SR-6-C (25)
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CA:RMM:11243jhpc
City Council Meeting 10-27-87 Santa Monica, California
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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
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CA:RMM:11244/hpc
City Council Meeting 10-27-87 Santa Monica, California
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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
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. . , required to obtaitll development permit purs~t to section 4 of
Ordinance Number 1321(CCS). In addition, after 3,500 new theater
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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.
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. 4Itf any section,
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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:
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ROBERT M. MYERS '
city Attorney
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Adopted and approv~his ber, 1987.
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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:
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city Clerk
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