O2151
f: \atty\muni\laws\barry\C2 DistrictRestaurants2d-1
City Council Meeting 2-22-05 Santa Monica, California
ORDINANCE NUMBER 2151 (CCS)
(City Council Series)
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
SANTA MONICA AMENDING SANTA MONICA MUNICIPAL CODE SECTION
9.04.08.16.040 TO PERMIT RESTAURANTS WITH MORE THAN 50 SEATS IN THE
C2 DISTRICT ADJACENT TO OCEAN PARK BOULEVARD BETWEEN TWENTY
FIFTH STREET AND CENTINELA AVENUE SUBJECT TO APPROVAL OF A
CONDITIONAL USE PERMIT
WHEREAS, the C2 District currently permits restaurants up to 50 seats where no
alcoholic beverages are served; and
WHEREAS, the C2 District also currently authorizes restaurants up to 50 seats
which serve alcoholic beverages by conditional use permit; and
WHEREAS, the proposed ordinance would also allow restaurants with more than
50 seats regardless of whether alcohol is being served subject to the issuance of a
conditional use permit; and
WHEREAS, the proposed ordinance would only be applicable to those C2 zoned
parcels adjacent to Ocean Park Boulevard between Twenty-Fifth Street and Centinela
Avenue; and
WHEREAS, this zoning district is unique in comparison to the other six C2
districts in the City due to its proximity to the Santa Monica Business Park, an area that
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generates a significant amount of pedestrian activity and caters to a large daytime
population; and
WHEREAS, all other C2 districts are surrounding by residential zones; and
WHEREAS, the availability of large restaurants in this area may serve to
encourage more pedestrian activity and reduce the number of vehicles using the
streets, exiting the business park, or traveling to other business centers; and
WHEREAS, since the proposed ordinance would require restaurants of this size
to obtain a conditional use permit, the Planning Commission, or City Council on appeal,
would have the opportunity to ensure that there are no detrimental impacts to area
residents and business owners; and
WHEREAS, the Planning Commission conducted a public hearing and
considered the proposed ordinance on September 22, 2004; and
WHEREAS, the Planning Commission supported the proposed ordinance; and
WHEREAS, the City Council held a public hearing on the proposed text
amendment on February 8, 2005; 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 1.7, which provides
that in the Neighborhood Commercial District, the City should seek to protect and
expand uses that provide for the day-to-day shopping and service needs of nearby
residents; and
WHEREAS, the proposed amendment facilitates this objective by increasing the
seating capacity of food serving uses which are within walking distance of nearby
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residences, but heavily frequented by employees of an adjacent business park, thereby
expanding the availability of these uses for both residents and employees while also
encouraging more pedestrian traffic and fewer vehicles exiting the Santa Monica
Business Park; 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 this ordinance will provide expanded opportunities for larger
restaurants to meet the existing and future need generated by nearby residents, area
businesses, and employees of the Santa Monica Business Park,
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SANTA MONICA
DOES HEREBY ORDAIN AS FOLLOWS:
SECTION 1. Santa Monica Municipal Code Section 9.04.08.16.040 is hereby
amended to read as follows:
Section 9.04.08.16.040 Conditionally permitted
uses.
The following uses may permitted in the C2 District
subject to the approval of a Conditional Use Permit:
(a) Banks and savings and loan institutions
(b) Expansion or intensification of automobile repair
facilities existing as of July 11, 1995.
(c) Homeless shelters with fifty-five or more beds
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(d) Medical, dental, and optometrist offices provided
that the use does not exceed twenty-five percent of the total
square footage of the building, or three thousand square
feet, whichever is less.
(e) Restaurants of fifty seats or less at which alcohol
is served or consumed.
(f) Restaurants of more than fifty seats, with or
without alcohol service or consumption, if located on parcels
adjacent to Ocean Park Boulevard between Twenty-Fifth
Street and Centinela Avenue.
(g) Service stations.
(h) Take-out or fast food restaurants.
(i) Theaters over seventy-five seats.
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 effect 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 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,
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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 30 days from its adoption.
APPROVED AS TO FORM:
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S MOUTRI E
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Approved and adopted this 22nd day of February, 2005.
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Pam O'Connor, 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. 2151 (CCS) had its introduction on February 8,2005, and was
adopted at the Santa Monica City Council meeting held on February 22, 2005, by the
following vote:
Ayes: Council members: Mayor O'Connor, Mayor Pro Tem Katz,
Bloom, Genser, Holbrook, McKeown, Shriver
Noes: Council members: None
Abstain: Council members: None
Absent: Council members: None
ATTEST:
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Maria M. Stewa ,City Clerk
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