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O2434CA:f\atty \muni \laws \barry \3402 Pico Boulevard Districting MapOrd0813132d City Council Meeting: 08 -13 -13 Santa Monica, California ORDINANCE NUMBER 2434 (CCS) (City Council Series) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA AMENDING THE CITY'S OFFICIAL DISTRICTING MAP TO CHANGE THE ZONING DESIGNATION FOR A PORTION OF THE PROPERTY LOCATED AT 3402 PICO BOULEVARD FROM R2 TO C2 WHEREAS, the property at 3402 Pico Boulevard is comprised of an 88,841 square foot parcel located adjacent to the Santa Monica Freeway that is zoned both C2 Neighborhood Commercial and R2 Low Density Multiple Family Residential; and WHEREAS, an existing commercial building and parking lot for this building currently straddles the two zoning designations; and WHEREAS, although this property is zoned residential (R2) and commercial (C2), the 2010 LUCE designates the entire site as Mixed Use Boulevard Low, a commercial designation, to reflect the existing legal, nonconforming commercial conditions; and WHEREAS, the property owner has filed an application, accompanied by a petition of at least 50 persons who are either property owners or tenants within the City, proposing to re -zone an approximately 39,000 square foot portion of the site from R2 to C2 to reflect its LUCE designation; and WHEREAS, the re- zoning of a portion of the site would also accurately reflect its current commercial condition; and WHEREAS, this application would allow the property ownerto continue to use the existing office building and re -zone a residential portion of the site along the freeway for commercial use, thereby responding to community concerns regarding constructing residential uses adjacent to the freeway; and WHEREAS, no new development project is currently proposed for the subject site as part of this zone change; and WHEREAS, on June 19, 2013, the Planning Commission conducted a public hearing on the proposed zone change and unanimously voted to recommend approval of the proposed zone change to the City Council; and WHEREAS, the proposed districting map is consistent in principle with the goals, objectives and policies of the General Plan as itwould correct an inconsistency between the LUCE and zoning designation and would reflect current property use; Ma WHEREAS, the proposed ordinance is exempt from the provisions of the California Environmental Quality Act (CEQA) pursuant to Section 15061(b)(3) in that it can been seen with certainty that there is no possibility the proposed districting map amendment may have a significant effect on the environment, since the proposed amendment is meant to bring zoning standards into compliance with the existing LUCE land use designation. In addition, no new development project is currently proposed for the subject site as part of this zone change and the development 2 standards for the C2 Neighborhood Commercial District and R2 Low Density Multiple Family Residential District would authorize similarly sized projects. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SANTA MONICA DOES HEREBY ORDAIN AS FOLLOWS: SECTION 1. The Official Districting Map of the City is hereby amended to the extent set forth in Exhibit "A." Except as modified by this Exhibit "A," the existing Official Districting Map of the City remains unaltered. SECTION 2. 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 effect the provisions of this Ordinance. SECTION 3. 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 any portion of the Ordinance would be subsequently declared invalid or unconstitutional. SECTION 4. 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 3 in the official newspaper within 15 days after its adoption. This Ordinance shall be effective 30 days from its adoption. APPROVED AS TO FORM: Exhibit "A" — 3402 Pico Blvd. Districting Map El 40 AFT d vlx Jp Ip 40 iw I �, Qw , , -1CP I 3402 Pico Blvd tl U1, tl Approved and adopted this 13th day of August, 2013. 'am O'Connor, Mayor State of California ) ? County of Los Angeles ) ss. City of Santa Monica ) I, Sarah P. Gorman, City Clerk of the City of Santa Monica, do hereby certify that the foregoing Ordinance No. 2434 (CCS) had its introduction on July 23, 2013, and was adopted at the Santa Monica City Council meeting held on August 13, 2013, by the following vote: Ayes: Councilmembers: Davis, Holbrook, McKeown, Vazquez, Winterer Mayor Pro Tern O'Day, Mayor O'Connor Noes: Councilmembers: None Absent: Councilmembers: None A summary of Ordinance No. 2434 (CCS) was duly published pursuant to California Government Code Section 40806. ATTEST: Sarah P. Gorman, City Clerk