O1964 (2)
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CIty CouncIl Meetmg 1-11-00
Santa Momca, Cahfomta
ORDINANCE NUMBER 1964 (CCs)
(City Counctl Senes)
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA
AME~DING SECTIONS 9.04.08.12.020,9.0408.12.030, AND 9.04.12.090 OF THE
SANTA MONICA MUNICIPAL CODE TO MODIFY THE HOURS OF
OPERATION FOR GAME ARCADES AND TO CLARIFY THE
PERFORMANCE PERMIT REQUIREMENT
WHEREAS, Santa Monica MUnicipal Code Section 904.12090 requires new and
eXisting game arcades to obtain a performance standard permit which Imposes specific
location limitations, development standards, and operatIonal standards, and
WHEREAS, the hours of operation of game arcades are limited to between 800
a m and 10 00 P m every day of the week, and
WHEREAS, the limitation on operating hours IS mtended to prevent arcade
establishments from adversely Impacting nearby reSidences and residential neighborhoods
dunng the late evening hours, and
WHEREAS, the City's ZOning Ordmance currently allows game arcades to be
located In the RVC District on the Santa MOnica Pier and along The Promenade, and
WHEREAS, a moderate expansion In operating hours for game arcades on
weekends, holidays and dUring the summer season IS consistent With the character and
Intent of the VISitor serving RVC District and consistent With the operating hours of Similar
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uses In the dlstnct, and
WH EREAS, on December 15, 1998, George Gordon Enterpnses requested that the
that the Zonmg Ordinance be amended to allow game arcades to operate until 2'00 am;
and
WHEREAS, authonzlng a more slgmficant expansion of hours until 2 00 a.m any
day of the week would generate excessive nOIse and pedestnan and vehicular activity In
the surrounding residential area at a time when most business establishments In the area
are closed, when nOise and other disturbances have a greater Impact on residents and
when public safety resources are more limited, and
WHEREAS, on July 21, 1999, the Planning Commission held a public heanng on
George Gordon Enterprises, Inc 's request, and
WHEREAS, the Planning Commission recommended denial of thiS request and
recommended that the City Council instead adopt thiS proposed ordinance, and
WHEREAS, the City Council held a public hearing on thiS proposed Zonrng
Ordinance Text Amendments on December 14, 1999, and
WHEREAS, the proposed amendments are consistent In principle With the goals,
objectives, poliCies, land uses, and programs specified In the adopted General Plan,
specifically, Land Use Element Objective 1.5 which states "Expand viSItor
accommodations and related uses In the Oceanfront area, while protecting the eXisting
residential mix," and
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WHEREAS, Land Use Element Objective 1 2 4 provides. "limit the number or
control the location or otherwise mitigate the Impact of commercial uses such as video
arcades where the operation of such uses might have an adverse Impact on the
surroundmg neighborhood," and
WHEREAS, Land Use Element Objective 1 1 provides "Improve the quality of life
for all reSidents by proViding a balance of land uses consistent with protecting the
quality of life In all residential neighborhoods," and
WHEREAS, the ReSidential-VIsitor Commercial (RVC) Dlstnct IS Intended to proVide
for the concentration and expansion of coastal-related lodging, dining, recreation, and
shopping needs of tounsts and others while protecting the eXisting reSidential mix In the
area, and
WHEREAS, allowmg game arcades to operate m accordance with the hours In this
proposed ordmance will not Significantly Increase crowds, nOise, or disturbances In the
surrounding neighborhood given the level of vIsitor activity that currently eXists in thiS
portion of the City dunng the proposed hours, and
WHEREAS, the City Council fmds and declares that the public health, safety and
general welfare require the adoption ofthe proposed amendments because thiS moderate
expansion of operating hours for thiS use IS consistent with the character and mtent of the
VIsitor servmg RVC District and the operatmg hours of Similar uses In the district and will
ensure that nOIse and related problems assocIated wIth the operation of arcades will not
occur dunng early mornmg hours when most establishments m the area are closed and
when nOIse and other disturbances are most disruptive to reSidents,
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NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF SANTA MONICA
DOES HEREBY ORDAIN AS FOLLOWS'
SECTION 1 Santa MOnica MUnicipal Code SectIon 9 04 08.12 020 is hereby
amended to read as follows
9 04.08.12.020 Permitted uses
The following uses shall be permitted In the RVC
Dlstnct, If conducted within an enclosed bUilding, except where
otherwise permItted:
(a) Arts and crafts shops
(b) Camera shops.
(c) Congregate housing.
(d) Convention and conference facIlities
(e) Domestic violence shelters
(f) Entertainment and cultural uses
(g) Gift or souvenir shops
(h) Libraries
(I) Marine onented uses such as aquariums
(j) Museums
(k) Neighborhood grocery stores
(1 ) Single-family dwellings placed on a permanent foundation
(including manufactured housing)
(m) MultifamIly dwellings
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(n) Nightclubs wlthm hotels
(0) Retail uses that cater to the vIsiting public.
(p) Public parks and playgrounds
(q) Residential uses eXisting at the time of adoption of thIs Chapter.
(r) Restaurants.
(5) Schools.
(t) Senior housing
(u) Senior group housing
(v) Single room occupancy housing
(w) Skating finks
(x) Snack shops
(y) Swim and health clubs
(z) Transitional housmg
(aa) Outdoor public utilities and maintenance servIce yards
(bb) The follOWing uses If conducted on the Santa MOnica Pier or
along The Promenade'
(1) Bait shops and fishing supplies
(2) Exhibitions and games
(3) Fish markets
(4) Manne servIce stations and boat landings on the PIer only.
(5) Night clubs.
(6) Sport fishing
(cc) Accessory uses which are determined by the ZOning
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Administrator to be necessary and customarily associated With, and are
appropriate, inCidental, and subordinate to, the pnnclpal permitted use
(dd) Other uses determined by the Zoning Administrator to be similar
to those listed above and which are consistent and not more disruptive or
disturbing than permitted uses
SECTION 2 Santa MOnica MUniCipal Code Section 90408 12030 IS hereby
amended to read as follows
9.04 08 12 030 Uses subJectto performance standards permit
The follOWing uses may be permitted In the RVC District subject to the
approval of a Performance Standards Permit
(a) Automobile rental agencies
(b) Sidewalk cafes
(c) Game Arcades
SECTION 3 Santa MOnica MUniCipal Code Section 9 04 12 090 IS hereby amended
to read as follows:
9.04 12.090 Game arcades.
The nOise and lOItering commonly assocIated With game arcades tend
to decrease compatibility With adjacent and surrounding uses In order to
mitigate the Impacts of this use on other land uses, specific location
limitations, development standards, and provIsions shall be Imposed on
arcades and Video machines The following performance standards shall
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apply to game arcades
(a) Applicability. Arcades shall be permitted only In the RVe
District with approval of a Performance Standards PermIt and only in the
following two locations on the Santa Monica Pier and Fronting on the
Promenade. A Performance Standards Permit shall also be reqUired for
eXIsting arcades at such a time as those arcades apply for City permits for
expansion or remodeling or any other development reqUiring a permit from
the City or Within one year of the date of adoption of this Chapter.
(b) NumberofMachlnes Fourorfewerarcadeorgame machines
shall be permitted In any commercIal busmess More than four arcade or
game machines for any commercial business constitutes an arcade which
shall be subject to the standards and proVISions In thiS Section.
(c) Structures. All structures shall be constructed to achieve a
minimum Standard Transmission CoeffiCient (STC) sound rating of 45-50.
(d) MaXimum Number of Machines. The number of arcade or
game machines shall not exceed one machine per each 30 square feet of
floor area
(e) Raised Dais An adult supervisor shall be located on a raised
daiS so positioned as to be able to readily observe all arcade and game
machines and all areas of business
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(f) Lighting The arcade shall be fully and adequately lighted for
easy obseNatlon of all areas of the premIses
(g) Walls. The walls of the arcade shall be soundproofed to
absorb the nOIse generated by the arcade and game machines
(h) Bicycle Racks. Bicycle storage racks shall be maintained off
the public sidewalk to adequately accommodate bicycles utilized by arcade
patrons
(I) Restrooms. Each arcade shall provide at least one public
restroom accessible to the disabled
(]) Telephones. At least one public telephone shall be provided
at each arcade
(k) Hours of Operation The hours of operation shall be limited to
between 8.00 A.M and 10 00 PM, every day of the week, except that
game arcades on the Pier existing as of December 14, 1999 may operate
Monday through Sunday from 8.00 A.M to 2 00 A M
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(I) Adult Supervision. An adult supervisor shall be present at all
times dUring hours of operatIon and If the number of arcade and game
machines exceeds 40, there shall be two adult supervisors present at all
times dUring hours of operation
(m) Noise No amplified musIc shall be audible on the extenor of
the premises
(n) Smoking, Eating, and Drinking No alcoholic beverages, food,
drink or cigarettes shall be sold or consumed on the premIses and there shall
be no smoking within the arcade Appropnate notification shall be displayed
within the premises
(0) Litter The premises shall be continuously maintained In a
safe, clean and orderly condition
(p) Abandonment. A legal nonconforming arcade that IS closed
continuously for a period of one year shall be declared abandoned To
resume operation, the abandoned arcade must obtain a performance
standards permit In accordance with thIs Section.
SECTION 4 Any provIsion ofthe Santa MOnica Municipal Code or appendices thereto
Inconsistent with the provIsions of thiS Ordinance, to the extent of such inconsistencies and
no further, IS hereby repealed or modified to that extent necessary to effect the provIsions
of thiS Ordinance.
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SECTION 5. If any section, subsection, sentence, clause, or phrase ofthis Ordinance
is for any reason held to be invalId or unconstitutional by a decIsion of any court of
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 6. The Mayor shall sign and the City Clerk shall attest to the passage ofthls
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 thirty
days after Its adoption
APPROVED AS TO FORM
/}1.IlA~ Ld'U.,)l7AJ~
MARSHA JOtfES MOLtr"RIE
City Attorney
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Adopted and approved tlllS II" day of January. 2000 ~ J~. -.,
Ken Genser. Mayor
State of CalIforma )
County of Los Angeles) ss
CIty of Santa MOllIca )
I, Mana M Stewart, City Clerk of the CIty of Santa MOllIca. do hereby certIfy that the
foregomg Ordmance No 1964 (CCS) had Its IntroductIOn on December 14. 1999 and was
adopted at the CIty CouncIl meetmg held on January 11. 2000, by the followmg vote
Ayes CouncIl members
McKeown. Femstem, Bloom. Mayor Pro Tern O'Connor.
Mayor Genser
Noes CouncIl members
None
AbstaIn CounCIl members
None
Absent CouncIl members
RosensteIn. Holbrook
ATTEST
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Mana M Stewart, CIty- Clerk