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SR-6-C (25) · ~. · tt tt CA:RMM:11243jhpc City Council Meeting 10-27-87 Santa Monica, California t?-e STAFF REPORT oel 2 7 19t1 TO: Mayor and City council FROM: city Attorney SUBJECT: Ordinance Limiting New Cinema/Movie Theater Development to the Downtown Commercial (C3) Zone District At its meeting on October 13, 1987, the City Council introduced for first reading an ordinance limiting new cinema/movie theater development to the Downtown commercial (C3) Zone District. The ordinance is now presented to the City Council for adoption. RECOMMENDATION It is respectfully recommended that the accompanying ordinance be adopted. PREPARED BY: Robert M. Myers, city Attorney Laurie Lieberman, Deputy city Attorney {, -c. OC1 27 \S%l --- -- ---- .. . . I ' CA:RMM:11244/hpc City Council Meeting 10-27-87 Santa Monica, California . ORDINANCE NUMBER 1422{CCS) (City council Series) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA LIMITING NEW CINEMA/MOVIE THEATER DEVELOPMENT TO THE DOWNTOWN COMMERCIAL (C3) ZONE DISTRICT THE CITY COUNCIL OF THE CITY OF SANTA MONICA DOES ORDAIN AS FOLLOWS: SECTION 1. Findinqs and Purpose. The City Council finds and declares: (a) This ordinance is intended to provide substantive standards to be applied in administrative proceedings currently required pursuant to Ordinance Number l32l(CCS). (b) Pending completion of the city's new comprehensive zoning ordinance, the standards contained in this ordinance are important in ensuring that development be consistent with the General Plan. SECTION 2. New Cinema/Movie Theater Development. Notwithstanding Sections 2 or 4 of Ordinance Number l321(CCS), no development shall be approved pursuant to Ordinance Number 1321(CCS) for development of a new cinema/movie theater, unless one of the following findings is made in addition to those findings required by Ordinance Number 1321(CCS): (a) The proposed new cinema/movie theater is located in the C3 District. An applicant for such a project shall be - 1 - . . , required to obtaitll development permit purs~t to section 4 of Ordinance Number 1321(CCS). In addition, after 3,500 new theater ~ seats have been approved in the C3 District, an applicant for such a project shall be required to obtain a conditional use permit pursuant to Chapter 1 of Article IX of the Santa Monica Municipal Code. For purposes of determining when the 3,500 new theater seat limit has been reached, project applications deemed complete after April 28, 1987 shall be included subject to the following qualification. An application for a project involving the rehabilitation of the criterion Theater shall have 1,000 seats subtracted from the total number of seats in the project for purposes of determining when the 3,500 new theater seat total has been reached. (b) Notwithstanding Section 2 (a) of this Ordinance, if an application for development of a new cinema/movie theater project was deemed complete by the city on or before April 28, 1987, such project application shall not be subject to this Section. A subsequent application for a new cinema/movie theater project of reduced scope on the same site as an existing project application deemed complete on or before April 28, 1987, shall be deemed completed as of April 28, 1987. SECTION 3. Any provision of the 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. Resolution 6385 (CCS) is hereby repealed. - 2 - -- , . . 4Itf any section, , , SECTION 4. 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 the 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 5. 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. The ordinance shall be effective 30 days from its adoption. APPROVED AS TO FORM: : l...,-tL."..,7t hr-..... ~. - ROBERT M. MYERS ' city Attorney - 3 - . . . . . , ~ Adopted and approv~his ber, 1987. I \ ~ - I hereby certify th t the foregoing Ordinance No. 1422(CCS) was duly and regularly a meeting of the City Council on the 13th day of october 1987; that the said Ordinance was thereafter duly adopted at a meeting of the City council on the 27th day of October 1987 by the following Council vote: Ayes: Councilmembers: Finkel, Jennings, A. Katz, H. Katz, Reed, Zane, Mayor Conn Noes: Councilmembers: None Abstain: Councilmembers: None Absent: Councilmembers: None ATTEST: (2c-,( ~~ city Clerk -----