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SR-400-002-01 (12) . . II-A MAY 2 6 \987 Santa Monica, California C/ED:RAS:KR:nh council Mtg: May 26, 1987 'If} 0 -00 ~ - 0 I TO: Mayor and City council FROM: City staff SUBJECT: Recommendation To Direct City Attorney to Prepare an Ordinance to Amend Section 9119B.4.d (SMMC) of the Main Street Special Commercial District Regulations To Allow Four Restaurants In Block 6. INTRODUCTION This report transmits the Planning Commission's findings and recommendation that the Text of Section 9119.4.d (SMMC) of the Main street Special Commercial District be amended to permit four restaurants in Block 6 and recommends that the Council direct the City Attorney to prepare an ordinance to amend the text of Section 91l9B.4.d (SMMC). Extensive background information about this proposal, which was initiated by a record owner of one of the parcels in the block, is contained in Attachment A, the staff report to the Planning Commission. Attachment B contains the Commission's findings in support of its recommendation that the City Council amend the zoning text. BACKGROUND On February 26, 1987, Roger Webster, record owner of the property at 2518 Main Street filed an application for a Text Amendment to amend Section 9119B.4.d (SMMC) of the Main street Special Commercial District RegUlations. The application was deemed It--A ~"t 2 6 19&1 - 1 - . . complete on March 17, 1987, following receipt of supplementary material concerning the public process which occurred. section 9119B.4.d (SMMC) currently states the following: "Restaurants are limited to two restaurants per block (a block being both sides of Main Street and the adj acent sides of adjoining side streets). Portions of Main street to be designated "Blocks" for purpose of this section are: Block l: South City Limits to Marine street i 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 i Block 7: Hollister to strand; Block 8: Strand to Pacific; Block 9: Pacific to Bicknell; Block 10: Bicknell to Bay; Block ll: Bay to pico." The applicant proposed to divide Block 6 into two blocks, with one block extending from Ocean Park Blvd. to 2500 Main street and the other block extending from 2499 Main street to Hollister Avenue, allowing two restaurants in each of the blocks. Currently Block 6 consists of both sides of Main street and is bounded by Ocean Park Blvd. and Hollister Avenue. Although this application for a Text Amendment applies generally to the CM district, the request was made in order to address the status of Bono Fortuna a restaurant which is operating without proper permit approval at 2518 Main Street. On April 4, 1987, following publication of a public notice in accordance with Municipal Code section 9149C2b (SMMC), the - 2 - . . Planning Commission conducted a public hearing on the application. The Commission considered the staff report and accompanying data in support of the application as wel1 as the public testimony presented which was all supportive of the amendment. The public testimony highlighted the exceptional length of Block 6 in relation to other blocks identified in the Main street Plan and that the majority of patrons of the restaurants in this particular block walk to the restaurants and therefore do not generate traffic in the area. As outlined in the Planning Commission staff report, (Attachment A), staff recommended that the amendment be approved, but rather than dividing Block 6 into two blocks, four restaurants be allowed on Block 6 given its exceptional length. This would preserve the status quo and bring the 3 existing restaurants located in the 2400 block (The Galley, Gilliland's, and the restaurant contained in the Edgemar Development) into conformance with the Main street Plan and permit a fourth restaurant in Block 6 to properly apply to operate. Following the public hearing, the five Planning commissioners who were present, unanimously adopted a motion recommending that the City Council approve the text amendment as follows: Restaurants are limited to two restaurants per block unless otherwise specified in this section. (A block being both sides of Main street and the adj acent sides of adjoining side streets.) Portions of Main street to be designated "Blocks" for purpose of this section are: Block 1: South City limits to Marine - 3 - e . street; Block 2: Marine street to Pier Avenue: Block 3: pier to Ashland; Block 4: Ashland to Hill; Block 5: Hill to Ocean Park; Block 6: Ocean Park to Hollister (4 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. A copy of the findings signed by the Commission Chairperson was mailed to the applicant on May 6 in conformance with section 9149C.3. (SMMC). CITY COUNCIL AUTHORITY Under Section 9149C.3. (SMMC), the City council may by ordinance effect the proposed amendment to text, or any portion thereof, and may set the matter for public hearing prior to adoption of any such ordinance. The Council may also decline to take any action on the recommendation. BUDGET/FISCAL IMPACTS The recommendations presented in this report do not have a budget/fiscal impact. RECOMMENDATION It is respectfully recommended that the City Council direct the City Attorney to prepare an Ordinance for introduction on June 23, 1987, amending the text of Section 9119B.4.d (SMMC) as recommended by the Planning Commission. - 4 - . . Prepared by: Karen Rosenberg, Associate Planner Suzanne Frick, Principal Planner R. Ann Siracusa, Driector of Planning City Planning Division community and Economic Development Department Attachments: A. April 4, 1987 Planning commission staff Report and Accompanying Material. B. statement of Official Action. CCText KR.:nh 05/07/87 - 5 - ... ". . . A"""HM2Hr A . . CITY PLANNING DIVISION Community and Economic Development Department MEMORANDUM DATE: April 6, 1987 TO: The Honorable Planning Commission FROM: R. Ann Siracusa, Director of Planning SUBJECT: To Permit the Text of section 9119B.4.d (SMMC) of the Main street Special Commercial District Regulations to be Amended, Dividing Block 6 into Two Blocks, Allowing Two Restaurants in each of the Blocks. Applicant: Roger Webster, Property Owner of 2518 Main Street. PROPOSED PROJECT On February 26, 1987 Roger Webster, record owner of the property at 2518 Main street filed an application for a Text Amendment to amend Section 91l9B.4.d (SMMC) of the Main Street Special Commercial District Regulations. The application was deemed complete on March 17, 1987 following receipt of the supplementary material concerning the public process which occured. Mr. Webster filed the application on behalf of Christy Bono, owner of Bono Fortuna, an existing delicatessen with seating at 2518 Main Street for the purpose of permitting this restaurant to continue operation as a regular use. Section 9119B.4.d (SMMC) currently states the fol1owing: "Restaurants are limited to two restaurants per block (a block being both sides of Main street and the adjacent sides of adjoining side streets). Portions of Main street to be designated "Blocks" for 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; 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.1I As proposed by the applicant, Block 6 would be divided into two blocks, with one block extending from Ocean Park Blvd. to 2500 Main street and the other block extending from 2499 Main street to Hollister Avenue, allowing two restaurants in each of the blocks. currently Block 6 consists of both sides of Main street and is bounded by Ocean Park Blvd. and Hollister Avenue. As a result of this amendment there would be 12 blocks identified in - 1 - .- .. . this section of the ordinance and each block would be permitted to have two restaurants. CEQA STATUS The proposed text amendment is prov~s~ons of CEQA, city of Implementation (Class 5 (9)). FEES categorically exempt from the Santa Monica Guidelines for The proj ect is exempt from the Housing and Parks Mitigation Program contained in the adopted Land Use and Circulation Elements of the General Plan. ANALYSIS Although this application for a Text Amendment applies generally to the CM District, the request has been made in order to address the status of Bono Fortuna an illegally operating restaurant located at 2518 Main Street. Existing status of Bono Fortuna On August 3, 1983 Bono Fortuna was issued a business license to operate as a retail ice cream shop. Under Section 9119B.2.M (SMMC) ice cream shops are permitted in the Main street Special commercial District with no seating. Subsequently, customer seating was installed and the operation was expanded to include other types of food prepared on the premises. As a result of an enforcement action, Ms. Bono was informed that since there already were two restaurants in the block, she could not operate her business as a restaurant and therefore would have to remove the seats. She was informed that she could apply for an Administrative Approval to operate as a delicatessen with no customer seating. Following receipt of the application, on June 6, 1986 an Administrative Approval was granted to permit the business to be changed~from an ice cream store to an italian delicatessen with packaged products for take-out sales and incidential sandwiches, with the condition that no seating be provided. On June 25, 1986 a Conditional Use Permit (CUP 430) was filed to permit the business to have an on sale beer and wine license, #41 for a public eating place. On August 15, 1986 Planning staff informed the applicant that since the business could not operate as a restaurant under the existing ordinance, a beer and wine license for a public eating place could not be issued. On september 23, 1986 the applicant withdrew the CUP application. Planning staff subsequently informed the applicant that the only way that Bono Fortuna could operat~ as a restaurant with seating would be through a Text Amendment to the Main street Plan and as a result, the application which is before you was filed. - 2 - .: . . ~nalysis of Lengths of Blocks Under section 9119B.4.d. (SMMC) 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 District in order to protect the surrounding neighborhood from being overrun with restaurants and to encourage a mix of services and uses in each block. The following chart illustrates the lengths of the blocks under Section 9119B.4.d (SMMC). Lengths of Blocks in Feet Defined Under section 9119B.4.d. ( SMMC) Blocks Main street Neilson Way 2nd street Total East West 1 155.9' 120.36' 100. , 161. , 537.26' 2 161. , 189. , 200. 1 161. , 711. 1 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. I 300. , 300. , 900. , 9 300. I 300. , 300. , 900. , ~- 10 300. , 300. , 283.75' 883.75' 11 300. , 300. , 221.651 821. 65' As illustrated by the chart, Block #6 for which a text amendment is sought, is currently the longest block within the Main street Special Commercial District. It is 1098.42' longer than Block #1 which is the smallest block in the district and 480.82' longer than Block 3, the second longest block in the district. Therefore, it would seem reasonable to permit more than two restaurants in this block because a mix of services would still be able to be provided on this block. Currently, within block 6, in addition to Bono Fortuna, there are three restaurants. These include The Galley at 2442 Main street, Gilliland's at 2424 Main Street and approval for a 75 seat restaurant at the mixed use development under construction at 2435 Main Street. The applicant has proposed to split block six - 3 - , " . . into two blocks with one block extending from Ocean Park Blvd. to 2500 Main street and the other extending from 2499 Main street to Hollister Avenue. If adopted, this proposal would create the ability for a new restaurant to open in the 2500 block of Main street in that there currently are three restaurants in the 2400 block and only one illegally operating restaurant in the 2500 block. Therefore, Planning staff recommends that Block 6 not be split into two blocks, but rather, four restaurants be allowed on Block 6 given its exceptional length. This would preserve the status quo and bring the three existing restaurants in the 2400 block into conformance with the Main street Plan, and at the same time allow Bono Fortuna to properly apply for a permit to operate as a restaurant. This may entail a Conditional Use Permit and Parking Variance depending upon the nature of the business and amount of seating requested. Planning Commission Authority and Procedures The application for a text amendment is unique among applications considered by the Commission in that specific procedures are provided under SMMC Section 9149. "SECTION 9149. Zone Changes and Amendments. Whenever the public necessity, public convenience, general welfare, or good zoning practice require, the Council by ordinance, after report thereon by the Commission and subject to the procedure provided in this section, may amend, supplement or change this Chapter, including the regulations, district boundaries, or classifications of property. An amendment, supplement, reclassification or change may be initiated by a resolution of intention by the Commission or the Councilor by a verified application of one or more of the record owners of property within the area proposed to be changed. SECTION 9149C.2: After the filing of a Text Amendment application and accompanying data as may be deemed necessary, the commission within 30 days thereafter shall conduct a public hearing on the matter. In any case concerning a change of the text of this Chapter, notice of the time, place and purpose of such hearing shall be published in a newspaper of general circulation in the City for one week before the date of hearing and the title of such notice shall consist of the words "Notice of Proposed Amendment to Comprehensive Land Use Ordinance" in larger type than that used for the balance of the notice. SECTION 9149.3: Decision by Commission and Council. If, from the facts presented, the Commission finds that public necessity, public convenience, general welfare, or good zoning practice, requires the amendment, the commission shall recommend such amendment to the council, otherwise the application shall be disapproved. The Commission shall make its findings and recommendation in writing within 40 days from the date of filing of an application. If the Commission recommends the approval of the application, the Commission's report and recommendations shall be transmitted to the Council. The council may by ordinance effect such amendment, and if deemed advisable, before - 4 - .... ' . ., the adoption of said ordinance, may set the matter for public hearing." If the application is disapproved by the Commission, the applicant may appeal the decision within 20 days from the date the notification of disapproval was mailed to the applicant. The applicant's appeal must state specifically wherein the Commission I s findings were in error pertaining to the public necessity, publ1c convenience, general wel fare, or good zoning practice. The commission then must submit to Council a report disclosing in what respect it failed to find that the above criteria applied to the application. The Council may grant an appeal but prior to initiating any change, the Council must first hold a public hearing on the matter. Public Review Policy 1.6.7 of the Land Use Element states that "Future proposals to change the Main Street special commercial District and Main street Plan shall be considered by the Planning Commission and City Council only after review by residents, business people, and property owners living and working in the area." Currently, neither the Land Use Element nor the Municipal Code specify any particular process which must occur to satisfy this policy requirement. As outlined in the attachments to the staff report the applicant has met with Planning staff, representatives of the Ocean Park Community Organization (OPCO) and representatives of the Main Street Property Owners Association to review and discuss the proposed text amendment. The applicant has also provided signed petitions supporting the proposed amendment. Conclusion In that the analysis has demonstrated that Block 6 is considerably lar~er than any of the other blocks on Main Street as identified 1n Section 9l19B.4.d (SMMC), Planning staff believes that it would be good zoning practice to permit four restaurants in this block. Furthermore, by allowing four restaurants on block 6 the existing restaurants would be brought into conformance. RECOHMENDATION It is respectfully recommended that the Planning Commission: 1. Conduct a public hearing on the proposed text amendment, providing the applicant and any other i~terested members of the public an opportunity to be heard and present additional information. 2. Approve the Text Amendment as outlined below and according to the findings below and recommend such change to the Council for consideration. - 5 - . ..~., . . " Text Amendment: Restaurants are limited to two restaurants per block unless otherwise specified in this section. (A block being both sides of Main street and the adjacent sides of adj oining side streets.) Portions of Main street to be designated "Blocks" for purpose of this Section are: Block 1: South city limits to Marine street 1 Block 2: Marine street to Pier Avenue: Block 3: Pier to Ashland; Block 4: Ashland to Hill; Block 5: Hill to Ocean Park; Block 6: Ocean Park to Hollister (4 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. FINDINGS 1. The public necessity, public convenience and general welfare require the proposed text amendment to allow four restaurants in Block 6 in that the application has been supported by people in the area as evidenced by the signed petitions provided by the applicant. 2. Good zoning practice requires the proposed text amendment to allow four restaurants in Block 6 in that the block is considerably larger than the other blocks on the street, and the result will maintain the status quo by permitting the existing restaurants in the 2400 block to remain and allowing Bono Fortuna to operate legally as a restaurant. Prepared by: Karen Rosenberg, Associate Planner KR: nh TextAmen 04/01/87 Attachments: Exhibit A: Application for Text Amendment. Exhibit B: Chronological Outline Regarding Bono -, Fortuna's Public Process. Exhibit C: May 30, 1986 Letter to Tony and Christine Fasce from Ocean Park Community Organization. Exhibit D: Petitions in Support of Text Amendment. Exhibit E: March 1, 1986 Letter to Councilmember Reed from Jeff Spielberg. Exhibit F: Administrative Approval (AA 326), June 6, 1986. Exhibit G: Map Showing Block Lengths under Section 9119B.4.d (SMM~). - 6 - + ' ~. er A n1\o.~T r e( i PLANNIKG AND ZCXI~G DIVISIC~ Co~un~ty and EconOffilC Cevelopment Department ADMINISTRATIVE DETERMINATION CHECK-LIST ~IDNICIPAL CODE AND GENERAL PLAN COMPLIANCE FILE NUMBER: AA 326 SITE ADDRESS: 2518 Ma~n Street ZONING DISTRICT: CM2 LAND USE ELEMENT DISTRICT: PROJECT DESCRIPTION: Rec::uest: To permJ..t a change of use of an 1ce cream store wJ..th Sea1:.1ng to an ital1an dellcatessan Wl th packaged products for take out sales and incldent.al sar..dw.1ches. No seatlng w111 be prcvlded. SurrounC.1ng Context: CCITJr.ercl.al uses to sou1:.h (C:'12), cornmercla1 uses to north (CH2), a parkl.ng lot t.o west (FdA), Co~ercl.al uses to east (C~12). Cor~ercl.al ProJec~s: EXl.st1ng Square Feo1:.uge: Proposed Square Footage: 300 sq. ft. 800 sq. ft. Municlpal Code and General Plan Conformance: Category Munl.cl.pal Code Land Use Element ProJect Perna tted Use: cr12: public lnvl.ted uses at ground floor; perml.ts dell- catessens Same as Munlclpal Code Itallan Del.1- catessen; no seatlng Par~lng: 800 sq. ft. 1:300 sq. ft. = 3 parkl.ng spaces requl.red Same as Mun~cl.pal Code 6 parkll1g spaces prov1ded .. CEQA Status. The project lS categor1ca11y exewpt fron the provl- ~lons of CEQA, CJ..ty of Santa Honl.ca GUl.del1nes fer l~plerncntatl.on (class 1). - 1 - " . .r .( Ana1ys~s. The proposed change of use meets the requ~rernents of the Mun~c~pal Code and the pollc1es of the Land Use Element for the Maln Street Spec1al Cornmerclal D~str1ct by prov~d1ng a del- 1catessen at the ground floor street frontage WhlCh ~s a "publ1C invlted" use. A condition of approval will be that no seat1ng shall be permitted. LAND USE ELEMENT POLICIES x 1.6.7 Incorporate the land use and development standards and public reV1ew requirements in the Ma~n Street Spec1al COlT'- mercial Distrlct Ordinance adopted by the City Councll ln 1980. Maln Street should accommodate a var1ety of uses, including corrmerclal uses, WhlCh prov~de dally necesslties, places of employr:<ent, and leisure time opportun1 ties for those living ~n the surrounding communlty and the greater Santa Mon1ca area, as well as for the area's large nunber of tourists. Such uses lnclude but are not l~~lted to retail stores, offlces, banks, dellcatessens, laundromats, and small restaurants. The nurber and locatlon of uses whl.ch may adversely affect the ad]Olnl.ng nel.ghborhood such as ll.quor stores, bars, and larger restaurants shall be 11.ffi1ted or controlled to mlnlm1ze adverse lmpacts. Allowable 1ntens1tles shall be coropatlble wlth nearby ccrn- rnerc1al and reSldentl.al uses and shall be: x o 2 storl.es (27'), 1.5 FAR pe~rnl.tted fro~ P12r Avenue to Bay Street on the east Sl.de of i'1aln Street and Pler Commercl.al Corridors & Nelghborhood Commercial Distrlcts X 3.3.13 Requl.re ground-floor street frontage on cor~erc1al corrl.dors and nelghborhood CO!:lr.lercJ..al distrl.cts to feature pedestrlan-oriented des1gn qUGllt~es. DETEIUlINATION ThlS proJect ~s AdmlnlstratJ.vely Approved per Sect10n 2 Or- dinance 1321(CCS) subJect to the cond1t1ons spec1f1ed ~n the fol- lowing checklist. Condlt1ons. X Cl . a. Plans for flnal deslgn, S~ gnage shall be subJect to reVlew and approval by the Arch1tectura1 Revlew Board. Cl.b. Plans for f~nal des1gn and lan4scaplng shall be sub] ect to reV1ew and approval by the Arcln tectural Rev~ew Board. C2. The Arch1tectural ReVlew Board, 1n thelr reV1ew, shall pay partlcular attentJ.on to the proJect's pedestr~an orlen- tatlon and pedestr lu.n aF.en1 t1es: scale and artJ.cula tlon of desl.gn elements; exter10r colors, textures and materlals: w1ndow treatment; 91azl.n9; and landscaplng. - 2 - er e( x c3. M~nor arnend~ents to the plans shall be subJect to approval by the DLrector of Plannlng. An 1.ncrease of IT.ore than 10% of the square footage or a s1.gnlf1.cant change 1n the approved concept may be subject to Plannlng CorrrUSS1.on ReVlew. Construction shall be 1.n substantlal conformance wlth the plans submltted or as ITod1.fled by the Arch1.tectural Rev1.ew Board or D1rector of Plannlng. X C4. The r1ghts granted hereln shall be effect1.ve only when exerclsed Wl thln a perlod of one year from the effect1 ve date of approval. Upon the wrltt.en request of the appli- cant, the D1rector of Plann1ng may extend thls perlcd up to an addit~onal SlX months. CS. The applicant shall comply with all legal requlrements regardlng provlslons for the disabled, including those set forth in the Cal~fornla Adrn1nlstratlve Code, Tltle 24, Part 2. C6. a . The parking lot shall be scaped in conforLlance Wl th Sec. ( S~'1t-iC) . striped, 9l27.J.l screened and Sec. and land 9129.F.7 C6.b. Flnal park1ng lot layout and speclflcatlons shall be SUbJect to the reV1ew and approval of the Park1ng and Traf- fic Englneer. C7. Refuse areas I storage areas and mecha.n1cal equlpPlen t shall be screened ln accordance Wl th Sec. 91l7J. 2-4 (S~l!'lC). Refuse areas shall be of a S1.ze adeqt.:.a te to ITeet on-Sl te need. C8. A 5 to 6 foot SOlld masonry wall shall be prov1ded along property 11nes WhlCh abut resldentlal property In accordance with Sec. 9127.1 (SMMC). x C9. The operation shall at all tlrleS be conducted in a manner not detrlll'ental to surrounclng propertles or reSl- dents by reason of llghts, nOlse, actlv1tles, park1.ng or other actions. CIO. No nOlse generating conpressors or other such equlpment shall be placed adjacent to nelghbor1ng resldent1al bUlld.1.ngs. Cll. A secur1 ty plan shall be approved by the Ch~ef of Pollce pr10r to lSSUdnce of a Certlflcate of Occupancy. ..' C12. ProJect deslgn shall cOlT.ply \n th the bu~ldu~g energy regulatlons set forth In the Callforn1.d Adnlnlstrat1ve Code, Tltle 24, Part 2, (Energy Conservatlon Standards for ~ew ReSldentlal Bu~ ld~ngs), such conformance to be verlf1ed by the BU1ld1ng and Safety Div1slon prlor to lssuance of a BUlldlng Perna t. - 3 - '---;r-;;;-_t ~. _r ~ tit ~ shall be recorded Wl th the Los Anaeles Co~nty Recorder's Offl.ce as pa.rt of the, deed of the ~roDert.y to ens'C.re that affordable unit(,;) ls(are} prov~ded and malnta~ned over tIiT.'e and through SUb~;equent sales of the property. An af- fordable unl. t shall bf~ deflned as belng affordable to house- holds I:il.th lncornes not exceedlno 120% of the (HUD) Los An- geles County medl.an lncome expendlng not over 25% of monthly lncome on hous~ng costs, as SpeCl.fled by the Houslng D~Vl- sion of the Depil rtrnent of Communl ty and Econor:uc Development. Thls agreement shall be executed and recorded prlor to the issuance of bUllding permlts. Such agreement shall spec~fy 1) responslbillties of the developer for makl.ng the UOl.t(s) avallable to ellglble tenants and 2) reSpOnSl.D1Il.tles of the Clty of Santa Monlca Lo prepare appllcatlon forms for poten- tlal tenants, establish crlterla for quallflcatlons, and monltor compllance with the prOV1S1.0nS of the agreerent. X C27. No seatl.ng shall be perml.tted. 1nclus~onary Unlt Condl.ttOhS. 12. The developer shall cove:1ant and agree Wl th the Cl ty of Santa Montca to the SpeCl.flC terffis, condltl.OnS and restrlctlons upon the possesslon, use and e:-1JoYrrlent of the subJect property, winch terms. condltlons ar..c restrlctl.OnS shall be recorded with the Los Angeles Ccunty Reccrder 's Off~ce as a part ()f the deed of the property to ensure that affonlu.ble unlt(s) ~s (are) prov~ced and na.lntalneci over tllW! and through s~bsequent sales of the property. An af[() nlable unl t shall be deflned as bel:1g affordable to hcu~l'holds wlt.h lncemes not exceec.::..ng 120% of the (EUC) Los Angeles County medlan u-:.cc;r.e, expendl.ng not over 25% of lllonth).y UICOI:1e on hous~ng ccsts, as speclfled by the ! louslng Dl Vl.S10n of the Ceparc:1ent of Cornmunl ty and Econ(J[;uC Development. 'IhlS agreen>ent shull be executed and recorded prlor to the issuance of bU1.1dln~ perITlts. Such agreement shall speCl- fy 1} responsJ.blli Lies of the developer for maklng the unlt(s) avallable to ellgible tenants and 2) respcnsl.bl.ll- tl.es of the Cl ty oL Santa t-1onlca to prepare appllcatlon forms for potenll.ll tenants, establlsh crl terla for quall.flcatlons, and monltor corrpliance wlth the provlslons of the agreement. ThlS prOVlSlon is intended to satlsfy..- the incluslonary housl.ng requlremen t,; of ProSraPl 12 of the (lousing Element of the General Plan of the Cl ty of Santa t-!cnJ.ca (" Progran 12") . Developer m"y satl.sfy the obllgatlons created by thlS Agreement by demonstratlng to the Dlrector of Plan- nl.ng compllance Wl Lh any ordlnance or resolutlon adopted by the CJ. ty W~ thIn two years from the effectl ve date of thlS approval, whIch is lntended to provlde an alternatlve method for con>pll.Z1nce Wl th program 12. An a1 ternatl ve - 5 - '0 e( e( method I"lay In-l~eu of Developer resolutlon. be, but lS not 11mlted to, the payment of a f~e provldlng an Affordable Cnlt[sJ. In the event fully cowpl~es w~th such ordlnance or Prepared by: Karen Rosenberg, ASsOclate Planner C. A. Deterr:llna tlon By: _ J.f1Z4rA--_~:f- - Suzanne jFrlck, Ac~~q,prr.~Clpal Planner Concur: _!\\W\\l\~ Ann 51 C.c~a, Director of Plannlng Date: (; {; ~b Da te: (p fo rol.o KR:ca AA326 OS/23/86 .. - 6 - ..' ~ . Blocks Identified ~n Section 9119B.4.d E -;-t~ 10\1- ~ . - Block 1 Block 6 -- -: -- . - .:: - - - II Block 2 II Block 7 I' '~ Block 3 I, , , > Block 8 I ' ~ >>-{}. .. :--.=: ~~".t~~~,~( , . . I :r:~ -~ ' Block 4 I . . I Block 9 ((<'..:(~~(( ~<~ ~~~ I . . t .~ '\..... . . . t .\....,.....'... Block 5 Block 10 ~--- ---- - -...- - ---- ---- Block 11 ..' E-x.nilli Ej ~. . . ~ r e:::: 11 l --1;:i'l'" . - I '" IJ.t' I." ......,I......[...iJ .....:,...,...... ....11 ft' C:.::'I' ,. II . \:" rort " ..~~Gt .. " ' =.." 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I v l. ~\Ar -; ~ Zfd Ne1~CY} . .. \...}~. &fry:> '1 ~~ ~vax-- ~~5 ~l i-t? Nu~ ~e/7 F~MCA{\ ~(,~ .. - .. "'1ffliCllflIIINC" e.. ,; STATEMENT OF OFFICIAL ACTION PROJECT NUMBER: Text Amendment to Section 9119B.4.d (SMXC). APPLICANT: Roger Webster, Property Owner of 2518 Main street. REQUEST: To Permit the Text of section 9119B.4.d (SMMC) of the Main Street Special Commercial District Regulations to be Amended, Allowing Four Res- taurants on Block 6. PLANNING COMMISSION ACTION 4/6/87 Date. x Approved based on the following findings and subject to the conditions below. Denied. other. FINDINGS 1. The public convenience and general welfare require the pro- posed text amendment to allow four restaurants in Block 6 in that it was demonstrated by public testimony presented at the public hearing that a large majority of the restaurant patrons in this particular block walk to the local res- taurants and therefore do not add to the traffic in the area. 2. Good zoning practice requires the proposed text amendment to allow four restaurants in Block 6 in that the block is con- siderably longer than the other blocks identified in Section 9119B. 4.d (SMMC) as evidenced from the analysis conducted which showed Block 6 being 1,098.42' longer than Block 1, the smallest block in the district and 480.82' longer than Block 3, the second longest block in the district. Additionally, this Text Amendment will maintain the status quo in that the 3 existing restaurants wil1 become conforming uses and a fourth restaurant will be permitted in the block. - 1 - , - ----------- ~ ee -- ~ VOTE Ayes: Burns, Farivar, Hecht, Nelson, Perlman Nays: Abstain: Absent: Israel Vacancy: One I hereby certify that this statement of accurately reflects the final determination commission of the city of santa Monica. ~~ signature ~ Offieial Aetion of the Planning $'/2-C/S' 7 dati I 61 L--.tTL7...-U ~ C /fLr- / cd,-a L,e., print name and title ~ . l<R: nh STText 04/14/87 - z - ... 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