O2038
f:\atty\muni\laws\barry\nmainfindings2d-1.wpd
City Council Meeting 3-5-02
Santa Monica, California
ORDINANCE NUMBER 2038
(CCS)
(City Council Series)
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA
AMENDING SANTA MONICA MUNICIPAL CODE SECTION 9.04.08.28.070
RELATING TO THE LOCATION OF PEDESTRIAN ORIENTED USES ON THE
GROUND FLOOR IN THE CM3 ZONING DISTRICT
WHEREAS, Santa Monica Municipal Code Section 9.04.08.28.070 sets forth
the special design and development standards for the Main Street Commercial District;
and
WHEREAS, residential uses on the ground floor are currently permitted only
when located a minimum of 50' from the front property line; and
WHEREAS, as a result of this regulation, only commercial uses can be located
within this 50' setback; and
WHEREAS, pursuant to the City's Zoning Ordinance, the front property line is
considered to be the line separating the narrowest street frontage of the parcel from the
street; and
WHEREAS, there are certain parcels in the Main Street Commercial District
which have street frontage on all four sides; and
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WHEREAS, under these circumstances, application of the current Code
provisions could require that ground floor commercial uses be located along a different
street than Main Street; and
WHEREAS, the applicant for the North Main Street Mixed-Use Development
Project has proposed this text amendment which provides that whenever a parcel in the
CM3 Zoning District has street frontage on all four sides including Main Street, the Main
Street frontage shall be deemed to be the front property line for purposes of
determining allowable uses; and
WHEREAS, the proposed amendment to the Zoning Ordinance is consistent in
principle with the goals, objectives, and policies, land uses, and programs specified in
the adopted General Plan in that Land Use Plan Policy 1.6.7 provides that "Main Street
should accommodate a variety of uses, including commercial uses, which provide daily
necessities, places of employment, and leisure time opportunities. .. and Land Use
Plan Policy 1.7.9 states that City policies should "[p]reserve the concentration of
neighborhood commercial uses on . . . Main Street between Pica and Ocean Park
Boulevards." The proposed text amendment will ensure that ground floor pedestrian-
oriented uses within the Main Street Commercial District are concentrated along Main
Street and not on the side streets which lead to adjacent residential areas; and
WHEREAS, the public health, safety and general welfare require the adoption of
the proposed amendment to the Zoning Ordinance in that the community is better
served by ensuring that commercial uses are concentrated along Main Street in the
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Main Street Commercial District and not along the side streets that access the adjacent
residential areas in order to protect and enhance the pedestrian environment and
adjacent residential character,
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SANTA MONICA
DOES ORDAIN AS FOLLOWS:
SECTION 1. Santa Monica Municipal Code Section 9.04.08.28.070 is hereby
amended to read as follows:
Section 9.04.08.28.070 Special project design and
development standards.
Projects in the CM District shall comply with the following special
project design and development standards:
(a) First-floor uses must be pedestrian-oriented uses except as
provided in Section 9.04.10.02.111
(b) Restaurants and bars are limited to a total of two
establishments per block unless otherwise specified in this Section. For
purposes of this Section, an establishment may be a restaurant, a
restaurant with a bar or a bar. A restaurant with a bar shall be considered
one establishment. A block is defined as both sides of Main Street and the
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adjacent sides of adjoining side streets. Portions of Main Street to be
designated "Block" for the purpose of this Section are:
Block 1: South City Limits to Marine Street.
Block 2: Marine Street to Pier Avenue.
Block 3: Pier Avenue to Ashland Avenue.
Block 4: Ashland Avenue to Hill.
Block 5: Hill to Ocean Park Boulevard,
Block 6: Ocean Park Boulevard to Hollister Avenue (total of 4
restaurants and bars permitted in this block).
Block 7: Hollister Avenue to Strand,
Block 8: Strand to Pacific.
Block 9: Pacific to Bicknell.
Block 10: Bicknell to Bay.
Block 11: Bay to Pica Boulevard;
(c) North of Ocean Park Boulevard restaurants shall be subject to
the following requirements:
(1) Only one restaurant on the east side of each block shall be
permitted;
(2) No more than two hundred seats per each block shall be
permitted, except that no more than four hundred seats shall be permitted
in Block 6
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(d) On-sale alcohol outlets may not exceed twelve in number north
of Ocean Park Boulevard. Of the twelve total on-sale outlets, no more
than five shall have on-sale general licenses
(e) Bars may not exceed four in number south of Ocean Park
Boulevard, nor two in number north of Ocean Park Boulevard;
(f) Existing uses and existing number of seats shall count toward
the total number of bars and restaurants and seating requirements
permitted within the district;
(g) An existing use shall be considered no longer existing if that use
is changed to another type of use or if for a period of six months, such use
has not been in regular operation. Regular operation shall be considered
being open for business to the general public during such use's customary
business hours;
(h) In structures housing mixed commercial and residential uses,
parking above the first floor shall be allowed
(i) Side yard walls up to ten feet in height may be permitted on
parcels with frontage on Second Street and which abut residentially zoned
property on at least one side yard on that portion of the parcel located
within seventy-five feet of Second Street, subject to Zoning Administrator
approval.
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U) For all parcels with frontage on Second Street and which abut
residentially zoned property on at least one side yard, pedestrian and
vehicular access to all uses located within seventy-five feet of Second
Street shall be from Main Street, except for residential uses where access
may be from Second Street.
(k) For all parcels with frontage on Second Street, and which abut
residentially zoned property on at least one side yard, on that portion of
the parcel located within seventy-five feet of Second Street, new
development shall incorporate the following design elements:
(1) A landscaped buffer not less than five feet wide shall be
provided and maintained along the entire side yard adjacent to the
residentially zoned property. Landscaping in this area shall include one
tree per every five linear feet planted not less than five feet apart and not
less than five feet in height when planted
(2) Any building courtyards or open public spaces shall incorporate
landscaping and building materials designed to minimize potential noise
impacts.
(3) Building materials shall be nonreflective and shall complement
materials utilized in the adjacent residential neighborhood
(4) Buildings shall be sited to minimize noise impacts in the
adjacent residential neighborhood.
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(5) In lieu of the requirements in this subsection (k), the
Architectural Review Board may approve other buffering plans, designs,
and building materials that satisfy the intent of these requirements.
(I) Notwithstanding any other provision of this Chapter, whenever a
parcel in the CM3 Zoning District has street frontage on all four sides
including Main Street, the following provisions shall apply:
(1) The Main Street frontage shall be deemed to be the front yard
for purposes of determining allowable uses and any proposed ground
floor residential uses shall be located at least fifty (50) feet from the Main
Street parcel line,
(2) All street frontage shall be treated as front yards for purpose of
determining the mandatory setback requirements, and accordingly, any
project shall be required to comply with the building volume envelope
requirements of Section 9.04.10.02.040 with respect to all street frontage.
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, is hereby repealed or modified to that extent necessary
to affect the provisions of this Ordinance.
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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 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 cause the same to be published once in the
official newspaper within 15 days after its adoption. This Ordinance shall become
effective thirty days after its adoption,
APPROVED AS TO FORM
MARSHA JiO~ES
I"
City Attorney"
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Adopted and approved this 5~ day of March, 2002..... ... (. //
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Michael FeInstein
State of California )
County of Los Angeles) ss,
City of Santa Monica )
I, Maria M. Stewart, City Clerk of the City of Santa Monica, do hereby certify that the
foregoing Ordinance No. 2038 (CCS) had it's introduction on February 26, 2002 and
was adopted at the Santa Monica City Council meeting on March 5, 2002 by the
following vote:
Council members: O'Connor, Bloom, Genser, Mayor Pro Tem McKeown,
Mayor Feinstein
Council members: None
Abstain: Council members: None
Absent: Council members: Holbrook, Katz
ATTEST:
~.~)~J
Maria M. Stewart, City C~rk