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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 1 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 2 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 3 (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, 4 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: ~ S MOUTRI E 5 Approved and adopted this 22nd day of February, 2005. ~~ 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: ~~::.~.~ Maria M. Stewa ,City Clerk 6