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SR-400-002 . 000 - ()tr2- .~-B MAY - 9 1989 CA:RMM:lld523/hpc city Council Meeting 5-9-89 Santa Monica, California STAFF REPORT TO: Mayor and City Council FROM: City Attorney SUBJECT: Ordinance of the City Council of the city of Santa Monica Adopting Zoning District Amendment 33 Which Amends the Districting Map to Change the Zoning of a Property in the city of Santa Monica At its meeting on April 25, 1989, the City Council introduced for first reading an ordinance adopting Zoning District Amendment 33 which amends the Districting Map to change the zoning of a property in the City. 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 0-B MAY - 9 1989 . . RMM:LM:hp/ZC330RD city Council Meeting 5/9/89 Santa Monica, California ORDINANCE NUMBER (City Council series) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA ADOPTING ZONING DISTRICT AMENDMENT 33 WHICH AMENDS THE DISTRICTING MAP TO CHANGE THE ZONING OF A PROPERTY IN THE CITY OF SANTA MONICA THE CITY COUNCIL OF THE CITY OF SANTA MONICA DOES ORDAIN AS FOLLOWS: SECTION 1. The City Council finds and declares: (a) On April 26, 1988, William Dale Brantley Architects, "the Applicant", filed an application for Zone Change (ZC 33) pursuant to the former Santa Monica Municipal Code (SMMC) Section 9149, requesting that a certain property located at 1448 24th street be reclassified from R2, multi-family residential, to C4, General commercial. In addition, an application for Development Review (DR 472), pursuant to Ordinance 1321 and Variances (ZA 5362-Y and 5362A-Y), pursuant to SMMC Section 9145, were also filed to permit the construction of a three story/45' office building with 32,996 square feet of floor area and two residential units of 1,980 square feet each located on the third floor. (b) On February 1, 1989, the Planning Commission held a public hearing to consider Zone Change 33, Development Review 472, Variances 5362-Y and 5362A-Y, and Initial Study (EIA 889), and approved the proposal, wi th conditions, by a vote of 4 -0. The proposal was conditioned to provide four residential units. - 1 - . . This was intended to off-set the number of units lost through the zone change. (c) On April 15, 1989, pursuant to Santa Monica Municipal Code Section 9149C.2a, a notice of public hearing on an ordinance adopting Zone Change 33 was published in the Santa Monica Evening Outlook. (d) On April 25, 1989, the city Council conducted a public hearing to consider the adoption of Zone Change 33 to amend the Districting Map and change the zoning of certain properties in the City. (e) The City council finds that the public convenience, general welfare, and good zoning practice requires that the zone change proposed in Zone Change 33 be adopted in that: (1) The public necessity, public convenience and general welfare require the proposed zone change from R2 to C4, in that the proposed proj ect will create a large landscaped greenbelt area between the existing residential properties to the north and the project site. The greenbelt will also tie into an existing park on Cloverfield creating a larger open space. (2) Good zoning practice requires the proposed zone change from R2 to C4 in that the proposed office building will be setback a minimum of 24' from the adjacent residential district, and the area gained will be used to visually increase the size of a neighborhood vest pocket park. In addi tion, the proposed - 2 - . . development will include 4 residential units to offset the loss of the residentially zoned parcel. SECTION 2. The 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, 198B, pursuant to Ordinance 1454 (CCS), is hereby amended so that said map designates the following described property as "C4 n General Commercial: Lot 24 of Tract 4208 in the vicinity of Santa Monica, County of Los Angeles, state of California as per map recorded in book 45, page B, recorded in Office of the County Recorder of said county, and more commonly known as 144B 24th street. 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 the 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 unconsti tutional by a decision of any court or 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 this passed this Ordinance, and each and every section, subsection, sentence, clause, or phrase not declared invalid or unconstitutional without regard to whether - 3 - . . 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: ~ \ovo... L-v--- ROBERT M. MYERS 0 City Attorney -- - 4 -