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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 1 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 2 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: 3 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 4 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 5 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 6 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, 7 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 . 8 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 9