O1425
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CA:RMM:rmd429/hpca
City Council Meeting ll-lQ-87
Santa Monica, California
ORDINANCE NUMBER 1425(CCS)
(City council Series)
AN ORDINANCE OF THE CITY COUNCIL OF THE
CITY OF SANTA MONICA AMENDING THE COMPREHENSIVE LAND
USE ORDINANCE BY AMENDING SECTION 9119B OF
THE SANTA MONICA MUNICIPAL CODE TO ALLOW HOTELS AS
A CONDITIONALLY PERMITTED USE IN CERTAIN SPECIFIED
AREAS OF THE "CM" MAIN STREET SPECIAL
COMMERCIAL DISTRICT
WHEREAS, an application for a text amendment to the zoning
Ordinance was filed with the Planning Department in connection
with a proposed project located at 3105-3109 Main street, which
would permit the Planning Commission, or the city Council on
appeal, to approve uses consistent with the Land Use Element but
prohibited by the existing Zoning Ordinance pursuant to the
Conditional Use Permit process; and
WHEREAS, notice of the time, place, and purpose of hearing
on the proposed text amendment before the Planning commission was
duly published in the Santa Monica Evening Outlook on August 29,
1986; and
WHEREAS, the Planning Commission held a publ ic hearing on
the proposed text amendment on September 8, 1986; and
WHEREAS, the Planning commission made its findings- and
recommendations
in writing on september
B,
1986,
duly
transmitting such findings and recommendations to the applicant
and to the city Council; and
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WHEREAS, the City council considered the findings and
recommendations of the Planning Commission in connection with the
proposed text amendment at its meeting on January 27, 1987, and
directed the City Attorney to prepare an ordinance adopting the
text amendment; and
WHEREAS, notice of the time, place, and purpose of hearing
on the proposed text amendment before the city Council was duly
published in the Santa Monica Evening Outlook for one week prior
to the public hearing on October 27, 1987,
NOW, THEREFORE, CITY COUNCIL OF THE CITY OF SANTA MONICA
DOES ORDAIN AS FOLLOWS:
SECTION l.
section 9119B of the Santa Monica Municipal
Code is amended to read as follows:
SECTION 9119B. Uses Permitted. The
following uses are permitted in the "CM"
Main Street Special commercial District:
1.
Residential
uses,
except
motels, hotels, and hostels, are permitted
above the first floor.
2. Any of the following uses if
conducted within an enclosed building in
accordance with the special conditions set
forth in section 91l9B4:
a.
Retail
stores
and
offices.
b. Antique and second-hand
stores.
c. Banks.
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developing.
d.
e
Bakery.
Bicycle shop.
Delicatessen.
Dressmaker.
Drug store.
Feed or fuel store.
Film exchange or
e.
f.
g.
h.
1.
j .
k.
Florist,
and
flower,
plant nursery.
1. GYmnasium, dance studio.
m. Ice-cream store (retail
ice cream only, no seating).
n. Laundry, laundromat, dry
cleaners.
clinics
or
o. Medical
laboratories.
and dental
(Laboratories
permitted above the first floor only.)
p. Pet store, taxidermist.
q. Print or publishing shop.
r. Plumbing shop.
s. Repair shops for
household equipment.
t. Theaters and auditoriums
with fewer than 75 seats.
u. Upholsterer's shops.
v. Wholesale stores where
pUblic is invited.
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w. Restaurants with fewer
than 50 seats. (See Section 91l9B4d.)
x. Such other uses as the
Zoning Administrator may find to be
similar to those listed above and not more
obnoxious to surrounding property.
3. Any of the following uses upon
issuance of a Conditional Use Permit under
the provisions of Section 9l48:
a. Automobile repair and
service.
b. Restaurants with 50 seats
or more. (See Section 9119B4d.)
c. Bars. (See Section
91l9B4e. )
d. Fast-food and take-out
establishment. (See Section 9119B4d. )
e. Business college.
f. Catering business.
g. Hotels and hostels (not
motels) of less than 80 rooms, only north
of Bay Street or in the area bounded by
Marine Street, Neilson Way, the south City
limits, and Second street.
h. Liquor store in which
more than 50 percent of the display area
is devoted to alcoholic beverages.
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i. Music conservatories and
instruction.
j. Sign painting.
k. Trade schools.
l. Theaters and auditoriums
with more than 75 seats.
m. Any single occupancy or
contiguous, integrated use in excess of
8,600 square feet of floor area.
n. Any single occupancy or
contiguous, integrated use in excess of 75
feet of ground-floor Main street frontage.
o. Any existing use wishing
to add regularly scheduled entertainment
for which there would be inadequate
parking.
4.
special Restrictions.
Uses
permitted in the "eM" District shall
comply
with
the
following
special
restrictions:
a. First floor uses must be
"public
invited"
establishments.
A
"public invited" establishment is one that
permits entry for the purpose of doing
business to the public generally. An
establishment does not lose its public
invited character because the business may
be transacted by appointment only, or
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because a reception area or other internal
barrier is interposed between the public
and business offices.
b. First floor retail or
restaurant uses may extend to a mezzanine
level not exceeding 40 percent of the
first floor area.
c. Second floor retail uses
must
be
"community
oriented. II
For
purposes of this Section,
II community
oriented" is defined as those uses which
provide commercial goods likely to be
consumed on a regular basis in the normal
life of the adjoining community.
d. Restaurants are 1 imi ted
to two restaurants per block unless
otherwise specified in this Section (a
block being both sides of Main Street and,
where appl icable, the adj acent sides of
adjoining side streets). Portions of Main
street to be designated IIBlocks" for the
purpose of this Section are:
Block 1 : South Ci ty Limits
to Marine street.
Block 2 :
Marine street to
Pier street.
Block 3:
Pier street to
Ashland.
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Block 4: Ashland to Hill
street.
Block 5: Hill street to
Ocean Park.
Block 6: Ocean Park to
Hollister (4 restaurants permitted in this
block).
Block
7:
Hollister
to
strand.
Block 8: Strand to Pacific.
Block 9: Pacific to Bicknell.
Block 1.0 :
Bicknell to Bay
street.
Block 1.1.: Bay Street to Pico
Boulevard.
Restaurants with more than
fifty (50) seats, restaurants with a
substantial take-out business, and any
second floor restaurant use will require a
Conditional Use Permit. (Restaurants are
defined as establishments serving a
variety of unpackaged foods prepared on
site for consumption.)
e. Bars may not exceed seven
in number south of Ocean Park Boulevard
nor five in number north of Ocean Park
Boulevard.
No bars shall be located on
any Main street corners. (For purposes of
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e
Section,
e
bars
are
defined
as
establishment
with
"public
premises"
liquor licensees and restaurants with a
liquor serving facility that is physically
separate from the dining area and is
regularly
operated
during hours
not
corresponding to food service hours.)
Condi tional Use Permits are required for
all bars.
5. Prohibited Uses. The following
uses are specifically prohibited in the
"CM" District:
a. Bars above the first
floor.
b. Billboards.
c. Billiard parlors and pool
halls.
d. Bowling alleys.
e. Drive-in or drive-through
uses.
f. Game arcades.
g. Motels.
h. Retail uses above the
second floor.
i. Restaurants above the
second floor or on the second floor of a
site
where
there
is
an
existing
restaurant.
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j. Sex-oriented uses.
SECTION 2.
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 3.
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 any 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 4. 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 after 30 days from its adoption.
APPROVED AS TO FORM:
fl.v-i~ v--
ROBERT M. MYERS
City Attorney
~
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I hereby certify that
Adopted and appr
------.....
Mayor
was duly and regularly
Ordinance No. 1425(CCS)
a meeting of the ci ty
council on the 27th day of October 1987~ that the said Ordinance
was thereafter duly adopted at a meeting of the City Council on
the lOth day of November 1987 by the following Council vote:
Ayes: Councilmembers:
Jennings, A. Katz, H. Katz, Reed,
Mayor Conn
Noes: Councilmembers:
Finkel, Zane
Abstain: Councilmembers:
None
Absent: Councilmembers:
None
ATTEST: J"_
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