City Council Meeting 10-17-95 Santa Monica, California
TO: Mayor and City Council
FROM: City Attorney
SUBJECT: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA
MONICA PROHIBITING GAME ARCADES AND ESTABLISHING
LIMITATIONS ON THE NUMBER OF ALCOHOL AND FOOD SERVING
ESTABLISHMENTS IN SPECIFIED PORTIONS OF THE C3 AND C3C
DISTRICTS ON AN INTERIM BASIS
INTRODUCTION
At its meeting on October 10, 1995, the City Council introduced for
first reading an ordinance prohibiting game arcades and
establishing limitations on the number of alcohol and food serving
establishments in specified portions of the C3 and C3C districts on
an interim basis. The ordinance is now presented to the City
Council for adoption.
RECOMMENDATION
It is respectfully recommended that the accompanying ordinance be
adopted.
PREPARED BY: Marsha Jones Moutrie, City Attorney
Mary H. Strobel, Deputy City Attorney
********************************************************************
Santa Monica, California
City Council Meeting 10-17-95
ORDINANCE NUMBER ____ (CCS)
(City Council Series)
AN ORDINANCE OF THE CITY COUNCIL OF THE
CITY OF SANTA MONICA PROHIBITING GAME ARCADES
AND ESTABLISHING LIMITATIONS ON THE NUMBER OF ALCOHOL
AND FOOD SERVING ESTABLISHMENTS IN SPECIFIED PORTIONS
OF THE C3 AND C3C DISTRICTS ON AN INTERIM BASIS
THE CITY COUNCIL OF THE CITY OF SANTA MONICA DOES ORDAIN AS
FOLLOWS:
SECTION 1. Findings and Purpose. The City Council finds and
declares:
(a)At its August 11, 1992 City Council meeting, the City Council
held its first public hearing regarding the establishment of a
Bayside District zoning district ("District") which will
encompass portions of the current C3 and C3C zoning districts.
(b)At the same meeting, the City Council considered the adoption
of the Bayside District Specific Plan which, among other things,
proposes limits on the number of alcohol and food serving
establishments which will be allowed in the District, and would
prohibit entirely the establishment of new game arcades.
(c)Further action is needed by the City Council to establish the
Bayside District zoning district and to adopt the Bayside
District Specific Plan, including completion of environmental
review under the California Environmental Quality Act ("CEQA").
Further, the City Council will consider at a later meeting the
adoption of specific zoning ordinances regulating permitted uses
and property development standards in the District consistent
with the Specific Plan.
(d)If current development activity is allowed to continue in the
District pending such final approval, uses incompatible with the
proposed Bayside District Specific Plan and zoning ordinance
implementation will occur.
(e)Pending the establishment of the Bayside District and adoption
of changes to the zoning ordinance implementing the provisions of
the Bayside District Specific Plan, to protect the public health,
safety, and welfare, it is necessary to limit the number of
alcohol and food serving establishments in the District and to
prohibit uses incompatible with the proposed Specific Plan and
implementing ordinances on an interim basis.
(f)The City wishes to limit the number of alcohol and food
serving establishments in order to control the recent
proliferation of such establishments in the area and also to
encourage other types of uses so that a mixture of uses will
exist in the area. Because of the proliferation of alcohol and
food serving establishments, there exists a current and immediate
threat to the public health, safety, or welfare, and the approval
of additional administrative approvals, development review
permits, conditional use permits, or any other applicable
entitlement for use in the District incompatible with the
standards of this interim ordinance would result in a threat to
public health, safety, or welfare.
(g)At the September 15, 1992 City Council meeting, the City
Council conceptually approved the Draft Bayside District Specific
Plan, directed staff to proceed with an Environmental Impact
Report on the Draft Specific Plan, and adopted Ordinance 1644
(CCS) on an emergency basis to prohibit game arcades and
establish limitations on the number of alcohol and food serving
establishments in a portion of the C3 and C3C districts on an
interim basis.
(h)Following the adoption of Ordinance 1644(CCS) creating a 45
day moratorium, at the October 27, 1992 City Council meeting the
City Council adopted Ordinance 1655(CCS), which extended the
interim ordinance creating limitations on food serving
establishments and alcohol outlets. On July 13, 1993 the Council
adopted Ordinance Number 1691, extending the interim ordinance
eighteen (18) months, in order to complete an Environmental
Impact Report.
(i) On January 17, 1994 an earthquake caused substantial damage
to numerous buildings in the City, including buildings located in
the proposed Bayside District. As a result, some alcohol and
food serving establishments subject to the requirements of
Ordinance 1691 have been involuntarily displaced from the
buildings in which they are located, and have temporarily ceased
operations. Should these uses not be allowed to resume their
operations due to the earthquake and the existing provisions of
Ordinance 1691 limiting the number of alcohol and food serving
establishments per block, substantial hardship and injustice
could result. In May 1994 the Council adopted Ordinance Number
1746(CCS) amending Ordinance Number 1691 to accommodate the needs
of displaced businesses suffering hardship due to the earthquake.
Ordinance 1746(CCS) is due to expire in November 1995.
(j) Following adoption of Ordinance 1746(CCS) the Planning
Commission has reviewed and made recommendations regarding the
Bayside District Specific Plan, Districting Map amendment, and
Zoning Ordinance amendments implementing the Specific Plan.
These items are scheduled for review by the City Council within
the next few months.
(k) For the reasons set forth above, there exists a current
and immediate threat to the public health, safety, or welfare,
and the approval of additional permits or entitlements for use
inconsistent with the provisions of this interim ordinance would
result in a threat to public health, safety, or welfare. It is
therefore necessary to extend the Interim Ordinance for six (6)
months pending Council action on the Specific Plan and related
amendments.
SECTION 2. Definitions. The following words or phrases as uses
in this Ordinance shall have the following meanings:
Block One: That area bounded by Wilshire Boulevard on the north,
Arizona Avenue on the south, Fourth Court Alley on the east, and
Mall Court East on the west.
Block Two: That area bounded by Arizona Avenue on the north,
Santa Monica Boulevard on the south, Fourth Court Alley on the
east, and Mall Court East on the west.
Block Three: That area bounded by Santa Monica Boulevard on the
north, Broadway on the south, Fourth Court Alley on the east, and
Mall Court East on the west.
Block Four: That area bounded by Wilshire Boulevard on the north,
Arizona Avenue on the south, Mall Court East on the east, and
Mall Court West on the west.
Block Five: That area bounded by Arizona Avenue on the north,
Santa Monica Boulevard on the south, Mall Court East on the east,
and Mall Court West on the west.
Block Six: That area bounded by Santa Monica Boulevard on the
north, Broadway on the south, Mall Court East on the east, and
Mall Court West on the west.
Block Seven: That area bounded by Wilshire Boulevard on the
north, Arizona Avenue on the south, Mall Court West on the east,
and First Court Alley on the west.
Block Eight: That area bounded by Arizona Avenue on the north,
Santa Monica Boulevard on the south, Mall Court West on the east,
and First Court Alley on the west.
Block Nine: That area bounded by Santa Monica Boulevard on the
north, Broadway on the south, Mall Court West on the east, and
First Court Alley on the west.
Food Serving Establishment: Any restaurant, including, without
limitation, any drive through or drive-in restaurant, fast-food
or take-out restaurant, or sidewalk cafe, and any use which
includes incidental food service. For purposes of this
Ordinance, a bar shall not be considered a food serving
establishment.
Proposed Bayside District: That area bounded by Wilshire
Boulevard on the north, Broadway on the south, Fourth Court Alley
on the east, and First Court Alley on the west.
SECTION 3. Applicability. The provisions of this Ordinance
apply only to applications for projects to be located in the
Proposed Bayside District, and only to projects the applications
for which were filed after August 11, 1992. Any project which
has received a conditional use permit, administrative approval,
or alcohol exemption determination on or before September 15,
1993 shall be exempt from the provisions of this Ordinance.
SECTION 4. Administrative Approvals. Approval of all new
alcohol or food serving establishments to be located in the
Proposed Bayside District which do not otherwise require the
issuance of a conditional use permit, alcohol exemption
determination, or development review permit, shall require the
issuance of an administrative approval. For purposes of this
Ordinance, an establishment shall be considered a new alcohol or
food serving establishment if the prior alcohol or food serving
establishment at that site has ceased operation for a continuous
period of six months or longer.
SECTION 5: Limit on Food Serving Establishments and On-Sale
Alcohol Outlets. The Planning Commission and City staff are
directed to disapprove all requests for the issuance of
administrative approvals, development review permits, conditional
use permits, alcohol exemption determinations, or any other City
approvals for food serving establishments or on-sale alcohol
outlets, if the granting of such approval would cause the number
of food serving establishments or on-sale alcohol outlets on the
block on which the project is located to exceed the following
limitations:
(a) Block One. Food Serving Establishments: 1, 0 of which
may have a Type 41 (On-Sale Beer and Wine) or Type 47 (On-Sale
General) Alcohol License. Type 48 (On-Sale General for Public
Premise) Alcohol License: 0. Other On-Sale Alcohol License Types:
0.
(b) Block Two. Food Serving Establishments: 2, 2 of which
may have a Type 41 (On-Sale Beer and Wine) or Type 47 (On-Sale
General) Alcohol License. Type 48 (On-Sale General for Public
Premise) Alcohol License: 0. Other On-Sale Alcohol License Types:
0.
(c) Block Three. Food Serving Establishments: 7, 7 of
which may have a Type 41 (On-Sale Beer and Wine) or Type 47
(On-Sale General) Alcohol License. Type 48 (On-Sale General for
Public Premise) Alcohol License: 0. Other On-Sale Alcohol License
Types: 0.
(d) Block Four. Food Serving Establishments: 18, 10 of
which may have a Type 41 (On-Sale Beer and Wine) or Type 47
(On-Sale General) Alcohol License. Type 48 (On-Sale General for
Public Premise) Alcohol License: 0. Other On-Sale Alcohol License
Types: 0.
(e) Block Five. Food Serving Establishments: 16, 10 of which
may have a Type 41 (On-Sale Beer and Wine) or Type 47 (On-Sale
General) Alcohol License. Type 48 (On-Sale General for Public
Premise) Alcohol License: 0. Other On-Sale Alcohol License Types:
0.
(f) Block Six. Food Serving Establishments: 18, 11 of
which may have a Type 41 (On-Sale Beer and Wine) or Type 47
(On-Sale General) Alcohol License. Type 48 (On-Sale General for
Public Premise) Alcohol License: 0. Other On-Sale Alcohol License
Types: 0.
(g) Block Seven. Food Serving Establishments: 3, 2 of
which may have a Type 41 (On-Sale Beer and Wine) or Type 47
(On-Sale General) Alcohol License. Type 48 (On-Sale General for
Public Premise) Alcohol License: 0. Other On-Sale Alcohol License
Types: 0.
(h) Block Eight. Food Serving Establishments: 3, 2 of
which may have a Type 41 (On-Sale Beer and Wine) or Type 47
(On-Sale General) Alcohol License. Type 48 (On-Sale General for
Public Premise) Alcohol License: 0. Other On-Sale Alcohol
License Types: 0.
(i) Block Nine. Food Serving Establishments: 8, 6 of which
may have a Type 41 (On-Sale Beer and Wine) or Type 47 (On-Sale
General) Alcohol License. Type 48 (On-Sale General for Public
Premise) Alcohol License: 0. Other On-Sale Alcohol License
Types: 1.
SECTION 6. Game Arcades. The Planning Commission and City
staff are directed to disapprove all requests for the issuance of
building permits, administrative approvals, development review
permits, conditional use permits, or any other City approvals for
billiard parlors, game arcades, other electronic amusements
including dynamic motion simulators and virtual reality
simulators and other uses which, in the judgement of the Planning
Director, are similar, in the Proposed Bayside District, except
as exempted under Section 3.
SECTION 7. Exemptions. Notwithstanding the limitations on
food serving establishments and alcohol outlets set forth in
Section 5, one food serving establishment operated by a
non-profit organization shall be permitted on the west side of
the 1300 block of Second Street (Block 8). This establishment
shall be open to the public, shall not have alcohol service, and
shall operate as a job training center for persons seeking future
employment in food-serving establishments.
Notwithstanding the limitations on food serving
establishments and alcohol outlets set forth in Section 5, the
approved 360 seat restaurant located at 1201 Third Street
Promenade shall be permitted to be divided into a maximum of four
separate food service establishments with up to four on-sale
alcohol licenses, provided the establishments are contained in
the buildings located at 1201-1221 Third Street Promenade, none
of the four restaurants contain more than 200 seats, and the
total number of seats does not exceed 360. This exemption does
not affect the requirement to obtain any other City permits,
including, without limitation, Conditional Use Permits or alcohol
exemptions for the sale of alcohol at the individual food service
establishments.
SECTION 8. This Ordinance shall be of no further force or
effect six (6) months from its adoption, unless extended in the
manner required by law.
SECTION 9. Any provision of the Santa Monica Municipal Code
or appendices thereto inconsistent with the provisions of this
Ordinance, to the extent of such inconsistencies and no further,
are hereby repealed or modified to that extent necessary to
affect the provisions of this Ordinance.
SECTION 10. Ordinance Number 1746(CCS) is hereby repealed.
SECTION 11. 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 any 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 12. 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 after its adoption.
APPROVED AS TO FORM:
_______________________
MARSHA JONES MOUTRIE
City Attorney