SR 01-08-2019 7F
City Council
Report
City Council Meeting: January 8, 2019
Agenda Item: 7.F
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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:
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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”.
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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.
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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
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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
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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
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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.
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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
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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
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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
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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
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2442 Barry Ave.
Los Angeles, Ca 90064
(310)600-2278
TheSEODoctors@gmail.com
www.TheSEODoctors.com
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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.
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Item 7-F
01/08/19
1 of 1 Item 7-F
01/08/19
REFERENCE:
Ordinance No. 2600
(CCS)
&
Ordinance No. 2594
(CCS)