SR-400-002-01 (2)
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CA:RMM:lld393ajhpc
City council Meetlng 3-28-89
&anta Monica, California
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STAFF REPORT
TO:
Mayor and City Council
FROM:
City Attorney
SUBJECT:
Ordinance Amend1ng Municipal Code section 9023.7
to Allow a Fifth Restaurant on Block 6 of
Main street and to Prohibit New Restaurants on
Main street
At its meeting on March 7, 1989, the City Councll
introduced for flrst readlng an ordinance amendlng Municipal Code
section 9023.7 to allow a flfth restaurant on Block 6 of Main
Street and to prohibl t new restaurants on Main Street. The
ordinance is now presented to the city Council for adoption.
RECOMMENDATION
It is respectfully recommended that the accompanying
ordinance be adopted.
PREPARED BY: Robert M. Myers, City Attorney
Laurie Lieberman, Deputy city Attorney
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CA:RMM:lld393jhpc
Clty Council Meeting 3-28-89
Santa Monica, California
ORDINANCE NUMBER
(City Council Series)
AN ORDINANCE OF THE CITY COUNCIL OF THE
CITY OF SANTA MONICA AMENDING SANTA MONICA MUNICIPAL
CODE SECTION 9023.7 TO ALLOW A FIFTH RESTAURANT
ON BLOCK 6 OF MAIN STREET AND TO PROHIBIT
NEW RESTAURANTS ON MAIN STREET
THE CITY COUNCIL OF THE CITY OF SANTA MONICA DOES ORDAIN AS
FOLLOWS:
SECTION 1. section 9023.7 of the Santa Monica Municipal
Code to read as follows:
SECTION 9023.7.
special proj ect
Design
and
Development
standards.
Projects in the eM D.lstrict shall comply
with the following special project design
and development standards.
(a) First floor uses must be
"public
invited."
A publ ic
inv.lted
establishment is one that permits 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 appointment
only, or because a reception area or other
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internal barrier is interposed between the
public and business offices.
(b) First floor retail or
restaurant uses may extend to a mezzanine
level not exceeding 40 percent of the
first floor area.
(c) Second floor retail uses whlch
must
be
11 community
For
oriented. 11
purposes of this Section, ucommunity
oriented" is defined as those uses which
provide commercial goods likely to be
consumed on 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 sldes of Main Street and the adjacent
sides of adjoining side streets).
Portions of Main street to be designated
II Blockll for the purpose of this Section
are:
Block 1:
Block 2:
Block 3:
Block 4:
Block 5:
South city Limits to
Marine Street.
Marine street to pier
street.
Pier to Ashland.
Ashland to Hill.
Hill to Ocean Park.
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Block 6:
Block 7:
Block 8:
Block 9:
Block 10:
Block 11:
.
Ocean Park to Hollister
(5 restaurants permitted
in this block).
Hollister to strand.
Strand to Pacific.
Pacific to Bicknell.
Bicknell to Bay.
Bay to pico.
No new restaurants shall be
permitted on Main street until the City
Council determines that a review of the eM
District has been completed. For purposes
of this section, a "new" restaurant shall
include any restaurant not already In
operation or approved by the Planning
Commission prior to January 10, 1989, w1th
the exception of a restaurant located at
2510 Main Street. The prohibition against
"new" restaurants shall not apply to
changes in ownership of restaurants
al ready in operation or approved by the
Planning Commission prior to January 10,
1989, except as otherwise provided in
subsection (h).
Restaurants with more than 50 seats,
restaurants with a substantial take-out
business, and any second-floor restaurant
use will require a Conditional Use Permit.
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(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
establishments with "public premises"
liquor licenses and restaurants with a
liquor serving facility that is physically
separate from the dining area and is
regularly operated during hours not
corresponding to food service hours.)
CondJ. tional Use Penn ts are required for
all bars.
(f) In structures housing mixed
commercial and residential uses, parking
above the first floor shall be allowed.
(g) Other sectJ.ons of this Chapter
notwithstanding, the fOllowing
requirements shall apply to establishments
with live entertainment or other loud
music for which a building permit or use
permit is sought after October 10, 1980:
1. Exterior wall and window
construction must be to a minimum STC
rating of 45, as determined by the ASTM or
other similar accepted industry standard.
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2.
Exterior
doors
and
doorways:
a. Doors must be solid
core or mineral filled.
b. Doors must be
gasketed to provide a seal at head, sill,
and jamb.
c. Main entrance must
contain an "acoustic lock"
equivalent "sound trap."
d. The intent of this
section is to require an establishment
provJ.ding entertainment or loud music to
contain the resulting noise within its
walls to the greatest extent possible.
(h) Notwithstanding specific
speclal references contained herein, the
provisions of Subchapter 4N are not meant
or other
to apply to:
1.
Uses
in existence on
October 10, 1980, regardless of changes of
ownership, unless the use is intensified
by a floor area additlon of more than 15
percent or by other substantial
intensification, such as the introduction
of regularly scheduled entertainment,
except that there may be no more than an
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incidental increase in the service area
floor space of bars and restaurants.
2. Changes in use which
resul t in a use permi tted in this
Subchapter that is less intense than the
current use.
Existing uses shall count toward the
total number of bars and restaurants
permitted within the District. A
currently existing use shall be considered
no longer existing if that use 1S
voluntarily changed or is abandoned for a
perlod of one year.
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 inconsistencles and no
further, are 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 any competent
jurisdiction, such decision shall not affect the validlty of the
remaining portions of this 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
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any portlon of the Ordinance would be subsequently declared
lnvalid 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. This Ordinance shall becone
effective after 30 days from its adoption.
APPROVED AS TO FORM:
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ROBERT M. MYERS
city Attorney
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