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SR 12-15-2020 7B City Council Report City Council Meeting: December 15, 2020 Agenda Item: 7.B 1 of 9 To: Mayor and City Council From: David Martin, Director, Administration Subject: Introduction and First Reading of an Ordinance to Amend Santa Monica Municipal Code Section 9.10.040 to Prohibit Certain Fast Food Restaurants in Establishments with Frontage on the Third Street Promenade Recommended Action Staff recommends that the City Council introduce for first reading an ordinance amending Santa Monica Municipal Code Section 9.10.040 to prohibit certain fast food restaurants in establishments with frontage on the Third Street Promenade. Summary On November 27, 2018, Council adopted Urgency Interim Zoning Ordinance No. 2594 prohibiting certain 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. While fast food restaurants breeds familiarity for consumers, it runs counter to the policies in the Downtown Community Plan, adopted in 2017, that value the retention of Downtown’s authenticity and desire to encourage local uses and promote unique visitor experiences. Council subsequently extended the urgency interim ordinance until November 26, 2020. The interim ordinance recently now expired, with no further opportunities to extend the interim land use prohibition under State law. The proposed ordinance seeks to make permanent the prohibition of certain fast food restaurants in establishments with frontage on the Third Street Promenade and is supported by Downtown Santa Monica, Inc. 7.B Packet Pg. 1008 2 of 9 Background In 2017, the City Council adopted the Downtown Community Plan (DCP) which set 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 residents and visitors. The DCP values the retention of the Downtown’s authenticity, encourages local uses, and promotes unique visitor experiences not found in every neighborhood. The IZO adopted on November 27, 2018 created a new land use classification for “Restaurant, Fast Food” applicable only to the BC (Promenade) zone as establishments having the following: • More than 100 locations nationwide at the time that the application for the establishment is deemed complete by the City; and • 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 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. The IZO prohibited Fast Food Restaurants in establishments with frontage on the Third Street Promenade. In addition, the land use classification for “Restaurant, Limited-Service and Take-Out” was modified to not include Fast Food Restaurant uses. On November 12, 2019, Council extended the Urgency IZO which expired on November 26, 2020. Pursuant to Santa Monica Municipal Code (SMMC) Section 9.46.090(D) and Government Code Section 65858, the extension represented the maximum time allowed under State law and therefore, no further extensions are permitted. On October 21, 2020, the Planning Commission adopted a resolution recommending that the City Council amend Section 9.10.040 of the Santa Monica Municipal Code to prohibit certain fast food restaurants in establishments with frontage on the Third Street Promenade. 7.B Packet Pg. 1009 3 of 9 Discussion The Promenade’s success has resulted from the creation of an authentic urban retail, dining and cinema experience. Fast food restaurants, on the other hand, are formula establishments with numerous locations and standardized features, such as façade, décor, color scheme, signage, dependent on brand recognition created through the repetition of the same characteristics for each store in multiple locations. While this consistency breeds familiarity for consumers, it runs counter to the policies in the DCP that value the retention of Downtown’s authenticity and desire to encourage local uses and promote unique visitor experiences. As the economic recovery from COVID-19 begins and the retail landscape evolves, the Promenade’s competitive advantage will depend on the ability to deliver on a range of unique dining, retail, and entertainment uses with an emphasis on promoting a diverse base of eating establishments. It is not the intent to create a Promenade experience that could be found in any number of other Southern California cities. Cities as diverse as Los Angeles, Truckee, Cotati, San Francisco, and Seaside have adopted some form of neighborhood or citywide control on fast food restaurants due to similar concerns. If current regulations continue and smaller local establishments continue to suffer from the impacts of COVID-19, there is the potential for small- and medium-sized eating establishments to be eliminated from the Promenade and replaced only with national chains which would decrease the diversity of food offerings to residents and visitors. This could negatively impact the character and purpose of the Promenade as a successful public place. The Promenade is a public space that is defined as much by the uses that frame the space as the urban design elements. The type of uses influence consumer behavior and the visitor experience. There are also environmental considerations as fast food generates a significant amount of waste due to dependence on disposable tableware and packaging. The proposed amendments to SMMC Section 9.10.040 would make permanent the existing interim prohibition on fast food uses with frontage on the Promenade. However, to facilitate the ease in identifying these types of establishments and implementing the 7.B Packet Pg. 1010 4 of 9 regulations, staff does not propose creating new or modifying existing land use definitions that would only be applicable to one specific zoning district as was done with the IZO. Instead, the criteria identifying these types of Restaurant, Limited-Service and Take-Out uses would be added as a Specific Limitation to the land use regulations table in Zoning Ordinance Section 9.10.040. This should allow for simpler and clearer implementation of the use regulations for fast food in the Promenade area. In addition, in order to provide additional flexibility in light of current economic conditions due to COVID-19, the applicability threshold for establishments prohibited from occupying locations with frontage on the Promenade is proposed to be increased from 100 to 150 locations nationwide at the time that the application for the establishment is deemed complete by the City. The threshold of 100 domestic locations was intended to prohibit traditional nationwide fast food restaurants while permitting smaller regional chains and international fast food restaurants likely to serve as a unique draw for consumers. Given current economic conditions, and an anticipated increase in vacancies caused by the COVID-19 pandemic, a slight increase of this threshold to 150 domestic outlets is proposed. The proposed amendments are as follows: “P” = Permitted Use “L(#)” = Limited Use, permitted by right, provided they comply with specific limitations listed at end of table” “MUP” = Permitted with approval of Minor Use Permit “CUP” = Permitted with approval of Conditional Use Permit Use Classification LT Lincoln Transition NV Neighborho od Village BC Bayside Conservation (Promenade) BC Bayside Conservation (2nd & 4th Streets) TA Transit Adjacent OT Ocean Transition WT Wilshire Transition Additional Regulations Eating and Drinking Establishments See sub-classifications below. Bars/Nightclubs/ Lounges CUP CUP CUP CUP CUP CUP (10) - 7.B Packet Pg. 1011 5 of 9 Use Classification LT Lincoln Transition NV Neighborho od Village BC Bayside Conservation (Promenade) BC Bayside Conservation (2nd & 4th Streets) TA Transit Adjacent OT Ocean Transition WT Wilshire Transition Additional Regulations Restaurants, Full- Service, Limited Service & Take-out (2,500 sq ft and smaller, including Outdoor Dining and Seating) P P PL(22) P P P P SMMC Section 9.31.040, Alcoholic Beverage Sales Restaurants, Full- Service, Limited Service & Take-out (2,501 – 5,000 sq ft, including Outdoor Dining and Seating) MUP P PL(22) P P P MUP SMMC Section 9.31.280, Restaurants, Limited Service, and Take-Out Only Restaurants, Full- Service, Limited Service & Take-out (greater than 5,000 sq ft, including Outdoor Dining and Seating) CUP P PL(22) P P P CUP SMMC Section 9.31.200, Outdoor Dining and Seating (22) Restaurant, Limited-Service and Take-Out establishments with frontage on the Third Street Promenade and the following characteristics shall be prohibited: (a) More than 150 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. The prohibition would apply only to establishments with frontage on the Third Street Promenade. Restaurants, Limited-Service and Take-Out with the characteristics 7.B Packet Pg. 1012 6 of 9 identified above would continue to be allowed throughout the other Downtown districts and in all other commercial districts citywide. In addition, Restaurants, Limited-Service and Take-Out with the characteristics identified above would be allowed in Food Hall uses on the Promenade as permitted in the BC (Promenade) district pursuant to emergency Interim Zoning Ordinance Number 2636 (CCS), adopted on May 12, 2020 and subsequently extended until the end of 2022. Proposed Effective Date of Prohibition If adopted by the City Council, the Ordinance will become effective thirty days after adoption, which would be expected in early February. Any application filed after the effective date of the Ordinance will be subject to the permanent prohibition. However, because the interim prohibition established by Interim Zoning Ordinance 2594, and extended by Urgency Interim Zoning Ordinances 2600 and 2625 expired on November 26, 2020, staff proposes that the permanent prohibition also apply to any application for a planning entitlement, building permit, including plan check, or business license submitted on or after November 27, 2020. This “reach back” would apply to any application for a fast food restaurant that would be prohibited by the proposed Ordinance that is filed after the interim zoning regulations expired and before the Ordinance becomes effective. The City has not received any applications for fast food restaurants that would be prohibited by the Ordinance since the interim zoning regulations expired on November 26, 2020. Planning Commission Action On October 21, 2020, the Planning Commission adopted a resolution recommending that the City Council amend Section 9.10.040 of the Santa Monica Municipal Code to prohibit certain fast food restaurants in establishments with frontage on the Third Street Promenade. Prior to adopting the resolution, several Commissioners expressed concern with potential impacts of the prohibition related to limiting equitable, diverse, 7.B Packet Pg. 1013 7 of 9 and accessible opportunities for restaurant operators and customers. Specifically, the Commission asked for consideration of both access by patrons to lower price point food options while visiting the Promenade as well as consideration of fast food franchise agreements as potential avenues to expand access to entrepreneurship opportunities. Some Commissioners also discussed the possibility of allowing fast food restaurants through the approval of Conditional Use Permits in addition to a per-block limit to the number of fast food restaurants on the Promenade as opposed to an outright prohibition. The Commission, in its adoption of the resolution, also requested Council direction to staff to return to the Commission in six months to further study and analyze the issues of equity, diversity, and access for Promenade restaurant operators and customers. Downtown Santa Monica, Inc. has engaged MIG, Inc. to prepare a Third Street Promenade Stabilization & Economic Vitality Plan, assessing the Promenade's advantages and challenges in competing for modern retail, restaurant and entertainment uses. Included in the scope of work is a requirement to identify opportunities to improve community wellbeing through ground floor tenancies with a particular focus on enhancing diversity, equity and inclusion among both patrons and business operators. The plan, conducted in partnership with the City, is expected to result in policy recommendations that will be considered by the Planning Commission and City Council, as appropriate. Environmental Analysis The proposed 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 amendment to the Zoning Ordinance represent a change to use standards that affect an area consisting of only three City blocks and would be more restrictive than existing use standards for that area, it can be seen with certainty that there is no possibility that the proposed ordinance may have a significant effect on the environment. Therefore, no further environmental review under CEQA is required. 7.B Packet Pg. 1014 8 of 9 Text Amendment Findings 1. The Ordinance amendments to the text of the Zoning Ordinance are consistent with the General Plan and any applicable Specific Plans in that the amendments do not substantively affect policy decisions made with the City Council’s adoption of the Zoning Ordinance and ensure that the Third Street Promenade will maintain its authentic character and provide visitors with a distinctive experience consistent with the goals and policies of the LUCE and Downtown Community Plan. 2. The Ordinance amendments to the text of the Zoning Ordinance are consistent with the purpose of the Zoning Ordinance to promote the growth of the City in an orderly manner and to promote and protect the public health, safety, and general welfare in that the proposed amendments maintain the existing policies, standards, and regulations of the Zoning Ordinance that promote the public health safety and welfare. Financial Impacts and Budget Actions The Downtown Community Plan and subsequent zoning ordinances are intended to support a thriving and unique mix of businesses on the Third Street Promenade. Because this prohibition has already been in place, and there are no fast food restaurants currently on the Promenade who would be impacted by this ordinance, 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 7.B Packet Pg. 1015 9 of 9 Attachments: A. City Council Meeting - November 27, 2018 (Web Link) B. City Council Meeting - January 8, 2019 (Web Link) C. City Council Meeting - May 12, 2020 (Web Link) D. Planning Commission - October 21, 2020 (Web Link) E. Proposed Ordinance F. Written Comments 7.B Packet Pg. 1016 1 City Council Meeting: December 15, 2020 Santa Monica, California ORDINANCE NUMBER _________ (CCS) (City Council Series) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA AMENDING SANTA MONICA MUNICIPAL CODE SECTION 9.10.040 TO PROHIBIT CERTAIN 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 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, the DCP permits fast food chains 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 7.B.e Packet Pg. 1017 Attachment: Proposed Ordinance (4278 : Promenade Fast Food Ordinance (30 mins)) 2 inconsistent with the stated goals of the DCP to preserve the unique character of 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 in establishments with frontage on the Promenade; and WHEREAS, Interim Zoning Ordinance 2594 ensured that the Third Street Promenade would maintain its authentic character 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 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 7.B.e Packet Pg. 1018 Attachment: Proposed Ordinance (4278 : Promenade Fast Food Ordinance (30 mins)) 3 WHEREAS, as the economic recovery from the COVID-19 public health emergency begins and the retail landscape evolves, the Promenade’s competitive advantage will depend on the ability to deliver on a range of unique dining, retail, and entertainment uses with an emphasis on promoting a diverse base of eating establishments; and WHEREAS, if current regulations in the DCP are reinstated after expiration of Interim Zoning Ordinance 2625, and smaller local establishments continue to suffer from the impacts of COVID-19, small- and medium-sized eating establishments could be eliminated from the Promenade and replaced with national chains, which would decrease the diversity of food offerings to residents and visitors; and WHEREAS, for purposes of the interim zoning regulations established by Interim Zoning Ordinances 2594, 2600 and 2625, to permit smaller regional chains and international fast food restaurants likely to serve as a unique draw for consumers, the use classification for restaurant, fast food (the use classification prohibited in establishments with frontage on the Promenade) included establishments with more than 100 locations nationwide at the time that the application for the establishment is deemed complete by the City; and WHEREAS, in order to continue to permit smaller regional chains and international fast food restaurants likely to serve as a unique draw for consumers and to provide additional flexibility in light of current economic conditions due to COVID-19, the City desires to increase the threshold for establishments prohibited from occupying locations with frontage on the Promenade from 100 to 150 locations nationwide; and 7.B.e Packet Pg. 1019 Attachment: Proposed Ordinance (4278 : Promenade Fast Food Ordinance (30 mins)) 4 WHEREAS, on October 7, 2020, the Planning Commission adopted a Resolution of Intention, Resolution Number 20-016 (PCS), declaring its intention to consider recommending to the City Council that the City Council amend the text of the Zoning Ordinance to create use classifications for Restaurant, Fast Food and Restaurant, Limited Service and Take-Out for the BC (Promenade) District, and prohibit Restaurant, Fast Food uses in properties with frontage along the Third Street Promenade; and WHEREAS, the Planning Commission conducted a duly noticed public hearing on October 21, 2020, and, after considering oral and written testimony regarding the proposed amendments to the text of the Zoning Ordinance, adopted Resolution Number 20-017 (PCS), recommending that the City Council amend the text of the Zoning Ordinance to prohibit certain fast food restaurants in establishments with frontage on the Third Street Promenade based on the following findings: 1. The proposed amendments to the text of the Zoning Ordinance are consistent with the General Plan and any applicable Specific Plans in that they will support Downtown’s role as a visitor destination by encouraging uses that appeal to both locals and tourists, including food, retail, entertainment and overnight accommodations and will maintain and increase locally-based, independent, small retailers that allow residents and employees to meet their daily needs on foot. 2. The proposed amendments to the text of the Zoning Ordinance are consistent with the purpose of the Zoning Ordinance to promote the growth of the City in an orderly manner and to promote and protect the public health, safety, and general welfare in that the 7.B.e Packet Pg. 1020 Attachment: Proposed Ordinance (4278 : Promenade Fast Food Ordinance (30 mins)) 5 amendments will 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. WHEREAS, on December 15, 2020, the City Council conducted a duly noticed hearing to consider the findings and recommendations of the Planning Commission, and desires to adopt the proposed Zoning Ordinance amendments as set forth below. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SANTA MONICA DOES HEREBY ORDAIN AS FOLLOWS: SECTION 1. Based upon the oral and written testimony presented to the City Council at the public hearing on December 15, 2020 regarding the proposed changes to the text of the Zoning Ordinance, the City Council hereby makes the following findings: 1. The proposed amendments to the text of the Zoning Ordinance are consistent with the General Plan and any applicable Specific Plans in that they will support Downtown’s role as a visitor destination by encouraging uses that appeal to both locals and tourists, including food, retail, entertainment and overnight accommodations and will maintain and increase locally-based, independent, small retailers that allow residents and employees to meet their daily needs on foot. 2. The proposed amendments to the text of the Zoning Ordinance are consistent with the purpose of the Zoning Ordinance to promote the growth of the City in an orderly manner and to promote and protect the public health, safety, and general welfare in that the 7.B.e Packet Pg. 1021 Attachment: Proposed Ordinance (4278 : Promenade Fast Food Ordinance (30 mins)) 6 amendments will 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. SECTION 2. Santa Monica Municipal Code Section 9.10.040 is hereby amended to read as follows: 9.10.040 Land Use Regulations Table 9.10.040 prescribes the land use regulations for Downtown Districts. The regulations for each district are established by letter designations below. These designations apply strictly to the permissibility of land uses; applications for buildings or structures may require discretionary review. “P” designates permitted uses. “L(#)” designates limited uses, which are permitted by right, provided they comply with specific limitations listed at the end of the table. “MUP” designates use classifications that are permitted after review and approval of a Minor Use Permit. “CUP” designates use classifications that are permitted after review and approval of a Conditional Use Permit. “—” designates uses that are not permitted. Land uses are defined in Chapter 9.51 (“Use Classifications”) of Article 9 of the Santa Monica Municipal code (“Zoning Ordinance”). Use classifications and sub-classifications not listed in the table are prohibited. Accessory uses are permissible when they are determined by the Zoning Administrator to be necessary and customarily associated with 7.B.e Packet Pg. 1022 Attachment: Proposed Ordinance (4278 : Promenade Fast Food Ordinance (30 mins)) 7 and appropriate, incidental, and subordinate to, the principal uses and which are consistent and not more disturbing or disruptive than permitted uses. The table also notes additional use regulations that apply to various uses. Section numbers in the right-hand column refer to other Sections of this Ordinance. TABLE 9.10.040 LAND USE REGULATIONS—DOWNTOWN DISTRICTS Use Classification LT NV BC (Promen ade) BC (2nd & 4th Streets) TA OT WT Additional Regulations Residential Uses Residential Housing Types See sub-classifications below. Single Unit Dwelling L(1) L(1) L(1) L(1) L(1) L(1) L(1) Accessory Dwelling Unit P P P P P P P Section 9.31.025, Accessory Dwelling Units and Junior Accessory Dwelling Units Junior Accessory Dwelling Unit P P P P P P P Section 9.31.025, Accessory Dwelling Units and Junior Accessory Dwelling Units Duplex P L(3) L(1) L(1) L(1) L(1) L(1) Multiple-Unit Structure L(1) L(3) L(1) L(1) L(1) L(1) L(1) Senior Citizen Multiple-Unit Residential L(1) L(3) L(1) L(1) L(1) L(1) L(1) Single-Room Occupancy Housing L(1) L(3) L(1) L(1) L(1) L(1) L(1) Group Residential MUP MUP, L(3) MUP, L(1) MUP, L(1) MUP MUP MUP Congregate Housing P MUP, L(3) CUP, L(1) CUP, L(1) MUP MUP MUP SMMC Section 9.31.110, Congregate and Transitional Housing Senior Group Residential P MUP, L(3) MUP, L(1) MUP, L(1) MUP, L(1) MUP, L(1) MUP, L(1) SMMC Section 9.31.310, Senior Group Residential Elderly and Long- Term Care P L(3) L(1) L(1) L(1) L(1) L(1) Emergency Shelters L(6)/CUP L(6)/ CUP CUP/L(1) L(1), L(6)/CUP L(6)/CUP L(6)/ CUP L(6)/ CUP 7.B.e Packet Pg. 1023 Attachment: Proposed Ordinance (4278 : Promenade Fast Food Ordinance (30 mins)) 8 TABLE 9.10.040 LAND USE REGULATIONS—DOWNTOWN DISTRICTS Use Classification LT NV BC (Promen ade) BC (2nd & 4th Streets) TA OT WT Additional Regulations Family Day Care See sub-classifications below. Large L(1) L(3) L(1) L(1) L(1) L(1) L(1) SMMC Section 9.31.140, Family Day Care, Large Small L(1) L(3) L(1) L(1) L(1) L(1) L(1) Residential Facilities See sub-classifications below. Residential Care, General P L(3) L(1) L(1) P L(1) L(1) SMMC Section 9.31.270, Residential Care Facilities Residential Care, Limited P L(3) L(1) L(1) P L(1) L(1) Residential Care, Senior P L(3) L(1) L(1) P L(1) L(1) Hospice, General P L(3) L(1) L(1) P L(1) L(1) Hospice, Limited P L(3) L(1) L(1) P L(1) L(1) Supportive Housing P L(3) L(1) L(1) L(1) L(1) L(1) Transitional Housing P L(3) L(1) L(1) L(1) L(1) L(1) Public and Semi-Public Uses Adult Day Care L(1) L(3) L(1) L(1) L(1) L(1) L(1) Child Care and Early Education Facilities P P L(1) P P P P SMMC Section 9.31.120, Child Care and Early Education Facilities Colleges and Trade Schools, Public or Private CUP L(1) L(1) L(1) L(1) L(1) L(1) Community Assembly L(7)/CUP CUP - P CUP L(1) L(7)/ CUP Community Gardens P P - P P P P Cultural Facilities P P P P P P P Hospitals and Clinics P P L(1) L(1) P - P Park and Recreation Facilities, Public P P P P P P P Public Safety Facilities P P P P P P P Schools, Public or Private CUP L(3) L(1) P P - CUP Social Service Centers P P - P P P P SMMC Section 9.31.350, Social Service Centers Commercial Uses Animal Care, Sales, and Services See sub-classifications below. Grooming and Pet Stores L(5)/CUP L(5)/CUP L(5)/CUP L(5)/CUP L(5)/ CUP L(5)/ CUP L(5)/ CUP No more than 10 dogs or cats can be kept overnight Pet Day Care Services MUP MUP - MUP MUP MUP MUP Veterinary Services MUP MUP - MUP MUP - MUP 7.B.e Packet Pg. 1024 Attachment: Proposed Ordinance (4278 : Promenade Fast Food Ordinance (30 mins)) 9 TABLE 9.10.040 LAND USE REGULATIONS—DOWNTOWN DISTRICTS Use Classification LT NV BC (Promen ade) BC (2nd & 4th Streets) TA OT WT Additional Regulations Automobile/Vehicle Sales and Service See sub-classifications below. Alternative Fuels and Recharging Facilities CUP/ L(19) CUP/ L(19) - - CUP/ L(19) - - Automobile Rental L(10) L(10) L(10) L(10) L(10) L(10) L(10) Automobile Storage Use - - - - - - - New Automobile/Vehicl e Sales and Leasing L(8), L(5)/CUP L(8), L(5)/CUP L(8), L(5)/CUP L(8), L(5)/CUP L(8), L(5)/CUP - - Additions 7,500 sq ft or less to Automobile/ Vehicle Sales and Leasing buildings existing as of 7/06/2010 L(20)/ MUP - - - - - - SMMC Section 9.31.070 Automobile/ Vehicle Sales, Leasing, and Storage Additions larger than 7,500 sq ft to Automobile/Vehi cle Sales and Leasing buildings existing as of 7/06/2010 L(20)/ CUP - - - - - - Automobile/Vehicl e Repair, Major L(19) - - - - - - Automobile/Vehicl e Service and Repair, Minor L(19) - - - - - - Automobile/Vehicl e Washing L(19) - - - - - - Service Station L(19) L(19) - - L(19) - - Towing and Impound - - - - - - - Banks and Financial Institutions See sub-classifications below. Banks and Credit Unions L(4)/CUP L(3), L(5)/CUP - - L(4)/ CUP L(4)/ CUP L(4)/ CUP Check Cashing Businesses - - - - - - - Business Services L(5)/CUP L(5)/CUP - L(5)/CUP L(5)/ CUP L(5)/ CUP L(5)/ CUP Commercial Entertainment and Recreation See sub-classifications below. 7.B.e Packet Pg. 1025 Attachment: Proposed Ordinance (4278 : Promenade Fast Food Ordinance (30 mins)) 10 TABLE 9.10.040 LAND USE REGULATIONS—DOWNTOWN DISTRICTS Use Classification LT NV BC (Promen ade) BC (2nd & 4th Streets) TA OT WT Additional Regulations Cinemas & Theaters, up to 99 seats - CUP P P P - - Cinemas & Theaters, more than 99 seats - - CUP CUP CUP - - Convention and Conference Centers CUP CUP CUP CUP CUP CUP CUP Large-Scale Facility L(21)/ CUP L(21)/ CUP L(21)/ CUP L(21)/ CUP L(21)/ CUP L(21)/ CUP - Small-Scale Facility L(5)/CUP L(5)/CUP L(5)/CUP L(5)/CUP L(5)/CUP L(5)/ CUP L(5)/ CUP SMMC Section 9.31.340, Small Scale Facility Fortunetelling P P P P P P P Eating and Drinking Establishments See sub-classifications below. Bars/Nightclubs/ Lounges CUP CUP CUP CUP CUP CUP (10) - Restaurants, Full- Service, Limited Service & Take- out (2,500 sq ft and smaller, including Outdoor Dining and Seating) P P PL(22) P P P P SMMC Section 9.31.040, Alcoholic Beverage Sales Restaurants, Full- Service, Limited Service & Take- out (2,501 – 5,000 sq ft, including Outdoor Dining and Seating) MUP P PL(22) P P P MUP SMMC Section 9.31.280, Restaurants, Limited Service, and Take-Out Only Restaurants, Full- Service, Limited Service & Take- out (greater than 5,000 sq ft, including Outdoor Dining and Seating) CUP P PL(22) P P P CUP SMMC Section 9.31.200, Outdoor Dining and Seating Equipment Rental - - - - L(5)/ CUP - - 7.B.e Packet Pg. 1026 Attachment: Proposed Ordinance (4278 : Promenade Fast Food Ordinance (30 mins)) 11 TABLE 9.10.040 LAND USE REGULATIONS—DOWNTOWN DISTRICTS Use Classification LT NV BC (Promen ade) BC (2nd & 4th Streets) TA OT WT Additional Regulations Food and Beverage Sales See sub-classifications below. Convenience Market CUP L(5)/CUP L(5)/CUP L(5)/CUP L(5)/CUP L(5)/C UP - SMMC Section 9.31.040, Alcoholic Beverage Sales Farmers’ Market CUP P P P P P P General Market L(12)/ CUP L(12)/ CUP L(12)/ CUP L(12)/CUP L(12)/ CUP L(12)/ CUP L(12)/ CUP SMMC Section 9.31.040, Alcoholic Beverage Sales Liquor Stores CUP CUP CUP CUP CUP CUP - Funeral Parlors and Mortuaries CUP - - - - - - Instructional Services L(5)/CUP L(3), L(5)/CUP L(1), L(5)/CUP L(5)/CUP L(5)/CUP L(1), L(5)/ CUP L(1), L(5)/ CUP Live-Work L(13) L(3)(13) L(1)(13) L(13) L(13) L(1)(1 3) L(13) SMMC Section 9.31.170, Live- Work Lodging See sub-classifications below. Bed and Breakfast MUP MUP MUP MUP MUP MUP MUP SMMC Section 9.31.090, Bed and Breakfasts Hotels and Motels CUP CUP CUP CUP CUP CUP CUP, L(19) Maintenance and Repair Services L(5)/CUP - - - - - - Nurseries and Garden Centers L(5)/CUP L(5)/CUP - L(5)/CUP L(5)/CUP - L(5)/ CUP SMMC Section 9.31.220, Outdoor Retail Display and Sales Offices See sub-classifications below. Business and Professional L(14)/ CUP L(3), L(5)/CUP L(1) L(1) L(3), L(5)/CUP L(1) L(1) Creative L(14)/ CUP L(3), L(5)/CUP L(1) L(1) L(3), L(5)/CUP L(1) L(1) Medical and Dental L(14)/ CUP L(3), L(5)/CUP L(1) L(1) L(3), L(5)/CUP L(1) L(1) Walk-In Clientele L(14)/ CUP L(3), L(5)/CUP L(1) L(5)/CUP L(3), L(5)/CUP L(5)/ CUP L(5)/ CUP Outdoor Newsstands MUP MUP MUP MUP MUP MUP MUP SMMC Section 9.31.210, Outdoor Newsstands Parking, Public or Private CUP CUP - CUP CUP, L(11) - CUP Personal Services See sub-classifications below. General Personal Services L(5)/CUP L(5)/CUP L(1), L(5)/CUP L(5)/CUP L(5)/CUP - L(5)/ CUP SMMC Section 9.31.230, Personal Service 7.B.e Packet Pg. 1027 Attachment: Proposed Ordinance (4278 : Promenade Fast Food Ordinance (30 mins)) 12 TABLE 9.10.040 LAND USE REGULATIONS—DOWNTOWN DISTRICTS Use Classification LT NV BC (Promen ade) BC (2nd & 4th Streets) TA OT WT Additional Regulations Physical Training L(17), L(5)/CUP L(17), L(5)/CUP L(1), L(17), L(5)/CUP L(17), L(5)/CUP L(17), L(5)/CUP L(17), L(5)/ CUP L(17), L(5)/ CUP Tattoo or Body Modification Parlor MUP MUP MUP MUP MUP MUP - SMMC Section 9.31.230, Personal Service Retail Sales See sub-classifications below. Building Materials Sales and Services P - - - - - - SMMC Section 9.31.220, Outdoor Retail Display and Sales General Retail Sales, Small- Scale L(5)/CUP L(5)/CUP P L(5)/CUP L(5)/ CUP L(5)/ CUP L(5)/ CUP General Retail Sales, Medium- Scale CUP CUP CUP CUP CUP - CUP General Retail Sales, Large- Scale - - - - - - - Medical Marijuana Dispensaries CUP - - - - - - SMMC Section 9.31.185, Medical Marijuana Dispensaries Pawn Shops - - - - - - - Swap Meets - - - - - - - Industrial Uses Artist’s Studio P P L(1) L(1) P P P Commercial Kitchens - - - - CUP - - Media Production See sub-classifications below. Support Facilities L(14)/ CUP L(3), L(5)/CUP L(1) L(1) L(3), L(5)/CUP L(1) L(1) Transportation, Communication, and Utilities Uses Bus/Rail Passenger Stations P P P P P - P City Bike Share Facility P P P P P P P 7.B.e Packet Pg. 1028 Attachment: Proposed Ordinance (4278 : Promenade Fast Food Ordinance (30 mins)) 13 TABLE 9.10.040 LAND USE REGULATIONS—DOWNTOWN DISTRICTS Use Classification LT NV BC (Promen ade) BC (2nd & 4th Streets) TA OT WT Additional Regulations Communication Facilities See sub-classifications below. Antennas and Transmission Towers - - - - - - - Equipment within Buildings - - - - - - - Light Fleet-Based Services - - - - MUP - - Utilities, Major L(18) - - - - - - Utilities, Minor P P P P P P P Specific Limitations: (1) Limited to upper floors, and on the ground floor where the entire tenant space including the primary entry shall be located at least 50 feet from the front property line, except for residential units shall be limited to upper floors only. (2) (Reserved) (3) Between 4th and 4th Court, permitted in mid-block parcels on the ground floor and upper floors. On all other parcels, permitted anywhere on the ground floor if the space has street frontage and was occupied by office on, or is vacant but was occupied by office in the 12 months preceding, the date this Ordinance is effective; otherwise, permitted on upper floors and on the ground floor where the entire tenant space including the primary entry is located at least 50 feet from the front property line. (4) Permitted except no ground floor tenant space shall exceed 20 linear feet of ground floor street frontage without a Conditional Use Permit. (5) Permitted if within buildings existing as of the date the ordinance codified in this Chapter is effective. Permitted in new buildings, except: (a) No individual ground floor tenant space shall occupy more than 7,500 square feet of floor area and/or exceed 50 linear feet of ground floor street frontage without a Conditional Use Permit. (b) Ground floor tenant spaces in the Santa Monica Place are not subject to size limitations. (6) Limited to shelters containing less than 55 beds; Conditional Use Permit required for emergency shelters with 55 or more beds. (7) Any community assembly facility abutting a residential district shall require approval of a Conditional Use Permit. (8) Limited to alternative fuel vehicle automobile dealer showrooms only. (9) (Reserved) (10) Permitted as an ancillary use to support a primary use. (11) Limited to public parking facilities only. 7.B.e Packet Pg. 1029 Attachment: Proposed Ordinance (4278 : Promenade Fast Food Ordinance (30 mins)) 14 (12) General Markets greater than 15,000 square feet require approval of a Conditional Use Permit, except general markets in the Mixed-Use Boulevard district greater than 25,000 square feet require approval of a Conditional Use Permit. (13) If the commercial use requires a MUP or CUP, an application shall be required in accordance with SMMC, Chapter 9.41. Even if the commercial use would otherwise be permitted, no such use shall be approved where, given the design or proposed design of the live-work unit, there would be the potential for adverse health impacts from the proposed use on the people residing in the unit. An example of a potential health impact is the potential for food contamination from users that generate airborne particulates in a unit with an unenclosed kitchen. (14) All new construction requires approval of a Conditional Use Permit or permitted if within buildings existing as of the date the ordinance codified in this Chapter is effective, except: (a) New additions of 50% or more additional square footage to an existing building at any one time, or incrementally, after the effective date of the ordinance codified in this Chapter, requires approval of a Conditional Use Permit. (b) No ground floor, street-fronting, non-office or non-media production support facility use, non- medical or non-dental office use tenant space shall be changed into an individual office use or a media production support facility use, or individual medical or dental office use occupying more than 7,500 square feet of floor area and/or exceeding 50 linear feet of street frontage without the approval of a Conditional Use Permit. (15) (Reserved) (16) Limited to public parking facilities only. (17) Youth-serving personal services, physical training requires review and approval of passenger loading and drop-off plan by the Director. (18) Limited to electric distribution substations. (19) Limited to legally established existing uses as of the date this Specific Plan is effective. (20) Auto dealerships existing as of July 6, 2010 are considered permitted uses. Expansions to existing dealerships conforming to the urban auto dealership format standards in Section 9.31.070, Automobile/Vehicle Sales, Leasing and Storage are permitted. Expansions to existing dealerships of 7,500 square feet or less that do not conform to the urban auto dealership format standards shall require an MUP. Expansions to existing dealerships larger than 7,500 square feet that do not conform to the urban auto dealership formal standards shall require a CUP. (21) No individual Fitness Center tenant space shall exceed 100 linear feet of ground floor street frontage without the approval of a Conditional Use Permit. (22) Restaurant, Limited-Service and Take-Out establishments with frontage on the Third Street Promenade and the following characteristics shall be prohibited: (a) More than 150 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. A. Conversion of Any Portion of an Eating and Drinking Establishment to Any Other New or Expanded Use Located on the Ground Floor within the BC (Promenade) District. 1. The conversion of any portion of an eating and drinking establishment in existence as of the effective date of this Plan to any other new or expanded use located on the ground floor within the BC (Promenade) District shall 7.B.e Packet Pg. 1030 Attachment: Proposed Ordinance (4278 : Promenade Fast Food Ordinance (30 mins)) 15 obtain a Conditional Use Permit subject to the following additional findings being made in the affirmative: a. The proposed use would preserve the unique mixture of restaurants, retail, and entertainment on the Third Street Promenade and maintain the vitality and diversity of the Promenade; b. The proposed use would retain at least 50% of the existing outdoor dining or 500 square feet, whichever is greater; c. For tenant spaces located on a corner, the eating and drinking establishment use must remain entirely on the Third Street Promenade frontage. For tenant spaces not located on a corner, the non-eating and drinking establishment use does not occupy more than 33% of the Promenade frontage. SECTION 3. Any provision of the Municipal Code or appendices 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. 7.B.e Packet Pg. 1031 Attachment: Proposed Ordinance (4278 : Promenade Fast Food Ordinance (30 mins)) 16 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 30 days from its adoption. Notwithstanding its effective date, the provisions of this Ordinance shall apply to any application for a planning entitlement, building permit, including plan check, or business license submitted on or after November 27, 2020. APPROVED AS TO FORM: _______________________ GEORGE S. CARDONA Interim City Attorney 7.B.e Packet Pg. 1032 Attachment: Proposed Ordinance (4278 : Promenade Fast Food Ordinance (30 mins)) –‰ ºŒ»¿Œ‰‰Œ…Ł‰Ø‰ººŒ»Ł”؉º¿ŒŒ…» Item 7.B 12/15/20 1 of 2 Item 7.B 12/15/20 7.B.f Packet Pg. 1033 Attachment: Written Comments (4278 : Promenade Fast Food Ordinance (30 mins)) –‰ ºŒ»¿Œ‰‰Œ…Ł‰Ø‰ººŒ»Ł”؉º¿ŒŒ…» Item 7.B 12/15/20 2 of 2 Item 7.B 12/15/20 7.B.f Packet Pg. 1034 Attachment: Written Comments (4278 : Promenade Fast Food Ordinance (30 mins))