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SR-400-002-01 (3) e 'If) tJ -OD). -0 I . t?~~ CA:RMM:lld504ajhpc city council Meeting 3-28-89 Santa Monica, California STAFF REPORT TO: Mayor and City Council FROM: City Attorney Ordinance Amending Municipal Code Section 9023.2 Relating to Permitted Uses in the eM Main street Special Commercial District SUBJECT: At its meeting on March 7, 1989, the City Council introduced for first reading an ordinance amending Municipal Code section 9023.2 relating to perm1tted uses in the eM Main Street special Commercial District. The ordinance 1S 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 g-F MAR 2 8 1969 . . CA:RMM:lld504/hpc city Council Meeting 3-28-89 Santa Monica, Californla ORDINANCE NUMBER (City Council Series) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA AMENDING SANTA MONICA MUNICIPAL CODE SECTION 9023.2 RELATING TO PERMITTED USES IN THE CM MAIN STREET SPECIAL COMMERCIAL DISTRICT THE CITY COUNCIL OF THE CITY OF SANTA MONICA DOES ORDAIN AS FOLLOWS: SECTION 1. Santa Monica Municipal Code Section 9023.2 15 amended to read as follows: SECTION 9023.2. permi tted Uses. The following uses are permitted in the "CMIt Main street Special Commercial District: (a) Residential uses, except motels, hotels and hostels, are permitted above the first floor. (b) Any of the following uses, if conducted within an enclosed building, ~n accordance with the special conditions set forth in section 9023.7: 1. Antique and second-hand stores. - 1 - . . Art1st studios above the first floor. Banks. Bakeries. Bicycle shops. Delicatessens. Dressmakers (tailor shops) . Drug store. Feed or fuel store. Film exchange or developing. Florist, flower, and plant nursery. 12. Gymnasium, dance studio. 13. Ice cream, yogurt, frozen dessert stores. Laundry, cleaners. 15. Medical and dental clinics or laboratories. (Laboratories permitted above the first floor only.) 16. Pet stores, taxidermists. 17. Print or publishing shop. 18. Plumbing shops. 19. Repair shops for household equipment. 20. Retail stores and offices. 21. Shelters for the homeless. 2. 3. 4. 5. 6. 7. 8. 9. 10. 11. 14. laundromat, dry - 2 - Theaters and auditoriums WJ.th fewer than 75 seats. Upholsterer's shops. Wholesale stores where public is invited. Restaurants with fewer than 50 seats. 26. Such other uses as the Zoning Administrator may find to be similar to those listed above . 22. 23. 24. 25. . and not more obnoxious to surrounding property. 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 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 jurisdictJ.on, such decision shall not affect the valid1ty of the remaining portions of this Ordinance. The Clty CouncJ.l 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 unconstitutJ.onal. - 3 - . ' . . 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 become effective after 30 days from its adoption. APPROVED AS TO FORM: ~~. ROBERT M. MYERS city Attorney ~~ - 4 -