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SR-6-B (29) ~ '-8 . . OCT 9 1990 CA:RMM:rmdl182jhpcal City Council Meeting 10-9-90 Santa Monica, California STAFF REPORT TO: Mayor and City Council FROM: city Attorney SUBJECT: Ordinance Adopting Districting Map Amendment 90-002 to Amend the Interim Official Districting Map At its meeting on September 25, 1990, the City Council introduced for first reading an ordinance adopting Districting Map Amendment 90-002 to amend the Interim Official Districting Map. The ordinance is now presented to the city Council for adoption. RECOMMENDATION It is respectfully recommended that the accompanying ordinance be adopted. PREPARED BY: Robert M. Myers, City Attorney 6,-13 OCT 9 199Q . .... . , , . ORDINANCE NUMBER 1549(CCS) (City Council Series) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA ADOPTING DISTRICTING MAP AMENDMENT 90-002 TO AMEND THE INTERIM OFFICIAL DISTRICTING MAP THE CITY COUNCIL OF THE CITY OF SANTA MONICA DOES ORDAIN AS FOLLOWS: SECTION 1. The city Council finds and declares: (a) On June 8, 1990, Michael Berkofsky filed an application for Districting Map Amendment pursuant to Santa Monica Municipal Code Subchapter 10H, Section 9120, requesting that a certain area of property located on the east side of Seventh Street, between Colorado Avenue and Olympic Boulevard be reclassified from C3 (Downtown Commercial) District to Ml (Industrial Conservation) District. (b) On August 1, 1990, the Planning commission held a pUblic hearing to consider Districting Map Amendment 90-002, and approved the request by a vote of 4-0. ( 0) On September 15, 1990, pursuant to Santa Monica Municipal Code section 9135, a notice of public hearing on an ordinance adopting oistricting Map Amendment 90-002 was published in the Outlook and mailed to all owners and tenants of residential, commercial and industrial property within a 500 foot radius of the project site. - 1 - ~ , . (d) On September 25, 1990, the City COuncil conducted a public hearing to consider the adoption of the Districting Map Amendment 90-002 to amend the Interim Official Districting Map. (e) The city Council finds that the public convenience and general wel fare and good zoning practice require that the zone change proposed in Districting Map Amendment 90-002 be adopted, subject to the specific findings below that: (1) The proposed amendment of Interim Official Districting Map is consistent in principle with the goals, objectives, policies, land uses, and programs specified in the adopted General Plan in that the rezoning of the parcel in question from C3 to Ml would conform the designated zoning with the existing pattern of land uses. (2) The pUblic necessity, public convenience and general welfare require the proposed districting map amendment from C3 to Ml in that the area contains a significant number of existing manufacturing and industrial uses that could affect the welfare, health and safety of persons engaged in employment or use of the C3 zoned sites. The development of commercial uses adjacent to the existing industrial uses could produce air, noise and vehicle impacts for persons engaged in employment on the C3 zoned sites. SECTION 2. (a) The Interim Official Districting Map, which is attached to and made part of Chapter 1, Article IX, section 9101, of the - 2 - . . santa Monica Municipal Code, adopted August as on 9, 1988, pursuant to Ordinance Number 1454 (CCS), is hereby amended so that the Interim Official Oistricting Map designates the property described in Exhibit A and incorporated herein ("Subject Property" ) as "M1" Industrial Conservation. SECTION 3. 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 affect the provisions of the this Ordinance. SECTION 4. 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 invalid or unconstitutional without regard to whether any portion of the Ordinance would be subsequently declared invalid or unconstitutional. - 3 - . . . SECTION 5. 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 after 30 days from its adoption. APPROVED AS TO FORM: ~ ~. \...---- -. ROBERT M. MYERS () City Attorney ATTACHMENT-Exhibit A--Property Legal Description WW:ww dma02 - 4 - . LEGAL DESCRIPTrON OF 1621 7TH STREET, . SANTA MONICA That certain real property 1n the City of Santa Monica, County of Los Angeles, state of Cal~fornia, descr~bed as: \ A parcel of land 1n the Clty of Santa Monica, County of Los Angeles, and 1n the State of California, 1ncluding lots 11, 12, 13, 14, and 15 of Tract No. 284, as per map recorded 1n Book 16, Page 57 of Maps, 1n the offlce of the County Recorder of sald county, all of the vacated alley adJo1nlng said lots on the northeast, and a portlon of the 30-foot strip marked "L.A.P.R.R. r~ght of way" on sald Map, said parcel of land belng bounded on the southeast by the northwesterly Ilne of the lOO-foot str~p shown as "Southern Pac1flc Ra 11 road Company, II on sa ld map: on the southwest by Seventh Street, 80 feet WIde; on the northwest by Taft Way, 32.50 feet wide: and on the northeast by the northeasterly l~ne of said vacated alley and the southeasterly prolongation of said northeasterly llne. A , LEGAL DESCRIPTION FOR 700-716 COLORADO AVENUE, SANTA MONICA That portion of the Rancho San Vicente y Santa Monica, in the City of Santa Monica, County of Los Angeles, state of California, as recorded in Book 3, Pages 30 and 31 of patents, in the office of the county recorde.r of said county, shown as "Not a part of this tractlr on the map of Tract No. 284, recorded in Book 16, Page 57 of Maps, 1.n the office of said county recorder, together with a portion of Lot 27 of said Tract No. 284, described as a whole as follows: Beg1.nning at the southeast corner of Colorado Avenue and Seventh street, as shown on sa1.d map of Tract No. 284; thence North 450 IS' East, along said Colorado Avenue, 150 feet to the most westerly corner of Lot 1 of said Tract No. 284; thence along the southwesterly line of said Lot 1, south 440 45' East, 116.60 feet to the most southerly corner of said Lot Ii thence North 4)" 58' East, along the northwesterly line of sa1.d Lot 27 to a line that is parallel with and distant northeasterly 160 feet from the northeasterly line of said Seventh Street, said parallel line being the northeasterly line of the land described in the deed to Frederick Northrup Nason, et ux, recorded on September 25, 1962 as Instrument No. 4952 in Book D-1768 page 220, Official Records of sald county; thence southeasterly along said last mentloned line, 15 feet, more or less, to the southeasterly line of said Lot 27; thence along said southeasterly line, South 430 581 West, to said northeasterly line of Seventh street; thence North 44" 451 West, along said Seventh Street, 134.96 feet to the point of beginning. \(~12-1o'15 697 groups. This obJective ~s unde~ined when a develcper 1S pe~itted to avold and mlsrepresent ne~ghborhood contact. Fallure to sub~~t ~a~es of neighbors contacted violates the self-i=posed ter=s of Mr. Sa....arovsky's application and i=pairs the neighbors' rights to partlcipate meaningfully in the develop=ent process. B. S1,;bmission of Inaccurate Certified List of property Owners and Tenants. By let<:er dated January 18, 1990, David Martin of the City Plan~ing Divlsicn advised Mr. Savarovsky that his application for a Co~ditlonal ~se Permit was incomplete because it did not contaln nC':.lflcation materials as specified on the "Requirements for Radius ( Y.ap a:;d Certified List of Property Owners and Tenants. II Subseql.:.ently Mr. Savarovsky submitted these materials. h"hile the ?o~ecwners have not scrutinized the entire list for accuracy, there ~s one glaring omission which was probably not accidental. The proper':y adjacent to 1405 Ocean Park on the east side is 1413 Ocean Park. -+- lS a 5 unit to~nhouse building all of which units are ... ... re:lted to tenants. Per the IfRequire:nents for Radius Map a:1d Certl:led List of Property Owners and Tenants", Mr. Savarovsky was required to ascertain the names of the indlv~di.lal tenar.":.s f'-- -- ~::cl~sion on the mailing list. The 0::1 y mailing :or :'4l3 Oce3.:1 Park was sent to Hous Development, P.O. Box: 745, Santa Monica, CA - ( with no zip code! In recent conversations with residents of 1413, all of whom are profoundly affected by Mr. savarovsky's project, they advised that they were never contacted by Mr. Savarovsky and received !1Q written notice of the Aprl.l 18 Planning ComItlission hearing. Consequently, these neighbors did not have an opportunity to submit written opposition to the proJect and only learned of the Plan~inq Commission hearing shortly before it occurred. It appears more than coincidence that a building full of tenants with strong feelings about Mr. Savarovsky's proJect were co~pletely o:nitted from the Certified List of Property Owners and Tenants. The notice which was sent to Hous Development, presumably 6 'l' ..... - t . I I 1 LEGAL DESCRIPI'ION FOR 711 OLYMPIC BOULEvARD, SANTA MONICA PARCEL 1: A parcel of land, s~tuated ~n the C~ty of Santa Monica, County of Los Angeles, State of Cal~forn~a, be~ng all that portlon of that certa~n real property descr~bed ~n deed to the Los Angeles-Pac~f1c Rallway Company recorded July 25, 1905, ~n Book 2385, Page 42, of Deeds, in the offlce of the County Recorder of sa~d County, lY1ng Northeasterly of the Southeasterly prolonqatlon of the Southwesterly l~ne of Lot 16 of Tract No. 284, as per map recorded ~n Book 16, Page 57, ~n the off~ce of the County Recorder of sald county. EXCEPTING therefrom that port1on lY1ng Northeasterly of the Southwesterly 11ne of that certaln p~ece of land (Llncoln BOUlevard) descr1bed 1n deed to the C1ty of Santa Monlca, recorded June 12, 1911, ~n Book 4576, Page 244, of Deeds, 1n the offlce of the county Recorder of sa1d County. ALSO EXCEPT the Northwesterly 2.70 feet of sald land. ALSO EXCEPTING the t1tle and excluslve rlght to all of the mlnerals and nlneral ores of every klnd and character, occurr1ng 300 feet beneath the surface thereof, now known to eXlst or hereafter dlscovered upon, wlthln or underlY1ng sa~d land or that may be produced therefro~ ~nclud~ng w1thout 1~m1t~ng the general1ty of the forego1ng, all petroleum, all, natural gas and other hydrocarbon substances and products der1ved therefrc~ together w~th the exclus1ve and perpetual rlght of sa1d grantor, 1ts successors and ass1gns, of 1ngress and egress beneath the surface of sald land to explo:::-e for, extract, ~lne and remove the same, and to make such use of sald land beneath the surface as ~s necessary or useful ~n connect1on therew1th; and other use thereof; WhlCh uses may 1nclude lateral or slant drlll1ng, d1gg1ng, bor1ng or slnk1ng of wells, shafts, or tunnels to other lands nc~ SUbJect to those reservatlons and easements; provlded, however, that sald grantors, lts successors and asslgns, shall not use the surface of sald land 1n the exerC1se of any sa1d rlghts and shall not d1sturb the surface cf sald land or any 1mprovements thereon or remove or 1mpa1r the lateral or subJacent support of sa1d land or any 1mprovements <;:hereon, and sha 11 conduct no operat1ons w1thln 500 feet of the surface of sa~d land, as excepted and reserved by Pac1f1c Electr1c Ra1lway corpany, a corporatlon, ~n the deed recorded May 8, 1960, 1n Beak 0838, Page 435, as Instrument No. 1854, Off1c~al Records. PARCEL 2: A str1p of lard, 100 feet w1de, s::.tuated 1n the C.lty of Sarta Mon.lca, county of Los Angeles, State of Cal1forn1a, descrlbed as follows: That port~on of that certa1n parcel of land descr1bed ~n deed from John P. Jones and Robert S. Baker to Los Angeles and Independence Rallroad Company dated October 14, 1875, recorded December 11, 1875, .In Book 40, Page 282, of Deeds, 1n the off~ce of the County Recorder of sa1d County, extend1ng from the Northwesterly pro1ongat.lon of the Southwesterly Ilne of Ll-ncaln Boulevard (formerly 8th Street), as sal-d Boulevard 15 shown on !!lap of the "Central Addltlon to Santa Monlca" recorded 1n Book 3, Pages 176 and 177, of M~scellaneous Records, 1n the off1ce of sa1d Recorder, to the Northeasterly 11ne of 7th Street (BO feet wl.de). EXCEPT the t1tle and excluslve r~ght to all of the lunerals and ml.neral ores of every lnnd and character, occurr1ng 300 feet beneath tIle surface thereof, now known to eXlst or hereafter d1scovered upon, w1thJ.n or underlYlng said land or that may be produced therefrom lncluding w~thout Ilmlt.lng the general1ty of the Page 1 of 2 ~ .,~- .,. -. ~ . . l~ . foregoing, all petroleum, oil, natural gas and other hydrocarbon ! substances and products derived therefrom toqether with the exclusive and perpetual right of said grantor, its successors and assigns, ot ingress and egress beneath the surface of said land to explore for, extract, mine and remove the same, and to make such use of said land beneath the surface as 15 necessary or useful In connection therewlth~ and other use thereof~ WhICh uses may ~nclude lateral or slant drIlling, digg.lng, bor.lnq or SInking of wells, shafts, or tunnels to other lands not subJect to those reservat~ons and easements~ provided, however, that sa.ld grantors, 1ts successors and ass.lgns, shall not use the surface of sa1d land 1n the exerCIse of any of sald r1ghts and shall not d1sturb the surface of sa1d land or any 1mprovements thereon or remove or .lI:lpa 1 r the lateral or subjacent support of sa1d Land or any 1Mprovements thereon, and shall conduct no operat1ons w1th1n "- 500 feet of the surface of sa1d land, as excepted and reserved by Paclf1C Electr~c Ra1lway Company, a corporat1on, 1n the deed recorded May 8, 1960, 1n Book 0838, Page 431, as Instrument No. 1853, Offlclal Records. PARCEL 3: Lots 69, 70, 71, 72, 73 and 74 of the Central Addltlon to Santa Mon.lca, 1n the Clty of Santa Mon1ca, county of Los Angeles, State of Callfornla, as per map recorded 1n Book 3, Page 176, Mlscellaneous Records, ln the offlce of the County Recorder of sa1d County. ~H'2B.~15 6~7 Page 2 of 2 ...- -- ------ 'II"" . . . ~ .. Adopted and approved this 9th day of October, 1990. f)9-7 7Mr I hereby cert i fy that the foregoing Ordinance No. 1549(CCS) was duly and regularly introduced at a meeting of the City Council on the 25th day of September 1990; that the said Ordinance was thereafter duly adopted at a meeting of the City Council on the 9th day of October 1990 by the following Council vote: Ayes: Councilmembers: Abdo, Finkel, Genser, Katz, Reed, Mayor Zane Noes: Councilmembers: None Abstain: Councilmembers: None Absent: Councilmembers: Jennings ATTEST: ~/,?~ --- ...... City -ClerlY