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O1537 .. e e CA:RMM:mz323jhpadv City Council Meeting 8-7-90 Santa Monica, California ORDINANCE NUMBER 1537(CCS) (City council Series) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA MODIFYING THE ZONING ALONG OCEAN PARK BOULEVARD BETWEEN LINCOLN BOULEVARD AND 25TH STREET FROM R-3 TO R-2 ON AN INTERIM BASIS AND DECLARING THE PRESENCE OF AN EMERGENCY THE CITY COUNCIL OF THE CITY OF SANTA MONICA DOES ORDAIN AS FOLLOWS: SECTION 1. Findings and Purpose. The City Council finds and declares: (a) Al though Ocean Park Boulevard between Lincoln Boulevard and 25th Street (hereinafter referred to as the "affected area"), is currently an R-3 Zone District, 95% of the lots in the affected area are currently developed to either R-1 Zone District or R-2 Zone District standards. (b) The areas immediately north and south of the affected area are R-2 or R-l Zone Districts. (c) On more than one recent occasion, an application for development in the affected area has been filed which proposes a land use utilizing the R-3 Zone District standards. (d) Because of the discrepancy between the existing R-3 District zoning and the existing R-l and R-2 District land uses in the affected area and surrounding general area, development in the affected area to R-3 Zone District standards would be - 1 - e e incompatible with existing land uses, and would impair the integrity and character of the affected area. (e) The potential for development to R-J Zone District Standards in the affected area poses a current and immediate threat to the public health, safety and welfare of the residents, and the approval of permits for such development would result in a threat to public health, safety, or welfare. (f) The Zoning Ordinance requires review and revision as it pertains to the appropriate zoning for the affected area. (g) Pending completion of this review and revision, it is necessary to modify on an interim basis the existing zoning to prevent development in the affected area to R-J Zone District standards, thereby preventing development inconsistent with existing land uses in and the general character of the affected area. SECTION 2. Interim Zoninq. (a) No project shall be approved for any residentially zoned property on Ocean Park Boulevard between Lincoln Boulevard and 25th Street unless it meets the Property Development Standards for the R2 Low Density MUlti-Family Residential District contained in Municipal Code Section 9012.6. (b) This Ordinance shall apply to any applications for planning, building, or other City approvals deemed complete after July 10, 1990, unless the application included a vesting tentative map, in which event this Ordinance shall apply if the vesting tentative map was deemed complete on or after July 27, 1990. - 2 - e e SECTION 3. This Ordinance shall be of no further force and effect 45 days from its adoption, unless prior to that date, after a public hearing, noticed pursuant to Santa Monica Municipal Code section 9131. 5, the City Council, by maj ori ty vote, extends the interim ordinance for up to 10 months and 15 days. SECTION 4. This ordinance is declared to be an urgency measure adopted pursuant to the provisions of Santa Monica Municipal Code section 9120.6 and Santa Monica City Charter Section 615. It is necessary for preserving the public peace, health and safety, and the urgency for its adoption is set forth in the findings above. SECTION 5. 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, are hereby repealed or modified to that extent necessary to effect the provisions of this Ordinance. SECTION 6. 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 any 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 inval id or unconstitutional without regard to whether any portion of the Ordinance would be subsequently declared invalid or unconstitutional. - 3 - e e SECTION 7. The Mayor shall sign and the City Clerk shall attest to the passage 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 upon adoption. APPROVED AS TO FORM: ~~~. ROBERT M. MYERS city Attorney - 4 - ... . . Adopted and approved this 7th day of August, 1990. f)~ ') ~o ~. Mayo I hereby certify that the foregoing Ordinance No. 1537(CCS) was duly and regularly introduced at a meeting of the City Council on the 7th day of August 1990: that the said Ordinance was thereafter duly adopted at a meeting of the City Council on the 7th day of August 1990 by the following council vote: Ayes: Councilmembers: Abdo, Finkel, Ganser, Jennings, Katz, Reed, Mayor Zane Noes: councilmembers: None Abstain: Councilmembers: None Absent: Councilmembers: None ~' " r- ~ ATTEST: - " -- ~~