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SR-8-B (131)~~ ~ ~.f~~ ~ LtTTM; PPD : PB : SF : DM ~~-~ U k~ 1 J ~:::] w/extend Council Meeting: June 15, 2993 Santa Mflniea, California TO: Mayor and City Council FROM: City Staff SUBJECT: Recommendation to Introduce for First Reading an Ordinance Extending the Prohibition on the Establishment of Game Arcades and the Limitation on the Number of Alcohol and Food Serving Establishments in Speci.fied Portions of the C3 and C3C Districts. INTR~DUCTION This report recommends that the City Council canduct a public hearing and introduce for first reading an extension to the Interim Ordinance establishing li~nitations on the creation of game arcades and the number of alcohal and food serving establishments in the Bayside District Sgecific Plan area. BACKGROUND In August a~ 1992 the City Council directed staff to prepare an rnterim Ordinance which would prohibit the creation of game arcades and impase limitations on the total nvmber of alcohol outlets and eating establishments in the Bayside District. At the September 15, 1992 City Council meeting, the Council conceptual~y approved the Draft Bayside District Specific Plan, directed staff to proceed with an Environmental Impact Report on the draft Specific Plan, and adopted an ordinance to prohibit game arcades and iimit the number of alcohol and food serving establishments per block (Attachment A). The existing Interim Ordinance will expire September 11, 1993 unless extended by the Cauncil. The EIR for the draft Bayside District Specific Plan is ~~ - 1 - ~,l~ ~i~ .~i ~ i.;,~:: being prepared by Michael Brandman and Associates, and should be before the Planning Commissian in October of this year. Whi1e the ~xisting Ordinance does not expire until September, staff is recommending that the Council adopt the extensian now in order to address issues relating to three specific projects as deseribed below. Therefore, staff is recommending that Council introduce for first reading the attached Ordinance which will extend the Interim Ordinance for 18 months, until January of 1995 (Attachment B). DISCUSSION The provisions of the proposed Ordinance relating to the numbers of food serving establishments and alcohol outlets are identical to the existing Ordinance in terms of the number of establishments permitted per block. However, far the purpose of clarity, staff has combined Section 5(Limit On on-Sale Alcohol Outlets) and Section 6(Limit on Food Serving Establishments) inta one section, Limit on Food Serving Establishments and On-Sale Alcohol Outlets. Also, to clarify what staff believes to be the Council's intent, staff is recommending a change in the Ordinance language. The existing Ordinance places a limit an the number of faad serving establishments without alcohal per block, and a separate l~mit on the number of food serving establishments which sell alcahol. As an example, the existing Ordinance states: Block Five: Food serving establishments which also sell alcohal: 10. Food serving establishments which do not sell alcohoi: 6. ~ 2 - By defining the two types af establishments separately, if the quota for non-alcahol serving establishments was met, and the quota for alcohol s~rving establishments was not met, a non-alcohal serving restaurant wauld not be allowed to fill one of th~ alcohol related locations. Therefore, staff is recommending that the ~rda.nance language be modified to read as follows: Block Five: Food Serving Establishments: 16, 10 of which may have a Type 41 (On-Sale Beer arsd Wine) or Type 47 (On-Sale General) Alcahol License. Type 48 (On-Sale General for Public Pre~nise) Alcohol License: 0. Other an-Sale AlcQh~l License Types: 0. With the recommended modification, Block Five can have a total of sixteen food serving establishments, and ten af the sixteen may also serve alcohol. If anly five of the sixteen chose to servE alcohol, that would still be consistent with the Ordinance. Since the adoption of the existinq Interim Ordinance, staff has been made aware vf three potential issues that Council may chase to address in the Ordinance extensian. One is related to the new Souplantation restaurant at 1333 Second Str~et. The restaurant operators hope ta have an additiona~ alcohol outlet added to Block 8 sa that the restaurant can obtain a Type 41 {Beer and Wine) alcohol license. If the Councii decides to do this, Section 5(h) of the praposed Ordinance would need to be modified to read as follows: (h) Block Eight: Food Serving Bstablishments: 3, 3 of which may hava a Type 41 (On-Sale Beer and Wine) or Tyge 47 ~ 3 - (On-Sale General) Alcohol Licenses. Type 48 {On-Sa1e General for Public Premise) Alcohol Licenses: 0. Other On-Sale Alcohol License Type: 0. Staff does not have a recomm~ndation on this issue and would advise the Cauncil to consider the issue basad an the restaurant operatvr's arguments. The second issue is related to the "Eurapa" project on the southeast corner of Wilshire Boulevard and Third Street Promenade. The project develaper has approval for a 360 seat restaurant with a Type 47 alcohol license. Over the past year, the developer has expressad an interest in dividing the one large 350 s~at restaurant into up to four smaller establishments. Under the pravisions of the Ordinance, since there can only be a certain number of restaurants per block, the one restaurant cannot be divided. If the Council decides to modify the Ordinance to accommodate this change, rather than increase the number of faod ser~ing establishments and alcohal outlets on that block, staff recommends that a provisian be added to the exemption sectian of the Ordinance, so that the allowance would only apply to the Europa proj~ct, in the event that the approved 360 seat restaurant is divided. There has been substantial testimony before the Planning and City Counci~ that the larger restaurants are more likely ta have management problems associated with the sale of alcoholic beverages. Therefore, ailowing the develaper to split the 360 seat restaurant seems appropriate. Should the Council chaose to include this pravision, staff recommends the follawing language be added to - 4 - Section 7(Exemptions) of the Ordinance: Notwithstanding the limitations an food serving establishments and alcohol outlets set forth in Section 5, the approved 360 seat restaurant located at 1241 Third Street Promenade sha~l be permitted to be divided into a maximum of four separate food service establishments with up to four on-sale alcohol licenses, provided the estab~ishments are located within the area of the building located at 1201 Third Street Promenade, and pravided the total number of seats daes not exceed 360. This exemption does not affect the require~ent to obtain any other City per~its, incZuding, without limitation, Conditional Use Permits or alcohol exemptions for the sale of a~cohol at the individual food service establishments. This language is consistent with the Council's direction on the Bayside District 5pecific Plan update. The third issue is related to the number of food ser~ice establishments and alcohol outlets located in Block Six of the District. When the original Ordinance was adopted and the numbers were established, staff believed that the p~rmits for the restaurant at 304 Santa Monica Bou~evard had expired. However, a restaurant operator had obtained the appropriate permits to maintain the rights for a food serving establishment with a Type 41 alcohol license, and a restaurant is currently under construction at that location. The number in the current Ordinance relating to the number of food serving establishments in Block Six (18) is adequate to account for 304 5anta Monica _ ~ _ Boulevard. However, the number of alcohol outlets (11) would have ta be increased to 12 in order to accommodate the additional establishment. If the Council decides to do this, Sectian 5(f) of the proposed Ordinance would need to be modified to read as fol~ows: (f) Block Six: Food Serving Establishments: 18, 12 of which may have a Type 41 {On-Sale Beer and Wine) or Type 47 (On-5ale General) Alcahol License. Type 48 (On-Sale General far Public Premise) Alcohol Licenses: 0. Other On-Sale Alcohol License Type: 0. Since the estab~ishment at 304 Santa Monica Boulevard has valid permits, this change to the Ordinanca would not represent an increase in the number of food serving establishments or alcohol outlets in the Bayside District. in ordar to make tha proposed Ordinance consistent with what actually exists in Block Six, staff recommends that the Council adopt the Ordinance with the above modificatian. BIIDGET~FISCAL IMPACT The recommendation in this report does not have any budget or fiscal impact. RECOMMENDATION It is recommended that the City Council intrQduce for first reading the attach~d Ordinance extending the prohibition on game arcades and the limitations on the number of food and alcohal servinq establishments in the Bayside District, and consider the possibie modifications to the Ordinance as described above. - 6 - Prepared by: Paul Berlant, Director of LUTM SuzannQ Frick, Planning Manager David Martin, Associate Planner Land Use and Transportation Management Department Pragram and Policy Development Divisian Attachments: A. Map of Bayside District B. Proposed Ordinance ~ 7 - ~ 1 1~7 ~1 1L Yl ~1 Y 1 ~[ 1 ~~r+i^ r^ w-+~ ~r rm fr- w~ i i~~-r~ ~-rr....^ i+~w -- - - - - ~--------- ~ ~~~~ ~ ~ ' ~ '~'~'~ ~ BLOCK C3IVF ~ -- BLpC'.K '1'WU I3LOC=K THREE ~ ~.. ~ 4TH S7~E~T ! ~~ - ..------r-~----~----~- ~~ ~ - ~~~ ~ ~ f ~ i~~~~~ ~a~~~~- ~ i3LOCK F4UFt ~ B~OC:K k'IVE ~ BLUCK STX °n w -- -. - THIfiD ~ ~ S~'f~~ET ~ ~PROMEI~AD~ ~ .~ . ~ ~ ~ F3I~OCK S~;V'~~N ~ 2ND ST~REL'-T ~ H AT.,OCK NTNE ~ ocE~r~ av~rvu~ ~~~ ~~ ~~~ a ~ ~~ ~'~ ~ ^ ~ ~ ~ O ^ Q ~ O U v . I BAYSIDE D1STR~CT F~gure ~ SPEClF~G PLAN BAYSiDE D1STRICT SPEC~FIC PLAN PROJ~CT AREA "°"~ s~~~~ o aoo aoa 6ao ~ H ~ C] ~ ~ ~ ~3 ~ ~ !11 1 ~~1 11Y~,~~ ~ ORDINANCE NUMSER ~City Council Series) AN ORDINANCE OF THE CITY CQUNCIL OF THE CI'~Y OF SANTA MONICA ~ROHIBITING GAME ARCAD~S AND ESTABLISHING LIMITATIONS ON THE NUMAER OF ALCOHOL AND FDOD SERVING ESTABLISI~iENTS IN SPECIFIED PORTIONS OF THE C3 AND C3C DISTRICTS ON AN INTERIM $ASIS 'FHE CITY COUNC~L OF THE C~TY OF SANTA M~NICA DOES 4RDAIN AS FOI,LOWS : SECTION 1. Findinqs and Purpose. ~'he City Council finds and declares: (a) At its August 11, 1992 City Co~nei~ raeeting, the City Cauncil held its first public heara:ng regarding ~he establishment af a Bayside District zoning district {"District") which wil~ encainpass portions o~ ~he current C3 and C3C zoning districts. (b) At the same meetinq, the City Council considered the adoption o~ the Bayside District Specific P~.an which, amor~g other th~ngs, proposes ].~.mi~s on ~he number of alcohol and food serving establ~shments which will he allowed in the District, and would proh~bit entirely the establishment of new game arcad~s. (c) F~rther action is needed by the City Council to establish the Bayside Distric~ zaning district and to adopt the Bayside D~.str~c~ Speczfic PZan, including eo~p~etivn of envirar~mental review under the California Environmental Quali~y Act ("CEQA"). ~rther, the City Council will consider at a later meeting the adopt~an af specif~c zoninq ardinances regula~ing permitted uses and property development standards in ~he District cansistent wi~h 1 the Specific Plan_ (dy If current dEVelopment activity is al~aw~d to continue in the District pending such final approval, uses incompatible with the proposed Bayside Distric~ Specific Plan and zoning o~dinance implem~ntation wili occur. (e~ ~ending the es~ablishment af the Bayside Districf and adoption of changes to the zoning ardinance implemen~inq the prov~s~ons of ~h~ Bayside D~s~rict Specific Plan, to grotect the public heaZth, safety, and welfare. it is necessary to ~imit the number of aicohol ana food serv~ng establzshments zn the District and to prohibit ~ses incompatible with the p~oposed Specifie Plan and ~mplementing ordinances on an interim basis. {f) The City wishes to limit the numbar of alcohal and food serving estab~.ishments as a way to contro~ the recent proliferation of such establishments ~n ~he area and also to encourage other types af uses. Because of the proliteration of a~.cohol and faod serving estab].ishments, there ex~.sts a current and immediate threat to the public health, satety, or we].~are, and the approval of add~tional administratave approvals, dev~lopment review permits, cond~.tional use permits, or any other applicab~e entitlemen~ for ~se in the District ~.ncompatible wi~h the standards of this interim ordinance would result in a threat to public health, safety, or welfare. (q) At the September I5, ~992 City Council meeting, the City Counci~ concep~ually appraved the Draft Sayside District Specific Plan, directed staff to proceed wkth an Environmental Impact Report 2 on the Draft Specif~c Plan, and adopted Ordxnance 1649 (CCS) on an emergency basis to prohibit game arcades and establish Iimitations on the number of alcohol and food serving estabiishments in a portion o~ the C3 and C3C districts on an interim basis. (h) Fol~owzng the adoptian of Ordinance 1644~CCS} creating a 45 day moratorium, at the October 27, 1992 City Cvunci2 meetinq the City Council adopt~d Ordinance 1655(CCS), which ex~en.ded the inter~m ardinance creating limitations on food servinq establ.ishments and alcohol outlets. Since the October 27, 1992 Czt}~ Counc~l meeting, staff has contracted with Michael Brandman Associates to prepare the Environmental Impact Report. Unless extended by City Council, this Ordinance wili e~sp~re September 11, 1993. An extens~an of this Ordinance a.s necessary because of the cu.rrent and immediate threat ~a the public health, safe~y, or welfare deser~.bed above. SECTION 2. Definitions. The followinq words or phrases as uses a.n this Ordznance shall have the following meanings: Black One: ~`hat area bounded by W~ishire BouJ.eva=d on ~he north, Ar~zona Avenue an ~he south, Fourth Court Atley on the east, and Mall Court East on the west. Block Two: That area bounded by Arizona Avenue on the noxth, Santa Mon~ca Boulevard on the south, Faurth Court Alley on the east, and Ma~l Court East on the west. Block Three: That area bounded by Santa Monica Boulevard on the narth, Broadway on the south, ~o~rth Court Alley on the east. 3 and Ma~l Co~rt Eas~ an the west. Block Four: That area bounded by Wilshire Bouievard on the north, Arzzona Avenue on the sou~h, Mall Court East on ~he easr, and Mall Court West an the west. Block F~ve: That area bounded by Arizona Avenue on the north, Santa Mon~ca Boulevard on ~he south, Ma~l Court East on the east, and Mal~ Court West on the west. Bloek S~x: That area bounded by Santa Manica Boulevard on the north, Broadway on the south, Mall Court £ast on th~ east, and Mall Co~rt West on the west. B~ack Seven: That area bounded by Wilshire Boulevard on the north, Arizona Avenue on the south, Mal~ Court West on the east, and First Court A].3.ey or~ thE west. Block Eight: That area bounded by Arizona Avenue on the north, Santa Moni.ca Bou].evard 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 nor~h, Broadway on ~he south, Mall Court West on the east, and Fa.rst Court A~.ley ~n the west, Food Servinq Establishment: Any res~aurant, includ~ng, without l.zmitation, any drive-through or driv~-in restaurant, fast- food or takE-out restaurant, or sidewalk cafe, and any use which includes i,ncidental food service. For purposes o~ this Ordinance, a bar sha~l no~ be considered a food serving establishment. Propased Bayside District: That area bounded by Wilshire Baulevard on the north, Broadway on the south, Fourth Court Alley 4 on the east, and Firs~ Court A11ey on the west. SECTION 3. Applicability. The provisions of thas Ordinance apply only to applications ~or projects ~o be located in the Proposed Bayside Dis~r~c~, and only to pro~ects the apglicatian for which was f~led after Augus~ 11, 1992. Any project which has received a conditional use permit, ad,ministrative approva~, or a~cohol ~xemp~ion determination on or before September 15, 1993 shall be exempt from the provisions of this Ordinance. SECTION 4. Adnainistrative Approvals. Approval o~ all new alcohol or food serving establishments to be Iocated in the Proposed gayszde District which do no~ otherwise require ~he issuance of a ~onditional use permit, alcohal ex~mption d~termxnation, or d~velopment rev~ew permi~, shal~ rEq~ire the issuance of an adminzstrative approval. Far purpas~s o~ this Ordinance, an establishment shall be considered a new alcohol or food serv~ng establishment if the prior aicohol or food serving ~stablishment at that site has ceased aperation of a continuous pexiod of s~x months or Zanger. SECT~4N S: Limit an Food Servin~ Establishments and On~Sale Alcahal Outlets. The Plann~ng Commission and Czty staff are directed to disapprove all requ~sts for the issuance of administrat~ve approva~s, development review permits, condi~ional 5 use perm~ts, alcoho~ exemption determinations, or any flther City approvals for food servznq estab~ishments or on-sale a~cohoi outlets, if the grant~nq of such approval would cause the number of foad serv~ng establishments or an-sale alcohol autlets on the block on which the project ~s located tio exceed the foilowing limita~ions: (a} Block one. Foad Serving Establishments: 1, 0 of which may have a Type 41 (On-Sale Heer and Wine} or Type 47 {On-Sale General) Alcohal License. Type 48 (On-Sale General for Public Premise) Aleohol License: 0. Other On-Sale A].cohal License Typ~s: 0. (b) Block Two. Food Serving Estabiishments: 2, 2 of which r~ay have a Type 41 (~n-Sale Beer and Wine) ar Type 47 (On-Sa~~ General} Alcohal License. Type 48 (On-Sale Gen~ral far Publzc Prem~se) A~cohol License: 0. Other On-Sale AJ.cohol License Types: 0. tc) Block Three. Food Serving Establishments; 7, 7 of which anay have a Type 4~ (On-Sale Beer and Wine) or Type 47 {On-SaJ.e G~neral) Alcohol License. Type 98 (On-Sale General for Public Premise) Alcohol License: 0. 4ther On-SaZe AlcohoJ. L~.cense Types: 0. (d) Biock Four. Food Serving Establishments: 18, 10 of which ~ay have a Type 4~ (On-Sale Beer and Wine) or Type 47 (On- Saie General) Alcohol License. Type 48 (On-Sa].e GeneraI. for Public Premise) Alcohol License: 0. Other On-5ale Alcvhol License Types: 0. 6 (e} Block Five. Foad Serving Establishments: 16, 10 of which may hav~ a Type 9I (On-Sale Beer and Wine) or Type ~7 (On- Sale Generaly A~cohol License. Type 48 (On-Sale General for Public Premise} Alcohol L~cense: ~. Other On-Sale Alcohol License Types: Q. (f} Block Six. Faod Serving Establi.shments: 18, 11 af which may hav~ a Type 41 {On-Sale Seer and Wine? or Type 47 (On-Sale General) Alcohol Lice~se. Type 4$ (On--Sa~e General for Public Premise) Alcohol License: 0. Oth~r On-Sale Alcohol Lacense Types: ~. (q) Block Seven. Foad Serving Establishments: 3, 2 af which may have a Type 41 (On--Sale Beer and Wine) or Type 47 (Qn-Sa~.e General} Alcohol License. Type 4B (4n-SaJ.e Gene~al ~or Public Premise) Alcohol Lzcense: 0. O~her On-Sale Aicohol License Types: ~. {h) Block Eight. Food Serving Establishments: 3, 2 of which may have a Type 41 (On-Saie Beer and Wine) or Type 47 (On--Sale General} Alcohol License. Type 48 tOn-Sale General for Pub~ic Prem~se) Aicahqi License: 0. Other On-Sale A~cohol License Types: a. _~) BJ.ock Nine. Food Serv~.ng Establishments: 8, 7 of which may have a Type 41 ~On-Sa~e Beer and Wine) or Type 97 ~On-Sa1.e General) A~cohol License. Type 4S ~On-Sale General for Public Premise) Alcohol License: 0. Other On-Sale Alcoho3. License Types: 4. 7 SECTION 6. Game Arcades. The Planning Commission and City staff are directed ta disapprove all ~equests for the issuance of build~ng perm~~s, adm~nistrative approvals, development review perm~ts, conditional use perm~ts, or any other City approva~s for b~lliard parlors, gam~ arcades, other electronic amusements incl~ding dynamic mot~an simuiators and virtual reali~y simuiators, and uses wh~ch, zn the ~udgement of the Planning Director are sim~lar, in the Praposed Bays~de Dis~rict, except as exempted under Section 3. SECTION 7. Exemptions. Notw~thstand~ng the limitations on food serving estab~ishments and alcoho~ outlets set forth in Section 5, one food serving establishmen~ operated by a non-pratit organiza~ion shall be permztted on the west side of the 130d block of Second Street {Block 8}. This estab~ishmen~ shaxl bs open to th~ public, sha~1 not have alcohol service, and sha11 operate as a ~ob ~raining center for persons seekzng future emp~oyment in food- serving estabZishmen~s. SECTZON 8. This Ord~nance shall be of no further force or effect 1$ months from its adaption, unless extended ~n th~ manner required by ~aw. SECTION 9. Any provision of the Santa Monica Municipal Code or app~ndiees thereto incansistent wzth the proviszons of this Ordinance, to the ex~ent of such inconsistencies and no ~urther, 8 are hereby repealed or modified ta that ex~ent necessary to affect the provisions af this Ordznance. SECTION 14. Ord~nance 1655(CCS) is hereby repealed. SEC~ION 11. If any section, subsection, sentence, c~ause, or phras~ of this Ordinance is for an~-reason held to be invalid or unconstitutiona~ by a decision Qf any court of any campetent ~urisdict~on, such decision sha~~ not affect the validity of the remaining portions of this Ordinance. The City Council hereby declares that zt would have passed this 4rdinance, and each and every sect~on, subsec~ion, sentence, clause, or phrase not dec~ared invalid or uncanstitutianal w~thour regard ta whether any portion of ~he Ordinance would be subsequently declared invalid or unconst~~ut~onal. 9 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 a~ter its adoption. This Ordinance shall become eEfect~ve 30 days after zts adopt~on. APPROVED AS '~0 FORM: ~~ ~ , - - J SE~I~ LAWKENCE ~ ct~.ng C~.ty Attarney wp/marext 10