R114291
City Council Meeting: June 28, 2022 Santa Monica, California
RESOLUTION NO. 11429 (CCS)
(City Council Series)
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
SANTA MONICA ESTABLISHING MONTHLY LICENSING FEES
FOR THE SANTA MONICA OUTDOORS PARKLET PROGRAM
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, 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, 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; and
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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 (which, depending on the location in the City, ranges
between $2.12 and $2.66 per square foot paid on a monthly basis), and that
annually thereafter, commencing on January 1, 2023, such fees shall be adjusted
by the change in the Consumer Price Index; and
WHEREAS, pursuant to Resolution Nos. 11392 and 11419, adopted on
December 14, 2021 and May 10, 2022, respectively, the City Council waived the
monthly license fees for outdoor dining until September 30, 2022; and
WHEREAS, concurrent with this Resolution, City Council introduced for first
reading an ordinance that would adopt Chapter 6.42 of the Santa Monica Code,
establishing the Santa Monica Outdoors Parklet Program; as part of Chapter 6.42,
the City Council has the authorization to set charges by resolution for the parklet
program to reflect the use of public property; and
WHEREAS, the City Council desires to set the monthly licensing fee for parklets
under Santa Monica Chapter 6.42 so that it is commensurate with the lowest end of the
range charged monthly per square foot for outdoor licensing agreements issued
pursuant to Santa Monica Municipal Code Section 9.31.200.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SANTA
MONICA DOES RESOLVE AS FOLLOWS:
SECTION 1: The monthly license fee for use of public property pursuant to
Santa Monica Municipal Code Chapter 6.42 shall be $2.12 per square foot.
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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: 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.
SECTION 5. 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:
_______________________
DOUGLAS SLOAN
City Attorney
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Adopted and approved this 28th day of July 2022.
____________________________
Kristin McCowan, Mayor Pro Tem
I, Nikima Newsome, Assistant City Clerk of the City of Santa Monica, do
hereby certify that Resolution No.11429 (CCS) was duly adopted at a meeting of the
Santa Monica City Council held on the 28th day of June 2022, by the following vote:
AYES: Councilmembers Brock, Davis, De la Torre, Negrete, Parra,
Mayor Pro Tem McCowan, Mayor Himmelrich
NOES: None
ABSENT: None
ATTEST:
_____________________________________
Nikima Newsome, Assistant City Clerk
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