SR-400-002-01 (9)
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CA:RMM:ll22ljhpc
City council Meeting 10-27-87
Santa Monica, California
STAFF REPORT
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OCT 2 7 1987
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TO: Mayor and City council
FROM: City Attorney
SUBJECT: Ordinance Amending the Text of the Comprehensive Land
Use Ordinance to Permit Hotels on A Portion of 11ain
street Between Pier Avenue and the South city Limits
At its meeting on February 3, 1987, the City Council held a
public hearing on an appeal of the Planning Commission's denial
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of a requested text amendment which would amend the Main Street
Special Commercial District ("CH District") to allow hotels north
of Bay Street by Conditional Use Permit.
Subsequent to the
public hearing, the City council directed the city Attorney to
prepare an ordinance that would effectuate a text amendment to
allow hotels of less than 80 rooms on "parcels south of the line
that divides the Flinkman property from the Carlton property,
from there over to Neilson Way, and from there, south to the
south border of the City." In response to this direction, the
accompanying ordinance has been prepared and is presented for
City Council consideration.
The accompanying ordinance describes the above-designated
area by reference to the boundaries of the area specifically
identified rather than by using the names of the owners of the
properties in question so that future lot or parcel modifications
do not interfere with the intent of the City Council.
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OCT 271987
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with regard to the subject amendment to the text of the
Comprehensive Land Use Ordinance, an Addendum to the Final
Initial study for the hotel proJect proposed to be constructed at
the referenced location has been prepared.
The Final Initial
study, the Addendum to the Final Initial Study, and the Negative
Declaration are attached.
RECOMMENDATION
It is respectfully recommended that:
1. The accompanying Negative Declaration be adopted.
2. The accompanying ordinance be introduced for first
reading.
PREPARED BY: Robert M. Myers, City Attorney
Laurie Lieberman, Deputy City Attorney
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CA:RMM:rmd429/hpca
City Council Meeting 10-27-87
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Santa Monica, California
ORDINANCE NUMBER
(City council Series)
AN ORDINANCE OF THE CITY COUNCIL OF THE
CITY OF SANTA MONICA AMENDING THE COMPREHENSIVE LAND
USE ORDINANCE BY AMENDING SECTION 9119B OF
THE SANTA MONICA MUNICIPAL CODE TO ALLOW HOTELS AS
A CONDITIONALLY PEID1ITTED USE IN CERTAIN SPECIFIED
AREAS OF THE "CM" MAIN STREET SPECIAL
COMMERCIAL DISTRICT
WHEREAS, an application for a text amendment to the Zoning
Ordinance was filed with the Planning Department in connection
with a proposed project located at 3105-3109 Main Street, which
would permit the Planning commission, or the City Council on
appeal, to approve uses consistent with the Land Use Element but
prohibited by the existing zoning Ordinance pursuant to the
Conditional Use Permit process; and
WHEREAS, notice of the time, place, and purpose of hearing
on the proposed text amendment before the Planning Commission was
duly published in the Santa Monica Evening Outlook on August 29,
1986; and
WHEREAS, the Planning commission held a public hearing on
the proposed text amendment on september 8, 1986; and
WHEREAS, the Planning commission made its findings and
recommendations
in
writing on September
8,
1986,
duly
transmitting such findings and recommendations to the applicant
and to the City Council: and
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WHEREAS, the city Council considered the findings and
recommendations of the Planning Commission in connection with the
proposed text amendment at its meeting on January 27, 1987, and
directed the City Attorney to prepare an ordinance adopting the
text amendment; and
WHEREAS, notice of the time, place, and purpose of hearing
on the proposed text amendment before the city council was duly
published in the Santa Monica Evening Outlook for one week prior
to the public hearing on October 27, 1987,
NOW, THEREFORE, CITY COUNCIL OF THE CITY OF SANTA MONICA
DOES ORDAIN AS FOLLOWS:
SECTION 1.
Section 9119B of the Santa Monica Municipal
Code is amended to read as follows:
SECTION 9119B. Uses Permitted. The
following uses are permitted in the "CM"
Main Street special commercial District:
1.
Residential
uses,
except
motels, hotels, and hostels, are permitted
above the first floor.
2. Any of the following uses if
conducted within an enclosed building in
accordance with the special conditions set
forth in section 9119B4:
a.
Retail
stores
and
offices.
b. Antique and second-hand
stores.
c. Banks.
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developing.
d.
.
Bakery.
Bicycle shop.
Delicatessen.
Dressmaker.
Drug store.
Feed or fuel store.
Film exchange or
e.
f.
g.
h.
i.
j .
k.
Florist,
flower,
and
plant nursery.
1. Gymnasium, dance studio.
m. Ice-cream store (retail
ice cream only, no seating) .
n. Laundry, laundromat, dry
cleaners.
o.
Hedical
dental
and
clinics or laboratories. (Laboratories
permitted above the first floor only.)
p. Pet store, taxidermist.
q. Print or pUblishing shop.
r. Plumbing shop.
s. Repair shops for
household equipment.
t. Theaters and auditoriums
with fewer than 75 seats.
u. Upholsterer's shops.
v. Wholesale stores where
public is invited.
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.
w.
Restaurants with fewer
than 50 seats. (See Section 9119B4d.)
x. Such other uses as the
Zoning Administrator may find to be
similar to those listed above and not more
obnoxious to surrounding property.
3. Any of the following uses upon
issuance of a conditional Use Permit under
the provisions of Section 9148:
a. Automobile repair and
service.
or more.
b. Restaurants with 50 seats
(See Section 9119B4d.)
c. Bars. (See section
9119B4e. )
d. Fast-food and take-out
establishment. (See Section 9119B4d. )
e. Business college.
f. Catering business.
g. Hotels and hostels (not
motels) of less than 80 rooms, north of
Bay Street only or in that area where the
western boundary extends 250 feet north
from the southeast corner of Neilson Way
and the city Limits, where the eastern
boundary extends 306.5 feet from the
southwest corner of Second street and the
city
Limit,
and where the northern
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boundary consists of the line connecting
the two northernmost points of the western
and eastern boundaries, as identified in
Exhibit "A," attached hereto.
h. Liquor store in which
more than 50 percent of the display area
is devoted to alcoholic beverages.
i. Music conservatories and
instruction.
j. Sign painting.
k. Trade schools.
1. Theaters and auditoriums
with more than 75 seats.
m. Any single occupancy or
contiguous, integrated use in excess of
8,600 square feet of floor area.
n. Any single occupancy or
contiguous, integrated use in excess of 75
feet of ground-floor Main street frontage.
o. Any existing use wishing
to add regularly scheduled entertainment
for which there \oJould be inadequate
parking.
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Special Restrictions.
Uses
permitted in the "CM" District shall
comply
with
the
following
special
restrictions:
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a. First floor uses must be
IIpublic invited" establishments. A
"public invitedll 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 transacted by appointment only, or
because a reception area or other 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
must
be
II community
oriented. II
For
purposes of this Section, II communi ty
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 sides of Main street and,
where applicable, the adj acent sides of
adjoining side streets). Portions of Main
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street to be designated "Blocks" for the
purpose of this Section are:
Block 1: South City Limits
to Marine street.
Block 2: Marine street to
Pier street.
Block 3 : Pier street to
Ashland.
Block 4 : Ashland to Hill
street.
Block 5: Hill Street 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
street.
Block 11: Bay Street to Pico
Boulevard.
Restaurants with more than
fifty
(50) seats, restaurants with a
substantial take-out business, and any
second floor restaurant use will require a
Conditional Use Permit.
(Restaurants are
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def1ned as
.
establishments
serving
a
variety of unpackaged foods prepared on
site for consumption.)
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
establishment
with
"public
premises"
liquor licensees and restaurants ~dth a
liquor serving facility that is physically
separate from the dining area and is
regularly
operated
during hours
not
corresponding to food service hours.)
Conditional Use Permits are required for
all bars.
5. Prohibited Uses. The following
uses are specifically prohibited in the
"CM" District:
a. Bars above the first
floor.
b. Billboards.
c. Billiard parlors and pool
halls.
d. Bowling alleys.
e. Drive-in or drive-through
uses.
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f. Game arcades.
g. Motels.
h. Retail uses above the
second floor.
i. Restaurants above the
second floor or on the second floor of a
site where there is an existing
restaurant.
j. Sex-oriented uses.
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
jurisdiction, such decision shall not affect the validity 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
any portion of the Ordinance would be subsequently declared
invalid or unconstitutional.
SECTION 4. The Mayor shall sign and the City Clerk shall
attest to the passage of this Ordinance. The City Clerk shall
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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:
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ROBERT' M. MYERS
city Attorney
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