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O1172 CA:SS~:se . counc~eeting 06/24/80 Santa Monica, ca~ornia ORDINANCE NO. 1172 (Clty Councll Series) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA DECLARING CERTAIN VESSELS STRANDED ON THE SANTA MONICA BEACH TO BE ABANDONED PROPERTY WHEREAS, a severe storm struck the City of Santa Monica on February 18-19, 1980; and WHEREAS, as a result of that storm, eight vessels were washed up and stranded on the Santa Monica Beach north of the Pier; and WHEREAS, the owners of seven of those vessels were noti- f~ed by the City to remove the vessels at thelr expense, and the owner of the eighth vessel is unknown; and WHEREAS, notwithstandlng the passage of more than 30 days Slnce that notlfication, the known owners have not responded or have refused to remove the vessels; and WHEREAS, the stranded vessels have remained on the beach for more than 100 days without a watchman nearby and are thus consldered abandoned property; and WHEREAS, the contlnued presence of these vessels presents an unacceptable risk of injury to persons on the beach who could run into or fall from th~T.; ar.d WHEREAS, removal of the!:>e vessels .LS necessar y for the welfare and ~afety of the public; THE CITY COUNCIL OF THE CITY OF SANTA MONICA ORDAiNS AS FOLLOWS: . Vessel .er of boat is on the propeller, push- ./ ..........,; .-' J SECTION 1. The following vessels or parts of vessels, having been stranded on the Santa Monlca beach fo~ a perlod in excess of 100 days wlthout a waLchman posted nearby, are found and declared to be abandoned property with1n the mean- ~ng of Sectlon 522 of tIle Callfornia Harbors and Navlgation Code: Vessel Owner (a) Two "surv1val-escape capsules", Rlchard Koch one orange, one 311ver, originally marketed to facllitate emergency evacuat10n on the seas noW mod1fied such that its skirt, which stabilizes t~e vessel, has been removed: orange capsule appears to have ~rack in flbergla~s where the upper and lower port1on of the vessel are joined tog ether. lb) Three (3) sailboats - approx- Rich::!.rd Foch imately 19' in lengtn: all appear to be set down on their keels wlth keels stlcklnq out, cracks 1n stern, possible fractures where keel Joins hull, garboard strake may leak. (c) One Boston whaler type Sklff - Rlchard Koch approxlmately 12 feet 1n length. (d) One Owens power boat - approx- Luc 10 Garc ia imately 26 feet 1n length: weight -2- . Vessel ~er of boat is on the propeller, push- ing propeller into hull and frac- tured keel llkely (e) One derellct vessel - poss~bly Unknown 12 feet in length: generally d~lap~dated old skiff SECTION 2. The City Manager, or his designee, shall, upon the eXplratlon of ten (10) days after the adoptlon of thlS ordinance, cause the aforementloned abandoned vessels to be sold, destroyed or otherwise d~sposed of ln such manner as he may de~ expedient or convenient. Upon sale title shall vest In the purchaser who shall lmmediately take steps to re~ove the property. All pro- ceeds from such sale shall be the property of the City. SECTION 3. The C~ty Manager, or his deslgnee, is author- ized to cause the removal of the aforementloned abandoned vessels from the beach for the purpose of effecting thelr sale or other means of dlsposal and to enter lnto contracts necessary for such removal. The minimum prlce of any vessel so removed shall be the cost of that removal. SECTION 4. Any provision of the Santa Nonlca Munlclpal Code or appendlces thereto inconsistent therewlth. to the extent o~ such lnconslstenCles and no further, are hereby repealed or modi- fied to that extent necessary to effect the prOV1Slons of this ordlnance. -3- . . SECTION 5. If any section~ sUbsection, sentence, clause~ or phrase of th~s ordinance is for any reason held to be invalid or unconstitut~onal by a decision of any court of any competent jurisdiction, such decision shall not affect the val1dity of the remainlng portions of the ordinance. The City Council hereby declares that it would have passed this ordinance and each and every section, subsect~on, sentence, clause or phrase not declared invalid or unconstitutional without regard to whether any portion of the ord~nance would be subsequently declared 1nva11d or unconstltut1onal. SECTION 6. The Mayor shall sign and the Clty Clerk shall attest to the passage of thlS ordlnance. The City Clerk shall cause the same to be published once in the official newspaper withln fifteen (15) days after ~ts adoptl0n. The ordinance shall beco~e effective after thirty (30) days from its adoption. APPROVED AS TO FORM: ~Skf-Stuk. STEPH~N SHANE STA~K Acting City Attorney -4- ill .. accordance with good zonlng practlce, and should be adoptedi and WHEREAS, a public hearlng ~as held before the Plannlng COmIDlssion on the proposed amendment and reclasslflcation on July 21, 1980 and the Planning commission consldered and recommended the amendment and reclassification to the City Councll; and WHEREAS, the City Council, after a publ~c hearlng concurs with the reco~endat~on of the Planning Commission THE CITY COUNCIL OF THE CITY OF SANTA MONICA DOES ORDAIN: SECTION 1. Section 9119 of the Santa Mon1ca Munic~pal Code, Zormerly reserved for future use, lS added to read as follows: SECTION 9119. "CMu Main Street Spec~_~~_ ~ommercla1. Distrlct. A. ~~gis1atlve flndings; statement of intent 1. It is recognlzed and found that: a. The Main Street Commercial Dlstrlct is not sim~ly a Neighborhood Comrnercla1 Area or H~ghway Commercial Zone, nor 15 it a Downtown Central BUSlness Dlstrict. b. The Main Street COmMerc~al District has historlcally accommodated a varlety o~ uses, including commerClal uses, Wh2Ch have ?ro- vided dally necess2ties, places 0:- employ- ment, and leisure time opportunlt~es for those living ln the surrounding commun~ty and the greater Santa Monica area, as well as for the area's large number o~ tourlsts. -2- ". ee c. The llain Street Commerclal Dl.strl.ct 1.S l.n direct proxlmity to adjoinlng residentlal neighborhoods of hlgh denslty but prlncl.pally low to Moderate scale, and as a coastal commercial area also adjoins popular beach recreation areas whlch regularly generate substantial transient lnflux. d. A flnancia11y successful business district is a valuable and sometimes fraglle entity. 2. The Main Street Speclal Commerclal Dlstr1ct 15 establl.shed to encourage physlcal lmprovements of low to moderate scale which wlll contlnue to be compatible wlth nearby commercial and resl.dentl.al uses and to encourage a variety of commercial and resldential uses WhlCh will provlde a balanced supply of goods and serVlces conSl.stent with the hlstorical pattern. SECTION 2. Section 91l9A is added to the Santa !4onlca Munlcipal Code to read as follows: SECTION 9119A. "eM" Maln Street Special CoromerClal District Re.<Julations. The followlng regulatlons apply to the "Cl1" Maln Street Speclal Con~ercial Distrlct: SECTION 3. Section 9119B is added to the Santa Monlca Munlcipa1 Code to read as follows: SECTION 9119B. Uses Permltted. The following uses are permltted ln the "eM" Hain Street Special Commercial Dlstrlct: -3- ~ ~ 1. Residential uses, except motels, hotels, and hostels, are permitted above the first floor. 2. Any of the following uses if conducted \vithin an enclosed building in accordance w~th the spec~al condltions set forth ~n Section 9119B4: a. Retail stores and offices. b. Ant~que and second-hand stores. c. Banks. d. Bakery. e. Bicycle shop. f. Delicatessen. g. Dressmaker. h. Drug store. i. Feed or fuel store. j. Film exchange or developing. k. rlorlst, flower, and plant nursery. 1. GYMnasium, dance stud~o. m. Ice-cream store (retal1 ice cream only, no seat~ng). n. Laundry, laundromat, dry cleaners. o. Medical and dental cl~nics or laboratories. (Laboratories permltted above the f2rst floor only.) p. Pet store, taxidermist. q. Print or publ~sh2ng shop. r. Plumblng shop. s. Repair shops for household equipment. t. Theaters and auditor2ums w~th fewer than 75 seats. u. Upholsterer's shops. v. Wholesale stores where public ~s 2nvited. -4- ~ ~ w. Restaurants wlth fewer than 50 seats. (See Section 9l19B4d). x. Such other uses as the Zoning Adminlstrator may flnd to be similar to those listed above and not more obnox~ous to surround~ng property. 3. Any of the followlng uses upon issuance of a Cond~tlonal Use Permit under the provis~ons of Sect~on 9148: a. Automobl1e repalr and serVlce. b. Restaurants wlth 50 seats or more. (See Section 9119B4d). c. Bars. (See Sectlon 9119B4e). d. Fast-food and take-out establishment (See Sectlon 9119B4d). e. BUSlness college. f. Catering buslness. g. Hotels and hostels, north of Bay Street only, (not motels). h. Liquor store in which more than 50% of the display area 1S devoted to alcohollC beverages. l. MUS1C conservatories and instruction. J. Slgn palntlng. k. Trade schools. 1. Theaters and auditorlums with more than 75 seats. m. Any slngle occupancy or contlguous, ~ntegrated use ~n excess of 8,600 sq. ft. of floor area. n. Any slngle occupancy or contiguous, lntegrated -5- e. -- use In excess of 75 feet of ground-floor Ma~n Street frontage. o. Any exist~ng use wishkng to add regularly scheduled entertalnment for which there would be inadequate park~ng. 4. Speclal Restrictlons. Uses pernutted in the "CH" Distrlct shall comply with the followlng speclal restrict~ons: a. First floor uses must be "publlC invited" establishments. A "publ~c invited" establlshment 15 one that permlts entry for the purpose of doing bUSlness to the public generally. An establishment does not lose its public 1nv1ted character because the business may be transacted by appolntment only, or because a receptlon area or other lnternal barrler is interposed between the publlc and buslness offlces. b. F1rst floor retal1 or restaurant uses may extend to a ~ezzan~ne level not exceeding 40% of the flrst floor area. c. Second floor retail uses must be "communlty orlented. II For purposes of th~s sectlon "cOIluuunl ty oriented" 1S defined as those uses which provide commerclal goods llkely to be consumed on a regular basis in the normal llfe of the adJo~nlng corrununity. -6- 4 . d. Restaurants are limited to two restaurants per block (a block be~ng both sides of Main Street and the adjacent sides of adjolning side streets). Portions of Ma~n Street to be deslgnated "blocks" for the purpose of this section are: Block 1: South C~ty l1IDlts to Marlne Street; Block 2: Marine Street to Pler Street; Block 3: Pier to Ashland; Block 4: Ashland to ElII; Black 5: El1l to Ocean Park; Block 6: Ocean Park to Hollister; Block 7: Holllster to Strand; Block 8: Strand to Paclfic; Block 9: Paclfic to Bicknell; Block IO: Bicknell to Bay~ Block ll: Bay to P1CO. Restaurants with more than 50 seats, restaurants wlth a substantlal take-out business, and any second-floor restaurant use will require a Conditional Use Permlt. (Restaurants are defined as establishments serVlng a variety of unpackaged foods prepared on site for consumptlon.) e. Bars may not exceed seven in number south of Ocean Park Boulevard nor five In number north of Ocean Park Boulevard. No bars shall be located on any Main Street corners. (For purposes of this section, bars are defined -7- . . as establ~shments wlth "publlC premises" llquor llcenses and restaurants with a liquor serving facillty that lS physically separate from the dining area and is regularly operated during hours not corresponding to food service hours.) Condltional Use Permlts are requlred for all bars. 5. Prohlblted Uses. The following uses are speclflcally prohlbited in the "eM" Dlstrlct: a. Bars above the flrst floor. b . Bll1boards . c. Billlard parlors and pool halls. d. Bowling alleys. e. Drive-in or drlve-through uses. f. Game arcades. g. Motels. h. i. Retail uses above the second floor. Restaurants above the second floor or on the second floor of a slte where the re is an eXlsting restaurant. Sex-oriented uses. j. SECTION 4. Section 91l9C lS added to the Santa Monlca Municipal Code to read as follows: SECTION 9119C. Property Develornent Standards. The followlng property development standards shall apply to all land and structures in the "eM,n Distrlct: -8- . . 1. Bu~ldin~ Height. There shall be three helght districts in the "CMu D~str~ct. Any property class~fied ln the "CM" Distrlct shall also be classlfled in a height district. BU11ding helght llroits in the speclflc d~strlcts deslgnated on the Zoning Map shall be as follows: CM-2. Buildlngs In the CM-2 Dlstrlct shall not exceed two storles and 27 feet In helght. CM-3. Buildlngs In the CM-3 District shall not exceed three stories and 35 feet in height. CM-4. Buildings in the CM-4 Distrlct shall not exceed four stories and 47 feet in helght. For the purpose of thlS section, helght Ilmit 18 the rnaXlmum roof height as defined by the City Zoning Ordinance, excluding parapets, mechanical housings and other appurtenant roof-top structures or penetrations such as skylights, stalrwells, ventilation atria and other architectural arnenlties intended to dlstinguish the overall deslgn, but WhlCh do not tend to obscure the lntended helght Ilmi ts . 2. Permltted Floor Area. Other sectlons of this Chapter notwlthstanding, the total adjusted floor area of any buildlng constructed In thlS dlstrlct shall not exceed three and three-tenths (3.3) tlmes the horizontal area of the commercially zoned lot or -9- . . lots except that buildings in excess of the limitation may be perm~tted by the ~ssuance of a Condlt1onal Use Permit under the procedures of Sect~on 9148 on the basis of an environmental and fiscal analysis sat~sfactorily demonstrating that no significant adverse environmental or fiscal impacts will occur as a result of the increased floor area. Multl-residential units devoted strictly to apartment residential uses shall be computed at one-half (1/2) the actual total adJusted floor area, and areas devoted to parking structures below the first floor level shall be excluded. "First floor level" means the floor above the basement as defined in Sect~on 9102 of the Municipal Code. 3. Yards: a. Front Yard. A front yard shall be provided and maintained. Said yard shall have a minimum depth as follows: {I} comruta~i~n/Qim~nsionsfDr~veway~ Required front yard space may be provided in any configuratlon on any floor or floors provided the first floor area 1S not less than 3% of the site area and not less than eight feet wlde. Only that port~on of a driveway forward of the foremost building line which is treated in an aesthetic manner similar or identical to the remainder of the front yard shall be included in the computation of front yard area. (2) CM-2 District~.~ast side of Main Street} a front yard equal to 3% of the total site area shall be ~rovided for the first floor only. -10- . . {3} CM-2 District, west side of Main Street, a front yard equivalent to 3% of the total site area multiplied by the number of floors of the structure. (4) CM-3 DJstrict, same as CM-2, west slde. (5) CM-4 District, same as CM-2, west side. b. Side Yards. No side yard shall be required c. Rear Yard. A rear yard shall be provided and maintained. Sald yard shall have a minimum depth as follows: (I) CM-2 Distrlct, east side of Maln Street. Ca) No rear yard shall be required for one story structures and for the first floor of a two story structure, provided that any portion of the first floor which is within five feet of the rear property line is not more than nine feet in height and is fully enclosed i.e., without win- dows, doors, or ventilation Openlngs per- mitting visual access to adjoinlng resi- dential property. Any portion of the first floor that either exceeds nlne feet in height or is not fUlly enclosed shall be at least five feet from the rear property line. The minimum rear yard requirement for the second story portion of a two story structure shall be 25 feet. Cb) Use of Rear Yard. Comrnerclal Use of the rear yard is not permitted. Non-commercial uses and parking are permitted in the rear yard to the rear property line on the ground level. (c) Use of Roof in Rear Yard. No portion of the first floor roof within 15 feet of the rear property line may be used for any purpose other than maintenance and repair. The next 10 feet may be privately used (not open to the pUblic) if enclosed with a solid six foot barrier and window design that prevents visual intrusion of adjoining residential property. -11- ~- J" Jl . . (d) Exception. There shall be no rear yard setbacks required where existing parking improvements and common ownership extend through to Second Street. (2) CM-2 District, west sldp of Main Street. No rear yard shall be required for one story structures and for the first floor of a two story structure, provided that any portlon of the first floor structur~ which is within five feet of the rear property line does not exceed nine feet in helqht. Any portion of the first floor that exceeds nine feet in height shall be at least five feet from the rear property line. The minimum rear yard requirement for the second story of a two story structure shall be seven and one-half feet. (3) ~~-3 D2strict. Rear yard requlrements In the ClI1-3 District shall be the same as those required in the CM-2 Distrlct, west side of Mqin Street for one and two story structures with a minimum requirement of 15 feet for any portion of a third story. l4) CM-4 District. No rear yard shall be required. 5. 9ff-~treet Parkinq. The provisions of Section 9129 shall apply with the following exceptions: a. 30% oiall required parking spaces may be designed for compact s~zed vehiCles, such spaces to measure eight feet by 16 feet In dimension. <~ b. In structures hOusing mixed commercial and residential uses, parking above the first floor shall be allowed. 6. ~igns and NameplateR. The provisions of Article VIII shall apply. 7~ 9ff-S~reet Loading. The proviSions of Section 9130 shall apply. -12- . . 8. noise and Acoustic Control. Other sections of this Chapter notwithstanding, the following requirements shall apply to establishments wlth live entertainment or other loud mUS1C for which a building permit or use permit is sought after the effective date of th~s sect10n: a. Exterior wall and window construction must be to a mini~um STC rat~ng of 45, as determined b} the ASTM or other s~m~lar accepted industry standard. b. Exterior Doors and Doorways: (1) Doors must be solid core or ID1neral filled. (2) Doors must be gasketed to provide a seal at headl sill and Jamb. (3) Hain entrance must contain an "acoustic lock" or other equl.valent "sound trap.1I c. The intent of thlS section is to require an establishment providing entertainment or loud mUSlc to contain the resulting noise withln its walls to the greatest extent posslble. 9. Appli~abil~t~,_ E~f~ctiveness. Notwlthstandlng speclflc references contal.ned herein, the prOV~Slons of this ordinance are not meant to apply to: a. Current uses, regardless of changes of o\vuershipl unless the existing use 15 intensi- fled by a floor area addlt~on of more than 15% or by other substantial lntensification, such -13- .. . . as the introduction of regularly scheduled entertalnment, except that there may be no more than an incidental increase ln the ser- fice area floor space of bars and restaurants; nor b. Changes in use which result in a use permitted under Section 9119B2 that is less intense than the current Use. Existing uses shall count toward the total number of bars and restaurants permitted within the District. A current use shall be considered no longer existent if that use is voluntarily changed or lS abandoned for a period of one year. SECTION 5. The Santa MOnica Districting Map ~s amended to reclassify to the "eM" Maln Street Special Commercial District all those properties presently elasslfied in the C4 Highway Commercial District located between PieD Boulevard and the southeasterly City limits and Second Street and Neilson Way. The ueMu District is divided into SUb-distrlcts, as shown on the Zonlng map as follows: All those commercially zoned properties in the- Main Street C0mmercial Dlsrlct presently zoned C-4 shall be in the CM-2 district except the follQwing: a) those propertles on the west side of Main Street northwesterly of Strand and southeasterlY.of Bay, and lots 5, 6, and 7 of Weid and Haverstick's SUbdlVision, shall be in the CM-3 district, and -14- ~ '"=l'~ _.- - .,.: . . b) those properties southeasterly of Pier and northwesterly of Bay, except lots 5, 6, and 7 of Weid and Haverstick's sub- division shall be ln the CM-4 distr~ct. SECTION 6. Any provision of the Santa Monica Municlpal Code or appendices thereto lnconsistent therewith, to the extent of such inconsistencies and no further, are hereby repealed or modl- f~ed to that extent necessary to effect the provislons of this ordinance. SECTION 7. If any section, subsection, sentence, clause, or phrase of th~s ordinance lS for any reason held to be invalid or lnconstltutlonal by a decision of any court of any competent jurisdiction, such decislon shall not affect the validity of the remaining portions of the ordinance. The City Council hereby declares that it would have passed this ordinance and each and every sectlon, subsection, sentence, clause, or phrase not declared lnvalid or unconstitutional. SECT~ON 8. The Mayor shall s1gn and the City Clerk shall attest to the passage of this ordlnance. The City Clerk shall cause the same to be published once ln the official newspaper within 15 days after its adoption. The ordinance shall become effective after 30 days from lts adoption. APPROVED AS TO FORM: St}.a,,~..~ S1u1c. STF.:PH~ SHAm STARK - Actlng City Attorney -15- . , /' ADOPTED AND APPROVED THIS 10th DAY OF Septem.ber I J950 I .~ /J' .,~ '. \ IJ,' ~ o. J.' " .' , " . . - , ~ ,.......--l...~ ,,.. , MAlfdR ./1tUuk~ I HEREBY CERTIFY THAT THE FOREGOING ORDINANCEJ No. 1179 I WAS DULY AND REGULARLY INTRODUCED AT A MEETING OF THE CITY COUNCIL ON THE 12th DAY OF ~~ugust } 1980; THAT THE SAID ORDINANCE WAS THEREAFTER DULY ADOPTED AT A MEETING OF THE CITY COUNCIL ON THE 10th DAY OF September ~ 1980 BY THE FOLLOWING COUNCIL VOTE: AYES: COUNC I U1EMBERS: Yannatta Goldway, Jennings, Rhoden, Scott, Bambrick NOES: COUNCILMEMBERS: Reed ABSENT: COUNCILMEMBERS: van den Steenhoven ATTEST: ~~ GjlL411ef-~ CITY CLERK