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1986, unless earlier repealed by the City Council.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.
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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
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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}~
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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
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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.
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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.
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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
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