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CA:atty\muni\strpts\mhs\bayalc.3 MAY 3 1 1994
City Council Meeting 5-31-94 Santa Monica, California
STAFF REPORT
TO: Mayor and City council
FROM: city Attorney
SUBJECT: 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
At its meeting on May 24, 1994, the city council
introduced for first reading an ordinance 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 ordinance is now presented to
the City council for adoption.
RECOMMENDATION
It is respectfully recommended that the accompanying
ordinance be adopted.
PREPARED BY: Marsha Jones Moutrie, City Attorney
Mary H. Strobel, Deputy City Attorney
MAY 3 1 199~
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CA:f:muni\laws\mhs\bayalc.4 Santa Monica, California
city council Meeting 5-24-94
ORDINANCE NUMBER 1 7 4 6 (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:
S ECTI ON 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 Bays~de District zoning district ("District" ) which will
encompass portlons of the current C3 and C3C zoning districts.
(b) At the same meeting, the City council considered the
adoptlon of the Bayside District Speciflc Plan which, among other
th~ngs, proposes limits on the number of alcohol and food serving
establishments which will be allowed in the District, and would
prohlbit 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
Distrlct Specific Plan, including completion of environmental
review under the Californla Environmental Quality Act ( II CEQA ") .
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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
adopt.1on 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 servlng establishments in the District
and to prohibit uses incompatlble wlth the proposed Specific Plan
and lmplementing ordinances on an interim basis.
(f) The City wlshes to limit the number of alcohol and food
servlng 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
establlshments, there eXlsts a current and immediate threat to the
publlC health, safety, or welfare, and the approval of additional
administrative approvals, development review permits, conditional
use permits, or any other applicable entitlement for use l.n the
Distr.1ct incompatible with the standards of this interim ordinance
would result in a threat to public health, safety, or welfare.
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. 1992 city council meeting, the City
(g) At the September 15,
Council conceptually approved the Draft Bayside Dlstrict Speciflc
Plan, directed staff to proceed wlth 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 Ordlnance 1644(CCS) creating a
45 day moratorium, at the October 27, 1992 city Council meeting the
Clty 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 Number 1691, extending the interim ordinance
eighteen (18) months, in order to complete an Environmental Impact
Report.
(1) 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 ln which they are located, and have temporarily ceased
operations. Should these uses not be allowed to resume thelr
operations due to the earthquake and the existing provisions of
ordinance 1691 llmiting the number of alcohol and food serving
establishments per block, substantial hardshlp and i~justlce could
result. It is therefore necessary to amend Ordinance 1691 to
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accommodate the needs of displaced businesses suffering hardship
due to the earthquake. An amendment of this Ordinance 1S 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 Avenue 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 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
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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 incidental food service. For purposes of this
Ordinance, a bar shall not be considered a food serving
establishment.
Proposed Bayslde 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 provlsions of this Ordinance
apply only to applications for projects to be located in the
Proposed Bayslde 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.
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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, 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
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
limitatJ.ons:
(a) Block One. Food Servlng Establishments: 1, o of which
may have a Type 41 (On-Sale Beer and Wlne) or Type 47 (On-Sale
General) Alcohol License. Type 48 (On-Sale General for Public
premise) Alcohol License: O. other On-Sale Alcohol ~icense Types:
O.
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(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 General for Public
Premise) Alcohol License: o. other On-Sale Alcohol License Types:
O.
(e) Block Fl.ve. 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 Publlc
Premise) Alcohol Llcense: o. Other On-Sale Alcohol License Types:
O.
(g) Block Seven. Food Serving Establishments: 3, 2 of which
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may have a Type 41 (On-Sale Beer and Wine) or Type 47 (On-Sale
Genera 1 ) 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.
(1) Block Nine. Food serving Establishments: 8, 6 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:
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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, condit1onal use permits, or any other city approvals for
bl.lliard 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 Distrlct, except as exempted
under section 3.
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SECTION 7. Exemptions. 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). ThlS 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 ln Section 5, the approved 360 seat
restaurant located at 1201 Third Street Promenade shall be
permitted to be divlded into a maXlmum of four separate food
service establishments with up to four on-sale alcohol licenses,
provided the establishments are contalned in the buildings located
at 1201-1211 Third street Promenade, none of the four restaurants
contaln more than 200 seats, and the total number of seats does not
exceed 360. ThlS 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 lts adoption, unless extended in the manner
required by law.
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SECTION 9. 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 this Ordinance.
SECTION 10. Ordinance Number 1691{CCS) is hereby repealed.
SECTION 11. If any section, subsection, sentence, clause, or
phrase of this Ordinance 1S 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 w1thout regard to whether any portion
of the Ord1nance would be subsequently declared invalid or
unconstitutional.
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SECTION 12. The Mayor shall slgn 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:
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MARSHA (JIOUTRIE
city Attorney
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Adopted and approved this 31st day of May, 1994
&1, ~f
;Jrayor
I hereby certIfy that the foregomg Ordinance No. 1746 (CCS) was duly and regularly
adopted at a meeting of the City CouncIl on the 31st day of May, 1994, by the followmg
CouncIl vote'
Ayes Councllmembers Abdo, Genser, Greenberg. Holbrook, Olsen,
Rosenstem, Vazquez
Noes Councilmembers: None
Abstam Councilmembers None
Absent Councllmembers None
ATTEST
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City Clerk