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COUNCIL MEETING: 12/10/85
Santa MonIca, CalIfornIa
TO:
Mayor and CIty CouncIl
FROM:
CIty Staff
SUBJECT: RecommendatIon to DIrect CI ty Attorney to Prepare an
Emergency OrdInance ExtendIng Alcohol CUP OrdInance
INTRODUCTION
This
staff
report
recommends
that OrdInance
l3l9,
WhICh
establIshed a CondItIonal Use PermIt RequIrement for new and
varIOUS eXIstIng alcohol-servIng bUSInesses, be extended for one
ye:H to January 1, 1987, so that such uses WIll contInue to be
subJect to a CUP requIrement.
BACKGROUND
On November 13, 1984, the CIty Council adopted OrdInance 1319
(copy attached) WhICh establIshed Interim regulatIons pertaInIng
to new and varIOUS eXIstIng alcohol-servIng bUSInesses. The
ordInance wlll expIre on January l, 1986, unless extended by
CounCIl actIon.
WI thIn the next year, staff antICIpates propOSIng refInement of
standards regulatIng alcohol uses and adoptIon of a permanent
ordInance. In the InterIm, extenSIon of the ordInance IS needed
to contInue to regulate alcohol outlets.
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BUDGET/FINANCIAL IMPACT
No budget or fInanCIal Impacts are antICIpated.
RECOMMENDATION
It IS respectfully recommended that the CIty Council dlrect the
CIty Attorney to prepare an emergency ordInance for Council
actIon on December l7, 1985.
Prepared by: D. Kenyon Webster, SenIor Planner
CIty PlannIng
Communlty and EconomIC Development Department
Attachment: OrdInance l3l9
alcohext
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Clty Councll Meetlng 11-13-84 Santa Monlca] Californla
ORDINANCE NUMBER 131g
(City Councll Series)
AN ORDINANCE OF THE CITY COUNCIL
OF THE CITY OF SANTA MONICA
ESTABLISHING AN INTERIM CONDITIONAL USE PERMIT APPROVAL
PROCESS FOR NEW AND EXISTING ALCOHOL-SERVING BUSINESSES
THE CITY COUNCIL OF THE CITY OF SANTA MONICA DOES ORDAIN
AS FOLLOWS:
SECTION 1. Flndlngs and PurDose.
The Clty Councll flnds and declares:
(a) Recent emplrical studles demonstrate that there 1S
a complex 1nterrelat1onshlp between the avallab1llty of
alcohol, the consumption of alcohol, and resultIng commun1ty
problems, such as public drunkenness, drunk drlvIng] trafflc
acc1dents, vlolent crIme] nOlse, and nUlsance.
(b) The
Clty
of
Santa
Monica
contaIns
an
aVerconcentratlon
of alcohol outlets at whIch alcoholIC
beverages are sold on prem1ses.
The number of total actIve
retall alcohol outlets in the C1ty has lncreased 1n recent
years.
(c) In addltIon to tradlt10nal alcohol outlets such as
bars, restaurants] llquor stores] and supermarkets, a varlety
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of new types of alcohol outlets are beginning to appear or are
being proposed In Santa Monica and other communities.
(d) There
is
continUing and increasing community
concern over the proliferation of alcohol outlets In the city,
as eVident from the Main Street Plan, the PIca Ne1ghborhood
Community Plan, and the Land Use and Circulation Elements of
the C1ty's General Plan.
There 1S a current and 1mmediate
threat to the publiC health, safety, and welfare, and the
uncondlt1onal approval of addlt10nal alcohol outlets would
result 1n a threat to publlc health, safety, and welfare.
(e) While the Issuance of liquor licenses
IS the
exclUSive province of the State,
local
Jurisdictions are
perm1tted to establ1sh reasonable controls and condlt1ons on
the locatlon of alcohol outlets.
(f) The C1ty should study several alternatIve permanent
controls on alcohol outlets, 1n consultat1on w1th commun1ty
and
industry
representatives.
Pend1ng
such permanent
measures,
it 1S necessary to establ1sh an 1nterlm control
measure that Will permIt the CIty to revlew and approve new
alcohol outlets on a case by case baSIS and to cond1tlon that
approval based on the speCIfIC type of alcohol outlet,
neIghborhood location, and potentIal problems lnvolved.
SECTION 2.
ConditIonal Use PermIt ReqUired
Upon the effectIve date of thIS Ordlna~ce, no person
shall establish a new bUSIness or use dIS?ens~ng, for sale or
other consIderat1on,
alcohol1C beverages,
IncludIng beer,
Wlne, malt beverages,
a~d dIstllled SplrIts for an-slte or
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off-sIte consumptIon without first obtaIning a Conditional Use
Permit from the City of Santa MonIca as set forth in Santa
MonIca MunICIpal Code SectIon 9148,
and as more specifIcally
set forth hereIn.
EXIstIng alcohol outlets shall also obtain
a ConditIonal Use PermIt except where the premises either
retaIn the same type of retaIl lIquor lIcense wIthin a license
claSSIfIcatIon
or
the
lIcensed
premIses are operated
contInuously wIthout substantIal change
In mode or character
of operatIon
Examples of a substantial change In mode or
character of operatIon Include, but are not lImIted to, a 10%
Increase In the floor area of the premises, a 25\ Increase In
the shelf area used for the dIsplay of alcoholIC beverages, Or
a 25% Increase In the number of seats in any restaurant WhICh
serves alcoholIC beverages.
SECTION 3.
InterIm Procedure.
(a) The CIty PlannIng CommiSSIon,
or the CIty CounCIl
on appeal,
shall have the authorIty to approve the use of a
lot or parcel In the CIty for a bUSIness or use dIspenSIng,
for
sale
or
o~her conSIderatIon,
alcoholIC beverages,
Including beer, WIne, malt beverages,
and dIstIlled spirIts
for
on-SIte
or
off-SIte
consumptIon.
In grantIng a
condltlonal use permIt}
the Planning CommISSIon)
and City
CounCil on appeal shall follow the procedures set forth In
Santa Monica MunICIpal Code SectIon 9148.
(b) In makIng the findings requ1red pursuant to Santa
MonIca MunICIpal Code SectIon 9148B3} the PlannIng CommISSIon,
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or CIty CouncIl on appeal, shall consIder whether the proposed
business or use will:
(1) Adversely affect the welfare of neIghborhood
reSIdents.
(2) Contribute to an undue concentration of
alcohol outlets in the area.
(3) DetrImentally affect nearby reSIdentIally
zoned neIghborhoods consIdering the distance of the alcohol
outlet to residentIal buildings, churches, schools, hOspItals,
playgrounds, parks, and other eXIsting alcohol outlets.
(c) The PlannIng CommISSIon, or City CouncIl on appeal,
may grant the ConditIonal Use PermIt SUbJect to those
conditions
as may be necessary to
ensure that the orooosed
. .
business or use:
(1) Is compatible With eXisting and pcten~lal uses
Within the general area.
(2) That traffiC and parking congestIon WIll not
result.
( 3 )
That the pUblIC health,
safety, and general
welfare are protected.
(4) That no harm to adJacent prO?ertles WIll
result.
(5) That the ObJectIves of the Master Plan are
secured.
(d) Whenever an applIcation for a conditIonal use
permit has been filed pursuant to thIS OrdInance, and In
addition to the publIC notIfIcation reqUIred In Santa MonIca
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MunicIpal Code Section 9148B2b, the PlannIng Department shall
also cause to be notIced resIdential and commercIal tenants
withIn 500 feet of the exterIor boundaries of the property,
neighborhood organIzatIons, and other organIzations requestIng
such notIfIcatIon.
SECTION 4.
ExemptIon.
The ZonIng AdmInIstrator shall have the authorIty to
grant an exemptIon from the prOVISIons of thIS OrdInance for
restaurants or -bona fIdeu pUblIC eatIng places which offer
for sale or dIspense for conSIderatIon alcoholIC beverages
IncludIng beer or WIne
InCIdental to meal serVIce.
The
exemptIon
shall
be approved In wrItIng by the ZonIng
Admlnlst~ator and shall be SUbJect to the rIght of appeal to
the PlannIng CommISSIon as prOVIded In Santa MonIca MuniCIpal
Code SectIon 9145C3. The exemptIon shall only be approved If
the ap?lIcant agrees In wrItIng to comply WIth the follOWIng
crIterIa and condItIons:
(a) The premIses concalns a kItchen or food-serVIng area
In WhICh a varIety of foed IS prepared and cooked on the
pre~lses
(bJ The prImary use of the premIses IS for SIt-down
serVIce to patrons
(c) The premIses serve food to patrons durIng all hours
the establlshment IS open for customers
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(d)
The prem1ses only serve alcohol
In a dln1ng area
and not In a separate alcohol serVIng faCIlity or area that 1S
separate from the dinIng area.
(e) Adequate seatIng arrangements for s1t-down patrons
are provided on the premIses not to exceed a seating capaclty
of 50 persons.
(f) Any take out serVIce 15 only incldental to the
prImary SIt-down use and does not
Include the sale or
dIspenSIng for cons1deratIon of alcoholic beverages or beer or
WIne.
(g) No alcoholIC beverages or beer or WIne are sold or
dIspensed for consumption beyond the premIses.
(hl No danCIng or lIve en~ertaInment IS permItted on
the premIses.
SECTION 5.
EXOlratlon.
ThIS ordInance shall remaIn In effect untIl January 1,
1986,
after WhICh tIme It shall be of no further effect and
shall be deemed repealed.
SECTION 6.
ApplIcabIlIty of the ZonIna Cede.
The regulatIons of thIS OrdInance are In addItIon to
those set forth
in the ZonIng RegulatIons of ArtIcle IX
Chapter 1 of the Santa Monica MuniCIpal Code and do not confer
any rights not otherWIse granted under the prOVISIons and
procedures contalned In saId Chapter.
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SECTION 7.
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
B.
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
competent jurIsdIctIon,
such deCISIon shall not affect the
valIdIty of the remaInIng portIons of the ordInance
The CIty
CounCIl hereby declares that It would have passed thIS
ordInance and each and every sectIon, subsectIon, sentence,
clause, or ph~ase not declared InvalId or unconstItutional
WIthout regard to whether any portIon of the ordInance would
be subsequen~ly declared InvalId or unconstItutIonal
SECTION 9.
The Mayor shall SIgn and the CIty Clerk
shall a~test 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.
The ordInance
shall become effectIve after 30 days from Its adoptIon.
APPROVED AS TO FORM:
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R03ERT ~ MYERS <J .
CIty fI.ttorney
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Adopted and approved thIS 13th day of November 1984.
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Mayor
I hereby cer ti fy that the foregoing Ord Inance No. 1319 (CCS)
was duly and regularly introduced at a meetIng of the CIty
Council on the 23rd day of October 1984j that the sa~d Ordl~ar.ce
was thereafter duly adopted at a meetIng of the CIty CouncIl on
the 13th day of November 1984 by the following CouncIl vote:
Ayes:
Councllmembers:
Conn, Epstein, je~nlngs, Reed,
Zane and Mayor Edwards
Noes: Councllrnembers:
None
Abstain: Councllmembers:
None
Absent: Councilmembers:
?ress
AT'1ES7:
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