SR-400-002
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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
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MAY - 9 1989
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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.
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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
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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
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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:
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ROBERT M. MYERS 0
City Attorney
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