O26251
City Council Meeting: November 12, 2019 Santa Monica, California
ORDINANCE NUMBER 2625 (CCS)
(City Council Series)
AN URGENCY INTERIM ZONING ORDINANCE OF THE CITY COUNCIL OF
THE CITY OF SANTA MONICA EXTENDING URGENCY INTERIM
ORDINANCE NUMBERS 2594 (CCS) AND 2600 (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
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WHEREAS, fast food chains are currently permitted on the Third Street
Promenade; and
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, the City and Downtown Santa Monica, Inc. have commenced
a planning effort, “Promenade 3.0”, to study the future of the Third Street
Promenade; and
WHEREAS, in furtherance of those planning efforts, the City 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
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shopping corridor, and established a “Promenade 3.0 Task Force” to advise the
project team on key policy decisions during the planning process; and
WHEREAS, as part of “Promenade 3.0”, and consistent with the DCP’s
vision for the Promenade, the City is evaluating current zoning regulations for
opportunities to retain the Promenade’s authenticity, encourage local uses, and
promote unique visitor experiences; and
WHEREAS, a proliferation of chain 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, on January 8, 2019, in accordance with Santa Monica
Municipal Code Section 9.46.090(D) and Government Code Section 65858(b), the
City Council adopted Urgency Interim Zoning Ordinance 2600 (CCS) (“Interim
Zoning Ordinance 2600”) extending Interim Zoning Ordinance 2594 for 10 months
and 15 days to November 26, 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
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the extension of the interim zoning provisions enacted by Interim Zoning
Ordinances 2594 and 2600 for 12 months, 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.
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.
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2) Restaurant, Limited-Service and Take-Out. Establishments that
are not considered Restaurant, Fast Food where food and beverages may
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 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 Interim
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 base d on the record as a
whole, which includes, but is not limited to, evidence that the interim zoning
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provisions represent a temporary change to use standards for a very limited area
within the City’s Downtown that and would be more restrictive than existing use
standards, that were previously analyzed in an Environmental Impact Report (SCH
#2013091056) certified in 2017 in conjunction with the adoption of the City’s
Downtown Community Plan.
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
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.
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SECTION 6. This Ordinance shall be of no further force or effect as of
November 26, 2020.
APPROVED AS TO FORM:
_________________________
LANE DILG
City Attorney
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Approved and adopted this 12th day of November, 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. 2625 (CCS) had its introduction
and adoption at the Santa Monica City Council meeting held on November 12,
2019, by the following vote:
AYES: Councilmembers Jara, Winterer, Morena, McKeown, Himmelrich,
Mayor Pro Tem O’Day, Mayor Davis
NOES: None
ABSENT: None
ATTEST:
_____________________________________ _________________
Denise Anderson-Warren, City Clerk Date
A summary of Ordinance No. 2625 (CCS) was duly published pursuant to California
Government Code Section 40806.
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11/21/2019