SR-400-002-01 (19)
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AUG 1 2 1980
CA:SSS:se
Council Meetlng 08-12-80
Santa Monlca, Callfornla
Ijo~ -Odd- -0 I
STAFF REPORT
TO: Mayor and Clty Councll
FROM: Clty Attorney
SUBJECT: Ordlnance Establlshing Maln Street Speclal Commercial
Dlstrict and ReclasslfYlng C4 Zoned Propertles
INTRODUCTION
ThlS report transIDlts for flrst readlng a proposed ordlnance
establlshlng a Baln Street Special Commerclal Distrlct and reclassl-
fYlng all D4 zoned propertles In that distrlct to "CMu. The Clty
Council approved the recommendatlon of the Plannlng Commlsslon that
thlS ordlnance be prepared at lts July 22, 1980 meetlng (Agenda
Item lOA).
BACKGROUND
In recent tDnes, as the character of Maln Street Commerclal
Area changed because of the establlshment of several new buslnesses,
lncludlng restaurants and bars, a substantlal controversy developed
between the proprletors of Maln Street buslnesses and the resldents
of the ad]oinlng communlty. In order to flnd a constructive and
mutually acceptable solution to these problems, It was agreed that
the Maln Street Assoclatlon (MSA), representlng local businesses,
and the Ocean Park Community Organization (OPCO), representing
local resldents, would Meet and attempt to negotiate a satlsfactory
plan. ThlS ldea was approved by the Clty Councll, and, on
January 8, 1980 a moratorlum on further development In the Maln
afl
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Street Commercial area was lmposed, In order to allow the plan
to be negotlated and developed. The moratorlum was extended
on May 27, 1980; It expires August 27, 1980. The attached
ordlnance, WhlCh has been approved by the Plannlng CommlSSlon
and the Local Coastal Program Committee, reflects the agreement
reached by the Main Street Plannlng Group.
LEGALITY OF PROPOSED ORDINANCE
The Clty unquestlonably has the authority to create
speclal zonlng distrlcts, and to reclassify eXlsting dlstrlcts.
ThlS lncludes the power to "down zone" areas of the Clty, and
lmpose addltlonal use restrlctlons upon them. Thus, the proposed
ordlnance is a valld exerClse of the CltY'5 pollce power.
SECTION BY SECTIO~ ANALYSIS
The proposed ordlnance 15 lntended to solve speclflc
problems affectlng the nelghborhood, while allowlng flexlblllty
of property use within constralnts. It thus contains a Ilsting
of permitted, condltionally permltted, and prohlbited uses.
The proposed ordlnance also contalns property development
standards for the district. These are lntended to malntaln
the economlC vlabllity of the dlstrlct, while treatlng speclflc
problems: archltectual character, compatlbillty wlth resldentlal
uses, privacy, and nOlse.
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Section 1 of the ord~nance adds Section 9119 to the Santa
Mon~ca Mun~c~pal Code; it contalns leg1slative find1ngs and a
statement of lntent. The seetlon recogn1zes that the Ma1n Street
Commerc1al Dlstr1ct lS a unlque area that has hlstorlcally
accommodated a varlety of uses, includlng cOIDffierc1a1 uses, that
provlde serV1ces both to persons llvlng 1n the surroundlng communlty
and to a large number of tourists attracted to Santa Monica.
The section also recognizes that the Maln Street Commerclal Distrlct
15 In dlrect prOXlrn1ty to adJo1n1ng resldent1al nelghborhoods of
hlgh density but mostly low to moderate scale, and 15 adJacent to
the beach recreation area, WhlCh generates a substan1al amount of
tranS1ent traff1c. The sect10n also recogn1zes that a f1nanclally
sucessful buslness d1str1ct 15 a valuable and sornetlmes fraglle
entlty. In recognltlon of these flndings, "the Main Street Spec1al
CommerC1al Dlstrict 18 establ1shed to encourage physlcal 1mprove-
ments of low to moderate scale Wh1Ch w1Il be compat1ble w1th both
commerclal and reSldentlal uses and WhlCh will encourage a variety
of such uses to provlde a balanced supply of goods and scrV1CCS
conslstent wlth the historlcal pattern of the neighborhood."
Sect10n 2 of the ordlnance conta1ns the standard language
1n all Santa Mon1ca zonlng regulat10ns that the regulat10ns In
the follow1ng sectlons apply to the eM Maln Street Spec1al
Commerc1al D1strlct.
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Sectlon 3 of the ordinance descrlbes the uses that are
permitted, condltlonally permltted, restrlcted, and prohlbited
In the CM dlstrict.
1) Resldentlal uses, except motels, hotels, and hostels,
are permltted above the flrst floor of commerclal structures.
2) Twenty-three speclflc uses, includlng restaurants with
less than 50 seats, are speclflcally permltted In the CM
distrlct. Other uses that the Zonlng Administrator may
flnd to be similar to the Ilsted uses and not more obnoxlous
to surrounding property are also permitted.
3) Flfteen speclflc uses are permltted upon lssuance of a
condltional use permit. Among these uses are automobile
repalr and serVlce, restaurants wlth flfty seats or more,
bars, fast food and take-out establlshments, hotels and
hostels north of Bay Street, llquor stores, theaters and
auditorlums with more than seventy-flve seats, any slngle
use in excess of 8600 square feet of floor area or 75 feet
of ground-floor Maln Street frontage, and any eXlsting use
wlshing to add regularly scheduled enterta~nment for WhlCh
there wlll be lnadequate parking.
4) There are flve special restrlctlons that are placed on
uses permltted on the eM dlStrlCt. First floor uses must be
"publlC invlted" uses, deflned as establishments that permit
entry for the purpose of doing business wlth the publlC
generally. Flrst floor retail or restaurant uses may extend
to a mezzanine level not exceeding 40% of the first floor
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also provides that the ordlnance is not meant to apply to
current uses, regardless of change of ownershl~unless the
eXlstlng use is intensifled by a floor area addltlon of more
than 15% or by other substantlal lntenslflcatlon such as the
1ntroduction of regularly scheduled entertalnment, or to
changes In use that result in a less lntense, perm1tted use.
Section 5 of the ordlnance amends the Santa Monlca
Dlstrlctlng Map to reclasslfy to the CM Main Street Speclal
Commercial Dlstrlct all those propertles presently claSSlfled
in the C4 hlghway commercial distrlct located between P1CO
Boulevard and the southeasterly Clty Ilmits and Second Street
and Nellson Way.
The ordinance has been prepared as a regular, and not as
an emergency ordlnance. If the Council feels that the gap
between the expiratlon of the moratorlum and the effective date
of the ordlnance will pose a serious problem, it 1S free to
adopt the ordinance as an emergency measure.
ALTERNATIVES
The COUDCll may lntroduce the ordinance as drafted, modlfy
It, or reJect It.
RECOMMENDATION
It 1S respectlvely recommended that the CauDell lntroduce
the ordlnance as drafted.
Prepared by: Stephen Shane Stark
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c.;:SSS:B3:bl
CCU~Cl: Meetl~g 8/12/80
Santa Monlcar Callfornla
Or~lnance ~o. 1176
(Clt~. Cou::c~l Serles)
AN EMERGENCY ORDINANCE OF THE CITY CODNCIL OF SANTA
:.10:~ICA Al~E~DING CliA?TER 1 OF ARTICLE IX 0:-
TnE SAl.::TA HOr.;ICA MUNICIPAL CODE ESTABLISr.Il~G
l~ cr.: !-1i-:'IN S~REET SPECIAL cm11>1LRCIAL DIS'}":;lICT
..;:;:; I':1L~DING THE SAt'::':'A HO~ICA DIS'IRICTIX=
~.AF BY RECLASSIFYING ALL C4 ZONED PROPEP.TIES
n:- TEE z..t;E; STREET COYJ.."1I:RCIAL DISTRICT A1."D DECLARING
THE PRESENCE OF AN EMERGENCY.
t';II::;:?'::_;S, the present C4 Hlghway Cmnrnerc1al zon1ng of the
Xa~~ Street Corr~erclal D~strlct lS lnconslstent wlth the needs
aDG best ~nterests o~ the conmunlty In that the use and bUl1clng
reS~~lctlons are lnconpatlb1e wlth adJacent and surroundlng
areaSi anc
\;HEREAS, tne proposec CM Malr. Street Specla1 Commerclal
ZO~l~g ~s conslstent wlth the needs and best 2nterests of the
COT~U~lty l~ t~at the use and buildlng restrlctlons have been
especlally des~gned to be COM?atlble w~th adJacent and surround~ng
areas ~ ar.c
\;EL::REAS, the proposed changes wlll serve to subs tantlally
rea~ce potentlal bu~ldlng he~ght, bulk, traff2c, conf11ctlng uses,
use o~ non-renewable resources and the adverse ~m?acts assoc~ated
there~~tn, and 1t lS certal~ that the changes w111 not have a
slgnlf~cant adverse effect on the env1ronment; and
~.jE:C:REAS, the enactrne:1t of Sect~on 9119 and the reclaS52flcatlon
0= the Ma~n Street COTh~erclal area fro~ the C4 to the eM D1strlct
~s lD the pub1~c necesslty, conven~ence, general welfare, 1n
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accordance w~th good zon~ng practice, and should be adopted: and
WHEREAS, a public hear~ng was held before the Planning COmffilSS10n
on the proposed anendnent and reclasSlflcation on July 21, 1980
and the ~lannlr.g COffinlSS10n considered and reco~er.ded the a~endment
and rec1assiflcatlon to the Clty Councll; and
WHEREAS, tbe Clty Councll, after a publlc hearlng concurs wlth
the recoa~endatlon of the P1annlng CO~isslon; and
w~EREAS, the eXlstlng ~oratorlum on development ~n the Ma~n
Street Commercial Dlstrict wlll explre on August 27, 1980; and
w~EREAS, th~s 15 deemed to be an urgent sltuatlon
THE CITY COUNCIL OF THE CITY OF SA~TA ~O~ICA DOES ORDAIN:
SECTIOK 1. Sect~on 9119 of the Santa Monica Municlpal Code,
formerly reserved for future use, is added to read as follows:
SECTION 9119. "CM" ~al:1 Street Speclal COffiI11erClal Dlstrlct.
A. Legislatlve findlngs; statement of intent
1. It is recognlzed and found that:
a. The main Street Commercial Dlstr1ct lS not sl~p1y
a Neighborhood Commercial Area or H1ghway Co~~erclal
Zone, nor ~s lt a Downtown Central BUSlness Dlstrlct.
b. The Maln Street COrnMerclal Dlstrlct has hlstorlcally
accommodated a var~ety of uses, ~ncluding conmerclal
uses, WhlCh have provlded dally necessltles, places
of employment, and leisure tlme opportunltles ~or
those l~vlng in the surroundlng communlty and the
greater Santa Monica area, as well as for the
areats large number of tourists.
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c. The l1a~n Street Commerc~al D~str~et ~s ~n
dlrect prox~rnlty to ad]Olnlng residentlal
nelghborhoods of hlgh denslty but prlnclpally
low to Moderate scale, and as a coastal
eo~erelal area also ad]OlnS popular beach
recreatlon areas whlen regularly generate
substantlal trans lent lnflux.
d. A flnanclally successful buslness dlstrlct
lS a valuable and sornetlrnes fraglle entlty.
2. The Baln Street S?eclal Corarnercial Dlstr1C:t lS
establlshed to encourage physlcal lmprovernents of
low to moderate scale whleh wlll contlnue to be
cornpatlble wlth nearby cornmerclal and resldential
uses and to encourage a varlety of cornmerclal and
resldentlal uses WhlCh wlll provlde a balanced
supply of goods and serVlces conslstent wlth the
hlstorlcal pattern.
SECTIO~ 2. Sectlon 9l19A 1S added to the Santa Monica
[1u.'uclpal Code to read as follows:
SECTION 9l19A. "CM" Maln Street Spec1al Commerclal Dlstrlct
Re<;ulatlons. The f01lowlng regulatlons apply to the "CB"
Maln Street Speclal Corrwerclal Dlstrlct:
SECTION 3. Sectlon 91l9B lS added to the Santa Monlca
Munlcloal Code to read as follows:
SECTION 9119B. Uses per:-ntted. The followlng uses are
perrrtltted In the "CM" Baln Street Speclal Corrnnerclal Dlstrlct:
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1. ReS1dentlal uses, except motels, hotels, and
hostels, are per~ltted above the f1rst floor.
2. Any of t~e follow1ng uses l= conducted wlth1n an
enclosed bUJ.ldJ.ng J.n accordance with the spec1al
conditJ.ons set forth 1n Sect10n 91l9B4:
a.
Retail stores and offlces.
b.
Ant1que and second-hand stores.
c.
Bank s .
d.
Bake ry .
e.
B1cycle shop.
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Del1catessen.
g.
Dressmaker.
h.
Drug store.
1. Feed or fuel store.
J. F1lm exchange or develo~lng.
k. Flor1st, flower, and plant nursery.
1. Gy~naslum, dance stud10.
m. Ice-cream store (reta1l lce cream only, no seatJ.ng).
n. Laundry, laundromat, dry cleaners.
o. Med1cal and dental cl1n1CS or laboratorles.
p. Pet store, tax1derm1st.
q. Print or publ1sh1ng shop.
r. PlUQblng shop.
s. Repa1r shops for household equ1pment.
t. Theaters and aud1torlums wlth fewer than 75 seats.
u. Upholsterer's shops.
v. \rnolesale stores where publlC 1S lnvlted.
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w. Restaurants wlth fewer than 50 seats.
(See Sect10n 9119B4d).
x. Such other uses as the Zon~ng Adm1nistrator
may f1nd to be S1~11ar to those Ilsted above
and not more obnoxlous to surroundlng property.
3. Any of the followlng uses upon lssuance of a
CJndltlonal Use Perm~t under the provis~ons of
Sect10n 9148:
a. Automob11e re?alr and serVlce.
b. Restaurants wlth 50 seats or more.
Section 9119B4d).
c. Bars. (See Seet10n 9119B4e).
d. Fast-food and take-out establlshment (See
(See
Seetlon 9ll9B4d).
e. Buslness college.
f. Cater1ng bus1ness.
g. Hotels and hostels, north of Bay Street only,
(not motels) .
h. Liquor store ~n WhlCh more than 50% of the dlsplay
area 1S devoted to alcohol~c beverages.
i. Mus~c conservatorles and ~nstructlon.
J. Slgn pa1nt1ng.
k. Trade schools.
1. Theaters and aud1torlUIDs w~th more than 75 seats.
ID. Any slngle occupancy or contiguous, integrated
use In excess of 8,600 sq. ft. of floor area.
n. Any slngle occupancy or contlguous, lntegrated
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use ~n excess of 75 feet of ground-floor
aa~n Street frontage.
o. Any ex~stlng use wlshlng to add regularly
scheduled entertalnmer.t fo~ wh~ch there would
be ~nadequate park~ng.
4. Speclal Restrlctlons. Uses perm~ tted ~n the "cr1"
Dlstrlct shall comply wlth the ~ollow~ng speclal
restrlctlons:
a. Flrst floor uses must be "publlc lnv~ted"
establlshrnents. A "?ubl~c lnvlted" establ~shrnent
lS one that perrnlts entry for the purpose of
dOlng buslness to the publlc generally. An
establlshment does not lose ltS publlc lnv~ted
character because the buslness may be transacted
by appolntment only, or because a recept~on area
or other lnternal barrler lS ~nterposed between
the publ~c and buslness ofElces.
b. ?lrst floor retall or restaurant uses may extend
to a mezzanlne level not exceed~ng 40% of the
=~rst floor area.
c. Second floor reta~l uses must be "comrnunlty
or.lented. II For purposes of thls sect~on "co:nmunlty
orlented" lS deflned as those uses which prov.lde
conmerc~al goods likely to be consumed on a
regular basls In the normal llfe of the ad]Olnlng
cormuun.lty.
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d. Restaurants are l~m~ted to two restaurants
per block (a block be~ng both s~des of Main
Street and the adjacent s~des of adjo1ning
slde streets). Port~ons of Maln Street to
be des~gnated "blocks" for the purpose of th~s
sectlon are: Block 1: South Clty llm1ts to
Marlne Street; :lQck 2: Marlne Street to
P~er Street; Block 3: Pler to Ashland;
Block 4: Ashland to H~ll; Block 5: H111 to
Ocean Parkj Block 6: Ocean Park to Holl~ster;
Block 7: Holl~ster to Strandj Block 8:
StranG to Paclf1ci Block 9: Paclf1c to B1cknel=
Block lO~ Blcknell to Bay; Block 11: Bay
to Plca.
Restaurants wlth more than 50 seats, restaurar.:
w~th a substantlal take-out buslness, and any
second-floor restaurant use will requlre a
Condlt~onal Use Permlt. (Restaurants are
deflned as establishments serv~ng a var~ety
of ~~packaged foods prepared on slte for
consumptlon.)
e. Bars may not exceed seven In number south 0:
Ocean Park Boulevard nor f~ve In n~ber no~-
of Ocean Park Boulevard. No bars shall be
located on any Ma~n Street corners. (For
purposes of th~s sect~on, bars are def~nec
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as establishments \il th "publ~c premses"
l~quor l~censes and restaurants w~th a l~quor
serv~ng fac~l~ty t~at ~s phys~cally separate
from the d~n~ng area and ~s regularly operated
dur~ng hours not correspond~ng to food serVlce
hours.) Cond~t~onal Use Perm~ts are requ~red
for all bars.
5. Proh~b~ted Uses. The follow~ng uses are spec~f~cally
proh~bited ~n the "CM" Dlstr~ct:
a. Bars above the f~rst floor.
b. Blllboards.
c. Blll1ard parlors and pool halls.
d. Bowllng alleys.
e. Drlve-ln or drlve-through uses.
f. Game arcades.
g. Motels.
h. Reta~l uses above the second floor.
~. Restaurants above the second floor or on the
second floor of a s~te where there is an
ex~stlng restaurant.
J. Sex-orlented uses.
SECTION 4. Sect~on 9ll9C is added to the Santa Mon~ca
Mun~c~pal Code to read as follows:
SECTION 9l19C. Property Developnent Standards. The followlng
property development standards shall ap91y to all land and
structures ~n the "cn" Distr~ct:
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1.
There shall be three he~ght
Bu~ld~nq Re1ont.
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d~str~cts ln the "CZ-I" Dlstr1ct. Any property
class~fled 1n the "eM" Dlstr~ct shall also be
class~f~ed ln a he1ght dlstrlct. BU1ldlnq helght
l~m1ts 1n the spec~=~c d~str1cts deslgnated on the
Zoning Map shall be as follows:
CI1-2. Bu~ld1ngs 1:1 the CM-2 D1strlct _hall not
exceed two stor~es and 27 ~eet in helght.
C~-3. BU1ld~ngs 1n the CM-3 Dlstrict shall not
exceed three stor~es and 35 feet ln helght.
CM-4. BU1ld1ngs 1n the CM-4 D~str1ct shall not
exceed four storles and 47 feet In helght.
For the purpose of th1S section, he1ght l~m~t 1S
the maX1TIUO roof he1ght as def1ned by the C1ty
Zonlng Ord~nance, excludlng parapets, rnechan1cal
houslngs and other appurtenant roof-top structures
or penetratlons such as skyllghts, sta~rwells,
ventllatlon atrla and other archltectural amenltles
~ntended to d~st~ngu~sh the overall deslgn, but
Wh1Ch do not tend to obscure the intended helght
llrnlts.
2. Perm~tted Floor Area. Other sectlons of this Chapter
notwlthstandlng, the total adjusted floor area of any
bU1ldlng constructed In thlS distrlct shall not
exceed three and three-tenths (3.3) tlmes the
horlzontal area of the cornnerclally zoned lot or
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lots except that buildlngs 2n excess of the
llIDitatlon may be permitted by the issuance
of a Condlt1onal Use Permlt under the procedures
of Sectlon 9148 on the bas1S of an envlronmental
and f1scal analysis satlsfactorily demonstrating
that no slqnif1cant adverse envlronmenta1 or
f1scal lmpacts wlll occur as a result of the
increased floor area. Multl-reSldentlal unlts
devoted str1ctly to apartment residential uses shall
be cowputed at one-half CI/2} the actual total
adJusted floor area, and areas devoted to park2ng
structures below the f~rst floor level shall be
excluded. "First floor level" means the floor
above the baseMent as def1ned 1n Section 9102 of
the ~unlcipal Code.
3. Yards:
a. Front Yard. A front yard shall be provlded and
malntalned. Said yard shall have a m1nlmum
depth as follows:
(1) Computatlon/~lMenS1?ns/Driveway. Requ1red
front yard space may be provlded 1n any
conflguration on any floor or floors
provlded the first floor area 1S not less
than 3% of the site area and not less than
elght feet wide. Only that port1on of a
driveway forward of the foremost buildlng
11ne which is treated in an aesthet1c manner
similar or 1dentical to the reMainder of
the front yard shall be included 1n the
computatio~ of front yard area.
(2) CM-2 Distrlct, east slde of Ma1n Street,
a front yard equal to 3% of the total
s~te area shall be provlded for the f~rst
floor only.
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(3) CM-2 Distr~ct, west side of Ma~n Street,
a front yard equ~valent to 3% of the total
s~te area multlplled by the number of floors
of the structure.
(4) CM-3 D~str~ct, same as CM-2, west slde.
(5) CM-4 District, same as CM-2, west Slee.
b. Slde Yards. No slde yard shall be requlred.
c. Rear Yard. A rear yard shall be provlded and
ma~ntained.
Sa~d yard shall have a rnlnlmum
depth as follows:
(1) CM-2 Dlstrlct, east slde of Mal~ Street.
(a) No rear yard shall be requ~red for one
story structures and for the flrst floor
of a two story structure, provlded that
any portion of the first floor WhlCh lS
wlthin flve feet of the rear property
l~ne is not more than nine feet In helght
and ~s fully enclosed l.e., without win-
dows, doors, or ventllat~on openlngs per-
mltt~ng vlsual access to adJoining reSl-
dential property. The rnlnimum rear yard
requ~rement for the second story portion
of a two story structure shall be 25 feet.
(b)
Use of Rear Yard.
rear yard is not
uses and parklng
yard to the rear
level.
Commercial use of t~e
permitted. Non-comrnerClal
are permitted ln the rear
property line on the ground
(c) Use of Roof In Rear Yard. No portlon of the
flrst floor roof wlthln 15 feet of the rear
property 11ne may be used for any purpose
other than ma~ntenance and repa1r. The next
10 feet may be pr1vately used (not open to
the publlC) if enclosed wlth a solld six
foot barrier and window des~gn that prevents
v1sual intrusion of adJo~ning resldentlal
property.
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(d) Exception. There shall be no rear
yard setbacks requ~red where ex~st~ng
park~ng ~mprovements and cor.~on
ownersh~p extend through to Second
Street.
(2) CM-2 Dlstrlct, west s~de of Ma~n Street.
No rear yard shall be requlrec ~or one story
structures and the flrst floor of a two
story structure prov~ded any port~on of
the flrst floor structure wlth~n =lve feet
of the rear property line dces not exceed
nlne feet ~n helght. The rnln~murn rear yard
requ~rement for the second story of a two
story structure shall be seven and one-half
feet.
(3) CM-) D~str~ct. Rear yard requlrements ln
the Cr1-) D~str~ct shall be the saMe as those
requ~red ~n the CM-2 D~strlct, west slde of
Ma~n Street for one and two story structures
wlth a ffilnlmum requlreP1ent of 15 feet for any
portlon of a thlrd story.
(4) CH-4 Dlstrict. No rear yard shall be
requlred.
5. Off-Street Parklng. The provlslons of Sectlon 9129
shall apply wlth the followlng exceptlons:
a. 30% of all requlred parking spaces may be
des~gned for compact slzed vehlcles, such spaces
to measure elght feet by 16 feet In dlmenslon.
b. In structures houslng mlxed commerclal and
resldentlal uses, park~ng above the flrst floor
shall be allowed.
6. Signs and Nameplates. The provlslons of Artlcle VIII
shall apply.
7. Off-Street Loadlng. The prOVlslons of Sectlon 9130
shall apply.
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8. !1o~se and Acoust.lC Control. Other sect~ons of
th~s Chapter notwlthstand~ng, the followlng
requlrements shall apply to establlshments wlth
llve entertaln~ent or other loud music for whlch
a bUlldlng perolt or use permlt lS sought after
the effectlve date of thlS sectlon:
a. Exter~or wall and wlndow constructlon must be
to a mlnlnum STC ratlng of 45, as determlned b}
the ASTM or other similar accepted lndustry
standard.
b. Exterlor Doors and Doorways:
(1) Doors must be SOlld core or mlneral
filled.
(2) Doors must be gasketed to provlde a seal
at head, 5111 and Jamb.
(3) Baln entrance must contaln an "acoust~c
lock" or other equlvalent "sound trap."
c. The lntent of thlS sectlon lS to requlre an
establlshrnent providlng entertalnment or loud
rnUS1C to contaln the resultlng nOlse wlth~n ltS
walls to the greatest extent posslble.
9. Appllcablllty, Effectlveness. Notwlthstandlng speclf1c
references conta1ned hereln, the provlslons of thlS
ordinance are not meant to apply to:
a. Current uses, regardless of changes of
ownershlp, unless the eXlstlng use lS ~ntensl-
fied by a floor area adu1tlon of more than 15%
or by other substantlal ~ntens~flcatlon, such
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as the introduction of regularly scheduled
enterta1nrnent, except that there may be no
more than an 1nc1dental 1ncrease 1TI the ser-
V1ce area floor space of bars and restaurants; nor
b. Changes in use Wh1Ch result 1n 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 perm1tted w1th1n the Distrlct.
A current use shall be consldered no longer eX1stent
lf that use 1S voluntarl1y changed or 1S abandoned for
a per~od of one year.
SECTION 5. The Santa Mon1ca Dlstrlcting Map 1S amended to
reclass1fy to the "eM" Main Street Speclal Comrnerc1al D.lstr1ct
all those propert1es presently classif2ed ln the C4 Hlghway
Commerical District located between Pico Boulevard and the
southeasterly City lim1ts and Second Street and Nel1son Way.
The "CM" Dl.str1ct 1S dlvlded lnto sub-dlstr2cts, as shown on the
Zonl.ng map as follows:
All those commerclally zoned propertles ln the Main Street Commercial
Distrlct presently zoned C-4 shall be l.n the CM-2 dlstr.lct except the
following:
a) ~hose properties on the west sl.de of Mal.n Street northwesterly
of Strand and southeasterly of Bay, and lots 5, 6, and 7 of Weid
and Haverstl.ck's SUbdlvlslon, shall be in the CM-3 dlstrict, and
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b} those propertles southeasterly of pier and northwesterly of
Bay, except lots 5, 6, and 7 of Weld and Haverst~ck's sub-
dlVlsion shall be ln the CM-4 dlstrlct.
SECTION 6. ThlS ordlnance 1S declared to be an emergency
measu~e adopted pursuant to the provlsions of Sectlon 615 of
the Santa Monlca Clty Charter and is necessary for preservlng the
publlC peace, health and safety, and the urgency for lts adoptlon
as set forth in the flndlngs above.
SECTION 7. Any provislon of the Santa Monlca Munlclpal Code
or appendlces thereto lnconsistent herewlth, to the extent of such
inconslstencies and no further, are hereby repealed or rnodlf1ed
to that extent necessary to effect the provls1ons of th1S ord1nance.
SECTION 8. If any provls1on of thlS ordlnance 15 held to be
unconstitutional by any court of competent Jurlsdlctjon, it is
the lntent of the City Council that such portion of such ordinance
be severable from the rema1nder and that the reMainder be given
full force and effect.
SECTION 9. The Mayor shall slgn and the C1ty Clerk shall
attest to the passage of thlS ordlnance. The Clty Clerk shall
cause the same to be publ1shed once In the offlcal newpaper w1th1n
fifteen (IS) days after ltS adoptlon. The ~rdlnance shall become
effectlve from and after its adoptlon.
APPROVED AS TO FOR."1.:
Stb S~II\~ St~~
STEPHEN s. S~ARK -
Actlng City Attorney
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ADOPTED AND APPROVED THIS
12th
DAY
OF
August
~ 19~Q I
0. r"'
)<CUlt /1
/ \: ;d~;-t. '
I . ,'.- MAYd8.
i ./l _
,. {11 /
__ '_ : /, ~u, &-tki,.",
I HEREBY CERTIFY THAT THE FOREGOING ORDINANCE~
No. 1176 ) WAS DULY AND REGULARLY INTRODUCED AT A MEETING OF
THE CITY COUNCIL ON THE 8th DAY OF
Au~us t ) 1980; THAT
THE SAID ORDINANCE WAS THEREAFTER DULY ADOPTED AT A MEETING
OF THE CITY COUNCIL ON THE
8th DAY OF AU,Q;ust
) 1980
BY THE FOllOWING COUNCIL VOTE:
AYES:
COUNCILMEMBERS: Yannatta Go1dway, Jennings, Rhoden,
Scott, Bambrick
NOES:
COUNCILMEMBERS: Reed
ABSENT:
COUNCIlMEMBERS: van den Steenhoven
ATTEST:
a~ 7;7~~
CITY CLERK