O27381
City Council Meeting: March 14, 2023 Santa Monica, California
ORDINANCE NUMBER 2738 (CCS)
(City Council Series)
AN INTERIM ZONING ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
SANTA MONICA AMENDING SANTA MONICA MUNICIPAL CODE SECTION 9.10.040
ELIMINATING THE PROHIBITION ON FAST FOOD RESTAURANTS 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 a mix of retail, restaurants, and services that form unique experiences enjoyable to
both residents and visitors; and
WHEREAS, the DCP supports activities that enrich the Promenade, including
street performances and events that enliven the street and provide memorable
experiences for visitors, while also seeking to expand cultural opportunities including live
music venues and upgraded state-of-the art cinemas; and
WHEREAS, the DCP acknowledges that the Promenade is an essential
component of the Downtown’s economic sustainability and emphasizes the importance
of reevaluating and refreshing the Promenade so that it remains attractive and exciting to
residents and visitors alike; and
WHEREAS, DCP Goal LU3 contemplates that the Downtown will continue to be
the economic center for the City, providing a diverse and flexible mix of uses that can
meet future resident, business and visitor demand; and
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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, the DCP permits fast food chains on the Third Street Promenade; and
WHEREAS, on November 27, 2018, the City Council adopted Urgency Interim
Zoning Ordinance Number 2594 (CCS) (“Interim Zoning Ordinance 2594”), which created
new use classifications for Restaurant, Fast Food and Restaurant, Limited-Service and
Take-Out for the BC (Promenade) District and prohibited Restaurant, Fast Food with
more than 100 locations nationwide in establishments with frontage on the Promenade;
and
WHEREAS, Interim Zoning Ordinance 2594 was designed to preserve the
authentic character of the Third Street Promenade and provide visitors with a distinctive
experience not found in most downtown shopping districts while the City evaluated
current zoning regulations for opportunities to retain the Promenade’s authenticity,
encourage local uses, and promote unique visitor experiences through the “Promenade
3.0” planning process; 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
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WHEREAS, on November 12, 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 2625 (CCS) (“Interim Zoning Ordinance
2625”) extending Interim Zoning Ordinances 2594 and 2600 for 12 months to November
26, 2020; and
WHEREAS, on March 13, 2020, the City Manager, in his role as the Director of
Emergency Services, (“Director of Emergency Services”) proclaimed the existence of a
local emergency pursuant to Chapter 2.16 of the Santa Monica Municipal Code to ensure
the availability of mutual aid and an effective the City’s response to the novel coronavirus
(“COVID-19”) and this local emergency was restated on March 14, 2020, through a
revised declaration of local emergency to ensure compliance with all digital signature
requirements (the “Executive Order”); and
WHEREAS, on March 16, 2020 the Director of Emergency Services issued a Third
Supplement to the Executive Order, requiring the closure of a wide range of businesses
including bars, nightclubs, on-premises restaurant service, movie theatres, live
performance venues, gyms, fitness centers, spas, hair salons, massage parlors, and nail
salons; and
WHEREAS, on March 19, 2020, California Governor Gavin Newsom issued
Executive Order N-33-20 directing all residents of the State of California to heed directives
issued by the State Health Officer on the same date instructing all Californians to stay
home except as needed to maintain continuity of operations of the federal critical
infrastructure sectors; and
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WHEREAS, on March 19, 2020, the Los Angeles County Department of Public
Health issued an enhanced Health Officer Order, the Safer at Home Order for Control of
COVID-19, amending and superseding its earlier March 16, 2020, Order, closing all
nonessential businesses, and limiting gatherings to 9 people or less; and
WHEREAS, since March 19, 2020, the Los Angeles County Department of Public
Health has on multiple occasions amended and modified its Health Officer Order,
recognizing the issues posed by existing community transmission of COVID-19 in Los
Angeles County, and in response maintaining public health measures that have, at
differing times, included strict limitations on public gatherings, required closures of certain
businesses, and strict limitations and protocols for the operations of businesses permitted
to remain open; and
WHEREAS, the economic impacts of the COVID-19 closures of and limitations on
businesses have been devastating to the local Santa Monica economy; and
WHEREAS, the hardest hit sectors in Santa Monica include retail and
arts/entertainment/leisure, initially representing the temporary closure of over
approximately 1,300 businesses employing approximately 11,000 people; and
WHEREAS, the City’s business improvement districts have reported that at least
70 small businesses have permanently closed across many sectors, including retail,
leisure, and restaurants; and
WHEREAS, some of the actions that the City has taken during this state of
emergency to support local business are: commercial eviction protections; suspension of
late fees for City-imposed bills and taxes and parking restrictions in green zones; a
website with business resources; and assistance for restaurants and food retailers by
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allowing sales of alcohol via delivery and takeout, providing flexibility for restaurants to
sell groceries, and allowing curbside pickup; and
WHEREAS, the City is also building upon the existing Buy Local program and
providing free marketing support through an interactive map showing available essential
services providers that are open providing an avenue for Santa Monica residents to
support local businesses; and
WHEREAS, the City is also building upon the existing Buy Local program and
providing free marketing support through an interactive map showing available essential
services providers that are open providing an avenue for Santa Monica residents to
support local businesses; and
WHEREAS, on April 14, 2020, the City Council directed that restructuring City
services be prioritized on foundational services, emergency response, and economic
recovery; and
WHEREAS, on January 26, 2021, the City Council adopted Ordinance Number
2661 (CCS) amending the text of the Zoning Ordinance to prohibit certain fast food chains
with more than 150 locations nationwide in establishments with frontage along the Third
Street Promenade while Promenade planning efforts and economic recovery continued;
and
WHEREAS, the City has continued to engage in an economic recovery strategy
that involves a multi-pronged approach focusing on five areas: business retention and
reopening; business process and permitting; publicity and marketing, community
economic development, re-employment, and local hiring; and federal and state resources;
and
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WHEREAS, the Promenade’s past success has resulted from the creation of an
authentic urban retail, dining, and cinema experience; and
WHEREAS, as the commercial and economic landscape evolves, the
Promenade’s economic recovery and competitive advantage will depend on its ability to
deliver on a diverse range of unique dining, retail, and entertainment uses; and
WHEREAS, the ongoing COVID-19 pandemic and subsequent economic recovery
has been difficult for many segments of the economy, even in light of economic efforts
that are currently underway, the Downtown area is experiencing economic uncertainty,
with the vacancy rate along the Promenade recently rising to 27%; and
WHEREAS, the City has an important government interest in maintaining a thriving
business community and protecting the health, safety, and economic welfare of its
citizens and businesses; and
WHEREAS, vacancy rates, in addition to economic impacts that threaten the
health, safety and economic welfare of its citizens and business, may lead to public safety
impacts, including, but not limited to, increased calls for emergency services; and
WHEREAS, as restaurant environments across the region and country continue to
evolve, there is a need to adjust allowed uses and dining options to enable economic
recovery and provide increased flexibility to minimize vacancies on the Third Street
Promenade; and
WHEREAS, recent inquiries have been made to potentially enable additional
dining options on the Promenade; and
WHEREAS, due to the continued economic uncertainty arising out of the COVID-
19 pandemic, the high vacancy rate along the Promenade, the City Council desires to
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eliminate the prohibition on fast food chains with more than 150 locations nationwide in
establishments with frontage on the Promenade to increase flexibility of use and
opportunities for economic recovery; and
WHEREAS, the City Council finds and declares that a current and immediate
threat to the public health, safety, and general welfare exists due to the devastating impact
the COVID-19-mandated closures and limitations have had on the local economy,
including, but not limited to, the high vacancy rate on the Third Street Promenade, and
the approval of additional subdivisions, use permits, variances, building permits or any
other applicable entitlement for use which is required in order to comply with the
prohibition on fast food chains with more than 150 locations nationwide in establishments
with frontage on the Third Street Promenade would result in a threat to public health,
safety, and welfare.
NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF SANTA MONICA
DOES HEREBY ORDAIN AS FOLLOWS:
SECTION 1. Interim Zoning Regulations. Notwithstanding anything to the contrary
in Santa Monica Municipal Code Section 9.11.040, Specific Limitation 22 shall not apply.
SECTION 2. 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 3. 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
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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 4. 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 30
days from its adoption.
SECTION 5. This Ordinance shall be of no further force or effect sixty days from
its effective date, unless it is otherwise extended pursuant to Santa Monica Municipal
Code Section 9.46.090(C).
APPROVED AS TO FORM:
_________________________
Douglas Sloan, City Attorney
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Approved and adopted this 14th day of March, 2023.
_____________________________
Gleam Davis, Mayor
State of California )
County of Los Angeles ) ss.
City of Santa Monica )
I, Nikima Newsome, Assistant City Clerk of the City of Santa Monica, do
hereby certify that the foregoing Ordinance No. 2738 (CCS) had its introduction
on February 28, 2023 and was adopted at the Santa Monica City Council
meeting held on March 14, 2023, by the following vote:
AYES: Councilmembers Brock, de la Torre, Parra, Torosis, Zwick
Mayor Davis, Mayor Pro Tem Negrete
NOES: None
_________________
ABSENT: None
ATTEST:
_____________________________________
Nikima Newsome, Assistant City Clerk Date
A summary of Ordinance No. 2738 (CCS) was duly published pursuant to
California Government Code Section 40806.
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4/4/2023