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O1176 - . . Ch.:SSS:BB:bl Councll Meetl~9 8/12/80 Santa Mon1ca, Cal~forn1a OrC:~nance Ko. 1176 {Cl t:T COll.'1c1l Serles) AN EMERGENCY ORDINANCE OF THE CITY COUNCIL OF SANTA r':O::ICA AliEXDING Chh?TER 1 OF ARTICLE IX 0:' TEE SA~TA MOI~ICA MUNICIPAL CODE ESTABLIShING A C~ Y~IN STREET SPECIAL CO~~RCIAL DISTRICT A!;D ],':1L~mING THE SA!~TA NOKlCA DISTRICTn~=- ~.F BY RECLASSIFYING ALL C4 ZONED PROPERTIES IK THE IvlAI!J STREET COM.\lI:RCIAL DISTRICT AND DECLARING THE PRESENCE OF AN EMERGENCY. K:ISRLAS, the present C4 H1ghway Commerc1al zoning of the MalD Street Comnerclal D1strict lS 1nconsistent w1th the needs and best lnterests o~ the commun1ty 1n that the use and bUlld1ng restr1ctlons are lnconpat1ble w1th adjacent and surround1ng areas; and \:HEREAS, the proposed C1-1 Ma1n Street Special Commerc.l.al zODlng lS cons1stent w1th the needs and best lnterests of the COT"L,Un1 ty 1n that the use and bU11d1ng restrlct10ns have been espec1al1y deslgned to be compat1ble with adjacent and surround1ng areas; and t:HEREAS, the proposed changes w111 serve to substant1a1ly reuuce potentlal bU1ld1ng helght, bulk, traff1c, confl1cting uses, use of non-renewable resources and the adverse 1rnpacts associated therew1th, and 1t 1S certa1n that the changes will not have a Slgn1f1cant adverse effect on the env1ronment; and WHERBAS, the enactment of Section 9119 and the reclassification of the Main Street Co~~erc1al area from the C4 to the 04 Distr1ct lS in the publ1C necess1ty, convenience, general welfare, 1n . . accordance wlth good zoning practice, and should be adoptedi and WHEREAS, a public hearlng was held before the Planning CO~~lSSlon on the proposed amendMent and reclasslfication on July 21, 1980 and the Plannlng COmM15S10n considered and reco~~ended the amendment and reclassification to the City Councili and WHEREAS, the Clty Counc11, after a pub11C hearlng concurs wlth the recommendation of the Planning Commlssloni and WHEREAS, the eXlstlng moratorlum on development in the Maln Street Commerclal Dlstrlct wlll explre on August 27, 1980i and W~EREAS, thlS 1S deemed to be an urgent situatlon THE CITY COUNCIL OF THE CITY OF SANTA MONICA DOES ORDAIN: SECTION 1. Sectlon 9119 of the Santa Monica Municlpal Code, formerly reserved for future use, 1S added to read as follows: SECTION 9l19. "CM" Maln Street, Special Conunerclal District. A. Legisfat_lv~ findlI?g5j. 5tate~,en,,~ of intent 1. It is recognlzed and found that: a. The ma1n Street Commercial D1str1ct 15 not slmply a Neighborhood Commerclal Area or Hlghway Cornmerclal Zone, nor is 1t a Downtown Central BUSlness Dlstrlct. b. The Main Street Commerc1al D1strict has h2stor1cally accommodated a varlety of uses, includ1ng commerclal uses, WhlCh have provlded dally necesslt1es, places of employment, and leisure tlme opportunlt1es for those l~vlng in the surrounding cammunlty and the greater Santa Monica area, as well as for the area's large number of tourists. -2- . . c. The l1aln Street Commerclal Dlstr1ct is ~n direct proX1IDlty to adJolnlng resldentlal nelghborhoods of hlgh denslty but prlnclpally low to Moderate scale, and as a coastal comnerclal area also adjolns popular beach recreation areas WhlCh regularly generate substantlal trans lent lnflux. d. A flnanclally successful business distrlct lS a valuable and sometimes fragile entlty. 2. The Haln Street Speclal Cor.unerClal Distrlct lS established to encourage physical improvements of low to moderate scale WhlCh wlll contlnue to be compatlble wlth nearby commercial and resldentlal uses and to encourage a varlety of commercial and resldentlal uses WhlCh wl11 provlde a balanced supply of goods and serVlces conslstent w1th the hlstor~cal pattern. SECTION 2. Sectlon 9119A lS added to the Santa Monlca Munlclpal Code to read as follows: SECTION 9ll9A. "eM" Main Street Sp~cial CoTIUtlercial D1str1C::t Regulat~ons. The followlng regulations apply to the "CH" Maln Street Speclal ConwerClal Dlstrlct: SECTION 3. Section 9119B 1S added to the Santa Monlca Munlclpal Code to read as follows: SECTION 91l9B. Uses Pernltted. The fOllowing uses are perrrutted 1n the "CM" Haln Street Speclal Cornmerclal District: -3- . . "'-'''' ~~ 1. Resldentlal uses, except motels, hotels, and hostels, are permltted above the flrst floor. 2. Any of the followlng uses If conducted wlthln an enclosed bUlldlng In accordance with the speclal condltlons set forth 1n Sect10n 9l19B4: a. Retall stores and offlces. b. Antlque and second-hand stores. c. Banks. d. Bakery. e. Blcycle shop. .s: J.. . Dellcatessen. g. Dressmaker. h. Drug store. 1. Feed or fuel store. J. Fllrn exchange or develo~lng. k. Florlst, flower, and plant nursery. 1. Gy~aslum, dance studlO. m. Ice-cream store (retail ice cream only, no seat1ng). n. Laundry, laundromat, dry cleaners. o. Medlcal and dental clin~cs or laborator~es. p. Pet store, tax1dermlst. q. Prlnt or publlshlng shop. r. Plumblng shop. s. Repalr shops for household equipment. t. Theaters and audltorlums wlth fewer than 75 seats. u. Upholsterer's shops. v. ~fuole5ale stores where publlC 1S invited. -4- . . use 1n excess of 75 feet of ground-floor Maln Street frontage. o. Any ex~stlng use wlshlng to add regularly scheduled entertalnment for WhlCh there would be 1nadequate parklng. 4. Speclal Restrlct1ons. Uses perna tted in the "ell" Distr1ct shall comply wlth the followlng spec1al restrlctlons: a. Flrst floor uses must be "publ1C lnvlted" establlshrnents. A "publlC lnvlted" establlshment is one that permlts entry for the purpose of dOlng buslness to the publlC generally. An establlshment does not lose lts publlC lnvlted character because the buslness may be transacted by appolntment only, or because a receptlon area or other internal barr1er is 1nterposed between the publlc and business offices. b. Flrst floor retail or restaurant uses may extend to a mezzan1ne level not exceedlng 40% of the flrst floor area. c. Second floor retal1 uses must be "communlty orlented." For purposes of thlS sectlon "COnununlty orlented" 15 def1ned as those uses which provlde co~erclal goods llkely to be consumed on a regular baS1S ln the normal 11fe of the ad)Olning conununity. -6- . . ADOPTED AND APPROVED THIS 10th DAY OF September ~ 19bO I I HEREBY CERTIFY ; i / I , / (~/ THAT THE FOREGOING ORDINANcE~ 'j /;~ J0Q;~ f' , ..., ~'AYOR NO, 1177 ~ WAS DULY AND REGULARLY INTRODUCED AT A MEETING OF THE CITY COUNCIL ON THE 13th DAY OF August J 1980; THAT THE SAID ORDINANCE WAS THEREAFTER DULY ADOPTED AT A MEETING OF THE CITY COUNCIL ON THE 10th DAY OF September ~ 198Q BY THE FOLLOWING COUNCIL VOTE: AYES: COUNC I Lf'.1EMBERS: Yannatta Go1dway, Jenn1ngs, Reed, Rhoden, Scott, Bambrick NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: van den Steenhoven ATTEST: a~l 7lWd~ / CITY CLERK . , Cd) Exceptlon. There shall be no rear yard setbacks requlred where eXlsting parklng lmprovements and common ownershlp extend through to Second Street. (2) CM-2 Dlstrlct, west slde of Maln Street. No rear yard shall be requlred for one story structures and the flrst floor of a two story structure provlded any portlon of the flrst floor structure wlthin flve feet of the rear property line does not exceed nine feet in helght. The minimum rear yard requlrement for the second story of a two story structure shall be seven and one-half feet. (3) CM-3 D~strict. Rear yard requirements ln the Ct1-3 Dlstrlct shall be the saMe as those requ1red in the CM-2 Dlstrlct, west 51de of Maln Street for one and two story structures wlth a minimum requlrement of l5 feet for any portlon of a thlrd story. (4) CM-4 Dlstrlct. No rear yard shall be requlred. 5. Off-Street P,a~king. The provlsions of Sectlon 9129 shall apply with the following exceptlons: a. 30% of all requlred parking spaces may be deslgned for compact slzed vehlcles, such spaces to measure elght feet by 16 feet in dlmenSlon. b. In structures houslng mlxed commerclal and resldentlal uses, parklng above the first floor shall be allowed. 6. Sl~n~ and Narnepl~~es. The provislons of Art~cle VIII shall apply. 7. Off-Street Loadlng. The prov1sions of Sectlon 9130 shall apply. -12- . . 8. tIolse and AcoustlC Control. Other sections of thlS Chapter notwlthstandlng, the followlng requlrements shall apply to establ1shments with llve entertalnment or other loud mUS1C for WhlCh a bUlldlng permit or use permit 15 sought after the effectlve date of thlS sectlon: a. Exterior wall and wlndow construction must be to a mlnimum STC ratlng of 45, as determined b} the ASTM or other slmilar accepted lndustry standard. b. Exterior Doors and Doorways: (I) Doors must be solld core or mineral filled. (2) Doors must be gasketed to provlde a seal at head, s111 and Jamb. (3) Haln entrance must contaln an lIacoustlc lock" or other equivalent "sound trap." c. The ~ntent of thlS sectlon is to requlre an establlshment provlding entertalnment or loud mUS1C to contaln the resultlng n01se with1n its walls to the greatest extent posslb1e. 9. Applicability, Effectiveness. Notwlthstandlng speclfic references contalned herein, the prov1s1ons of this ordlnance are not meant to apply to: a. Current uses, regardless of changes of ownershlp, unless the eXlstlng use is 1ntensi- fled by a floor area additlon of more than 15% or by other substantial intenslflcatlon, such -13- -. -' -. . ./ ADOPTED AND APPROVED THIS 22nd DAY OF July ~ 19S0 I ~Ak)1. f3~_ U -MAlol1 .' I HEREBY CERTIFY THAT THE FOREGOING ORDINANCE~ No. 1~72 J WAS DULY AND REGULARLY INTRODUCED AT A MEETING OF THE CITY COUNCIL ON THE 1st DAY OF July J 1980; THAT THE SAID ORDINANCE WAS THEREAFTER DULY ADOPTED AT A MEETING OF THE CITY COUNCIL ON THE 2Znd DAY OF BY THE FOllOWING COUNCIL VOTE: July J 1980 AYES: COUNCILMEMBERS: Jennings, Reed, Scott, van den Steenhoven, Bambrick NOES: COUNCILMEMBERS: None ./ -- ABSENT: COUNCILMEMBERS: Yannatta Goldway, Rhoden ATTEST: /) ~J}. j /1.11..r.,.~ \...I...--?L--l/l / /L-X..J..1'l.-..- ~ CITY CLERK