O1897
f\atty\muru\1aws\barry\subd2 mar wpd
City Council Meetmg 1-27-98
Santa Monica, Cahfornia
ORDINANCE NUMBER 1897(CCS)
(City Councll Senes)
AN INTERIM ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA
EXTENDING THE 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-l 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 1 Fmdmgs and Purpose The City Counctl finds and declares
(a) The area of the City bounded by Seventh Street, Ocean Avenue, Adelaide Dnve, and
Montana Avenue IS located Within the Pahsades Tract whtch was ongmally subdivided in 1905
and is a unique and dlstmctIve neighborhood
(b) Among the Pahsades Tract's speCial charactenstlcs are 100 foot wide streets, as
opposed to the 60 foot to 80 foot Wide streets typical for other Rl zoned areas of the 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 R1 areas ofthe Cuy, and parkways and Sidewalks which are on
CiJ!; _
5
average 25 feet In wtdth Each of these features has a d1rect and substantial impact on the
character and scale of the neighborhood
(c) The Pal1sades Tract was designed to accommodate large homes with large yards and 1t
was developed consistent With th1S design Consequently, the Pahsades Tract presently contams
large, old homes surrounded by substantial yards and gardens
(d) As a result of 1tS broad streets and pathways, large lots, old homes, ample yards and
gardens, and substantial setbacks, the PalIsades Tract proVldes more open space than any other
residential neighborhood m the C1ty
(e) The character and scale ofthe ongmal Pahsades Tract make 1t umque In the City The
City Itself is extremely dense With a land area of Just 8 square mdes and a population of
apprmamately 90,000 people Moreover, the combmatlon of an ocean Side location, fine climate,
vigorous economy, and urban factlltles, sefVlces and entertamment venues make the C1ty 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 chmbs to
400,000 or more Population dens1ty and congestIOn both present threats to the quality of life in
the City
(t) GIVen 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 tlus
neighborhood due to its special ambience
(g) The Palisades Tract was subsequently expanded III 1912 eastward However, that
portion of the Palisades Tract was not developed in the same scale and character as the original
Palisades Tract and IS not tncluded m the moratonum
iI.
'-
6
(h) Between 1947 and the early 1970's, a number of subdivisIOns of the parcels occurred
in the Palisades Tract These lot spins 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 notlce ofa vanance applicatIon to approve lot splits under
certaIn conditions In 1984, the City Counell adopted OrdInance 1294 to Implement the State
SubdiVIsIon Map Act and require PlannIng Commission approval of subdlvlslOn requests Since
1976, no lot split has been approved In the Palisades Tract Consequently, the majority
ofthe origmall00 foot parcels in the Palisades Tract are st1l1 Intact and the ongmal character and
scale of the tract has been mamtamed However, the loss of any addItIOnal 100 foot parcels
would adversely and Irrevocably serve to change the character and scale of the Pahsades Tract
Reducing lot WIdth from 100 feet to 50 feet would reduce the reqUIred sldeyard setback by 50%,
resulting in less open space between homes and greater development denSIty RedUCIng lot width
would also result in the removal of older homes In the neighborhood Addltlonally, reducmg an
existing 100 foot Wide parcel into two 50 foot Wide parcels would be InCOnsistent WIth the
original design and plan for the character and scale of the Pahsades Tract
(1) WithIn the past eight months, real estate values in the City have risen slgruficantly, and
the City has received two apphcatlons for subdIvISIons oflots m the PalIsades Tract The CIty
anticipates other applicatIons wIll be forthcormng
CD A text amendment has been filed to modify the rmrumum lot WIdth standards In thiS
area from 50 feet to 100 feet Before the Zorung Ordmance IS amended, the potentIal for
approval of lot sphts 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 m a threat to pubhc
health, safety, and welfare m that such approvals could irreversibly alter the essential character
Will 7
and scale of the Palisades Tract and depnve the CIty ofa umque and essential resource, as
detaIled above
(k) In hght of the above-mentIoned concerns, the CIty Councll adopted Ordinance Number
1892 (CCS) on December 16, 1997, whIch ordmance estabhshed a 45 day moratorium
(1) pendmg the study and possible amendment of the Zoning Ordmance, it IS necessary, on
an interim basis, to estabhsh a moratonum on subdivisIOns m that portIOn of the Pahsades Tract
described above
SECTION 2 Moratonum
(a) A moratonum IS hereby placed on the acceptance for processmg of any applIcation for
approval of planning, building, engmeenng, or other City permits for subdivIsIOns in the area
bounded by Ocean Avenue, Seventh Street, Adelaide Drive, and Montana Avenue
(b) City StafflS hereby directed to dIsapprove all applicatIOns filed after November 25,
1997 for approval of planning, bUIldmg, engineenng, or other CIty permIts for subdiVisions in the
area bounded by Ocean Avenue, Seventh Street, Adelaide Dnve, and Montana Avenue
SECTION 3 Tins ordinance shall be of no further force and effect forty-eight (48)
months from the date of ItS adoption, unless pnor to that date, after a pubhc heanng, noticed
pursuant to Santa Monica Municipal Code Section 9 04 20 22 050, the City Council, by majonty
vote, extends the moratonum
SECTION 4 ThIS ordinance IS declared to be an urgency measure adopted pursuant to
the provIsions of Section 90420 16060 of the Santa Monica Mumclpal Code and SectIOn 615 of
.. 8
the Santa Monica City Charter As set forth In the findmgs above, this ordmance IS necessary for
preserving the public health, safety, and welfare, and the approval of any additional subdiVISions
would result in a threat to pubhc health, safety, or welfare
SECTION 5 Any proViSIOn of the Santa Manica Municipal Code or appendices thereto
mconSlstent With the proviSIOns of thiS Ordmance, to the extent of such mconSlstenCles and no
further, is hereby repealed or modified to that extent necessary to effect the proVISions ofthis
Ordmance
SECTION 6 If any sectIon, subsection, sentence, clause, or phrase of this Ordmance is
for any reason held to be mvahd or unconstitutIOnal by a deCISion of any court of competent
jurisdiction, such deciSion shall not affect the validIty of the remalOmg portions of this Ordmance
The City Councd hereby declares that It would have passed tills Ordinance and each and every
section, subsection, sentence, clause, or phrase not declared mvahd or unconstitutIOnal without
regard to whether any ponion of the ordlOance would be subsequently declared mvahd or
unconstitutional
.fA 9
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
withm 15 days after its adoption Tills Ordinance shall become effective upon its adoption
APPROVED AS TO FORM
JuA ~~
SHA JONE~MOUTRIE
City Attorney
III. 10
~/~~
Robert Holbrook, Mayor
State of CalIfornIa )
County of Los Angeles) 5S.
CIty of Santa Maruca )
I, Mana M Stewart, CIty Clerk of the CIty of Santa Moruca, do hereby certIfy that the
foregomg Ordmance No. 1897 (CCS) was mtroduced for fIrst readmg and was adopted on
January 27. 1998 by the followmg vote
Ayes CouncIl members
Ebner, Femstem, Greenberg, O'Connor. Rosenstem
Noes Councll members
None
Abstam Councll members
None
Absent Council members
Genser, Holbrook
ATTEST
~_._~-~~
Mana M Stewart, CIty elerk