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SR-8-A (64) PCD SF KG AS f lplanlsharelcounc~ilstrpflcm1 wpd Council Mtg February 14, 199$ California TO Mayor and City Counc~l FROM City Staff ~~:~ ~O~y3 Santa Mvnica, SUBJECT Ordinance for Introduction and First Reading Amending Sec#ion 9 04 08 28 070 of the Santa Monica M~nicipal Code to Reinstate a Restauran# Seating Limitation in the CM District on the East SEde of Mam Street Narth of ~cean Paric Bo~levard Introduct~an Thrs report recommends that the Crty Counc~l mtroduce for frrst read~ng an ordmance to amencf Sectian 9 a4 08 28 a70 of the Zoning Ordinance to reinstate a restaurant seat~ng limitat~on on the east s~de of Main Street north of Ocean Park Baulevard in the CM Main Street Commercial DistrECt On November 19, 1997, the Plannmg Commission ~o#ed 4-2 to recommend that the City Council adopt #he proposed amendment The proposed ardinance would establish a 101 seat cap for restaurants locate~ along this I~mited port~on of Ma~n Street The prap~sed ordmance is contamed ir~ Attachment A Backqround On August 26, 1997, the City Councd appro~ed a ~ariety of modificatians to #he allowed uses at the Edgemar Development an Main Street The Council's acfion inciuded elim~nating the provisian that limited restaurants located on the east side of Main Street north af Ocean Park Bau~e~ard to no mor~ than 75 s~ats Srnce the total number of seats for Majn Street restaurants lacated nor~h of Ocean Park Boule~ard is limited on a block by black basrs, and beca~se a!! Mam Street restaurants w~th 5Q seats or more 1 ~~ F~~ 1 ~ ~.'~: ~ ~equrre a CUP, the Councrl found that the CM drst~-rct standards prov~ded suffrcrent restr~ctions to I~m~t restaurant size Howe~er, due to significant ~eighbarhoad cancern regarding the need to protect resEdents from the impacts assoc~ated with the ad~acent Ma~n Street commercial district, the City Co~ncil directed staff to prepare a Zonir~g Ordinance text amendment to reins#ate a limitation on the maximum number af seats allowed m Main Street restaurants located north of Ocean Par~c Boule~ard on the east side of the street A 101 seat limitation was recommended as this is the sjze af the largest res#aurant bcated on tt~rs portion of Ma~n S#reet Proposed Amendment The proposed limitation of 101 seats for restaurants located on the east side of Ma~n Street north of Ocean Park Bouievard is consistent with other CM distr~ct special pro~ect destgn and development standards that are intended ta l~mit the ~ntensity of commeraal uses on Main Street due fo tF~e district's cfose proximity to residential ne~gF~borhoods These ne~ghborhood-sens~t~u~ development standards include I~m~t~ng the number of restaurants in th~ distnct on a black by black basis, allow~ng only one restaurant per block on the east side of Main Street, north of Qcean Park Boulevard, limitmg the number ofi on-sale a~cohol outlets in the d~strict, lirnitir~g the number of bars in the district, and requiring additional landscaping and noise buffering on CM zaned parcels w~th Second Street frontage that are adJacent to res~der~tiaffy zoned property on at least ane side yard The praposed seat lim~tation would be an additiona! measure ta ensure the res~dentiak neighborhoods surraundEng Main Street north of Ocean Park Boule~ard are not affected 2 by the impacts frequently associated with larger restaurants, including r~oise, parking and neighborhood congestian Main Street is a unique commercial district that, due to its histonc character and beach proxirnity, is a popular regianaf and taurist area, as wel~ as a nei~hborhood serv~ng cflmmercial d~str~ct to the surro~nd~ng South Beach and ~cean Park neighborhaods As a result, the development standards are intended to strike a balance between the needs of a ~ital comrnerc~al area and those of a high dens~ty, medium scale residential neighborhood The proposed 101 seat limitation north of Ocean Park Boulevard results ~n the allowance for medium size restaurants on the east side of the street, sub~ect to compliance with the o~erall seat and resta~rant numbe~ limitation for the block and sub~ect to Planning Commission discretionary review through the CUP process Plan~ing Commission Action Although the ma~or~ty of the Plar~ning Commission supported the proposed ordinanc~ amendment, those ~n oppos~tior~ felt that the ordrrtartce was prepared rn reactron to the Edgemar De~elapment and did not represent good planning for the future Additionally. the Commission recommended minor~ modificatians to the amendment text to clarify that #he 141 seat limitation is a maximum cap per establishment This change t~as been ~ncorparated inta the propased ordinance Gonclus~on The proposed ord~nance ensures that no restaurant exceeding 101 seats would be appro~ed on the east side of Main Street narth of Ocean Park Boufevard and provides an additional measure #o balance the needs of t~e ad~acent commercial ancf residential land uses 3 CEQA Status The proposed text amendment is exemp~ from the provis~ons of CEQA pursuant ta Section 15061(b)(3} ~f the State Guidelines in that the amendment establishes additional use I~mitations m the CM Distr~ct which would result in na sign~ficant en~~ronmental effect Public Not~fication Notice af the public hearing was pub[~shed in the Outlook as required by Go~ernment Code Section 65091 and Section 9 04 20 22 050 of the ZonEng ~rdinance at least 10 days priar to the hearing In addit~on, notices were sent fo all property owners within the CM district and within 300' of the CM distnct baundaries Budqet/Financial I mpact The recommendatian presented in this report does not ha~e any budget or fiscal impact Recommendation I~ is respectfully recommended that the Council introd~ce the attached ordinance for first reading Prepared by Suzanne Frick, Director Karen Ginsberg. Planning Manager Amanda Schachter, Sen~or Planner City Plann~ng Division Planning and CornmunEty De~elopment Department 4 Attachments A Praposed ~rdinanc~ B Public Notice ~ ~' i~ k~ f lattylmuruVawslbarrylmamst Crty Council Meeting 2-10-98 Santa Manica, Cal~forn~a ~RDINANCE NUMBER (CCS) (C~ty Counc~l Series) AN ORDINANCE OF THE CITY COUNCII.O~ THE CITY OF SANTA MOlVICA AMENDING SECTION 9 04 08 28 070 OF THE SANTA MOTTICA M[JNICIPAL CODE TO ESTABLISH A RESTAURANT SEATING LIMITATION OF 101 SEATS 1N THE CM DISTRICT ON TI~ EAST SIDE OF MAIN STREET N4RTH OF aCEAN PARK BQULEVARD WHEREAS, Main Street is a unique commercial d~strict that, due to ~ts historic character and beach pra~mi~y, is a popular regional and tour~st area, as wet~ as a neighborhood servang commercial c3istnct ta the surrounding South Beach and Qcean Park ne-ghborhoods, and WHEREAS, the City Council has adopted development standards that are ~ntended to l~mrt the ~nten5ity of commerciai uses on Mam Street due to the distr~ct's close proa~mity to the resident~al ne~ghborhoods, and WI~REAS, these development standards mclude lim~ting the nuxnber of restaurants in the distt~ct on a biock by block basis, allowmg onty one restaurant per block on the east side of Ma~n Street, nortE~ of Ocean Par~c Boulevard, l~mitmg the number of on-site alcohal outlets m the d~stnct, and htnitmg the num6er of bars cn the district, and WHEREAS, due to contmued significant neighborhood concern regardmg the need ta protect residents from the impacts associated wrth the Ma~n Street Commerc~al d~stnct, the City Council on August 26, 1997, d~rected staffto prepare a zomn~ text amendment establ~shing a restaurant seatmg l~mit of 101 seats ~n Main Street restaurants lacated north of Ocean Park Boulevard on the east s~de of the street, and ~ F ` 4~ .J WHEREAS, on Navember 19, 1997, the Plannin~ Commjsston recommended approval of a zoning text amendment which establishes a restaurant seatzng limit of 101 seats in Matn Street restaurants located north of Ocean Park Boulevard on the east side of the street, and WHEREAS, on February 10, 1998, the Crty Counc~l held a public heanng on the proposed text amendment, and WHEREAS, the Crty Council finds and declares that the proposed text amendment is consistent m pruiciple wrth the goals, ob~ectives, pohcies, land uses and pro~rams specified in the adopted General P~an in that Land Use Efement ~blect~ve 1 2 states that the C~ty must "ensure compat~bil~ty of ad~acent land uses, with part~cular concern for protect~ng residential neighborhoods" and Land Use Element Policy 1 6 7 encourages a variety of commercial uses on Main Street that serve both res~dents and taunsts, but requires that the "number and location of uses w~hich may ad~ersely affect the ad~oimng n~ighborhoad such as liquor stores. bars and larger restaurants shall be limrted ar controlled ta minimize adverse impacts " The proposed amendment to the CM Distr~ct special pro~ect design and development standards to establish a 10 ~ seat luYVt for restaurants located on the east side ofMain Street north af Ocean Park Boulerard provides an adcirt~onal measure to ensure the surroundmg residenttal neighborhoods are protected frotn lmpacts associated wrth larger restaurants, ~ncludmg no~se, parking and neighborhood congestion, withaut unduly restricting commercial activity on Ma~n S#reet, and WHEREAS, the Crty Counc~l finds and declares that the public health, safety, and general welfare reguire the adoption of the proposed text amendment in that the proposed CM Dsstr~ct amendment to establ~sh a li~utation af 101 seats for restaurants located on the east side of Vlain Street north of Ocean Park Boulevar3 prov~des further protection to ad~acent residential uses from i~npacts assoctated wrth larger restaurants, inciud~ng no~se, parking and ne~ghborhood congest~on, ~is a'P ~ . j V NOW, THEREFQRE, THE CITY COUNCIL OF TI~E CITY OF SA~~TTA MOrIICA DOES HEREBY ORDAIN AS FOLLOWS SECTION 1 Santa Moruca Muruc~pal Code Sect~on 9 04 08 28 070 ~s amended to read as follows SECTION 9.04.08.28.070 Special project design and develapment standards. Pro~ects in the CM District shall comply w~ith the following speciai pro~ect des~gn and development standards {a) First-floor uses must be pedestrian ariented uses, (b} Restaurants and bars are limited to a total of two establishments per block unless otherwise spec~fied m thts 5ection For purposes of th~s Sect~on, an establishment may be a restaurant, a restaurant w~th a bar or a bar A restaurant wrth a bar shall be considered one establishment A block ~s defined as both s~des of Main Street and the ad~acent sides of ad~o~mng s~de streets Portions of Mair~ Street to be des~gnated "Block" for the purpose of this Sect~on are Block 1 South City Lirruts to'~Tar~ne Street Block 2 Marine Street to P~er _Avenue Block 3 P~er Avenue ta Ashland Avenue Block 4 Ashland Avenue to Hill Black 5 Hill to Ocean Park Bouievard Block 6 4cean Park Baulevard to Hollister Avenue (total of 4 restaurants and bars permitted in th~s block) Blflck 7 Holl~ster Avenue to Strand Biock S Strand to Pac-fic "" K, ' ~ i B~ack 9 Paci~c to B~ckne~~ Block 10 B~cknell to Bay Block 11 Bay to Pico Boulevard, (c) North of Ocean Park Boulevard restaurants shall be subject to the following requirements (1) Only ane restaurant on the east side of each block shall be permrtted, (2~ Restaurants on the east side of each block shall be l~m~ted ta a ma.~mum of one hundred and one seats per estabhshment, 3(~j No more than two hundred seats per each block shall be permrtted, except that no more than four hundred sea~s shall be permrtted in Black 6, (d} On-sale alcohal outlets may not exceed twelve in number north of Ocean Park Boulevard Of the twelve total on-sale outlets, no more than five shall ha~e 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} E~sttng uses and exist~ng number of seats shall count toward the total number of bars and restaurants and seating requjrements permitted ti~~ittun the distr~ct, (g) An existing use shall be cons~dered na longer ex~sting ~fthat use is changed to another type of use or if for a period of six months, such use ~as not been m regular operation Regular operat~on shall be cons~dered being apen for business ta the general public dunng such use's customary business hours, .~ .~.- ~ n ~ (h) In structUres hous~ng mtxed commerc~al and res~dent2al Uses, parking above the first floor shall be allowed (i) Side yard walls up to ten feet ~n he-ght may be permitted on parcels with frantage on Seconci Street and wluch abut res~dent~ally zoned property an at least one s~de yard on that partion of the parcei located wrttun seventy-fi~e feet of Second Street, subject to Zoning Administrator approval {~) For all parcels wrth frontage an Second Street and which abut res~dent~ally zoned property on at least one side yard, pedestr~an and veh~cular access to all uses located wrthm seventy-five feet of S ecand Street shall be fram Main Street, except for residential uses where access may be from Second Street (k} For all parcels with frontage on Second Street, and which abut res~dentjally aoned praperty on at least one s~de yard, on that portion of the parcel located within seventy-five feet of Second Street, new development shall incorporate the following des~gn elements (1) A landscaped buffer not less than five feet wcde shall be prov~ded and maintained along the ent~re s~de yard adjacent ta the res~dentially zoned property Landscaping in this area shall include one tree per every five hnear feet planted not l~ss than five feet apart and not less than fi~e feet m height v~~hen planted (2) Any butldtng courtyards or open public spaces shall incorporate landscaping and building matenats designed to minimize potential noise ~tnpacts (3} Build~ng mater~als shall be nonreflect~ve and shall complement materials utiltzed mthe ad~acent res~dential neighborhood ~` "~ ~ ~ (4} Build~ngs shall be sited to m~nim~ae noESe 2mpacts ~n the arljacent residentiai ne~ghborhood (5) In l~eU ofthe requirements ~n tY~s subsection (k), the ArchitectUral Re~iew Baard may approve other buffenng plans, designs, and bu~td~ng matenals that satisfy the ~ntent of these requirements SECTION 2 Any pravision of the Santa Monica Municipal Code or appendices thereto mconsrstent wrth the provisions af th~s Ordinance, to the extent of such incansistenc~es and no further, is hereby repealed or modified to that extent necessary to effect the prov~s~ons of this Ordinance SECTION 3 If any section, subsect~on, sentence, clause, or phrase of tFus Ordinance is for any reason held to be mvalzd or unconstitutional by a dec~s~on af any court of competent~unsdict~on, such decision shall not affect the val~dity of the remaimn~ part~ons of this Ordmance The Cit}~ Council hereby declares that it would have passed thjs Ord~nance and each and every section, subsectio~, sentence, clause, or phrase not declared in~alid or uncanstrtutional wrthout regard to whether any portion of the ordmance would be subsequently declared in~al~d or unconstrtut~onal ~- "' 14 SECTION 4 The Mayar shall sign and the Crty Clerk shaIl attest to the passage af this Ordinance The City Clerk shall cause the same to be published once in the official newspaper within 15 days after its adopt~on Thts Ordinance shall become effective 30 days from rts adoption APPROVED AS TO FORM ~ ~~,~~-~,~- ~~ MARSHA JON~` MOUTRIE C~ty Attorn~y ~ ~`~i ~ ~} ~~ `OTICE OF PLBLIC HE?~RII~G To: Concerned Persons Frorn: The Citr- of Santa ~~ionica Subject of Hearing: Amendment to Section 9 04 08 28 074 of Arnele IX of the Santa ~Vlon~ca N1un~crpal Code A Publ~c Hearing ~rill be held by the Cit~ Council on the followmg request ~rriendment to Sect~on 9 04 08 28 070 of Article IX of the Santa ~Vlomca Niunicipal Code to remstate restaurant seating limitations m the C~VI Main Street Commercial Distr~ct on the east side of Main Street north of Ocean Park Baute~~ard. Restaurants located tn this portion of the CM District ~vould be lunited to a maxunum of 1Q1 seats TIII-~E: TL'ESDAY, FEBRUARY 10, 199$ ~T 6:30 P.11~. LQCATION COUNCIL CHA~'VIBER. ROOM 213. CITY HALL 1685 MAIN STREET. SA1~iTA MQ~IICA HOW TO COMMENT The City of Santa Monzca encourages public comment on this and other pro~ects You or ~~our representauve. or any other persons ma~~ comment at the City Council's public hearxng. or b~~ wr~t~ng a letter I..~tters should be addressed to MORE INFOR~'VIATION City Council, C~t}~ Clerk's Office 1685 Ma~n Su Czt, Room 102 5anta ~ionica. California 90401 If desired, further in£orrnativn on any application ma~ be obtained frorr~ the Planning and Zoning Division at the address above or by calling (310) 458-8341. The meeting facilzty is access~ble If you need any disability-related accommodataons, please contact staff at (3I0}458-$'101 Pursuant to California Government Code Section b5009(b), if thfs matter is subsequently challenged in Court, the challenge may be hrnrted to onl}~ thu e issues raised at the Public Hearmg described in this notice, or m wr~tten correspondence delivered to the City of Santa - 1 - ~ ~ ~ ~~ ~~anica at, or grior to. the Publ~c Hearin6 Esto es un a~~iso sobre una audencia pu~lica para re~~isar appl~caciones propomendo desarrallo en Santa Monica Esto pueda ser de interes a usted S~ deseas ma5 informacion, favor de llamar a Carmen Gut~errez en la D~vlsion de Plantificacion ai numero (310) ~58-8341 f lplanlshare!council`~notices5~tempccpn APPROVED AS TO FORM ~r.t~..._- ~,,~`-~ KAREN GI BERG ~ ~ Plamm~g Manager ~ ~ ~J - ~ - c~