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O1892 f\atty\muni\1aws\bany\subd mor 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 ~.. ~005 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 ..~ 006 (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 I ~ n ..,. '-< \./ ~ 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 OOB 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 .... -003 ~/-~ 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 '-- ~~.~~ Mana M Stewart, City Clerk