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SR-400-002-01 (11) . CA:RMM:ll232/hpc city Council Meeting 9-8-87 . Santa Monica, California STAFF REPORT ~c SEP - 8 1987 Lloo -00.;). - t1 I TO: Mayor and City Council FROM: City Attorney SUBJECT: Ordinance Amending the Text of the Comprehensive Land Use Ordinance to Amend Santa Monica Municipal Code Section 9119B to Permit Four Restaurants in Block 6 of the Main street Commercial District At its meeting on May 26, 1987, the City Council held a public hearing on transmittal of the Planning Commission's recommendation regarding a requested text amendment which would amend Santa Monica Municipal Code Section 9119B to permit four restaurants in Block 6 of the Main street Special Commercial District ("CM District"). Santa Monica Municipal Code section 911gB currently allows two restaurants per block in the CM District, without exception. Subsequent to the public hearing, the City Council directed the City Attorney to prepare an ordinance that would effectuate a text amendment to permit four restaurants in Block 6 of the CM District. In response to this direction, the accompanying ordinance has been prepared and is presented for City council consideration. - 1 - ?-c SEP - 8 1!81 . . RECOMMENDATION It is respectfully recommended that the accompanying ordinance be introduced for first reading. PREPARED BY: Robert M. Myers, City Attorney Laurie Lieberman, Deputy City Attorney - 2 - . . CA:ll:11231/hpc City Council Meeting 9-8-87 Santa Monica, california ORDINANCE NUMBER (city council Series) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA AMENDING THE COMPREHENSIVE LAND USE ORDINANCE BY AMENDING SECTION 9119B OF THE SANTA MONICA MUNICIPAL CODE TO ALLOW FOUR RESTAURANTS IN BLOCK 6 OF THE MAIN STREET COMMERCIAL DISTRICT WHEREAS, an application for a text amendment to the Comprehensive Land Use Ordinance was filed with the Planning Division in connection with a project located at 2518 Main Street, which would permit four restaurants in Block 6 of the Main Street Commercial District: and WHEREAS, notice of the time, place, and purpose of hearing on the proposed text amendment before the Planning Commission was duly published in the Santa Monica Evening Outlook on March 27, 1987; and WHEREAS, the Planning Commission held a public hearing on the proposed text amendment on April 6, 1987: and WHEREAS, the Planning Commission adopted written findings and a recommendation that the City Council adopt the proposed text amendment on April 6, 1987, duly transmitting such findings and recommendations to the applicant and to the City Council: and WHEREAS, the city Council considered the findings and recommendation of the Planning Commission in connection with the proposed text amendment at its meeting of May 26, 1987, and - 1 - . . directed the City Attorney to prepare an ordinance adopting the text amendment; and WHEREAS, notice of the time, place, and purpose of hearing on the proposed text amendment before the City council was duly published in the Santa Monica Evening Outlook for one week prior to September 8, 1987; and WHEREAS, the city Council has considered the findings and recommendations of the Planning commission in connection with the proposed text amendment at its meeting on September 8, 1987, NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SANTA MONICA DOES ORDAIN AS FOLLOWS: SECTION 1. Section 9119B of the Santa Monica Municipal Code is amended to read as follows: SECTION 9119B. Uses Permitted. The following uses are permitted in the "eM" Main street Special commercial District: 1. Residential uses, except motels, hotels and hostels, are permitted above the first floor. 2. Any of the following uses of conducted within an enclosed building in accordance with the special conditions set forth in section 9119B4: a. Retail stores and offices. b. Antique and second-hand stores. c. Banks. - 2 - . . d. Bakery. e. Bicycle shop. f. Delicatessen. g. Dressmaker. h. Drug store. i. Feed or fuel store. j. Film exchange or developing. k. Florist, flower and plant nursery. 1. Gymnasium, dance studio. m. Ice-cream store (retail ice cream only, no seating). n. Laundry, laundromat, dry cleaners. o. Medical and dental clinics or laboratories. (Laboratories permitted above the first floor only.) p. Pet store, taxidermist. q. Print or publishing shop. r. Plumbing shop. s. Repair shops for household equipment. t. Theaters and auditoriums with fewer than 75 seats. u. Upholsterer's shops. v. Wholesale stores public is invited. were - 3 - . . w. Restaurants with fewer than 50 seats. (See Section 9119B4d). x. Such other uses as the Zoning Administrator may find to be similar to those listed above and not more obnoxious to surrounding property. 3. Any of the following uses upon issuance of a Conditional Use Permit under the provisions of Section 9148: a. Automobile repair and service. b. Restaurants with 50 seats or more. (See Section 9l19B4d.) c. Bars. (See Section 9119B4e. ) d. Fast-food and take-out establishment. (See Section 9119B4d.) e. Business college. f. Catering business. g. Hotels and hostels, north of Bay street only (not motels). h. Liquor store in which more than 50 percent of the display area is devoted to alcoholic beverages. i. Music conservatories and instruction. j. Sign painting. k. Trade schools. - 4 - . . 1. Theaters and auditoriums with more than 75 seats. m. Any single continuous, integrated use occupancy in excess or of 8,600 square feet of floor area. n. Any single occupancy or contiguous, integrated use in excess of 75 feet of ground-floor Main street frontage. o. Any existing use wishing to add regularly scheduled entertainment for which there would be inadequate parking. 4. special Restrictions. Uses permitted in the t1CM" District shall comply with the following special restrictions: a. First floor uses must be "public invited" establishments. A "public invited" establishment is one that permi ts entry for the purpose of doing business to the public generally. An establishment does not lose its pUblic invited character because the business may be transacted by appointment only, or because a reception area or other internal barrier is interposed between the public and business offices. h. First floor retain or restaurant uses may extend to a mezzanine - 5 - e . level not exceeding 40 percent of the first floor area. c. Second floor retail uses must be "community oriented." For purposes of this section II community oriented" is defined as those uses which provide commercial goods likely to be consumed to a regular basis in the normal life of the adjoining community. d. Restaurants are limited to two restaurants per block unless otherwise specified in this Section (a block being both sides of Main Street and, where applicable, the adjacent sides of adjoining side streets). Portions of Main Street to be designated "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 Street to Ashland. Block 4: Ashland to Hill street. Block 5: Hill street to Ocean Park. - 6 - . . Block 6: Ocean Park to Hollister (4 restaurants permitted in this block). Block 7: Block 8: Block 9: Block 10: Hollister to strand. strand to pacific. Pacific to Bicknell. Bicknell to Bay Street. Block 11: Bay street to Pica Boulevard. Restaurants with more than fifty (50) seats, restaurants with a substantial take-out business, and any second floor restaurant use will require a Conditional Use Permit. (Restaurants are defined as establishments serving a variety of unpackaged foods prepared on site for consumption). e. Bars may not exceed seven in number south of Ocean Park Boulevard nor five in number north of Ocean Park Boulevard. No bars shall be located on any Main street corners. (For purposes of this section, bars are defined as establ ishments wi th "publ ic premises II liquor licenses and restaurants with a liquor serving facility that is physically separate from the dining area and is - 7 - . regularly . operated during hours not corresponding to food service hours.) Condi tional Use permi ts are required for all bars. 5. prohibited Uses. The following uses are specifically prohibited in the "eM" District: a. Bars above the first floor. b. Billboards. c. Billiard parlors and pool halls. d. Bowling alleys. e. Drive-in or drive-through uses. f. Game arcades. g. Motels. h. Retail uses above the second floor. i. Restaurants above the second floor or on the second floor of a site where there is an existing restaurant. j. Sex-oriented uses. SECTION 2. 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 - 8 - . . further, is hereby repealed or modified to that extent necessary to affect the provisions of this ordinance. SECTION 3. 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 the 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 4. 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. effective 30 days from its adoption. The ordinance shall be APPROVED AS TO FORM: ~"- ROBERT M. MYERS City Attorney L- '0 - 9 -