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
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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
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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
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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