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O2714City Council Meeting: September 13, 2022 Santa Monica, California ORDINANCE NUMBER 2714 (CCS) (City Council Series) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA AMENDING SANTA MONICA MUNICIPAL CODE SECTIONS 6.36.040 TO EXPAND OPPORTUNITIES FOR STATIONARY VENDING IN PALISADES PARK WHEREAS, on September 17, 2018, California Governor Edmund Gerald Brown signed Senate Bill (“SB”) 946 into law, which regulates and decriminalizes certain sidewalk vending activities; and WHEREAS, the City undertook an extensive review of vending activities in light of SB 946; and WHEREAS, on April 9, 2019, the City Council adopted Ordinance Number 2607 (CCS), amending Chapter 6.36 to the Santa Monica Municipal Code to adopt a comprehensive vending regulatory program, pursuant to the City’s constitutionally authorized charter city police powers and consistent with authorities granted by SB 946; and WHEREAS, due to the public health, safety, and welfare concerns with vending in Palisades Park, Chapter 6.36, as amended in April 2019, prohibited stationary vending in any portion of Palisades Park within 500 feet of the Ocean Avenue entrance point to the Pier bridge, but allowed roaming sidewalk vending to take place; and WHEREAS, Palisades Park, situated between the Pacific Ocean, the Pier bridge, and the City’s bustling downtown, is the crown jewel of the City’s park system and is the most heavily utilized; and DocuSign Envelope ID: A4A47F7B-9F0F-4D2D-8DA5-89FA2495AB43 WHEREAS, Palisades Park sits along the edge of the bluffs overlooking the Pacific Ocean providing spectacular and unparalleled views of the coastline; and WHEREAS, based on Palisades Park’s unique aesthetic qualities and unmatched scenic beauty, the City designated the Park as a local Landmark; and WHEREAS, circulation within Palisades Park is limited because it is extremely narrow, and is physically surrounded by downtown streets on three sides and tall bluffs on the fourth; WHEREAS, the intensity and variety of Palisades Park necessitates regulation to avoid safety hazards and conflicts; and WHEREAS, ensuring the free flow of pedestrian traffic is particularly important to the safety of the elderly, the very young, the disabled, vision-impaired persons, and others who are less able to navigate through crowds and around obstacles or hazards and who are particularly impacted by having to navigate off and onto curbs when sidewalks or pedestrian paths are blocked; and WHEREAS, hindrances to the free flow of pedestrian traffic, particularly in the City’s congested public places, such as Palisades Park, may interfere with the work of public safety personnel seeking immediate access to emergency situations and with other work vital to the public health and safety, such as cleaning and maintenance; and WHEREAS, because the space available at Palisades Park is limited and heavily utilized, special efforts must be undertaken to maintain it and facilitate their shared use and availability to all; and WHEREAS, on February 22, 2022, the City Council held a study session on sidewalk vending at which, among other things, Council heard from the Pier Vending Task DocuSign Envelope ID: A4A47F7B-9F0F-4D2D-8DA5-89FA2495AB43 Force and various members of the public regarding potential options for allowing vending in Palisades Park near the Pier; and WHEREAS, since the February 2022 study session, City staff has been studying mechanisms to allow for limited stationary vending within the first 100 to 500 feet of the Ocean Avenue entrance to the Pier in Palisades Park while not presenting the aforementioned public health and safety hazards; and WHEREAS, City Council now desires to amend Santa Monica Municipal Code Section to authorize stationary vending in designated locations within the first 100 to 500 feet of the Ocean Avenue entrance to the Pier in Palisades Park subject to any rotation, spacing, lottery, and similar requirements set forth in administrative regulations. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SANTA MONICA DOES HEREBY ORDAIN AS FOLLOWS: SECTION 1. Santa Monica Municipal Code Section 6.36.040 Restricted vending times and locations, is hereby amended to read as follows: 6.36.040 Restricted vending times and locations. (a) Unless otherwise expressly authorized by or with the consent of the City, no person shall vend on or within, any private property, the Santa Monica Pier, a certified farmers’ market, a permitted community event, a permitted filming activity, a bikepath, a street, a driveway, or a public parking lot. (b) No stationary sidewalk vendor shall vend within: (1) Twenty-five feet of the Third Street Promenade; (2) The Transit Mall; (3) The Beach; DocuSign Envelope ID: A4A47F7B-9F0F-4D2D-8DA5-89FA2495AB43 (4) Any area exclusively zoned for residential uses; (5) The 1700 block of Ocean Front Walk; (6) Any portion of Palisades Park that is within five hundred feet of the Ocean Avenue entrance point to the Pier bridge, except within any designated stationary vending spaces identified in the administrative regulations and in compliance with any rotation, lottery, or other similar requirements established by administrative regulations applicable to such spaces; or (7) Any City park during the hours that an exclusive concessionaire is open and operating pursuant to an agreement with the City or other operator of the park. (c) No roaming sidewalk vendor shall vend in an area exclusively zoned for residential uses or on a sidewalk or pedestrian path directly adjacent to such an area between the hours of nine p.m. and eight a.m. (d) No vehicle vendor shall vend on Main Street between Ocean Park Boulevard and the City’s southern boundary between the hours of one a.m. and three a.m. on a Saturday, a Sunday, St. Patrick’s Day, Valentine’s Day, Cinco De Mayo Day, Memorial Day, Independence Day, Labor Day, Halloween, or New Year’s Day. (e) The City Manager or designee may adopt administrative regulations imposing additional requirements consistent with this Chapter and all other applicable laws in order to regulate the time, place, and manner of vending. DocuSign Envelope ID: A4A47F7B-9F0F-4D2D-8DA5-89FA2495AB43 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. This Ordinance shall become effective 30 days from its adoption. APPROVED AS TO FORM: _______________________ Douglas Sloan, City Attorney DocuSign Envelope ID: A4A47F7B-9F0F-4D2D-8DA5-89FA2495AB43 Approved and adopted this 13th day of September, 2022. _____________________________ 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. 2714 (CCS) had its introduction on August 23, 2022 and was adopted at the Santa Monica City Council meeting held on September 13, 2022, by the following vote: AYES: Councilmembers Davis, de la Torre, Negrete, Parra, Mayor Himmelrich, Mayor Pro Tem McCowan NOES: None ABSENT: Councilmember Brock ATTEST: _____________________________________ _________________ Denise Anderson-Warren, City Clerk Date A summary of Ordinance No. 2714 (CCS) was duly published pursuant to California Government Code Section 40806. DocuSign Envelope ID: A4A47F7B-9F0F-4D2D-8DA5-89FA2495AB43 9/21/2022