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SR-8-A (127) PCD:PPA:SF:PC:DM f:ppd\share\ccreport\extffood Council Meeting: September 13, 1994 8A SEP 1 3 1991 SEP 2 0 1991t Santa Monica, California TO: Mayor and City Council FROM: City Staff SUBJECT: Ordinance Extending Prohibition on Fast Food Establishments in Specified Portions of the C3 and C3C Districts on an Interim Basis. INTRODUCTION This report recommends that the city Council adopt the attached Ordinance which would extend the recently adopted emergency ordinance (Ordinance 1766 (CCS)) directing the Planning commission and City staff to disapprove all requests for the creation of new fast food establishments or the expansion of existing fast food establishments in the Bayside District, except for those establishments exempted under Section 4 of the ordinance. BACKGROUND In May 1994 the City council adopted Ordinance 1746 (CCS) which extended the limitations on the number of food serving establishments and alcohol outlets in the Bayside District to November of 1995. To prevent the potential proliferation of fast food restaurants in the Bayside District, at its meeting of August 2, 1994, the City Council directed staff to prepare an Emergency Ordinance which would prohibit the establishment of fast food uses. SEP 2 0 1994 1 SEP 1 3 199It 8A . ' At the city Council meeting of August 9, 1994 the City Council adopted Ordinance 1766 (CCS) which established a 45 day moratorium on the issuance of permits for the creation or expansion of fast food outlets in the Bayside District plan area. The 45 day emergency ordinance will expire on September 23, 1994. In order to prevent the potential proliferation of fast food restaurants, staff is recommending that the Council adopt the attached emergency ordinance which would extend the moratorium for a period of six months, to March of 1995. Prior to the expiration of the emergency ordinance, the City council will review the Bayside District Specific Plan update, and may incorporate the provisions of the moratorium into the permanent Bayside District Specific Plan. ANALYSIS The proposed ordinance would continue the provisions of the existing emergency ordinance which directs the Planning commission and City staff to disapprove all requests for the issuance of approvals for the creation or expansion of fast food establishments in the Bayside District. The ordinance would have no effect on existing fast food establishments or the two new fast food establishments which have obtained building permits, but have not yet opened (st. Urbain Street Bagels and Hollywood Hotdog). While some members of Council have expressed concern regarding existing fast food outlets, the City Attorney's office has stated that the City has no ability to regulate existing outlets, except to require that existing outlets be eliminated if they are closed for more 2 than six months. Furthermore, Planning staff feels that in order to provide a range of affordability in regard to eating establishments in the downtown area, it is necessary to maintain a certain number of fast food uses. There are currently a total of seventy food serving establishments in the Bayside District Specific Plan area. Of these, forty-eight are full service restaurants, thirteen are fast food restaurants, seven are coffee houses and two are bakeries. These classifications are based on the definitions for fast food restaurants, coffee houses and bakeries contained in the proposed ordinance. The definitions are as follows: Fast-Food Restaurant. 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 restaurant include, but are not limited to, the purchase of food at a walk-up window or counter, payment of food prior to consumption, and the packaging of food in disposable containers. A restaurant shall not be considered a fast-food or take-out restaurant solely on the basis of incidental or occasional take-out sales. 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. Bakery. An establishment or portion thereof which is primarily engaged in the retail sale of baked products for consumption off-site. The products may be prepared either on or off-site. Such use may include incidental food service. 3 Based on these definitions, staff has identified the existing establishments which would be considered fast food. These include all locations where food is available and prepared on-site, but no containers. table service is provided and food is packaged in disposable following: 1. 2. 3. 4 5. 6. 7. 8. 9. 10. ll. 12. 13. The thirteen fast food establishments include the Hollywood Hotdog Co. Dorney's Deli Fatburger st. Urbain street Bagels stop N' Cafe Acme Cookie Pizzarito Humphrey Yogurt criterion Plaza La Salsa P.O.P.S. Gallerie Gourmet Mc Goo's 219 Arizona Avenue 1215 3rd street 1218 3rd street 1232 3rd street 1237 3rd Street 1249 3rd Street 1310 3rd street 1312 3rd Street 1315 3rd Street 1401 3rd street 1405 3rd Street 1437 3rd Street 213 Arizona Avenue Under the provisions of the proposed ordinance, these thirteen fast food establishments would be permitted to continue to operate unless they cease operation for a period of six months or longer. Furthermore, another fast food operation could take over an existing outlet, provided they are located within the exact location of the previous use and they reopen within six months of when the previous use closed. BUDGET/FINANCIAL IMPACT The proposed Ordinance would have no budget/financial impact. 4 RECOMMENDATION It is recommended that the City Council adopt the attached Emergency Ordinance extending the prohibition on fast food establishments in the Bayside District Specific Plan area. Prepared by: Suzanne Frick, PCD Director David Martin, Associate Planner Attachment: Proposed Ordinance 5 CA:f:\atty\muni\laws\mhs\ffood2 city Council Meeting 9-13-94 Santa Mon1ca, 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 Clty Council finds and declares: (a) At its August 11, 1992 City council meeting, the City Council initiated the process of establish1ng a Bayside District zoning d1strict ("Distrlct") which will encompass portions of the current C3 and C3C zonlng dlstricts. At the same meeting, the city Council considered the adoption of the Bayslde District specific Plan. The Bayside Dlstrict Specific Plan is currently undergoing environmental review pursuant to the California Environmental Quali ty Act (IICEQAII). (b) At its August 2, 1994 city Councll meeting, the city Counc1l directed staff to conslder a prohibl tlon 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 Speclfic Plan 1 under review. Further actlon is needed by the Cl ty council to establlsh the Bayslde Distrlct zoning district and to adopt the Bayside District Specific Plan. Further, the city council will consider at a later meetlng the adoption of specific zoning ordinances regulatlng permitted uses and property development standards in the District consistent with the Specific Plan. (c) If current development activity lS allowed to contlnue in the Distrlct pending such flnal approval, fast food uses incompatible with the proposed Bayside Distrlct Specific Plan and zonlng 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, lt lS necessary on an interim basis to prohibit the establishment of new fast food establishments as lncompatible with the proposed Speclfic 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 servlng establishments in the District is limlted by Ordinance, the proliferatlon of fast food uses has the potential to displace other types of food serving establishments and alter the mixture of types of food establlshments 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 perm1ts, 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 findlngs 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 distr1cts on an lnter1m basls and declaring the presence of an emergency. This ordinance is due to explre on September 23, 1994. It is necessary to extend the provisions of this Ordinance pend1ng adoption of the Bayslde Distr1ct Specific Plan. As set forth above, there exists a current and immediate threat to the publlC health, safety, or welfare, and the approval of additional administrative approvals, development review permits, conditional use permlts, business licenses, building permits, or any other applicable entitlement for fast food uses in the Bayside District incompat1ble wlth the standards of this lnterlm ord1nance would result in a threat to pUblic health, safety, or welfare. SECTION 2. Definitions. The following words or phrases as uses ln this Ordinance shall have the following meanings: Bakery: An primarily engaged establishment in the retail or portion sale of thereof which baked products is for 3 consumption off-site. The products may be prepared e1ther on or off-site. Such use may include incidental food service. Coffee House: An establishment which is pr1mar1ly 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 retall sale of food items, provided that the food is prepared off-site, and the establ1shment does not contain anyon-site kitchen facilities. Fast Food Establishment: A restaurant where customers purchase inexpensive food and elther consume the food on the premlses within a short perlod 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 1n disposable containers. A restaurant shall not be considered a fast food restaurant solely on the basis of 1ncidental or occasional take out sales. Coffee houses and bakeries shall not be considered fast food estab11shments. Proposed Bayside D1strict: That area bounded by Wllshire 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 Expans1on. The Plann1ng CommlSS1on and City staff are directed to disapprove all requests for the issuance of building permits, administrati ve approvals, development review 4 permits, conditlonal use permlts, business licenses or any other City approvals for the creation or expansion of Fast Food establishments in the Proposed Bayslde Dlstrlct, except as exempted under Section 4. (b) Conversion of Existing Uses. No property within 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 followlng: (a) Any Fast Food establishment which has obtained an administrative approval, buildlng permit, or business license for operation in the Proposed Bayside District before August 9, 1994. (b) Any project to be located at a s1te 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 requlred by law. SECTION 6. Any provision of the Santa Mon1ca Municipal Code or appendices thereto, incons1stent 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 Monlca City Charter. It is necessary for preserving the public peace, health and safety, and the urgency for its adoption is set forth ln the findings above. SECTION 8. If any sectlon, subsection, sentence, clause, or phrase of this Ordinance is for any reason held to be invalid or unconstitutlonal by a decision of any court of any competent jurisdiction, such declsion 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, subsectlon, sentence, clause, or phrase not declared invalid or unconstltutional wlthout regard to whether any portion of the Ordinance would be subsequently declared lnvalid or unconstitutional. 6 SECTION 9. The Mayor shall sign and the city Clerk shall attest to the passage of thlS Ordinance. The city Clerk shall cause the same to be published once in the official newspaper within 1.5 days after ~ts adoption. This Ordinance shall be effective upon its adoptlon. APPROVED AS TO FORM: /1 <7" 1 I ?~h'~ ~1u.< MARSHA JONtS MOUTRIE City Attorney 7 Adopted and approved thIS 20th of September, 1994 :l {;}; v'b M~r I hereby cemfy that the foregomg Ordmance No 1770 (CCS) was duly adopted at a meetIng of the City CouncIl held on the 20th of September, 1994 by the followmg vote: Ayes Councllmembers. Abdo, Genser, Greenberg, Holbrook. Olsen. Rosenstem. Vazquez Noes Councdmembers' None Abstam: Counctlmembers' None Absent CouncIlmembers. None ATTEST ~~L/a~ -- - / CIty Clerk