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O1820 (2) e e CA:f:muni\laws\mhs\bayalc.6 city council Meeting 10-17-95 Santa Monica, California ORDINANCE NUMBER 1820 (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. Findinas 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 (nDistrictn) 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 1 e e 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 2 e e 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 NUl'llher 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 3 e e 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 commi.ssion 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, 4 e e 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 5 e e 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. Aoolicabilitv. The provisions of this Ordinance apply only to applications for proj ects 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 Accrovals. 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 Servinq Establishments and On-Sale 6 e e 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: 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 7 e e 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. (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, 6 of which 8 e e 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: 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. ExemDtions. 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 9 e e 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 wi th 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 10 e e 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: (rta.'(.A_-t..,,~ /1k~~ MARSHA JO~~ MOUTRIE City Attorney 11 - -- tJ~ :tviayor State of CalIfornIa ) County of Los Angeles) ss CIty of Santa MODlea ) I, Mana M Stewart, CIty Clerk of the CIty of Santa MODlea, do hereby certIfy that the foregomg Ordmance No 1820 (CCS) had 11s first readmg on October 10, 1995 and had Its second readmg on October 17, 1995 and was passed by the followmg vote Ayes CouncIl members Abdo, Ebner, Genser, Greenberg, Holbrook, O'Connor, Rosenstem Noes Couned members None Abstam CounCIl members None Absent CouncIl members None ATTEST "--- ~~~ CIty Clerk ' ..... .. .. 1 PROOF OF PUB.ATION (2015.5 C.C.P.) STATE OF CALIFORNIA, County of Los Angeles, I am a citizen of the United States and a resident of the County aforesaid; I am over the age of eighteen years. and not a paf'ty to or interested In the above-entitled matter. I am the principal clerk of the printer of the .................................................... THE OUTLOOK ..........4...~'..t................................. a newspaper of general circulation, printed and published .~.,..I.\-X.f;~~f:.IT.~J1~nAX. in the City of .M>>:rA.ftJ9HJkA............ County of Los Angeles, and which newspaper has been adjudged a newspaper of general circulation by the Superior Court of the County of Los Angeles. State of CaliforOla, underthedateof)~:.~? 19 .~~., Case Number ..;U~.~JJL....; that the notice, of which the annexed is a printed copy (set in type not smaller than nonpareil), has been publfshed in each regular and entire Issue of said newspaper and not in any supplement thereof on the following dates, to-wit: OCT 28 .. ....... ... .............................. .......... a... ..... all in the year 19..~~. I certify (or declare) under penalty of perjury that the foregoing Is true and correct. Free COlli.. of tllllltla/tk form may OIllCured from' CALIFORNIA NEWSPAPER SERVICE BUREAU, INC. Legal Advertising Ctearlng House P 0 80)( 31 Los Angeles CA 90053 Telepnone 625.2541 Ple..e r,Quut OlE N EIIAL Proof of Pullllution wilen order.", tllis tor'" This space is for thlounty Clerk's Filing Stamp Proof of Publication of ...~...................~......~.................._........ Paste Clipping of Notice SECURELY In This Space