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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
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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