O1766
CA:f:\atty\muni\laws\mhs\ffood
city Council Meeting 8-9-94
Santa Monica, California
ORDINANCE NUMBER 1 7 6 6 (CCS)
(City Council Series)
AN ORDINANCE OF THE CITY COUNCIL OF THE
CITY OF SANTA MONICA PROHIBITING FAST FOOD
ESTABLISHMENTS IN SPECIFIED PORTIONS
OF THE C3 AND C3C DISTRICTS ON AN INTERIM BASIS
AND DECLARING THE PRESENCE OF AN EMERGENCY
THE CITY COUNCIL OF THE CITY OF SANTA MONICA DOES ORDAIN AS
FOLLOWS:
SECTION 1. Findinqs and Purpose. The City Council finds and
declares:
(a) At its August 11, 1992 City Council meeting, the City
Council initiated the process of establishing a Bayside District
zoning district ("District") which will encompass portions of the
current C3 and C3C zoning districts. At the same meeting, the city
Council considered the adoption of the Bayside District Specific
Plan. The Bayside District Specific Plan is currently undergoing
environmental review pursuant to the California Environmental
Quality Act ("CEQA").
(b) At its August 2, 1994 City Council meeting, the City
Council directed staff to consider a ban on the establishment of
new fast food establishments, or a limitation on those areas in
which such establishments may be appropriate in the Bayside
District, as part of the Bayside District Specific Plan under
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review. Further action is needed by the City Council to establish
the Bayside District zoning district and to adopt the Bayside
District Specific Plan. Further, the City Council will consider at
a later meeting the adoption of specific zoning ordinances
regulating permitted uses and property development standards in the
District consistent with the Specific Plan.
(c) If current development activity is allowed to continue in
the District pending such final approval, fast food uses
incompatible with the proposed Bayside District specific Plan and
zoning ordinance implementation will occur.
(d) Pending the establishment of the Bayside District and
adoption of changes to the zoning ordinance implementing the
provisions of the Bayside District Specific Plan, to protect the
public health, safety, and welfare, it is necessary on an interim
basis to prohibit the establishment of new fast food establishments
as incompatible with the proposed Specific Plan and implementing
ordinances.
(e) The City wishes to prohibit the creation of new fast food
establishments in order to prevent the proliferation of such
establishments in the area. As the total number of food serving
establishments in the District is limited by Ordinance, the
proliferation of fast food uses has the potential to displace other
types of food serving establishments and alter the mixture of types
of food establishments that will exist in the area. Because of
these reasons, there exists a current and immediate threat to the
public health, safety, or welfare, and the approval of additional
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administrative approvals, development review permits, conditional
use permits, business licenses, building permits, or any other
applicable entitlement for fast food uses in the Bayside District
incompatible with the standards of this interim ordinance would
result in a threat to public health, safety, or welfare.
SECTION 2. Definitions. The following words or phrases as
uses in this Ordinance shall have the following meanings:
Fast Food Establishment: Fast-Food or Take-Out Restaurant as
defined in section 9.04.02.030 of the Santa Monica Zoning
Ordinance.
Proposed Bayside District: That area bounded by Wilshire
Boulevard on the north, Broadway on the south, Fourth Court Alley
on the east, and First Court Alley on the west.
SECTION 3. Fast Food Establishments. The Planning Commission
and City staff are directed to disapprove all requests for the
issuance of building permits, administrative approvals, development
review permits, conditional use permits, business licenses or any
other City approvals for the creation or expansion of fast food
establishments in the Proposed Bayside District, except as exempted
under section 4.
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SECTION 4. Exemptions. This Ordinance shall not apply to the
following:
(a) Any fast food establishment which has obtained an
administrative approval, building permit, or business license for
operation in the Proposed Bayside District before the effective
date of this Ordinance.
(b) Any project to be located at a site operated as a fast
food establishment as of the effective date of this Ordinance,
unless such use ceases to operate for a continuous period of six
months.
SECTION 5. This Ordinance shall be of no further force or
effect 45 days from its adoption, unless extended in the manner
required by law.
SECTION 6. 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,
are hereby repealed or modified to that extent necessary to effect
the provisions of this Ordinance.
SECTION 7. This Ordinance is declared to be an urgency
measure adopted pursuant to the provisions of section
9.04.20.16.060 of the Santa Monica Municipal Code and section 615
of the Santa Monica City Charter. It is necessary for preserving
the public peace, health and safety, and the urgency for its
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adoption is set forth in the findings above.
SECTION 8. 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 any competent
jurisdiction, such decision shall not affect the validity of the
remaining portions of this Ordinance. The city Council hereby
declares that it would have passed this ordinance, and each and
every section, Subsection, sentence, clause, or phrase not declared
invalid or unconstitutional without regard to whether any portion
of the Ordinance would be subsequently declared invalid or
unconstitutional.
SECTION 9.
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 be
effective upon its adoption.
APPROVED AS TO FORM:
~7J;JL' b
MARSHA JONES MOUTRIE
City Attorney
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Adopted and approved this 9th day of August, 1994.
~' !fA
Mayor
I hereby certify that the foregoing Ordinance No. 1766 (CCS) was duly and regularly
adopted at a meeting of The City Council on the 9th day of August, 1994; by the following
Council vote:
Ayes:
Councilmembers:
Abdo, Genser, Holbrook, Olsen, Rosenstein, Vazquez
Noes:
Councilmembers:
None
Abstain: Councilmembers: None
Absent: Councilmembers:
Greenberg
ATTEST:
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City Clerk