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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
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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.
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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
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(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
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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
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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.
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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
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BAYSIDE D1STR~CT F~gure ~
SPEClF~G PLAN BAYSiDE D1STRICT SPEC~FIC PLAN
PROJ~CT AREA "°"~
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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
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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
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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.
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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
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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
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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.
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(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.
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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,
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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.
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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:
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J SE~I~ LAWKENCE
~ ct~.ng C~.ty Attarney
wp/marext
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