O1820 (2)
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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
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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
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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
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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,
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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
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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
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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
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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
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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
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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
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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
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: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
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Paste Clipping
of Notice
SECURELY
In This Space