O26001
City Council Meeting: January 8, 2019 Santa Monica, California
ORDINANCE NUMBER 2600 (CCS)
(City Council Series)
AN URGENCY INTERIM ZONING ORDINANCE OF THE CITY COUNCIL OF
THE CITY OF SANTA MONICA EXTENDING URGENCY INTERIM
ORDINANCE NUMBER 2594 (CCS) CREATING USE CLASSIFICATIONS FOR
RESTAURANT, FAST FOOD AND RESTAURANT, LIMITED-SERVICE AND
TAKE-OUT FOR THE BC (THIRD STREET PROMENADE) DISTRICT AND
PROHIBITING RESTAURANT, FAST FOOD IN ESTABLISHMENTS WITH
FRONTAGE ON THE THIRD STREET PROMENADE
WHEREAS, on July 25, 2017, the City Council of the City of Santa Monica
(the “City Council”) adopted the Downtown Community Plan (“DCP”) which sets
forth a vision for the continued vitality of the Third Street Promenade as a major
public space framed by retail and restaurant uses that form unique experiences
enjoyable to both residences and visitors; and
WHEREAS, the DCP values the retention of the Downtown’s authenticity,
encourages local uses, and promotes unique visitor experiences; and
WHEREAS, fast food chains are formula establishments with numerous
locations and standardized features, such as façade, décor, color scheme and
signage, dependent on brand recognition created through repetition of the same
characteristics for each store in multiple locations; and
WHEREAS, fast food chains are currently permitted on the Third Street
Promenade; and
2
WHEREAS, while the consistency of fast food chains breeds familiarity with
consumers, a proliferation of fast food chains on the Third Street Promenade is
inconsistent with the stated goals of the DCP to preserve the unique character of
the Third Street Promenade; and
WHEREAS, if current regulations continue, small- and medium-sized dining
establishments could be eliminated from the Promenade and replaced with
duplicative and formulaic chains, decreasing the diversity of food offerings to
residents and visitors, thereby negatively impacting the character and purpose of
the Promenade; and
WHEREAS, fast food restaurants generate a significant amount of wast e
due to dependence on disposable tableware and packaging that is not generated
by restaurants that do not rely on disposable packaging and tableware; and
WHEREAS, such disposable packaging and tableware negatively
contribute to pollution of the Santa Monica Bay and the ongoing global crisis of
ocean pollution; and
WHEREAS, Downtown Santa Monica, Inc. has commenced a planning
effort, “Promenade 3.0”, to study the future of the Third Street Promenade; and
WHEREAS, the City has commissioned a needs assessment study for the
Third Street Promenade, including identification of a conceptual design that helps
revitalize the Promenade as a walking and shopping corridor; and
3
WHEREAS, a proliferation of fast food restaurants on the Promenade
before completion of the planning processes currently underway could negate the
City’s ability to shape land uses and urban design of the Promenade in the future;
and
WHEREAS, on November 27, 2018, the City Council adopted Urgency
Interim Zoning Ordinance Number 2594 (CCS) (“Interim Zoning Ordinance 2594”)
to create new use classifications for Restaurant, Fast Food and Restaurant,
Limited-Service and Take-Out for the BC (Third Street Promenade) District and to
prohibit Restaurant, Fast Food in establishments with frontage on the Promenade;
and
WHEREAS, pursuant to Santa Monica Municipal Code Section 9.46.090(D)
and California Government Code Section 65858(b), Interim Zoning Ordinance
shall expire 45 days after its adoption, or on January 11, 2019; and
WHEREAS, the City Council finds and declares that a current and
immediate threat to public health, safety and welfare continues to exist, requiring
the extension of Interim Zoning Ordinance 2594, because extending the immediate
prohibition of fast food restaurants on the Third Street Promenade on an interim
basis is necessary to protect the unique character of the Third Street Promenade,
reduce waste generated by disposable tableware and packaging, and allow for
planning efforts for the future of the Promenade to continue.
4
NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF SANTA
MONICA DOES HEREBY ORDAIN AS FOLLOWS:
SECTION 1. Interim Zoning Regulations.
A) Use Classifications for Restaurant, Fast Food and Restaurant,
Limited Service and Take-out. The following Nonresidential Use Classifications
shall apply to the BC Promenade District only:
1) Restaurant, Fast Food. Establishments having:
a) more than 100 locations nationwide at the time that the
application for the establishment is deemed complete by the City; and
b) characteristics, including but not limited to, orders
placed at a walk-up window, counter, or machine; payment prior to food
consumption; and food served with disposable, one-time, or limited-use
wrapping, containers, or utensils.
Typically, such establishments may utilize standardized signage or
décor, and permit consumption of food and beverages on the premises within a
short period of time or taken off the premises.
2) Restaurant, Limited-Service and Take-Out. Establishments that
are not considered Restaurant, Fast Food where food and beverages ma y be
consumed on the premises, taken out, or delivered. This classification includes
cafes, cafeterias, coffee shops, delicatessens, sandwich shops, limited -service
pizza parlors, self-service restaurants, ice cream and frozen yogurt shops, and
snack bars with indoor or outdoor seating for customers. This classification
includes bakeries that have tables for on-site consumption of products. It excludes
5
catering services that do not sell food or beverages for on -site consumption (see
Commercial Kitchen). See Division 3, Sections 9.31.040, Alcoholic Beverage
Sales, and 9.31.280, Restaurants, Limited-Service and Take-Out Only, where
applicable, for further details.
B) Prohibited Use. Restaurant, Fast Food shall be prohibited in
establishments with frontage on the Third Street Promenade.
C) Applicability. Any application for a planning entitlement or building
permit, including plan check, determined complete on or before November 27,
2018 shall have a vested right to proceed without complying with this Inter im
Zoning Ordinance.
SECTION 2. In accordance with CEQA Guidelines Section 15061(b)(3),
this Interim Zoning Ordinance is exempt from CEQA as it can be seen with
certainty that the proposed ordinance does not have the potential to significantly
impact the environment. This determination is made based on the record as a
whole, including, but not limited to, evidence that the regulations set forth in this
Interim Zoning Ordinance represent a temporary change to use standards that
would result in more restrictive use standards than existing regulations.
SECTION 3. Any provision of the Santa Monica Municipal Code or any
appendix thereto inconsistent with the provisions of this Ordinance, to the extent
of such inconsistencies and no further, is hereby repealed or modified to that extent
necessary to effect the provisions of this Ordinance.
SECTION 4. 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
6
any court of 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 5. 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 become effective immediately upon its adoption.
SECTION 6. This Ordinance shall be of no further force or effect as of
November 26, 2019, unless it is otherwise extended pursuant to Santa Monica
Municipal Code Section 9.46.090 and Government Code Section 65858 .
APPROVED AS TO FORM:
_________________________
LANE DILG
City Attorney
Approved and adopted this 8th day of January, 2019.
_____________________________
G l e a m D a v i s , M a y o r
State of California )
County of Los Angeles ) ss.
City of Santa Monica )
I, Denise Anderson-Warren, City Clerk of the City of Santa Monica, do
hereby certify that the foregoing Ordinance No. 2600 (CCS) had its introduction
and adoption at the Santa Monica City Council meeting held on January 8, 2019,
by the following vote:
AYES: Councilmembers Himmelrich, McKeown, Morena, Winterer
Mayor Pro Tem O’Day, Mayor Davis
NOES: None
ABSENT: None
ATTEST:
_____________________________________ _________________
Denise Anderson-Warren, City Clerk D a t e
A summary of Ordinance No. 2600 (CCS) was duly published pursuant to California
Government Code Section 40806.
Gleam Davis (Jan 28, 2019)
Gleam Davis
Jan 29, 2019