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SR 12-12-2017 7D City Council Report City Council Meeting: December 12, 2017 Agenda Item: 7.D 1 of 1 To: Mayor and City Council From: Lane Dilg, City Attorney, City Attorney’s Office Subject: Second Reading and Adoption of An Ordinance Adopting Changes, Corrections, and Clarifications to the City's Zoning Ordinance, Chapters 9.01 Through Chapter 9.52 of Article 9 of the Santa Monica Municipal Code Recommended Action Staff recommends that City Council adopt the attached Ordinance. Executive Summary At its meeting on December 5, 2017, the City Council introduced for first reading an ordinance adopting changes, corrections, and clarifications to the City’s Zoning Ordinance, Chapters 9.01 through Chapter 9.52 of Article 9 of the Santa Monica Municipal Code. The ordinance is now presented to City Council for adoption. Prepared By: Elsa Kapsinow, Executive Assistant to the City Attorney Approved Forwarded to Council Attachments: A. Ordinance B. Written Comment From:Nada To:councilmtgitems; Ted Winterer; Gleam Davis; Tony Vazquez; Councilmember Kevin McKeown; Terry O’Day; SueHimmelrich; Pam OConnor Cc:Brian Patrick O"Neil; Nada Subject:Re: Residents for the Preservation of Gandara Park Neighborhood - City Council 12/12/17 Meeting Agenda Items7D and 3A Date:Tuesday, December 12, 2017 5:28:34 PM Dear Councilmembers, We are writing to express concern regarding and opposition to the recommended actions for Agenda Items 7D and 3A. First, regarding Item 7D, which is described as a "Second Reading and Adoption of Ordinance Adopting Changes, Corrections, and Clarifications to the City's Zoning Ordinance, Chapters 9.01 Through Chapter 9.52 of Article 9 of the Santa Monica Municipal Code", the Staff recommends that City Council adopt the attached Ordinance. We take particular issue with the change proposed to SMMC Section 9.28.070(A) (p. 3.75), which changes the required parking for Single-Unit Residential Districts. The current law requires that parking in a Single-Unit Residential District shall be located within an enclosed garage. The proposed change would modify the ordinance as follows: “Required parking for all other permitted use classifications in the Single-Unit Residential district shall not be required to be located within an enclosed garage.” This would mean that all homes in Single- Unit Residential Districts that were operated as businesses, such as preschools, could remove the garage. This would effectively re-zone each of these homes for business and commercial uses because it would be cost prohibitive for future buyers who wanted to use the home as a dwelling since they would have to rebuild the demolished garages. This proposed change in the ordinance was mischaracterized as “Zoning Ordinance Clean-Up” and the Executive Summary in the December 5 City Council Report stated “The proposed changes identified in this report are intended to provide clarification of standards, provide consistency between regulations, and eliminate any potential confusion in the application of standards without significantly altering the standards and regulations within the Zoning Ordinance.” In reality, this change does, in fact, significantly alter the standards and regulations within the Zoning Ordinance because it undermines and changes the purpose of having Single-Unit Residential Units. This proposed zoning ordinance change was introduced under cover of night, hidden within other proposed changes, and presented without any public reading or proper notice, simply to give the Applicant and the Staff an advantage in the Appeal filed by Residents for the Preservation of Gandara Park Neighborhood to the Planning Commission Statement of Official Action Approving Applications for Conditional Use Permit 17ENT-0075, Variance 17ENT-0147, Item 7D 12/12/2017 Item 7D 12/12/2017 & Fence/Wall Modification 17ENT-0148 for 2953 Delaware Ave. This governing by subterfuge is not only morally and ethically improper, it also strips residents of their due process rights and does away with the notion of a transparent process for developing city policy. We urge the City Council to reject this proposed zoning ordinance change outright or to continue it to allow for further public comment and analysis of the long term effects this change will have on Single-Unit Residential Districts. Second, we also urge the City Council to reject the staff recommendation to accept the report for Agenda Item 3A. We protest the expenditure of Child Care Linkage Fees to help pay for the construction of the Santa Monica College Early Childhood Lab School. Best regards, Nada Shamonki Member and Representative of the Residents for the Preservation of Gandara Park Neighborhood Item 7D 12/12/2017 Item 7D 12/12/2017 REFERENCE – ORDINANCE NO. 2567(CCS)