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SR-6-D (68) !. - 60 CA:MHS:bdsr\pc\ms JUL 1 3 1993 city Council Meeting 7-13-93 Santa Monica, California STAFF REPORT TO: Mayor and city Council FROM: city Attorney SUBJECT: Ordinance Prohibiting Game Arcades and Limiting Alcohol and Food Serving Establishments in portions of the C3 and C3C on an Interim Basis At its meeting on June 15, 1993, the city council introduced for first reading an ordinance extending, with modifications, an ordinance prohibiting game arcades and limiting the number of alcohol and food serving establishments in specified portions of the C3 and C3C zoning districts on an interim basis. The ordinance is now presented to the city council for adoption. RECOMMENDATION It is respectfully recommended that the accompanying ordinance be adopted. PREPARED BY: Joseph Larence, Acting City Attorney Mary H. Strobel, Deputy city Attorney 60 Hi! 1 3 199] ....-.>1- ..... I .. , ORDINANCE NUMBER 1691 (CCS) (Cay Council Senes) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA tvl0NICA PROHIBITING GAME ARCADES AND ESTABLISHING LIMIT A TIONS ON THE NlThfBER 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 Fmdmgs and Purpose The City Council finds and declares (a) At ItS August 11, 1992 Cay Council meetmg, the Cay Council held Its first publIc heanng regardIng the establishment of a Bayslde Drstnct zomng dIstnct ("Drstnct") WhICh wIll encompass portIons of the current C3 and C3C zomng dIstncts (b) At the same meetlng, the CIty CouncIl conSIdered the adoptlOn of the BaysIde Dlstnct SpeCific Plan WhICh, among other thmgs, proposes hmas on the number of alcohol and food servmg establishments whIch wIll be allowed in the DIstnct, and would prohIbIt entIrely the establIshment of new game arcades (c) Further actIOn IS needed by the Cay CouncIl to establIsh the BaysIde Dlstnct zomng dlstnct and to adopt the Bayslde Dlstnct SpeCIfic Plan. mcludmg completlon of enVIronmental revIew under the Cahforma EnVIronmental QualIty Act ("CEQA"). Further, the CIty CouncIl Will conSider at a later meetmg the adoptIOn of speCIfic zomng ordmances regulatmg permItted uses and property development standards In the Distnct conSIstent WIth the SpecIfic Plan. (d) If current development actlVIty IS allowed to contmue m the DIstnct pendmg such 1 -- ~ . final approval, uses 1Ocompatlble "'nth the proposed Bayslde Dlstnct SpecIfic Plan and zomng ord1Oance ImplementatlOn Will occur. (e) Pend10g the estabhshment of the Bayslde DIstnct and adoptlOn of changes to the zomng ordmance Implement10g the provIslOns of the Bayslde DIstnct SpecIfic Plan, to protect the puphc health. safety. and welfare. It IS necessary to limIt the number of alcohol and food servmg estabhshments 10 the DIstnct and to prohIbIt uses Incompatible WIth the proposed SpecIt"ic Plan and Implementmg ordmances on an mtenm baSIS. (f) The CIty WIshes to limIt the number of alcohol and food servmg establIshments as a way to control the recent prohferatlon of such establIshments m the area and also to encourage other types of lIses Because of the prolIferatIOn of alcohol and food servmg establishments, there eXlsts a current and Immediate threat to the publIc health, safety, or welfare, and the approval of addItIOnal adlTUfilstratlVe approvals. development reVIew permits, COndltlOnal use permItS. or any other apphcable entitlement for use In the Dlstnct mcompat:J.ble WIth the standards of thIS mtenm ordmance would result 10 a threat to public health, safety, or welfare. (g) At the September 15. 1992 City CouncIl meetmg, the CIty CounCIl conceptually approved the Draft Bayslde Dlstnct 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 servmg estabhshmems 10 a portIOn of the C3 and C3C dIstncts on an mtenm baSIS. (h) Followmg the adoption of Ordmance 1644(CCS) creat10g a 45 day moratonum, at the October 27, 1992 CIty Counc11 meeting the City CounCIl adopted OrdInance 1655(CCS), 2 .-' \ > WhICh extended the Intenm ordInance creatmg hmltat10nS on food servIng establishments and alcohol outlets Since the October 27, 1992 CIty CouncIl meetmg, staff has contracted WIth MIchael Brandman Associates to prepare the EnVIronmental Impact Report. Unless extended by CIty CounCIl, thIS Ordmance WIll expIre September 11, 1993. An extenSIOn of this Ordm~nce IS necessary because of the current and Immediate threat to the pubhc health, safety, or welfare descnbed above. SECTION 2 DefimtIons The followmg words or phrases as uses III thIS Ordinance shall have the followmg meamngs: Block One That area bounded by WIlshire Boulevard on the north, Anzona Avenue on the south, Fourth Court Alley on the east, and Mall Court East on the west. Block Two That area bounded by Anzona A venue on the north, Santa MOllica Boulevard on the south, Fourth Court Alley on the east, and Mall Court East on the west. Block Three That area bounded by Santa 1\1001ca Boulevard on the north. Broadway on the south. Fourth COllrt Alley on the east, and Mall Court East on the west. Block Four. That area bounded by WllshIre Boulevard on the north, Anzona Avenue on the south, Mall Court East on the east, and Mall Court West on the west. Block FIve. That area bounded by Anzona A venue on the north, Santa MOnIca Boulevard on the south, tvlall 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, t\-1all Court East on the east. and 1\.1all Court West on the west. Block Seven: That area bounded by WIlshire Boulevard on the north, Anzona A venue 3 . . , on the south. Mall Court West on the east. and FIrst Court Alley on the west. Block Elght: That area bounded by Anzona A venue on the north, Santa MOnIca Boulevard on the south, ~lall Court West on the east, and FIrst Court Alley on the west. Block Nme. That area bounded by Santa MOnIca Boulevard on the north, Broadway on the so~th, r-.-fatl Court West on the east. and FIrst Court Alley on the west. Food Servmg EstablIshment: Any restaurant, Includmg, WIthout lImItatIOn, any drive- through or dnve-In restaurant, fast-food or take-out restaurant, or SIdewalk cafe, and any use whIch Includes mCldental food service. For purposes of thIS Ordinance, a bar shall not be consIdered a food serving establishment Proposed Bayslde Dlstnct. That area bounded by WilshIre Boulevard on the north, Broadway on the sOllth. Fourth Court Alley on the east, and FIrst Court Alley on the west. SECTION 3 Appl1cabIllty The proVISIOns of thiS Ordinance apply only to applicatIons for projects to be located In the Proposed BaYSlde Dlstnct, and only to projects the applicatlon for which was filed after August 11. 1992 Any project which has received a conditIonal use permn, adminIstratIve approval. or alcohol exemption determinatIon on or before September 15, 1993 shall be exempt from the provlslOns of thiS Ordmance SECTION 4 Approval s Approval of all new alcohol or food servIng estabhshments to be located In the Proposed Bayslde Dlstnct WhICh do not otherwIse reqUire the Issuance of a conditIOnal use permIt. alcohol exemptlon determmatlon, or development revIew permn. shall reqUIre the Issuance of an administrative approval For purposes of thIS OrdInance, 4 - ~ . . an establIshment shall be considered a new alcohol or food serving establIshment If the pnor alcohol or food serving establIshment at that sIte has ceased operatIon of a contmuous penod of SIX months or longer , SECTION 5' LImIt on Food Serving Establishments and On-Sale Alcohol Outlets. The Planmng CommiSSIOn and CIty staff are directed to dIsapprove all requests for the Issuance of admInISlratlve approvals, development reVlew permits, condll:.1Onal use permll:s, alcohol exemptlOn determlOatlons. or any other City approvals for food servmg estabbshments or on-sale alcohol outlets, 1f the granting of such approval would cause the number of food servmg establIshments or on-sale alcohol outlets on the block on which the prOJect IS located to exceed the followlOg !Imitations (a) Block One Food ServlOg EstablIshments: 1, 0 of which may have a Type 41 (On- Sale Beer and WlOe) or Type 47 (On-Sale General) Alcohol Llcense. Type 48 (On-Sale General for PublIc Preml~e) Alcohol License 0 Other On-Sale Alcohol License Types. O. (b) Block Two Food ServlOg EstablIshments: 2. 2 of which may have a Type 41 (On- Sale Beer and Wme) or Type 47 (On-Sale General) Alcohol LIcense Type 48 (On-Sale General for PublIc PremIse) Alcohol License 0 Other On-Sale Alcohol License Types: 0 (c) Block Three Food Servmg 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' 0 Other On-Sale Alcoholllcense Types' O. (d) Block Four Food Serving EstablIshments: 18, 10 of WhICh may have a Type 41 (On-Sale Beer and \Vine) or Type 47 (On-Sale General) Alcohol License Type 48 (On-Sale 5 . General for Pubhc PremISe) Alcohol LIcense: 0 Other On-Sale Alcohol LIcense Types: O. (e) Block FIve Food Servmg Estabhshments: 16, 10 of WhICh may have a Type 41 (On-Sale Beer and Wme) or Type 47 (On-Sale General) Alcohol LIcense. Type 48 (On-Sale General for Pubhc PremIse) Alcohol LIcense. 0 Other On-Sale Alcohol License Types: O. . (f) Block SIX. Food Servmg EstablIshments: 18, 11 of whIch may have a Type 41 (On- Sale Beer and Wme) or Type 47 (On-Sale General) Alcohol License. Type 48 (On-Sale General for Pubhc PremIse) Alcohol LIcense: 0 Other On-Sale Alcohol LIcense Types: O. (g) Block Seven Food Servmg Estabhshments' 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 0 Other On-Sale Alcohol LIcense Types: O. (h) Block EIght Food Sef\l1ng Estabhshments: 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 0 Other On-Sale Alcohol LIcense Types: O. (1) Block Nine Food Servmg Estabhshments 8. 7 of whIch may have a Type 41 (On- Sale Beer and Wme) or Type 47 (On-Sale General) Alcohol License Type 48 (On-Sale General for PublIc PremIse) Alcohol LIcense 0 Other On-Sale Alcohol LIcense Types: 0 SECTION 6 Game Arcade5. The Planmng CommIssIOn and City staff are dIrected to dIsapprove all requests for the Issuance of bUIldmg permIts, admInIstratIve approvals, development reVIew permIts. condltlonal use permIts, or any other CIty approvals for bIlliard parlors, game arcades, other electroniC amusements mcludmg dynamIC motIOn SImulators and VIrtual realIty SImulators, and uses WhICh. In the Judgement of the Plannmg DIrector are SImIlar, 6 -~ . In the Proposed Bayslde Dlstncr. except as exempted under SectIon 3. SECTION 7 Exemptlons NotwIthstandIng the lImItatIOns on food servmg establIshments and alcohol outlets set forth In Section 5, one food servmg establishment operated by a Il;on-profit orgamzatIon shall be permItted on the west side of the 1300 block of Second Street (Block 8) TIllS estabhshment shall be open to the pubhc, shall not have alcohol service, and shall operate as a Job trammg center for persons seelung future employment In food-servmg estabhshments Not\:vnhstandmg the limitatIons on food servmg estabhshments and alcohol outlets set forth m SectIOn 5. the approved 360 seat restaurant located at 1201 Thud Street Promenade shall be permItted to be dIVided Into a maXllTIUm of four separate food service estabhshments wIth up to four on-~ale alcohol licenses. proVIded the estabhshments are contamed m the buildmgs 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 exemptlon does not affect the reqUlrement to obtam any other CIty permits. mdudmg, WIthout hmltatlOn, Condluonal Use Permns or alcohol exemptIOns for the sale of alcohol at the mdlvldual food service establishments. SECTION 8 ThIS Ordmance shall be of no further force or effect 18 months from Its adoptIon. unless extended 10 the manner reqUIred by law. SECTION 9 Any prOVISIon of the Santa MOnica ~-Iuniclpal Code or appendIces thereto 7 -- . . InCOnSIstent WIth the provlSlons of thIS OrdInance, to the extent of such InCOnsIstencIes and no further, are hereby repealed or modified to that extent necessary to affect the provlslOns of thIS OrdInance. SECTION 10. OrdInance l655(CCS) IS hereby repealed SECTION 11 If any sectIon, subsectlon, 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 jllnSdlctlOn. slIch 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 sectlOn, subsectIOn. sentence, clause, or phrase not declared InvalId or unconstltutIonal WIthollt regard to whether any portIOn of the Ordmance would be subsequently declared invalId or unconstItutIonal. 8 ~ . , . SECTION 12. The ~-fayor shall sIgn and the CIty Clerk shall attest to the passage of thIS Ordmance The City Clerk shall cause the same to be publIshed once m the official newspaper wlthlI~ 15 days after Its adoption ThIs Ordmance shall become effectIve 30 days after Its adoption. APPROVED AS TO FORt\..l ~~ JOSEPH LAWRENCE Actlllg City Attorney wp/morext 9 ~ General ServIces If all of t~e followIng occur In connectIon wIth such ccntract: 1) The CC~Slcera:lon to be paId by the State IS not more than the fair market value of the '~te~est to be receIved by the State under such contract; 2) An appraisal or other approorlate estImate of the fair market value of the Interest to oe receIved by the State u~oer such contract has been, prIor to commencement of negotiatIons, revIewed and apcrovec by tne Defartment O. General SerVIces, and 3 The accUlsltlon or nlrl~ of real ~roperty IS carried out In compllarce With Chapter 16 (comnenc.~g WIt' SectIon 7260) of J1VtS10n of TItle 1 of the Government Code. (0) ~otwlt~standlng SectIons 33203 and 33211 of the PublIC Resources Code, and Part 11 (commenCIng ~lth sect'on 15850) of DIVISIon 3 of TItle 2 of t~e Government Code, the Santa MonIca MountaIns Conservancy ~aY setec: ara aC~lre on behalf of the state, ary Interest In real or personal property or secured I~:erests thereIn oursuant to thIS act or oursuant to DIVISion 23 (commencIng WIth SeCtIon 33000) of the ?ubllc Resources Code, and the prOVISIons of SectIon 11005 of the Government Code Shall not a~ly to such aCCUlslt10ns. ?ursuant to aooroval by the Santa Monica Mountains Conservancy In accordance with DIVISIon 23 (comme~c1ng With sectIon 33000) of the Public Resources Code, the Santa Honlca Mountains Conservancy may also lease~ rent, sell, e~cnanee or otherWlse transfer land or Interest thereln, and notWIthstandIng Section 33203 ~f ~ e Pubtlc Resources ode, the prOVISIonS of Section 11005.2 of the Government Code Shall not apply to sucn transactIons. (c) NotWIthstandIng Section 31107 of the PublIC Resources Code, t~e Coastal Conservancy may select and acgulre on behalf of the state, real orooerty or any Interests thereIn pursuant to thIS act or pursuant to DIVISion 21 (commencIng wltn sectIon 31000) ot the Public Resources Code, and the prOVISIons of SectIons 15853 and 11005 of the Government Code shall not app'ly to such aC~lsltlons. Pursuant to a~roval by the Coastal Conservanc~ In accordance WIth D1VlSlon 21 (commenclnfi WIth section 31000) of the Pu llc Resources C~e, the Coastal onservancy may also leasef rentp sell, e~c ange or otherWIse transfer land or Interest t,ereln6 a~ notwlthstandln? SectIon 3"07 0 the ubllc Resources Code, the prOVISIons of SectIon 11005 2 of the overnment Code shal not ~lY to such transactions. Cd} The CalIfornIa Taroe onservancy may select and acculre on behalf of the State~ real &roperty or any Interests thereIn DUrsuant to thIS act or pyrsuant to TItle 7.42 (commencln{ WIth sectIon 669 5) of the 30vernment CCdel and the orOVlSlons of SectIon 11005 of the Government Code sha l not apply to such acqUISItIons, I the orOVlSlons of paragraphs (1) or (2) of thIS subdiVISIon are satisfIed. (1) (A) The conS1deratlon to be paId by the State 1S nOt more than the faIr market value of t~e Interest to be received by the State under such contract; (B) An aopralsal or other aoproprlate estImate of the fair market value of the l~:erest to be received by the State under such contract has been, prIor to completIon of negotiatIons, reviewed and aporoved bl the Decartment of General SerVIces, and \ ) The acqulSltlon or hIring of real p'r~rty IS carrIed out in comollance with TItle " C~aoter 16 (commencIng WIth sectIon 7260) of DIVISIon 7 of Itle 1 of the Government Code; or, (2) The t~ansactlon lS part of an overall settlement of lItIgatIon enterea Into by the CalIfornia Tahoe Conservancy w1th or upon the adVIce of the OffIce of the Attorney General. (e) Notw1thstandlng the geographlc lImItatIons In DIVISIon 2l of the PublIC Resources Code, the S~ate Coastal Conservancy may unoertake projects or awardu6rants for protectIon of agricultural landS or agrIculturaL oroductlon, pursuant to DIVISIon 21 of the P llc Resources Code, In an area that lIes partly or wholly outSIde the coastal zene but WIthIn a coastal county at the request of the local publIC agency or agenc1es haVIng JurISdIctIon Over the project area. . 23051 No approprIatIon to anr agency or for any project or pur~se shall be interpreted to limit tne amount of money any state or loca agency may spend for that protec or purpose. 23052. Any exoendlture by a state af,ency, or grant to a loca agenCr for the purpose of revegetatlonE reforestatIon or urban tree p antlng may Include WIthIn the a located amount sufficient funds to malntaln he vegetatIon for up to the fIrst three years after plantIng. 23054. (a) The Oeoartment of Parks and RecreatIon shall estaollsn crIteria for the c~tltlve grants pro?rams for cap1tal outlay park and recreatIon prOjects made pursuant to suboaragraph G) of oaragrapn 6) of SUbdlv1slon ba~ of SectIon 23007n and subparagraDhs (N) and (0) of paragrapn (7) of SUbdlvlslon (a) of Sect10n 23 O. PrIorIty for t ese grants snalt be gIven to: (1) Projects tnat are most lIkely to succeed In preventIng or allevlatlng~ang involvement, ~uvenlle delInquency, crlmlnal actIvity, substance abuse, adolescent pregnancy, or school rop'out or Ta1lure; (2) PrOjects In lO~-lncome neighborhoods that are currently underserved by park and recreatIon faCILItIes (3) ~roJects that are combIned with other recreatIon and servIce faCILItIes; (4) Projects prCDOSed cry puollc agencIes and nonprofIt organIzatIons who have a c~nstrated hIstory ana measurable success In gang InterventIon and preventIon, or an abILIty to work With at rlS~ youtn, or both; (5) JOInt applIcatIons by a public agency and a nonprofit organIzatIon whose prImary focus 15 workIng with at'rlsk routh and ~an~ mei1tJers; (6) App lcatlons w lC Include a nonorofit organization whIch agrees to and can demonstrate the abILIty to ooerate and malnta1n the faCilIty to be constructed or developed on a long-tenn baSIS; (7) Appllcatlons whIch Include communIty conservatlon cor~. (b) The Oepartment shall hold one publIC hearIng In northern Call ornla and one hearIng in southern CalIfornia before preoarlng criterIa pursuant to subdIVIsion (a). (c) All applfcatlons for these funds must Include a detaIled plan WhlCh IdentIfies and addresses the soeclflc and dIfferent recreational needs of both boys and gIrls, and which prOVIdes speclflC faCilItIes to meet these needs. 23055. ~Ithln competitive grant ~ograms made withIn urban areas by the Oepartment of Parks and ~ecreatlon ~rsuant to ~ra9raph 6 of su IV1Slon (a) of SectIon 23007[ pr10rlty snall be given to those p'roposals w Ich prOVide for the employment of youth! both bo~s and glr S, and partIcularly at-rIsk ~outh, from the area In WhlCh the proposed project IS loea ed, or W lch Include or are to be admInIstered y.a nonproflt organIzatIon with a demonstrated history of youth emp~oyment, gang preventIon and Intervention, and tralnln~~rOgrams for at'rlsk youth, lnclud'n1 loeal communIty conservation corps. 230 . No prOVISIon of thIS dlVISlon shal be construed as authorIZing the condemnatIon of state lands. 23057. Landscaping, tree'plantlng, or anr other flantlng projects funded pursuant to thiS act shall use highly effiCIent Irr~ation systems arid shal use Ca Ifornla natIve drought. resistant or xerophytic trees, plants, lawn or s ,exceDt when use of such CalIfornIa natIve plants IS Infeeslble or undeSIrable. In such cases, non'natlve drought-reSIstant or xerophytic plants may be used. If the use of such plants lS Infeaslble or undeSirable, other plants mar be used. ~hen groJects Involve the rehabilItatIon of eXistIng Irrlgatlon systems or the creatIon of new ong term IrrIgatIon systems, reclaImed water should be used whenever poSSIble and prIority shall be gIven to develooment of reclaImed water IrrigatIon systems. The Departme~t of Uater Resources Shall develOp crIterIa to be used ln determlnlng whether IrrIgatIon systems are h19h~ effICIent. 058. a) Of the funds transferred to the HabItat ConservatIon Fund ~rsuant to Section 2795 of the FIsh and Game Code durl~ the 1994.1995 through 1998-1999 fIscal years a to al of not less than fIve mIllIon dollars ($5,000, 00) shall be appropriated for the capita outlay proJects for the protectIon, 24