O1319
e
e
CA:RMH:jhord1
City CouncIl Meeting 11-13-84
Santa Monica, California
ORDINANCE NUMBER 1319
(City Council Series)
AN ORDINANCE OF THE CITY COUNCIL
OF THE CITY OF SANTA MONICA
ESTABLISHING AN INTERIM CONDITIONAL USE PERMIT APPROVAL
PROCESS FOR NEW AND EXISTING ALCOHOL-SERVING BUSINESSES
THE CITY COUNCIL OF THE CITY OF SANTA MONICA DOES ORDAIN
AS FOLLOWS:
SECTION 1. Flndinas and Puroose.
- -
The City Council finds and declares:
(a) Recent emplrical studies demonstrate that there is
a complex interrelationship between the availability of
alcohol, the consumption of alcohol, and resulting community
problems, such as public drunkenness, drunk driving, traffic
accidents, vIolent crime, noise, and nuisance.
( b ) The
City
of
Santa
Monica
contains
an
overconcentration
of alcohol outlets at which alcoholic
beverages are sold on premises. The number of total active
retail alcohol outlets In the City has Increased in recent
years.
( c ) In addItIon to traditional alcohol outlets such as
bars, restaurants, liquor stores, and supermarkets, a variety
1
e
e
of new types of alcohol outlets are beginning to appear or are
being proposed In Santa Monica and other communitles.
(d) There
lS
contlnuing and increasing community
concern over the proliferation of alcohol outlets in the city,
as evident from the Maln Street Plan, the P1CO Neighborhood
Communlty Plan, and the Land Use and Circulatlon Elements of
the Clty'S General Plan. There is a current and immediate
threat to the public health, safety, and welfare, and the
unconditional approval of addItional alcohol outlets would
result in a threat to public health, safety, and welfare.
(e) While the issuance of llquor licenses is the
exclusive province of the State, local jurisdictions are
permitted to establish reasonable controls and conditions on
the location of alcohol outlets.
(f) The City should study several alternative permanent
controls on alcohol outlets, in consultation with community
and
industry
representatives.
Pending
such permanent
measures, it 1S necessary to establish an interim control
measure that will permit the City to review and approve new
alcohol outlets on a case by case bas1s and to condition that
approval based on the specific type of alcohol outlet,
neighborhood locatlon, and potentlal problems involved.
SECTION 2. Conditional Use Permlt Required.
Upon the effective date of this Ordinance, no person
shall establish a new business or use dlspenslng, for sale or
other consideration, alcoholiC beverages, 1ncluding beer,
wlne, malt beverages, and distilled sp1rits for on-site or
2
e
e
off-sIte consumption wlthout fIrst obtalning a Conditional Use
Permit from the CIty of Santa Monica as set forth in Santa
Monica Municipal Code Section 9148, and as more specifically
set forth herein. Existlng alcohol outlets shall also obtain
a Conditional Use Permit except where the premIses either
retain the same type of retail liquor license within a license
classification
or
the
licensed
premises are operated
continuously without substantial change in mode or character
of operation.
Examples of a substantial change In mode or
character of operatlon include, but are not limited to, a 10%
increase in the floor area of the premises, a 25% increase In
the shelf area used for the display of alcoholIC beveragesJ or
a 25\ increase in the number of seats In any restaurant which
serves alcoholic beverages.
SECTION 3. Interim Procedure.
(a) The CIty PlannIng Commission, or the Clty Council
on appeal, shall have the authorIty to approve the use of a
lot or parcel in the City for a business or use dispenSIng,
for
sale
or
other consideration, alcoholic beveragesJ
including beer, wine, malt beveragesJ and distilled spirits
for
on-site
or
off-site
consumption.
In granting a
conditional use permit, the Planning Commission, and City
Council on appeal shall follow the procedures set forth in
Santa Monica MunIcIpal Code Section 9148.
(b) In making the findings required pursuant to Santa
MonIca Municipal Code Section 9148B3, the Planning Commission,
3
e
It
or City Council on appeal, shall consider whether the proposed
business or use will:
(1) Adversely affect the welfare of neighborhood
reSidents.
(2) Contribute to an undue concentration of
alcohol outlets in the area.
(3) Detrimentally affect nearby residentIally
zoned neighborhoods considering the distance of the alcohol
outlet to reSidential buildings, churches, schools, hospitals,
playgrounds, parks, and other existing alcohol outlets.
(c) The Planning CommiSSion, or City Council on appeal,
may grant the Conditional Use Permit subject to those
conditions as may be necessary to ensure that the proposed
business or use:
(1) Is compatible With existing and potential uses
within the general area.
(2) That traffIC and parking congestion will not
result.
(3) That the publIC health, safety, and general
welfare are protected.
(4) That no harm to adjacent properties Will
result.
(5) That the objectives of the Master Plan are
secured.
(d) Whenever an applIcation for a conditional use
permit has been flIed pursuant to this Ordinance, and in
addition to the public notification reqUired In Santa Monica
4
e
e
MunIcipal Code Section 9148B2b, the Planning Department shall
also cause to be noticed residential and commercial tenants
withIn 500 feet of the exterior boundaries of the property,
neIghborhood organIzations, and other organIzations requesting
such notification.
SECTION 4. ~~emption.
The Zoning Administrator shall have the authority to
grant an exemption from the provisions of this Ordinance for
restaurants or "bona fide" public eating places which offer
for sale or dispense for conSIderatIon alcoholic beverages
including beer or wine Incidental to meal service. The
exemption
shall
be approved in writing by the Zoning
AdminIstrator and shall be subject to the right of appeal to
the Planning Commission as provided in Santa Monica Municipal
Code Section 9145C3. The exemptIon shall only be approved if
the applIcant agrees In wrIting to comply wIth the following
criterIa and conditions:
(a) The premises contains a kitchen or food-serving area
In WhIch a variety of food is prepared and cooked on the
premises.
(b) The prImary use of the premises is for sit-down
service to patrons.
(c) The premises serve food to patrons during all hours
the establishment is open for customers.
5
e
e
(d) The premises only serve alcohol in a dining area
and not in a separate alcohol serving fac1lity or area that is
separate from the dining area.
(e) Adequate seating arrangements for sit-down patrons
are provided on the premises not to exceed a seating capacity
of 50 persons.
(f) Any take out service is only incidental to the
primary sit-down use and does not include the sale or
dispenSing for consideration of alcoholic beverages or beer or
wine.
(g) No alcoholiC beverages or beer or wine are sold or
dispensed for consumption beyond the premises.
(h) No dancing or live entertainment is permitted on
the premises.
SECTION 5. Exoiratlon.
This
ordinance shall remain in
effect until January 1,
of no further effect and
1986, after which time It shall be
shall be deemed repealed.
SECTION 6. App~icability of the Zoning Code.
The regulations of thiS Ordinance are In addition to
those set forth in the Zoning Regulations of Article IX
Chapter 1 of the Santa Honlca Municipal Code and do not confer
any rights not otherwise granted under the provisions and
procedures contained 1n said Chapter.
6
e
.
SECTION 7. 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
8.
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 the 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 9.
The Mayor shall SIgn and the City Clerk
shall attest to the passage of thls ordinance. The City Clerk
shall cause the same to be published once in the official
newspaper within 15 days after its adoption. The ordinance
shall become effectlve after 30 days from its adoption.
APPROVED AS TO FORM:
~ "'"'-.. ~
ROBERT M. HYERS CJ -
Clty Attorney
7
e
.
Adopted and approved thlS 13th day of November 1984.
~~ -;;;
. / /~/?
( //:--1/ L?7~
'--~-> May 0 r ---
I hereby certIfy that the foregoing Ord lnance No. 1319 (CCS)
was duly and regularly Introduced at a meetlng of the City
Council on the 23rd day of October 1984; that the sald Ordlnance
was thereafter duly adopted at a meetIng of the City CouncIl on
the 13th day of November 1984 by the followIng Council vote:
Ayes: Councilmembers: Conn, Epstein, Jennings, Reed,
Zane and Mayor Edwards
Noes: Councllmembers: None
AbstaIn: Counci1members: None
Absent: Councllmembers: Press
ATTEST:
-~
a~7/>J;~
Crty Gl-erk -
---- -~