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SR 01-08-2019 7F City Council Report City Council Meeting: January 8, 2019 Agenda Item: 7.F 1 of 4 To: Mayor and City Council From: David Martin, Director, City Planning Subject: Introduction and Adoption of an Urgency Interim Ordinance Extending Urgency Interim Zoning Ordinance 2594 (CCS) Prohibiting Fast Food Restaurants on the Third Street Promenade Recommended Action Staff recommends that the City Council adopt an urgency interim ordinance extending an urgency interim ordinance prohibiting fast food restaurants on the Third Street Promenade. Executive Summary On November 27, 2018, Council adopted Urgency Interim Zoning Ordinance No. 2594 prohibiting fast food restaurants on the Third Street Promenade. The urgency interim ordinance was adopted to prevent the proliferation of fast food restaurants on the Promenade and to ensure that the Promenade maintains its authentic characteristics and provides visitors with a distinctive experience not found in most downtown shopping districts. The interim ordinance is set to expire on January 11, 2019. The proposed urgency interim ordinance extension would continue until November 26, 2019 to allow for further study and analysis of the future of the Promenade through the “Promenade 3.0” visioning process. Background On August 14, 2018, Council gave direction to staff to explore methods to limit the proliferation of fast food restaurants on the Promenade and to return to Council with any necessary ordinance amendments. Consistent with this direction, on November 27, 2018, Council adopted an urgency interim ordinance that established the following interim changes applicable to new fast food restaurants applicable only to the BC (Promenade) zone:  Defined “Restaurant, Fast Food” as establishments having the following: 2 of 4 o more than 100 locations nationwide at the time that the application for the establishment is deemed complete by the City; and o 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.  Revised the definition of “Restaurant, Limited-Service and Take-Out” to not include fast food restaurants; and  Prohibited new Restaurant, Fast Food uses in establishments with frontage on the Promenade. The interim ordinance became effective on November 27, 2018, and pursuant to SMMC Section 9.46.090(D) and Government Code Section 65858 is set to expire within 45 days, or on January 11, 2019. The City Council may extend the urgency Interim Zoning Ordinance beyond January 11, 2019 for up to 10 months and 15 days , or until November 26, 2019. The City Council may further extend the urgency Interim Zoning Ordinance beyond November 26, 2019 for an additional 12-month period. Discussion The urgency interim ordinance represents a temporary measure to prohibit fast food restaurants on the Third Street Promenade. Fast food restaurants would continue to be allowed in all other zones citywide. Concerns have also been raised that creating an interim prohibition on fast food restaurants would impact the ability to establish food halls or similar venues on the Third Street Promenade. As food halls are viewed as an amalgamation of restaurants, there would not be a limitation on the establishment of food halls, so long as any of the restaurants within such a location did not meet the definition of “Restaurant, Fast Food”. 3 of 4 As noted in SMMC Section 9.10.040 (Land Use Regulations – Downtown Districts), restaurants are a permitted use on the Third Street Promenade. The initial interim ordinance is set to expire on January 11, 2019. The proposed urgency interim ordinance would extend the term for an additional 10 months and 15 days, with the option to extend for an additional 12 months for a total of two years. Prior to expiration of the extended interim ordinance on November 26, 2020, staff will complete a comprehensive review of the future of the Third Street Promenade through the “Promenade 3.0” visioning process. Environmental Analysis The proposed interim ordinance is categorically exempt from the provisions of the California Environmental Quality Act (CEQA) pursuant to Section 15061(b)(3) of the State Implementation Guidelines (common sense exemption). Based on the evidence in the record, including, but not limited to, evidence that the interim zoning provisions represent a temporary change to use standards that would be more restrictive than existing use standards, it can be seen with certainty that there is no possibility that the proposed interim ordinance may have a significant effect on the environment. Therefore, no further environmental review under CEQA is required. 4 of 4 Financial Impacts & Budget Actions There is no immediate financial impact or budget action necessary as a result of the recommended action. Prepared By: Tony Kim, Principal Planner Approved Forwarded to Council Attachments: A. Fast Food Urgency IZO Extension B. Written Comments 1 City Council Meeting: January 8, 2019 Santa Monica, California ORDINANCE NUMBER _____ (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 1 Vernice Hankins From:The SEO Doctors <theseodoctors@gmail.com> Sent:Tuesday, January 8, 2019 11:01 AM To:Clerk Mailbox Subject:1/8/19 - Item 7F - Promenade sans Fast Food Like we were mentioning at the last meeting, the rents on the promenade are pretty prohibitive of food establishments already. I understand the desire to keep things clean and orderly, but realistically, rents are too high and people want to eat while shopping. (There should be a certain section where rent is cheaper, maybe 4th/2nd streets, where all the food places are.) This ordinance is likely superfluous. Korie Schmidt The linked image cannot be displayed. The file may have been moved, renamed, or deleted. Verify that the link points to the correct file and location. 2442 Barry Ave. Los Angeles, Ca 90064 (310)600-2278 TheSEODoctors@gmail.com www.TheSEODoctors.com The linked image cannot be displayed. The file may have been mov ed, renamed, or deleted. Verify that the link points to the correct file and location. The linked image cannot be displayed. The file may have been mov ed, renamed, or deleted. Verify that the link points to the correct file and location. The linked image cannot be displayed. The file may have been mov ed, renamed, or deleted. Verify that the link points to the correct file and location. This electronic message contains information from The SEO Doctors, which may be privileged or confidential. This message and the information it contains is intended solely for use by the individual(s) or entity named above. If you are not the intended recipient be aware that any disclosure, copying, distribution, use of or benefit from the contents of this information (without the express prior written consent of its author) is prohibited. If you have received this electronic message in error, please notify us by telephone or email immediately. Item 7-F 01/08/19 1 of 1 Item 7-F 01/08/19 REFERENCE: Ordinance No. 2600 (CCS) & Ordinance No. 2594 (CCS)