O2153
f:\atty\muni\laws\barry\promenadeordchanges22d. doc
City Council Meeting 3-8-05 Santa Monica, California
ORDINANCE NUMBER 2153 (CCS)
(City Council Series)
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
SANTA MONICA AMENDING SANTA MONICA MUNICIPAL CODE SECTION
9.04.08.15.080 TO ELIMINATE THE NUMERICAL CAP ON RESTAURANTS IN THE
BAYSIDE DISTRICT AND ON THE PROMENADE AND TO EXPAND THE TYPES OF
ESTABLISHMENTS THAT CAN CONDUCT ALCOHOL SALES IN THE BAYSIDE
DISTRICT SUBJECT TO A CONDITIONAL USE PERMIT; ADDING SECTION
9.04.10.18.050 TO ALLOW NEW RESTAURANTS WITH ALCOHOL SERVICE IN
SPECIFIED BAYSIDE DISTRICTS TO BE ADMINISTRATIVELY APPROVED RATHER
THAN REQUIRING A CUP; AND AMENDING SECTIONS 6.36.030 AND 6.36.090 AND
ELIMINATING SECTION 6.36.070 TO EXPAND THE VENDING CART PROGRAM IN
THE CITY SUBJECT TO A CITY LICENSE AGREEMENT
WHEREAS, the City has taken extensive efforts to maintain the unique character
and mix of uses on the Third Street Promenade in the Bayside District; and
WHEREAS, over the years, market forces have threatened the mix many times
and the City has responded to preserve the Promenade's unique character through
adoption of the Bayside District Specific Plan and adoption of laws and policies which
promote the general welfare by maintaining the Promenade's eclectic character; and
WHEREAS, on November 27, 2001, the City Council adopted an interim
ordinance regulating the concentration of ground floor retail uses on the Promenade by
limiting the total linear footage and square footage of retail on each block; and
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WHEREAS, the City Council established a Promenade Uses TaskForce to study
the Promenade issues, to seek feedback and input from the community, and to make
recommendations to the City Council regarding the appropriate mix of uses on the
Promenade; and
WHEREAS, the Task Force met regularly beginning in May 2002 and completed
its work in March 2003, during which time it considered goals and objectives for the
Promenade and the Downtown, reviewed relevant City policies and regulations, and
conducted community workshops; and
WHEREAS, the Task Force prepared a series of recommendation for review by
the City Council, include recommendations which require amendment of the text of
Santa Monica Zoning Ordinance; and
WHEREAS, on June 10, 2003, the City Council reviewed the recommendations
of the Task Force and directed staff to prepare a work plan for implementation of the
Task Force recommendations; and
WHEREAS, on September 9, 2003, the City Council reviewed the proposed work
plan, which included a series of proposed amendments to the City's zoning and
planning regulations, including the Zoning Ordinance; and
WHEREAS, the City Council also adopted Resolutions of Intention directing the
Planning Commission to review and make recommendations on the Zoning Ordinance
and Bayside Specific Plan changes associated with the Task Force recommendations;
and
WHEREAS, the proposed ordinance would eliminate the numerical cap on
restaurants in the Bayside District and expand the types of alcohol sales subject to a
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conditional use permit; and expand the vending cart program subjecting such carts to a
license agreement; and
WHEREAS, the Planning Commission conducted a public hearing and
considered the proposed Zoning Ordinance and Specific Plan amendments on April 14,
2004 and again on May 19, 2004; and
WHEREAS, the Planning Commission supported the proposed Zoning
Ordinance amendments with the exception that the Commission recommended that the
restaurants seeking to serve alcohol continue to be required to obtain a CUP with an
expedited review process; and
WHEREAS, the City Council held a public hearing on the proposed text
amendment on June 22,2004 and October 12, 2004; and
WHEREAS, the proposed Zoning Ordinance text amendment is consistent in
principle with the goals, objectives, policies, land uses and programs specified in the
adopted General Plan, specifically, Land Use Element Objective 1.3, which reinforces
Downtown as the focus of the City, supporting the greatest concentration of activity, in
that the amendment supports the creation and retention of restaurants as a key element
in concentrating activity in the Downtown; Land Use Element Policy 1.3.1 which
encourages the concentration of land uses and activities Downtown which create
activity in both the daytime and evening hours, in that the amendment supports the
creation and retention of restaurants which support activity during the daytime and
evening; Land Use Element Policy 1.3.2 which makes Downtown a primary location for
uses that encourage street activity after normal business hours, in that the amendment
supports the creation and retention of restaurants which provide outdoor dining areas
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that enliven the streets during evening hours; and Land Use Element Policy 1.4.1 which
concentrate comparison retail use and other complementary uses, such as restaurants,
on or near the Third Street Promenade, in that the amendment supports the creation
and retention of restaurants on the Third Street Promenade; and
WHEREAS, for the reasons detailed above, the City Council finds and declares
that the public health, safety, and general welfare require the adoption of the proposed
text amendment in that the amendment would provide for the continued diversity and
vitality of the Third Street Promenade, a primary retail, restaurant and entertainment
destination for Santa Monica residents, businesses, and visitors,
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SANTA MONICA
DOES HEREBY ORDAIN AS FOLLOWS:
SECTION 1. Santa Monica Municipal Code Section 9.04.08.15.080 is hereby
amended to read as follows:
Section 9.04.08.15.080 Limitations on food uses
and alcohol outlets.
(a) The total number of alcohol establishments in
the BSC District shall be limited to fifty. For purposes of this
Section, fast-food food courts shall be counted as one
alcohol outlet, even though individual tenants within a fast-
food food court may be required to obtain separate permits
in order to obtain an on-sale alcohol license.
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SECTION 2. Section 9.04.10.18.050 is hereby added to the Santa Monica
Municipal Code to read as follows:
Section 9.04.10.18.050 BSC-1 Exemptions.
Restaurants or "bona fide" public eating places in the
BSC-1 portion of the BSC District which offer alcoholic
beverages including beer or wine incidental to meal service
shall be exemptfrom the provisions of this Part 9.04.10.18
only if the applicant agrees in writing to comply with the
following criteria and conditions:
(a) The primary use of the premises shall be for
sit-down meal service to patrons. Alcohol shall not be
served to persons except those intending to purchase meals.
(b) If a counter service area is provided, a patron
shall not be permitted to sit at the counter unless the patron
is ordering a meal in the same manner as patrons ordering
meals at the table seating. The seats located around the
counter service area cannot be used as a waiting area
where patrons may drink before being seated or as a bar
where beverages only are served.
(c) Window or other signage visible from the public
right-of-way that advertises beer or alcohol shall not be
permitted.
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(d) Customers shall be permitted to order meals at
all times and at all locations where alcohol is being served.
The establishment shall serve food to patrons during all
hours the establishment is open for customers.
(e) The establishment shall maintain a kitchen or
food-serving area in which a variety of food is prepared on
the premises.
(f) Take out service shall be only incidental to the
primary sit-down use.
(g) No alcoholic beverage shall be sold for
consumption beyond the premises.
(h) Except for special events, alcohol shall not be
served in any disposable containers such as disposable
plastic or paper cups.
(i) No video or other amusement games shall be
permitted on the premises.
U) No dancing is permitted. Live entertainment
may only be permitted in the manner set forth in the Section
9.04.02.030.730.
(k) Any minimum purchase requirement may be
satisfied by the purchase of beverages or food.
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(I) The primary use of any outdoor dining area
shall be for seated meal service. Patrons who are standing
in the outdoor seating area shall not be served.
(m) The operation shall at all times be conducted in
a manner not detrimental to surrounding properties by
reason of lights, noise, activities or other actions. The
operator shall control noisy patrons leaving the restaurant.
(n) The permitted hours of alcoholic beverage
service shall be 9:00 a.m. to 12:00 midnight Sunday through
Thursday, and 9:00 a.m. to 1 :00 a.m. Friday and Saturday
with complete closure and all employees vacated from the
building by 1 :00 a.m. Sunday through Thursday, and 2:00
a.m. Friday and Saturday. All alcoholic beverages must be
removed from the outdoor dining area no later than 12:00
midnight. No after hours operation is permitted.
(0) No more than 35 percent of total gross
revenues per year shall be from alcohol sales. The operator
shall maintain records of gross revenue sources which shall
be submitted annually to the City of Santa Monica Planning
Division at the beginning of the calendar year and also
available to the City of Santa Monica and the California
Department of State Alcoholic Beverage Control (ABC) upon
request.
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(p) Prior to occupancy, a security plan shall be
submitted to the Chief of Police for review and approval.
The plan shall address both physical and operational
security issues.
(q) Prior to occupancy, the operator shall submit a
plan for approval by the Director of Planning regarding
employee alcohol awareness training programs and policies.
The plan shall outline a mandatory alcohol-awareness
training program for all employees having contact with the
public and shall state management's policies addressing
alcohol consumption and inebriation. The program shall
require all employees having contact with the public to
complete an ABC-sponsored alcohol awareness training
program within 90 days of the effective date of the
exemption determination. In the case of new employees, the
employee shall attend the alcohol awareness training within
90 days of hiring. In the event the ABC no longer sponsors
an alcohol awareness training program, all employees
having contact with the public shall complete an alternative
program approved by the Director of Planning. The operator
shall provide the City with an annual report regarding
compliance with this requirement. The operator shall be
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subject to any future Citywide alcohol awareness training
program affecting similar establishments.
(r) Within thirty (30) days from the date of
approval of this exemption, the applicant shall provide a
copy of the signed exemption to the local office of the State
ABC.
(s) Prior to occupancy, the operator shall submit a
plan describing the establishment's designated driver
program, which shall be offered by the operator to the
establishment's patrons. The plan shall specify how the
operator will inform patrons of the program, such as offering
on the menu a free non-alcoholic drink for every party of two
or more ordering alcoholic beverages.
This exemption shall only be valid if approved in
writing by the Zoning Administrator.
SECTION 3. Santa Monica Municipal Code Section 6.36.030 is hereby amended
to read as follows:
Section 6.36.030 Exemptions.
The provisions of this Chapter shall not apply to:
(a) Any approved participant in any farmer's market;
(b) Any approved participant in any cultural arts and
crafts show (pursuant to Chapter 6.44);
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(c) Any vendor operating pursuant to or under the
authority of an approved license agreement;
(d) Any approved participant in any special event
authorized by the City;
(e) Any individual vending newspapers, leaflets,
pamphlets, bumper stickers or buttons;
(f) Any individual or organization that vends the
following items which have been created, written, composed
or otherwise produced by the vendor: books, cassette tapes,
compact discs, paintings, photographs or any other item that
is inherently communicative and has nominal utility apart
from its communication.
SECTION 4. Santa Monica Municipal Code Section 6.36.070 is hereby deleted
in its entirety.
SECTION 5. Santa Monica Municipal Code Section 6.36.090 is hereby amended
to read as follows:
Section 6.36.090 Vendor location sites.
No person issued a vendor permit pursuant to this
Chapter shall vend in any location in the City except in
connection with vending from vehicles, such as catering or
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ice cream trucks, on any street designated in the vendor
permit or on private property.
SECTION 6. 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, is hereby repealed or modified to that extent necessary
to effect the provisions of this Ordinance.
SECTION 7. 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 this Ordinance. The City Council hereby declares that it would
have passed this Ordinance and each and every section, subsection, sentence, clause,
or phrase not declared invalid or unconstitutional without regard to whether any portion
of the ordinance would be subsequently declared invalid or unconstitutional.
SECTION 8. 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 after its adoption. This Ordinance shall become
effective 30 days from its adoption.
APPROVED AS TO FORM:
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Approved and adopted this 8th day of March, 2005.
State of California )
County of Los Angeles ) ss.
City of Santa Monica )
I, Maria M. Stewart, City Clerk of the City of Santa Monica, do hereby certify that the
foregoing Ordinance No. 2153 (CCS) had its introduction on February 22, 2005, and
was adopted at the Santa Monica City Council meeting held on March 8, 2005, by the
following vote:
Ayes: Council members: Mayor Pro Tem Katz, Bloom, Genser, Holbrook,
McKeown, Shriver
Noes: Council members: None
Abstain: Council members: None
Absent: Council members: Mayor O'Connor
ATTEST:
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