SR 09-13-2022 10B
City Council
Report
City Council Meeting: September 13, 2022
Agenda Item: 10.B
1 of 1
To: Mayor and City Council
From: Douglas Sloan, City Attorney, City Attorney's Office, Administration
Subject: Second Reading and Adoption of an Ordinance modifying City Sidewalk
Vending to Allow for Stationary Vending with 100-500 Foot Perimeter to
Santa Monica Pier by Permitted Vendors
Recommended Action
Staff recommends that City Council adopt the attached Ordinance.
Executive Summary
At its meeting on August 23, 2022, the City Council introduced for first reading an
ordinance to modify City sidewalk vending to allow for stationary vending within a 100-
500 foot perimeter of the Santa Monica Pier by permitted vendors. The ordinance is
now presented to City Council for adoption.
Prepared By: Bradley Michaud, Legal Operations Coordinator
Approved
Forwarded to Council
Attachments:
A. ORD-ord-2nd-Vending
10.B
Packet Pg. 423
City Council Meeting: September 13, 2022 Santa Monica, California
ORDINANCE NUMBER ____ (CCS)
(City Council Series)
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA
AMENDING SANTA MONICA MUNICIPAL CODE SECTIONS 6.36.040 TO EXPAND
OPPORTUNITIES FOR STATIONARY VENDING IN PALISADES PARK
WHEREAS, on September 17, 2018, California Governor Edmund Gerald Brown
signed Senate Bill (“SB”) 946 into law, which regulates and decriminalizes certain
sidewalk vending activities; and
WHEREAS, the City undertook an extensive review of vending activities in light of
SB 946; and
WHEREAS, on April 9, 2019, the City Council adopted Ordinance Number 2607
(CCS), amending Chapter 6.36 to the Santa Monica Municipal Code to adopt a
comprehensive vending regulatory program, pursuant to the City’s constitutionally
authorized charter city police powers and consistent with authorities granted by SB 946;
and
WHEREAS, due to the public health, safety, and welfare concerns with vending in
Palisades Park, Chapter 6.36, as amended in April 2019, prohibited stationary vending in
any portion of Palisades Park within 500 feet of the Ocean Avenue entrance point to the
Pier bridge, but allowed roaming sidewalk vending to take place; and
WHEREAS, Palisades Park, situated between the Pacific Ocean, the Pier bridge,
and the City’s bustling downtown, is the crown jewel of the City’s park system and is the
most heavily utilized; and
10.B.a
Packet Pg. 424 Attachment: ORD-ord-2nd-Vending (5337 : Vending Ordinance - Second Reading)
WHEREAS, Palisades Park sits along the edge of the bluffs overlooking the Pacific
Ocean providing spectacular and unparalleled views of the coastline; and
WHEREAS, based on Palisades Park’s unique aesthetic qualities and unmatched
scenic beauty, the City designated the Park as a local Landmark; and
WHEREAS, circulation within Palisades Park is limited because it is extremely
narrow, and is physically surrounded by downtown streets on three sides and tall bluffs
on the fourth;
WHEREAS, the intensity and variety of Palisades Park necessitates regulation to
avoid safety hazards and conflicts; and
WHEREAS, ensuring the free flow of pedestrian traffic is particularly important to
the safety of the elderly, the very young, the disabled, vision-impaired persons, and others
who are less able to navigate through crowds and around obstacles or hazards and who
are particularly impacted by having to navigate off and onto curbs when sidewalks or
pedestrian paths are blocked; and
WHEREAS, hindrances to the free flow of pedestrian traffic, particularly in the
City’s congested public places, such as Palisades Park, may interfere with the work of
public safety personnel seeking immediate access to emergency situations and with other
work vital to the public health and safety, such as cleaning and maintenance; and
WHEREAS, because the space available at Palisades Park is limited and heavily
utilized, special efforts must be undertaken to maintain it and facilitate their shared use
and availability to all; and
WHEREAS, on February 22, 2022, the City Council held a study session on
sidewalk vending at which, among other things, Council heard from the Pier Vending Task
10.B.a
Packet Pg. 425 Attachment: ORD-ord-2nd-Vending (5337 : Vending Ordinance - Second Reading)
Force and various members of the public regarding potential options for allowing vending
in Palisades Park near the Pier; and
WHEREAS, since the February 2022 study session, City staff has been studying
mechanisms to allow for limited stationary vending within the first 100 to 500 feet of the
Ocean Avenue entrance to the Pier in Palisades Park while not presenting the
aforementioned public health and safety hazards; and
WHEREAS, City Council now desires to amend Santa Monica Municipal Code
Section to authorize stationary vending in designated locations within the first 100 to 500
feet of the Ocean Avenue entrance to the Pier in Palisades Park subject to any rotation,
spacing, lottery, and similar requirements set forth in administrative regulations.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SANTA MONICA
DOES HEREBY ORDAIN AS FOLLOWS:
SECTION 1. Santa Monica Municipal Code Section 6.36.040 Restricted vending
times and locations, is hereby amended to read as follows:
6.36.040 Restricted vending times and locations.
(a) Unless otherwise expressly authorized by or with the consent of the City,
no person shall vend on or within, any private property, the Santa Monica
Pier, a certified farmers’ market, a permitted community event, a permitted
filming activity, a bikepath, a street, a driveway, or a public parking lot.
(b) No stationary sidewalk vendor shall vend within:
(1) Twenty-five feet of the Third Street Promenade;
(2) The Transit Mall;
(3) The Beach;
10.B.a
Packet Pg. 426 Attachment: ORD-ord-2nd-Vending (5337 : Vending Ordinance - Second Reading)
(4) Any area exclusively zoned for residential uses;
(5) The 1700 block of Ocean Front Walk;
(6) Any portion of Palisades Park that is within five hundred feet of the
Ocean Avenue entrance point to the Pier bridge, except within any
designated stationary vending spaces identified in the
administrative regulations and in compliance with any rotation,
lottery, or other similar requirements established by administrative
regulations applicable to such spaces; or
(7) Any City park during the hours that an exclusive concessionaire is
open and operating pursuant to an agreement with the City or other
operator of the park.
(c) No roaming sidewalk vendor shall vend in an area exclusively zoned for
residential uses or on a sidewalk or pedestrian path directly adjacent to
such an area between the hours of nine p.m. and eight a.m.
(d) No vehicle vendor shall vend on Main Street between Ocean Park
Boulevard and the City’s southern boundary between the hours of one
a.m. and three a.m. on a Saturday, a Sunday, St. Patrick’s Day,
Valentine’s Day, Cinco De Mayo Day, Memorial Day, Independence Day,
Labor Day, Halloween, or New Year’s Day.
(e) The City Manager or designee may adopt administrative regulations
imposing additional requirements consistent with this Chapter and all other
applicable laws in order to regulate the time, place, and manner of
vending.
10.B.a
Packet Pg. 427 Attachment: ORD-ord-2nd-Vending (5337 : Vending Ordinance - Second Reading)
SECTION 2. Any provision of the Santa Monica Municipal Code or appendices
thereto inconsistent with the provisions of this Ordinance, to the extent of such
inconsistencies and no further, is hereby repealed or modified to that extent necessary
to effect the provisions of this Ordinance.
SECTION 3. If any section, subsection, sentence, clause, or phrase of this
Ordinance is for any reason held to be invalid or unconstitutional by a decision of any
court of competent jurisdiction, such decision shall not affect the validity of the
remaining portions of this Ordinance. The City Council hereby declares that it would
have passed this Ordinance and each and every section, subsection, sentence, clause,
or phrase not declared invalid or unconstitutional without regard to whether any portion
of the ordinance would be subsequently declared invalid or unconstitutional.
SECTION 4. The Mayor shall sign and the City Clerk shall attest to the passage
of this ordinance. The City Clerk shall cause the same to be published once in the
official newspaper within 15 days after its adoption. This Ordinance shall become
effective 30 days from its adoption.
APPROVED AS TO FORM:
_______________________
Douglas Sloan, City Attorney
10.B.a
Packet Pg. 428 Attachment: ORD-ord-2nd-Vending (5337 : Vending Ordinance - Second Reading)