O2097
f:\atty\mu n i\laws\barry\03T A-OO 12d-1 .doc
City Council Meeting 10-14-03 Santa Monica, California
ORDINANCE NUMBERz097 (CCS)
(City Council Series)
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA
AMENDING SECTION 9.04.12.090 OF THE SANTA MONICA MUNICIPAL CODE
RELATING TO PERFORMANCE STANDARDS FOR GAME ARCADES
WHEREAS, game arcades are permitted in two locations within the Residential-
Visitor Commercial (RVC) Zoning District, namely, the Santa Monica Pier and the
Promenade (Ocean Front Walk); and
WHEREAS, game arcades are permitted in these locations subject to a
Performance Standards Permit (PSP); and
WHEREAS, Santa Monica Municipal Code Section 9.04.12.090 establishes the
standards that an arcade must meet to obtain a PSP; and
WHEREAS, these standards were adopted to ensure that the noise and activity
associated with game arcades do not adversely impact surrounding uses and govern
such areas as required supervision, maximum number of machines, hours of operation,
noise, and food and beverage consumption; and
WHEREAS, the proposed ordinance would amend provisions of Section
9.04.12.090 related to noise attenuation, provision of bicycle racks, adult
supervision/surveillance, and eating and drinking on the arcade premises; and
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WHEREAS, on December 16, 2002, George Gordon Enterprises, the operator
of an arcade on the Santa Monica Pier, filed an application for a text amendment which
would have eliminated the provision governing the maximum number of arcade games
per floor area, replaced the requirement of a raised dais with a more general
requirement of adult supeNision exempted existing arcade buildings from
soundproofing, exempted game arcades from providing bicycle racks, and allowed the
consumption of food and non-alcoholic drinks within arcades; and
WHEREAS, staff agreed with certain of the applicant's proposed revisions,
rejected others, and proposed additional modifications; and
WHEREAS, the Planning Commission considered the applicant's proposed text
amendment and staff's recommended text amendment at public hearings conducted on
June 4, 2003; and
WHEREAS. the Planning Commission recommended that the City Council
approve staff's proposed text amendment with certain modifications; and
WHEREAS, the City Council held a public hearing on this proposed text
amendment on September 23, 2003; and
WHEREAS, the proposed amendment is consistent in principle with the goals,
objectives, policies, land uses, and programs specified in the adopted General Plan,
namely General Plan Land Use Objective 1.1 and Policy 1.2.4 in that the General Plan
intends for the Oceanfront District to allow visitor-seNing uses like arcades to "take
advantage of the special potential of this prime opportunity area as a revenue
generator," subject to standards that will ensure that these uses do not impact other
commercial uses or residential uses, which are also permitted and encouraged in this
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zone and in that the proposed amendments to the standards regarding noise
attenuation and supervision facilitate the operation of an entertainment/visitor serving
use in a district intended to serve the City's tourist population while continuing to ensure
adequate protection for residential and commercial uses in the vicinity; and
WHEREAS, the proposed standards as amended are also consistent with these
General Plan objectives and policies in that they continue to ensure that the Santa
Monica beachfront and Pier remain a child-friendly environment and they improve
regulation of a use that is a popular and low-cost entertainment option that fulfills the
City's role as a regional recreation center and in that the proposed standards continue
to limit the locations in which game arcades are permitted to ensure compatibility with
adjacent land uses with particular concern for protecting residential neighborhoods; and
WHEREAS, the public health, safety, and general welfare require the adoption of
the proposed amendment in that this amendment to the performance standards for
game arcades is designed to protect the public health, safety and general welfare by
establishing standards by which game arcades may operate that ensure that game
arcades do not impact other commercial or residential uses permitted in this zoning
district,
NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF SANTA MONICA
DOES HEREBY ORDAIN AS FOLLOWS:
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SECTION 1. Santa Monica Municipal Code Section 9.04.12.090 is hereby
amended to read as follows:
Section 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 ofthis
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 apply to game arcades.
(a) Applicability. Arcades shall be permitted only in
the RVC 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) Number of Machines. Four or fewer arcade or
game machines shall be permitted in any commercial
business. More than four arcade or game machines for any
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commercial business constitutes an arcade which shall be
subject to the standards and provisions in this Section.
(c) Noise Attenuation Requirements.
(1 Any arcade building or tenant space shall be
constructed to achieve a minimum sound transmission class
(STC) sound rating of 50 between the arcade and any
adjacent use that shares a common. wall or floor-ceiling
assembly.
(2) All arcades shall comply with the City's Noise
Ordinance, Santa Monica Municipal Code Chapter 4.12
(d) Maximum Number of Machines. The number of
arcade or game machines shall not exceed one machine per
each thirty square feet of floor area.
(e) Adult Supervision/Surveillance. All arcade and
game machines and all areas of the business shall be
readily observed at all times by an adult supervisor of the
arcade either by direct observation from a raised dais or
through a video camera monitoring system approved by the
Santa Monica Police Department with cameras positioned so
that the supervisor can observe all areas of the arcade
simultaneously on a multi-screen monitor. If a video camera
monitoring system is utilized, it shall be installed so that the
monitoring supervisor is visible from the main arcade area
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and a sign shall be displayed at all entries to the arcade
informing patrons that a video monitoring system is in use.
In addition to the required supervision from a raised dais or
video camera monitoring system, an adult supervisor shall
be present in the main arcade area at all times that the
arcade is open. If the number of arcade and game
machines exceeds forty, there shall be two such adult
supervisors present in the main arcade area.
(f) Lighting. The arcade shall be fully and
adequately lighted for easy observation of all areas of the
premises.
(g) Bicycle Racks. A bicycle storage rack or racks
accommodating a minimum of four (4) bicycles shall be
maintained adjacent to the arcade building and off the public
sidewalk to adequately accommodate bicycles utilized by
arcade patrons.
(h) Restrooms. Each arcade shall provide at least
one public restroom accessible to the disabled.
(i) Telephones. At least one public telephone shall
be provided at each arcade.
U) Hours of Operation. The hours of operation shall
be limited to between eight a.m. and ten p.m., every day of
the week, except that game arcades on the Pier existing as
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of December 14, 1999 may operate Monday through Sunday
from eight a.m. to two a.m.
(k) Smoking and Drinking. No alcoholic beverages
or cigarettes shall be sold or consumed on the premises and
there shall be no smoking within the arcade. Appropriate
notification shall be displayed within the premises.
(I) Litter. The premises shall be continuously
maintained in a safe, clean and orderly condition.
(m) 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 2 Any provision of the 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.
SECTION 3. If any section, subsection, sentence, clause, or phrase of this
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,
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or phrase not declared invalid or unconstitutional without regard to whether any portion
of the ordinance would be subsequently declared invalid or unconstitutional.
secTION 4. r"i ~ shfsign .,. theiCly ~"'''''\.''''Issage
of this 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 30 days from its adoption.
APPROVED AS TO FORM:
~
CIty *omey .
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Approved and adopted this 14th day of October, 2003.
State of Catifomia )
County of Los Angeles ) ..
City of Santa~ )
I, Maria M. Stewart, City Clerk of the City of Santa Monica, do hereby certify that the
foregoing Ordinance No. 2097 (CCS) had its introduction on September 23,2003, and
was adopted at the Santa Monica City Council meeting held on October 14, 2003, by
the following vote:
Ayes: Council members: Mayor Bloom, Mayor Pro Tem McKeown, Katz, Genser,
Holbrook, O'Connor
Noes: Council members: Feinstein
Abstain: Council members: None
Absent: Council members: None
ATTEST:
Maria M. Stewart, City Clerk
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