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SR-8-C (39) CA:RMM:rmdl185jhpcal city Council Meeting 10-23-90 I ~19f!- ... 'J QO Monica, californ1a Santa oel :) 0 1990 1.1""". STAFF REPORT TO: Mayor and City Council FROM: City Attorney SUBJECT: Ordinance of the city Council of the city of Santa Monica Adopting Zone Change Amendment 34 to Amend the Interim Official Districting Map At its meeting on August 7, 1990, the city Council conducted a pUblic hearing on an ordinance changing the zoning of the property located at 1548 Ninth Street from R3A to MI. Fallowing the public hearing, the City council directed the city Attorney to make revisions to the ordinance to make the following changes: 1. Recording the use restrictions on the deed or providing some notice that there are use restrictions. 2. That the prohibited uses pe sorted differently so that the following uses are in a category which does not prohibit them entirely but might prohibit the manufacturing, but not the assembly or repair of: a. Awnings. b. Communications equipment. c. Electric lighting and wiring. d. Jewelry, silverware, and platedware. e. Pottery and related products (should be stricken in its entirety). - 1 - f:-,~ OCT ~Q 'nr)' OC1 G .j l~j~ IY"G f. Toys, amusements, sporting, and athletic goods. In response to this direction, the accompanying ordinance has been revised. RECOMMENDATION It is respectfully recommended that the accompanying ordinance be introduced for first reading. PREPARED BY: Robert M. Myers, city Attorney - 2 - CA:RMM:rmdl145jhpcal city Council Meeting 10-23-90 Santa Monica, california ORDINANCE NUMBER (City council Series) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA ADOPTING ZONE CHANGE AMENDMENT 34 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 September 21, 1989, Stanley and Richard Robbins filed an application for Zone Change pursuant to Santa Monica Municipal Code Subchapter lOH, Section 9120, requesting that a certain property located at 1548 Ninth street be reclassified from R3A, mUlti-family residential with surface parking overlay, to Ml, industrial conservation. (b) On March 21, 1990, the Planning commission held a public hearing to consider Zone Change 34, and approved the request by a vote of 4-1. (e) On April 14, 1990, pursuant to Santa Monica Municipal Code Section 9135, a notice of public hearing on an ordinance adopting Zone Change 34 was published in The Outlook and mailed to all owners and tenants of residential and commercial property within a 500 foot radius of the project site. - 1 - (d) On April 24, 1990, the City Council conducted a pUblic hearing to consider the adoption of Zone Change 34 to amend the Interim Official Districting Map and voted to continue the hearing to a later meeting to conclude its consideration. (e) On August 7, 1990, the City council conducted a public hearing to consider the adoption of Zone Change 34 to amend the Interim Official Districting Map and voted to continue the hearing to a later meeting to conclude its consideration. (f) On October 23, 1990, the City council conducted a public hearing to continue its consideration of the adoption of Zone Change 34 to amend the Interim Official Districting Map and change the zoning of certain properties in the city. (g) The City Council finds that the public convenience and general welfare and good zoning practice requires that the zone change proposed in Zone change 34 be adopted, subj ect to the conditions set forth in Section 2(b) below, in that: (1) The proposed amendment of the 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 R3A to MI, subject to the conditions set forth in section 2 (b) herein, would allow a reasonable transition from industrial to multi-family residential uses. (2) The public necessity, pUblic convenience and general welfare require the proposed zone change from R3A to HI in that the construction of residential dwelling units at 1548 Ninth street could subject future residents to the deleterious - 2 - effects and disturbing noises that result frOID the site's proximity to a southern California Edison electrical substation. SECTION 2. (a) The Interim Official Districting Map, which is attached to and made part of Chapter 1, Article IX, Section 9101, of the Santa Monica Municipal Code, as adopted on August 9, 1988, pursuant to Ordinance Number 1454 (CCS), is hereby amended, subject to the conditions set forth in Section 2(b) herein, so that the Interim Official Districting Map designates the follow ing described property ( II Subj ect Property" ) as "Ml" Industrial Conservation: Lot J, Block Tract, County California. (b) The amendment of the Interim Official Districting Map pursuant to Section 2(a) herein designating the Subject Property as IIMI" Industrial Conservation is hereby subject to all of the following conditions: (1) Conditionally Permitted Uses. All uses permitted under the Santa Monica Municipal Code in the Ml District including, without limitation, all permitted uses under Santa Monica Municipal Code Section 9030.2 and all uses permitted subject to a Performance Standard Permit under Santa Monica Municipal Code Section 9030.3 shall be available on the Subject Property only as conditionally permitted uses and, therefore, may be permitted on the Subject Property, subject to approval of a Conditional Use Permit, in the same manner as if all such uses 191, Town of Santa Monica of Los Angeles, State of - 3 - were listed as conditionally permitted uses under Section 9030.4 of the Santa Monica Municipal Code which sets forth conditionally permitted uses in the M1 District. (2) Prohibited Uses. The following uses, otherwise permitted or conditionally permitted in the M1 District, shall be prohibited uses: a. Automobile repair and automobile painting facilities. b. Establishments engaged in the manufacturing, fabricating, assembly, testing, repair, servicing, and processing of the following: (1) Aircraft parts other than engines. (2) Audio products. (3) Coated, plated, and engraved metal. (4) Cut stone and stone products. (5) Diecut paper and paperboard, and cardboard. (6) Electric components and accessories. (7) Furniture and fixtures. (8) Glass products. (9) Luggage. (10) Motor vehicles, parts, and accessories. (11) Musical instruments and parts. (12) Office machines. (13) Paperboard containers and boxes. (14) Pens, pencils, and other office and artists materials. - 4 - ( 15) Perfumes, cosmetics, and other toilet preparations. (16) Pharmaceutical products. (17) Photographic and optical goods, watches, and clocks. (18) Plumbing fixtures and heating apparatus. (19) Professional, scientific, and controlling instruments. (20 ) Toys, amusements, sporting and athletic goods. (21) Wooden containers. c. Establishments engaged in the manufacturing of the following: (1) Awnings - metal, wood or canvass. (2) Communication equipment. (3) Electric lighting and wiring equipment. (4) Jewelry, silverware, and plated ware. (5) Toys, amusements, sporting, and athletic goods. d. Outdoor storage of fleet vehicles if such vehicles are directly related to the primary industrial or manufacturing operation on the site. e. Parking and automobile storage lots and structures. - 5 - (3) Application of CEQA to the Subj ect property. All proposed uses of the Subject property shall be subject to the requirements of the City of Santa Monica Guidelines ("Guidelines") for Implementation of the California Environmental Quality Act ("CEQA"). The Subject Property shall not be exempt under the Guidelines and, therefore, shall require an Initial Study (as defined in the Guidelines) to be conducted to determine if the proposed use may have a significant effect on the environment, unless under the Guidelines an Environmental Impact Report (EIR) is to be prepared. (4) Recording. The owner of the property described in subsection (a) of this Section and the City shall enter into an agreement in a form approved by the city Attorney for recording with the Los Angeles County Recorder that sets forth the limitations on development of the property as set forth in this Ordinance. 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 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 - 6 - 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. 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 U city Attorney - 7 - f?~,-,CC;6 -// "..-.. 1- ~')\ . ("... t'f " ,-I.. I ' _ I 8'-C CA:RMM:rmdl185bjhpcal city council Meeting 10-23-90 OCT ~.. :< 1990 Santa Monica, California OCT ., n ",caO .. ~ 1 ...J-.)- SUPPLEMENTAL STAFF REPORT TO: Mayor and city council FROM: City Attorney SUBJECT: Ordinance of the City council of the city of Santa Monica Adopting Zone Change Amendment 34 to Amend the Interim Official Districting Map The accompanying ordinance has been amended to eliminate the category of "toys, amusements, sporting and athletic goods" from the list of uses for which manufacturing, assembly or repair are prohibited. This category should only be in the category for which manufacturing is prohibited. PREPARED BY: Robert M. Myers, city Attorney - 1 - RdJT 10"", 8"...C 0;.... -..- . Jvi..". OCT ::- ~ tgQ(l CA:RMM:rmd1145/hpca1 city Council Meeting 10-23-90 Santa Monica, California ORDINANCE NUMBER (city council Series) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA ADOPTING ZONE CHANGE AMENDMENT 34 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 September 21, 1989, Stanley and Richard Robbins filed an application for Zone Change pursuant to Santa Monica Municipal Code Subchapter 10H, section 9120, requesting that a certain property located at 1548 Ninth Street be reclassified from R3A, mUlti-familY residential with surface parking overlay, to Ml, industrial conservation. (b) On March 21, 1990, the Planning Commission held a public hearing to consider Zone Change 34, and approved the request by a vote of 4-1. (c) On April 14, 1990, pursuant to santa Monica Municipal Code section 9135, a notice of public hearing on an ordinance adopting Zone Change 34 was published in The Outlook and mailed to all owners and tenants of residential and commercial property within a 500 foot radius of the project site. - 1 - (d) On April 24, 1990, the City Council conducted a public hearing to consider the adoption of Zone Change 34 to amend the Interim Official Districting Map and voted to continue the hearing to a later meeting to conclude its consideration. (e) On August 7, 1990, the city council conducted a public hearing to consider the adoption of Zone Change 34 to amend the Interim Official Districting Map and voted to continue the hearing to a later meeting to conclude its consideration. (f) On October 23, 1990, the city Council conducted a public hearing to continue its consideration of the adoption of Zone Change 34 to amend the Interim Official Districting Map and change the zoning of certain properties in the City. (g) The city council finds that the public convenience and general welfare and good zoning practice requires that the zone change proposed in Zone Change 34 be adopted, subj ect to the conditions set forth in section 2(b) below, in that: (1) The proposed amendment of the 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 R3A to Ml, subject to the conditions set forth in Section 2 (b) herein, would allow a reasonable transition from industrial to mUlti-family residential uses. (2) The public necessity, public convenience and general welfare require the proposed zone change from R3A to Ml in that the construction of residential dwelling units at 1548 Ninth street could subj ect future residents to the deleterious - 2 - effects and disturbing noises that result from the site's proximity to a Southern California Edison electrical substation. SECTION 2. (a) The Interim Official Districting Map, which is attached to and made part of Chapter 1, Article IX, section 9101, of the Santa Monica Municipal Code, as adopted on August 9, 1988, pursuant to Ordinance Number 1454 (CCS), is hereby amended, subject to the conditions set forth in section 2 (b) herein, so that the Interim Official Districting Map designates the following described property ("Subject Property") as "M11t Industrial Conservation: Lot J, Block Tract, County California. (b) The amendment of the Interim Official Districting Map pursuant to section 2(a) herein designating the Subject Property as t1Mltl Industrial conservation is hereby subject to all of the following conditions: (1) Conditionally Permitted Uses. All uses permitted under the Santa Monica Municipal Code in the Ml District including, without limitation, all permitted uses under Santa Monica Municipal Code section 9030.2 and all uses permitted subject to a Performance Standard Permit under Santa Monica Municipal Code Section 9030.3 shall be available on the Subject Property only as conditionally permitted uses and, therefore, may be permitted on the Subject Property, subject to approval of a Conditional Use Permit, in the same manner as if all such uses 191, Town of Santa Monica of Los Angeles, State of - 3 - were listed as conditionally permitted uses under Section 9030.4 of the Santa Monica Municipal Code which sets forth conditionally permitted uses in the Hl District. (2) Prohibited Uses. The following uses, otherwise permitted or conditionally permitted in the Ml District, shall be prohibited uses: a. Automobile repair and automobile painting facilities. b. Establ ishments engaged in the manufacturing, fabricating, assembly, testing, repair, servicing, and processing of the following: (1) Aircraft parts other than engines. (2) AUdio products. (3) Coated, plated, and engraved metal. (4) Cut stone and stone products. (5) Oiecut paper and paperboard, and cardboard. (6) Electric components and accessories. (7) Furniture and fixtures. (8) Glass products. (9) Luggage. (10) Motor vehicles, parts, and accessories. (11) Musical instruments and parts. (12) Office machines. (13) Paperboard containers and boxes. (14) Pens, pencils, and other office and artists materials. - 4 - (15) Perfumes, cosmetics, and other toilet preparations. (16) Pharmaceutical products. (17) Photographic and optical goods, watches, and clocks. (18) Plumbing fixtures and heating apparatus. (19) Professional, scientific, and controlling instruments. (20) Wooden containers. c. Establishments engaged in the manufacturing of the following: (1) Awnings - metal, wood or canvass. (2) Communication equipment. (3) Electric lighting and wiring equipment. (4) Jewelry, silverware, and plated ware. (5) Toys, amusements, sporting, and athletic goods. d. outdoor storage of fleet vehicles if such vehicles are directly related to the primary industrial or manufacturing operation on the site. e. Parking and automobile storage lots and structures. (3) Application of CEQA to the Subject Property. All proposed uses of the SUbject Property shall be subject to the requirements of the city of Santa Monica Guidelines - 5 - ("Guidelines") for Implementation of the California Environmental Quality Act (f1CEQAII). The Subject Property shall not be exempt under the Guidelines and, therefore, shall require an Initial study (as defined in the Guidelines) to be conducted to determine if the proposed use may have a significant effect on the environment, unless under the Guidelines an Environmental Impact Report (EIR) is to be prepared. (4) Recording. The owner of the property described in subsection (a) of this Section and the City shall enter into an agreement in a form approved by the city Attorney for recording with the Los Angeles County Recorder that sets forth the limitations on development of the property as set forth in this Ordinance. 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 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 - 6 - any portion of the Ordinance would be subsequently declared invalid or unconstitutional. 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: ^ ' ~ ~'*'" _ _ ~.7" ~.--. ~ ;~ Q (J ROBERT M. MYERS City Attorney - 7 -