Loading...
O2516f:lattylmunillawslbarry11419 19th Street Text Amendment City Council Ordinance 05-24- 20162d ORDINANCE NUMBE0S_/&(CCS) (City Council Series) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA AMENDING THE OFFICIAL DISTRICTING MAP FOR 1419 19TH STREET WHEREAS, on May 12, 2015, the City Council introduced for first reading an Ordinance to adopt a new Zoning Ordinance, new zoning and land use related chapters, and a new final Official Districting Map; and WHEREAS, the City Council also directed City Planning staff to commence procedures to amend the LUCE Map designation of 1419 19th Street from a Low Density Residential designation to a General Commercial designation; and WHEREAS, this land use designation change would be consistent with the commercial zoning in existence at the time for the subject parcel and allow for the continued commercial use of the parcel; and WHEREAS, on June 3, 2015, the Planning Commission voted to recommend to Council the adoption of a resolution to amend the LUCE Map for 1419 19th Street; and WHEREAS, on June 23, 2015, the Council adopted a resolution approving the LUCE Map amendment changing the land rase designation of 1419 19th Streetto General Commercial; and WHEREAS, the zoning of the property on the Official Districting Map was not changed at that time; and 1 WHEREAS, in order to make the zoning of the subject parcel consistent with the land use designation of the LUCE Map, the Official Districting Map needs to be amended to change the zoning of the property from Low Density Residential (R2) to General Commercial (GC); and WHEREAS, on November 18, 2015, the Planning Commission adopted a resolution of intent, Resolution No. 15-014, announcing its intention to consider recommending to the City Council that the City Council amend the Official Districting Map to change the zoning of the property from Low Density Residential (R2) to General Commercial (GC); and WHEREAS, on December 16, 2015, the Planning Commission held a public hearing and considered whether to recommend to the City Council the adoption of a resolution amending the Official Districting Map for 1419 19th Street changing the zoning from Low Density Residential (R2) to General Commercial (GC); and WHEREAS, a motion to recommend approval of the map amendment failed by a vote of 3-3, with one.Commissioner absent; and WHEREAS, the map amendment was technically denied; and WHEREAS, pursuant to Santa Monica Municipal Code Section 9.46.070(A), the owner of the subject property, Morad Memarzadeh, filed a request for a hearing by the City Council on the proposed map amendment; and WHEREAS, on February 23, 2016, the Council adopted Resolution No. 10936 (CCS) which amended the Official Districting Map for 1419 19th Street, changing its zoning from Low Density Residential (R2) to General Commercial (GC); and WHEREAS, however, certain case law provides that a zoning map change can only be effectuated by ordinance; and 2 WHEREAS, this case law relies on a statutory provision which does not apply to the City since Santa Monica is a charter city and the manner of adopting ordinances and resolutions are considered a municipal affair; and WHEREAS, the Zoning Ordinance authorizes'undertaking zoning map changes by resolution; and WHEREAS, in an abundance of caution and to eliminate any possible claim of procedural irregularity, this ordinance is presented to Council to reaffirm the Council's February 23, 2016 decision; and WHEREAS, forthe reasons articulated above, in the February 23, 2016 staff report, and in the May 10, 2016 staff report, this amendment is consistent in principle with the General Plan and with the purposes of the Zoning Ordinance to promote the growth of the City in an orderly manner and to promote and protect the public health, safety, and general welfare, and is necessary to achieve the balance of land uses desired by the City, consistent with the General Plan, and to increase the inventory of land within the General Commercial (GC) Zoning District, NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SANTA MONICA DOES RESOLVE AS FOLLOWS: SECTION 1. Pursuant to Santa Monica Municipal Code Section 9.46.070, the City Council does hereby amend the City of Santa Monica Official Districting Map as set forth in Exhibit A, attached to this Ordinance. Except as modified by this Exhibit A and by 3 Ordinance Number (CCS), 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 in the official newspaper within 15 days after its adoption. This Ordinance shall be effective 30 days from its adoption. APPROVED AS TO FORM: E tM SHA O ES MO TRIS C ,t ttor i y} I% 21 1 � r (Official .Districting Map Change) Address Street I APN 1419 119t'' 14275009018 Street Existing LUCE Designation General Commercial 5 Existing Zoning Low Density Residential (R2) Proposed Zoning Change General Commercial (GC) State of California ) County of Los Angeles )Ss. City of Santa Monica ) I, Denise Anderson -Warren, City Clerk of the City of Santa Monica, do hereby certify that the foregoing Ordinance No. 2516 (CCS) had its introduction on May 10, 2016, and was adopted at the Santa Monica City Council meeting held on May 24, 2016, by the following vote: Ayes: Councilmembers: Davis, Himmelrich, McKeown, O'Connor, O'Day Mayor Pro Tem Winterer, Mayor Vazquez Noes: Councilmembers: None Absent: Councilmembers: None A summary of Ordinance No. 2516 (CCS) was duly published pursuant to California Government Code Section 40806. ATTEST: Denise Anderson -Warren, City Clerk Date