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SR 10-11-2022 10C City Council Report City Council Meeting: October 11, 2022 Agenda Item: 10.C 1 of 6 To: Mayor and City Council From: David Martin, Director, Administration Subject: Introduction and Adoption of Emergency Interim Zoning Ordinance to Extend Interim Zoning Regulations Extended and Amended by Emergency Interim Zoning Ordinance Number 2704 (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 Recommended Action Staff recommends that the City Council introduce and adopt an Emergency Interim Zoning Ordinance extending interim zoning regulations established by Emergency Interim Zoning Ordinance Number 2674 (CCS) and extended and amended by Emergency Interim Zoning Ordinances 2678 and 2704 (CCS) authorizing temporary outdoor 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; flexibility in issuance of temporary use permits and alcoholic beverage sales; and zoning changes necessary for continued emergency response and economic recovery. Summary On June 8, 2021, Council adopted Emergency Interim Zoning Ordinance Number 2674 (CCS) (“Emergency IZO 2674”) establishing interim zoning regulations for temporary uses of private outdoor space for commercial activity and to extend certain zoning changes necessary for continued emergency response and economic recovery, including, but not limited to, temporary drive-through facilities for COVID-19 testing, and allowance for off-site alcohol sales. 10.C Packet Pg. 198 2 of 6 Staff recommends that Council extend the interim zoning regulations that were last extended and amended by Emergency IZO 2704 through June 30, 2023 to allow businesses to maintain their permitted outdoor space on private property while staff continues to develop a private outdoor space program. Staff will return to Council in early 2023 with recommended amendments to the Zoning Ordinance to implement a permanent private outdoor space program. Staff will also evaluate whether the temporary land uses contained in IZO would be necessary for continued emergency response and economic recovery. Discussion Extension of Outdoor Use of Private Property Temporary Outdoor Use Permits originally authorized under the City’s emergency orders approved the use of private property for outdoor commercial operations. The temporary use of private outdoor space has been a critical component of the City’s response to support businesses during the COVID-19 pandemic, including certain zoning changes to support emergency response and economic recovery. Currently, 94 local businesses are using a Temporary Outdoor Use Permit issued pursuant to the IZO to conduct restaurant, fitness activities, personal services, and retail on private outdoor property—surface parking lots, courtyards, and other spaces on associated privately- owned commercial property—to help offset any pandemic-related indoor use restrictions or accommodate customer preference of being outdoors. This opportunity to use outdoor space on private property serves many businesses that are not eligible or not able to have a parklet in front of their business, particularly on commercial streets with higher traffic speeds such as Pico Boulevard and sections of Wilshire and Ocean Park Boulevards. Currently, outdoor dining is the primary activity of these private outdoor spaces. Per the IZO, table service and alcohol sales are temporarily permitted within these spaces, and parking requirements are suspended. In developing the permanent outdoor program for private property, staff is evaluating the overall use of private outdoor space by businesses during the pandemic. Staff continues to develop appropriate standards considering the size and location of outdoor spaces, 10.C Packet Pg. 199 3 of 6 parking needs, fire and life safety accessibility of the site, and noise when abutting residential districts and uses. Extension of Zoning and Land Use Related Changes There are a range of zoning and land use related changes that were made throughout the pandemic to facilitate emergency response and to also support local businesses. Changes that are recommended to continue through the IZO extension include: ▪ Permitted Use in all Zoning Districts: Public Safety Facilities and Emergency Shelters. Allowing these uses provides flexibility in establishing uses related to health and safety supportive of emergency response and the pandemic recovery. ▪ Drive-through facilities only for COVID-19 testing and vaccination purposes at hospitals, clinics, and pharmacies. The City’s Zoning Ordinance prohibits new drive-through facilities. This special exception remains necessary to allow the establishment of testing and vaccination as we continue to advance through the Pandemic. Many of these facilities are established within tented parking spaces where tests or vaccinations are administered while patients remain in their vehicles. ▪ Temporary Use Permits for uses permitted pursuant to 9.31.370(b) of more than 45 days and not exceeding 180 days (6 months). Extending the temporary use permit approval up to 180 days provides flexibility for outdoor temporary uses supportive of economic recovery efforts and consistent with social distancing practices during the pandemic. An example of a prior use that utilized this extended period was the temporary outdoor drive-in theater at 302 Colorado Avenue (former Sears Department store parking lot). ▪ Off-site alcohol sales for restaurants, consistent with the State Alcoholic Beverage Control (ABC) requirements: 10.C Packet Pg. 200 4 of 6 SB 389, effective as of January 1, 2022, extended the authorization under the First Notice of Regulatory Relief issued by the California Department of Alcoholic Beverage Control that expired on December 31, 2021 to allow the expansion of off-site privileges for restaurants and breweries as a result of the Pandemic. This provision recognizes this expansion of alcoholic beverages “to- go” as allowed by the State and allows such privileges for restaurants, breweries, etc. consistent with ABC requirements to continue through the term of this IZO. Temporary Suspension of Certain Zoning Regulations The interim zoning regulations suspend certain provisions of the City’s Zoning Ordinance, 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 uses permitted under the interim zoning regulations as well as Santa Monica Municipal Code Chapter 6.40, Santa Monica Outdoors Pilot Program. Since the adoption of Emergency IZO 2704, the City Council adopted Santa Monica Municipal Code Chapter 6.42, Santa Monica Outdoors Parklet Program. The proposed Emergency Interim Zoning Ordinance includes a suspension of Zoning Ordinance provisions to the extent necessary to accommodate the provisions of Chapter 6.42 as well. Environmental Review The proposed Emergency IZO extension to continue allowing temporary outdoor use of private property and zoning changes to aid in economic recovery are exempt from the provisions of the California Environmental Quality Act (CEQA) pursuant to Section 15061(b)(3) of the State Implementation Guidelines (common sense exemption). Based on the evidence in the record, it can be seen with certainty that there is no possibility that the proposed changes may have a significant effect on the environment. The proposal would not result in adverse physical environmental effects since such uses are compatible with surrounding commercial uses, would not create hazards or adverse health effects to any sensitive residential uses, and are permitted land uses in the Zoning Ordinance or have been permitted in many areas of the City for over a year. Therefore, no further environmental review under CEQA is required. 10.C Packet Pg. 201 5 of 6 Past Council Actions Meeting Date Description 06/08/21 Adoption of Emergency Interim Zoning Ordinance 2674 extending temporary uses of private outdoor space for commercial activity and extending certain zoning changes necessary for continued emergency response and economic recovery. 07/27/21 Extended Emergency Interim Zoning Ordinance 2674 through June 30, 2022. 05/10/22 Extended Emergency Interim Zoning Ordinance 2678 through December 21, 2022. On June 8, 2021, Council also adopted Emergency Ordinance 2673 (CCS) through June 30, 2022, which established Santa Monica Municipal Code Chapter 6.40 to authorize the continuation of the Santa Monica Outdoors program on streets and sidewalks; authorized fee waivers in support of the program until January 1, 2022; and gave direction to initiate the Main Street closure pilot program. On July 27, 2021, Council extended Emergency IZO 2674, establishing Emergency IZO 2678 through June 30, 2022 to align with the expiration of the Santa Monica Outdoors program on streets and sidewalks. On May 10, 2022, the Council further extended Emergency IZO 2678 through December 31, 2022 and established a separate review path for the private outdoor space program from the Santa Monica Outdoors program on streets and sidewalks. Financial Impacts and Budget Actions There is no immediate financial impact or budget action necessary as a result of the recommended action. 10.C Packet Pg. 202 6 of 6 Prepared By: Steve Mizokami, Senior Planner Approved Forwarded to Council Attachments: A. CDD-Ord-LifeOutdoorsIZO3dExtension-101122 B. Ord 2678 (7-27-21) C. Ord 2704 (5-10-22) D. PowerPoint Presentation 10.C Packet Pg. 203 1 City Council Meeting: October 11, 2022 Santa Monica, California ORDINANCE NUMBER_________(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) AND EXTENDED AND AMENDED BY EMERGENCY INTERIM ZONING ORDINANCES 2678 AND 2704 (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, 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 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 10.C.a Packet Pg. 204 Attachment: CDD-Ord-LifeOutdoorsIZO3dExtension-101122 [Revision 1] (5201 : Extension of IZO 2704 (CCS) Temporary Use of Private Outdoor 2 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 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 10.C.a Packet Pg. 205 Attachment: CDD-Ord-LifeOutdoorsIZO3dExtension-101122 [Revision 1] (5201 : Extension of IZO 2704 (CCS) Temporary Use of Private Outdoor 3 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 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 10.C.a Packet Pg. 206 Attachment: CDD-Ord-LifeOutdoorsIZO3dExtension-101122 [Revision 1] (5201 : Extension of IZO 2704 (CCS) Temporary Use of Private Outdoor 4 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 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 10.C.a Packet Pg. 207 Attachment: CDD-Ord-LifeOutdoorsIZO3dExtension-101122 [Revision 1] (5201 : Extension of IZO 2704 (CCS) Temporary Use of Private Outdoor 5 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 WHEREAS, the City issued approximately 70 permits to use private outdoor space pursuant to the Third Revised Eighteenth, Twenty-Eighth, and Thirty-Third Supplements; and 10.C.a Packet Pg. 208 Attachment: CDD-Ord-LifeOutdoorsIZO3dExtension-101122 [Revision 1] (5201 : Extension of IZO 2704 (CCS) Temporary Use of Private Outdoor 6 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 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 10.C.a Packet Pg. 209 Attachment: CDD-Ord-LifeOutdoorsIZO3dExtension-101122 [Revision 1] (5201 : Extension of IZO 2704 (CCS) Temporary Use of Private Outdoor 7 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 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 10.C.a Packet Pg. 210 Attachment: CDD-Ord-LifeOutdoorsIZO3dExtension-101122 [Revision 1] (5201 : Extension of IZO 2704 (CCS) Temporary Use of Private Outdoor 8 WHEREAS, on July 27, 2021, the City Council adopted Emergency Interim Zoning Ordinance Number 2678 (CCS) extending the interim zoning regulations established by Emergency IZO 2674 (the “interim zoning regulations”) until June 30, 2022; and WHEREAS, on December 31, 2021, the Notice of Regulatory Relief expired, including provisions authorizing off-site sales of alcoholic beverages by restaurants, and flexibility in retail sales of alcoholic beverages; and WHEREAS, on January 1, 2022, SB 389 became effective, which extends authority for off-site sales of alcoholic beverages by restaurants; and WHEREAS, on May 10, 2022, the City Council adopted Emergency Interim Zoning Ordinance Number 2704 (CCS), extending the interim zoning regulations and making certain amendments to remove flexibility in retail sales of alcoholic beverages due to the expiration of the Notice of Regulatory Relief and update regulations permitting offsite sale of alcoholic beverages by restaurants for consistency with SB 389; and WHEREAS, on May 24, 2022, the City Council Ordinance Number (2705) to extend the provisions of Chapter 6.40, Santa Monica Outdoors Pilot Program, to September 30, 2022, unless otherwise extended or terminated earlier by the City at its discretion and consistent with any noticing requirements set forth in administrative regulations or any licensing agreement between the City and an eligible business; and WHEREAS, on July 12, 2022, the City Council adopted Ordinance Number 2708 (CCS), adding Santa Monica Municipal Code Chapter 6.42, Santa Monica Outdoors Parklet Program, to authorize the Director of Community Development to issue parklet permits and license agreement with eligible businesses, including businesses that were previously issued permits in accordance with Chapter 6.40; and 10.C.a Packet Pg. 211 Attachment: CDD-Ord-LifeOutdoorsIZO3dExtension-101122 [Revision 1] (5201 : Extension of IZO 2704 (CCS) Temporary Use of Private Outdoor 9 WHEREAS, the interim zoning regulations support 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 the interim zoning regulations, the Santa Monica Outdoors Pilot Program and the Santa Monica Outdoors Parklet Program; and WHEREAS, currently, and in accordance with the interim zoning regulations, 94 local businesses are using a Temporary Outdoor Use Permit to conduct retail, restaurant, and fitness activities on private outdoor property—surface parking lots, courtyards, and other spaces on associated privately-owned commercial property—to help offset any pandemic-related indoor use restrictions or accommodate customer preference of being outdoors; and WHEREAS, the interim zoning regulations have been a critical component of the City’s response to sustain businesses in Santa Monica during the COVID-19 pandemic as well as to allow for certain zoning changes to support emergency response and economic recovery; 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 10.C.a Packet Pg. 212 Attachment: CDD-Ord-LifeOutdoorsIZO3dExtension-101122 [Revision 1] (5201 : Extension of IZO 2704 (CCS) Temporary Use of Private Outdoor 10 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 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 pursuant to this emergency interim zoning ordinance is necessary to protect the public health, safety, and welfare. 10.C.a Packet Pg. 213 Attachment: CDD-Ord-LifeOutdoorsIZO3dExtension-101122 [Revision 1] (5201 : Extension of IZO 2704 (CCS) Temporary Use of Private Outdoor 11 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 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 10.C.a Packet Pg. 214 Attachment: CDD-Ord-LifeOutdoorsIZO3dExtension-101122 [Revision 1] (5201 : Extension of IZO 2704 (CCS) Temporary Use of Private Outdoor 12 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. 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 10.C.a Packet Pg. 215 Attachment: CDD-Ord-LifeOutdoorsIZO3dExtension-101122 [Revision 1] (5201 : Extension of IZO 2704 (CCS) Temporary Use of Private Outdoor 13 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 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. 10.C.a Packet Pg. 216 Attachment: CDD-Ord-LifeOutdoorsIZO3dExtension-101122 [Revision 1] (5201 : Extension of IZO 2704 (CCS) Temporary Use of Private Outdoor 14 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 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, 10.C.a Packet Pg. 217 Attachment: CDD-Ord-LifeOutdoorsIZO3dExtension-101122 [Revision 1] (5201 : Extension of IZO 2704 (CCS) Temporary Use of Private Outdoor 15 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. 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 10.C.a Packet Pg. 218 Attachment: CDD-Ord-LifeOutdoorsIZO3dExtension-101122 [Revision 1] (5201 : Extension of IZO 2704 (CCS) Temporary Use of Private Outdoor 16 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 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 California Business and Professions Code 10.C.a Packet Pg. 219 Attachment: CDD-Ord-LifeOutdoorsIZO3dExtension-101122 [Revision 1] (5201 : Extension of IZO 2704 (CCS) Temporary Use of Private Outdoor 17 Section 23401.5 related to selling alcoholic beverages for off-sale consumption; and 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. 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, 2023December 31, 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. 10.C.a Packet Pg. 220 Attachment: CDD-Ord-LifeOutdoorsIZO3dExtension-101122 [Revision 1] (5201 : Extension of IZO 2704 (CCS) Temporary Use of Private Outdoor 18 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 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. 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, and Santa Monica Municipal Code Chapter 6.42, Santa Monica Outdoors Parklet 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 10.C.a Packet Pg. 221 Attachment: CDD-Ord-LifeOutdoorsIZO3dExtension-101122 [Revision 1] (5201 : Extension of IZO 2704 (CCS) Temporary Use of Private Outdoor 19 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 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 10.C.a Packet Pg. 222 Attachment: CDD-Ord-LifeOutdoorsIZO3dExtension-101122 [Revision 1] (5201 : Extension of IZO 2704 (CCS) Temporary Use of Private Outdoor 20 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 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, 2023 unless it is otherwise extended pursuant to Santa Monica Municipal Code Section 9.46.090(C). APPROVED AS TO FORM: _______________________ DOUGLAS SLOAN City Attorney 10.C.a Packet Pg. 223 Attachment: CDD-Ord-LifeOutdoorsIZO3dExtension-101122 [Revision 1] (5201 : Extension of IZO 2704 (CCS) Temporary Use of Private Outdoor 1 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 DocuSign Envelope ID: 01ED5CF1-C78E-4E94-8C69-873658C3B0C2 10.C.b Packet Pg. 224 Attachment: Ord 2678 (7-27-21) (5201 : Extension of IZO 2704 (CCS) Temporary Use of Private Outdoor Space (20 mins)) 2 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 DocuSign Envelope ID: 01ED5CF1-C78E-4E94-8C69-873658C3B0C2 10.C.b Packet Pg. 225 Attachment: Ord 2678 (7-27-21) (5201 : Extension of IZO 2704 (CCS) Temporary Use of Private Outdoor Space (20 mins)) 3 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 DocuSign Envelope ID: 01ED5CF1-C78E-4E94-8C69-873658C3B0C2 10.C.b Packet Pg. 226 Attachment: Ord 2678 (7-27-21) (5201 : Extension of IZO 2704 (CCS) Temporary Use of Private Outdoor Space (20 mins)) 4 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 DocuSign Envelope ID: 01ED5CF1-C78E-4E94-8C69-873658C3B0C2 10.C.b Packet Pg. 227 Attachment: Ord 2678 (7-27-21) (5201 : Extension of IZO 2704 (CCS) Temporary Use of Private Outdoor Space (20 mins)) 5 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 DocuSign Envelope ID: 01ED5CF1-C78E-4E94-8C69-873658C3B0C2 10.C.b Packet Pg. 228 Attachment: Ord 2678 (7-27-21) (5201 : Extension of IZO 2704 (CCS) Temporary Use of Private Outdoor Space (20 mins)) 6 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 DocuSign Envelope ID: 01ED5CF1-C78E-4E94-8C69-873658C3B0C2 10.C.b Packet Pg. 229 Attachment: Ord 2678 (7-27-21) (5201 : Extension of IZO 2704 (CCS) Temporary Use of Private Outdoor Space (20 mins)) 7 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 DocuSign Envelope ID: 01ED5CF1-C78E-4E94-8C69-873658C3B0C2 10.C.b Packet Pg. 230 Attachment: Ord 2678 (7-27-21) (5201 : Extension of IZO 2704 (CCS) Temporary Use of Private Outdoor Space (20 mins)) 8 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 DocuSign Envelope ID: 01ED5CF1-C78E-4E94-8C69-873658C3B0C2 10.C.b Packet Pg. 231 Attachment: Ord 2678 (7-27-21) (5201 : Extension of IZO 2704 (CCS) Temporary Use of Private Outdoor Space (20 mins)) 9 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 DocuSign Envelope ID: 01ED5CF1-C78E-4E94-8C69-873658C3B0C2 10.C.b Packet Pg. 232 Attachment: Ord 2678 (7-27-21) (5201 : Extension of IZO 2704 (CCS) Temporary Use of Private Outdoor Space (20 mins)) 10 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. DocuSign Envelope ID: 01ED5CF1-C78E-4E94-8C69-873658C3B0C2 10.C.b Packet Pg. 233 Attachment: Ord 2678 (7-27-21) (5201 : Extension of IZO 2704 (CCS) Temporary Use of Private Outdoor Space (20 mins)) 11 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 DocuSign Envelope ID: 01ED5CF1-C78E-4E94-8C69-873658C3B0C2 10.C.b Packet Pg. 234 Attachment: Ord 2678 (7-27-21) (5201 : Extension of IZO 2704 (CCS) Temporary Use of Private Outdoor Space (20 mins)) 12 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 DocuSign Envelope ID: 01ED5CF1-C78E-4E94-8C69-873658C3B0C2 10.C.b Packet Pg. 235 Attachment: Ord 2678 (7-27-21) (5201 : Extension of IZO 2704 (CCS) Temporary Use of Private Outdoor Space (20 mins)) 13 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. DocuSign Envelope ID: 01ED5CF1-C78E-4E94-8C69-873658C3B0C2 10.C.b Packet Pg. 236 Attachment: Ord 2678 (7-27-21) (5201 : Extension of IZO 2704 (CCS) Temporary Use of Private Outdoor Space (20 mins)) 14 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 DocuSign Envelope ID: 01ED5CF1-C78E-4E94-8C69-873658C3B0C2 10.C.b Packet Pg. 237 Attachment: Ord 2678 (7-27-21) (5201 : Extension of IZO 2704 (CCS) Temporary Use of Private Outdoor Space (20 mins)) 15 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 DocuSign Envelope ID: 01ED5CF1-C78E-4E94-8C69-873658C3B0C2 10.C.b Packet Pg. 238 Attachment: Ord 2678 (7-27-21) (5201 : Extension of IZO 2704 (CCS) Temporary Use of Private Outdoor Space (20 mins)) 16 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 DocuSign Envelope ID: 01ED5CF1-C78E-4E94-8C69-873658C3B0C2 10.C.b Packet Pg. 239 Attachment: Ord 2678 (7-27-21) (5201 : Extension of IZO 2704 (CCS) Temporary Use of Private Outdoor Space (20 mins)) 17 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 DocuSign Envelope ID: 01ED5CF1-C78E-4E94-8C69-873658C3B0C2 10.C.b Packet Pg. 240 Attachment: Ord 2678 (7-27-21) (5201 : Extension of IZO 2704 (CCS) Temporary Use of Private Outdoor Space (20 mins)) 18 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 DocuSign Envelope ID: 01ED5CF1-C78E-4E94-8C69-873658C3B0C2 10.C.b Packet Pg. 241 Attachment: Ord 2678 (7-27-21) (5201 : Extension of IZO 2704 (CCS) Temporary Use of Private Outdoor Space (20 mins)) 19 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 DocuSign Envelope ID: 01ED5CF1-C78E-4E94-8C69-873658C3B0C2 10.C.b Packet Pg. 242 Attachment: Ord 2678 (7-27-21) (5201 : Extension of IZO 2704 (CCS) Temporary Use of Private Outdoor Space (20 mins)) 20 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 DocuSign Envelope ID: 01ED5CF1-C78E-4E94-8C69-873658C3B0C2 10.C.b Packet Pg. 243 Attachment: Ord 2678 (7-27-21) (5201 : Extension of IZO 2704 (CCS) Temporary Use of Private Outdoor Space (20 mins)) 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 10.C.b Packet Pg. 244 Attachment: Ord 2678 (7-27-21) (5201 : Extension of IZO 2704 (CCS) Temporary Use of Private Outdoor Space (20 mins)) 1 City Council Meeting: May 10, 2022 Santa Monica, California ORDINANCE NUMBER 2704 (CCS) (City Council Series) AN EMERGENCY INTERIM ZONING ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA AMENDING AND EXTENDING INTERIM ZONING REGULATIONS ESTABLISHED BY EMERGENCY INTERIM ZONING ORDINANCE NUMBER 2674 (CCS) AND EXTENDED BY EMERGENCY INTERIM ZONING ORDINANCE 2678 (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, 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 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 DocuSign Envelope ID: 620CC560-C84C-430C-9B20-84FC4B46A81C 10.C.c Packet Pg. 245 Attachment: Ord 2704 (5-10-22) (5201 : Extension of IZO 2704 (CCS) Temporary Use of Private Outdoor Space (20 mins)) 2 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 WHEREAS, on May 29, 2020, the Director of Emergency Services issued an Eighteenth Supplement to the Executive Order, which, among other things, authorized DocuSign Envelope ID: 620CC560-C84C-430C-9B20-84FC4B46A81C 10.C.c Packet Pg. 246 Attachment: Ord 2704 (5-10-22) (5201 : Extension of IZO 2704 (CCS) Temporary Use of Private Outdoor Space (20 mins)) 3 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 WHEREAS, the Second Revised Eighteenth Supplement also authorized Business Improvement Districts and individual eligible businesses that have obtained a DocuSign Envelope ID: 620CC560-C84C-430C-9B20-84FC4B46A81C 10.C.c Packet Pg. 247 Attachment: Ord 2704 (5-10-22) (5201 : Extension of IZO 2704 (CCS) Temporary Use of Private Outdoor Space (20 mins)) 4 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 businesses of their operations into unused portions of the parking lane on Main Street DocuSign Envelope ID: 620CC560-C84C-430C-9B20-84FC4B46A81C 10.C.c Packet Pg. 248 Attachment: Ord 2704 (5-10-22) (5201 : Extension of IZO 2704 (CCS) Temporary Use of Private Outdoor Space (20 mins)) 5 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 DocuSign Envelope ID: 620CC560-C84C-430C-9B20-84FC4B46A81C 10.C.c Packet Pg. 249 Attachment: Ord 2704 (5-10-22) (5201 : Extension of IZO 2704 (CCS) Temporary Use of Private Outdoor Space (20 mins)) 6 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 DocuSign Envelope ID: 620CC560-C84C-430C-9B20-84FC4B46A81C 10.C.c Packet Pg. 250 Attachment: Ord 2704 (5-10-22) (5201 : Extension of IZO 2704 (CCS) Temporary Use of Private Outdoor Space (20 mins)) 7 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 DocuSign Envelope ID: 620CC560-C84C-430C-9B20-84FC4B46A81C 10.C.c Packet Pg. 251 Attachment: Ord 2704 (5-10-22) (5201 : Extension of IZO 2704 (CCS) Temporary Use of Private Outdoor Space (20 mins)) 8 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, on July 27, 2021, the City Council adopted Emergency Interim Zoning Ordinance Number 2678 (CCS) extending the interim zoning regulations established by Emergency IZO 2674 (the “interim zoning regulations”) until June 30, 2022; and WHEREAS, on December 31, 2021, the Notice of Regulatory Relief expired, including provisions authorizing off-site sales of alcoholic beverages by restaurants, and flexibility in retail sales of alcoholic beverages; and WHEREAS, on January 1, 2022, SB 389 became effective, which extends authority for off-site sales of alcoholic beverages by restaurants; and WHEREAS, the interim zoning regulations support 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, currently, and in accordance with the interim zoning regulations, 87 local businesses are using a Temporary Outdoor Use Permit to conduct retail, restaurant, and fitness activities on private outdoor property—surface parking lots, courtyards, and other spaces on associated privately-owned commercial property—to help offset any pandemic-related indoor use restrictions or accommodate customer preference of being outdoors; and DocuSign Envelope ID: 620CC560-C84C-430C-9B20-84FC4B46A81C 10.C.c Packet Pg. 252 Attachment: Ord 2704 (5-10-22) (5201 : Extension of IZO 2704 (CCS) Temporary Use of Private Outdoor Space (20 mins)) 9 WHEREAS, the interim zoning regulations have been a critical component of the City’s response to sustain businesses in Santa Monica during the COVID-19 pandemic as well as to allow for certain zoning changes to support emergency response and economic recovery; 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 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 DocuSign Envelope ID: 620CC560-C84C-430C-9B20-84FC4B46A81C 10.C.c Packet Pg. 253 Attachment: Ord 2704 (5-10-22) (5201 : Extension of IZO 2704 (CCS) Temporary Use of Private Outdoor Space (20 mins)) 10 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 established by Emergency IZO 2674 and extended by Emergency IZO 2678 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 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 DocuSign Envelope ID: 620CC560-C84C-430C-9B20-84FC4B46A81C 10.C.c Packet Pg. 254 Attachment: Ord 2704 (5-10-22) (5201 : Extension of IZO 2704 (CCS) Temporary Use of Private Outdoor Space (20 mins)) 11 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. 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). DocuSign Envelope ID: 620CC560-C84C-430C-9B20-84FC4B46A81C 10.C.c Packet Pg. 255 Attachment: Ord 2704 (5-10-22) (5201 : Extension of IZO 2704 (CCS) Temporary Use of Private Outdoor Space (20 mins)) 12 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 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 DocuSign Envelope ID: 620CC560-C84C-430C-9B20-84FC4B46A81C 10.C.c Packet Pg. 256 Attachment: Ord 2704 (5-10-22) (5201 : Extension of IZO 2704 (CCS) Temporary Use of Private Outdoor Space (20 mins)) 13 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 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: DocuSign Envelope ID: 620CC560-C84C-430C-9B20-84FC4B46A81C 10.C.c Packet Pg. 257 Attachment: Ord 2704 (5-10-22) (5201 : Extension of IZO 2704 (CCS) Temporary Use of Private Outdoor Space (20 mins)) 14 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. 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, DocuSign Envelope ID: 620CC560-C84C-430C-9B20-84FC4B46A81C 10.C.c Packet Pg. 258 Attachment: Ord 2704 (5-10-22) (5201 : Extension of IZO 2704 (CCS) Temporary Use of Private Outdoor Space (20 mins)) 15 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 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: DocuSign Envelope ID: 620CC560-C84C-430C-9B20-84FC4B46A81C 10.C.c Packet Pg. 259 Attachment: Ord 2704 (5-10-22) (5201 : Extension of IZO 2704 (CCS) Temporary Use of Private Outdoor Space (20 mins)) 16 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 California Business and Professions Code Section 23401.5 related to selling alcoholic beverages for off-sale consumption 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 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 DocuSign Envelope ID: 620CC560-C84C-430C-9B20-84FC4B46A81C 10.C.c Packet Pg. 260 Attachment: Ord 2704 (5-10-22) (5201 : Extension of IZO 2704 (CCS) Temporary Use of Private Outdoor Space (20 mins)) 17 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 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 DocuSign Envelope ID: 620CC560-C84C-430C-9B20-84FC4B46A81C 10.C.c Packet Pg. 261 Attachment: Ord 2704 (5-10-22) (5201 : Extension of IZO 2704 (CCS) Temporary Use of Private Outdoor Space (20 mins)) 18 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 December 31, 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 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. DocuSign Envelope ID: 620CC560-C84C-430C-9B20-84FC4B46A81C 10.C.c Packet Pg. 262 Attachment: Ord 2704 (5-10-22) (5201 : Extension of IZO 2704 (CCS) Temporary Use of Private Outdoor Space (20 mins)) 19 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 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 DocuSign Envelope ID: 620CC560-C84C-430C-9B20-84FC4B46A81C 10.C.c Packet Pg. 263 Attachment: Ord 2704 (5-10-22) (5201 : Extension of IZO 2704 (CCS) Temporary Use of Private Outdoor Space (20 mins)) 20 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 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 DocuSign Envelope ID: 620CC560-C84C-430C-9B20-84FC4B46A81C 10.C.c Packet Pg. 264 Attachment: Ord 2704 (5-10-22) (5201 : Extension of IZO 2704 (CCS) Temporary Use of Private Outdoor Space (20 mins)) 21 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 December 31, 2022 unless it is otherwise extended pursuant to Santa Monica Municipal Code Section 9.46.090(C). APPROVED AS TO FORM: _______________________ SUSAN Y. COLA Interim City Attorney DocuSign Envelope ID: 620CC560-C84C-430C-9B20-84FC4B46A81C 10.C.c Packet Pg. 265 Attachment: Ord 2704 (5-10-22) (5201 : Extension of IZO 2704 (CCS) Temporary Use of Private Outdoor Space (20 mins)) Approved and adopted this 10th day of May, 2022. _____________________________ Kristin McCowan, Mayor Pro Tem 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. 2704 (CCS) had its introduction and adoption at the Santa Monica City Council meeting held on May 10, 2022, by the following vote: AYES: Councilmembers Davis, Negrete, Brock, de la Torre Mayor Pro Tem McCowan NOES: None ABSENT: Councilmember Parra, Mayor Himmelrich ATTEST: _____________________________________ _________________ Denise Anderson-Warren, City Clerk Date A summary of Ordinance No. 2704 (CCS) was duly published pursuant to California Government Code Section 40806. DocuSign Envelope ID: 620CC560-C84C-430C-9B20-84FC4B46A81C 5/19/2022 10.C.c Packet Pg. 266 Attachment: Ord 2704 (5-10-22) (5201 : Extension of IZO 2704 (CCS) Temporary Use of Private Outdoor Space (20 mins)) CITY OF SANTA MONICA Santa Monica Economic Recovery IZO Extension PRIVATE OUTDOOR SPACE & ZONING AMENDMENTS October 11, 2022 10.C.d Packet Pg. 267 Attachment: PowerPoint Presentation (5201 : Extension of IZO 2704 (CCS) Temporary Use Extension of IZO 2704 •May 10, 2022 •City Council Extended Emergency IZO 2678 through 12/31/22 •Extended Temporary Use of Outdoor Space on Private Property •Extended Zoning Changes necessary for continued Economic Recovery. 10.C.d Packet Pg. 268 Attachment: PowerPoint Presentation (5201 : Extension of IZO 2704 (CCS) Temporary Use Economic Recovery Zoning Extensions Temporary Outdoor Use of Private Property »Outdoor Dining | Retail | Fitness | Personal Services »Surface Parking Lots | Other Open Space Areas Emergency Response & Economic Recovery »Temporarily allow Public Safety Facilities and Emergency Shelters in all Zones »Temporarily allow Drive-Through Facilities (COVID Testing + Vaccination Sites) Continued Economic Recovery »Allow Temporary Uses supportive of Economic Recovery (up to 6 months) »Off-Site Restaurant Alcohol Sales and Retail Alcohol Sales 10.C.d Packet Pg. 269 Attachment: PowerPoint Presentation (5201 : Extension of IZO 2704 (CCS) Temporary Use Staff Recommendation Extend IZO 2704 Through June 30, 2023 Temporary Use of Private Outdoor Space Zoning Changes to Support Emergency Response + Economic Recovery Spring 2023: Staff Return to Council Permanent Private Outdoor Space Program with evaluation on the temporary land uses contained in the IZO. 10.C.d Packet Pg. 270 Attachment: PowerPoint Presentation (5201 : Extension of IZO 2704 (CCS) Temporary Use Outdoor Community Events Source: secretlosangeles.com 10.C.d Packet Pg. 271 Attachment: PowerPoint Presentation (5201 : Extension of IZO 2704 (CCS) Temporary Use