SR 04-25-2023 10A
City Council
Report
City Council Meeting: April 25, 2023
Agenda Item: 10.A
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To: Mayor and City Council
From: David Martin, Director, Building & Safety
Subject: Introduction and First Reading of an Ordinance amending SMMC Chapter
8.110 adding Gender Neutral Public Restroom Access
Recommended Action
Staff recommends that the City Council:
1. Adopt a finding of no possibility of significant effect pursuant to Section
15061(b)(3) (Common Sense Exemption) of the California Environmental Quality
Act (CEQA) Guidelines.
2. Introduce for first reading the attached proposed ordinance to add Cha pter 8.110
(Gender Neutral Public Restroom Access) to the Santa Monica Municipal Code.
Summary
The City Council reaffirmed Santa Monica’s commitment to diversity, equity and
inclusion at its March 11, 2023 workshop when it identified Racial Justice, Equity and
Social Diversity as one of its five priorities for Fiscal Years 2023-2025. This priority in
part states that “all community members shall be provided with access to resources and
opportunities, where difference in life outcomes cannot be predicted b y race, class,
gender, disability, or other identities”
While many of us take reliable bathroom access for granted, many do not feel welcome
or safe accessing the bathroom of their choice. Gender neutral public restroom access
is an important opportunity for the City to demonstrate its commitment to equity,
ensuring restrooms are designed to feel safe and accessible by more of our community.
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Pursuant to the authority granted by SB 1194, staff is proposing the adoption of an
ordinance amending Santa Monica Municipal Code (SMMC) by adding Chapter 8.110
“Gender Neutral Public Restroom Access” to require multi-stall, all gender, public
restroom facilities; and establish associated design standards for all newly constructed
buildings for which a complete building permit application is submitted to the City on or
after July 1, 2023. Provisions are also included allowing existing buildings to voluntarily
retrofit existing public restroom facilities.
Discussion
As part of its 2021 State Legislative Platform, City Council established priorities to guide
policy decisions and regulatory matters, which explicitly included the position to,
“support legislation that mandates gender neutral multi-stall bathrooms.” In response to
this directive, the Cities of West Hollywood and Santa Monica co -sponsored California
Senate Bill 1194 (“SB 1194”), which provides authority to cities to require, by ordin ance
or resolution, that new and/or renovated public toilet facilities be designed, constructed,
and identified for use by all genders instead of the design standards for separate
facilities for men and women found in Chapter 4 of the California Plumbing Code (CPC).
SB 1194 was signed into law on September 29, 2022, by Governor Gavin Newsom and
authorizes a city to require, by ordinance or resolution, that new and/or renovated public
toilet facilities within its jurisdiction be designed, constructed, and identified for use by all
genders instead of the design standards for separate facilities for men and women
found in Chapter 4 of the California Plumbing Code (CPC). SB 1194 also contains a
provision that the Bill shall remain in place until such a date that standards for all-
gender, multi-user facilities are provided for in the California Building Standards Code.
Pursuant to SB 1194 authority, staff is proposing the attached gender neutral ordinance
(Attachment A), which would require all newly constructed buildings for which a
complete building permit application for construction is submitted to the City on or after
July 1, 2023, to provide gender neutral public restrooms in compliance with the design
standards stipulated in the ordinance. The proposed o rdinance does not require
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improvements to existing public restrooms, but does include a provision allowing the
voluntary retrofit of existing public restroom facilities.
The proposed ordinance requires the provision of restrooms that are not specific to
gender to provide greater inclusivity and equity. Not feeling safe using the restroom
influences all aspects of a person’s life and can deter people from accessing education
and employment, connecting with friends and community members, seeking medical
services, or doing all of the daily mundane things required by life. Surveys have
repeatedly shown that a large percentage of the trans and gender non -conforming
communities avoid public restrooms and alter their diets to avoid having to use public
facilities. These choices to avoid aspects of public life have shown to have broad
impacts to mental and physical health. Further, we have all experienced at some point
when women are lined up to use facilities while men have no line. There are also many
families with young children of different genders, whereby this would provide greater
access for them when family designated stalls are in use.
Establishing gender-neutral restrooms goes beyond simply posting new signs, although
that is important. The proposed ordinance requires important design elements of
gender-neutral restrooms that ensure private and secure preferred access for all users.
Key elements of the design standards in the proposed ordinance:
• The main entrance to the public restroom space shall not have a door that will
obstruct or prevent visual security;
• Stalls will be replaced with private water closets designed enclosed on all sides
by walls or partitions extending from up to one inch above the floor and/or from
the ceiling and a door enclosing the fixture for privacy for use by no more than
one occupant at a time or family/assisted use;
• The door to each individual water closet shall have a locking mechanism
controlled by the occupant and with a visible identifier to outside occupants that
compartment is occupied;
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• Facilities for washing may be located within the water closet or grouped in an
immediately adjacent common use area accessible to all users;
• Urinals shall be located in an area visually separated from the remainder of the
facility or in an individual compartment(s).
• Substitution of a water closet for each urinal shall be permitted provided the total
number of fixtures installed complies with the minimum number of fixtures
required by the California Plumbing Code.
The California Plumbing Code requires a minimum number of urinals based on the use
and occupancy of a space. The City’s proposed gender neutral public restroom
ordinance allows urinals to be substituted with toilets to comply with this requirement;
however, exclusion of urinals is not obligatory and overall compliance with the number
of required fixtures is ultimately a design choice. The following are examples of gender
neutral public restroom designs both with and without the provision of urinals.
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Example 1 Without Urinals
Example 2 With Secure Urinal Area
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The work associated with the research, preparation, and development of this staff report
and proposed ordinance is a collaborative, cross-departmental effort between the City
Manager’s Office, City Attorney’s Office, Community Development Department (Building
and Safety), and Public Works.
Building and Fire Life Safety Commission Action
The Building and Fire Life Safety Commission heard this item at a February 22, 2023,
special meeting. Four Commission members were present and the Commission
unanimously supported the staff recommendation with the following items of
clarification, which have been included and addressed in the proposed ordinance
presented to Council.
• Clarification of the applicability of the proposed ordinance due to a typo that
identified the regulations as applying to commercial buildings. The reference to
‘commercial’ has been removed. The intent of the proposed ordinance is to apply
to all public restroom facilities.
• Clarification of design standard that gender neutral public restroom facilities be
located along visible and common/open circulation paths.
• Comment regarding the design standard prohibiting an entrance door into public
restroom area that may obstruct or prevent visual security; and, clarification of
whether direct visibility into the gender neutral public restroom facility is required,
or if a 90-degree turn (as an example) is allowed.
Environmental Review
The proposed ordinance amendment to establish regulations and design standards for
gender neutral public restroom facilities is exempt from the provisions of the California
Environmental Quality Ace (“CEQA”), pursuant to Section 15061(b)(3) of the State
Implementation Guidelines (common sense exception). Based on the evidence in the
record, it can be seen with certainty that there is no possibility that the proposed
changes may have a significant effect on the environment. The proposal would not
result in adverse physical environmental effects as it encompasses design modifications
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and lessening use restrictions for public restroom facilities that would otherwise already
be provided in a new development.
Financial Impacts & Budget Actions
There is no immediate financial impact or budget action necessary as a result of the
recommended action.
Prepared By: Ariel Socarras, Building and Safety Manager
Approved
Forwarded to Council
Attachments:
A. Attachment A - Draft Gender Neutral Public Restroom Ordinance
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City Council Meeting: April 25, 2023 Santa Monica, California
ORDINANCE NUMBER_______ (CCS)
(City Council Series)
AN ORDINANCE OF THE COUNCIL OF THE CITY OF SANTA MONICA AMENDING
THE SANTA MONICA MUNICIPAL CODE BY ADDING “GENDER NEUTRAL PUBLIC
RESTROOM ACCESS” TO ARTICLE 8 (BUILDING REGULATIONS) CHAPTER 8.110
(GENDER NEUTRAL PUBLIC RESTROOM ACCESS)
WHEREAS, SB 1194 authorizes a city, country, or city and county to require, by
ordinance or resolution, that public restrooms constructed within its jurisdiction be
designed to serve all genders, as specified, instead of complying with the plumbing
standards set forth in the California Building Standards Code; and
WHEREAS, City Council established City priorities in the 2021 State Legislative
Platform, to guide policy decisions and regulatory matters, Council explicitly included the
position to, “support legislation that mandates gender-neutral multi-stall bathrooms.”; and
WHEREAS, consistent with the Council adopted Framework described in the City
of Santa Monica Adopted Biennial Operating Budget FY2019 -20, our City provides
access to program and opportunities to support the mental health of residents, this
ordinance reduces the stress of finding an useable public restroom universally including:
persons of for all genders, parents with children of a different gender than them, and/or
caregivers that are a different gender than their dependent; and
WHEREAS, consistent with the three tracks approved by the City Council in June
2020: 1) Development of a Black Agenda for Santa Monica, 2) Public Safety Reform, 3)
Equity and Inclusion Work in the City Organization; this ordinance enables the City to
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allow more equitable and inclusive public restroom environments universally including:
persons of all genders, parents with children of a different gender than them, and/or
caregivers that are a different gender than their dependent; and
WHEREAS, consistent with the Community Priorities, as determined by City
Council in March 2021: 1) Addressing Homelessness; 2) Clean and Safe Santa Monica;
3) Equitable and Inclusive Economic Recovery; this ordinance cultivates equitable and
inclusive economic opportunities at educational and employment environmen ts that are
also clean and safe universally including: persons of all genders, parents with children of
a different gender than them, and/or caregivers that are a different gender than their
dependent; and
WHEREAS, this authority will become inoperative and repealed on the date that
standards that address universal access in multi-user facilities take effect in the California
Building Standards Code; and
WHEREAS, the content and details of this ordinance were the subject of a year -
long legislative process that culminated with Governor Newson signing the bill into law on
September 29, 2022.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SANTA MONICA
DOES HEREBY ORDAIN AS FOLLOWS:
SECTION 1. Santa Monica Municipal Code Chapter 8.110 is hereby added to read
as follows:
Chapter 8.110 GENDER NEUTRAL PUBLIC RESTROOM ACCESS
8.110.010 Gender Neutral Public Restroom Facilities Required
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All newly constructed buildings shall be required to provide gender-neutral public
restroom facilities.
8.110.020 Applicability
(a) Except as provided by paragraph (b), below, the requirements of this Chapter shall
apply to public restroom facilities of all new and renovated buildings that constitute
Newly Constructed Buildings as provided in Section 8.110.030 for which a
complete building permit application is submitted on or after July 1, 2023.
(b) The requirements of this Chapter shall not apply to: Newly Constructed Buildings
for which a complete building permit application is submitted before July 1, 2023;
(c) Existing buildings, that are not considered Newly Constructed Buildings, may
voluntarily retrofit public restroom facilities to comply with this Chapter.
(d) Pursuant to Health and Safety Code Section 118507, this Chapter requires that
public restrooms constructed within the City comply with specific requirements
designed to serve all genders instead of complying with the standards set forth in
the California Plumbing Code.
(e) This Chapter shall become inoperative and repealed on the date that standards
that address all-gender, multi-user facilities take effect in the California Building
Standards Code (Title 24 of the California Code of Regulations).
8.110.030 Definitions.
For purposes of this Chapter, the following words or phrases shall have the following
meanings:
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(a) “Applicant” means any person, firm, partnership, association, joint venture,
corporation, or any other entity or combination of entities, or state or local
government agency applying for a permit for a newly constructed building.
(b) “Gender neutral public toilet facility” is defined as a public restroom whose access
shall not be restricted to persons of a specific sex or gender identity.
(c) “Newly-constructed building” means a new structure that has never before been
used or occupied for any purpose, or removal and replacement of an existing
structure; or repair, alteration, modification, addition to, or rehabilitation of an
existing structure, where a demolition will occur, as defined Santa Monica
Municipal Code Section 9.25.030 (A.1) or (A.2).
(d) “Plumbing Code” means the California Plumbing Code published by the California
Building Standards Commission as adopted by reference in Chapter 8.32 of this
Article and any local amendments thereto.
8.110.040 Gender Neutral Public Restroom Facilities and Design.
(a) Single-User Facilities. Shall be designed and constructed with single-user toilet
compartments and identified for use by all genders instead of the design standards
for separate facilities for male and female found in the applicable provisions in
Chapter 4 of the California Plumbing Code.
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(b) Multi-User Facilities. Shall be designed with lavatories located either within
toilet rooms or grouped in an immediately adjacent common use area accessible to all
users. The following acceptable designs are provided for example purposes only.
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(c) Signage. Signage indicating that public toilet facilities are accessible to all
users, and not restricted to persons of a specific sex or gender identity, shall comply
with Part 5 of Title 24 of the California Code of Regulations and be clearly and
conspicuously posted on all entrances to such public restroom facility or facilities. An
example of signage that may be used is depicted below:
(d) Design. Gender neutral public restroom facilities shall be designed to serve all
genders and shall adhere to the following criteria:
(1) The location of facilities shall be along common and open circulation paths
that will maintain privacy and allow for high visibility for security.
(2) The main entrance to the space or area where public restroom facilities are
located shall not have a door that will obstruct or prevent visual security.
(3) Water closets shall be designed as single-user compartments and
designated for use by no more than one occupant at a time or for family or assisted use.
(4) Water closets shall be enclosed on all sides by walls or partitions extending
from up to 1” above the floor and/or from the ceiling, and a door enclosing the fixture for
privacy.
(5) Lavatories may be located in the same compartment as a water closet or
grouped in an immediately adjacent common use area accessible to all users.
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(6) Urinals shall be located in an area visually separated from the remainder of
the facility or in an individual compartment(s).
(7) The door to each individual compartment containing a water closet, urinal, or
both, shall have a locking mechanism controlled by the occupant. The lock shall visually
indicate to outside occupants that the compartment is occupied.
(8) Adequate light and ventilation shall be provided within each compartment
and each area of the facility.
(9) Windows or glazing used in the compartment enclosures shall be opaque to
provide for privacy.
(10) The substitution of a water closet for each urinal shall be permitted provided
the total number of fixtures installed complies with the California Plumbing Code.
(e) Relation to Other Rules and Regulations. The design standards contained in
this Chapter shall not be construed as requiring or authorizing:
(1) A reduction in the number of fixtures or toilet facilities that are required by
Title 24, Part 5 of the California Code of Regulations; or
(2) A reduction in the number of fixtures or toilet facilities accessible to persons
with disabilities that are otherwise required under either Title 24 o f the California Code
of Regulations or the Federal Americans with Disability Act.
(f) Alternate Designs. Gender neutral public toilet facilities may be further
designed in any manner that provides the greatest access, equivalency and privacy for
patrons, and maximizes space, with shared washbasins, enclosed lavatories,
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doorknobs, enclosed urinals and/or toilets, or other design features that promote the
purposes herein promulgated and that may be most cost -effective for the applicant(s).
Alternate design submission requests shall be reviewed by the Building Official or
designee per the provisions in Santa Monica Municipal Code Section 8.08.030(j).
SECTION 3. 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 4. If any section, subsection, sentence, clause or phrase of thi s
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 wo uld have passed
this Ordinance and each and every section, subsection, sentence, clause, or phrase not
declared invalid or unconstitutional without regard to whether any portion of the ordinance
would be subsequently declared invalid or unconstitutional.
SECTION 5. 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 thi rty
days after adoption.
APPROVED AS TO FORM:
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________________________
DOUG SLOAN
City Attorney
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