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SR-8-A (99) a... A UTM: SF w/pordsr COUNCIL MEETING: October 20, 1992 0('1 ~) \)" '0.0. I "" ;.J !"..., OCl ~ . 1S;2 Santa Monica, cal~fornia TO: Mayor and city council FROM: City staff SUBJECT: Recommendation To Adopt Emergency Ordinance Extending The Interim Ordinance Prohibiting Game Arcades And Establ ishing Limitations On The Number Of Alcohol And Food Serving Establishments In Specified Portions Of The C3 And C3C Districts. INTRODUCTION This report recommends that the City Council extend the existing interim ordinance prohibiting game arcades and limiting alcohol and food establishmenfs in the Bayside District for a time period of ten months and forty five days. BACKGROUND On September 15, 1992 the City Council adopted an emergency ordinance as part of the review of the Bayside District Specific plan. The ordinance established limitations on food serving and alcohol establishments per block within the Bayside District. The interim ordinance was only effective for 45 days, therefore it is necessary for the Council to extend the interim ordinance in order for the new standards to remain in effect. Staff is recommending the maximum extension allowed at this time, ten months and forty five days. - 1 - 8-A OCT ? !-, 10:-'" --- "J .";..;i.. OCT .; ,~ I ?- : 1992 since the adoption of the ordinance, a restaurant operator has expressed interest in locating in a block that does not permit any additional restaurants. The proposed ordinance does not increase the number of restaurants permitted in that block. Should the Council decide to allow for the increase, Section 6(h) would need to be amended from zero food serving establishments to one food serving establishments not serving alcohol. The ordinance presented only 1 imi ts the establ ishment of game arcades in the Bayside District. Should the council wish to extend the restrictions to other entertainment uses, a new section should be added which states: Entertainment Uses: 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 entertainment uses, night clubs, billard parlors or cinemas in the Proposed Bayside District, except as exempted under section 3. BUDGET/FINANCIAL IMPACT The recommendation presented in this report does not have a budget or fiscal impact. - 2 - RECOMMENDATION It is recommended that the City Council adopt the emergency ordinance extending the interim standards for ten months and forty five days. Prepared By: Paul Berlant, Director of LUTM Suzanne Frick, Planning Manager Land Use and Transportation Management Department Program and Policy Development Division Attachments: Proposed Ordinance - 3 - ATTACHMENT A Onnj""j ..... .J ... [ --- -- --- - - --+--=...:-- CA:RMM:bd4/hpadv City Council Meeting 10-27-92 Santa Monica, California ORDINANCE NUMBER 1655(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 hear1ng regarding the establishment of a Bayside District zoning distr1ct ("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 ent1rely the establishment of new game arcades. (c) Further action is needed by the City council to establish the Bayside District zoning d1strict and to adopt the - 1 - Bayside District specific Plan, including completion of environmental review under the California Environmental Quality Act ("CEQAII). 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 Bays1de District and adoption of zoning ordinances 1mplementing the provisions of the Bayside District specific Plan, to protect the public health, safety, and welfare, it 1S 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 approva 1 of additional administrat i ve approvals, development review permits, conditional use permits, or any other applicable entitlements for use in the District incompatible with - 2 - the standards of this lnterim 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. Unless extended by the city Council, this ordinance wll1 expire on October 30, 1992. An extension of this Ordinance 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 used in this Ordinance shall have the following meanings: Block One: That area bounded by the south slde 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 slde 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 slde 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 slde of Broadway on the - 3 - '- 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 slde of Wilshire Boulevard on the north, the north side of Arlzona 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 s ide of the Third street Promenade on the west. Block SlX: 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 slde 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 - 4 - 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, 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. 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 s ide of Second street on the west, and the east side of Fourth street on the east. SECTION 3. Applicability. The provisions of thlS 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 exemptlon determination on or before the effective date of this Ordinance shall be exempt from the provisions of this Ordinance. Additionally, 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) 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 - 5 - issuance of an administrative approval. For purposes of this Ordinance, an establishment shall be considered a new alcohol or food serv1ng 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 On-Sale Alcohol Outlets. The Plann1ng Commission and City staff are directed to disapprove all requests for the issuance of administrative approvals, development review permits, conditional use perm1ts, alcohol exemption determinations, or any other City approvals for on-sale alcohol outlets, if the granting of such approval would cause the number of on-sale alcohol outlets, includ1ng existing outlets, on the block on Which the project is located to exceed the following limitations: ( 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: 1. 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 - 6 - (d) Block Four. Type 41 and Type 47 Beer and Wine or General Alcohol SerVlce For Public Eating Place: 10. Type 48 General Alcohol SerVlce for PubllC Premise: o. other On-Sale Alcohol License Types: O. (e) Block Five. Type 41 and Type 47 Beer and Wine or General Alcohol Service For Public Eatlng 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: 1I. Type 48 General Alcohol Service for Public Premise: O. Other On-Sale Alcohol License Types: o. (g) Block Seven. Type 41 and Type 47 Beer and Wine or General Alcohol Service For Public Eating Place: 2. Type 48 General Alcohol SerVlce 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 SerVlce 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. - 7 - SECTION 6. Limi t on Food serving Establishments. Nothwithstanding the provisions of Section 5, the Planning Commission and City staff are d1rected 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, 1f 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 11mitations: (a) Block One: Food serv1ng establishments which also sell alcohol: o. Food serv1ng establ1shments which do not sell alcohol: 1. (b) Block Two: Food serving establishments which also sell alcohol: 2. Food serv1ng 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 serv1ng establishments which also sell alcohol: 10. Food serv1ng 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. - 8 - (f) Block six: Food serving establishments which also sell alcohol: 11. Food serv1ng 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: 1. (i) Block Nine: Food serving establishments which also sell alcohol: 7. Food serving establ1shments which do not sell alcohol: 1. SECTION 7. 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 dynam1c motion simulators and virtual reality simulators, and uses which, in the judgement of the Planning Director are similar, in the Proposed Bays1de District, except as exempted under section 3. SECTION 8. Exception. Notwithstanding the limitations on food serving establishments set forth in Section 6 above, one food serving establishment operated by a non-profit organ1zation - 9 - 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. SECTION 9. This Ordinance shall be of no further force or effect 10 months and 15 days from its adoption, unless extended in the manner required by law. SECTION 10. This Ordinance is declared to be an urgency measure adopted pursuant to the provisions of section 9120.6 of the Santa Monica Mun~cipal Code and section 615 of the Santa Monica City Charter. There 1S a current and ~mmediate 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 11. 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 th1S Ordinance. SECTION 12. 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 - 10 - 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 13. 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 off icial newspaper within 15 days after its adoption. This Ordinance shall become effective upon adoption. APPROVED AS TO FORM: LAWRENCE city Attorney - 11 - Adopted and approved this 27th day of October, 1992. I hereby certify that the foregoing Ordinance No. 1655(CCS) was duly and regularly introduced at a meeting of the city Council on the 27th day of October 1992: that the said Ordinance was thereafter duly adopted at a meeting of the City council on the 27th day of October 1992 by the following Council vote: Ayes: Councilmembers: Abdo, Genser, Olsen, Vazquez, Zane Noes: Councilmembers: Holbrook Abstain: councilmembers: None Absent: Councilmembers: Katz ATTEST: .~4e .fr01~ ---- - ci ty Clerk I