SR 05-10-2016 7B
City Council
Report
City Council Meeting: May 10, 2016
Agenda Item: 7.B
To: Mayor and City Council
From: Marsha Moutrie, City Attorney, City Attorney's Office
Subject: Introduction and First Reading of an Ordinance Reaffirming the Decision to
Amend the Official Districting Map for 1419 19th Street
Recommended Action
Staff recommends that the City Council introduce for first reading an Ordinance to
reaffirm the Council's February 23, 2016 decision to amend the Official Districting Map
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for 1419 19 Street, changing the zoning from Low Density Residential (R2) to General
Commercial (GC).
Executive Summary
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amend the Official Districting Map for 1419 19 Street changing the zoning from Low
Density Residential (R2) to General Commercial (GC) and is being presented to Council
since case law might support the position that map changes can only occur through
ordinance.
Background
On February 23, 2016, the Council adopted Resolution No. 10936 (CCS) which
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amended the Official Districting Map for 1419 19 Street, changing its zoning from Low
Density Residential (R2) to General Commercial (GC). This was the culmination of a
process initiated on May 12, 2015, when the Council directed staff to commence the
procedure to amend the LUCE (Land Use and Circulation Element) Map designation for
this property to a commercial designation and was necessary to ensure consistency
between the LUCE Map and the Official Districting Map. A full description of the history
n is set forth in the February 23 staff report
(Attachment A).
Discussion
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The City Council amended the Official Districting Map for 1419 19 Street by resolution.
provides that a zoning map change can only be undertaken by ordinance. This case
law relies on a statutory provision which does not apply to the City since Santa Monica
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is a charter city and the manner of adopting ordinances and resolutions are considered
a municipal affair. However, in an abundance of caution and to eliminate any possible
claim of procedural irregularity, this ordinance is presented to Council to reaffirm the
The underlying rationale for this zone change remains the same. The parcel is currently
vacant but has historically been zoned and used commercially. Zoning maps dating
back to 1960 show the subject parcel zoned commercially (C4). In 2007, the Planning
Commission unanimously approved a hotel annex project for the site that, although
never constructed, supported the appropriateness of the parcel for a commercial
project. As discussed, Council amended the LUCE Map designation of 1419 19th
Street from a Low Density Residential designation to a General Commercial designation
when it adopted the new Zoning Ordinance. However, the zoning of the property on the
Official Districting Map was not changed at that time. The approved land use
designation change is consistent with the commercial zoning in existence at the time for
the subject parcel and allows for the continued commercial use of the parcel. The
subject amendment to the Official Districting Map will make the zoning of 1419 19th
Street consistent with its existing land use designation.
Financial Impacts and Budget Actions
There is no immediate financial impact or budget action necessary as a result of the
recommended action.
Prepared By:
Barry Rosenbaum, Senior Land Use Attorney
Approved Forwarded to Council
Attachments:
A. February 23, 2016 Staff Report
B. Districting Map Ordinance
C. Written comments
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