R114191
City Council Meeting: May 10, 2022 Santa Monica, California
RESOLUTION NO. 11419 (CCS)
(City Council Series)
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA
MONICA EXTENDING THE WAIVER OF CERTAIN FEES ON A
TEMPORARY BASIS TO FURTHER STIMULATE ECONOMIC
RECOVERY
WHEREAS, on June 8, 2021, the City Council adopted Emergency Ordinance
No. 2673, establishing Santa Monica Municipal Code Chapter 6.40, which implemented
the Santa Monica Outdoors Pilot Program through June 30, 2022, continued the
authorization provided in the City’s supplements to its declaration of the existence of a
local emergency for eligible businesses temporarily to use certain outdoor public property
for dining and other business activities, and authorized the City Council to set charges by
resolution to reflect the use of the outdoor public property; and
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, on June 8, 2021, the City Council adopted Resolution No. 11339,
which, among other things, (1) waived until December 31, 2021 the monthly license fee
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that restaurants are required to pay pursuant to their respective outdoor dining license
agreements with the City under Santa Monica Municipal Code Section 9.31.200 and
(2) established fees for the Santa Monica Outdoors Pilot Program that are to commence
no earlier than January 1, 2022 and following at least 30 days’ notice provided to eligible
businesses with a Santa Monica Outdoors Pilot Program permit; (3) waived the quarterly
use charges for businesses with a commercial fitness or athletic instruction permit issued
pursuant to Santa Monica Municipal Code through June 30, 2022, except that such
businesses operating in Palisades Park were required to pay a reduced quarterly rate;
and (4) waived until June 30, 2022 processing fees for certain temporary use permits
issued pursuant to Santa Monica Municipal Code Section 9.31.370; and
WHEREAS, on June 8, 2021, the City Council adopted Resolution No. 11340,
which re-set the outdoor dining licensing fee for licenses issued pursuant to Santa Monica
Municipal Code 9.31.200 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; and
WHEREAS, on December 14, 2021, the City Council adopted Resolution
No. 11392, which, through June 30, 2022, waived (1) the monthly license fee that
restaurants are required to pay pursuant to their respective outdoor dining license
agreements with the City under Santa Monica Municipal Code Section 9.31.200 and
(2) the monthly license fee that eligible businesses with a Santa Monica Outdoors Pilot
Program permit are required to pay for the use of public property pursuant to Santa
Monica Municipal Code Chapter 6.40; and
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WHEREAS, concurrent with this Resolution, City Council introduced for first
reading an ordinance that would extend the term of the Santa Monica Outdoors Pilot
Program until September 30, 2022; 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, businesses, and particularly restaurants, have suffered significant
economic hardships as a result of the COVID-19 pandemic and the threat of new variants
and potential surges in the future continues to create much uncertainty in terms of
economic recovery; and
WHEREAS, to stimulate economic recovery, the City Council desires, until
September 30, 2022, to waive the monthly license fees that restaurants are required to
pay pursuant to their respective outdoor dining license agreements and the monthly
license fee for use of outdoor public property pursuant to the Santa Monica Outdoors Pilot
Program; to waive the processing fees for certain temporary use permits issued pursuant
to Santa Monica Municipal Code Section 9.31.370; and to waive or reduce the quarterly
use charges for businesses with a commercial fitness or athletic instruction permit issued
pursuant to Santa Monica Municipal Code.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SANTA MONICA
DOES RESOLVE AS FOLLOWS:
SECTION 1. From the effective date of this resolution until September 30, 2022,
the City waives the monthly license fee that restaurants are required to pay pursuant to
their respective outdoor dining license agreements with the City under Santa Monica
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Municipal Code Section 9.31.200. Thereafter, restaurants shall resume paying their
respective monthly outdoor licensing fees according to the fees established by Resolution
No. 11340, or any amendments or successors thereto.
SECTION 2. From the effective date of this resolution until September 30, 2022,
the City waives the monthly license fee to eligible businesses with a Santa Monica
Outdoors Pilot Program permit for the use of public property pursuant to Santa Monica
Municipal Code Chapter 6.40.
SECTION 3. From the effective date of this resolution until September 30,
2022, businesses with a commercial fitness or athletic instruction permit issued pursuant
to Santa Monica Municipal Code Section 4.55.030 are not required to pay quarterly use
charges, unless the business provides commercial fitness or athletic instruction at
Palisades Park in which case the quarterly use charges shall be (a) $450 per quarter for
small groups (not more than 2); $900 per quarter for medium groups (not more than 10);
and (b) $1,350 per quarter for large groups (not more than 15).
SECTION 4. From the effective date of this resolution until September 30, 2022,
the City waives processing fees for temporary use permits for sidewalk sales and other
seasonal sales that are not otherwise required to comply with the provisions of the Santa
Monica Outdoors Pilot Program, and for temporary use permits issued for a period longer
than 45 days but less than 180 days, issued pursuant to the emergency interim zoning
ordinance adopted concurrently with this resolution that extends and amends interim
zoning regulations set forth in Emergency Interim Zoning Ordinance Number 2678 (CCS).
SECTION 5. The waiver of fees by this resolution shall be effective immediately
upon adoption of this resolution.
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SECTION 6. If there are any conflicts between the fees waived in this resolution
and fees waived by any prior resolution, the waiver of fees pursuant to this resolution shall
control.
SECTION 7. 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:
_______________________
SUSAN Y. COLA
Interim City Attorney
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Adopted and approved this 10th day of May 2022.
____________________________
Kristin McCowan, Mayor Pro Tem
I, Denise Anderson-Warren, City Clerk of the City of Santa Monica, do hereby
certify that Resolution No. 11419 (CCS) was duly adopted at a meeting of the Santa
Monica City Council held on the 10th day of May 2022, by the following vote:
AYES: Councilmembers de la Torre, Brock, Negrete, Davis,
Mayor Pro Tem McCowan
NOES: None
ABSENT: Councilmember Parra, Mayor Himmelrich
ATTEST:
_____________________________________
Denise Anderson-Warren, City Clerk
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