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sr-102384-8b`ACT 2 3 1984 CA:RMM:SSS:sssalco City Council Meeting lU"-23-84 Santa Monica, California STAFF REPORT TO: Mayor and City Council FROM: City Attorney SUBJECT: Ordinance Requiring Conditional Use Permit for New Alcohol Outlets INTRODUCTION On February 28, 1984, the City Council directed the City Attorney to prepare an ordinance requiring all new alcohol outlets to obtain a conditional use permit (CUP). In response to this direction, the accompanying ordinance has been prepared and is presented for City Council consideration. BACKGROUND At the February 28, 1984, meeting, the City Council discussed a comprehensive report prepared by the Planning Department on the City's powers .to regulate alcohol outlets. The City Council approved an in-depth study of permanent control measures and, as an interim measure, directed the preparation of an ordinance. ANALYSIS OF TAE ORDILSANCE The proposed interim ordinance would require a conditional use permit for new businesses or uses that dispense alcoholic beverages for on-site or off-site consumption. The CUP caould be processed under the existing 1 OCT 2 3 1984 procedures of Municipal Code Section 9148; fees would be assessed under Municipal Code Section 9151. The ordinance requires, in addition to the public notification required for all CUP applications, notification to residential and commercial tenants within 50~" feet of the exterior boundaries of the property and to neighborhood organizations representing the area or requesting such notification. The proposed ordinance includes a "grandfather" exception for ongoing alcohol outlets which maintain the same type of ligour license and do not substantially chance the mode or character of operation. The proposed ordinance also authorizes the Zoning Administrator to approve an exemption from the CUP requirement for bona fide restaurants which provide alcohol in conjunction with meals. In accordance with City Council direction, the proposed ordinance does not apply to transfers of liquor licenses of the same retail classification from one person to another. The ordinance would remain in effect until January 1, 1986, unless earlier repealed by the City Council. It has been determined that the adoption of the proposed ordinance is exempt from the California Environmental Quality Act because it can be seen with certainty that the adoption of the ordinance will not possibly have a significant effect on the environment. 2 RECOMMENDATION It is respectfully recommended that the City Council introduce the accompanying ordinance for first reading. Prepared byo Robert M. Myers, City Attorney Stephen 5. Stark, Assistant City Attorney Jonathan S. Horne, Deputy City Attorney 3 GA:RMM:ihard U"itx~ Council Meeting 10-23-84 Santa i°tnica; {~alifornia ORDINANCE NUMBER tGit~1 Council Series) AN ORDINANCE OF THE GITY COUNCIL OF THE GITY OF SANTA MONICA ESTABLISHING AN INTERIh1 CONDITIONAL USE PERMIT APPROVAL PROCESS FOR NEG7 AND EXISTING ALCOHOL-SERVINta BUSINESSES THE CITY COUNCIL OF THE CITY OF SANTA h10NiCA DOES ORDAIN AS FGLLOCJS' : SECTIOhI 1. Findings and Purpose. The CitS~ Council finds and declares: Ca) Recent emairir_al Studies demonstrate that there is a comnle:; interrelationship between the availabilit3~ of alcohol, the consumption of alcohol, and resulting communittia problems, such as public drunkenness, drunk driving, traffic accidents, violent crime, noise, and nuisance. (b7 The Cite of San+.a Monica contains an oVerconcentration of alcohol outlets at which alcoholic beverages are sold on premises, The number of total active retail alcohol outlets in the Cit+~ has increased in recent nears, tc7 In addition to traditional alcohol outlets such as bars; restaurants, liquor stores; and supermarkets, a variet}~ 1 of new t~,~nes of alcohol outlets are beginnir:g to appear ar are being prnpased in Santa Monica and other communities. (d; There is continuing and inr_reasing community concern aver the proliferation of alcohol outlets in the cit,.a, as evident from the Main Street Plan, the Pico Meighbarhood Communit~.~ Plan, and the Land Use and Circulation Elements of the City's General Plan. There is a current and immediate threat to the public health, safety, and welfare, and the unconditional approval of additional alcohol outlets would result in a threat to public health,, safety, and welfare. te) i~hile the issuance of liquor Licenses is the exclusive province of the State, local jurisdictions are permitted to establish reasonable r_ontrols and conditions on the locatian of alcohol outlets. tf) The City should study several alternative permanent controls on alcohol outlets, in consultation with community and irdus+ru representatives. Pending such permanent measures, it is necessary to establish ar. interim control measure that caill permit the City to review and approve new aloohol outlets on a case by case basis and to condition that approval based on the specific type of alcohol outlet, neighborhood locatian, and potential problems involvsd. SECTIr3N 2. Conditional Use Permit Rer~uired. Upon the effer_tive date of this Ordinance, no person shall establish a new business or use dispensing, for sale or other r_onsideration, alcoholic beverages, including beer, wine, malt beverages, and distilled spirits for or.-site ar ry aff-site consumntion without first obtaining a Conditionai Use Permit from the Gity of Santa "ianir_a as set forth in Santa Monica Muniaipal Code Section 9146, and as mare snecificall+,~ set forth herein. Existing alcohol outlets shall also obtain a U"ondi-tional Use Permit except cahere the premises either retain the same type of retail liquor license within a license classification or the licensed premises are operated cantinuausly withaut substantial change in roods or character of operation. Examples cf a substantial change in mode ar 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 dl5play of aicahalic beverages, or a 25~ increase in t'ne number of seats in any restaurant which serves alcoholic beverages. SECTICIN 3. Interim Procedure. (a) The City Planning Cammission, or the City Council on appeal, shall have the authority to approve the use of a lot or parcel in the Gity for a business ar use dispensing, for sale or other consideration, alco}-ialic beverages, including beer, wine, malt beverages, and distilled spirits for on-site or aff-site consumntion. In granting a conditional use permit, the Planning C:OTnmisslOn, and City Council on appeal shall follaw the prcaedures set forth in Santa Monica Municipal Cade Section 9148. Cb`1 In makir~g the findings required pursuant to Santa Monica Municipal Code Section 9146 H3, the Planning Cammission, ar City Council on appeal, shall consider whether the pronased business or use will: C17 Adversely affect the welfare of neighborhood residents i27 Contribute to an undue concentration of alcohol outlets in the area, C3) Detrimentally affect nearby residentially zoned neighborhoods considering the distance of the alcohol outlet to residential buildings, churches, schools, hospitals, playgrounds, Barks; and other existing alcohol outlets, Cc7 The Planning Commission, or City Council an appeal, may grant the Conditional Use Perm i± subiect to those conditions as may be necessary to ensure that the proposed business or use; (1) Is compatible with existing and potential uses within the oeneral area. C2) That traffic and parking congestion will not result. C3) That the public health, safety; and general caeifare are protected. t~l) That no harm to adjacent properties will result. C57 That the objectives of the i~iaster Plan are secured. (d) G7henever an application for a conditional use permit has been filed pursuant to this Ordinance, and in addition to the gublic notification required in Santa Monica a Municipal Code Section 5248B2b, the Planning Department shall also cause to be noticed residential and cammerr_ial tenants within S~t7 feet of the exterior boundaries gf the prnpert;aJ neighborhood organizations, and other organizations requesting such natification, SECTI~hJ 4. Exemption. The Zansnq Rdministrator shall have the authority to grant an exemption from the provisions of this +Jrdinance for restaurants ar "bona fide" public eating places rahich offer for sale or dispense for consideration alcoholic beverages includino beer or wine inr_idental to meal service. The exemption shall be approved in writing by the Zoning Rdministrator and shall be subject to the right of appeal to the Planning Commission as provided in Santa Manica Municipal r"ade Section 91~SC3. The e:<emptian shall cnly be approved if the applicant agrees in writing to comply with the follgwing criteria and conditionst Ca) The premises cgntains a kitchen or food-serving area in which a variety of Toad is prepared and cooked on the gremises. Cb) The primary use of the premises is for sit-docan service to patrons. Cc) The premises serve food to patrons during all hours the establishment is open for customers. 5 td) The premises anly serve alr_ohol in a dining area and not in a separate alcohol serving facilit+;~ ar area that. is separate Pram the dining area. te) Adequate seating arrangements for sit-down patrons are provided on the premises not to exceed a seating capacit;~ of 50 ner.sans. Cf) Am1 take out service is only incidental to the primary sit-down use and does not include the sale or dispensing for consideration of alcoholic be~:erages ar beer or calve . Cg) No alcoholic beverages or beer or wine are sold or dispensed for consideration. for consumption beyand the premises. th) No dancing ar live entertainment is permitted on the premises. SECTION S, Expiration. This ordinance shall remain in effect until Januar+,~ 1, 7'385, after which time it shall be of no further effect and shall be deemed revealed, SECTIGN 6. Appliaabilitti~ of the Zoning Code. The reoulations of this Grdinanae are in additian to those set forth in the Zoning Regulations of Article Ii; Chapter 1 of the Santa Monica Municipal Cade and do not confer any rights not othercaise granted under the pro~~+isions and procedures contained in said Chapter. 6 SECTION ?, Rny provision n_f the Santa Monica Municipal Code or appendices thereto inconsistent with the ~ro~aisions of this ordinance, to the extent of such inconsistencies and no further, are hereby repealed or modified #.o that e.<tent necessary to affect the provisions of this ordinance. SECTION E. 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 pf competent jurisdiction, such decision shall not affect the validity of the remaining portions of the ordinance. The City Council hereb~,~ declares that it would have passed this ordinance and each and every section, subsection, sentences clause, or phrase not declared invalid or unconstitutional without regard to whether an;r portion of the ordinance would be subsequently declared invalid or unconstitutional. SECTION ~. The Mayor shall sign and the Citsa Clerk shall attest tp the passage of this ordinance, The City Clerk shall cause the same to be published once in the offir_ial newspaper within 15 days after its adoption, The ordinance shall become ef.er_tive after 3i1 days from its adoption. RPF'ROVEp RS TO FORM; s ~. Y ,., ROBERT ht . MYERS City Rttorney 7