O1892
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City Council Meeting 12-16-97
Santa Monica, Cahfornla
ORDINANCE NUMBER 1892 (CCS)
(City Council Senes)
AN INTERIM ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA
ENACTING A MORATORIUM ON SUBDIVISIONS IN THE AREA BOUNDED
BY OCEAN AVENUE, SEVENTH STREET, ADELAIDE DRIVE,
AND MONTANA AVENUE PENDING REVISIONS TO THE
ZONING ORDINANCE CHANGING THE MINIMUM LOT
WIDTH FROM FIFTY FEET TO ONE HUNDRED
FEET FOR AN R-I LOT WITHIN THE ABOVE-
DESCRIBED AREA, DECLARING THE
PRESENCE OF AN EMERGENCY
THE CITY COUNCIL OF THE CITY OF SANTA MONICA DOES ORDAIN AS
FOLLOWS
SECTION I Fmdings and Purpose The CIty Council finds and declares
(a) The area of the City bounded by Seventh Street, Ocean Avenue, Adelaide Drive, and
Montana Avenue IS located WIthin the Palisades Tract which was ongmally subdivided in 1905
and is a unique and distinctive neighborhood
(b) Among the Palisades Tract's special characteristics are 100 foot wide streets, as
opposed to the 60 foot to 80 foot Wide streets typIcal for other Rl zoned areas ofthe City,
parcels With 100 feet of street frontage, as opposed to the typical Rl parcel street frontage of 50
feet, 200 foot parcel depths, as opposed to the typIcal 150 foot deep parcels found throughout
most of the City, 40 foot front yard setbacks, as opposed to the 20 foot to 30 foot front yard
setbacks in most of the other Rl areas of the City, and parkways and sidewalks wmch are on
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average 25 feet in width Each of these features has a direct and substantial impact on the
character and scale of the neighborhood
(c) The Palisades Tract was designed to accommodate large homes With large yards and it
was developed conSistent with this design Consequently, the Pahsades Tract presently contains
large, old homes surrounded by substantial yards and gardens
(d) As a result of its broad streets and pathways, large lots, old homes, ample yards and
gardens, and substantial setbacks, the Palisades Tract provides more open space than any other
residential neighborhood in the City
(e) The character and scale of the ong1Oal Palisades Tract make It uruque m the City The
CIty itselfis extremely dense with a land area of Just 8 square mdes and a population of
approximately 90,000 people Moreover, the combmatlon of an ocean side location, fine climate,
vigorous economy, and urban facIlities, services and entertamment venues make the City an
extremely deSirable place to work or Visit Consequently, on any weekday, approximately
200,000 persons are present m the City, and on weekends, this number frequently clImbs to
400,000 or more Population density and congestion both present threats to the quahty ofhfe in
the City
(f) Gtven the City's density, the Palisades Tract and the open space it provides are umque
recreatIonal and aesthetic assets City reSidents and VISitors frequently walk and bicycle m this
neighborhood due to Its speCial ambience
(g) The Palisades Tract was subsequently expanded m 1912 eastward However, that
portion of the Palisades Tract was not developed in the same scale and character as the onginal
Palisades Tract and IS not included 10 the moratorium
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(h) Between 1947 and the early 1970's, a number of subdivisIOns of the parcels occurred
in the Palisades Tract These lot splits were approved administratively as a matter of right In
1976, the City Council adopted Ordinance 1024 whIch repealed the nght to subdivide lots as a
matter of right and required publIc notice of a variance application to approve lot splits under
certain conditions In 1984, the City Council adopted Ordinance 1294 to unplement the State
Subdivision Map Act and require Planning Commission approval of subdiVision requests Since
1976, no lot spilt has been approved 10 the Palisades Tract Consequently, the majority
of the original 100 foot parcels 10 the Palisades Tract are s11l1 10tact and the ongmal character and
scale of the tract has been maintamed However, the loss of any additIOnal 100 foot parcels
would adversely and irrevocably serve to change the character and scale of the Pallsades Tract
RedUCIng lot width from 100 feet to 50 feet would reduce the required sideyard setback by 50%,
resulting in less open space between homes and greater development density Reducing lot width
would also result m the removal of older homes 10 the neighborhood Additionally, reduclOg an
existing 100 foot Wide parcel mto two 50 foot wide parcels would be mconslstent with the
original design and plan for the character and scale of the Palisades Tract
(I) WithIn the past SIX months, real estate values m the City have risen sigmficantly, and
the City has received two apphcations for subdivisions of lots in the Palisades Tract The City
anticipates other apphcations Will be forthcoming
(j) A text amendment has been filed to modify the mmimum lot Width standards in tills
area from 50 feet to 100 feet Before the Zontng Ordmance IS amended, the potential for
approval oflot splits poses a current and immediate threat to the public health, safety, and welfare
of the residents The approval of permits for such development would result in a threat to public
health, safety, and welfare m that such approvals could meverslbly alter the essential character
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and scale of the Pahsades Tract and deprive the CIty ofa umque and essential resource, as
detailed above
(k) Pending the study and pOSSible amendment ofthe Zoning Ordmance, it is necessary, on
an intenm baSIS, to establish a moratorium on subdiViSions m that portIOn ofthe Pahsades Tract
descnbed above
SECTION 2 Moratorium
(a) A moratorium IS hereby placed on the acceptance for processing of any applicatIOn for
approval of plannIng, buildmg, engmeering, or other City permits for subdiviSions In the area
bounded by Ocean Avenue, Seventh Street, Adelaide Drive, and Montana Avenue
(b) City staff IS hereby directed to disapprove all apphcatlons filed after November 25,
1997 for approval of planning, bUlldmg, engmeenng, or other City permits for subdiVisions In the
area bounded by Ocean Avenue, Seventh Street, Adelaide Drive, and Montana Avenue
SECTION 3 Tills ordmance shall be of no further force and effect forty-five (45) days
from the date of Its adoption, unless pnor to that date, after a pubhc heanng, noticed pursuant to
Santa Moruca Mumclpal Code SectIOn 9 04 20 22 050, the City Council, by majority vote,
extends the moratorium for up to an addItIOnal 50 months and 15 days
SECTION 4 This ordinance IS declared to be an urgency measure adopted pursuant to
the provisions of SectIon 9 04 20 16 060 of the Santa MOnica MUniCIpal Code and SectIon 615 of
the Santa Monica City Charter As set forth In the findings above, thiS ordinance IS necessary for
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preservmg the pubhc health, safety, and welfare, and the approval of any addItIOnal subdiVisions
would result in a threat to public health, safety, or welfare
SECTION 5 Any proVislon of the Santa Moruca Municipal Code or appendices thereto
InconSistent with the prOVISions ofthls Ordmance, to the extent of such mconslstencies and no
further, is hereby repealed or modified to that extent necessary to effect the provisions of this
Ordmance
SECTION 6 If any section, subsection, sentence, clause, or phrase ofthis Ordinance IS
for any reason held to be mvalid or unconstitutional by a decision of any court of competent
jUnsdlctlOn, such decisIOn shall not affect the valIdity of the remaimng portions of this Ordinance
The City Counctl 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 ordmance would be subsequently declared 10vahd or
unconstitutIOnal
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 pubhshed once 10 the offiCial newspaper
within 15 days after its adoptIOn This Ordinance shall become effectlve upon Its adoption
APPROVED AS TO FORM
7YJ;[,(/.h~A'~
MARSHA JoItttis MOUTRIE
City Attorney
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Robert Holbrook, Mayor
State of Cahforma )
County of Los Angeles) ss.
City of Santa Momca )
1. Mana M Stewart, CIty Clerk of the CIty of Santa Maruca. do hereby certIfy that the
foregomg OrdInance No 1892 (CCS) had Its first readmg on December 16. 1997, and was
adopted on December 16. 1997 by the followmg vote
Ayes Councll members
FelnstelO, Genser, Greenberg, O'Connor, Rosenstem
Noes Councll members
None
AbstalO Counctl members
None
Absent Counctl members
Ebner. Holbrook
ATTEST
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Mana M Stewart, City Clerk