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)