SR 05-10-2022 7B
City Council
Report
City Council Meeting: May 10, 2022
Agenda Item: 7.B
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To: Mayor and City Council
From: David Martin, Director, Administration
Subject: Introduction and First Reading of Ordinance Extending Santa Monica
Municipal Code Chapter 6.40, Santa Monica Outdoors Pilot Program;
Introduction and Adoption of Emergency Interim Zoning Ordinance Changes
to Support Santa Monica's Economic Recovery; and Adoption of Resolution
Related to Fee Waivers and Reductions
Recommended Action
Staff recommends that the City Council:
1. Introduce for first reading an ordinance to amend Santa Monica Municipal Code
Chapter 6.40 Santa Monica Outdoors Pilot Program by extending the term of the
pilot program through September 30, 2022.
2. Adopt a resolution to authorize the extension of fee waivers or, if applicable,
reductions, through September 30, 2022 for monthly outdoor dining license fees,
monthly licensing fees for businesses with permits under Santa Monica Municipal
Code Chapter 6.40, outdoor fitness fees in City Parks and the Beach, and certain
temporary use permits.
3. Introduce and adopt an Emergency Interim Zoning Ordinance amending and
extending interim zoning regulations established by Emergency Interim Zoning
Ordinance Number 2674 (CCS) and extended by Emergency Interim Zoning
Ordinance 2678 authorizing temporary use of private outdoor space for
commercial activity and extending certain zoning changes necessary for
continued emergency response and economic recovery.
Summary
As a response to the COVID-19 pandemic, the City established a temporary outdoor
use permit program allowing businesses to utilize public and private outdoor spaces for
dining, physical fitness and other business uses. All permit and license fees were
waived, including for those businesses that, prior to COVID, had entered into outdoor
dining license agreements in the Santa Monica Sidewalk Dining program pursuant to
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Santa Monica Municipal Code (“SMMC”) Section 9.31.200. These fee waivers are due
to expire on June 30, 2022.
Staff had anticipated that a permanent parklet program with guidelines and a fee
schedule would be in place by June 30, 2022. Staff has engaged a consultant to
evaluate a permanent parklet program that will also include a fee structure. Staff
expects to return to Council on June 28, 2022 with a new program that would be
adopted by ordinance and anticipated to go into effect by late summer.
Staff recommends that Council extend the Santa Monica Outdoors Pilot Program and
related fee waivers through September 30, 2022. Staff also recommends that the
temporary zoning changes allowing the temporary use of private outdoor space for
commercial activity and certain changes necessary for continued emergency response
and economic recovery established by emergency IZO 2678 be extended through
December 31, 2022. These extensions are needed to allow businesses to continue
utilizing the public right-of-way and private outdoor space while staff finalizes a
permanent outdoor program for both public and private spaces.
Discussion
The COVID-19 pandemic resulted in sudden closures and reduction in services
throughout the Santa Monica business community. To enable commerce in accordance
with Health Officer orders, expanded temporary use of outdoor space for business
purposes was established through emergency orders. The types of uses included:
outdoor commercial use on private property, on the sidewalk, in a parklet in the street
adjacent to a sidewalk, or group exercise on private property or in the City’s designated
parks and open space. To facilitate these uses prior to the emergency order
expirations, City Council adopted an ordinance establishing the Santa Monica Outdoors
Pilot Program (“Pilot Program”) as SMMC Chapter 6.40 on June 8, 2021 and adopted a
resolution to waive certain fees for outdoor dining licenses and commercial fitness
operators . (See Attachment B.) An Emergency Interim Zoning Ordinance (“IZO”) was
also adopted on June 8, 2021 (and extended on July 27, 2021) to extend currently
allowed temporary use of private outdoor space for commercial activity that would
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otherwise end 30 days after the expiration of the County’s COVID-19 Health Officer
Order, and further provided for flexibility in various zoning regulations to facilitate
emergency response and further economic recovery. The extended IZO is set to expire
on June 30, 2022.
On December 14, 2021, Council extended these fee waivers through June 30, 2022 for
both monthly outdoor dining license fees under SMMC 9.31.200—the outdoor dining
program predating COVID—and licensing fees for the Pilot Program that were
otherwise set to commence on January 1, 2022. (Attachment A.)
Under the current Fee Resolution, on July 1, 2022, businesses that have either permits
under the Pilot Program or outdoor dining licensing agreements under SMMC 9.31.200
would have to start paying monthly permit/licensing fees. Fees are typically charged for
a business, property owner, or individual exclusively using the public right-of-way. In
addition, quarterly use charges for businesses with Fitness Trainer Permits are set to
resume on June 30, 2022.
Extension of the Santa Monica Outdoors Pilot Program and Fee Waivers for Outdoor
Licenses
The proposed ordinance (Attachment C) and resolution (Attachment D) extends the
Pilot Program and related fee waivers until September 30, 2022. Extending the Pilot
Program until September 30th will allow businesses and their patrons additional time to
enjoy the benefits of outdoor dining, fitness, and other activities during the summer
months, providing for a smoother transition into longer-term operations, and support the
economic recovery efforts of our local business community and neighborhood
commercial districts. Many of our small businesses are still struggling to survive and
work their way out of debt (e.g., deferred rent due to landlords, Federal disaster relief
loan repayments). This extended Pilot Program with fee waivers would provide
substantial support to our small businesses – over 105 participating in the Pilot
Program. Extending the Pilot Program through September 30, 2022, would also provide
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City staff and businesses sufficient time to transition businesses to the new
parklet/sidewalk dining permit and license agreements.
Staff anticipates that a permanent parklet program with guidelines and a fee structure
will be in place this summer, with fees effective October 1, 2022. To further inform this
effort, staff has engaged a consultant to evaluate best practices from other cities for a
permanent parklet program that will include preparation of a parklet manual and a
proposed application fee and annual permit fee structure, striving to balance the City
mandated requirement of cost-recovery associated with staff administrative time and
lost parking revenue, with the expectation that fees will be affordable to many small
businesses in order to support an equitable and inclusive economic recovery. These
fees will be outlined in the proposed Fiscal Year 2022/2023 budget study session on
May 24. On June 28, 2022, the recommended fees would be included as part of the
budget that City Council will be asked to adopt and staff will also be presenting the
proposed parklet program to Council that night with the goal of having the permanent
program in place prior to the expiration of the Santa Monica Outdoors Pilot Program on
September 30, 2022.
Once the parklet policy is adopted, staff will work with the Pilot Program participants
who are interested in long-term outdoor operations under a permit or license agreement
to start applying in July or August for the new parklet permits and/or outdoor dining
license agreements so that by September 30th, they will transition to the longer-term
program with confirmed costs.
Staff also recommends extending the waiver of the outdoor dining license fees under
SMMC 9.31.200—the outdoor dining program predating COVID—through September
30, 2022. (See Attachment D.) Doing so will not only be consistent with the fee waivers
offered for businesses with Pilot Program permits, but it will also provide staff sufficient
time to transition interested businesses with a Pilot Program permit to an outdoor
licensing agreement under SMMC 9.31.200.
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Extension of Outdoor Use of Private Property
Temporary Outdoor Use Permits originally authorized under the City’s emergency
orders also approved the use of private property for outdoor commercial operations.
They have been a critical component of the City’s response to support businesses
during the COVID-19 pandemic as well as to allow for certain zoning changes to
support emergency response and economic recovery. Currently, 87 local businesses
are using a Temporary Outdoor Use Permit issued pursuant to the IZO 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. 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. Similar to rules governing
parklets for the Pilot Program, 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 will continue to develop
appropriate standards considering the size and location of outdoor spaces, parking and
fire accessibility of the site, and noise when abutting residential districts.
To allow businesses to continue to operate on private property, staff recommends that
Council adopt the proposed Emergency Interim Zoning Ordinance, which will extend
this program through December 31, 2022 (Attachment E). On a separate review path
from the parklet program, staff will return to Council in the fall with a proposed outdoor
use program specific to privately-owned property requiring amendments to the Zoning
Ordinance that would enable such program.
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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 (Attachments D
and E) 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 Zoning Ordinance prohibits new drive-through facilities. This special exception is
necessary as requests to establish testing and vaccination sites remain ongoing and
some level of demand is anticipated to continue. 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 period up to 180 days provides flexibility for outdoor
temporary uses supportive of economic recovery efforts and consistent with social
distancing practices during the pandemic recovery along with the associated permit fee
waivers through September 30, 2022.
▪ Off-site alcohol sales for restaurants, consistent with the State Alcoholic
Beverage Control (ABC) requirements:
SB 389, which took effect on January 1, 2022, extended the authorization under
the First Notice of Regulatory Relief issued by the California Department of
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Alcoholic Beverage Control that expired on December 31, 2021 to allow the
expansion of off-sale 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 December 31, 2022.
The Notice of Regulatory Relief authorizing flexibility in retail sales of alcoholic
beverages expired as of December 31, 2021. Staff proposes removing
provisions in the interim zoning regulations allowing for flexibility in retail sales
since that flexibility is no longer authorized by the State.
Extension of Fee Reduction or Waiver for Commercial Fitness Trainers
The permitting of fitness and recreation training in City parks and the beach was also
extended through updates to the existing Fitness Trainer Permit program, as authorized
by SMMC 4.55.030. On June 8, 2021, Council adopted Resolution No. 11339, which,
among other things, waived or reduced the quarterly use charges for businesses with
Fitness Trainer Permits through June 30, 2022. (Attachment B.)
Outdoor fitness classes in City parks and on the beach have maximized a fitness
studio’s or an instructor’s ability to provide recreational training or wellness offerings to
groups of people at a safe distance. Additionally, there has been an increase to group
sizes at Barnard Way-Linear Park and Tongva Park as well as new locations added at
Ken Genser Square, Airport Park parking lot, and Memorial Park, as authorized under
SMMC 4.55.030. As of March 2022, a total of 22 commercial fitness trainers have
obtained a permit to provide instruction in Santa Monica’s parks and beaches. Staff
recommends extending the waiver and reduction of the quarterly use fees through
September 30, 2022 in order to help support our fitness businesses and their economic
recovery. (Attachment D.) The fee waivers or reductions for the Fitness Trainer
Program are otherwise due to expire on June 30, 2022.
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Staff will analyze the Fitness Trainer Permit program and its current fee structure and
will return to Council with a recommendation of new fees that, if approved, would begin
October 1, 2022.
Past Council Actions
Meeting Date Description
12/14/21
(Attachment A)
Adoption of Fee Resolutions to Extend Santa Monica Outdoors
Fee Waiver
06/08/21
(Attachment B)
Resolution Waiving Certain Fees on a Temporary Basis to Further
Stimulate Economic Recovery, Establishing Fees for Santa Monica
Outdoors Pilot Program, and Authorizing the Community
Development Director to Temporarily Close Portions of Main Street
for the Santa Monica Outdoors Pilot Program.
Emergency Interim Zoning Ordinance 2674 (CCS) to extend
temporary uses of private outdoor space for commercial activity
and extend certain zoning changes necessary for continued
emergency response and economic recovery (and as extended by
IZO 2678 (CCS) on 07/27/21.
Financial Impacts and Budget Actions
The financial impact of extending the waiver of fees will result in an estimated $157,479
reduction in Outdoor Dining revenues and a $8,100 reduction in Beach & Park Fitness
permit fee revenues for the first three months of FY 2022-23. However, the revenues for
the remainder of the fiscal year that will be generated as a result of the proposed
permanent Santa Monica Outdoors Program is still unknown. The temporary Santa
Monica Outdoors programs were developed as a crisis response, so it is not certain
how many of the Pilot Program businesses will opt to retain their outdoor operations,
how much space businesses will want to utilize once fees are charged, or how many
new permit applications will be received once the permanent programs are in place.
Additionally, staff anticipates returning to Council on June 28, 2022 with
recommendations for a permanent parklet program, including a fee structure that will go
into effect on October 1, 2022. Once the permanent Santa Monica Outdoor program is
implemented and applications are processed, in early FY 2022-23, revenues can be
projected, and necessary budget adjustments will be included in the FY 2022-23
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Midyear Budget. Staff will set aside as much Economic Recovery funds as possible to
fill any gaps in revenue that the City is not able to recover once the fees are in place.
Prepared By: Jennifer Taylor, Economic Development Adminstrator
Approved
Forwarded to Council
Attachments:
A. 2021.12.14 Council.Report
B. 2021.06.08 Council Report
C. Proposed Ordinance Extending Term of Pilot Program
D. Proposed Resolution Extending Certain Fee Waivers/Reductions
E. Proposed Emergency Interim Zoning Ordinance
F. Written Comments
G. PowerPoint Presentation
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City Council Meeting: June 8, 2021 Santa Monica, California
RESOLUTION NO. 11339 (CCS)
City Council Series)
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA
MONICA WAIVING CERTAIN FEES ON A TEMPORARY BASIS TO
FURTHER STIMULATE ECONOMIC RECOVERY ,ESTABLISHING
FEES FOR SANTA MONICA OUTDOORS PILOT PROGRAM, AND
AUTHORIZING THE COMMUNITY DEVELOPMENT DIRECTOR TO
TEMPORARILY CLOSE PORTIONS OF MAIN STREET FOR THE
SANTA MONICA OUTDOORS PILOT PROGRAM
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
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
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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 27, 2020, the Director of Emergency Services issued a
Ninth Supplement to the Executive Order (“Ninth Supplement”), which, among other
things, suspended outdoor dining license payments for City licensees for the month of
April 2020; and
WHEREAS, on May 29, 2020, the Director of Emergency Services issued an
Eighteenth Supplement to the Executive Order, which, among other things, extended
the suspension of outdoor dining license payments for City licensees through June 2020
and 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 suspension of
outdoor dining license payments for City licensees through August 2020 and expand the
public outdoor spaces where certain eligible restaurants were authorized to operate
outdoors; and
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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 waived processing
fees for such temporary use permits; 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 to further extend the suspension of outdoor
dining license payments for City licensees and authorize the City to assess a monthly
fee for the use of space in the public right-of-way after November 1, 2020, with 30 days’
notice provided to businesses; and
WHEREAS, on September 18, 2020, the Director of Emergency Services issued
a Twenty-Sixth Supplement to the Executive Order (“Twenty-Sixth Supplement”), which,
among other things, authorized the Director of the Community Services Department to
promulgate regulations and issue permits for gym and fitness establishments to engage
in commercial fitness activities at City parks, City park parking lots, and City beaches;
provided that, for any quarter or portion thereof during which the County’s Health Officer
Order prohibited gym and fitness establishments from operating indoors at an
occupancy rate greater than 50%, gym and fitness establishments are not required to
pay the quarterly use charges, as set forth in forth in Resolution No. 11263 (CCS),
adopted by the City Council on June 23, 2020, except for gym and fitness establishment
operating at Palisades Park; and specified the rates for such quarterly use; and
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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 the City to assess a
monthly fee for the use of such space in the public right-of-way after March 31, 2021,
with 30 days’ notice provided to businesses; 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 the City to assess a monthly fee for the use of such space in the public
right-of-way after March 1, 2021, with 30 days’ notice provided to businesses; and
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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 Third Revised Eighteenth, Twenty-Sixth, Twenty-Seventh, Twenty-Eighth,
and Thirty-Third Supplements; 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
WHEREAS, due to the economic hardships suffered by businesses and to
stimulate economic recovery, the City has elected not to assess a monthly fee for the
use of space in the public right-of-way, despite the authorization to do so in the Third
Revised Eighteenth, Twenty-Eighth, and Thirty-Third Supplements; and
WHEREAS, Santa Monica Municipal Code Section 2.72.010 authorizes the
imposition of charges for private use of public property; and
WHEREAS, Santa Monica Municipal Code Section 2.72.020 authorizes setting
such charges by resolution; and
WHEREAS, Santa Monica Municipal Code Section 9.31.200 allows outdoor
dining on the public right of way as a way to enhance the pedestrian ambiance of
the City; and
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WHEREAS, on June 11, 2011, the City Council adopted Resolution
No. 10586, which established the license fees for outdoor dining area licenses; and
WHEREAS, on June 23, 2020, the City Council adopted Resolution
No. 11263, which, among other things, revised certain permit and user fee charges,
including the annual permit and quarterly use charges for commercial fitness and
athletic instruction permits issued pursuant to Santa Monica Municipal Code
Section 4.55.030, and processing fees for temporary use permits; and
WHEREAS, the City Council is concurrently adopting an emergency ordinance
that establishes the Santa Monica Outdoors Pilot Program and thereby extends the
authorizations to use public space provided by the Third Revised Eighteenth, Twenty-
Eighth, and Thirty-Third Supplements, authorizes the City to issue permits and enter
into licensing agreements with business to use portions of the Main Street roadway that
are temporarily closed to traffic and designated for outdoor dining or other business
activities pursuant to administrative regulations, and, as part of that emergency
ordinance, authorizes the City Council to set charges by resolution to reflect the use of
public property; and
WHEREAS, the City Council is concurrently adopting an emergency interim
zoning ordinance that extends the authorizations for issuance of temporary use permits
for sidewalk sales and other seasonal sales that may operate without otherwise
complying with the provisions of the Santa Monica Outdoors Pilot Program, and
temporary use permits that may be issued for periods of more than 45 days but less
than 180 days, as provided by the Third Revised Eighteenth and Twenty-Seventh
Supplements, respectively; and
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WHEREAS, California Vehicle Code Section 21101(e) authorizes local
authorities, for those highways under their jurisdiction, to adopt rules and regulations by
ordinance or resolution to temporarily close a portion of any street for celebrations,
parades, local special events, and other purposes when, in the opinion of local
authorities having jurisdiction or a public officer or employee that the local authority
designates by resolution, the closing is necessary for the safety and protection of
persons who are to use that portion of the street during the temporary closing; and
WHEREAS, the City desires to authorize the City’s Community Development
Director to temporarily close a portion of Main Street, since closure is necessary for the
safety and protection of persons who are using the closed portion of Main Street during
the temporary closing pursuant to the Santa Monica Outdoors Pilot Program; and
WHEREAS, to stimulate economic recovery, the City Council desires to delay
recovering fees for use of public space pursuant to the Santa Monica Outdoors Pilot
Program until January 1, 2022 and to temporarily waive other fees.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SANTA
MONICA DOES RESOLVE AS FOLLOWS:
SECTION 1. Commencing no earlier than January 1, 2022, and following at
least 30 days’ notice provided to businesses with a Santa Monica Outdoors Pilot
Program permit, the charges for use of public property pursuant to Santa Monica
Municipal Code Chapter 6.40 are as follows:
Location Monthly License Fee
Per Square Foot
3rd Street Promenade $2.66
Transit Mall (Santa Monica Boulevard/Broadway) $2.66
Ocean Avenue $2.48
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Location Monthly License Fee
Per Square Foot
Montana Avenue $2.20
Wilshire Boulevard $2.12
Main Street $2.12
Ocean Park Boulevard $2.12
Pico Boulevard $2.12
Other Streets $2.12
SECTION 2. From the effective date of this resolution until December 31, 2021,
the City waives the monthly license fee that restaurants are required to pay pursuant to
their respective outdoor dining license agreements with the City under Santa Monica
Municipal Code Section 9.31.200.
SECTION 3. From the effective date of this resolution until June 30, 2022,
businesses with a commercial fitness or athletic instruction permit issued pursuant to
Santa Monica Municipal Code Section 4.55.030 are not required to pay quarterly use
charges, unless the business provides commercial fitness or athletic instruction at
Palisades Park in which case the quarterly use charges shall be (i) $450 per quarter for
small groups (not more than 2); $900 per quarter for medium groups (not more than 10);
and (iii) $1,350 per quarter for large groups (not more than 15).
SECTION 4. From the effective date of this resolution until June 30, 2022, the
City waives processing fees for temporary use permits for sidewalk sales and other
seasonal sales that are not otherwise required to comply with the provisions of the
Santa Monica Outdoors Pilot Program, and for temporary use permits issued for a
period longer than 45 days but less than 180 days, issued pursuant to the emergency
interim zoning ordinance adopted concurrently with this resolution.
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SECTION 5. All fees established or waived by this resolution shall be effective
immediately upon adoption of this resolution.
SECTION 6. If there are any conflicts between the fees adopted or waived in this
resolution and fees adopted or waived by any prior resolution or fee schedule, the fees
adopted or waived pursuant to this resolution shall control.
SECTION 7. The Community Development Director is hereby authorized to
temporarily close the portion of Main Street between Hill Street and Kinney Avenue on
weekends in compliance with administrative regulations issued pursuant to Santa
Monica Municipal Code Chapter 6.40, because closure of this area is necessary for the
safety and protection of persons who are using the closed portion during the temporary
closing.
SECTION 8. The City Clerk shall certify to the adoption of this resolution and
thenceforth and thereafter the same shall be in full force and effect.
APPROVED AS TO FORM:
GEORGE S. CARDONA
Interim City Attorney
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Adopted and approved this 8th day of June 2021.
Sue Himmelrich, Mayor
I, Denise Anderson-Warren, City Clerk of the City of Santa Monica, do hereby
certify that Resolution No. 11339 (CCS) was duly adopted at a meeting of the Santa
Monica City Council held on the 8th day of June 2021, by the following vote:
AYES: Councilmembers Brock, Davis, De la Torre, Parra,
Mayor Pro Tem McCowan, Mayor Himmelrich
NOES: None
ABSENT: Councilmember McKeown
ATTEST:
Denise Anderson-Warren, City Clerk
DocuSign Envelope ID: 72C6D32E-5527-4550-842E-815497C3E1D9
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City Council Report
City Council Meeting: June 8, 2021
Agenda Item: 7.A
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To: Mayor and City Council
From: David Martin, Director, Administration
Subject: Santa Monica Outdoors: Extending Pandemic-Era Emergency Allowances
Including Outdoor Use Permits and Interim Zoning Changes to Support Santa
Monica’s Economic Recovery
Recommended Action
Staff recommends that the City Council:
1. Introduce and adopt an Emergency Interim Zoning Ordinance to extend currently
allowed temporary uses of private outdoor space for commercial activity that would
otherwise expire 30 days after the conclusion of the County’s pandemic-related
emergency orders, and extend certain zoning changes necessary for continued
emergency response and economic recovery.
2. Introduce and adopt an Emergency Ordinance to authorize the issuance of permits
and licensing agreements as part of a one-year pilot program that expires on June
30, 2022 to allow continued uses of public property, including streets and
sidewalks, for commercial activity, the authorization for which would otherwise
expire 30 days after the conclusion of the County’s pandemic-related emergency
orders.
3. Adopt a Fee Resolution to authorize fee waivers for outdoor dining license fees
and processing fees for outdoor dining permits, authorize fee waivers and fee
reductions for outdoor fitness fees in City Parks and the Beach, extend the fee
waivers associated with temporary use permits, establish fees for use of public
property pursuant to Santa Monica Municipal Code Chapter 6.40 to commence no
earlier than January 1, 2022, and authorizes temporary closure of portions of Main
Street.
4. Adopt a Fee Resolution setting the outdoor dining license fees using the 2020
calendar year rates, effective as of January 1, 2022, with annual Consumer Price
Index adjustments commencing January 1, 2023.
5. Authorize the City Manager to negotiate and execute a Memorandum of
Understanding granting Downtown Santa Monica, Inc. authority and responsibility
for managing community-serving events and programming in the downtown
district, with direction to return with any proposed modifications to the event
ordinance determined necessary to accomplish this.
6. Receive a plan for Pilot Program closure of Main Street and direct staff to proceed
with the proposed plan for closure.
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Summary
Temporary Outdoor Use Permits authorized under the City’s emergency orders have
been a critical component of the City’s crisis response to sustain
locally owned small businesses in Santa Monica during the COVID-
19 pandemic. These permits have facilitated the
rapid transition of traditional indoor commercial activities such as dining, retail, and
fitness to outdoor venues that have helped to bolster the local economy and
enhance the mental and physical wellbeing of residents and visitors by providing
for “Santa Monica Outdoors.” These activities include:
• Parklets on many neighborhood-serving commercial corridors, including Main
Street, Montana Avenue, and throughout the Downtown, have enabled business
activity when many indoor activities were prohibited. Parklets (converted on-street
parking spaces) are primarily utilized by local restaurants, though there
are numerous examples of retail, personal services, and fitness parklets across the
city.
• Outdoor Uses on Private Property have permitted parking lots and courtyards to
be repurposed for a range of uses including outdoor dining, fitness, and nail salons.
These spaces have been a lifeline to businesses who cannot accommodate or do
not have access to a parklet space.
• Outdoor Dining on the Pier has allowed restaurants to serve patrons on the Pier’s
parking deck and public right-of-way.
• Satellite Dining on the Third Street Promenade and Satellite Uses on Main
Street has permitted use of the Promenade in a new social gathering format that
was contemplated in the Promenade 3.0 process and the Main Street parking lane
to maximize the availability of parklet spaces.
• Outdoor Fitness Classes in City Parks and on the Beach have
maximized a studio’s or an instructor’s ability to provide recreational training or
wellness offerings to groups of people at a safe distance.
• Outdoor Community Events have featured drive-in movies and performances.
These events have been held on both public (airport) and private property.
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The Temporary Outdoor Use Permits, and associated license agreements entered into
pursuant to the City’s emergency order authorizations, are set to expire 30 days after
the County’s COVID-19 Health Officer Order expires. With the Governor’s
announcement that California intends to fully reopen on June 15, 2021, it is anticipated
that the County’s Health Officer Order may soon expire, which would trigger the
termination of the Temporary Outdoor Use Permits. Should that happen, those currently
using temporarily permitted outdoor spaces in the public right of way and on private
property through emergency orders would no longer be able to do so. Parklets, outdoor
dining on private property, outdoor dining on the Pier, satellite dining on the Third Street
Promenade, and satellite space on Main Street may be extended by a Council-adopted
ordinance. Outdoor fitness classes in City parks and on the Beach and outdoor
events may be extended by modifications to regulations, guidelines, and permits,
which do not require Council action.
Due to the widespread success of Temporary Outdoor Use Permits throughout
the City’s commercial areas in supporting the economic viability of local businesses,
recent survey results demonstrating overwhelming support of the residential and
business communities for the continuation of these permit programs, and the
recommendations of all City agencies that work within the public right of way, staff
recommends that the Council adopt an Emergency Interim Zoning Ordinance (IZO) and
an Emergency Ordinance (EO) to continue these permit programs “as-
is” through summer 2022, when economic conditions are predicted to be more
favorable. Staff anticipates returning to Council at that time with a comprehensive
outdoor permit program that would include design details and guidelines, fees for use of
the public right of way, and potential staffing requests to maintain and monitor
a safe, high-quality outdoor experience.
In addition to the temporary outdoor uses cited above,
certain zoning changes were also enacted to support emergency response
and economic recovery; staff recommends that these zoning changes also be extended
through the IZO.
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Background
The onset of the COVID-19 pandemic and resulting economic crisis necessitated a
range of emergency-based regulatory changes to implement recovery measures and
to strengthen community resilience. On March 13, 2020, the City declared the existence
of a local emergency in response to COVID-19. On April 14, 2020, Council directed that
a restructuring of City services be focused around health and safety, emergency
response, and economic recovery. As introduced at the April 28, 2020 City Council
meeting, the City implemented a multi-pronged economic recovery plan that
focused on five policy areas:
• Business Retention/Reopening
• Business Process/Permitting Improvements
• Outreach/Marketing
• Community Economic Development/Local Hire
• Federal and State Resources/Funding Partnerships
From April 28 forward, the Economic Recovery Task Force (ERTF) and its five policy
groups worked assiduously to implement actions and earmark over $1 million in
ERTF funding to support businesses and residents that suffered economic impacts
related to the pandemic health orders. These actions included modifications to the City’s
regulatory framework and processes using emergency orders to provide immediate and
short-term relief for our brick-and-mortar small businesses. The initial round of changes
targeted common regulatory barriers that were perceived to add cost and time to the
permitting process. Complementing this initial round of amendments was ongoing work
to revamp permitting processes for Minor Outdoor Dining (aka “Sidewalk
Dining”) and create new permit types to allow for outdoor use of public and private
property in such a way that indoor businesses could expand their footprints into the
public right of way and onto surface parking lots.
Discussion
The proposed Emergency Interim Zoning Ordinance (IZO) and Emergency
Ordinance (EO) will have the effect of preserving the temporary use of outdoor
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space programs, or “Santa Monica Outdoors,” as the emergency orders enabling
them are due to expire. For clarity, these two related ordinances address:
• Use of the Public Right-of-Way: Programs in the public right-of-way, such as
parklets and use of the sidewalk, are addressed through the Emergency Ordinance.
• Use of Private Property: The Emergency Interim Zoning Ordinance addresses
provisions that are in the Zoning Ordinance and therefore apply mostly to private
property. These include outdoor dining in parking lots or courtyards, as well as a
handful of other zoning-related provisions.
The current “Santa Monica Outdoors” program as implemented through the COVID-19
emergency orders relies on modifications to City processes and regulations to
create optimal conditions for economic recovery and business operations during the
pandemic. These modifications include suspension of certain zoning
requirements, reduction of processing times through streamlined application
requirements and regulations, and waiving or suspending fees that are typically
associated with issuing permits for use of public property for commercial activities. The
current Santa Monica Outdoors program is proposed to be carried forward “as is”
to continue to support small business recovery and to afford staff time to establish a
more comprehensive and institutionalized program for the long term. The
programs recommended by this report for continuation include:
• Parklets in the Public Right of Way. Currently, approximately 90 parklets are
located in Santa Monica streets serving predominantly restaurants, personal services
businesses (such as nail salons), and fitness businesses. Parklets are licensed for
private use, meaning that they are operated and maintained by local businesses for the
exclusive use of paying customers. Table service and alcohol sales are permitted within
parklets in accordance with State Alcohol and Beverage Control and
City emergency regulations.
There are three types of parklets currently utilized in Santa Monica:
o “Kit of Parts” Parklets that involve metal rail fencing anchored by heavy planters
and landscaping. Many businesses have procured these materials on their
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own. Through a $15,000 allocation from the ERTF, the City loaned 15 of these
parklet kits to businesses free of charge. Additional “kit of parts” were purchased
by Downtown Santa Monica, Inc., (DTSM) and distributed to businesses in the
Downtown. The Montana Avenue Merchants Association further fortified the
Montana Avenue parklets with the addition of water-filled barriers at the ends.
o Deck and Railing Parklets that conform to the City’s standards for structures in
the public right of way. Many local businesses have invested
in fabricating substantial parklet designs out of wood or metal.
o The Main Street Al Fresco parklets that are characterized by the use of concrete
K-rails. Many businesses have created decks within this space that are level with the
curb, effectively creating a wider sidewalk space for outdoor dining. The original
City-built parklets that were created as a pilot in 2015 have been integrated into the
Al Fresco project.
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• Temporary Outdoor Business Use of Private Property. Currently, approximately
70 local businesses are using a Temporary Outdoor Use Permit to conduct
retail, restaurant, and fitness activities on surface parking lots, courtyards, and
other private spaces to help offset the pandemic-related indoor use
restrictions. This opportunity serves many businesses that are not able to have a
parklet in front of their business, particularly on commercial streets such as Pico
Blvd. and sections of Wilshire and Ocean Park Boulevards with higher traffic
speeds. Currently, the primary activity this supports is outdoor dining. Similar to
parklets, table service and alcohol sales are temporarily permitted within these spaces,
and parking requirements are suspended.
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• Satellite Dining on the Third Street Promenade. Approximately five restaurants in
the immediate vicinity of the Promenade that were limited in their ability to use parklets
and/or sidewalk dining in front of their business (due to bus lane, red curb, narrow
sidewalk, or other limitations) have been approved and are operating parklet-style
dining in the center of the Promenade right of way. Traditional rules required outdoor
dining to occur directly adjacent to its restaurant tenant space, but emergency orders
have permitted restaurants to set up tables and chairs in the pedestrianized roadway,
leaving the sidewalk free and clear for pedestrian activity and window shopping.
• Satellite Use of Main Street Parking Lane. The closure of the Main Street
parking lane has enabled Main Street businesses to continue to operate fitness,
retail, and personal services over the past year. This program has been very popular
with the community and businesses alike and there is tremendous interest in using
more of the street for this purpose. The Main Street Satellite program allows unclaimed
spaces in the parking lane to be used for permitted uses by other licensed Santa
Monica businesses (other than restaurants) as allowed in the Zoning Ordinance.
• Expansion of Sidewalk Dining. Under the Temporary Outdoor Use
Permits, existing permit holders and new operators were able to temporarily expand
their sidewalk footprint for no charge and without triggering any parking requirements.
• Outdoor Dining on the Pier. Restaurants are currently using the public right-of-
way and Pier deck for outdoor dining. With the reopening of Pacific Park and the
controlled reopening of the remainder of the Pier, continuing to allow for outdoor
dining in certain sections of the Pier is important to serve customer demand and to
support the survival of the Pier tenants. This will need to be balanced with upcoming
capital improvement projects to the Pier deck and anticipated partial re-opening
of the Pier deck to parking starting in September 2021
Fee Waivers to Support Outdoor Use Programs
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To support economic recovery and encourage businesses to participate in
the temporary outdoor use programs, the following fees have been waived since
the launch of the program. No application fee has been assessed for businesses
applying for a Temporary Outdoor Use Permit. The temporary outdoor encroachment
agreement signed by all businesses participating in the program includes the following
table of fees for use of public space. The fees were based on the “Outdoor Dining
Without a Barrier” fees set forth in Resolution No. 10586 (CCS) adopted by City Council
on June 21, 2011. The emergency orders and agreement allowed the City to begin
charging fees no earlier than March 1, 2021 for satellite uses of the Third Street
Promenade and Main Street and November 1, 2020 for all other expanded uses of
public space only after providing 30 days written notice and if the County’s Safer at
Home Order allowed the business to operate at 50% or greater indoor capacity. Due to
the continued economic hardships that local businesses have faced, the fee waivers
have continued.
Per the existing local emergency orders, staff can start charging for the use of public
property with 30 days’ notice. Staff recommends that Council extend these fee waivers
through December 2021 with fees then being charged based on the fee schedule
provided in Table 1 below using the rates from calendar year 2020, after providing
30 days’ notice to allow businesses to terminate their agreements if they choose. Staff
also recommends that the outdoor dining license fees for the existing licensees be
waived through December 2021 and that Council adopt a new resolution setting outdoor
dining license fees using the rates from calendar year 2020 with annual adjustments for
Consumer Price Index commencing January 1, 2023, and each year thereafter.
Table 1:
Use of Public Space Fees in Temporary COVID-19 Outdoor Encroachment Agreement
Location Monthly Charge (per square foot)
3rd Street Promenade $2.66
Transit Mall (Santa Monica
Boulevard/Broadway)
$2.66
Ocean Avenue $2.48
Montana Avenue $2.20
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Wilshire Boulevard $2.12
Main Street $2.12
Ocean Park Boulevard $2.12
Pico Boulevard $2.12
Other Streets $2.12
This extended fee waiver program reflects the economic hardships our small
businesses are continuing to face, especially restaurants. According to Santa Monica’s
latest quarterly sales tax report (Q4 2020), restaurants have experienced a 50-
66% decrease in sales from the same quarter in 2019 just prior to COVID. It is
estimated that those businesses that are able to survive will take at least one year to
recover to their pre-pandemic levels. Outdoor fitness and community wellbeing have
been further supported by reduced fees at Palisades Park and waived fees at all other
parks and the beach for Commercial Fitness Trainers. Staff are requesting the
continuation of this program, to be assessed on a quarterly basis in accordance with LA
County and State public health guidance and local demand for these services.
The following is a summary of fees that have been waived to support the outdoor
use program:
• Sidewalk Dining
o Temporary Encroachment Agreement Licensing fees
o Monthly Outdoor Dining License Agreement Fees (for businesses who
had approved sidewalk dining prior to COVID)
o Application fees for outdoor dining
o SMFD Special Event Permits for canopies and tents greater than 400 sf
• Parklets
o Application fees
o Temporary Encroachment Agreement Licensing fees
o SMFD Special Event Permits for canopies and tents greater than 400 sf
• Private Property
o Planning application fees for Temporary Use Permits
o Building permit fees waived in certain circumstances
• Sidewalk sales & seasonal sales
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o Planning application fees for Temporary Use Permits
• Outdoor Fitness
o Commercial Fitness Trainer Permits in parks and beach (reduced fees at
Palisades Park)
Table 2:
Santa Monica Outdoor – Estimated Value of Fee Waivers
Program Beneficiaries Estimated Value of Fee
Waivers
Temporary Sidewalk
Dining Encroachment
License Fee
40 businesses - 27,542
SF total area @
$2.12/SF/mos
$700,668*
Monthly Sidewalk Dining
license fees (permanent
program)
72 restaurants (existing
ODAs pre-COVID)
$569,000
Parklets 90 businesses - 164 meters
@ $2,600/meter (annual
average revenue per parking
meter)
$426,000*
Permit Application Fees 40 businesses @ $1,490.34
(Minor Outdoor Dining
Permit Fee)
$59,600
SM Fire Dept Event Permits 11 businesses @ $228.98 -
$824.04
$3,321
Beach + Park Fitness Permit
Waivers
32 fitness trainers @ $450-
$1,350/quarter
$14,400
Total Value
of Santa Monica Outdoors
$1.8 million/year
*This fee is based on the estimated value of these new uses.
Outdoor Programs Extended Through Other Means
Several other components of Santa Monica Outdoors are being extended through other
measures that do not require an adopted ordinance or Council action. These include:
• Outdoor Fitness: the permitting of fitness and recreation training in City parks, the
beach, and City-owned parking lots is being extended through updates to the
existing Fitness Trainer Permit program, as authorized by SMMC
4.55.030. Specifically, staff are proposing to increase group sizes at Barnard Way
Linear Park and Tongva Park as well as to add new locations at
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Ken Genser Square, Airport Park parking lot, and Memorial Park, as authorized
under SMMC 4.55.030.
• Outdoor Community Events: the permitting of drive-in events and allowed
outdoor events is being extended through changes to the Administrative Instruction
on Events and Site Guidelines, in accordance with the existing Events
Ordinance (SMMC Chapter 4.68).
Popularity of the Santa Monica Outdoors Program –
Residents, Businesses, and City Operations
To gather feedback about the suite of temporary outdoor programs, two surveys were
administered. The first, a survey for business operators, received 441 responses, while
another for residents and other patrons of businesses received 5,299
responses. Comprehensive responses from each survey, including select respondent-
submitted photographs, are included in Attachment D.
Business Survey Results
To date, approximately 212 businesses have participated in the temporary use of
outdoor space programs, joining the three parklets and 72 sidewalk dining locations that
pre-date the pandemic. According to the business survey, businesses are
overwhelmingly supportive of these programs, including those that have not expanded
outdoors. Their responses challenge long-held notions about the importance
of street parking in Santa Monica’s business districts to a business’s success, with 83%
valuing a parklet in front of their business more than curbside parking spaces. An even
greater number, 88%, think the parklet program should be extended. And 93% of
business that have expanded outdoors on private property (such as in parking lots or
courtyards) would like to continue to do so.
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Businesses are supportive of the placemaking effect that parklets have on their districts,
many of which are park-once destinations where people patronize more than one
establishment per visit. Approximately two-thirds of business survey respondents do not
believe there should be restrictions on the number of parklets per block and only 20%
state that they would be opposed to a neighbor’s parklet in front of or near their
storefront. Similarly, businesses are supportive of the permissive regulations that guide
the day-to-day administration of the program. Fees have been waived to support small
businesses during this challenging period and 58% support continuing to waive these
fees until at least January 1, 2022. Charging fees at this juncture would have a chilling
effect on participation, as only 40% of businesses stated that they would continue to
operate a parklet if fees are charged. Further, 98% believe that restaurants and cafés
should be allowed to serve food and drink (including alcoholic beverages) to customers
in parklets, in contrast to prior rules that prohibited this activity at the three parklets
established under the pilot program on Main Street.
Overall, parklet operators are grateful for the opportunities afforded by the
program. Nine out of ten respondents credit their parklet with keeping their doors
open through the pandemic, benefitting the community with essential goods and
services, while also keeping community members employed. And now, with months of
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experience, 85% view the parklets as integral to both their businesses’ operations and
identity.
Residents and Visitors Survey Results
According to the resident survey, the community is also heavily invested in the future of
these programs, with 5,299 people taking the time to provide input. This sizable cohort
is clear about their overwhelming support of these programs and desire to see
them become permanent fixtures of the Santa Monica landscape. When asked to
choose between outdoor business operations on private property and restoring parking
spaces, 96% of respondents selected to allow outdoor operations to continue. A similar
92% think the parklet program should be extended, with 90% affirming that parklets
provide a positive benefit to the Santa Monica community.
When asked to rate their experiences on a five-star scale, with 5 being the best, parklet
visitors gave an average score of 4.6 stars, while private property expansion
patrons (parking lot diners) gave a slightly higher average of 4.7 stars.
Three out of four respondents feel that parklets are a worthwhile use of
limited public curbside parking. Patrons were also asked to select the various modes of
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transportation they used to access parklets, and more people walk to parklets (65%)
than drive (62%).
These programs have served as economic development opportunities for businesses
and have assuaged public health concerns for patrons, allowing them to feel
comfortable emerging from Safer at Home Orders to access essential goods and
services. A staggering 92% state that they are more likely to patronize
a business because it has a parklet, and 95% of patrons feel safe when in a parklet.
Similarly, 95% are more likely to patronize a business that has expanded outdoors on
private property into parking lots and courtyards.
City Staff and Public Safety Perspective on Outdoor Uses
The creation of the temporary Santa Monica Outdoors program was coordinated with a
range of City staff who have formed the ERTF Business Re-Opening Team and have a
deep breadth of experience with varying roles servicing the public right of way. The
programs were drafted and designed by staff in Planning, Mobility, Economic
Development, Public Works, and the City Attorney’s Office. Throughout the
implementation of the parklet program, private outdoor dining, and other outdoor
activities mentioned in this report, staff from Fire, Police, Big Blue Bus, Street
Services, Urban Forest, Parking, and Code Enforcement have also worked
collaboratively to design solutions and monitor performance, including limited
enforcement activities.
Staff from these divisions continue to remain supportive of the Santa Monica
Outdoors program and cite very few concerns related to the proposed continuation
of these activities “as is.” Issues that will require deeper coordination as a more
formalized program is developed for the summer of 2022 include:
• Street cleaning and collection activities around outdoor dining activations
• Tree canopy management in new parklet areas
• Design and engineering of parklet “templates” that institutionalize a range
of uniform criteria related to Public Safety and Public Works standards, including
the ability for the City to remove a parklet to conduct road or utility repairs
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• Educational materials for parklet operators about “do’s and don’ts,” design
standards and operational requirements
• Analysis and
policy development for a City curb space management program to address the
appropriate balance of parking, loading zones, number of parklets, etc.
Related Efforts: Summer Weekend Closure Plan for Main Street
On April 27, 2021, Council directed staff, as part of economic recovery efforts, to
consider the proposals of the Main Street Business Improvement Association (MSBIA)
and the Ocean Park Association (OPA) and return to Council with a plan to implement a
pilot program for temporary summer weekend closure of all or part of Main Street to
automobiles and bus traffic, as well as to assess the pilot’s traffic impacts on
surrounding neighborhoods. Staff has been working with internal and external
stakeholders to develop a pilot program and returns now to Council to seek approval to
implement the following pilot program plan.
Staff recommends closure of the roughly 1,000 feet between Hill Street and Kinney
Avenue and is drafting a Temporary Traffic Control Plan to that effect. This differs
slightly from what MSBIA and OPA requested, which sought closure of two short
segments -- between Hill Street and north of Ashland Avenue as well as between
Ashland Avenue and Kinney Street. As proposed by staff, the plan includes
considerations of bikes and buses as well as passenger vehicles. Due to the potential
disruption to bus ridership on weekdays, and the potentially inequitable impact of
closures on transit-dependent riders, the closure would be limited to weekends
(Saturday-Sunday). The exact hours would be part of the traffic control plan process.
Currently, three to four weekend closures are being contemplated and would be held
once per month. MSBIA and OPA recommend starting in July. Staff is working toward
implementing quickly, but final dates will be subject to the availability of traffic control
services, as well as business and community input.
To assess event transportation impacts, staff has drafted a data collection plan that
includes:
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• vehicle volume counts on segments of 2nd and 3rd Streets south of Ocean Park
Boulevard,
• multimodal volume counts on Main Street and Neilson Way (including vehicles,
bicycles, and pedestrians), and
• on-street parking occupancy for 2nd and 3rd Streets south of Ocean
Park Boulevard.
These data would be collected in late June as a baseline for “business as usual” and
then during the first event weekend for comparison. Staff is getting cost estimates
from vendors and is currently reducing scope to reduce costs. In addition, staff will use
existing data sources on bus ridership and parking meter and lot utilization. Staff will
work with MSBIA/OPA regarding any intercept or public perception surveying to be
done.
As part of their request, MSBIA/OPA have committed to leading the outreach
process and engaging their membership to assist in tasks leading up to and during the
event. Staff has provided MSBIA/OPA with a summary of past outreach efforts to assist
in their development of an outreach strategy. They are in the process of
identifying which tasks can be achieved with the time and resources available.
The City has a total of approximately $70,000 available for all the Main Street pilot
closures sourced from the Metro grant for the 2020 COAST open streets event, which
could not occur due to the pandemic. Metro has allowed for repurposing of funds to this
and other Art of Recovery projects. If event costs exceed the available $70,000,
including event public safety staffing, the event partners will need to scale back the
event or seek other strategies and funding sources.
To enable businesses to operate on the portions of Main Street roadway that are
subject to temporary closure, staff recommends that Council adopt the Emergency
Ordinance, which, in addition to extending the authorization in the emergency order
supplements to use the public space, also authorizes the Director of the Community
Development Department or designee to issue permits to and enter into licensing
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agreements with eligible businesses for use of the Main Street closure area. The
portions of the roadway that are unoccupied by businesses will be considered a
common area and the City will bear the risk of liability for any injuries that may occur
there. The businesses that have obtained a permit and licensing agreement to use the
Main Street closure area will be required to maintain insurance as set forth in the
Emergency Ordinance, similar to the requirements for use of other public space under
the Santa Monica Outdoors program.
MSBIA and OPA have expressed concern to staff that requiring businesses to engage
in a process to obtain a permit for a short-term, temporary pilot program may
discourage businesses from participating in the program. Staff recognizes that concern
and are working to streamline the application and permitting process so that it will be as
seamless as possible. However, this type of process—the issuance of a permit, a hold
harmless agreement, and requirement to maintain insurance—is typical for use of public
space, including, for example, community event permits under SMMC Chapter 4.68,
outdoor dining licenses under SMMC Section 9.31.200, shared mobility devices under
SMMC Chapter 3.22, and commercial fitness instruction under SMMC Section 4.55.030.
Because such a process minimizes the City’s exposure to liability for use of public
space arising out of private or commercial activity, the City Attorney’s Office
recommends that Council require an application and permitting process, including the
submission of insurance information, as proposed in the Emergency Ordinance.
Finally, staff recommends that Council adopt the resolution (attachment C) that
authorizes temporary closure of Main Street to comply with Vehicle Code Section
21101, which requires a resolution or ordinance to temporarily close streets if it is
necessary for the safety and protection of persons who are to use that portion of the
street during the temporary closing.
Related Efforts Part 2 – Supporting Community-Serving Events in Downtown Santa
Monica
As part of economic recovery efforts, Downtown Santa Monica, Inc. (DTSM) is seeking
authority from the City to advance community-serving events, programing,
and arts activations in key public spaces downtown (including the Third Street
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Promenade and other City-owned locations), which will stimulate pedestrian activity in
and increase visitors to the downtown district. Staff are seeking Council authorization to
negotiate and enter into a MOU which will give DTSM the ability
to quickly program more community-serving events and minimize impact on City staff.
As the plan develops, staff will return to seek any amendments to the events ordinance
that may be necessary to accomplish this.
Both DTSM and MSSBIA have proposed temporary street closure pilot programs to
support the expansion of “Santa Monica Outdoors” activations in our commercial
districts. To support these efforts, staff is working on updating the Community Events
Permit process and administrative instructions to allow for temporary street closures in
Santa Monica’s commercial districts to help support the safe re-opening of our local
businesses and promoting community-service activations in our commercial districts .
These partnership events would be authorized through a MOU and community event
permits. They would also necessitate staff-approved Temporary Traffic Control Plans.
Other Zoning and Land Use Related Changes that are Recommended to be Continued
There are a range of other zoning and land use related changes that were made
throughout the pandemic to facilitate emergency response and also support local
businesses. Changes that are recommended to continue through the IZO and fee
resolution are summarized below.
Changes Recommended to continue through the IZO:
• Temporary Permitted Use in all Zoning Districts: Public safety facilities and
emergency shelters
o Purpose: Provides flexibility in establishing uses related to health and
safety supportive of emergency response and the pandemic recovery.
• Temporary drive-through facilities for hospitals, clinics, and pharmacies, only for
COVID-19 testing and vaccination
o Purpose: The Zoning Ordinance prohibits new drive-through facilities. This
special exception is necessary as requests to establish testing and
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vaccination sites remain ongoing. 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 sidewalk sales and seasonal sales that do not need to
comply with Santa Monica Outdoors pilot program and for uses permitted pursuant to
9.31.370(B) of more than 45 days and not exceeding 180 days (6 months) -
o Purpose: Provides flexibility for outdoor temporary uses supportive of
economic recovery efforts and consistent with social distancing practices during
the pandemic recovery.
o
• Off-site alcohol sales for restaurants and retail alcohol sales for retail
establishments, consistent with the State Alcoholic Beverage Control’s (ABC) temporary
relief measures.
o Purpose: This provision provides restaurants and retailers that sell
alcoholic beverages greater flexibility to provide off-site sales during
this recovery period, consistent with ABC’s temporary relief measures.
Changes Recommended to be Continued Through Fee Resolution
• Planning application fees waived for Temporary Use Permits issued pursuant to
the Emergency Interim Zoning Ordinance
o Purpose: Extending the waiver of temporary use permit application fees
would maintain consistency with the Temporary Outdoor Use Program and, as
proposed, would continue through the term of the emergency interim zoning
ordinance.
Environmental Analysis
The proposed IZO and EO to continue certain emergency provisions
including temporary outdoor use of public right-of-way, zoning changes, and procedural
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
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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.
In addition, the pilot program to close Main Street on summer weekends is exempt from
the provisions of the California Environmental Quality Act (CEQA) pursuant to Section
15301 of the State Implementation Guidelines. The proposed pilot program would be a
temporary closure of all or part of Main Street for bicycle and pedestrian use. This is a
temporary and minor alteration to the street in favor of bicycle and pedestrian
improvements.
Coastal Act
In May 2020, the City submitted a coastal development permit waiver request to the
Coastal Commission detailing actions undertaken in response to County and State
health officer orders, which was granted by the Commission shortly thereafter. At that
time, Coastal Commission staff advised that the City need only to report additional
temporary measures undertaken in response to health officer orders to the Coastal
Commission. Since that time, City staff has remained in contact with Coastal
Commission staff to report temporary measures undertaken, including those that
implemented the use of public and private outdoor spaces authorized by the Executive
Order. The temporary uses that are proposed to be continued by the Santa Monica
Outdoors Pilot program and the Emergency Interim Zoning Ordinance are consistent
with current permitted uses and will not result in installation of any permanent
structures. Should Council adopt the Emergency Ordinance and Emergency Interim
Zoning Ordinance, City staff will report the extension of these temporary uses to Coastal
Commission staff in accordance with the Coastal Commission’s prior directive.
7.B.b
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Next Steps After Extension of Santa Monica Outdoors
A broader policy for the parklet program will be recommended to Council at a later date,
including permits and fees that would need to be put in place at minimum to cover staff
administration costs and to help offset any loss in parking revenue, where needed. In
the meantime, the proliferation of outdoor dining activity will help to generate much-
needed sales tax revenue. Restaurants generated an estimated $7 million in sales tax
revenue for the City of Santa Monica last year. Allowing our businesses to quickly pivot
and use the outdoors has resulted in the most significant business retention measures
under the City’s Economic Recovery efforts. Continued use of this space will help these
struggling businesses survive and further increase sales tax revenue needed to fund
our essential City services and schools. The gradual phasing in of outdoor dining fees
will help to generate additional revenue for the City once our businesses have been
able to safely resume full indoor operations and survive.
Over the course of the following fiscal year, ERTF Business Reopening staff will work
collaboratively with City divisions to develop standards and regulations for the
permanent incorporation of Santa Monica Outdoors into the municipal framework. This
work will include authoring a comprehensive program that is inclusive of design
standards and guidelines, processes for application review and monitoring of outdoor
spaces, fees for use of public right of way, and staffing assignments or budget requests
for the review, permitting and performance inspection of all spaces authorized under the
program and funded using new program revenues. Requests for enhanced staffing
levels to administer the program would be addressed during the mid-year or exception-
based budget process. Outreach to businesses will be a critical component of balancing
economic development interests with the safety and maintenance of our public and
private commercial activities.
ERTF staff envisions returning to Council at a mid-way point in the program
development for guidance on key policy areas that arise and report on progress. Staff
may also consult with a variety of Boards and Commissions who have province over the
public right of way, design of private commercial buildings and spaces, and zoning.
7.B.b
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Past Council Actions
In response to the declaration of an emergency and subsequent restrictions on
business activity, the City enacted several Emergency Orders that were ratified by
Council. The Emergency Orders relevant to this staff report are shown in the table
below.
Issue Date Description
3/17/20 (Attachment E) Fourth Revised Supplement – public safety facilities, hospitals
and clinics, and emergency shelters permitted use in all
zoning district; drive-through facilities for restaurants permitted
use; drive-through facilities for clinics, convenience markets,
farmers markets, general markets, hospitals, and pharmacies
permitted use
3/21/20,
modified
12/8/20 (Attachment F)
Seventh Supplement, as superseded and revised by Thirtieth
Supplement – Off-site and retail alcohol sales
4/24/20 (Attachment G) Twelfth Supplement – stays longer than 30 days permitted in
hotels/motels
8/18/20 (Attachment H) Third Revised Eighteenth Supplement – temporary outdoor
uses; extension of deadlines for planning, review, and permit-
related actions
9/18/20 (Attachment I) Twenty-Sixth Supplement – permit use of City sites for drive-in
movie theaters and other entertainment events; permit gyms
and fitness in City parks, beaches, and park parking lots
10/7/20 (Attachment J) Twenty-Seventh Supplement – temporary use permits to allow
events up to 180 days
11/24/20 (Attachment
K)
Twenty-Eighth Supplement – satellite use of Main Street
parking lane; waive permit fees for tents larger than
400sf being used for temporary outdoor uses with permits filed
with SMFD; temporary water suspension of commercial water
service at request of owners; clarification regarding extension
of deadlines for planning, review, and permit-related actions.
1/28/21 (Attachment L) Thirty-Third Supplement – satellite outdoor dining extension
for Third Street Promenade
Financial Impacts and Budget Actions
The financial impact of these actions will result in continued reduction
in City revenues which are being offset by the Federal stimulus funds. Because many of
the temporary Santa Monica Outdoors programs were developed as a crisis response,
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no existing fees are in place against which to judge revenue loss. Table 2
(above) lists the $1.8 million in value of “Santa Monica Outdoors” to the businesses and
does not reflect the actual decreased revenue to the City as many of the programs
authorized under the emergency orders are new programs that did not exist prior to
COVID (e.g. private parklets). The only existing fee that is subject to an impact analysis
is the extended waiver of pre-pandemic outdoor dining monthly licenses, which amounts
to a loss of approximately $569,000 per year and is projected to generate similar
revenues again in the Bi-annual Budget forecasts in FY21/22 and FY 22/23. Any
reduction in fees in FY21/22 would be offset by the ARPA Federal Stimulus funds in the
form of a grant to the General Fund to help cover extended small business outdoor
dining fee waivers.
Staff has also budgeted for 50% reduction in revenue for the next fiscal year in
anticipation of the Commercial Fitness Permit fee waivers. To minimize future losses in
parking revenue tied to “Santa Monica Outdoors,” staff are recommending the Pier
parking deck re-open by September 1, 2021 to generate much-needed revenue for the
Pier. The Pier restaurants have designated outdoor dining areas that will not be
impacted by the parking deck re-opening. Citywide, parking revenues vary seasonally,
but the current budget includes a 10-month revenue total estimate of $1.18M (average
of $118K per month). For the Downtown and Main Street districts, the loss in on-street
metered parking during COVID has been offset by parking revenue generated from the
public parking lots and structures.
Attachments
A. Proposed Emergency Ordinance
B. Proposed Emergency Interim Zoning Ordinance
C. Fee Resolution Waiving Certain Fees on a Temporary Basis, Establishing Fees
for Santa Monica Outdoors Pilot Program, and Authorizing Temporary Closure of
Portions of Main Street
D. Santa Monica Outdoors Survey Results
E. Fourth Revised Supplement (weblink)
F. Seventh Supplement (weblink)
7.B.b
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G. Twelfth Supplement (weblink)
H. Third Revised Eighteenth Supplement (weblink)
I. Twenty-Sixth Supplement (weblink)
J. Twenty-Seventh Supplement (weblink)
K. Twenty-Eighth Supplement (weblink)
L. Thirty-Third Supplement (weblink)
M. Fee Resolution Establishing Fees for Outdoor Dining Area Licenses
Prepared By: Jennifer Taylor, Economic Development Adminstrator
Approved
Forwarded to Council
Attachments:
A. Exhibit A: Proposed Emergency Ordinance (SMMC Chapter 6.40)
B. Exhibit B: Life Outdoors IZO
C. Exhibit C: Resolution Waiving and Establishig Certain Fees and Authorizing
Temp. Closure of Main St
D. Exhibit D: Survey Results & Select Respondent-submitted Photos
E. Exhibit E: Fourth Revised Supplement
F. Exhibit F: Seventh Supplement
G. Exhibit G: Twelth Supplement
H. Exhibit H: Third Revised Eighteenth Supplement
I. Exhibit I: Twenty-Sixth Supplement
J. Exhibit J: Twenty-Seventh Supplement
K. Exhibit K: Twenty-Eighth Supplement
L. Exhibit L: 33rd Supplemental Order
M. Exhibit M: Fee Resolution Establishing Fees for Outdoor Dining Area Licenses
N. Written Comments
7.B.b
Packet Pg. 1561 Attachment: 2021.06.08 Council Report (4858 : Santa Monica Outdoors Program Extension (15 mins))
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City Council Meeting: May 10, 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
SECTION 6.40.050 TO EXTEND THE TERM OF THE
SANTA MONICA OUTDOORS PILOT PROGRAM
WHEREAS, on June 8, 2021, the City Council adopted Emergency Ordinance
No. 2673, establishing Santa Monica Municipal Code Chapter 6.40, which implemented
the Santa Monica Outdoors Pilot Program and continued the authorization originally
provided in the City’s supplements to its declaration of the existence of a local
emergency for eligible businesses temporarily to use certain outdoor public property for
dining and other business activities; and
WHEREAS, the Santa Monica Outdoors Pilot Program is set to expire on June
30, 2022; and
WHEREAS, staff is in the process of working on a permanent parklet program
and anticipates returning to Council on June 28, 2022 with a new program to replace
the Santa Monica Outdoors Pilot Program that would be adopted by ordinance and go
into effect by late summer 2022; and
WHEREAS, the City has an important government interest in maintaining a
thriving business community and protecting the health, safety, and economic welfare of
its citizens and businesses; and
WHEREAS, extending the term of the Santa Monica Outdoors Pilot Program to
September 30, 2022 will facilitate business recovery, generate increased sales tax
7.B.c
Packet Pg. 1562 Attachment: Proposed Ordinance Extending Term of Pilot Program (4858 : Santa Monica Outdoors Program Extension (15 mins))
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revenue for the City, and provide City staff the time necessary to develop and bring to
Council a permanent parklet program as well as transition interested businesses to, as
applicable, the new parklet program or a sidewalk dining permit and license agreement.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SANTA
MONICA DOES ORDAIN AS FOLLOWS:
SECTION 1. Santa Monica Municipal Code Section 6.40.050, Pilot program
term, is hereby amended to read as follows:
6.40.050 Pilot program term.
Permits issued pursuant to this Chapter shall terminate and be of no further force
or effect beyond September 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 licensing
agreement between the City and the eligible business.
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
7.B.c
Packet Pg. 1563 Attachment: Proposed Ordinance Extending Term of Pilot Program (4858 : Santa Monica Outdoors Program Extension (15 mins))
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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:
_______________________ SUSAN Y. COLA
Interim City Attorney
7.B.c
Packet Pg. 1564 Attachment: Proposed Ordinance Extending Term of Pilot Program (4858 : Santa Monica Outdoors Program Extension (15 mins))
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City Council Meeting: May 10, 2022 Santa Monica, California
RESOLUTION NO.
(City Council Series)
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA
MONICA EXTENDING THE WAIVER OF CERTAIN FEES ON A
TEMPORARY BASIS TO FURTHER STIMULATE ECONOMIC
RECOVERY
WHEREAS, on June 8, 2021, the City Council adopted Emergency Ordinance
No. 2673, establishing Santa Monica Municipal Code Chapter 6.40, which implemented
the Santa Monica Outdoors Pilot Program through June 30, 2022, continued the
authorization provided in the City’s supplements to its declaration of the existence of a
local emergency for eligible businesses temporarily to use certain outdoor public property
for dining and other business activities, and authorized the City Council to set charges by
resolution to reflect the use of the outdoor public property; and
WHEREAS, Santa Monica Municipal Code Section 9.31.200 allows outdoor
dining on the public right of way as a way to enhance the pedestrian ambiance of the
City; and
WHEREAS, Santa Monica Municipal Code Section 2.72.010 authorizes the
imposition of charges for private use of public property; and
WHEREAS, Santa Monica Municipal Code Section 2.72.020 authorizes setting
such charges by resolution; and
WHEREAS, on June 8, 2021, the City Council adopted Resolution No. 11339,
which, among other things, (1) waived until December 31, 2021 the monthly license fee
7.B.d
Packet Pg. 1565 Attachment: Proposed Resolution Extending Certain Fee Waivers/Reductions (4858 : Santa Monica Outdoors Program Extension (15 mins))
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that restaurants are required to pay pursuant to their respective outdoor dining license
agreements with the City under Santa Monica Municipal Code Section 9.31.200 and
(2) established fees for the Santa Monica Outdoors Pilot Program that are to commence
no earlier than January 1, 2022 and following at least 30 days’ notice provided to eligible
businesses with a Santa Monica Outdoors Pilot Program permit; (3) waived the quarterly
use charges for businesses with a commercial fitness or athletic instruction permit issued
pursuant to Santa Monica Municipal Code through June 30, 2022, except that such
businesses operating in Palisades Park were required to pay a reduced quarterly rate;
and (4) waived until June 30, 2022 processing fees for certain temporary use permits
issued pursuant to Santa Monica Municipal Code Section 9.31.370; and
WHEREAS, on June 8, 2021, the City Council adopted Resolution No. 11340,
which re-set the outdoor dining licensing fee for licenses issued pursuant to Santa Monica
Municipal Code 9.31.200 so that the rate in 2022 shall be the same as the rate in 2020,
and that annually thereafter, commencing on January 1, 2023, such fees shall be adjusted
by the change in the Consumer Price Index; and
WHEREAS, on December 14, 2021, the City Council adopted Resolution
No. 11392, which, through June 30, 2022, waived (1) the monthly license fee that
restaurants are required to pay pursuant to their respective outdoor dining license
agreements with the City under Santa Monica Municipal Code Section 9.31.200 and
(2) the monthly license fee that eligible businesses with a Santa Monica Outdoors Pilot
Program permit are required to pay for the use of public property pursuant to Santa
Monica Municipal Code Chapter 6.40; and
7.B.d
Packet Pg. 1566 Attachment: Proposed Resolution Extending Certain Fee Waivers/Reductions (4858 : Santa Monica Outdoors Program Extension (15 mins))
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WHEREAS, concurrent with this Resolution, City Council introduced for first
reading an ordinance that would extend the term of the Santa Monica Outdoors Pilot
Program until September 30, 2022; and
WHEREAS, the City has an important government interest in maintaining a thriving
business community and protecting the health, safety, and economic welfare of its
citizens and businesses; and
WHEREAS, businesses, and particularly restaurants, have suffered significant
economic hardships as a result of the COVID-19 pandemic and the threat of new variants
and potential surges in the future continues to create much uncertainty in terms of
economic recovery; and
WHEREAS, to stimulate economic recovery, the City Council desires, until
September 30, 2022, to waive the monthly license fees that restaurants are required to
pay pursuant to their respective outdoor dining license agreements and the monthly
license fee for use of outdoor public property pursuant to the Santa Monica Outdoors Pilot
Program; to waive the processing fees for certain temporary use permits issued pursuant
to Santa Monica Municipal Code Section 9.31.370; and to waive or reduce the quarterly
use charges for businesses with a commercial fitness or athletic instruction permit issued
pursuant to Santa Monica Municipal Code.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SANTA MONICA
DOES RESOLVE AS FOLLOWS:
SECTION 1. From the effective date of this resolution until September 30, 2022,
the City waives the monthly license fee that restaurants are required to pay pursuant to
their respective outdoor dining license agreements with the City under Santa Monica
7.B.d
Packet Pg. 1567 Attachment: Proposed Resolution Extending Certain Fee Waivers/Reductions (4858 : Santa Monica Outdoors Program Extension (15 mins))
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Municipal Code Section 9.31.200. Thereafter, restaurants shall resume paying their
respective monthly outdoor licensing fees according to the fees established by Resolution
No. 11340, or any amendments or successors thereto.
SECTION 2. From the effective date of this resolution until September 30, 2022,
the City waives the monthly license fee to eligible businesses with a Santa Monica
Outdoors Pilot Program permit for the use of public property pursuant to Santa Monica
Municipal Code Chapter 6.40.
SECTION 3. From the effective date of this resolution until September 30,
2022, businesses with a commercial fitness or athletic instruction permit issued pursuant
to Santa Monica Municipal Code Section 4.55.030 are not required to pay quarterly use
charges, unless the business provides commercial fitness or athletic instruction at
Palisades Park in which case the quarterly use charges shall be (a) $450 per quarter for
small groups (not more than 2); $900 per quarter for medium groups (not more than 10);
and (b) $1,350 per quarter for large groups (not more than 15).
SECTION 4. From the effective date of this resolution until September 30, 2022,
the City waives processing fees for temporary use permits for sidewalk sales and other
seasonal sales that are not otherwise required to comply with the provisions of the Santa
Monica Outdoors Pilot Program, and for temporary use permits issued for a period longer
than 45 days but less than 180 days, issued pursuant to the emergency interim zoning
ordinance adopted concurrently with this resolution that extends and amends interim
zoning regulations set forth in Emergency Interim Zoning Ordinance Number 2678 (CCS).
SECTION 5. The waiver of fees by this resolution shall be effective immediately
upon adoption of this resolution.
7.B.d
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SECTION 6. If there are any conflicts between the fees waived in this resolution
and fees waived by any prior resolution, the waiver of fees pursuant to this resolution shall
control.
SECTION 7. The City Clerk shall certify to the adoption of this resolution and
thenceforth and thereafter the same shall be in full force and effect.
APPROVED AS TO FORM:
_______________________ SUSAN Y. COLA
Interim City Attorney
7.B.d
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City Council Meeting: May 10, 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 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
7.B.e
Packet Pg. 1570 Attachment: Proposed Emergency Interim Zoning Ordinance [Revision 1] (4858 : Santa Monica Outdoors Program Extension (15 mins))
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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
7.B.e
Packet Pg. 1571 Attachment: Proposed Emergency Interim Zoning Ordinance [Revision 1] (4858 : Santa Monica Outdoors Program Extension (15 mins))
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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
7.B.e
Packet Pg. 1572 Attachment: Proposed Emergency Interim Zoning Ordinance [Revision 1] (4858 : Santa Monica Outdoors Program Extension (15 mins))
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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
7.B.e
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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
7.B.e
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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
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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
7.B.e
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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
7.B.e
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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
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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
7.B.e
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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).
7.B.e
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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
7.B.e
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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:
7.B.e
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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,
7.B.e
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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:
7.B.e
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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
7.B.e
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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
7.B.e
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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.
7.B.e
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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
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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
7.B.e
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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
7.B.e
Packet Pg. 1590 Attachment: Proposed Emergency Interim Zoning Ordinance [Revision 1] (4858 : Santa Monica Outdoors Program Extension (15 mins))
Board Executives
Chair Michael Ricks
Providence Saint John’s
Health Center
Chair-elect
Greg Morena
The Albright
Past Chair
Becky Warren
Elevate Public Affairs
Treasurer
Len Lanzi
Stubbs, Alderton &
Markiles LLP
Vice Chair
Julia Ladd
Santa Monica
Place/Macerich
Vice Chair
Paula Larmore
Harding Larmore Kutcher
& Kozal LLP
Vice Chair
Ellis O’Connor
MSD Hospitality/Fairmont
Miramar Hotel
Board Members
Younes Atallah
Loews Santa Monica Beach
Hotel
Craig Babington
Morley Builders
Andrew Barrett-Weiss
GoodRX
Dom Bei
Santa Monica Firefighters
Local 1109
Jason Berkowitz
Arrow Up Training
Jasson Crockett
Snapchat
Kevin Delijani
Delphi Real Estate Group
Dr. Ben Drati
SMMUSD
Celia Fisher
Beach Moms Daycare
Rudy Flores Santa Monica Police
Officers Association
Board Members, Cont.
Jeffrey Fritz
Fritz Buffone Group | Compass
Realty
Lisa Glasser
Oracle
Ryan Ole Hass
Align RE | a global real estate
collaboration
Ann Hsing Pasjoli
Kathy Irby
Commercial Bank of California
Jeff Jarow
PAR Commercial
Dr. Kathryn Jeffery
Santa Monica College
Kim Koury
Spin PR
Julien Laracine
Proper Hospitality
Hayden Lee
Hayden Lee Coaching Intl.
Charlie Lopez-Quintana
ETC Hotels
Jonathan McCowan 310 Tutors
Susan Neisloss
Big Bite Productions
Pam O’Connor
Terry O’Day In Charge Energy
Janet Rimicci
UCLA Health
Laura Rosenbaum
CIT One West
Beth Schroeder
Raines Feldman
Jon Shoemaker
Gumbiner Savett, Inc.
Nat Trives
Coalition for Engaged Education
Jerry L. Yu
Kaiser Permanente
May 10, 2022
City Council
City of Santa Monica
1685 Main Street
Santa Monica, California, 90401
RE: Item 7.B – Santa Monica Outdoors Pilot Program - SUPPORT
Dear Mayor and Council Members:
On behalf of the Santa Monica Chamber of Commerce we write in support of
item 7.B on tonight’s agenda.
The City’s swift action in standing up a no-cost outdoor business program has
provided a lifeline to our local businesses which have struggled through the
past two years of a global pandemic.
While the horizon is brighter than it has been in the past two years, the reality
is our businesses still need as much support as possible to stabilize their
finances and operations.
Extending the pilot program, fee waivers, and IZO will provide our businesses
with additional financial relief and certainty that the investments they have
made in their outdoor business spaces will continue to serve customers and
generate revenue for them.
We thank you for your attention to our business community’s concerns and
your continued action to support our community’s economic recovery.
Sincerely,
Matt Stauffer Michael Ricks
Interim CEO 2021-22 Board Chair
Item 7.B 05/12/22
1 of 1 Item 7.B 05/12/22
7.B.f
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SANTA MONICA OUTDOORS
TEMPORARY
OUTDOOR PROGRAM
Extension Request
City Council May 11, 2022
7.B.g
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SANTA MONICA OUTDOORS PILOT PROGRAM
TONIGHT'S REQUEST
1) Amend SMMC Chapter 6.40 Santa Monica Outdoors Pilot
Program to extend term to September 30, 2022 (TUP operations
+ fee waivers)
2) Adopt a resolution to authorize extension of fee waivers for
monthly outdoor license fees, including existing monthly sidewalk dining
license fees and outdoor fitness fees in City Parks and the Beach
3) Introduce and Adopt an Emergency IZO amending and extending
interim zoning regulations established by Emergency Interim Zoning
Ordinance No.2674 (CCS) and extended by Emergency IZO Ordinance
No. 2678
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Packet Pg. 1593 Attachment: PowerPoint Presentation (4858 : Santa Monica Outdoors Program Extension
SANTA MONICA OUTDOORS –TEMPORARY USE PERMIT
SANTA MONICA OUTDOORS PILOT PROGRAM
❑Established under City Council Emergency Orders
❑To facilitate these uses prior to the Emergency Order expirations, City Council
adopted an ordinance establishing the SM Outdoors Pilot Program (SMMC
Chapter 6.40) and a resolution to waive associated fees on June 8, 2021
❑On December 14, 2021 Council extended the Pilot Program to June 30, 2022
Recommended Action:To extend the SM Pilot Program through September
30, 2022
Staff will return to Council in June 2022 to review options for longer-term parklet
program.
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Packet Pg. 1594 Attachment: PowerPoint Presentation (4858 : Santa Monica Outdoors Program Extension
IZO Extension of Outdoor Use of Private Property | Extended Through December 31, 2022
❑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
❑Separate Review Path from the Parklet Program
»Staff to return to Council in Fall 2022 (specific Program for Outdoor Use of Private Property)
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Packet Pg. 1595 Attachment: PowerPoint Presentation (4858 : Santa Monica Outdoors Program Extension
SIDEWALK DINING –LEVERAGING CITY ASSETS TO SUPPORT LOCAL BUSINESSES
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Packet Pg. 1596 Attachment: PowerPoint Presentation (4858 : Santa Monica Outdoors Program Extension
PARKLETS DINING –LEVERAGING CITY ASSETS TO SUPPORT LOCAL BUSINESSES
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Packet Pg. 1597 Attachment: PowerPoint Presentation (4858 : Santa Monica Outdoors Program Extension
OUTDOOR DINING ON PRIVATE PROPERTY
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Packet Pg. 1598 Attachment: PowerPoint Presentation (4858 : Santa Monica Outdoors Program Extension
MAIN STREET AL FRESCO
Photo Credit: Sean Paul Franjet
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Packet Pg. 1599 Attachment: PowerPoint Presentation (4858 : Santa Monica Outdoors Program Extension
TEMPORARY FITNESS ZONES + PERMITS
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Packet Pg. 1600 Attachment: PowerPoint Presentation (4858 : Santa Monica Outdoors Program Extension