SR-042396-6J
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CM'KKV .ckl'f:\cmanager\share\sb 1538 Santa Moruca, CalIfornia APR 2 3 1996
Council Mtg Apnl 23. 1996
STAFF REPORT
TO Mayor and City Councd
FROM Cll)' Staff
SUBJECT RecommendatlOn to Oppose Senate BlIl 1538 Regulatory TakIngs
ConditIonal Use PermIts OrdInances CompensatIon
IntroductlOn
ThIS staff report recommends City CouncIL oppose SBI538 regardmg local regulatIOn of
restaurants or retail food establIshments
DIScuSSIon
Senate Bdl 1538 (Johnson), would prohIbIt a City or county from adoptmg an ordmance or
regulation that dIscontmues a legaL nonconfomung use of a restaurant or retaIL food estabhshment
or lImits the manner or hours of operatIOn of a lav.-iuUy estabhshed and operatmg restaurant or
retail food estabhshment. on or after June I, 1996 unless the owner receIves "Just compensatIOn"
for the restnctIon, ImutatlOn or dIscontmuatIOn of use, or the CIty prOVIdes a "reasonable
amortIzatlOn penod" of at least 20 years ThIS would unpact Santa Moruca's abihty to regulate
Issues related to dnve through and fast food establIshments such as hours of operatlOn and other
condmons of approval Broadly, the b1l1 Wllllmpact the City' s polIce powers. It' s land use and
zomng authonty to regulate these types of uses
APR 2 3 1996
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The League of Cahfoffim Clt1es has opposed the b1l1 Although the bIll has been narrowed to
restaurants only, the amendments do not address cltles concerns Affected cltles mc1ude Artesla.
Berkeley, Burbank, ChIco and Santa Maruca
The Senate Housmg CommIttee passed the measure on Apnl 15. 1996 by a vote of 4 to 3
Senator Kopp made a motion to reconsIder the bIll on behalf of the League and no opposItIon
was expressed The bIll could be reset for reconslderatlOn on May 6, 1996 There IS an
mdICatIOn from the author that the sponsors wIll drop the measure because of dIfficulty ill
secunng passage from the Senate Heanng CommIttee Santa Maruca's oppositIOn should be
regIstered WIth the CommIttee
Budget and FmancIal Impact
There IS no budget or fiscal Impact
Recommendauon
Staff recommends that CouncIl oppose SB 1538 and dIrect the CIty lobbyist to advocate to defeat
the measure
Prepared by Kathryn K Vemez. Semor Management Analyst
Suzanne Fnck. DIrector of Planmng and Commumty Development