SR-6-B (29)
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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
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OCT 9 199Q
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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.
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(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
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. 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.
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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:
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ROBERT M. MYERS ()
City Attorney
ATTACHMENT-Exhibit A--Property Legal Description
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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:
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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
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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
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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'--
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~::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
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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
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. 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.
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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:
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