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SR-8-A (61) D(.2.D.~1 ~ f{3 ccS 8A ~ f \atty\munI\strpts\mJm\peddeslg srt City Council Meeting 1-13-98 JAN 1 3 1998 Santa MonICa, Cahforllla TO Mayor and City Council FROM City Attorney SUBJECT Ordinance Amending Section 90402030645 (Definition of Pedestnan On entation) and Adding Section 904 1002440 of Article IX of the Santa MOnica MUnicipal Code Relating to Pedestrlan-Onented DesIgn Standards and Applying Those DesIgn Standards to Property Developed In the Following DIstricts RVC ReSIdentIal VIsitor Commercial District, BCD Broadway CommercIal DistriCt, BSCD Bayslde Commercial DistriCt, C2 Neighborhood CommercIal DistriCt, C3 Downtown CommercIal Dlstnct, C3-C Downtown Overlay District, C4 Highway Commercial DIstriCt, C6 Boulevard Commercial Dlstnct and the eM Main Street Commercial Dlstnct INTRODUCTION At Its meeting on December 16, 1997, the City CouncIl Introduced an ordinance amending Santa Momca Municipal Code Section 90402030645 and adding Section 9041002440 to the MunicIpal Code relating to pedestnan-onented desIgn standards The attached ordinance IS now presented to the City Council for adoption RECOMMENDATION It IS respectfully recommended that the City CouncIl adopt the accompanYing ordInance PREPARED BY Marsha Jones Moutne, City Attorney 8A JAN 1 3 1998 .. l PCD SF KG AS PF f \plan\share\councll\ord\peddes Council Mtg January 13, 1998 Santa Monica. CalIfornia ORDINANCE NUMBER 1893 (CCS) (City Council Senes) AN ORDINANCE OF THE CITY COUNCil OF THE CITY OF SANTA MONICA AMENDING SECTION 90402030645 (DEFINITION OF PEDESTRIAN ORIENTATION) AND ADDING SECTION 9041002440 OF ARTICLE IX OF THE SANTA MONICA MUNICIPAL CODE RELATING TO PEDESTRIAN- ORIENTED DESIGN STANDARDS AND APPYING THOSE DESIGN STANDARDS TO PROPERTY DEVELOPED IN THE FOLLOWING DISTRICTS RVC RESIDENTIAL VISITOR COMMERCIAL DISTRICT, BCD BROADWAY COMMERCIAL DISTRICT, BSCD BAYS IDE COMMERCIAL DISTRICT, C2 NEIGHBORHOOD COMMERCIAL DISTRICT, C3 DOWNTOWN COMMERCIAL DISTRICT, C3-C DOWNTOWN OVERLAY DISTRICT, C4 HIGHWAY COMMERCIAL DISTRICT. C6 BOULEVARD COMMERCIAL DISTRICT AND THE CM MAIN STREET COMMERCIAL DISTRICT WHEREAS, the ZOning Ordinance currently only requires pedestnan-onented design In the BSC Bayslde CommercIal Dlstnct, C2 Neighborhood Commercial Dlstnct, C3 Downtown Commercial Dlstnct, and C3-C Downtown Overlay Dlstnct, and WHEREAS, The CIty Council has dIrected staff to develop zOning text language which would require pedestnan-onentatlon In other commercial zoning districts In the City and to develop pedestnan-onented design standards which could be Incorporated Into the Zoning Ordinance, and f WHEREAS, Planning staff drafted zoning language which was forwarded to the Architectural Review Board In March 1997 for review and comment. and WHEREAS. the PlannIng Commission adopted a Resolution of IntentIon on June 11, 1997 giving notIce of Its intentIon to conduct a public hearing to consIder a recommendation to amend the ZOning OrdInance to Incorporate pedestnan-onented deSign standards In other commercIal zoning dlstncts In the City and to develop pedestrlan-onented deSign standards which could be Incorporated Into the Zoning Ordinance, and WHEREAS, on July 2, 1997, the PlannIng Commission held a public heanng on the proposed zoning text amendments which would modify Section 9 04 08 12 060 (RVC ReSidential VISitor Commercial Dlstnct), Section 90408 14060 (BCD Broadway Commercial District). Section 9 04 08 15 070 (BSCD Bayslde Commercial Dlstnct). Section 9 0408 16070 (C2 Neighborhood CommercIal Dlstnct), Section 904 08 18060 (C3 Downtown CommercIal District), SectIon 9 04 0820 070 (C3-C Downtown Overlay District), Section 9040828070 (CM Main Street Commercial Dlstnct) and add Section 9 04 08 22 080 (C4 Highway Commercial Dlstnct) and Section 9 04 08 26 080 (C6 Boulevard Commercial Dlstnct) to require pedestrian-oriented deSign and to amend Section 90402030645 (Definitions) and add Section 904 1002440 (Pedestnan- Oriented DeSign) of Article IX of the Santa Monica MUniCipal Code to prOVide for pedestnan-orlented deSign standards, and 2 ~ WHEREAS, the City Council held a public heanng on the proposed ZOning Ordinance Text Amendment on December 16, 1997, and WHEREAS, the City Council finds and declares that the proposed amendment IS consIstent In principle with the goals, obJectives, policies, land uses, and programs specified In the adopted General Plan, specifically Land Use Element Policy #3 3 1 which states "Maximize provIsion of pedestnan amenities at the ground floor street frontage, such as frequent entrances and windows, awnings, arcades and paseos n The proposed text amendment language requires pedestnan-orlentatlon at the ground floor of bUildings where pedestnan activity IS most concentrated including bUildings located within the Residential VIsitor Commercial (RVC) dlstnct and all of the commercial zoning dlstncts except the C5 Special Office Commercial and CP Commercial ProfeSSional zonIng dlstncts and provides design standards for pedestnan-onentatlon WHEREAS, the City Council finds and declares that the public health, safety and general welfare requires the adoption of the proposed Ordinance In order to enhance the pedestnan environment of the CIty through design elements at the ground floor of bUildIngs located where pedestrian activity IS most prevalent NOW, THEREFORE THE CITY COUNCIL OF THE CITY OF SANTA MONICA DOES HEREBY ORDAIN AS FOLLOWS 3 SECTION 1 Section 9 04 02 030 645 IS amended to read as follows Section 90402030645 Pedestrian orientation Design qualities and elements that contribute to an active, inviting street-level environment as set forth In Section 9 04 10 02 440 SECTION 2 Section 9 04 10 02 440 IS added to the Santa MOnica MunIcipal Code and reads as follows Section 9 04 10 02 440 Pedestrian.Oriented Design (a) Each structure required by this Code to be deSigned with pedestrlan-onentatlon shall Incorporate the following deSign elements In a minimum of seventy percent of the bUilding facade at the street frontage at the ground floor level (1) ArtIculated facades at the ground floor street frontage, which may Include, but not necessanly require, such measures as IndentatIon In plane, change of materials In a complimentary manner, sensitive composition and JuxtapositIon of openings and solid wall and/or bUIlding frame and projecting elements such as awnings and marquees to provide shade and shelter (2) A minimum of fifty-percent of the facade to a height of eight (8) feet shall be vIsually transparent Into the bUilding or provIde a minimum depth of three (3) feet for window merchandise dIsplay A bUilding may have no more than twenty (20) feet of continuous linear street-level frontage that IS opaque No merchandise storage shall be allowed In the storefront windows which blocks the view of the Intenor of the building 4 (3) Slgnage oriented and scaled to the pedestnan (4) Exterior lighting which provides for a secure nighttIme pedestnan environment by reinforcing entrances. public sidewalks and open areas with a safe level of IllumInation which avoids off-Site glare (5) Structures that contaIn commercial or other pedestnan-onented uses shall have a minimum of one public entrance at the ground floor address frontage and shall mInimiZe the number and the width of driveways from the street frontage Public entrances at the street frontage shall be accessible to the publiC dunng all hours the bUSiness IS open Secunty conscIous bUSinesses such as Jewelry stores may employ electronically-operated or manually-operated secunty deVices on all pedestnan-onented entrances requIred by thiS Code (6) Secunty grates or gnlles which recess Into pockets or overhead cylinders and are completely concealed when retracted are permitted only when located inSIde extenor Windows (7) ReSidential uses at the ground floor street frontage shall Incorporate planted areas, porches, front stairs and/or other elements that contnbute to a pedestnan environment (b) Pedestnan-orlented deSign elements may also Include street furniture or other seating surfaces on private property and deSign amenities scaled to the pedestnan such as aWnings, dnnklng fountains, paseos, arcades, colonnades, plazas, non-commercial community bulletin boards, publiC or pnvate art and alternative paving materials In areas of pedestnan access 5 (c) In order to encourage quality. creativity and compatibility. the Architectural Review Board may approve an exception from the requirements of Subsection (a) of thIs SectIon, according to the procedures for sign permit applications, If all of the following fIndIngs of fact can be made In an affirmative manner (1) That the stnct applIcation of the provIsions of thiS Chapter would result In practical dIfficulties or unnecessary hardships Inconsistent with the general purpose and Intent of thiS Chapter or that there are exceptional circumstances or conditIons applIcable to the proposed development that do not apply generally to other developments covered by thiS Chapter (2) That the granting of an exception would not adversely affect surrounding properties or be detnmental to the district's pedestrian-oriented environment SECTION 3 Section 90408 12 060 of the Santa Monica Municipal Code IS amended to read as follows Section 9 04 08 12 060 Property development standards All property In the RVC Dlstnct shall be developed In accordance with the follOWing standards (a) Maximum Building Height and FAR Maximum building height. number of stones and floor area ratio shall be determined as follows 6 Table 9.04.08.12.060 MAXIMUM BUILDING HEIGHT AND FAR (1) Properties Bounded by the Followmg Streets PIer Overlay a Santa Momca Pier The Deauvllle site to the north, Seaside Terrace to the south, The Promenade, to the west, and Ocean Avenue to the east, except parcels fronting on Ocean Avenue b Parcels fronting on Ocean Avenue c Replacement of 5mbad's bUilding only on the Santa Monica Pier d Amusement ndes on the Santa MOnica Pier West side of Ocean Avenue from PIca Boulevard to Seaside Terrace (Ocean Avenue Fronting Parcels Only) East side of Ocean Avenue to First Court from Colorado Avenue to Callforma Avenue For parcels located along the Pacific Coast HIghway between the Santa Monica Pier and the north CIty lImits Maximum Height Maximum Number of Stories Maximum FAR 30' 30' 2 2 1 0 5 40' 3 85' for one Ferns Wheel, 55' for one Roller Coaster, 45' for all other amusement ndes 1 0 45' 3 20 45' 3 20 23' flat roof 30' pitched roof 2 05 (2) As used In thiS Section, a "pitched roof' IS defined as a roof with at least two Sides haVing no less than one foot of vertical rise for every three feet of hOrizontal run The walls of the bUilding may not exceed the maximum height reqUired for a flat roof (3) There shall be no limitation on the number of stories of any hotel, parking structure or Affordable Housing ProJect. as long as the height does not exceed the maxImum number of feet permitted In this SectIon Maximum bUilding height for the pIer platform shall be measured from the pier platform rather than average natural grade (b) Maximum Unit Density For parcels located along the PacifiC Coast highway between the Santa Monica Pier and the north City limits, those parcels greater than four thousand square feet one dwelling Unit for each fifteen hundred square feet of parcel area IS permitted For parcels less than four thousand square feet, no dwelling units shall be permitted except that one dwelling unit may be permItted If a single family dwellIng eXisted on the parcel on September 9, 1988 No more than one dwelling unit shall be permitted on a parcel forty feet or less In width (c) Maximum Parcel Coverage Seventy percent except that for parcels located along the PacifIC Coast Highway between the Santa Manica Pier and the north City limits, the maximum parcel coverage shall be fifty percent (d) Minimum Lot Size. Five thousand square feet Each parcel shall contain a minimum depth of one hundred feet and a minimum width of fIfty feet, except that parcels eXIsting on September 9, 1988 shall not be subject to thiS requirement (e) Front Yard Setback (1) Thirty-five feet along the west Side of Ocean Avenue south of Colorado Avenue, twenty feet on the east Side of Ocean Avenue south of Colorado Avenue and fIve feet on all other streets, except that for parcels located along the PacifIC Coast HIghway between the Santa MOnica Pier and the north City lImits, the front yard setback shall be twenty feet or as shown on the OffiCial Dlstnctlng Map, whichever IS greater (2) At least thirty percent of the bUilding elevation above fourteen feet 8 In height shall provIde an additional five foot average setback from the minimum required front yard setback (f) Rear Yard Setback Fifteen feet, except that for parcels located along the Pacific Coast Highway between the Santa MOnica Pier and the north City limits, the beach rear yard setback shall be fifteen feet for parcels one hundred feet or less In depth. fIfty-five feet for parcels over one hundred feet In depth (g) Side Yard Setback The SIde yard setback shall be determined In accordance wIth the follOWIng formula, except for lots of less than fifty feet In Width for which the Side yard shall be ten percent of the parcel Width but not less than four feet (stones x lot Width) 5' + ------------------- 50' For parcels located along the PacifiC Coast Highway between the Santa MOnlca Pier and the north City limits. at least twenty-five percent of the Side elevation above fourteen feet In height shall provide an additional four foot average setback from the minimum Side yard setback (h) Development Review A Development ReView Permit IS required for any development of more than fifteen thousand square feet of floor area on the Promenade, thirty thousand square feet of floor area In all other areas of the Dlstnct, and for any development with rooftop parking (I) View Corridor For parcels located along the PaCific Coast Highway between the 9 Santa Monica Pier and the north City limits, any structure with seventy feet or more of frontage parallel to the PaCific Coast Highway shall provide an unobstructed view cOrridor between PaCific Coast HIghway and the ocean The view cOrridor shall be a minimum of twenty continuous feet In width measured from the property line abutting and parallel to PaCific Coast Highway and shall remain unobstructed by any structure or portion thereof (J) Parking For parcels located along the PaCIfic Coast Highway between the Santa Monica Pier and the north City limits. uncovered parking may be located In the front half of the parcel and within the reqUIred front yard setback (k) Pedestrian-orientation Ground floor street frontage of each structure shall be designed with pedestnan-onentatlon In accordance with Section 904 1002440 of thiS Chapter SECTION 4 Section 90408 14060 of the Santa Monica Municipal Code IS amended to read as follows Section 9 04 08 14 060 Property development standards All property In the Broadway Dlstnct shall be developed In accordance with the following standards (a) Maximum Building Height Two stones, not to exceed thirty feet except that If fifty percent or more of the bUilding IS residential, three stories, not to exceed forty-five feet There shall be no limitation on the number of stones of any structure containing at least one floor of residential use, so long as the height does not exceed the maxImum number of feet permrtted In thiS Sectron 10 (b) Maximum Floor Area Ratio The maximum floor area ratio shall be determined as follows Parcel Square Footage 0-- 15,000 15,001 -- 22,500 22,501 and up FAR 1 0 090 080 FAR if at Least Thirty Percent of Project is Residential, or if at Least Eighty Percent of the project is a Grocery Store 1 5 1 3 1 15 (c) Minimum Lot Size Seven thousand five hundred square feet Each parcel shall have minimum dimensions of fifty feet by one hundred fifty feet, except that parcels eXisting on the effective date of thIs Chapter shall not be subject to this requIrement (d) Front Yard Setback Landscaping as required pursuant to the provIsions of Part 9 04 10 04 (e) Rear Yard Setback None. except (1) Where rear parcellme abuts a residential distriCt. a rear yard equal to (stones X lot width) 5'+ 50' The required rear yard may be used for parking or loading to within five feet of the rear parcel hne prOVided the parking or loading does not extend above the first floor level and proVided that a wall not less than five feet or more than SIX feet In height IS erected and maintained along the rear commercial parcel line Access dnveways shalt be permitted to 11 perpendicularly cross the required rear yard provided the dnveway does not exceed the minimum width permitted for the parking area A required rear yard shall not be used for commercial purposes (2) That needed to accommodate landscaping and screening for a rear yard buffer reqUIred pursuant to the provIsions of Part 9 04 1004 (f) Side Yard Setback None. except (1) Where the Intenor side parcel lIne abuts a reSidential dlstnct, an Intenor side yard equal to (stones x lot width) 5' + 50' The Intenor sIde yard may be used for parking or loading to within five feet of the Interior side property line prOVIded the parking or loading does not extend above the first floor level and prOVided a wall not less than five feet or more than SIX feet In height IS erected and maintained along the side commercial parcel line A required Intenor side yard shall not be used for access or for commercial purposes (2) That needed to accommodate landscaping required for a street side yard, landscape buffer and screenIng pursuant to the provISions of Part 9 04 10 04 (3) A ten-foot setback from an Intenor property line shall be required for portions of bUildings that contain windows, doors, or other openings Into the Intenor of the bUIlding An Interior side yard less than ten feet shall be permitted If proVISions of the UnIform BUilding Code related to fire-rated openings In sIde yards are satisfied 12 ~ (g) Development Review A Development Review Permit IS required for any development of more than twenty-two thousand five hundred square feet of floor area and for any development with rooftop parking (h) Pedestrian~orientation Ground floor street frontage of each structure shall be designed with pedestnan-onentatlon In accordance with Section 9 04 10 02 440 of this Chapter SECTION 5 Section 90408 15070 of the Santa Monica Municipal Code IS amended to read as follows Section 9 04 08 15 070 Special project design and development standards In all zOning clasSificatIons In the SSC District, the following special project design and development standards shall apply (a) Ground floor uses shall be pedestrian oriented uses for a mlnlmum depth of seventy-five feet measured from the front of the structures (b) In any new or reconstructed buildIng. a minimum of seventy percent of the bulldmg facade at the street frontage at the ground floor level shall be designed with pedestrian onentatlon. In accordance with Section 9 04 1002 440 of thiS Chapter, unless precluded by the presence of significant eXisting architectural features (c) In any new or reconstructed building. clear untlnted glass shall be used at the ground floor level to allow maximum visual access to the Interior of bUlldmgs Mirrored and highly reflective glass shall not be permItted at any level of a structure (d) In any new or reconstructed buildIng. walk-up faCilities shall be recessed and 13 . provide adequate queuIng space to avoid Interruption of the pedestnan flow (e) Secunty gnlls at the street level. shall be desIgned as an Integral component of the building, shall be of the roll-down type. shall have an open web suffICIent to provide VISibilIty to the Interior when the grill IS In the closed pOSition. and shall be placed to the Interior of the outsIde glass SECTION 6 Section 9 04 08 16070 of the Santa MonIca MunicIpal Code IS amended to read as follows Section 90408 16 070 Special project design and development standards Projects In the C2 DIstrict shall comply With the follOWing special proJect deSign and development standards (a) RetaIl or restaurant uses shall be limited to the first floor except that such uses may extend to a mezzanine level (b) Ground floor street frontage of each structure shall be deSigned With pedestnan- onentatlon In accordance WIth Section 9 04 10 02 440 of thiS Chapter, and deSigned to accommodate pedestrian oriented uses to a minimum depth of fIfty feet from the front of the structure SECTION 7 Section 90408 18060 of the Santa Monica Municipal Code IS amended to read as follows Section 9 04 08 18 060 Property development standards All property In the C3 Dlstnct shall be developed In accordance WIth the follOWing 14 ~ standards (a) Maximum Building Height Three stones. not to exceed forty-five feet, except for the following (1) For parcels In the area bounded by 5th Court, 6th Court, Colorado Avenue and WilshIre Boulevard. the maximum height shall be five stones. sixty feet, provided. there IS no retail above the first floor and only reSidential uses above the second floor (2) For parcels In the area bounded by 6th Court. 7th Court. Colorado Avenue and Wilshire Boulevard and the north side of Wilshire Boulevard between 2nd Street and 7th Street, the maximum height shall be four stories, fifty feet, provided. there IS no retail above the first floor and only reSidential uses above the second floor There shall be no limitatIon on the number of stones of any hotel, detached parking structure, or structure containing at least one floor of reSidential use. so long as the heIght does not exceed the maXimum number of feet permitted In thIS Section (b) Maximum Floor Area Ratio 2 O. except that In the area bounded by 5th Court. 7th Court, Colorado Avenue and Wilshire Boulevard, and the area on the north side of Wilshire Boulevard between 2nd Street and 7th Street, the FAR for commercial square footage shall not exceed 1 5 Floor area devoted to resIdential uses shall be counted at fifty percent (c) Minimum Lot Size Seven thousand fIVe hundred square feet Each parcel shall contain a minimum depth of one hundred fifty feet and a minimum width of fifty feet, except that parcels eXisting on the effective date of thiS Chapter shall not be subJect to thIS requirement -!- -' (d) Front Yard Setback Landscaping as required pursuant to the provIsions of Part 9 04 1 0 04 (e) Rear Yard Setback None. except (1) Where rear parcel line abuts a reSidential dlstnct, a rear yard equal to (stones x lot width) 5' + 50' The required rear yard may be used for parking or loading to within fIve feet of the rear parcel lIne, provided, the parking or loading does not extend above the first floor level, and provided. that a wall not less than five feet or more than SIX feet In height IS erected and maIntaIned a\ong the rear commercIal parcel line Access driveways shall be permitted to perpendicularly cross the required rear yard, provided, the dnveway does not exceed the minimum width permItted for the parking area A required rear yard shall not be used for commercial purposes (2) That needed to accommodate landscaping and screening for a rear yard buffer required pursuant to the provIsions of Part 9 04 10 04 (f) Side Yard Setback None. except (1 ) Where the Intenor SIde parcel line abuts a resIdentIal dlstnct. an interior sIde yard equal to (stones x lot width) 5'+ 50' The Intenor side yard may be used for parking or loading no closer than five feet 16 ~ to the Interior side property line. provided. the parking or loading does not extend above the first floor level. and provided, a wall not less than five feet or more than SIX feet In height IS erected and maintained along the side commercial parcel line A requIred Intenor sIde yard shall not be used for access or for commercial purposes (2) That needed to accommodate landscaping required for a street side yard. landscape buffer and screening pursuant to the prOVIsions of Part 9 04 10 04 (3) A ten-foot setback from an Intenor property line shall be required for portIons of buildIngs that contain Windows, doors or other openings Into the Interior of the bUilding An Interior Side yard less than ten feet shall be permitted If prOVIsions of the Uniform BUilding Code related to fire-rated openings In Side yards are satisfied (g) Development Review A development review permIt IS required for any development of more than thirty thousand square feet of floor area, except that for applications involving the demolitIon and replacement of an eXisting smgle-purpose grocery store on a parcel which IS not adjacent to a reSidentially zoned dlstnct, with a store which has a minimum of twenty-five thousand square feet of floor area. only a net new floor area addition of more than thirty thousand square feet shall be subject to Development ReView (h) Maximum Uninterrupted Building Facade Everyone hundred feet of building facade at the street frontage shall contain at least one public entrance or other publicly accessible pedestrian oriented use (I) Ground floor street frontage of each structure shall be deSIgned with pedestnan- onentatlon In accordance with Section 9 04 10 02 440 of thiS Chapter 1 ~ ..i... i SECTION 8 Section 904 0820070 of the Santa MOnlca MUnlclpal Code IS amended to read as follows Section 9 04 08 20 070 Special proJect design and development standards (a) Ground floor street frontage of each structure shall be desIgned with pedestnan- orientation In accordance with Section 9 04 1002440 of thiS Chapter and designed to accommodate pedestnan oriented uses to a minimum depth of fifty feet from the front of the structure (b) A development review permit IS required for any new development of more than thirty thousand square feet of floor area and for any development With rooftop parking SECTION 9 Section 9 04 08 22 080 IS added to the Santa Monica Municipal Code and reads as follows Section 9 04 08 22 080 Special project design and development standards ProJects In the C4 District shall comply With the follOWing special prOject design and development standards Ground floor street frontage of each structure shall be designed With pedestnan-orlentatlon In accordance With Section 9 04 10 02 440 of thiS Chapter SECTION 10 Section 9040826080 IS added to the Santa Monica MUnicipal Code and reads as follows Section 9 04 08 26 080 Special project design and development standards ProJects In the C6 OlstrlCt shall comply With the follOWing special project desIgn and =--8 ~ development standards Ground floor street frontage of each structure shall be designed with pedestrlan-onentatlon In accordance with Section 9 04 10 02 440 of this Chapter SECTION 11 Section 9040828070 of the Santa MOnica MUnicipal Code IS amended to read as follows 9 04 08 28 070 Special project design and development standards Projects In the eM Dlstnct shall comply with the follOWing specIal project desIgn and development standards (a) First-floor uses must be pedestrian oriented uses and shall provide pedestnan- oriented deSign In accordance With Section 9 04 10 02 440 of this Chapter, (b) Restaurants and bars are limited to a total of two establishments per block unless otherwise specified In this 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 of Mam 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 Manne Street to Pier Avenue Block 3 Pier Avenue to Ashland Avenue Block 4 Ashland Avenue to Hili Block 5 HIli to Ocean Park Boulevard Block 6 Ocean Park Boulevard to Hollister Avenue (total of 4 restaurants 2-9 and bars permitted In this 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 subject to the following reqUirements (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 seventy-five or less seats. (3) No more than two hundred seats per each block shall be permitted, except that no more than four hundred seats shall be permitted In Block 6, (d) On-sale alcohol outlets may not exceed twelve In 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 In 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 reqUirements permitted Within the distriCt. (g) An eXisting use shalt be conSidered no longer eXisting If that use IS changed to another type of use or If for a penod of SIX months. such use has not been In regular 20 operation Regular operation shall be considered being open for business to the general public dUring such use's customary bUSiness hours. (h) In structures housing mixed commercial and residential uses. parking above the first floor shall be allowed SECTION 12 Any prOVISion of the Santa Monica 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 affect the provIsions of thiS Ordinance SECTION 13 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 thiS 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 14 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 This Ordinance shall become effective 30 days from Its adoption APPROVED AS TO FORM /;Ut-est jS{vtclC4u.!u-; MARSHAJO'NES MOUTRIE v City Attorney 22 . 9 ~.T7.~ #~ r Robert Holbrook. Mayor State of Cahfonua ) County of Los Angeles) ss Cny of Santa Moruca ) I. Mana M Stewart. Cay Clerk ofthe CIty of Santa MOllIca. do hereby certIfy that the foregoIng OrdInance No 1893 (CCS) had Its first readIng on December 16. 1997. and was adopted on January 13, 1998 by the followmg vote Ayes Councd members Ebner, FemsteIn, Genser. Greenberg, Holbrook. O'Connor, Rosenstem Noes Council members None AbstaIn CouncIl members None Absent CouncIl members None ATTEST '-~--- . ~ " ~ \.0 .~cJ. \ Mana M Stewart. Cay Clerk