ITEM 8-D

COUNCIL MEETING:  July 21, 1992          Santa Monica, California

TO:       Mayor and City Council

FROM:     City Staff

SUBJECT:  Ordinance for Introduction and First Reading  Exempting
          Certain  Non-Profit  Theatre  Facilities From Ordinance
          Number 1634 (CCS).

INTRODUCTION

This report recommends that the City Council introduce for  first
reading an ordinance exempting non-profit theatre facilities from
Ordinance 1634 (CCS), the Citywide moratorium on  non-residential
and   hotel   development.    The   exemption   would  allow  the
construction   of   non-profit   theatre   facilities    designed
specifically  for  stage  productions and related educational and
administrative activities.  On June 9,  1992  the  Council  heard
testimony  from  the  Santa  Monica Playhouse requesting that the
Citywide commercial development moratorium be amended  to  permit
the  construction  of  a  new  playhouse  facility.   The Council
directed staff to  evaluate  the  proposal  and  return  with  an
ordinance    to    permit    an   exemption   for   non   profit,
theatrical/educational facilities.   The  proposed  ordinance  is
contained in Attachment A.

BACKGROUND

The Santa Monica Playhouse,  currently  located  at  1211  Fourth
Street,  is  proposing  the  construction of a new facility to be
located in Santa Monica's downtown commercial core.  The proposed
facility would be approximately 22,000 square feet, which is over
the 15,000 square foot development threshold permitted under  the
moratorium.   Since  the  Santa Monica Playhouse is a non-profit,
community serving organization, they have requested an  exemption
from  the  constraints of the City's commercial moratorium. After
hearing the request,  Council  directed  staff  to  evaluate  the
proposal  while  also  asking  that  the  Santa  Monica Playhouse
prepare a detailed description of the project.

The proposed theatre facility will consist of two  theatres,  one
containing  approximately  125  seats and the other approximately
150 seats.  In addition, space will be provided  for  educational
workshops,  classes,  and the theatre office administration.   No
general office, retail, or restaurant space is proposed.  The new
facility  will  enable  the Santa Monica Playhouse to consolidate
all their operations under one roof.  Currently, activities  such
as  set  construction  and  storage  occur  in off-site locations
outside of the City.  The  need  for  additional  off-site  space
increases the Playhouse's operational costs.

Planning staff believes that the theatre facility will contribute
to  the  cultural  diversity  in  the  downtown  core of the City
through its  continued  educational  and  theatrical  activities.
Therefore,  to  enable  the  project  to move forward through the
application process, staff recommends that non-profit  theatrical
and  educational  facilities  in  the  C3C  zone  be  exempt from
Ordinance 1634.  The proposed ordinance  states  that  non-profit
theatre facilities designed specifically for stage production and
related educational and administrative activities and located  in
the  Downtown  Overlay  C3C  Zoning  District,  which will occupy
25,000 or less square feet, are exempt from the City's commercial
moratorium.   However,  the  project will still be subject to the
Zoning Ordinance and will require normal discretionary approval.

BUDGET/FINANCIAL IMPACT

The recommendation presented in  this  report  does  not  have  a
budget or fiscal impact.

RECOMMENDATION

It is recommended that  the  City  Council  introduce  for  first
reading   an  ordinance  to  exempt  certain  non-profit  theatre
facilities from Ordinance 1634 (CCS), the Citywide moratorium  on
non-residential and hotel development.

Prepared By:  Paul Berlant, Director of LUTM
              Suzanne Frick, Planning Manager
              Amanda Schachter, Associate Planner
              Land Use and Transportation Management Department
              Program and Policy Development Division

Attachments:  A.   Ordinance Amending the Citywide Moratorium  on
                   Non-Residential and Hotel Development


                      ORDINANCE NUMBER ____

                      (City Council Series)

             AN ORDINANCE OF THE CITY COUNCIL OF THE
    CITY OF SANTA MONICA EXEMPTING CERTAIN NON-PROFIT THEATRE
           FACILITIES FROM ORDINANCE NUMBER 1634 (CCS)

      THE CITY COUNCIL OF THE CITY OF SANTA MONICA DOES ORDAIN AS
FOLLOWS:

      SECTION 1.  Applications for approval of non-profit theatre
facilities designed specifically for stage production and related
educational and administrative  activities  and  located  in  the
Downtown Overlay C3C zoning district, which will occupy 25,000 or
less square feet, are exempt from  the  provisions  of  Ordinance
Number  1634  (CCS)  pursuant  to  Section  3  of such Ordinance,
provided such projects obtain a development review permit.

      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 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  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
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:

__________________________________
ROBERT M. MYERS
City Attorney