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SR-400-002-01 (2) e . ~~ CA:RMM:lld393ajhpc City council Meetlng 3-28-89 &anta Monica, California 41J() ~OO~ - 01 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 e;;~ . . 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 - 1 - . . 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. - 2 - e ~ 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. - 3 - . . (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. - 4 - . . 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 - 5 - . . .. 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 - 6 - . . " 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: ~~.~ ROBERT M. MYERS city Attorney - 7 -