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.
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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.
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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
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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
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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