SR-400-002-01 (11)
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CA:RMM:ll232/hpc
city Council Meeting 9-8-87
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Santa Monica, California
STAFF REPORT
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SEP - 8 1987
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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.
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SEP - 8 1!81
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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
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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
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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.
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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
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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.
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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
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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.
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.
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
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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
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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:
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ROBERT M. MYERS
City Attorney
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