O1691
ORDINANCE NUMBER 1691 (CCS)
(City Council Series)
AN ORDINANCE OF THE CITY COUNCIL OF THE
CITY OF SANTA MONICA PROHIBITING GAME ARCADES
AND ESTABLISHING LIMIT A TIONS 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
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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 pulblic 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.
(t) 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 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),
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which extended the interim ordinance creating limitations on food serving establishments and
alcohol outlets. Since the October 27, 1992 City Council meeting, staff has contracted with
Michael Brandman Associates to prepare the Environmental Impact Report. Unless extended
by City Council, this Ordinance will expire September 11, 1993. An extension of this
Ordin~nce is necessary because of the current and immediate threat to the public health, safety,
or welfare described above.
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 A venue 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 A venue 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
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on the south, Mall Court West on the east, and First Court Alley on the west.
Block Eight: That area bounded by Arizona A venue 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 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 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,
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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 of a continuous period of
six months or longer.
l 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: I, 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: O. Other On-Sale Alcohol License Types: O.
(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: O. Other On-Sale Alcohol License Types: O.
(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: O. Other On-Sale Alcohol License Types: O.
(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
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General for Public Premise) Alcohol License: O. Other On-Sale Alcohol License Types: O.
(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: O. Other On-Sale Alcohol License Types: O.
) (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: O. Other On-Sale Alcohol License Types: O.
(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: O. Other On-Sale Alcohol License Types: O.
(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: O. Other On-Sale Alcohol License Types: O.
(i) Block Nine. Food Serving Establishments: 8, 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: O. Other On-Sale Alcohol License Types: O.
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 uses which, in the judgement of the Planning Director are similar,
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in the Proposed Bayside District, except as exempted under Section 3.
SECTION 7. Exemptions. Notwithstanding the limitations on food servmg
establishments and alcohol outlets set forth in Section 5, one food serving establishment operated
by a qon-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 18 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
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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 1655(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.
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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:
~~
JOSEPH LAWRENCE
Acting City Attorney
wp/morext
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Adopted and approved this 13th day of July, 1993.
9'u.k
Mayor
I hereby certify that the foregoing Ordinance No. 169l(CCS)
was duly and regularly introduced at a meeting of the City
Council on the 15th day of June 1993; that the said Ordinance was
thereafter duly adopted at a meeting of the City Council on the
13th day of July 1993 by the following Council vote:
Ayes: Councilmembers: Abdo, Genser, Greenberg,
Holbrook, Olsen, Rosenstein,
Vazquez
Noes: Councilmembers: None
Abstain: Councilmembers: None
Absent: Councilmembers: None
ATTEST:
A~~4~
~ City Cler