O1644
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CA:RMM:bd1/hpadv
City Council Meeting 9-15-92
Santa Monica, California
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
AND DECLARING THE PRESENCE OF AN EMERGENCY
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
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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 specif ic 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 zoning ordinances 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 as a way to control the recent
proliferation of such establishments in the area and also to
encourage other types of uses. 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
administrati ve approvals,
development review permits, conditional use permits, or any other
applicable entitlements for use in the District incompatible with
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the standards of this interim ordinance would result in a threat
to pUblic health, safety, or welfare.
SECTION 2. Definitions. The following words or phrases as
used in this Ordinance shall have the following meanings:
Block One: That area bounded by the south side of Wilshire
Boulevard on the north, the north side of Arizona Avenue on the
south, the east side of Fourth street on the east, and the west
side of Fourth street on the west.
Block Two: That area bounded by the south side of Arizona
Avenue on the north, the north side of Santa Monica Boulevard on
the south, the east side of Fourth street on the east, and the
west side of Fourth street on the west.
Block Three: That area bounded by the south side of Santa
Monica Boulevard on the north, the north side of Broadway on the
south, the east side of Fourth Street on the east, and the west
side of Fourth street on the west.
Block Four: That area bounded by the south side of
Wilshire Boulevard on the north, the north side of Arizona on the
south, the east side of the Third street Promenade on the east,
and the west side of the Third Street Promenade on the west.
Block Five: That area bounded by the south side of Arizona
Boulevard on the north, the north side of Santa Monica Boulevard
on the south, the east side of the Third street Promenade on the
east, and the west side of the Third Street Promenade on the
west.
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Block Six: That area bounded by the south side of Santa
Monica Boulevard on the north, the north side of Broadway on the
south, the east side of the Third street Promenade on the east,
and the west side of the Third street Promenade on the west.
Block Seven: That area bounded by the south side of
Wilshire Boulevard on the north, the north side of Arizona on the
south, the east side of Second street on the east, and the west
side of Second Street on the west.
Block Eight: That area bounded by the south side of
Arizona on the north, the north side of Santa Monica Boulevard on
the south, the east side of Second Street on the east, and the
west side of Second street on the west.
Block Nine: That area bounded by the south side of Santa
Monica Boulevard on the north, the north side of Broadway on the
south, the east side of Second Street on the east, and the west
side of Second street on the west.
Food Serving Establishment: Any restaurant,
without limitation, any drive-through or drive-in
fast-food or take-out restaurant, or sidewalk cafe,
which includes incidental food service.
including,
restaurant,
and any use
Proposed Bayside District: That area bounded by the south
side of Wilshire Boulevard on the north, the north side of
Broadway on the south, the west side of Second street on the
west, and the east side of Fourth street on the east.
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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
application for which was filed after August 11, 1992. Any
project which has received a conditional use permit,
administrative approval, or alcohol exemption determination on or
before the effective date of this Ordinance shall be exempt from
the provisions of this Ordinance.
SECTION 4. 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. 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 on-sale alcohol outlets I if the granting of such
approval would cause the number of on-sale alcohol outlets,
including existing outlets, on the block on which the project is
located to exceed the following limitations:
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(a) Block One. Type 41 and Type 47 Beer and Wine or
General Alcohol Service For Public Eating Place: o. Type 48
General Alcohol Service for Public Premise: o. Other On-sale
Alcohol License Types: o.
(b) Block Two. Type 41 and Type 47 Beer and Wine or
General Alcohol Service For Public Eating Place: 2. Type 48
General Alcohol Service for Public Premise: L other On-Sale
Alcohol License Types: o.
(c) Block Three.
General Alcohol Service
General Alcohol Service
Alcohol License Types: o.
Type 41 and Type 47 Beer and Wine or
For Public Eating Place: 7. Type 48
for public Premise: 1. Other On-Sale
(d) Block Four. Type 41 and Type 47 Beer
General Alcohol Service For Public Eating Place:
General Alcohol Service for Public Premise: o.
Alcohol License Types: o.
and Wine or
10. Type 48
Other On-Sale
(e) Block Five. Type 41 and Type 47 Beer and wine or
General Alcohol Service For public Eating Place: 10. Type 48
General Alcohol Service for Public Premise: o. Other On-Sale
Alcohol License Types: o.
(f) Block six. Type 41 and Type 47 Beer and wine or
General Alcohol Service For Public Eating Place: 1L Type 48
General Alcohol Service for public Premise: o. Other On-Sale
Alcohol License Types: o.
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(g) Block Seven. Type 41 and Type 47 Beer and Wine or
General Alcohol Service For Public Eating Place: 2. Type 48
General Alcohol Service for Public Premise: O. other On-Sale
Alcohol License Types: O.
(h) Block Eight.
Type 41 and Type 47 Beer and Wine or
General Alcohol service For PUblic Eating Place: 2.
Type 48
General Alcohol Service for Public Premise: O.
Other On-Sale
Alcohol License Types: O.
(i)
Block Nine.
Type 41 and Type 47 Beer and wine or
General Alcohol Service For PUblic Eating Place: 7.
Type 48
General Alcohol Service for public Premise: 2.
Other On-Sale
Alcohol License Types: O.
SECTION 6.
Nothwithstanding the provisions of section 5,
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, if the granting of such approval would
cause the number of food serving establishments, including
existing establishments, on the block on which the project is
located to exceed the following limitations:
(a) Block One: Food serving establishments which also sell
alcohol: O.
Food serving establishments which do not sell
alcohol: 1.
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(b) Block Two: Food serving establishments which also sell
alcohol: 2.
Food serving establishments which do not sell
alcohol: o.
(c) Block Three: Food serving establishments which also
sell alcohol: 7.
Food serving establishments which do not sell
alcohol: O.
(d) Block Four: Food serving establishments which also
sell alcohol: 10. Food serving establishments which do not sell
alcohol: 8.
(e) Block Five: Food serving establishments which also
sell alcohol: 10. Food serving establishments which do not sell
alcohol: 6.
(f) Block six: Food serving establishments which also sell
alcohol: 11.
Food serving establishments which do not sell
alcohol: 7.
(g) Block Seven: Food serving establishments which also
sell alcohol: 2.
Food serving establishments which do not sell
alcohol: 1.
(h) Block Eight: Food serving establishments which also
sell alcohol: 2.
Food serving establishments which do not sell
alcohol: o.
(i) Block Nine: Food serving establishments which also
sell alcohol: 7.
Food serving establishments which do not sell
alcohol: 1.
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SECTION 7. The Planning commission and city staff are
directed to disapprove all requests for the issuance of building
permi ts, administrative approvals, development review permi ts,
conditional use permits, or any other City approvals for game
arcades in the Proposed Bayside District, except as exempted
under section 3.
SECTION 8. This Ordinance shall be of no further force or
effect 45 days from its adoption, unless extended in the manner
required by law.
SECTION 9. This Ordinance is declared to be an urgency
measure adopted pursuant to the provisions of Section 9120.6 of
the Santa Monica Municipal Code and section 615 of the Santa
Monica City Charter. There is a current and immediate threat to
the public health, safety, and welfare. It is necessary for
preserving the public peace, health, safety, and welfare and the
urgency for its adoption is set forth in the findings above.
SECTION 10. 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 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
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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 upon adoption.
APPROVED AS TO FORM:
~CJ!O-~
JOS PH LAWRENCE
'ng city Attorney
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Adopted and approved this 15th day of september, 1992.
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I hereby certify that the foregoing Ordinance No. 1644 (CCS)
was duly and regularly introduced at a meeting of the city
Council on the 15th day of September 1992; that the said
Ordinance was thereafter duly adopted at a meeting of the City
council on the 15th day of september 1992 by the following
Council vote:
Ayes: Councilmembers: Abdo, Genser, Holbrook, Katz,
Olsen, Vazquez, Zane
Noes: Counci1members: None
Abstain: Councilmembers: None
Absent: Councilmembers: None
ATTEST:
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city Clerk ( _