O2142
f:\atty\muni\laws\barry\promenadeordchanges2d-1 doc
City Council Meeting 9-28-04 Santa Monica, California
ORDINANCE NUMBER 2142 (CCS)
(City Council Series)
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
SANTA MONICA AMENDING SECTIONS 9.04.08.15.020 AND 9.04.08.15.040 AND
ADDING SECTION 9.04.13.060 TO LIMIT THE PROMENADE FRONTAGE OF ANY
NEW OR EXPANDING RETAIL USE TO FIFTY LINEAR FEET UNLESS A USE
PERMIT IS OBTAINED
WHEREAS, the City has taken extensive efforts to maintain the unique character
and mix of uses on the Third Street Promenade in the Bayside District; and
WHEREAS, over the years, market forces have threatened the mix many times
and the City has responded to preserve the Promenade's unique character through
adoption of the Bayside District Specific Plan and adoption of laws and policies which
promote the general welfare by maintaining the Promenade's eclectic character; and
WHEREAS, on November 27, 2001, the City Council adopted an interim
ordinance regulating the concentration of ground floor retail uses on the Promenade by
limiting the total linear footage and squHre footage of retail on each block; and
WHEREAS, the City Council established a Promenade Uses Task Force to study
the Promenade issues, to seek feedback and input from the community, and to make
recommendations to the City Council regarding the appropriate mix of uses on the
Promenade; and
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WHEREAS, the Task Force met regularly beginning in May 2002 and completed
its work in March 2003, during which time it considered goals and objectives for the
Promenade and the Downtown, reviewed relevant City policies and regulations, and
conducted community workshops; and
WHEREAS, the Task Force prepared a series of recommendation for review by
the City Council, include recommendations which require amendment of the text of
Santa Monica Zoning Ordinance; and
WHEREAS, on June 10, 2003, the City Council reviewed the recommendations
of the Task Force and directed staff to prepare a work plan for implementation of the
Task Force recommendations; and
WHEREAS, on September 9,2003, the City Council reviewed the proposed work
plan, which included a series of proposed amendments to the City's zoning and
planning regulations, including the Zoning Ordinance; and
WHEREAS, the City Council also adopted Resolutions of Intention directing the
Planning Commission to review and make recommendations on the Zoning Ordinance
and Bayside Specific Plan changes associated with the Task Force recommendations;
and
WHEREAS, the proposed ordinance would limit the Promenade frontage of any
new or expanding retail use to fifty linear feet unless a use permit is obtained; and
WHEREAS, the Planning Commission conducted a public hearing and
considered the proposed Zoning Ordinance and Specific Plan amendments on April 14,
2004 and again on May 19, 2004; and
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WHEREAS, the Planning Commission supported the proposed Zoning
Ordinance amendment; and
WHEREAS, the City Council held a public hearing on the proposed text
amendment on September 14, 2004; and
WHEREAS, the proposed Zoning Ordinance text amendment is consistent in
principle with the goals, objectives, policies, land uses and programs specified in the
adopted General Plan, specifically, Land Use Element Objective 1.3, which reinforces
Downtown as the focus of the City, supporting the greatest concentration of activity, in
that the amendment supports the creation and retention of restaurants as a key element
in concentrating activity in the Downtown; Land Use Element Policy 1.3.1 which
encourages the concentration of land uses and activities Downtown which create
activity in both the daytime and evening hours, in that the amendment supports the
creation and retention of restaurants which support activity during the daytime and
evening; Land Use Element Policy 1.3.2 which makes Downtown a primary location for
uses that encourage street activity after normal business hours, in that the amendment
supports the creation and retention of restaurants which provide outdoor dining areas
that enliven the streets during evening hours; and Land Use Element Policy 1.4.1 which
concentrate comparison retail use and other complementary uses, such as restaurants,
on or near the Third Street Promenade, in that the amendment supports the creation
and retention of restaurants on the Third Street Promenade; and
WHEREAS, for the reasons detailed above, the City Council finds and declares
that the public health, safety, and general welfare require the adoption of the proposed
text amendment in that the amendment would provide for the continued diversity and
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vitality of the Third Street Promenade, a primary retail, restaurant and entertainment
destination for Santa Monica residents, businesses, and visitors,
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SANTA MONICA
DOES HEREBY ORDAIN AS FOLLOWS:
SECTION 1. Santa Monica Municipal Code Section 9.04.08.15.020 is hereby
amended to read as follows:
Section 9.04.08.15.020 Permitted uses.
(1) The following Llses shall be permitted in the BSC-
1 portion of the BSC District, provided that any such use
shall obtain a Use Permit pursuant to Section 9.04.08.15.035
if its Third Street Promenade first-floor frontage exceeds fifty
(50) feet. All uses shall be conducted within an enclosed
building, except where otherwise specified:
(a) Art galleries.
(b) Artist studios above the first floor and at the rear
seventy-five feet of a parcel.
(c) Bakeries.
(d) Barber or beauty shops.
(e) Business colleges.
(f) Child day care centers.
(g) Cleaners.
(h) Congregate housing.
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(i) Cultural facilitiHs.
U) Dance studios"
(k) Domestic violHnce shelters.
(I) Exercise facilities.
(m) General offices above the first floor and in the
rear seventy-five feet of a parcel.
(n) General retail..
(0) Homeless shelters with less than fifty-five beds.
(p) Medical, dental and optometrist clinics and
laboratories above the first floor and in the rear seventy-five
feet of a parcel.
(q) Multi-family dwelling units.
(r) Museums.
(s) Outdoor newsstands.
(t) Pawnbrokers.
(u) Photocopy shops.
(v) Places of worship.
(w) Restaurants, subject to the limitations contained
in Section 9.04.08.15.080"
(x) Senior group /lousing.
(y) Senior housing.
(z) Sidewalk cafes, subject to the provisions of the
Outdoor Dining Standards for the Third Street Promenade,
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approved by resolution of the City Council, and subject to the
limitations contained in Section 9.04.08.15.080.
(aa) Single-room occupancy housing.
(bb) Tailors.
(cc) Trade schools.
(dd) Transitional housing.
(ee) Accessory uses which are determined by the
Zoning Administrator to be necessary and customarily
associated with and appropriate, incidental, and subordinate
to, the principal permitted uses and which are consistent and
not more disturbing or disruptive than permitted uses.
(ff) Other uses determined by the Zoning
Administrator to be similar to those listed above and which
are consistent and not more disturbing or disruptive than
permitted uses.
SECTION 2. Santa Monica Municipal Code Section 9.04.08.15.040 is hereby
amended to read as follows:
Section 9.04.08.15.040 Conditionally permitted
uses.
(1 ) The following uses may be permitted in the
BSC-1 portion of the BSC District subject to the approval of
a conditional use permit. Additionally, any use for which the
Third Street Promenade first-floor frontage exceeds fifty (50)
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feet shall obtain a Use Permit pursuant to Section
9.04.08.15.035:
(a) Bars, subject to the limitations contained in
Section 9.04.08.15.080;
(b) Billiard parlors;
(c) Bowling alleys;
(d) Cinemas;
(e) Clubs and lodges;
(f) Convention and conference facilities;
(g) Fast-food food courts, subject to the limitations
contained in Section 9.04.08.15.080;
(h) Homeless shelters with fifty-five beds or more;
(i) Hotels and motels;
m Nightclubs, subject to the limitations contained in
Section 9.04.08.15.080;
(k) Open-air farmers markets;
(I) Skating rinks;
(m) Theaters.
SECTION 3. Section 9.04.13.060 is hereby added to the Santa Monica
Municipal Code to read as follows:
Section 9.04.13.060 First-floor uses with a Third
Street Promenade frontage exceeding fifty (50) feet.
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The purpose of this Section is to ensure a wide
variety of storefronts on the Third Street Promenade. A new
or expanded use on the Third Street Promenade may have a
first-floor frontage that exceeds fifty (50) feet if a use permit
is obtained pursuant to Santa Monica Municipal Code
Section 9.04.20.11.010 E3t sec. and one of the following
additional findings of fact is made:
(1) The proposed Lise is an entertainment-related use
that adds to the overall vitality and diversity of the Bayside
District and the use cannot be accommodated within a Third
Street Promenade frontage of 50 feet or less.
(2) The proposed use adds to the diversity of the
district by providing goods or services that are not otherwise
available in the Bayside District and the use cannot be
accommodated within a Thi~d Street Promenade frontage of
50 feet or less.
(3) The conditions of the proposed site make it
physically or practically infeasible for the use to occupy a
Third Street Promenade frontage of 50 feet or less.
SECTION 4. 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 effect the provisions of this Ordinance.
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SECTION 5. 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 6. 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 30 days from its adoption.
APPROVED AS TO FORM:
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Approved and adopted this 28th day of September, 2004.
fL~
Richard Bloom, Mayor
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. 2142 (CCS) had its introduction on September 14,2004, and
was adopted at the Santa Monica City Council meeting held on September 28, 2004, by
the following vote:
Ayes: Council members: Mayor Bloom, Mayor Pro T em McKeown,
Feinstein, Genser, Holbrook, Katz, O'Connor
Noes: Council members: None
Abstain: Council members: None
Absent: Council members: None
ATTEST:
~~-~
Maria M. Stewart, Cit Clerk
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