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CA:RMM:lld393jhpc
city council Meeting 3-28-89
Santa Monica, California
ORDINANCE NUMBER 1471 (CCS)
(City Council Series)
AN ORDINANCE OF THE CITY COUNCIL OF THE
CITY OF SANTA MONICA AMENDING SANTA MONICA MUNICIPAL
CODE SECTION 9023.7 TO ALLOW A FIFTH RESTAURANT
ON BLOCK 6 OF MAIN STREET AND TO PROHIBIT
NEW RESTAURANTS ON MAIN STREET
THE CITY COUNCIL OF THE CITY OF SANTA MONICA DOES ORDAIN AS
FOLLOWS:
SECTION 1. Section 9023.7 of the Santa Monica Municipal
Code to read as follows:
SECTION 9023.7.
Special proj act
Design
and
Development
standards.
proj ects in the CM District shall comply
with the fOllowing special project design
and development standards.
(a) First floor uses must be
"public
invited."
A public
invited
establ ishment is one that permi ts 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 appointment
only, or because a reception area or other
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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.
(e) Second floor retail uses which
must be 11 community oriented." For
purposes or this Section, "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 limited to two
restaurants per block (unless otherwise
specified in this Section) (a block being
both sides of Main street and the adjacent
sides of adjoining side streets).
Portions of Main street to be designated
"Block" for the purpose of this Section
are:
Block 1:
Block 2:
Block 3:
Block 4:
Block 5:
South city Limits to
Marine street.
Marine street to Pier
street.
Pier to Ashland.
Ashland to Hill.
Hill to Ocean Park.
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Block 6:
Block 7:
Block 8:
Block 9:
Block 10:
Block 11:
It
Ocean Park to Hollister
(5 restaurants permitted
in this block).
Hollister to Strand.
Strand to Pacific.
Pacific to Bicknell.
Bicknell to Bay.
Bay to pico.
No new restaurants shall be
permitted on Main street until the City
council determines that a review of the eM
District has been completed. For purposes
of this Section, a "new" restaurant shall
include any restaurant not already in
operation or approved by the Planning
commission prior to January 10, 1989, with
the exception of a restaurant located at
2510 Main Street. The prohibition against
"new" restaurants shall not apply to
changes in ownership of restaurants
already in operation or approved by the
Planning Commission prior to January 10,
1989, except as otherwise provided in
subsection (h).
Restaurants with more than 50 seats,
restaurants with a substantial take-out
business, and any second-floor restaurant
use will require a Conditional Use Permit.
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(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
this Section, "bars" are def ined as
establishments with "public premises"
liquor licenses 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.)
Conditional Use Permits are required for
all bars.
(f) In structures housing mixed
commercial and residential uses, parking
above the first floor shall be allowed.
(g) Other sections of this Chapter
notwithstanding, the following
requirements shall apply to establishments
with live entertainment or other loud
music for which a building perIni t or use
permit is sought after October 10, 1980:
1. Exterior wall and window
construction must be to a minimum STC
rating of 45, as determined by the ASTM or
other similar accepted industry standard.
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2.
Exterior
doors
and
doorways:
a. Doors must be solid
core or mineral filled.
b. Doors must be
gasketed to provide a seal at head, sill,
and jamb.
c. Main entrance must
contain an "acoustic lock" or other
equivalent "sound trap."
d. The intent of this
Section is to require an establishment
providing entertainment or loud music to
contain the resulting noise within its
walls to the greatest extent possible.
(h) Notwithstanding specific
special references contained hereinl the
provisions of subchapter 4N are not meant
to apply to:
1. Uses in existence on
October 10, 1980, regardless of changes of
ownership, unless the use is intensified
by a floor area addition of more than 15
percent or by other substantial
intensification, such as the introduction
of regularly scheduled entertainment,
except that there may be no more than an
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incidental increase in the service area
floor space of bars and restaurants.
2 . Changes in use which
result in a use permitted in this
Subchapter that is less intense than the
current use.
Existing uses shall count toward the
total number of bars and restaurants
permitted within the District. A
currently existing use shall be considered
no longer existing if that use is
voluntarily changed or is abandoned for a
period of one year.
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 valid1ty 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 inval id or unconstitutional without regard to whether
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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:
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ROBERT M. MYERS
city Attorney
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Adopted and approved this 28th day of March, 1989.
f) 9{ Jor
I hereby certify that the foregoing Ordinance No. 1471(CCS)
was duly and regularly introduced at a Meeting of the City
Council on the 7th day of March 1989; that the said ordinance was
thereafter duly adopted at a meeting of the city Council on the
28th day of March 1989 by the following Council vote:
Ayes: Councilmembers: Finkel, Jennings, Katz, Reed,
Mayor Zane
Noes: Councilmembers: Abdo, Genser
Abstain: counci1members: None
Absent: Councilmembers: None
ATTEST:
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