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O1178 '- . . ~- CA:SSS:BB:b1 Councl1 Meeting 9/9/80 Santa Monica, Californ1a ORDINANCE NO. 1178 (City Council Serles) AN EMERGENCY ORD1NANCE OF~THE CITY COUNCIL OF SANTA MONICA AMENDING AND CLARIFYING ORDINANCE NO. 1176 RELATING ro THE MAIN STREET SPECIAL COMMERCIAL DISTRICT WHEREAS, Emergency Ordlnance No. 1176 was adopted by the C1ty Council on August 12, 1980, establishing a Main Street Spec1al Commercial Districtj and WHEREAS, that ordinance 1S currently in effect; and WHEREAS, clarifying language w1th respect to minimum rear yard requirements could not be arranged prior to pub1icat1on of the emergency ordinance; and WHEREAS, a certain ambiguity concerning permitted location of medical and dental laboratorles exists in the emergency ordlnanCej and WHEREAS, these ambiguit1es should be corrected while the ord1nance is in effectj and WHEREAS, thlS 15 deemed to be an urgent situation, -..t:. ~-~.-- ....--. . . ;;. THE CITY COUNCIL OF THE CITY OF SANTA MONICA DOES ORDAIN: SECTION 1. Section 91l9B2o is amended to read as follows: o. Medical and dental clinics or laboratories. (laboratories permitted above f1rst floor only) SECTION 2. Section 9119C3c(l} (a) is clarif1ed to read as follows: (1) CM-2 District, east side of Main Street. (a) No rear yard shall be required for one story structures and for the first floor of a two story structure, provided that any port1on of the first floor Wh1Ch 1S within f1ve feet of the rear property line 1S not more than n1ne feet 1n he1ght and lS fully enclosed; i.e., without win- dows, doors, or ventilation openings per- mitting visual access to adJoining resi- dential property. Any portion of the first floor that either exceeds n1ne 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. SECTION 3. Sectlon 91l9C3c(2) is clarified to read as follows: (2) CM-2 District, west side 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 portion of the first floor structure which is w1th1n f1ve Ieet of the rear property line does not exceed nine feet in height. 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 a~ory~of a,two stq~<structure shall be seven and one-half feet. ' SEā‚¬TION 4. This ,ordi.nance is de(t],.a~e9 "10 be an emergency measu~e ~dopted pursuant to tbe provisions~ot Section 615 of the Santa Monica C1ty Charter and is necessary far preserv1ng the -2~ -....._-~'"'-; ,. f ~ . . public peace, health and safety, and the urgency for its adoption as set forth 1n the findings above. SECTION 5. Any provision of the Santa Monica Municipal Code or appendlces thereto inconslstent herew1th, to the extent of such 1nconsistencies and no further, are hereby repealed or mod1fied to that extent necessary to effect the provis1ons of th1S ordinance. SECTION 6. If any prov1sion of this ordinance is held to be unconstitutional by any court of competent ]urisdict1on, it 1S the intent of the City Council that such portion of such ordinance be severable from the reMainder and that the remainder be given full force and effect. SECTION 7. The Mayor shall sign and the Clty Clerk shall attest to the passage of this ordinance. The City Clerk shall cause the same to be published once in the officlal newspaper within 15 days after 1tS adopt1on. The ordinance shall become effective from and after its adoptlon. APPROVED AS TO FORM: ~~..~ St,,- STEPHEI'I SHANE. STARK - - . Acting City Attorney '. ~ ~ ~ -3- . eft c".- i-'. . . , ADOPTED AND APPROVED THIS 10th DAY OF SeDtemher , ElSO I C)tt L 11 / /~~ '. J . '- / '\ j l.i-1- ~! - 1/ ,-JL.,V{..~ / ,"'- MAY~R i- I HEREBY CERTIFY THAT THE FOREGOING ORDINANCE~ No. 1178 J WAS DULY AND REGULARLY INTRODUCED AT A MEETING OF THE CITY COUNCIL ON THE 12th 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 Sentemher BY THE FOLLOWING COUNCIL VOTE: J 1980 AYES: COUNCILMEMBERS: Yannatta Go1dway, Jennings, Rhoden, Scott, Bambrick NOES: COUNCILMEMBERS: Reed ABSENT: COUNCILMEMBERS: van den Steenhoven ATTEST: - ~>h-~^Z CITY CLERK