SR-6-B (87)
~ 68
~"
'"
'>J -
~N OCT 1 7 1995
CA:f:atty\muni\strpts\mhs\bayalc.6
City Council Meeting 10-17-95 Santa Monica, California
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
INTRODUCTION
At its meeting on October 10, 1995, 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
- 68
OCT 1 7 1995
-------=--- ~ --
.
"
CA:f:muni\laws\mhs\bayalc.6 Santa Monica, California
City Council Meeting 10-17-95
.
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. Findinqs and PurDose. The City council finds and
declares:
(a) At its August 11, 1992 city council meeting, the ci ty
Council held its first public hearing regarding the establishment
of a Bayside District zoning district ("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 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
.
...
review under the California Environmental Quali ty Act (I' CEQA II) .
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
..
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 N11tn her 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 subj ect 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
~
result. In May 1994 the Council adopted Ordinance Number 1.746 (CCS)
amending Ordinance Numher 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
Commission has reviewed and made recommendations regarding the
Bays ide 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
.
.
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
.
.
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. Applicability. The provisions of this Ordinance
apply only to applications for projects 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 ADprovals. Approval of all new
al.cohol or food serving establ.ishments to be l.ocated 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 serving Establishments and On-Sale
6
.
.
Alcohol Outlets. The Planning Commission and City staff are
directed to dtsapprove 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 establishlnents 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, o 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
~
~
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
I
.
may have a Type 41 (On-Sale Beer and Wine) or Type 47 (On-Sale
General) AlcohoJ: 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. 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). 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
..
.
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 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 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
,
possibility that multiple fires following a future earthquake will
exceed the available resources of the Fire Department if built-in
fire suppression systems are not required; and
WHEREAS, the city Council finds that the damaging effects of
local seismic activity on streets, roadways and overpasses at the
Santa Monica freeway will hamper and delay emergency vehicle
response; and
WHEREAS, the city of Santa Monica'S climate, which is
primarily influenced by the Pacific Ocean, is characterized by
infrequent rainfall and winds which come from west during the
daytime and from the north and northeast during the nighttime
hours, with intermittent Santa Ana winds occurring from September
to March, all of which creates the potential for high velocity
winds with high temperatures, which are conducive to uncontrolled
wind driven fires; and
WHEREAS, the structures in the City of Santa Monica are
situated in close proximity to each other, with only about 1% of
the 8.3 square miles that the City occupies vacant; and
WHEREAS, the city Council finds that the close proximity of
structures to each other, many of which are on narrow lots or on
hilly terrain, limits access to side yards for fire suppression and
placement of ladders for rescue operations, increasing the threat
2
.
. tJ~
Mayor
State of Cahforma )
County of Los Angeles) 5S
CIty of Santa MOllIca )
I, Mana 1\1 Stewart, CIty Clerk of the CIty of Santa MOllica, do hereby certIfy that the foregoIng
OrdInance No 1820 (CCS) had Its first readIng on October 10, 1995 and had 11s second read11lg
on October 17. 1995 and was passed by the folloWIng vote
Ayes CouncIl members Abdo, Ebner, Genser, Greenberg, Holbrook, O'Connor,
RosensteIn
Noes CouncIl members None
Abstam CouncIl members None
Absent CouncIl members None
ATTEST
\... ..~~~
CIty cterk