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SR-8-A (63) crdinanct l~q7 ~A PCD SF KG AS\f \plan\share\councll\strpt\morator1 wpd Council Mtg January 27, 1998 JAN 2 7 1998 Santa MOnica, Callforma TO Mayor and City Council FROM City Staff SUBJECT Recommendation to Adopt an Intenm Ordinance Extending a Moratorium on SubdivIsions In the Area Bounded by Ocean Avenue, Seventh Street. Adelaide Dnve and Montana Avenue INTRODUCTION This report recommends that the City Council adopt an Intenm ordinance to extend for 48 months an eXisting emergency ordinance that prohibits subdivIsions In the area bounded by Ocean Avenue, Seventh Street, Adelaide Dnve and Montana Avenue On December 16, 1997 the City Council adopted a 45-day emergency ordinance establishing a subdiVIsion moratonum In this area This ordinance Will expire on January 30. 1998 unless the proposed ordinance (Attachment A) IS adopted DISCUSSION The eXisting 45-day emergency ordmance places a moratonum on the acceptance for processing of subdivIsion applications filed after November 25, 1997 In the portion of the Palisades Tract bounded by Ocean Avenue, Seventh Street. Adelaide Drive and Montana Avenue The proposed Intenm ordinance extending this subdivIsion moratorium IS necessary to provide the Plannmg Commission and City CounCil time to study and evaluate a text amendment request to modify the minimum lot Width standards In this area The mtenm ordmance Will ensure that no further subdivISions Will occur In the area that could irreversibly alter the essentIal character and scale of the Palisades Tract until a deCISIon '6 A JAN 2 7 1998 #,,~ IS made concerning the pending text amendment BUDGET/FINANCIAL IMPACT The recommendation presented In this report will have no budgetary or financial Impacts RECOMMENDA TION It IS respectfully recommended that the City Council adopt the attached interim ordinance extending the moratorium on subdiVISIons In the area bounded by Ocean Avenue, Seventh Street, Adelaide Drive and Montana Avenue for a period of two years Prepared by Suzanne Frick, Director Karen Ginsberg, Planmng Manager Amanda Schachter, Semor Planner Planmng and Commumty Development Department Attachment A B Ordinance Public Notice 1(""; ,~ '" ATTACHMENT A J'lm . ') .,) t I f \atty\muni\laws\bany\subd2 mor wpd CIty Council Meeting 1-27 -98 Santa MOnica. Cahforrua ORDINANCE NUMBER 1897 (CCS) (City CouncIl 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 PE:r-..roING REVISIONS TO THE ZONING ORDINAL"ICE CHANGING THE MlNIMLl}..1 LOT WIDTH FROM FIFTY FEET TO o~r: HUhTIRED FEET FOR AN R-1 LOT WITHIN THE ABOVE- DESCRIBED AREA, DECLARING THE PRESENCE OF AN EMERGENCY TIIE CITY COUNCIL OF THE CITY OF SANTA MONICA DOES ORDAIN AS FOLLOWS SECTION 1 Fmdings 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 wltlun the PalIsades Tract which was origmally subdIvIded III 1905 and IS a uruque and dlstmctIve neIghborhood (b) Among the Pahsades Tract's speCial charactensttcs 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 Rl areas of the CIty, and parkways and SIdewalks WhiCh are on g,tM _ 5 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 Paltsades Tract was designed to accommodate large homes WIth large yards and It was developed consistent Wlth thIs deSign Consequently, the Palisades Tract presently contams 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 substanttal setbacks, the Palisades Tract prOVIdes more open space than any other reSIdential neIghborhood In the City (e) The character and scale of the ongmal PalIsades Tract make It umque In the City The City itself is extremely dense With a land area of Just 8 square mIles and a populatIon of approximately 90,000 people Moreover, the combinatIOn of an ocean side location, fine chmate, vigorous economy, and urban faClhtles, services and entenamment venues make the Cuy an extremely deSirable place to work or VISlt Consequently, on any weekday, apprOXImately 200,000 persons are present in the City. and on weekends, thiS number frequently clImbs to 400,000 Dr more Population density and congestion both present threats to the quahty ofhfe III the CIty (t) Given the City's denSity, the Pahsades Tract and the open space 11 provides are umque recreational and aesthetIc assets City reSIdents and VISItors frequently walk and bicycle 1fi thIS neighborhood due to Its special ambience (g) The Palisades Tract was subsequently expanded in 1912 eastward However, that portion of the PalIsades Tract was not developed In the same scale and character as the ongtnal PalIsades Tract and is not mcluded in the moratonum "i!J .. I 6 f (h) Between 1947 and the early 1970's, a number of subdivIsIons of the parcels occurred m the PalIsades Tract These lot splIts were approved admmistrauvely as a matter ofnght In 1976] the City Council adopted Ordmance 1024 whIch repealed the nght to subdIVIde lots as a matter of right and required pubhc notIce of a vanance applIcatIon to approve lot splits under certain condItions In 1984, the CIty Council adopted OrdInance 1294 to Implement the State SubdiVISIon Map Act and reqUIre Planrung CommissIon approval of subdIVISIon requests Smce 1976, no lot spht has been approved in the Pahsades Tract Consequently, the majority of the original 100 foot parcels In the Pahsades Tract are stIll mtact and the ongmal character and scale of the tract has been maIntamed However, the loss of any addltlonal 100 foot parcels would adversely and Irrevocab]y serve to change the character and scale of the Palisades Tract Reducmg lot wtdth from 100 feet to 50 feet would reduce the reqUlred sIdeyard setback by 50%, resultmg m less open space between homes and greater development denSity Reducing lot Width would also result m the removal of older homes In the neighborhood AddItIOnally, reducmg an eXlst10g 100 foot Wide parcel Into two 50 foot Wlde parcels would be mconslstent WIth the ongmal deSIgn and plan for the character and scale of the Pahsades Tract (I) WIthin the past eIght months, real estate values In the CIty have nsen sIgmficantly, and the CIty has received two apphcatlOns for subdIVISions oflots m the Pahsades Tract The CIty antiCipates other apphcatlOns Will be forthcommg (J) A text amendment has been ti]ed to modIfy the mlO1mum lot Width standards 10 thIS area from 50 feet to 100 feet Before the Zonmg Ordmance IS amended, the potential for approval oflot sphts poses a current and immediate threat to the puhhc health, safety, and welfare of the reSidents The approval of permIts for such development would result In a threat to pubhc health, safety, and welfare In that such approvals could IrreverSibly alter the essential character 1Iit31 .., I t ~ and scale of the Pahsades Tract and depnve the CIty of a unIque and essential resource, as detatled above (k) In hght of the above-mentioned concerns, the CIty CounCIl adopted Ordmance Number 1892 (CCS) on December 16, 1997, which ordinance estabhshed a 45 day moratonum (1) Pendmg the study and possIble amendment of the ZOnIng Ordmance, It IS necessary, on an intenm baSIS, to estabhsh a moratonum on subdivIsions m that portion of the Palisades Tract described above SECTION 2 Moratonum (a) A moratonum IS hereby placed on the acceptance for processmg of any applicatIOn for approval of planrung, bUilding, engmeenng, or other CIty permits for subdIVISIons In the area bounded by Ocean Avenue, Seventh Street, Adelaide Dnve, and Montana Avenue (b) CIty staff IS hereby dIrected to disapprove all apphcatlOns filed after November 25, 1997 for approval ofplannmg, buildmg, engmeenng. or other City permIts for subdlVlslOns m the area bounded by Ocean Avenue, Seventh Street, Adelaide Dnve, and Montana Avenue SECTION 3 This ordmance 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 Momca MUnICIpal Code Section 9 04 20 22 050, the CIty Councd, by maJonty vote, extends the moratonum SECTION 4 ThIS ordmance 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 ;.~ 8 ! the Santa Maruca City Charter As set forth In the findmgs above, thiS ordmance IS necessary for preserving the pubhc 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 Momca Murucipal Code or appendIces thereto inconsIstent Wlth 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 oftlus Ordmance SECTION 6 Ifany sectIon, subsectIOn, sentence, clause, or phrase of this Ordmance IS for any reason held to be mvahd or unconstltuttonal by a declSlon of any court of competent Junsdlction, such deCIsion shall not affect the validity of the remammg portIOns of thIS Ordmance The CIty Council hereby declares that It would have passed thiS Ordmance and each and every sectiOn, subsection, sentence, clause, or phrase not declared mvaltd or unconstItutIOnal Without regard to whether any portion of the ordmance would be subsequently declared mvaltd or unconstitutional lOW; 9 SECTION 7 The Mayor shall sIgn and the City Clerk shall attest to the passage ofthts Ordmance. The City Clerk shall cause the same to be pubhshed once in the officIal newspaper Wlthin 15 days after Its adoptlOn Thts Ordmance shall become effective upon 11s adoption APPROVED AS TO FO&'1 - . j/ r - ~ ,/l r i t! n ,- J 0/ I. ~ "-. 1 . f lvv.. -fi..L.I k~ /,11L1/f " MARSHA JONES vMOUTRIE CIty Attorney "" 6; 1 0 ~ ki~/- d,(~ Robert Holbrook. Mayor State of Cahforma ) County of Los Angeles ) ss Cay of Santa MOllica ) I. Mana M Stewart, CIty Clerk of the Cay of Santa MOllica. 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 Councll members Ebner. Femstem, Greenberg. O'Connor. Rosenstem Noes Councll members None Abstam Councll members None Absent Councll members Genser. Holbrook ATTEST: -~~._~~ - ~-~~~ Mana M Stewart, City'(:lerk '1M '- 4 ATTACHMRNT B .,.. 11 1~ lid ,.. l- NOTICE OF A PUBLIC HEARING BEFORE THE SANTA MONICA CITY COUNCIL SUBJECT: A Public Hearing will be held by the City Council on the following request Proposed IS a two year Intenm ordinance extending an eXisting 45 day emergency ordinance that established a moratorium on subdivIsions In the area bounded by Ocean Avenue, Seventh Street, the northern City limits, and Montana Avenue pending reVISions to the ZOning Ordinance changing the mInimum lot Width from fifty feet to one hundred feet for an R-1 lot In thiS area WHEN: Tuesday, January 27, 1998 at 630 P M WHERE: CounCil Chamber, Room 213 1685 Main Street, Santa MOnica HOW TO COMMENT The City of Santa MOnica encourages public comment on thiS and other projects You or your representative, or any other persons may comment at the City CounCil's public hearing, or by writing a letter Letters should be addressed to City Clerk 1685 Main Street, Room 102 Santa Momca, CA 90401 MORE INFORMATION If deSired, further InformatIOn on any application may be obtamed from the City Planning DIVIsion at the address above or by calling (310) 458-8341 The meeting faCIlity IS accessible If you need any disability-related accommodations. please contact staff at (310)458-8701 Pursuant to Callforma Government Code Section 65009(b), If thiS matter IS subsequently challenged In Court, the challenge may be limited to only those Issues raised at the Public Hearing deSCribed In thiS notice, or In written correspondence delivered to the City of Santa MOnica at, or prior to, the Public Hearing ESPANOL Esto es un aVlso sobre una audencla publica para revlsar appllcaclones proponlendo desarrollo en Santa MOnica Esto puede ser de Interes a usted SI desea mas Informacion, lIame a Carmen Gutierrez al numero (310) 458-8341 f \plan\share\councll\notlces\morator wpd It- '- 13