The definitions in Section
9.52.020 apply to the words and phrases used in this Chapter, unless otherwise specified herein. In addition, the following words and phrases have the following meanings when used in this Chapter:
"Eligible business"
means: (1) a business that operates out of a physical location in the City and has received any necessary entitlements from the City to operate; and (2) 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 Section
9.51.030 of this Code.
"Director"
means the Director of the Community Development Department
or designee.
"Main Street closure area"
means the portions of the roadway on Main Street that are
subject to temporary and periodic weekend closure and designated for
outdoor dining or other business activities pursuant to administrative
regulations issued under this Chapter.
"Main Street satellite space"
means the public parking or loading space(s) (other than
accessible parking spaces) located in the public right-of-way and
adjacent sidewalk on Main Street where the City has installed K-Rail
barriers and the public parking or loading space is unoccupied by
an adjacent eligible business with a Santa Monica Outdoors pilot program
permit to use a parklet.
"Parklet"
means the public parking or loading space(s) (other than
accessible parking spaces) located in the public right-of-way that
are adjacent to each other and at least one of which is adjacent to
the restaurant or eligible business that seeks to use the space(s)
for outdoor dining or other business activities in compliance with
this Chapter. There may be no parklets on the Third Street Promenade
or the Santa Monica Pier.
"Restaurant"
means a restaurant, full-service, as that term is defined
by Santa Monica Municipal Code Section 9.51.030(B)(8)(b), or a restaurant,
limited-service and take-out, as that term is defined by Santa Monica
Municipal Code Section 9.51.030(B)(8)(c).
"Promenade outdoor dining area"
means any portion of the sidewalk or roadway in the Third
Street Promenade that is designated for outdoor dining pursuant to
administrative regulations issued under this Chapter.
"Promenade satellite outdoor dining area"
means the portion of the roadway in the Third Street Promenade
that is designated pursuant to administrative regulations issued under
this Chapter for a restaurant to deliver its take-out food and beverages
and for patrons to consume such food and beverages.
"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 this Chapter.
"Sidewalk"
means: (1) a "sidewalk," as that term is defined by Section
9.52.020.2250 of this Code, including, but not limited to, any portion of the sidewalk on the Third Street Promenade; or (2) any portion of the Santa Monica Pier that is designated for outdoor dining or business activity pursuant to administrative regulations issued under this Chapter.
(Added by Ord. No. 2673 § 1,
adopted 6/8/21)
The Director is authorized to issue permits to and enter into
licensing agreements with eligible businesses that meet the requirements
for participating in the Santa Monica Outdoors pilot program as set
forth in this Chapter and administrative regulations.
(Added by Ord. No. 2673 § 1,
adopted 6/8/21)
(a) Application Required. Any eligible business seeking to obtain
a Santa Monica Outdoors pilot program permit shall submit an application
using a form designated by the Director for that purpose.
(b) Permit and Licensing Agreement Required. No person may participate
in the Santa Monica Outdoors pilot program without having obtained
a permit from and entered into a licensing agreement with the City.
(c) Posting of Santa Monica Outdoors Pilot Program Permit. The
Santa Monica Outdoors pilot program permit shall be displayed by the
eligible business during business hours.
(d) Specific Santa Monica Outdoors Pilot Program Requirements.
(1) Sidewalk Use. An eligible business that has obtained
a Santa Monica Outdoors pilot program permit and entered into a licensing
agreement for use of the sidewalk may utilize the sidewalk adjacent
to the eligible business to conduct, as applicable, outdoor dining
or other business activities as authorized by the permit and licensing
agreement.
(2) Parklet Use. An eligible business that has obtained
a Santa Monica Outdoors pilot program permit and entered into a licensing
agreement for use of a parklet may utilize the parklet to conduct,
as applicable, outdoor dining or other business activities as authorized
by the permit and licensing agreement.
(A) An eligible business may obtain a Santa Monica Outdoors pilot program
for use of a parklet only in streets that have: (i) a speed limit
of twenty-five miles per hour or less; (ii) a speed limit of thirty
miles per hour and either a Class II or IV bikeway, as those terms
are defined by California State and Highway Code Section 890.4; or
(iii) a speed limit of thirty miles per hour without a Class II or
IV bikeway, so long as the City has authorized a parking lane closure
and the City has implemented additional design or safety specifications.
(B) The construction of and use of a parklet pursuant to a Santa Monica
Outdoors pilot program permit shall comply with the design and safety
specifications set forth in administrative regulations issued under
this Chapter.
(3) Promenade Outdoor Dining Area Use. An eligible business
that has obtained a Santa Monica Outdoors pilot program permit and
entered into a licensing agreement for use of the Promenade outdoor
dining area may utilize the Promenade outdoor dining area for outdoor
dining as authorized by the permit and licensing agreement.
(A) Only a restaurant that operates out of a physical location on the
Third Street Promenade is eligible to obtain a Santa Monica Outdoors
pilot program permit for use of the Promenade outdoor dining area.
(4) Promenade Satellite Outdoor Dining Area Use. An eligible
business that has obtained a Santa Monica Outdoors pilot program permit
and entered into a licensing agreement for use of the Promenade satellite
outdoor dining area may utilize the Promenade satellite outdoor dining
area for outdoor dining as authorized by the permit and licensing
agreement.
(A) Only a restaurant that operates out of a physical location in the
area bounded by the east side of Second Street, south side of Wilshire
Boulevard, west side of 4th Street and north side of Broadway is eligible
to obtain a Santa Monica Outdoors pilot program permit for use of
the Promenade satellite outdoor dining area.
(5) Main Street Closure Area Use. An eligible business that
has obtained a Santa Monica Outdoors pilot program permit and entered
into a licensing agreement for use of the Main Street closure area
may utilize the Main Street closure area to conduct, as applicable,
outdoor dining or other business activities as authorized by the permit
and licensing agreement.
(6) Main Street Satellite Space Use. An eligible business
that has obtained a Santa Monica Outdoors pilot program permit and
entered into a licensing agreement for use of the Main Street satellite
space may utilize the Main Street satellite space for business activity
as authorized by the permit and licensing agreement.
(A) Only an eligible business other than a restaurant may obtain a Santa
Monica Outdoors pilot program permit for use of the Main Street satellite
space. However, restaurants and other eligible businesses located
on Main Street may obtain a Santa Monica Outdoors pilot program permit
for a parklet, Main Street closure area, or use of the adjacent sidewalk
on Main Street as authorized pursuant to this Chapter.
(7) Insurance Required. An eligible business that has obtained
a Santa Monica Outdoors pilot program permit shall maintain insurance
at coverage limits, and with conditions thereon determined necessary
and appropriate from time to time, as determined by the Risk Manager
and name the City of Santa Monica as an additional insured.
(8) Signage. Notwithstanding anything to the contrary in Chapter
9.61 of the Santa Monica Municipal Code, an eligible business that has obtained a Santa Monica Outdoors pilot program 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 public property area that is subject to the Santa Monica Outdoors pilot program permit and licensing agreement.
(9) Compliance with Administrative Regulations. An eligible
business that has obtained a Santa Monica Outdoors pilot program permit
shall comply with any other permit requirements or conditions set
forth in the administrative regulations issued under this Chapter.
(e) Duty to Comply with the Law. Eligible businesses that obtain a Santa Monica Outdoors pilot program permit and enter into a licensing agreement with the City shall comply with all applicable Federal, State, and City laws, rules, and regulations, including, but not limited to, the requirement to have a current business license, the noise restrictions in Chapter
4.12 of this Code, the protection of public trees in compliance with Chapter
7.40 of this Code, compliance with the Americans with Disabilities Act, and compliance with any public health orders issued by the State or County of Los Angeles.
(f) Fees. The City Council may establish application and permit
fees and charges by resolution, which shall:
(1) Defray the City's costs in administering and enforcing the provisions
of this Chapter; and
(2) Reflect charges associated with use of public property pursuant to
this Chapter.
(Added by Ord. No. 2673 § 1,
adopted 6/8/21)
(a) The
Director may adopt administrative regulations to implement the provisions
of this Chapter, including, but not limited to, the location of the
Promenade satellite outdoor dining area and Promenade outdoor dining
area, the portion of the Santa Monica Pier that is subject to a Santa
Monica Outdoors pilot program permit, design and safety specifications
for parklets, the use of adjacent or neighboring tenant or building
space, application procedures, and other permit conditions and requirements.
(b) No
person shall fail to comply with the City's administrative regulations.
(Added by Ord. No. 2673 § 1,
adopted 6/8/21)
Permits issued pursuant to this Chapter shall terminate and
be of no further force or effect beyond September 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.
(Added by Ord. No. 2673 § 1,
adopted 6/8/21; amended by Ord. No. 2705CCS § 1, adopted 5/24/22)
(a) The
Director may deny any application for or suspend or revoke any Santa
Monica Outdoors pilot program permit if the eligible business, including
its employees, managers, officers, principals, directors, owners,
contractors, representatives, or agents:
(1) Has made a materially false, misleading, or fraudulent statement
of fact or omission of fact to the City on the permit application,
during the application process, or during the Santa Monica Outdoors
pilot program;
(2) Operates, has operated, or proposes to operate in a manner that endangers
public health or safety; or
(3) Fails to comply or has failed to comply with any requirement imposed
by the provisions of this Code (or successor provision or provisions),
including any administrative regulations issued pursuant to this Chapter,
or any provision of State law.
(b) Any decision by the City under this Chapter to deny an application for or suspend or revoke a Santa Monica Outdoors pilot program permit may be appealed by an aggrieved applicant or permit holder. An appeal must be taken within the time and manner set forth in Chapter
6.16 of this Code.
(Added by Ord. No. 2673 § 1,
adopted 6/8/21)
No person shall park or leave standing a vehicle in any parklet,
the Main Street closure area, or the Main Street satellite space.
(Added by Ord. No. 2673 § 1,
adopted 6/8/21)
(a) Any
person who violates any provision of this Chapter, including any administrative
regulations, shall be guilty of an infraction, which shall be punishable
by a fine not exceeding two hundred fifty dollars, or a misdemeanor,
which shall be punishable by a fine not exceeding five hundred 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 this Chapter, 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 this Chapter in a criminal case, or
found to be in violation of this Chapter 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.
(Added by Ord. No. 2673 § 1,
adopted 6/8/21)