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SR-11-B (24) . +7'?~ fri r-Lt rJ tt4- "..-- I (-B ~Q~ I f) 1"-- C/ED:SF:Dez Council Mtg: January 10, 1988 Santa Monica, California TO: Mayor and City Council FROM: City staff SUBJECT: Recommendation to Amend the Main street Ordinance to Permit a Fifth Restaurant in the 2500 Block of Main street. INTRODUCTION This report recommends that the City Council direct the City Attorney to prepare a Zoning Ordinance Text Amendment to permit a a restaurant at 2510 Main Street. If approved, this restaurant would result in five restaurants instead of the four currently permitted under the Main Street Ordinance within the 2500 block of Main street. BACKGROUND On September 13, 1988 the City Council directed staff to meet with the appropriate groups to discuss changing the Main Street Ordinance to permit a fifth restaurant in the 2500 Block of Main street. This action was initiated by Jay Fiondella whose request to open a fifth restaurant on the block was denied by the Planning Commission. The Planning Commission denied the request based on the fact that the Main street Ordinance only permits four restaurants between Ocean Park and Hollister Avenue. Four restaurants currently exist in the block; the restaurant within the Edgemar development - 1 - ll-B JAN 1 0 1989 . . project, Gilliands, The Galley, and Bono Fortuna. In order to permit a fifth restaurant, the Main street Ordinance must be amended. Planning staff met with representatives from the Main street Merchants and Owners Association, OPCO, and the NSC to discuss the issue of amending the Ordinance. The results of the meeting were as follows: opeo: Opco will support a fifth restaurant on the block provided the parking is contained on site, the restaurant is the last restaurant to be located on Main street between Pico Boulevard and the Venice border, and that the Main Street ordinance be re-examined in relation to such issues as density, parking requirements, variances, and land uses. Main street Merchants and Owners: Support a consistent approach to permitting restaurants on Main Street. Eliminate case by case amendments to the Main street Ordinance by developing guidelines that apply equally to all applicants. Would not support the re-examination of the Main street ordinance until after a parking structure is in operation for at least one year. ALTERNATIVES It is clear from the above input that the two organizations did not reach a consensus relating to a fifth restaurant on Main street. Therefore the Council has several options: Amend the Main Street Ordinance to permit a fifth \. \ , and prohibit any other restaurants from restaurant / locating on Main Street until a comprehensive review of / taken place. 2. Defer amending the Main Street Ordinance until a comprehensive review of the standards has taken place. - 2 - . . 3. Defer amending the Main street Ordinance until the parking structure is in place, and until a comprehensive review of the standards has taken place. 4. bend the Main street Ordinance and direct staff to begin a comprehensive review of the standards as an objective for the next fiscal year. staff recommends that the council proceed with the fourth option. Under this option, if the restaurant complies with parking requirements and provides all the parking on site without the benefit of a variance, the use will be permitted. Planning staff feels that a restaurant in this location would not adversely impact the surrounding residents provided the hours of operation are limited and sufficient parking is provided. The Main Street Special Commercial District was established to encourage a variety of commercial uses of a low to moderate scale to locate on Main street in order to serve the surrounding residential neighborhood and visitors to the area. A limitation on the number of restaurants was established in the oistrict in order to protect the surrounding neighborhood from an over-concentration of restaurants and to encourage a mix of services 1n each block. As illustrated in the following chart, Block 6, where the proposed restaurant would exist, is currently the longest block within the Main street District. It is 1098.42 feet longer than block 1, which is the smallest block in the District, and 480.82 feet longer than Block 3, the second longest block in the District. Therefore, it would seem reasonable to - 3 - . . Blocks Main Street Neilson Way 2nd Street Total East West 1 155.9' 120.36' lOa' 161' 537.36' 2 161' 189' 200' 161' 711' 3 425' 371.18 ' 283.68' 75' 1154.86' 4 625' 625' 1250' 5 575' 550' 1125' 6 732.5' 903.18' 1635.68' 7 286.4' 227.83' 300' 814.23' 8 300' 300' 300' 900' 9 300' 300' 300' 900' 10 300' 300' 283.75' 883.75' 11 300' 300' 221. 65' 821.65' The Zoninq Ordinance currently defines Main street Blocks as follows: "Restaurants are limited to two restaurants per block (a block being both sides of Main street and the adjacent sides of the adjoining streets). Portions of Main street to be designated as "Blocks" for the purpose of this section are: Block 1: South City Limits to Marine Street: Block 2: Marine street to Pier Street; Block 3: Pier to Ashland; Block 4: Ashland to Hill: Block 5 : Hill to Ocean Park; Block 6: Ocean Park to Hollister (four restaurants permitted in this block): Block 7: Hollister to Strand: Block 8: Strand to Pacific: Block 9: Pacific to Bicknell: Block 10: Bicknell to Bay: Block 11: Bay to Pico." Staff does not support opeo's request of prohibiting any further restaurants on Main Street in order to accommodate Jay Fiondella's restaurant. The implications of this kind of - 4 - . . restriction require further study and public input in that additional sites for restaurant uses exist between Hollister and Pico Boulevard. This type of restriction has not been adequately addressed by staff and the Community to be adopted as policy at this time. If this amendment is approved, it would be the fourth amendment to the Main street Ordinance within the last two years. It has become apparent that the standards contained in the existing ordinance do not adequately address the present concerns of surrounding residents, merchants, and property owners on Main Street. The provisions of the Main street Ordinance were not evaluated in the overall revisions to the Zoning Ordinance and have not been reviewed since their adoption in 1980. Therefore, a comprehensive review of the ordinance should take place in lieu of amending the ordinance on a case by case basis. Planning staff is prepared to undertake such a review of the ordinance, including a significant pUblic input process, as a budget objective within the next fiscal year. BUDGET/FISCAL IMPACT The recommendation presented in this report does not have any budget or fiscal impact within the present fiscal year. However, if approved, the program to re -evaluate the Main street Plan which will include a staff and public review process will require staff resources during the FY 1989-90 budget. RECOMMENDATION - 5 - . . It is respectfully recommended that the council: 1. Direct the city Attorney to prepare a text amendment to the Main street Ordinance to permit a fifth restaurant in the 2500 block of Main; 2. Direct staff to conduct a comprehensive review of the Main street Ordinance as an objective in the next fiscal year. Prepared by: Paul Berlant, Director of Planning Suzanne FriCk, Principal Planner Planning Division Community and Economic Development Department SF:Dez HP/Jay 1/3/88 - 6 - j I . 1f'-7'l--~!V"\ t rJ .""!--- i 15 The motion was unanimously approved, Councilmember Reed absent. During discussion, staff was directed to send copies of the proposed ordinance to apartment associations, neighborhood associations, Santa Monicans for Renters Rights, Tenant Action Committee, and the Ellis Support Group. lO-A: APPOINTMENTS TO THE BOARD OF DIRECTORS OF THE ARTS FOUNDATION: Presented was a recommendation of the Ar~s Commission to appoint Bruria Finkel, Connie Jenkins and Loveday Raben to the Board of Directors of the Arts Foundation. Councilmember Finkel disqualified himself from the discussion and vote on this item due to a conflict of interest. councilmember Abdo moved to approve the staff recommendation. Second by Councilmember Genser. The motion was unanimously approved, Councilmember Reed absent. Therefore, Bruria Finkel, Connie Jenkins, and Loveday Raben were appointed to the Board of Directors of the Arts Foundation. ll-A: PREFERENTIAL PARKING ZONE/22ND STREET/BARNARD WAY FRONTAGE ROAD: Presented was a recommendation to direct the City Attorney to draft ordinances establishing preferential parking zones on 22nd street and on Barnard way Frontage Road. Discussion was held. Councilmember Jennings abstained from further discussion and vote on this item due to a possible conflict of interest. Councilmember Genser moved to approve the staff recommendation, thereby instruct~ng the City Attorney to prepare ordinances establishing a "2 hour parkIng, 9 a.m. to 6 p.m. Monday through Saturday except by permit'l preferential parking zone for Twenty-second Street, and a Itno parking anytime except by permi tl' preferential parking zone for the Barnard Way frontage road; and instructing the Planning Division to conduct an environmental evaluation of the proposed zones. Second by Mayor Pro Tempore Finkel. The motion was approved by the following vote: Council vote: Affirmative: Councilmembers Abdo, Finkel, Genser, and Mayor Zane Negative: Councilmember Katz Abstain: Councilmember Jennings Absent: Councilmember Reed Councilmember Katz requested the record to reflect that he feels that it hasn't been proven that this has met the enabling ordinance, and what the Council is doing in the City is slowly but surely making the entire City a preferential zone. He further stated this is a mistake and his previous stand on this still holds, that this is not a permanent zoning answer to parking, but a band-aid approach, and every traffic engineer ever asked has agreed. 11-B: was a FIFTH RESTAURANT IN 2500 BLOCK OF MAIN STREET: Presented recoromendat~on to direct City Attorney to prepare an 9 January 10, 1989 . . I I I amend~ent to the Zoning Ord1nance to permit a fifth restaurant in the 2500 block of Main street and direct staff to conduct a comprehensive review of the Main Street ordinance as an objective in the next fiscal year. Discussion was held. Members of the publ~c Parle Meek, Richard Orton, Lynne Coyn, and Herb Sandell spoke in opposition to the proposed amendment to the Main street Plan. Tom Lang, Jay Fiondella, Robert Scott, Bud Burns, and Steve Spencer spoke in support to the proposed amendment. Counc1lmember Genser moved to extend the meeting to 12: 00 a.m. Second by Councilmember Katz. The motion was unanimously approved, Councilmember Reed absent. Discussion was held. Councilmember Katz moved to amend the Main Street Plan and allow this particular restaurant in the 2500 block of Main Street. Second by councilmember Jennings. Mayor Pro Tempore Finkel moved a substitute motion to amend the Main Street Plan to allow a fifth restaurant in the 2500 block of Main Street, and direct staff to begin a comprehensive review of the standards as an ObJective for the next fiscal year, and that the comprehensive review of the standards be completed prior to the commrnencement of any construction on a parking structure on Main street. The motion died due to lack of a second. Mayor Zane moved to amend the motion to direct the city Attorney to prepare an ordinance establishing a moratorium on new restaurants on Main street from pico to the southerly city limits until after the completion of review and the adoption of a revised Main street Plan. Second by Mayor Pro Tempore Finkel. D1scussion was held. The motion, as amended, was approved by the following vote: Counc1l vote: Affirmative: Councilmembers Finkel, Jenn1ngs, and Mayor Zane Genser, Negative: Councilmembers Abdo, and Katz Absent: Councilmember Reed Mayor Pro Tempore Finkel moved to direct the staff to conduct the comprehensive review of the standards, including citizen review, dur1ng the current fiscal year. Second by Councilmero~er Jennn1ngs. During discusion the motion was amended to complete the comprehensive review of by the end of calendar year 1989. The motion was approved, Councilmerober Abdo opposed, Councilmember Reed absent. Councilmember Genser moved to include that in no event, shall construction commence on the Main Street parking structure, should there be one, prior to the conclusion of the Main Street planning process. Second by Councilmember Katz. The motion failed, councilmembers Abdo, Jennnings, and Mayor Zane opposed, Councilmember Reed absent. The main motion, as amended by Mayor Pro Tempore Finkel was approved by the following vote: Council vote: Affirmative: Councilmembers Finkel, Katz, and Mayor Zane Jennings, 10 January 10, 1989 . . r Negative: Councilmembers Abdo and Genser Absent: Councilmember Reed ll-C: CABLE TV COVERAGE OF CITY COUNCIL MEETINGS: Presented was a staff report regarding options to provide cable TV coverage of city Council meet1ngs and other commission meetings held in Council Chambers. Mayor Pro Tempore Finkel moved to extend the meeting past 12:30 a.m. Second by Councilmember Katz. The motion was unanimously approved. Councilmember Reed was absent. Councilmember Abdo moved to continue Item 11-C to the Council meeting of January 24, 19B9. Second by Councilmember Katz. The motion was unanimously approved. Councilmember Reed was absent. Il-D: CLOSED SESSION: Not held. 13-A: EDGEMAR ART MUSEL~ PROJECT: Presented was the request of Steve Spencer to address Council regarding Edgemar Art Museum proj ect, continued from December 13, 1988. Mr. Spencer stated that, in his discussions with City staff regarding Municipal Code violations, staff has done a great jOb in keeping him advised of what is going on. No council action was taken. 13-B: BUILDING PERMIT/ZONING VARIANCE/927 26TH STREET: Presented was the request of Daphne Sheridan to address Co~ncil regarding building permit, zoning variance and construction on property located at 927 26th Street. Ms. Sheridan expressed her concerns regarding the development of the property at 927 26th Streetl the property next door to hers. council, in its response to Ms. Sher~dan, e.xplained that the application to improve. the property at 927 26th Street, was approved prior to the adoption of the new Zoning Ordinance. Council also explained why the Archite=tural Review Board does not oversee the design of single-family residences, and assured Ms. Sheridan that Council has tried to correct problems related to the construction of single-fa1"l1ly res1dences with the adoption of the new Zoning Ordinance. No Council action was taken. 14-A: BAYSIDE DISTRICT CORPORATION BOARD OF DIRECTORS: Presented was the matter of the appointment of a member to the Bayside District Corporation Board of Directors. Mayor Zane declared nominations opened. Mayor Pro Tempore Finkel nominated Dan Ringwood. Hearin.g no other nominations, Mayor Zane closed the nominations. Councilmember Katz moved to appoint Dan Ringwood by acclamation. Second by Mayor Pro Tempore Finkel. The motion was unanimously approved, Councilmember Reed absent. Therefore, Dan Ringwood was appointed to the Bayside District Corporat~on Board of Directors for a term ending June 30, 1989. 14-B: PIER RESTORATION CORPORATION: Presented was the matter of the appo1ntment of members to the Pier Restoration corporation. 11 January 101 1989