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SR-6-H (108) bd : ~ CA:MS:atty\muni\strpts\mhs\jonclub APR 2 6 199't City Council Meeting 4-26-94 Santa Monica, California STAFF REPORT TO: Mayor and City Council FROM: city Attorney SUBJECT: Request for Authorization to Negotiate and Execute Amendment to Exchange Agreement with the Jonathan Club and Rescind Notice of Intention to Rezone Property At its meeting on September 28, 1993, the City Council authorized the City Manger to execute an Exchange Agreement with the Jonathan Club, pursuant to which the Jonathan Club is to obtain fee title to a state-owned, City-operated parking lot located immediately adjacent to the Club at 908 Palisades Beach Road, and the state is to obtain fee title to an exchange lot located at 1018 Palisades Beach Road. As part of the Exchange, the Club agreed to make the 1018 lot ready to be operated as a parking lot by the City, and to fence and sign a public accessway ten (10) feet wide along the southeasterly boundary of the 908 lot. The Club now wishes to amend the Exchange Agreement to move the accessway approximately forty ( 40) feet to the south of the original location, onto an adjacent lot owned by the Jonathan Club at 916 Palisades Beach Road. In order to effectuate this change, it would be necessary for the Council to take two actions: rescind a previously adopted Resolution of Intention to initiate rezoning of the 916 loti and authorize the City Manager to execute an APR 2 6 9JIt / b ' · ~~;J '. i ~ n I ,. , ~. r amendment to the Exchange Agreement. At the September 28, 1993 Council meeting at which the Exchange Agreement was approved, the neighbors residing on a parcel immediately south of the 916 lot, testified regarding conflicts between the Club use of the 916 lot and the adjacent residential use. After the Exchange Agreement was approved, the Council agendized for its next meeting a Resolution of Intention to rezone the 916 lot from RVC to R2B. The rezoning would have ensured that the 916 lot was reserved for residential rather than Club uses. The Resolution of Intention was adopted by the Council on October 12, 1993. The proposed rezoning to R2B has not yet occurred. Since the Council action on the Notice of Intention, the Jonathan Club and the neighbors adjacent to the 916 lot met to discuss concerns attendant upon moving the public accessway onto the 916 lot. The immediate neighbors' concerns have been addressed, and the Club's plans are to move the accessway to the 916 lot, and utilize the remainder of the lot for parking and Club recreational uses. Such uses would be allowed under the current RVC zoning, but would not be allowed should the rezoning of the 916 lot from RVC to R2B proceed. Because the neighbors' concerns appear to have been met and there are no other identified negative impacts resulting from moving the public accessway forty (40) feet to the south, it is recommended that the Council authorize the city Manager to execute an amendment to the Exchange Agreement and any other documents necessary to effectuate the change, and that the council rescind its previously adopted Resolution of Intention to rezone the 916 lot. RECOMMENDATION It is respectfully recommended that the Council: l. Authorize the City Manager to execute the amendment to the Exchange Agreement and any other documents necessary to effectuate the moving of the accessway forty feet south; and 2. Rescind the Notice of Intention to rezone the 916 lot. PREPARED BY: Marsha Moutrie, city Attorney Mary H. strobel, Deputy City Attorney