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council MeetIng: August 9, 1994
Santa Monlca, California
TO: Mayor and City Council
FROM: City Staff
SUBJECT: Emergency Ordinance Prohibiting Fast Food Establishments
in Specified Portions of the C3 and C3C Districts on an
Interul Basis.
INTRODUCTION
This report recommends that the CIty Council adopt the attached
Emergency Ordinance WhlCh would direct the Plannlng Commission and
city staff to disapprove all requests for the creation of fast food
establishments in the Bayside DIstrIct,
except for those
establlshments exenpted under Section 4 of the OrdInance.
BACKGROUND
In May 1994 the City Council adopted Ordlnance 1746 (CCS) which
extended the
limitations on the number of
food serving
establlshments and alcohol outlets In the Bayslde District to
November of 1995. To prevent the potential proliferation of fast
food restaurant ln the Bayslde DistrIct, at its meetlng of August
2, 1994, the city Councll dIrected staff to prepare an Emergency
Ordinance ~hlCh would prohIbit the establishnent of fast food uses.
AUG 0 9 1994
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The attached OrdInance would prohibit the establishment or
expanslon of any fast food uses in the Bayside District, except
those uses which have obtained a business license or building
permit before August 9, 1994. Staff is aware of two new fast food
operations WhICh have obtained approval, but have not yet opened.
These include Fatburger located at 1218 Third street Promenade and
Hollywood Hotdog Conpany located at 219 Arizona Avenue. Due to the
fact that these tFo establishments have obtained building permits,
they would not be subJect to the proposed Ordinance.
According to the provisions of the ThIrd street Mall Specific Plan,
fast food establishments are currently a permitted use. The
proposed Bayslde Dlstrlct SpecifIc Plan ~ould require a Conditional
Use Per~it for fast food uses. The Bayside District Specific Plan
and proJect ErR will be before the City Councl1 in December of
1994.
The proposed Emergency Ordinance would be In effect for 45 days
from the date of adoption. PrIor to eXplratlon of the Emergency
Ordinance on Septenber 23, 1994, staff will return to City Council
with a proposed anendnent to Ordinance 1746 (CCS), to include the
fast food prohlbltlon as part of the limitatlon on food serving
establishments and alcohol outlets In the Bayslde DIstrict.
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BUDGET/FINANCIAL IMPACT
The proposed Ordinance would have no budget/financial impact.
RECOMMENDATION
It is recommended that the City Council adopt the attached
Emergency Ordlnance.
Prepared by:
Suzanne Frlck, PCD Director
David Martln, ASsocIate Planner
Attachment:
Proposed Ordlnance
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CA:f:\atty\muni\laws\mhs\ffood
city Council Meeting 8-9-94
Santa Monica, California
ORDINANCE NUMBER 1766 (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. Findings 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 Distr1ct Specific
Plan. The Bayside District Specific Plan is currently undergoing
environmental review pursuant to the California Environmental
Quali ty Act (ItCEQA").
(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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operating the cemetery, however, operating expenses have exceeded
revenues over the last few years. The proposed fee increases will
provide additional revenue to offset current and future operating
expenses and capital improvements and are based on the market value
comparable to other cemeteries in the area.
Attached is a table comparing a majority of Woodlawn's current and
proposed fees to other cemeteries in the area. A complete list of
fees and services are included in the attached Resolution.
BUDGET/FISCAL IMPACT
Approval of the proposed fee increases w11l generate an additional
$53,000 in FY 1994-95 revenue account 37-500-641-00000-0220-10000
and an additional $86,900 for revenue account 37-400-641-00000-
0221-10000.
RECOMMENDATION
It is recommended that the City Council: (1) approve the attached
Resolution increasing fees for the purchase of graves, crypts,
n1ches, and other services at Woodlawn Cemetery, and (2) increase
budget amount at account no. 37-500-641-00000-0220-1000 by $53,000
and 37-500-641-00000-0221-10000 by $86,900.
Attachments:
Table I
Resolution
Prepared by:
craig Perkins, EPWM Director
John Mundy, utilities Manager
Jean Higbee, Sr. Administrative Analyst
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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 Bayslde 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 llcense 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 publ ic peace, hea 1 th and sa f ety , 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
unconsti tutional 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:
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MARSHA JONES MOUTRIE
city Attorney
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Adopted and approved thIS 9th day of August, 1994
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I hereby certIfy that the foregomg Ordmance No. 1766 (CCS) was duly and regularly
adopted at a meetmg of The City CouncIl on the 9th day of August, 1994, by the following
Council vote
Ayes:
Councilrnembers.
Abdo, Genser, Holbrook, Olsen, Rosenstein, Vazquez
Noes:
CouncIlmembers'
None
Abstam' Councilmembers None
Absent. Councllrnembers'
Greenberg
ATTEST.
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City Clerk