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SR 04-25-2023 10A City Council Report City Council Meeting: April 25, 2023 Agenda Item: 10.A 1 of 7 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. 10.A Packet Pg. 218 2 of 7 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 10.A Packet Pg. 219 3 of 7 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; 10.A Packet Pg. 220 4 of 7 • 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. 10.A Packet Pg. 221 5 of 7 Example 1 Without Urinals Example 2 With Secure Urinal Area 10.A Packet Pg. 222 6 of 7 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 10.A Packet Pg. 223 7 of 7 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 10.A Packet Pg. 224 1 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 10.A.a Packet Pg. 225 Attachment: Attachment A - Draft Gender Neutral Public Restroom Ordinance [Revision 3] (5565 : Adoption of Gender Neutral Restrooms 2 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 10.A.a Packet Pg. 226 Attachment: Attachment A - Draft Gender Neutral Public Restroom Ordinance [Revision 3] (5565 : Adoption of Gender Neutral Restrooms 3 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: 10.A.a Packet Pg. 227 Attachment: Attachment A - Draft Gender Neutral Public Restroom Ordinance [Revision 3] (5565 : Adoption of Gender Neutral Restrooms 4 (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. 10.A.a Packet Pg. 228 Attachment: Attachment A - Draft Gender Neutral Public Restroom Ordinance [Revision 3] (5565 : Adoption of Gender Neutral Restrooms 5 (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. 10.A.a Packet Pg. 229 Attachment: Attachment A - Draft Gender Neutral Public Restroom Ordinance [Revision 3] (5565 : Adoption of Gender Neutral Restrooms 6 (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. 10.A.a Packet Pg. 230 Attachment: Attachment A - Draft Gender Neutral Public Restroom Ordinance [Revision 3] (5565 : Adoption of Gender Neutral Restrooms 7 (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, 10.A.a Packet Pg. 231 Attachment: Attachment A - Draft Gender Neutral Public Restroom Ordinance [Revision 3] (5565 : Adoption of Gender Neutral Restrooms 8 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: 10.A.a Packet Pg. 232 Attachment: Attachment A - Draft Gender Neutral Public Restroom Ordinance [Revision 3] (5565 : Adoption of Gender Neutral Restrooms 9 ________________________ DOUG SLOAN City Attorney 10.A.a Packet Pg. 233 Attachment: Attachment A - Draft Gender Neutral Public Restroom Ordinance [Revision 3] (5565 : Adoption of Gender Neutral Restrooms