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O1425 e e 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 - 1 - e e 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. - 2 - e 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. - 3 - e e 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. - 4 - e e 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 - 5 - e e 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. - 6 - e . 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 - 7 - this 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. - 8 - e e 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 ~ - 9 - e e 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"_ ... '" ~.:-::_-- {2v,~-fJ ~~~;_~-. City - Cl~z:k.::":-.:: . :-: - - -- ..- -... _.....r __ "- ........,,/. .to - - - - oJ -, .