O1899
f \atty\muni\laws\barry\mainst
Crty Council Meeting 2-17-98
Santa Monica, California
ORDINANCE NUMBER 1899 eCCS)
(CIty Council Series)
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA
AMENDING SECTION 9 04 0828070 OF THE SANTA MONICA MUNICIPAL
CODE TO ESTABLISH A RESTAURANT SEATING LIMITATION OF
75 SEATS IN THE CM DISTRICT ON THE EAST SIDE OF MAIN
STREET NORTH OF OCEAN PARK BOULEVARD
WHEREAS, Mam Street is a umque commercial dIstnct that, due to Its lnstonc character and
beach proxImity, is a popular regional and tourist area, as well as a neighborhood servmg
commercIal distnct to the surroundmg South Beach and Ocean Park neIghborhoods; and
WHEREAS, the City CouncIl has adopted development standards that are intended to limit the
mtenSlty of commercial uses on Mam Street due to the district's close proximity to the residential
neighborhoods, and
WHEREAS, these development standards mclude limiting the number of restaurants m the
dIstrIct on a block by block basIS, allowmg only one restaurant per block on the east side of Mam
Street, north of Ocean Park Boulevard, linntIng the number of on-SIte alcohol outlets ill the dIstrIct,
and limiting the number of bars in the distnct; and
WHEREAS, due to continued sIgmficant neIghborhood concern regarding the need to protect
residents from the impacts asSOCIated with the Mam Street Commercial district, the CIty Councll on
August 26, 1997, dIrected staff to prepare a zomng text amendment estabhslnng a restaurant seatmg
lumt of 101 seats in Mam Street restaurants located north of Ocean Park Boulevard on the east side
of the street, and
WHEREAS, on November 19, 1997, the Planning CommIssion recommended approval of a
zoning text amendment whIch establishes a restaurant seanng hnnt of 101 seats in Main Street
restaurants located north of Ocean Park Boulevard on the east side of the street; and
WHEREAS. on February 10, 1998, the CIty Councd held a public hearing on the proposed text
amendment; and
WHEREAS. the CIty Councd finds and declares that the proposed text amendment IS consIstent
m prinCIple with the goals, objectives, policies, land uses and programs speCIfied m the adopted
General Plan m that Land Use Element Objecnve 1 2 states that the CIty must "ensure companbility
of adjacent land uses, WIth particular concern for protecting resldennal neIghborhoods" and Land
Use Element Pohcy 1 6.7 encourages a vanety of commercial uses on Main Street that serve both
reSIdents and tooosts, but requires that the "number and locanon of uses which may adversely affect
the adjoming neIghborhood such as hquor stores, bars and larger restaurants shall be lImited or
controlled to minimize adverse Impacts." The proposed amendment to the eM DIstrict specIal
project deSIgn and development standards to establIsh a 75 seat limit for restaurants located on the
east side of Main Street north of Ocean Park Boulevard prOVIdes an addInonal measure to ensure the
surroundmg residennal neIghborhoods are protected from impacts associated With larger restaurants,
mcludmg nOIse. parkmg and neIghborhood congestIOn, without unduly restrictmg commercial
activity on Main Street; and
WHEREAS. the CIty Council finds and declares that the public health, safety, and general
welfare require the adopnon of the proposed text amendment III that the proposed CM Distnct
amendment to establIsh a lImitatIOn of 75 seats for restaurants located on the east SIde of Main Street
north of Ocean Park Boulevard prOVIdes further protectIon to adjacent residentIal uses from impacts
associated with larger restaurants, mcluding noise, parkmg and neIghborhood congestIOn,
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SANTA MONICA DOES
HEREBY ORDAIN AS FOLLOWS
SECTION 1 Santa Moruca Municipal Code SectIon 9 04.08.28 070 is amended to read as
follows:
SECTION 9.04.08.28.070 Special project design and development standards.
Projects ill the CM District shall comply ",th the following special project deSign
and development standards:
(a) FIrst-floor uses must be pedestnan onented uses;
(b) Restaurants and bars are limIted to a total of two estabhshments per block
unless otherwIse specIfied m tlus Section. For purposes of this Section, an
establIshment may be a restaurant, a restaurant With a bar or a bar A restaurant with
a bar shall be considered one establIshment. A block IS defined as both sides ofMam
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. South CIty LImits to Manne Street
Block 2 Marine Street to Pier Avenue
Block 3: Pier Avenue to AsWand Avenue
Block 4: AsWand Avenue to Hill.
Block 5: HIll to Ocean Park Boulevard
Block 6: Ocean Park Boulevard to Hollister Avenue (total of 4 restaurants and
bars permitted m th1s block)
Block 7: Hollister Avenue to Strand.
Block 8' Strand to Pacific
Block 9 Pacific to BIcknell
Block 10 BIcknell to Bay.
Block 11 Bay to Pico Boulevard,
(c) North of Ocean Park Boulevard restaurants shall be sub] ect to the following
reqwrements:
(1) Only one restaurant on the east SIde of each block shall be permitted,
(2) Restaurants on the east side of each block shall be limited to a maxImum of
seventy-five seats per establishment,
(3) No more than two hundred seats per each block shall be penmtted, except that
no more than four hundred seats shall be permitted In Block 6.
(d) On-sale alcohol outlets may not exceed twelve ill number north of Ocean Park
Boulevard Of the twelve total on-sale outlets, no more than five shall have on-sale
general lIcenses,
(e) Bars may not exceed four in number south of Ocean Park Boulevard, nor two
ill number north of Ocean Park Boulevard;
(f) EXIsting uses and existing number of seats shall count toward the total
number of bars and restaurants and seating reqwrements permitted withIn the distrIct,
(g) An eXIsting use shall be considered no longer existing if that use is changed
to another type of use or If for a period of six months, such use has not been In
regular operatIon Regular operation shall be conSIdered bemg open for busmess to
the general publIc dunng such use's customary business hours,
(h) In structures housing ITIlXed commercIal and resIdentIal uses, parkmg above
the first floor shall be allowed.
(i) SIde yard walls up to ten feet m height may be permItted on parcels with
frontage on Second Street and wlnch abut resIdentIally zoned property on at least one
SIde yard on that portion of the parcel located wIthm seventy-five feet of Second
Street, subject to Zomng Administrator approval
(j) For all parcels with frontage on Second Street and whIch abut reSIdentIally
zoned property on at least one side yard, pedestrian and vehIcular access to all uses
located "'ltlun seventy-five feet of Second Street shall be from Main Street, except
for resIdentIal uses where access may be from Second Street.
(k) For all parcels with frontage on Second Street, and which abut resIdentially
zoned property on at least one SIde yard, on that portiOn of the parcel located withm
seventy-five feet of Second Street, new development shall mcorporate the following
design elements
(1) A landscaped buffer not less than five feet WIde shall be proVIded and
mamtamed along the entIre SIde yard adjacent to the reSIdentIally zoned property.
Landscaping m thIs area shall include one tree per every five lInear feet planted not
less than five feet apart and not less than five feet m heIght when planted.
(2) Any bmldmg courtyards or open publIc spaces shall Incorporate landscapmg
and bUIldmg materials deSIgned to mmImIze potentIal noise nnpacts
(3) BUIlding matenals shall be nonreflectIve and shall complement matenals
utIlIzed in the adjacent reSIdentIal neIghborhood
(4) Buildings shall be sIted to mirurmze nOIse impacts m the adjacent residential
neIghborhood
(5) In heu of the reqUIrements in thIS subsectIon (k), the ArchItectural ReVIew
Board may approve other buffering plans, deSIgns, and buildmg matenals that satisfy
the mtent of these reqmrements
SECTION 2. Any provIsion of the Santa Moruca MunIcIpal Code or appendices thereto
mconSIstent with the proviSIOns of this Ordinance, to the extent of such inconsIstencIes and no
further, IS hereby repealed or mochfied to that extent necessary to effect the provisions of thIs
Ordinance
SECTION 3. If any section, subsectIon, sentence, clause, or phrase of this Ordmance IS for any
reason held to be invahd or unconstItutIOnal by a deelSlon of any court of competent junsdictIon,
such deCIsion shall not affect the validIty of the remaImng portions of tlus Ordinance. The City
Council hereby declares that It would have passed tIns Ordmance and each and every sectIOn,
subsection, sentence, clause, or phrase not declared mvahd or unconstItutIOnal without regard to
whether any portIOn of the ordmance would be subsequently declared invahd 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
\vithm 15 days after Its adoption. This Ordmance shall become effectIve 30 days from Its adoption
APPROVED AS TO FORM:
f
MARSHA J
CIty Attorney
~
~/-:~~
Holbrook. Mayor
State of Cahforma )
County of Los Angeles ) ss
CIty of Santa Momca )
I, Mana M Stewart. CIty Clerk of the CIty of Santa Maruca, do hereby certIfy that the
foregomg Ordmance No 1899 (CCS) was mtroduced for fIrst readmg on February 10. 1998,
and was adopted on February 17. 1998 by the followmg vote
Ayes
CouncIl members
Ebner. Femstem. Genser, Greenberg, Holbrook.
O'Connor. Rosenstem
Noes
CouncIl members
None
Abstam
CouncIl members
None
Absent
Councd members
None
\.....
ATTEST
~~~
Mana M Stewart, CIty Clerk