SR-400-002-01 (4)
<'
.
· ~-B
FEB 281989
Santa Monica, California MAR 7 1~ti9
CPD:PB:DKW:bz
Council Mtg: February 28, 1989
~(;6 ~O~ -0 (
TO: Mayor and city council
FROM: City staff
SUBJECT: Recommendation to Introduce Ordinance for First Reading
Modifying section 9023.2 (b) 13 to Eliminate IINo Seat-
ing" Restriction for Ice Cream, Yogurt, and Frozen Des-
sert Stores in the Main Street Special commercial
District.
INTRODUCTION
This report recommends introduction of an ordinance modifying
section 9023.2(b)13 of the Santa Monica Municipal Code to
eliminate the "no seating" restriction in retail ice cream,
yogurt, and frozen dessert stores. This matter was considered by
the Planning Commission at its January 25, 1989 meeting and
recommended for approval.
BACKGROUND
The Main street special Commercial District extends along the
commercially zoned property on Main street and is bounded by
pico Boulevard on the north and Marine Street on the south.
Residentially zoned property is located to the east and west of
the district.
On October 31, 1988 , Abby Sher, property owner of the Edgemar
Development located at 2435 Main street, filed an application for
- 1 -
B-1:;;?
7 l~Hi:1 fEB 2 aW
MAR
.
.
a Text Amendment to amend Section 9023.2(b)13 (SMMC) of the Main
street Special Commercial District regulations. The application
was deemed complete on December 1, 1988, 30 days after receipt of
the fees and application. Ms. Sher filed the application
specifically to allow seating in the Ben and Jerry's Ice Cream
store located in the Edgemar Development. However, the
determination on the Text Amendment will affect all ice cream,
yogurt, and frozen dessert stores in the CM District.
section 9023.2(b)13 currently states the following as a permitted
use: "Ice cream, yogurt, frozen dessert stores (retail ice
cream, yogurt, and frozen dessert only, no seating)." The Main
street district is the only zone of the ci ty in which such
establishments are prohibited from having seating. As proposed
by the applicant, the statement "(retail ice cream, yogurt, and
frozen dessert only, no seating) II would be eliminated,
effectively allowing such establishments to have seating.
CEQA STATUS
The proposed Text Amendment is categorically exempt from the
provisions of the California Environmental Quality Act, Santa
Monica Guidelines for Implementation. Class 5(10).
ANALYSIS
Although this application for a Text Amendment applies generally
to the CM District, the request has been made in order to address
the inclusion of seating at the Ben and Jerry's Ice Cream store
in the Edgemar Development at 2441 Main street.
- 2 -
.
.
On October 4, 1988, Ben and Jerry's was issued a business license
to operate as a retail ice cream store. As specified under
Section 9123.2(b)13 and as conditioned on the business license,
seating was not permitted in the establishment. On October 27,
1988, in that Ben and Jerry's had completed the tenant
improvement requirements for their lease space, the Building and
Safety Division issued a temporary certificate of Occupancy to
permit the ice cream shop to open prior to the entire Edgemar
Development receiving a final Certificate of Occupancy. Since
that time, the Planning and Zoning Division has conducted regular
enforcement action to ensure customer seating was not provided at
the establishment. The operation does have seating at the rear
of the store which is designated for employees only. Two tables
without seats are located at the front of the store. An outdoor
table with chairs, which is located in the common area of the
Edgemar Development, is available to all building tenants.
Although Ben and Jerry's is primarily an ice cream store that
serves hand-scooped ice cream, the establishment also sells minor
clothing items, toys, novelties, baked goods, and pre-packaged
ice cream.
Elimination of the "no seating" restriction in ice cream, yogurt,
and frozen dessert stores located in the CM district would enable
these types of establishments to be considered as an nincidental
food service." The current Zoning Ordinance, adopted in
September 1988, defines an incidental food service as follows:
"Any building, room, space, or portion thereof where food is sold
at retail where less than 250 square feet (interior and exterior)
- 3 -
.
.
is utilized for on-site consumption of any food or beverage,
including seating, counter space or other eating arrangement."
Based on this definition, bakeries and delicatessens, which are
also permitted Main street uses, would be allowed to include a
250 sq. ft. seating area without being considered restaurants.
Ice cream stores are typically small scale operations where
patrons stay for a short period of time to consume snack items.
This type of business is similar to a bakery and less intensive
than a delicatessen where patrons could, potentially, order a
meal.
In that the seating area would be restricted to 250 sq.ft., staff
believes that elimination of the "no seating" requirement would
not alter the size or scope of an ice cream, yogurt, or frozen
dessert establishment and would not adversely affect the
surrounding neighborhood. In addition, given the limited types
of food items sold by these businesses,' they generally do not
locate in clusters. There is currently one ice cream store and
one yogurt store on Main street.
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.tI Currently, neither the Land Use Element nor the Municipal
Code specify any particular process which must occur to satisfy
this policy requirement.
- 4 -
.
.
The Ocean Park Community organization (OpeO) at this time has not
expressed a formal opinion on the Text Amendment. In the past
they have stated that the Main street Special Commercial District
regulations have been amended too frequently in recent years,
thereby weakening the ordinance. The owner of Ben and Jerry's
has submitted a petition in support of the Text Amendment.
On January 25, 1989, the Planning Commission conducted a public
hearing to consider the proposed text amendment. The Commission
recommended its approval. The Commission did express a concern
about a possible need to evaluate standards for ice cream stores
on a City-wide basis in order to assure consistency in treatment
of such uses. In particular, operating hours were of concern.
In developing Zoning Ordinance clean-up recommendations, staff
will review this issue.
The Commission was also concerned with the relationship of the
text amendment to the overall review of the Main street
development standards scheduled to be conducted over the next
year. However, there was consensus that that process would allow
a comprehensive overview of Main street development rules and
that this particular text amendment appeared reasonable and
appropriate.
In that the addition of a 250 sq. ft. seating area in an ice
cream, yogurt, or frozen dessert store would not intensify the
operation of this type of small scale business, staff recommends
approval of the Text Amendment. Staff believes that having
seating in such establishments is reasonable, and in and of
- 5 -
.
.
itself, will not alter the nature of such operations. The Text
Amendment represents an appropriate amendment to the CM district
regulations.
BUDGET/FINANCIAL IMPACT
The recommendation of this report would not result in any
budget/financial impacts.
RECOMMENDATION
It is recommended that the city Council
reading the Text Amendment attached as
following findings:
introduce for first
Exhibit A with the
FINDINGS
1. The proposed amendment is consistent in principal with the
goals, objectives, policies, land uses and programs
specified in the adopted General Plan in that ice cream,
yogurt, and frozen dessert stores are typically small
scale operations where patrons stay for a short period of
time to consume a limited type of food item and where the
addition of a seating area not to exceed 250 sq. ft. would
neither intensify the nature of the business operation nor
adversely affect the surrounding neighborhood;
2. The public health, safety, and general welfare require the
adoption of the proposed amendment in that 250 sq. ft.
seating areas are permitted in similar, small scale
businesses as incidental food service areas without harm
- 6 -
.
.
to the surrounding neighborhood and that the proposed Text
Amendment to allow seating in ice cream, yogurt, and
frozen dessert stores has been supported by people in the
area as evidenced by the signed petition provided by the
owner of Ben and Jerry's Ice Cream store.
Prepared by: Amanda Schachter, Associate Planner
D. Kenyon Webster, Principal Planner
Exhibit A: Ordinance for Introduction and First Reading
PC/TAOOl
DKW:AS:bz
2/16/89
- 7 -