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SR-8C (26) ct-fJ dfc ;<6q2- ~-c DEe 1 6 1997 PCD SF KG\f \plan\share\councll\strpt\morator wpd CouncIl Mtg December 16,1997 Santa Momca, California TO Mayor and City CounCil FROM City Staff SUBJECT' Recommendation to Adopt an Emergency Ordinance Establishing a Moratonum on SubdivIsions In the Area Bounded by Ocean Avenue, Seventh Street, the North City Limits and Montana Avenue INTRODUCTION At Its meeting on November 25, 1997 the City CounCil directed the City Attorney to prepare an ordinance that would prohibit subdivISions In the area bounded by Ocean Avenue, Seventh Street, the northern city limits and Montana Avenue until such time as the pending text amendment concerning lot dimenSions In thiS area IS conSidered by the Planning CommiSSion and City CounCil In response to thIS direction, attached IS an emergency Intenm ordInance for Council conSideration DISCUSSION On November 25, 1997 the City CounCil held a public heanng on an appeal of the Planning CommIssion's approval of Vesting Tentative Parcel Map 24847 to allow a two parcel subdiVISIon of an eXIsting parcel at 502 Georgina Avenue In the Palisades Tract The CIty CounCil upheld the appeal and denied the vestIng tentative parcel map As detailed In the Statement of OffiCial Action, In denYing the appeal, the City Council emphasIzed the Importance of maIntaIning the character and scale of thiS neighborhood A text amendment has been filed to modify the mimmum lot Width standards In thiS area from 50 feet to 100 feet Dunng the Intenm penod new subdiVISion applications In thiS 7-c DEe 1 6 1997 area as of November 25, 1997 wrll not be permItted until such trme as a decIsion IS made concerning the pending text amendment since approval of such requests could irreversibly alter the essential character and scale of the Palisades Tract If adopted, the attached emergency ordinance would prohibit subdivIsions In the area bounded by Ocean Avenue, Seventh Street, the northern city limits and Montana Avenue BUDGET/FINANCIAL IMPACT The recommendation presented In this report will have mlnlmal budgetary Impacts In the prevIous fiscal year no tentative maps were flied for properties In the area In questIon RECOMMENDATION It IS respectfully recommended that the City CounCil adopt the attached emergency ordinance placing a moratorrum on subdiVISions In the area bounded by Ocean Avenue, Seventh Street, the northern city limits and Montana Avenue Prepared by Suzanne Frick, Director Karen Ginsberg, Planning Manager Planning and Community Development Department Attachment A B Ordinance Map of Area Affected e-"' -l)C~ ATTACHMENT A nc~ ... -OC.t ~ f \atty\muni\laws \barry\subd mor City Council Meetmg 12-16-97 Santa Monica, Califorrua ORDINANCE NUMBER 1892 (CCS) (Cny Council Senes) AN INTERIM ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA ENACTING A MORATORIUM ON SUBDIVISIONS IN THE AREA BOUNDED BY OCEAN AVENUE, SEVENTH STREET, ADELAIDE DRIVE, AND MONT ANA A VENUE PENDING REVISIONS TO THE ZONING ORDINANCE CHANGING THE MINIMlTh1 LOT WIDTH FROM FIFTY FEET TO ONE HUNDRED FEET FOR AN R-l LOT WITHIN THE ABOVE- DESCRIBED AREA, DECLARING THE PRESENCE OF AN EMERGENCY THE CITY COUNCIL OF THE CITY OF SANTA MONICA DOES ORDAIN AS FOLLOWS SECTION 1 Fmdings and Purpose The City Council finds and declares (a) The area of the CIty bounded by Seventh Street, Ocean Avenue, AdelaIde Drive, and Montana Avenue is located within the Palisades Tract which was originally subdivided in 1905 and IS a unique and distinctive neIghborhood (b) Among the Palisades Tract's special charactenstlcs are 100 foot Wide streets, as opposed to the 60 foot to 80 foot wide streets tYPIcal for other Rl zoned areas ofthe City, parcels with 100 feet of street frontage, as opposed to the typical RI parcel street frontage of 50 feet, 200 foot parcel depths, as opposed to the tYPical 1 SO foot deep parcels found throughout most of the City, 40 foot front yard setbacks, as opposed to the 20 foot to 30 foot front yard setbacks in most ofthe other Rl areas of the CIty, and parkways and Sidewalks which are on III ., ~ 0 0 S r average 25 feet in width Each of these features has a dl.rect and substantial Impact on the character and scale of the neighborhood (c) The PalIsades Tract was deSigned to accommodate large homes with large yards and It was developed consistent with tlus deSign Consequently, the Palisades Tract presently contains large, old homes surrounded by substanual yards and gardens (d) As a result of Its broad streets and pathways, large lots, old homes, ample yards and gardens, and substantial setbacks, the Palisades Tract provides more open space than any other residential neighborhood In the CIty (e) The character and scale of the ongmal Pahsades Tract make It unique in the CIty The CIty itself IS extremely dense wIth a land area of Just 8 square mdes and a populatIOn of approXImately 90,000 people Moreover, the combmatlOn of an ocean side locatIon, fine clImate, vIgorous economy, and urban facilIues, services and entertamment venues make the CIty an extremely deSirable place to work or VISit Consequently, on any weekday, approximately 200,000 persons are present 10 the City, and on weekends, thIS number frequently clImbs to 400,000 or more Population density and congesl1on both present threats to the qualIty oflife In the City (1) Given the City's denSIty, the Pahsades Tract and the open space It proVides are umque recreational and aesthetic assets CIty residents and VISitors frequently walk and bICycle in tlus neighborhood due to Its speCial ambience (g) The Palisades Tract was subsequently expanded in 1912 eastward However, that portion ofthe Pahsades Tract was not developed m the same scale and character as the ongmal Palisades Tract and IS not mcluded 10 the moratorium ""or ODo "- l (h) Between 1947 and the early 1970's, a number ofsubdlVlslons of the parcels occurred m the Paljsades Tract These lot splits were approved administratIvely as a matter of right In 1976, the City CounCil adopted Ordmance 1024 which repealed the nght to subdiVIde lots as a matter of right and required public notIce of a variance apphcatlon to approve lot sphts under certain conditions In 1984, the City CounCil adopted Ordinance 1294 to Implement the State SubdivisIOn Map Act and requrre Planning CommissIOn approval of subdiviSIOn requests Since 1976, no lot spht has been approved 10 the Palisades Tract Consequently, the majonty of the ong1Oal 100 foot parcels in the Palisades Tract are stlll mtact and the ongmal character and scale of the tract has been maintamed However, the loss of any additional 100 foot parcels would adversely and Irrevocably serve to change the character and scale of the Palisades Tract Reducmg lot width from 100 feet to 50 feet would reduce the reqUlred sldeyard setback by 500.10, resulting In less open space between homes and greater development density Reducing lot width would also result m the removal of older homes In the neighborhood AdditIOnally, reducmg an eXIstmg 100 foot Wide parcel mto two 50 foot wide parcels would be mconsistent With the onginal deSIgn and plan for the character and scale ofthe Palisades Tract (i) Witlun the past six months, real estate values m the City have risen Significantly, and the CIty has received two apphcatlons for subdivisions of lots in the Pahsades Tract The City antiCIpates other apphcatlons Will be forthcoming (J) A text amendment has been filed to modify the mlmmum lot Width standards in tlus area from 50 feet to 100 feet Before the Zomng Ordmance IS amended, the potential for approval oflot splits poses a current and nnmedlate threat to the pubbc health, safety, and welfare of the residents The approval of pennlts for such development would result m a threat to public health, safety, and welfare 10 that such approvals could IrreverSibly alter the essential character (i (',- II / i f and scale of the Pahsades Tract and depnve the City ofa uroque and essential resource, as detailed above (k) Pendmg the study and possible amendment of the Zoning Ordmance, It is necessary, on an interim basis, to establish a moratorium on subdiVisIOns 10 that portion of the Pahsades Tract described above SECTION 2 Moratonum (a) A moratonum IS hereby placed on the acceptance for proceSSIng of any application for approval ofplanrung, buddmg, engmeenng, or other City permIts for subdivisions in the area bounded by Ocean Avenue, Seventh Street, Adelaide Dnve, and Montana Avenue (b) City Stafl'ls hereby dIrected to dIsapprove all applicatLons filed after November 25, 1997 for approval of planrung, bUlldmg, engmeenng, or other CIty penmts for subdivIsions m the area bounded by Ocean Avenue, Seventh Street, Adelaide Dnve, and Montana Avenue SECTION 3 This ordmance shall be of no further force and effect forty-five (45) days from the date of its adoptIOn, unless pnor to that date, after a publIc heanng, notIced pursuant to Santa Moruca MUnICipal Code Sectton 9 04 20 22 050, the City Council, by maJonty vote, extends the moratonum for up to an additIOnal 50 months and 15 days SECTION 4 Tlus ordmance 15 declared to be an urgency measure adopted pursuant to the proviSIons of SectIOn 9 04 20 16 060 of the Santa MOnica MUnICipal Code and Sectton 615 of the Santa Monica City Charter As set forth m the findmgs above, thIS ordmance IS necessary for neB preservmg the pubhc health, safety, and welfare, and the approval of any addluonal subdlVlslons would result in a threat to public health, safety, or welfare SECTION 5 Any provision of the Santa MOnica Municipal Code or appendices thereto InconSistent with the proVISIons of thIS Ordmance, to the extent of such mconslstencies and no further, is hereby repealed or modified to that extent necessary to effect the provislOns of this Ordmance SECTION 6 If any section, subsection, sentence, clause, or phrase of this Ordinance is for any reason held to be mvahd or unconstnuttonal by a declSlon of any court of competent junsdlCtlOn, such deCISion shall not affect the validity of the remammg portIons oftlus Ord1Oance The CIty Council hereby declares that It would have passed thiS Ordmance 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 SECTION 7 The Mayor shaH SIgn and the City Clerk shall attest to the passage of thiS Ordmance The CIty Clerk shall cause the same to be published once 10 the offiCial newspaper within 15 days after its adoptIon ThlS Ordmance shall become effecuve upon Its adoption APPROVED AS TO FORM 7ff#L/1~~A~ MARSHA J01SiS MOUTRIE City Attorney ..... .U03 ~/-~ Robert Holbrook, Mayor State of Califorma ) County of Los Angeles ) ss CIty of Santa Momca ) I, Mana M Stewart, CIty Clerk of the City of Santa Momca. do hereby cenrfy that the foregomg Ordmance No 1892 (CCS) had Its first readmg on December 16. 1997, and was adopted on December 16. 1997 by the followmg vote Ayes Council members Femstem. Genser. Greenberg, O'Connor, Rosenstem Noes CouncIl members None Abstam CouncIl members None Absent Counctl members Ebner, Holbrook ATTEST '- ~_.~"\ ~~ Mana M Stewart, 6ty Clerk ~., .010 ATTACHMENT B .. ~nli ... 0] 2 ~ ~ f ~ -~~--- ---~:-- /.-/"-\ -_:- / - ,....-- -- ~ . ----- . ..---------:-----~~/ - ._----~/ ~ ~ ~ ! J l ; ! i t ~ .------=::::::: -- . - ----=- ~ . J!1J!VSNTH - i,._ ; ~----'------ ~..:............___=:;.._-::.=' L_ ; . -- ~ ' ~-.,- ~-,-~~'- "j,c-t, -~~a ' , /7 ___ _,~--=- .; ,: __ / ~~__.-:..~ ----.:._ . .NIM'IH ......>;::0--, _____. -....:=-=- ,-, . : ./ !~~ !I' ~ i !i~ ~! --' . i. :-r-I" . ! i . :: ,: ....-.-----.-J-....i i. i:' ~:~. ,~. . UNO:lLN ---,---BI-.YQ iR2 I. Ii , ' ~.~ ~-~ ,--- -T c~ ; ~ '.'- . 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