHELTERS, PUBLIC
SAFETY FACILITIES, AND DRIVE-THROUGH FACILITIES FOR COVID-19
TESTING AND VACCINATION PURPOSES; AND FLEXIBILITY IN ISSUANCE OF
TEMPORARY USE PERMITS AND ALCOHOLIC BEVERAGE SALES
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 17, 2020, the Director of Emergency Services issued a
Revised Fourth Supplement to the Executive Order (“Revised Fourth Supplement”),
which among other things, permitted public safety facilities, hospitals, clinics, and
emergency shelters in all zoning districts and allowed the Director of the Community
Development Department or designee to waive development standards, design review,
parking and access requirements, and sign standards related to such uses, and allowed
drive-through facilities for clinics, convenience markets, farmers markets, general
markets, hospitals, pharmacies, and restaurants; 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 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 March 21, 2020, the Director of Emergency Services issued a
Seventh Supplement to the Executive Order aligning the Santa Monica Municipal Code
with a California Department of Alcoholic Beverage Control (“ABC”) “Notice of Regulatory
Relief” permitting restaurants and retailers holding valid ABC licenses to sell alcoholic
beverages for off-site consumption via delivery and take-out; and
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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 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
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WHEREAS, the Second Revised Eighteenth Supplement also authorized
Business Improvement Districts and individual eligible businesses that have obtained
a temporary use permit to conduct sidewalk sales and other seasonal sales without
otherwise complying with the provisions of the Executive Order; 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 the public and private
space, 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 October 7, 2020, the Director of Emergency Services issued a
Twenty-Seventh Supplement to the Executive Order (“Twenty-Seventh Supplement”),
which, among other things, authorized the Director of the Community Development
Department to issue regulations regarding and issue temporary use permits for certain
uses allowed by the County Safer at Home Order, including temporary outdoor sales and
special events, for a period longer than 45 days but less than 180 days and waived
processing fees for such temporary use permits; 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 certain eligible
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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 December 8, 2020, the Director of Emergency Services issued a
Thirtieth Supplement to the Executive Order (“Thirtieth Supplement”), which, among other
things, superseded and replaced Sections 1 through 3 of the Seventh Supplement with
amended rules regarding off-site and retail alcohol sales that, in particular, add the
requirement that authorized sales of to-go alcoholic beverages may be delivered to
customers only at the same time as the required accompanying meals; 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
Revised Fourth, Third Revised Eighteenth, Twenty-Seventh, Twenty-Eighth, Thirtieth,
and Thirty-Third Supplements; and
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WHEREAS, the City has issued approximately 70 permits to use private outdoor
space pursuant to the Third Revised Eighteenth, Twenty-Eighth, and Thirty-Third
Supplements; and
WHEREAS, the eligible businesses and restaurants with permits to use public and
outdoor space as authorized under the Third Revised Eighteenth, Twenty-Eighth, and
Thirty-Third Supplements have been issued temporary outdoor permits or entered into
temporary outdoor encroachment 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 would fully re-open its economy on June 15, 2021, provided that vaccine
supply was sufficient and hospitalization rates were stable and low; 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
would 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 would align with the State’s June 15, 2021 reopening
plans that ease many capacity limits and distancing requirements for businesses; 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
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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, on June 8, 2021, as a result of the State and County’s announcements
regarding a planned June 15 reopening, the City Council adopted Emergency Interim
Zoning Ordinance Number 2674 (CCS) (“Emergency IZO 2674”) establishing interim
zoning regulations to support economic recovery following the anticipated termination of
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, and to
support continued emergency response and pandemic recovery, by authorizing:
temporary use of private outdoor space; temporary permitted uses for emergency
shelters, public safety facilities, and drive through facilities for Covid-19 testing and
vaccination purposes; and flexibility in issuance of temporary use permits and alcoholic
beverage sales; and
WHEREAS, on June 8, 2021, concurrently with consideration of Emergency IZO
2674, the City Council adopted Ordinance Number 2673 (CCS), an emergency ordinance
adding Santa Monica Municipal Code Chapter 6.40, Santa Monica Outdoors Pilot
Program, authorizing continued use of public space under the Third Revised Eighteenth,
Twenty-Eighth and Thirty-Third Supplements; and
WHEREAS, on June 14, 2021, the Director of Emergency Services issued a Thirty-
Seventh Supplement to the Executive Order (“Thirty-Seventh Supplement”) which,
among other things, allowed provisions of the Revised Fourth, Third Revised Eighteenth,
Twenty-Sixth, Twenty-Seventh, Twenty-Eighth, Thirtieth, and Thirty-Third Supplements
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authorizing continued use of public and private outdoor space for business, emergency
response, and pandemic recovery activities to expire because they had been superseded
by the adoption of Emergency IZO 2674 and Ordinance 2673; and
WHEREAS, Emergency IZO 2674 further supports economic recovery by
temporarily suspending zoning regulations and provisions of previously-issued permits,
including, but not limited to, parking requirements (except for those relating to accessible
parking) and maximum floor area ratio, to the extent necessary to accommodate the
temporary uses permitted by Emergency IZO 2674 and the Santa Monica Outdoors Pilot
Program; and
WHEREAS, continuing to allow eligible businesses to expand their operations to
certain public and private outdoor spaces, and providing continued flexibility in the
issuance of temporary use permits and alcoholic beverage sales, 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 and private outdoor space for their operations; and
WHEREAS, continuing to permit emergency shelters and public safety facilities,
and drive-through facilities for COVID-19 testing and vaccination sites offered by
hospitals, clinics, and pharmacies in all zoning districts provides flexibility in uses related
to health and safety that are supportive of emergency response and pandemic recovery;
and
WHEREAS, the City Council finds and declares that a current and immediate
threat to the public health, safety, and general welfare continues to exist as a result
of the termination of the authorizations for: temporary use of public and private
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outdoor space as provided by the Third Revised Eighteenth, Twenty-Eighth, and Thirty-
Third Supplements; permitted emergency shelters, public safety facilities, and drive-
through facilities for COVID-19 testing and vaccination purposes in all zoning districts
as provided by the Revised Fourth Supplement; issuance of temporary use permits
as provided by the Third Revised Eighteenth and Twenty-Seventh Supplements; and
allowed flexibility in off-site and retail sales of alcoholic beverages as provided by the
Thirtieth Supplement; that approval of additional subdivisions, use permits,
variances, building permits, or any other applicable entitlement in accordance with
current zoning regulations would impede the City’s ability to allow for uses related to
health and safety that are supportive of emergency response and pandemic recovery and
cause disruption to and economic harm to the City’s businesses; and that as a result
extension of the interim zoning regulations adopted by Emergency IZO 2674 pursuant to
this emergency interim zoning ordinance 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. Authorization for Temporary Uses.
A. Definitions. The following words and phrases have the following meanings
when used in these interim zoning regulations:
1. “Eligible business” means (a) a business that operates out of a
physical location in the City and has received any necessary entitlements from the
City to operate; and (b) the use of the physical location by the business is a non-
residential use classification that is permitted or conditionally permitted in the
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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.
2. “Private outdoor space” means all or a portion of a parking lot,
courtyard, plaza, or other private open space area either owned by the eligible
business or temporarily used by the eligible business as authorized by these
interim zoning regulations. The private outdoor space must be on the same parcel
or a parcel immediately adjacent to the eligible business.
3. “Director” means the Director of the Community Development
Department or designee.
4. “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 Santa Monica Municipal Code Chapter
6.40.
B. Temporary Use of Private Outdoor Space.
1. Authorization. The Director is authorized to issue permits for
temporary use of private outdoor space to eligible businesses that meet the
requirements set forth in these interim zoning regulations and associated
administrative regulations.
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2. Temporary Use of Private Outdoor Space Requirements.
a. Application and Fees. Any eligible business seeking to obtain
a temporary use of private outdoor space permit shall submit an application
using a form designated by the Director for that purpose. Any application
shall be accompanied by the required fee, if any, adopted in accordance
with Santa Monica Municipal Code Section 9.37.020(C).
b. Permit required. No person may conduct a temporary use of
private outdoor space without having obtained a permit from the City.
c. Posting of Temporary Use of Outdoor Private Space Permit
Required. The temporary use of private outdoor space permit shall be
displayed by the eligible business during business hours.
d. Signs. Notwithstanding anything to the contrary in Chapter
9.61 of the Santa Monica Municipal Code, an eligible business that has
obtained a temporary use of private outdoor space 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 private outdoor space
that is subject to the temporary use of private outdoor space permit.
e. Removal of new construction. Regardless of whether a
building permit for any new construction in the private outdoor space is
required or obtained, the City reserves the right to require the eligible
business to remove any new construction in the private outdoor space
following the expiration of these interim zoning regulations, or any permit
issued for temporary use of private outdoor space pursuant to these interim
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zoning regulations, for any reason, including that the structure fails to
comply with any provisions of Article IX of the Santa Monica Municipal
Code, or any conditions to permits previously issued by the City, including,
but not limited to, parking requirements and maximum floor area ratio that
are temporarily suspended under Section 3 of these interim zoning
regulations. The construction of a temporary deck or other structure in the
private outdoor space does not confer any vested rights to any ongoing or
continuing activities or use of such a deck or structure beyond the expiration
of these interim zoning regulations or any permit issued for temporary use
of private outdoor space pursuant to these interim zoning regulations.
f. Compliance with Permit Requirements and Administrative
Regulations. An eligible business that has obtained a temporary use of
private outdoor space permit shall comply with any other permit
requirements or conditions set forth in the administrative regulations issued
under these interim zoning regulations.
3. Administrative Regulations.
a. The Director may adopt administrative regulations to
implement the provisions of this Section 1(B), including, but not limited to,
restrictions on hours of operation, and additional conditions for conducting
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the temporary outdoor eligible business activity use authorized by these
interim zoning regulations.
b. No person shall fail to comply with the City’s administrative
regulations.
C. Temporary Permitted Uses.
1. Notwithstanding anything to the contrary in the land use regulations
set forth in Sections 9.07.020, 9.08.020, 9.09.080, 9.10.040, 9.11.020, 9.13.020,
9.14.020, or 9.15.020 of the Santa Monica Municipal Code, for the term set forth
in Section 2(B) below, the following use classifications shall be temporarily
permitted uses in all zoning districts:
a. Public safety facility, as defined by Santa Monica Municipal
Code Section 9.51.030(A)(10); and
b. Emergency shelter, as defined by Santa Monica Municipal
Code Section 9.51.020(A)(4); and
c. Drive-through facility for a clinic, as defined by Santa Monica
Municipal Code Section 9.51.030(A)(8)(a); hospital, as defined by Santa
Monica Municipal Code Section 9.51.030(A)(8)(b); general retail sales,
small scale, as defined by Santa Monica Municipal Code Section
9.51.030(B)(22)(b) that is operating as a pharmacy; or general sales,
medium scale, as defined by Santa Monica Municipal Code Section
9.51.030(B)(22)(b) that is operating as a pharmacy, all for the limited
purpose of conducting COVID-19 testing and vaccination services.
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2. Establishment of and development standards for the above-listed
uses shall be approved by the Director or designee. No conditional use permit or
temporary use permit shall be required for any of the above-listed uses.
Development standards, design review, parking and access requirements and sign
standards related to any of the above-listed uses may be waived at the discretion
of the Director or designee.
D. Temporary Use Permits.
1. Business Improvement Districts and individual eligible businesses
that have obtained a Temporary Use Permit in accordance with Santa Monica
Municipal Code Chapter 9.44 may conduct sidewalk sales and other seasonal
sales in accordance with Santa Monica Municipal Code Section 9.31.370,
Temporary Uses and Seasonal Sales, without otherwise complying with the
provisions of Santa Monica Municipal Code Chapter 6.40, Santa Monica Outdoors
Pilot Program.
2. Notwithstanding anything to the contrary in Section 9.44.060 of the
Santa Monica Municipal Code, the Director or designee may issue Temporary Use
Permits for uses that are permitted pursuant to Santa Monica Municipal Code
Section 9.31.370(b) of more than 45 consecutive days, but in no event more than
180 consecutive days, subject to making the required findings in Santa Monica
Municipal Code Section 9.44.030 and any conditions of approval imposed by the
Director or designee pursuant to Santa Monica Municipal Code Section 9.44.040.
The Director may issue only one temporary use permit under this paragraph per
use during the term set forth in Section 2(C) below. Applicants that were issued a
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temporary use permit for up to 180 days pursuant to the Twenty-Seventh
Supplement may receive one temporary use permit for up to 180 days during the
term set forth in Section 2(C).
E. Alcoholic Beverage Sales.
1. Off-site Alcohol Sales for Restaurants. Notwithstanding anything to
the contrary in Section 9.31.040 of the Santa Monica Municipal Code, or any
conditions to permits previously issued by the City, for the term set forth in Section
2(D) below, off-site alcohol sales shall be permitted for Restaurants, Full-Service,
as that term is defined by Section 9.51.030(B)(8)(b) of the Santa Monica Municipal
Code, and Restaurants, and Limited-Service and Take-Out, as that term is defined
by Section 9.51.030(B)(8)(c) of the Santa Monica Municipal Code that:
a. Have obtained and are operating under a license to sell
alcoholic beverages from the California Department of Alcoholic Beverage
Control (“ABC”);
b. Have obtained and are operating under a Conditional Use
Permit or Alcohol Exemption issued by the City of Santa Monica, or are
operating as an existing alcohol outlet without a Conditional Use Permit
pursuant to Section 9.31.040 of the Santa Monica Municipal Code;
c. Conduct such sales in accordance with all conditions and
requirements set forth in ABC’s First Notice of Regulatory Relief issued on
March 19, 2020, including, but not limited to, provisions related to On-Sale
Retailers Exercising Off-Sale Privileges and Sales of Alcoholic Beverages
To Go; and
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d. Do not serve, deliver, or otherwise provide to the consumer
any to-go alcoholic beverages before serving, delivering, or otherwise
providing the consumer the meals sold in conjunction with any such to-go
alcoholic beverages.
2. Retail Sales. Notwithstanding anything to the contrary in Section
9.31.040, or any conditions to permits previously issued by the City, for the term
set forth in Section 2(D) below, retail sales of alcohol shall be permitted in
accordance with the conditions and requirements set forth in ABC’s First Notice of
Regulatory Relief issued on March 19, 2020 and the Second Notice of Regulatory
Relief issued on April 1, 2020 for Convenience Markets, as that term is defined by
Section 9.52.030(B)(10)(a) of the Santa Monica Municipal Code, General Markets,
as that term is defined by Section 9.51.030(B)(10)(c) of the Santa Monica
Municipal Code, and Liquor Stores, as that term is defined by Section
9.51.030(B)(10)(d) that:
a. Have obtained and are operating under a license to sell
alcoholic beverages from ABC;
b. Have obtained and are operating under a Conditional Use
Permit or Alcohol Exemption issued by the City of Santa Monica, or are
operating as an existing alcohol outlet without a Conditional Use Permit
pursuant to Section 9.31.040 of the Santa Monica Municipal Code; and
c. Conduct such sales in accordance with all conditions and
requirements set forth in ABC’s First Notice of Regulatory Relief issued on
March 19, 2020 and the Second Notice of Regulatory Relief issued on April
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1, 2020, including, but not limited to, Off-Sale Transactions Through Pass-
Out Windows, Hours of Operations for Retail Sales, and Deliveries to
Consumers.
SECTION 2. Term of Temporary Uses Authorized by Interim Zoning
Regulations.
A. Temporary Use of Private Outdoor Space. The Director’s authority
to issue permits for temporary use of private outdoor space pursuant to Section 1(B) of
these interim zoning regulations shall terminate and be of no further force and effect upon
expiration of these interim zoning regulations, unless otherwise extended in accordance
with Section 9.46.090(C) of the Santa Monica Municipal Code. Permits to authorize
temporary use of private outdoor space issued pursuant to Section 1(B) of these interim
zoning regulations 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
permit issued by the City.
B. Temporary Permitted Uses. Temporary permitted uses authorized
by Section 1(C) of these interim zoning regulations shall terminate upon expiration of
these interim zoning regulations, unless otherwise extended in accordance with Section
9.46.090(C) of the Santa Monica Municipal Code.
C. Temporary Use Permits. The Director’s authority to issue temporary
use permits pursuant to Section 1(D) of these interim zoning regulations shall terminate
and be of no further force and effect upon expiration of these interim zoning regulations,
unless otherwise extended in accordance with Section 9.46.090(C) of the Santa Monica
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Municipal Code. Temporary uses permitted by temporary use permits issued pursuant
to Section 1(D) of these interim zoning regulations shall terminate and be of no further
force and effect in accordance with the terms of the temporary use permit.
D. Alcohol Sales. Alcohol sales authorized by Section 1(E) of these
interim zoning regulations shall terminate upon expiration of these interim zoning
regulations, unless otherwise extended in accordance with Section 9.46.090(C) of the
Santa Monica Municipal Code, or upon termination of the Notice of Regulatory Relief
issued by ABC authorizing such sales, whichever is sooner.
SECTION 3. Temporary Suspension of Zoning Regulations.
The provisions of the City of Santa Monica Comprehensive Zoning Ordinance,
Divisions 1 through 5 of Article IX of the Santa Monica Municipal Code, or any conditions
to permits previously issued by the City, including, but not limited to, parking requirements
(except for those relating to accessible parking) and maximum floor area ratio, are hereby
temporarily suspended to the extent necessary to accommodate the temporary uses
permitted by these interim zoning regulations and Santa Monica Municipal Code Chapter
6.40, Santa Monica Outdoors Pilot Program.
SECTION 4. No Vested Rights Conferred.
Eligible business activity authorized by these interim zoning regulations shall be
conducted as a temporary use, or a temporary accessory use to a legally established
business that is located on the parcel, on an adjacent parcel, or, if the eligible business
activity is conducted on a sidewalk, adjacent to the eligible business. Nothing in these
interim zoning regulations, or any permits issued pursuant to these interim zoning
regulations, shall be considered an entitlement or permit for permanent use or to confer
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any vested rights to any ongoing or continuing activities beyond the expiration of these
interim zoning regulations, or the expiration of any permits issued pursuant to these
interim zoning regulations.
SECTION 5. Enforcement.
A. Any person who violates any provision of these interim zoning regulations,
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 these interim zoning regulations,
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 these interim zoning regulations in a
criminal case, or found to be in violation of these interim zoning regulations 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.
SECTION 6. Any provision of the Santa Monica Municipal Code or any appendix
thereto inconsistent with the provisions of this Emergency Interim Zoning 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 Emergency Interim Zoning Ordinance.
SECTION 7. If any section, subsection, sentence, clause, or phrase of this
Emergency Interim Zoning Ordinance is for any reason held to be invalid or
unconstitutional by a decision of any court of competent jurisdiction, such decision shall
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not affect the validity of the remaining portions of this Emergency Interim Zoning
Ordinance. The City Council hereby declares that it would have passed this Emergency
Interim Zoning 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 8. The Mayor shall sign and the City Clerk shall attest to the passage
of this Emergency Interim Zoning Ordinance. The City Clerk shall cause the same to be
published once in the official newspaper within 15 days after its adoption. This Emergency
Interim Zoning Ordinance shall become effective immediately upon adoption.
SECTION 9. This Emergency Interim Zoning Ordinance shall be of no further
force or effect after June 30, 2022 unless it is otherwise extended pursuant to Santa
Monica Municipal Code Section 9.46.090(C).
APPROVED AS TO FORM:
_______________________
GEORGE S. CARDONA
Interim City Attorney
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Approved and adopted this 27th day of July, 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. 2678 (CCS) had its introduction
and adoption at the Santa Monica City Council meeting held on July 27, 2021, by
the following vote:
AYES: Councilmembers Brock, de la Torre, Davis, Negrete, Parra,
Mayor Pro Tem McCowan, Mayor Himmelrich
NOES: None
ABSENT: None
ATTEST:
_____________________________________ _________________
Denise Anderson-Warren, City Clerk Date
A summary of Ordinance No. 2678 (CCS) was duly published pursuant to California
Government Code Section 40806.
DocuSign Envelope ID: 01ED5CF1-C78E-4E94-8C69-873658C3B0C2
8/4/2021