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-
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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
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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.
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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
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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.
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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:
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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.
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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
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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.
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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
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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:
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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
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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.
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{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.
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(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.
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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.
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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
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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
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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
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ADOPTED AND APPROVED THIS
10th
DAY
OF Septem.ber
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, 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