SR-11-B (25)
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APR 2 8 19&-7
CjED:CPD:DKW:JLA:klc
COUNCIL MEETING: April 28, 1987
Santa Monica, California
TO: Mayor and city Council
FROM: city staff
SUBJECT: Recommendation to Develop Zoning Regulations Relating
to Movie Theater Development
INTRODUCTION
This report responds to a request from the city council to
investigate the means the City has at its disposal to direct
movie theater development to the Third street Mall Specific Plan
Area, (bounded by Wilshire Boulevard, 2nd street, Broadway and
4th Street) to assure that residential neighborhoods will not be
negatively impacted by cinema complex development, and to assess
the ability of the city to absorb an increase in theater seats.
staff has researched the number of existing and proposed
theaters, held discussions with developers, theater managers,
owners and citizens, and evaluated existing and proposed zoning
regulations relating to theaters.
This report recommends that the Council direct the Planning
Commission to review and make recommendations wi thin 45 days
concerning the incorporation of language in the proposed Zoning
Ordinance, or amendment of Interim Ordinance #1321 as follows:
1. Allow by right movie theater uses in the Third street
Mall Specific Plan Area, providing that when more than
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4,000 new seats are developed that movie theaters in
the Third street Mall Specific Plan Area will be
subject to a Conditional Use Permit:
2. Allow new movie theater uses by Conditional Use Permit
in the remainder of the downtownj and
3. Allow existing movie theaters to remain, but prohibit
new movie theater uses in other areas of the city.
BACKGROUND
The City council directed staff on January 27, 1987, to perform
an analysis on the demand for and the need to regulate movie
theater projects in the city, with particular emphasis on the
Third street Mall specific Plan Area. The Council requested that
the investigation include mechanisms which could be used to avoid
negative impacts on residential neighborhoods by cinema complex
development. Additional concerns identified by the Council and
by community groups included potential adverse traffic and
parking effects of movie theater projects, the issue of whether
the City would be faced with an excessive number of such uses,
and whether a policy objective of encouraging theaters in the
Third Street Mall Specific Plan Area should be developed.
staff's analysis of the theater issue included surveying existing
theaters in Santa Monica, investigating what appeared to be the
sudden interest in Santa Monica as a site for proposed new cinema
development, and gathering information on how many movie theaters
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a given area could acconrmodate. The analysis consisted of
surveys conducted over the phone or in meetings with theater
owners or managers and representatives of developers. It also
included a meeting with the Mid-city neighborhood organization,
which has organized a special group on the issue of movie theater
development.
Existing Theaters
There are currently six movie theater complexes in Santa Monica
(see Table 1) which would be impacted by new theater development
in the city. When asked how many more seats they felt the City
could absorb, some managers commented that 5,000 seemed a
reasonable number but did not speculate as to what number of
seats was too many. Managers of some such establishments noted
that they did not necessarily show first-run movies as the
mainstay of their business. These existing operators might be
able to share in the market better, since new theaters would be
expected to show predominately first-run movies.
There is a seventh existing theater, located on the Third street
Mall, which is currently closed. Staff has been informed that
this single screen, 1,000 seat theater is being considered for
renovation to perhaps a 4 screen theater (seat number not
available at this time).
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TABLE 1
EXISTING THEATER SEATING IN SANTA MONICA
Monica 1,100 seats 4 screens
Brentwood 910 seats 2 screens
Aero 641 seats 1 screen
Wilshire Twin 778 seats 2 screens
Pussycat 394 seats 1 screen
Latino 776 seats 1 screen
Total 4,599 seats 11 screens
Proposed Theaters
The city is aware of five proposed new theater developments (see
Table 2) through formal applications and informal discussions
with potential applicants.
It is important to note that the
application for theater development on the 2300 block of Wilshire
for 1,800 seats has expired and no new application has been
submitted.
Staff explored with these developers the sudden
interest in Santa Monica with respect to new movie theater
development and learned that the first-run film distribution
marketplace has been expanded recently from a few zones such as
Hollywood and Westwood to other areas including century City,
Marina del Rey, Beverly Center, West Hollywood and Santa Monica.
This is not attributable to more films being shown or an increase
in audience size.
Developers noted that with more screens in
operation, profits will be spread over a wider market, and travel
time and commute distance will be shortened for moviegoers.
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TABLE 2
PROPOSED THEATER DEVELOPMENTS IN SANTA MONICA
309 Broadway 1,120 seats 4 screens
234 pica (bowling alley site) 1,856 seats 6 screens
Newberry Santa Monica Mall 1,500 seats 6 screens
Colorado Place (Phase II) 2,500 seats 8 screens
PicojCloverfield (Smart & Final
Iris site) 1,144 seats unknown
Total 8,120 seats 24 screens
Parking for theater use was also discussed with developers. Many
new theaters are proposed for sites where there is existing park-
ing available, such as shopping centers, as it is very expensive
to provide parking for just theater patrons.
Thus addi tional
theaters are being proposed in the Beverly Center, Century City
Mall and in other commercial areas. Most of the proposed movie
theaters for Santa Monica are linked to existing parking or
parking which would otherwise be developed for other proj ects
( II shared parking").
Shared parking could occur in the Third
Street Mall Specific Plan Area should theaters be built there.
The parking structures are actively used in the daytime but in
the evening and at night (when theaters are most in use) there
are far less parking spaces utilized. The Downtown Parking study
of 1981 and the Third street Mall specific Plan Background Report
(pages 52- 66) and EIR all concluded that City parking structures
typically peak at 2:00 or 3:00 p.m. for two hours and competition
for space is minimal by 5:00 p.m.
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When asked to express their concerns about potential theater
development, a group of residents from the Mid-City area who had
organized in response to the now-defunct Wilshire theater
development discussed the negative impacts they perceived would
occur should theaters be allowed on commercial streets such as
wilshire and Santa Monica Boulevards.
They felt, due to the
large residential population bordering these two commercial
corridors, that multi-screen houses would bring traffic, noise
and parking problems into their neighborhoods during a wide range
of hours.
Participants in the discussion felt that the Third
Street Mall was an appropriate location for theater development
and that it might assist in the Mall's recovery.
Zoning Regulations
The City's existing zoning regulations (see Table 3) allows
discretionary review.
theaters in several zones as a permitted use without special
TABLE 3
ZONES PERMITTING THEATERS IN THE EXISTING CODE
Zones
Neighborhood Commercial (C2)
General Commercial (C3)
Highway Commercial (C4)
Commercial Recreational (CR)
Main street Special
Commercial (CM)
Limited Industrial (MI)
Special Industrial (MIA)
General Industrial (M2)
Conditions
permitted
permitted
permitted
permitted
permitted if less than 75 seats,
subject to CUP if more than
75 seats
permitted
permitted
permitted
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The city is currently developing a new Zoning Ordinance which has
been reviewed by the city Planning Commission and will be
presented to the city Council for review and public hearings in a
few months. The proposed zoning ordinance (see Table 4) allows
theaters in commercial zones, but requires a Conditional Use
Permit (CUP) in most zones. The process involved in obtaining a
CUP allows the Planning Commission discretionary review of a
particular project. The objective of the review, which takes
place at a public hearing, is to ensure that the project is
compatible with existing uses in the general area, that traffic
and parking congestion will not result and that development
conforms to submitted plans, the City I S Master Plan and zoning
standards and does not negatively impact public health, safety
and general welfare per Section 9148 of the Municipal Code.
Although the existing ordinance allows theater use in certain
districts (see Table 3), Ordinance 1321, adopted by the city
Council as an interim development procedure during the revision
of the existing zoning Code, requires approval of a Development
Review Permit (DR) for any entertainment use. Section 9129F(1),
SMMC, requires that movie theaters have one parking space per
four fixed seats, and the proposed Zoning Ordinance would
maintain this standard.
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TABLE 4
ZONES PERMITTING THEATERS IN THE PROPOSED CODE
Zone
Conditions
Residential-visitor
Commercial (RVC)
sUbject to CUP
Neighborhood
Commercial (C2)
permitted with fewer than
75 seats, over 75 seats
subject to CUP
Downtown
Commercial (C3)
permitted
Downtown Core (C3-C)
permitted if existing, new
subject to CUP
Highway
Commercial (C4)
permitted if existing, new
subject to CUP (please
note that the published
version of the draft
Ordinance does not include
the CUP requirement due to
a typographical error)
Boulevard
Commercial (C6)
permitted if existing, new
subject to cup
Main street Special
Commercial (CM)
permitted with fewer than
75 seats, over 75 seats
with CUP
Civic Center (CC)
permitted
Site Review
15,000 -
30,000 sf
depending
on location
15,000 sf
75,000 sf
75,000 sf
30,000 sf
Lincoln
and pico
35,000 sf
other
40,000 sf
15,000 sf
100,000 sf
Table 4 illustrates district specifications for theater use in
the proposed Zoning Ordinance. The objective of these standards
is to encourage theater use in the Downtown area. In most other
districts, theaters would require discretionary review in order
for the city to monitor the potential traffic, parking and
pedestrian activity impacts.
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The proposed standards listed above were developed for the Draft
Zoning Ordinance when there was not the interest and concern
about movie theater development that the City is currently
experiencing. It is therefore appropriate to re-evaluate the
suggested permitted zones and perhaps modify the proposed code
text.
ANALYSIS
As part of the Cityrs goals, which are incorporated into the Land
Use and Circulation Elements (LUCE) and the Third street Mall
Specific Plan, there are objectives specifically calling for uses
on the Mall that will encourage activity there during both
daytime and evening hours and will encourage entertainment and
cultural uses. These Objectives and policies include:
Objective 1.3: Reinforce Downtown as the focus of the City,
supporting the greatest concentration of activity.
policy 1.3.1: Encourage the concentration of land uses and
activities which create activity in both the daytime and
evening hours.
policy 1.3.2: Make Downtown a primary location for
commercial use, with priority given to comparison retail
uses including uses that serve out-of-town visitors, and
uses that encourage street activity after normal business
hours.
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Policy 1.3.3: Encourage the construction of maj or enter-
tainment or cultural uses in Downtown.
Policy 1. 3.4: In the Downtown Core area, require that a
majority of ground floor street frontage on a block-by-block
basis be active, pedestrian-oriented use (shop-fronts,
cultural activities, cafes, and other uses catering to
walk-in traffic) in order to promote pedestrian activity at
the ground floor. In the Downtown Frame area, require
pedestrian-oriented design features for all ground floor
street frontage).
The Third street Mall Specific Plan
objectives and policies reflective of
revitalize the Mall. One objective is:
(TSM)
the
contains
Council's
specific
goal to
TSM Objective 4.1: Recognizing the important role the Third
street Mall can play in making Downtown the activity focus
of the City, encourage revitalization of the Third street
Mall. Revitalization plans should accommodate goods,
services, and urban design features which address the needs
of both existing residents living near the Mall and a wide
range of consumers visiting the Mall (adopted General Plan
Land Use objective 1.4).
The policies encouraging uses related to cultural activity and
new entertainment facilities are as follows:
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TSM Policy 4.1.1: Concentrate comparison retail uses and
other complementary uses (such as hotels, offices, cultural
facilities, restaurants, social services, and housing) on or
near the Third street Mall as necessary to provide a
catalyst for its revitalization (General Plan LUE POlicy
1.4.1) .
TSM Policy 4.1.3: Promote appropriate retail and cultural
activity within the Mall right-of-way (farmers' market, out-
door cafes, flower stands, performing and visual arts, etc.)
(General Plan LUE Policy Policy 1.4.3).
TSM Policy 4.1.5: Provide for the development of new uses
which increase the economic acti vi ty of the Third street
Mall, including retail and specialty commercial, eating and
drinking establishments, entertainment facilities (theatres,
clubs, etc.), professional offices, and hotels.
TSM Pol icy 4 . 1. 8: Allow for the development of retail,
professional offices, personal and business services,
entertainment, restaurants, cultural, educational, health
facilities, artist studios, and other related uses above the
first floor of structures.
TSM Policy 4.1.9: Promote new cultural activities and uses
within the mall space and/or adjacent structures.
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TSM Policy 4.1.11: Encourage the introduction of uses which
would attract nighttime use of the mall, such as movie
theatres, cultural performance halls, restaurants, and
entertainment facilities.
All of these objectives and policies clearly illustrate the
appropriateness of encouraging movie theater development in the
Third street Mall Specific Plan Area. Theaters would bring
people to the area in the evening as well as the daytime and
enhance existing businesses. The Third Street Development
Corporation Board of Directors discussed theater development and
determined that for the Third Street Mall Area the desirable goal
for number of seats ranges from a minimum of 2,500 to a maximum
of 4,000 seats, with a minimum of two operators.
Another City goal is the protection of existing residential
neighborhoods from impacts caused by commercial uses. To protect
residential areas from the potentially negative traffic, parking
and noise created by theaters, it appears appropriate that
theater development be prohibited or significantly restricted on
strip commercial streets, adjacent to residential areas, such as
Santa Monica, Wilshire, Pico, Main and Montana.
The Colorado Place theaters are permitted under an existing
Development Agreement and would not be affected except through
amendment of that Agreement. Through encouraging movie theater
development on the Mall as of right, and in the remainder of the
downtown by CUP, the city could provide entertainment uses to the
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community and avoid negative impacts on residential areas and on
the ambiance of the city.
BUDGET/FINANCIAL IMPACT
The recommendations of this report have no budget/financial
impacts.
RECOMMENDATIONS
It is respectively recommended that city council direct the
Planning Commission to review and comment within 45 days
concerning the following zoning and policy options:
1. Allow cinema use, as of right, in the Third Street Mall
Specific Plan Area. When more than 4,000 new seats are
developed then future development of theaters will be
subject to a Conditional Use Permit.
2. Allow new movie theater development by Conditional Use
Permit in the remainder of the downtown.
3. Allow existing theaters to remain, but prohibit new
cinema development in other areas of the city.
Prepared by: D. Kenyon Webster, Senior Planner
Joan L. Akins, Assistant to the Director of
community and Economic Development
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MICHAEL BROURMAN
ATTORNEY AT LAW
TWO Ce:NTURY "'L-AZA SUITE lBOO
2049 CE"'~vAY "'...1'0>< EAS-
LOS ANGELES. CALIFORNIA 90067
TE LEI" HON E [2131 S51-0 116
April 17, 1987
D. Kenyon Webster
Senior Planner
Planning DiVIsion
1685 Main Street
Santa Mon1ca, CalIfornia 90401-3295
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Dear Mr Webster:
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We would like to thank you and your associate for
meetIng with US on the evening of March 17, and affording us an
opportunity to present our views regarding proposed restrictions
on future theater development in our city. As you are aware, our
group represents residents lIving primarily in the area bounded
by Idaho Avenue on the north and Santa Monica Boulevard on the
south and ly i ng between 20th and 26th Streets. Our group was
formed last November as a direct result of the widespread
opposition within our communIty to a proposed multl-entertalnment
complex. (includIng SIX theaters) whlch is planned for our
neighborhood.
We believe that we speak for the overwhelmIng majority
of our neIghbors in expressing our adamant opposition to
perm i t t i ng any new the a ter s in our ne ighborhood. We strongly
support adoptlon of a city ordInance WhICh would make theaters
(and other commercial entertalnment activIties) a non-permltted
use in locations other than the downtown area.
Our oppos i t ion, and that of our fellow resldents, is
based upon the following grounds, among others:
First and foremost, we believe that any future
development along Wilshire Boulevard must be predicated upon the
fundamental recognition that it lies in the heart of an
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D. Kenyon Webster
April 17, 1987
Page Two
essentially residential neighborhood. There simply is no buffer
zone separating our homes from the commercial buildings along
Wilshire. Consequently, we believe that all future development
must be compatible with the resldential character of our area.
Theaters, we submit, impose unwarranted and
unacceptable burdens on our neighborhood. They would
unquestionably create lncreased vehicular traffic on our already
congested streets and compound an already serlOUS parking
problem. They also would result in unacceptable increases in
nOlse, litter and trash; and would substantially disturb the
tranquillty of our neighborhood, particularly in the evening
hours.
Additionally, the overflowing of our streets with the
young clientele to whom such theaters cater would undoubtedly
encourage the development of other businesses catering to that
same clientele. Thus, we believe that the ultimate result would
be the conversion of our neighborhood into an area simllar to
Westwood Village. This we can not, and will not, accept or
allow.
All of us are proud to be resldents of Santa Monica.
We are aware that throughout the hlstory of our clty concerned
resldents like us have organized and worked together with city
offlcials to make it a very desirable place to live, work and
play. We believe that such a combined community effort is in
large measure what makes Santa Monica unique and differentiates
it from surroundlng communIties. We are also aware that the very
desirab~lity of our Clty creates constant pressures from
developers who wish to cash in on that deslrabllity. Unless
carefully monitored and controlled by a vigilant community and
responsive public officials, such development would ultimately
destroy the very unlqueness which now makes Santa Monica so
attractIve, and would greatly diminlsh the quality of life here.
It is our lntentlon to lnsure such a result does not occur, and
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D. Kenyon Webster
April 17, 1987
Page Three
we believe that the adoption of a city ordinance making theaters
a non-permitted use in our neighborhood is an important step in
that effort.
Please contact us if we can be of any further
assistance.
Slncere1y,
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SandylAndrews
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Hilarie Kelly
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Mindy PilY e
1236 2'3rd St. eet
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Michael Brourman
1237 22nd Street
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2300 Washloglon ~enue
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Gordon '.J?~
1236 23rd Street
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1218 23rd Street
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M~lfr~ Schlosser
2303 Cal~fornia Avenue
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2316 Callfornia Avenue
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