O1770
CA:f:\atty\muni\laws\mhs\ffood2
City Council Meeting 9-13-94
Santa Monica, California
ORDINANCE NUMBER 1770 (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 prohibition against 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
1
under 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 preserve the
character of the District and 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 and thereby
alter the character and ambiance of the District. Because of these
reasons, there exists a current and immediate threat to the public
2
health, safety, or welfare, and the approval of additional
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.
(f) Pursuant to the findings and purposes outlined above, on
August 9, 1994, the City Council adopted Ordinance Number 1766
(CCS) , prohibiting fast food establishments in specified portions
of the C3 and C3C districts on an interim basis and declaring the
presence of an emergency. This ordinance is due to expire on
September 23, 1994. It is necessary to extend the provisions of
this Ordinance pending adoption of the Bayside District Specific
Plan. As set forth above, there exists a current and immediate
threat to the public health, safety, or welfare, and the approval
of additional 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:
Bakery: An
primarily engaged
establishment
in the retail
or portion thereof which
sale of baked products
is
for
3
consumption off-site. The products may be prepared either on or
off-site. Such use may include incidental food service.
Coffee House: An establishment which is primarily engaged in
the retail sale of coffee or other non-alcoholic beverages and
related products for either on-site or off-site consumption. Such
use may include the retail sale of food items, provided that the
food is prepared off-site, and the establishment does not contain
anyon-site kitchen facilities.
Fast Food Establishment: A restaurant where customers
purchase inexpensive food and either consume the food on the
premises within a short period of time or take the food off the
premises. Typical characteristics of a fast food establishment
include, but are not limited to, the purchase of food at a walk-up
window or counter, payment for food prior to consumption, and the
packaging of food in disposable containers. A restaurant shall not
be considered a fast food restaurant solely on the basis of
incidental or occasional take out sales. Coffee houses and
bakeries shall not be considered fast food establishments.
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.
(a) Creation or Expansion. The Planning Commission and City
staff are directed to disapprove all requests for the issuance of
building permits, administrative approvals, development review
4
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.
(b) Conversion of Existing Uses. No property wi thin the
Proposed Bayside District the use of which on September 13, 1994 is
other than as a Fast Food Establishment may be used as a Fast Food
Establishment while the provisions of this Ordinance are effective,
except as exempted under section 4.
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 August 9, 1994.
(b) Any project to be located at a site operated as a Fast
Food establishment as of August 9, 1994, 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 eighteen (18) months 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,
5
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
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.
6
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:
~~L~
MARSHA JO~S MOUTRIE
city Attorney
7
Adopted and approved this 20th of September, 1994.
M~ t0vb
I hereby certify that the foregoing Ordinance No. 1770 (CCS) was duly adopted at a
meeting of the City Council held on the 20th of September, 1994 by the following vote:
Ayes: Councilmembers:.
Abdo, Genser, Greenberg, Holbrook, Olsen, Rosenstein,
Vazquez
Noes: Councilmembers:
None
Abstain: Councilmembers:
None
Absent: Councilmembers:
None
ATTEST:
~~&.ft:)~
City Clerk