SR-8-C (27)
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CA:RMM:l1243/hpc
City council Meeting 10-13-87
Santa Monica, California
STAFF REPORT
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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
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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
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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
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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.
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A
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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:
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ROBERT M. MYERS
City Attorney
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