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SR-8-C (27) . . CA:RMM:l1243/hpc City council Meeting 10-13-87 Santa Monica, California STAFF REPORT y-<! OCT 1 3 1987 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 June 30, 1987, the City Council directed the City Attorney to prepare an ordinance to accomplish several changes in local regulation regarding cinema/movie theater development. The City Council directed that an ordinance be drafted to provide that new cinema/movie theater projects are to be permitted only in the C3 District upon the issuance of a development permit. Existing cinema/movie theaters will be allowed to remain in their existing locations. If an application to build a new cinema/movie theater was deemed complete by the City on or before April 28, 1987, the project will not be subject to these new regulations as codified in Ordinance Number 1321 (CCS), nor will any application filed after April 28, 1987 for a new proj ect of reduced scope on the same site as a proj ect already deemed complete by the city by April 28, 1987. The accompanying ordinance establishes cinema/movie theater development requirements as directed and is now presented to the city Council for its consideration. V'-e OCT 1 3 1987 - 1 - . . RECOMMENDATION It is respectfully recommended that the city Council introduce the accompanying ordinance for first reading. PREPARED BY: Robert M. Myers, City Attorney Laurie Lieberman, Deputy City Attorney - 2 - . . CA:RMM:11244/hpc city Council Meeting 10-13-87 Santa Monica, California ORDINANCE NUMBER (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. Findings 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 l321(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 1321(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 l321(CCS): (a) The proposed new cinema/movie theater is located in the C3 District. An applicant for such a proj ect shall be - 1 - . . required to obtain a development permit pursuant 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 subj ect 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 proj ect 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 - A . . SECTION 4. 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 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. effective 30 days from its adoption. The ordinance shall be APPROVED AS TO FORM: ~~.~ ROBERT M. MYERS City Attorney - 3 -