SR-400-002 (7)
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City Council Meeting 11-13-90
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Santa Monica, California
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NOV 1 3 1990
STAFF REPORT
TO:
Mayor and City Council
FROM:
city Attorney
SUBJECT:
Ordinance of the City Council of the City of
Santa Monica Adopting Zone Change Amendment 34
to Amend the Interim official Districting Map
At its meeting on October 30, 1990, the City Council
introduced for first reading an ordinance adopting Zone Change
Amendment 34 to amend the Interim Official Districting Map. 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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City Council Meeting 11-13-90
santa Monica, California
ORDINANCE NUMBER 1559 (CCS)
(City Council series)
AN ORDINANCE OF THE CITY COUNCIL OF THE
CITY OF SANTA MONICA ADOPTING ZONE CHANGE
AMENDMENT 34 TO AMEND THE INTERIM OFFICIAL
DISTRICTING MAP
THE CITY COUNCIL OF THE CITY OF SANTA MONICA DOES ORDAIN AS
FOLLOWS:
SECTION 1. The City Council finds and declares:
( a) On September 21, 1989, stanley and Richard Robbins
filed an appl ication for Zone Change pursuant to Santa Monica
Municipal Code Subchapter 10H, section 9120, requesting that a
certain property located at 1548 Ninth Street be reclassified
from R3A, multi-family residential with surface parking overlay,
to MI, industrial conservation.
(b) On March 21, 1990, the planning Commission held a
public hearing to consider Zone Change 34, and approved the
request by a vote of 4-1.
(c) On April 14, 1990, pursuant to Santa Monica Municipal
Code Section 9135, a notice of public hearing on an ordinance
adopting Zone Change 34 was published in The Outlook and mailed
to all owners and tenants of residential and commercial property
within a 500 foot radius of the project site.
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(d) On April 24, 1990, the City Council conducted a public
hearing to consider the adoption of Zone Change 34 to amend the
Interim Official Districting Map and voted to continue the
hearing to a later meeting to conclude its consideration.
(e) On August 7, 1990, the City Council conducted a public
hearing to consider the adoption of Zone Change 34 to amend the
Interim Official Districting Map and voted to continue the
hearing to a later meeting to conclude its consideration.
(f) On October 23, 1990, the City Council conducted a
public hearing to continue its consideration of the adoption of
Zone Change 34 to amend the Interim Official Districting Map and
change the zoning of certain properties in the City.
(g) The City council finds that the public convenience and
general welfare and good zoning practice requires that the zone
change proposed in Zone Change 34 be adopted, subj ect to the
conditions set forth in Section 2(b) below, in that:
(I) The proposed amendment of the Interim Official
Districting Map is consistent in principle with the goals,
objectives, policies, land uses, and programs specified in the
adopted General Plan in that the rezoning of the parcel in
question from R3A to Ml, subject to the conditions set forth in
Section 2 (b) herein, would allow a reasonable transition from
industrial to multi-family residential uses.
(2) The public necessity, public convenience and
general welfare require the proposed zone change from R3A to Ml
in that the construction of residential dwelling units at 1548
Ninth Street could subject future residents to the deleterious
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effects and disturbing noises that result from the site1s
proximity to a Southern California Edison electrical substation.
SECTION 2.
(a) The Interim 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, 1988,
pursuant to Ordinance Number 1454 (eCS), is hereby amended,
subject to the conditions set forth in Section 2(b) herein, so
that the Interim Official Districting Map designates the
following described property ("Subj ect Property")
as "Ml"
Industrial conservation:
Lot J, Block 191, Town of Santa Monica
Tract, County of Los Angeles, state of
California.
(b) The amendment of the Interim Official Districting Map
pursuant to Section 2(a) herein designating the Subject Property
as "Mltl Industrial Conservation is hereby subject to all of the
following conditions:
( 1)
Conditionally
Permitted
Uses.
All
uses
permitted under the Santa Monica Municipal Code in the Ml
District including, without limitation, all permitted uses under
Santa Monica Municipal Code section 9030.2 and all uses permitted
subject to a Performance Standard Permit under Santa Monica
Municipal Code Section 9030.3 shall be available on the Subject
Property only as conditionally permitted uses and, therefore, may
be permitted on the Subject Property, subject to approval of a
Conditional Use Permit, in the same manner as if all such uses
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were listed as conditionally permitted uses under Section 9030.4
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of the Santa Monica Municipal Code which sets forth conditionally
permitted uses in the Ml District.
(2) Prohibited Uses. The following uses, otherwise
permitted or conditionally permitted in the HI District, shall be
prohibited uses:
a. Automobile repair and automobile painting
facilities.
b.
Establishments
engaged
in
the
manufacturing, fabricating, assembly, testing, repair, servicing,
and processing of the following:
(I) Aircraft parts other than engines.
(2) Audio products.
(3) Coated, plated, and engraved metal.
(4) Cut stone and stone products.
(5) Diecut paper and paperboard, and
cardboard.
(6) Electric components and accessories.
(7) Furniture and fixtures.
(8) Glass products.
(9) Luggage.
(10) Motor vehicles, parts, and
accessories.
(11) Musical instruments and parts.
(12) Office machines.
(13) Paperboard containers and boxes.
(14) Pens, pencils, and other office and
artists materials.
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(15) Perfumes, cosmetics, and other
toilet preparations.
(16) Pharmaceutical products.
(17) Photographic and optical goods,
watches, and clocks.
(18) Plumbing fixtures and heating
apparatus.
(19) Professional, scientific, and
controlling instruments.
(20) Wooden containers.
c. Establishments engaged in the manufacturing
of the following:
(1) Awnings - metal, wood or canvass.
(2) Communication equipment.
(3) Electric lighting and wiring
equipment.
(4) Jewelry, silverware, and plated
ware.
(5) Toys, amusements, sporting, and
athletic goods.
d. Outdoor storage of fleet vehicles if such
vehicles are directly related to the primary industrial or
manufacturing operation on the site.
e. Parking and automobile storage lots and
structures.
(3) Application of CEQA to the Subj ect Property.
All proposed uses of the Subject Property shall be subject to the
requirements of the City of Santa Monica Guidelines
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("Guidelines") for Implementation of the California Environmental
Quality Act ("CEQA"). The Subject Property shall not be exempt
under the Guidelines and, therefore, shall require an Initial
study (as defined in the Guidelines) to be conducted to determine
if the proposed use may have a significant effect on the
environment, unless under the Guidelines an Environmental Impact
Report (EIR) is to be prepared.
(4) Recording. The owner of the property described
in subsection (a) of this section and the City shall enter into
an agreement in a form approved by the city Attorney for
recording with the Los Angeles County Recorder that sets forth
the limitations on development of the property as set forth in
this Ordinance.
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 that 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 unconstitutional by a decision of any court of 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 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 -
City Attorney
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Adopted and approved this 13th day of November, 1990.
V~or -r
I hereby certify that the foregoing ordinance No. 1559 (CCS)
was duly and regularly introduced at a meeting of the city
Council on the 30th day of October 1990~ that the said ordinance
was thereafter duly adopted at a meeting of the City Council on
the 13th day of November 1990 by the following Council vote:
Ayes: Councilmembers: Abdo, Finkel, Genser, Jennings,
Katz, Mayor Zane
Noes: Councilmembers: none
Abstain: councilmembers: none
Absent: Councilmembers: Reed
ATTEST:
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