SR-8-A (64)
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Council Mtg February 14, 199$
California
TO Mayor and City Counc~l
FROM City Staff
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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
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~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
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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
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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
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Attachments A Praposed ~rdinanc~
B Public Notice
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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
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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,
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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
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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,
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(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
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(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
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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
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MARSHA JON~` MOUTRIE
C~ty Attorn~y
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`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
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~~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
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KAREN GI BERG ~ ~
Plamm~g Manager ~ ~
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