O1413
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CA:RMM:lld145/hpc
city council Meeting 7-28-87
santa Monica, California
ORDINANCE NUMBER 1413(CCS)
(City Council Series)
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF SANTA MONICA AMENDING THE COMPREHENSIVE LAND USE
ORDINANCE BY ADDING SECTION 9147 TO THE SANTA MONICA
MUNICIPAL CODE TO PERMIT THE CONCURRENT PROCESSING OF
ADJUSTMENTS, VARIANCES, OR USE PERMITS FILED IN CONJUNCTION
WITH PROJECTS REQUIRING PLANNING COMMISSION APPROVAL
THE CITY COUNCIL OF THE CITY OF SANTA MONICA DOES ORDAIN AS
FOLLOWS:
SECTION 1. The City Council finds and declares:
(a) On January 27,
1987,
the ci ty council adopted
Resolution Number 7368 (CCS), a resolution of intention to amend
the Comprehensive Land Use Ordinance to allow the Planning
commission to consider applications for adjustment, variance, or
use permit when such permits are sought in conjunction with
projects requiring Planning Commission approval.
(b) On May 8, 1987, notice of a public hearing before the
Planning Commission to consider Resolution Number 7368 (CCS) was
published in the Santa Monica Evening Outlook.
(c) On May 18, 1987, the Planning Commission held a public
hearing to consider Resolution Number 7368 (CCS)/ following which
it voted unanimously to recommend that the city Council adopt the
proposed amendment to the Comprehensive Land Use Ordinance
contained therein, with a modification to ensure that the
Development Review Permits were within the scope of this Section.
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(d) In accordance with Santa Monica Municipal Code section
9149C.2.b., notice of a public hearing before the City council to
consider adoption of the amendment to the Comprehensive Land Use
Ordinance contained in Resolution Number 7368 (CCS) was published
in the Santa Monica Evening Outlook.
(e) On July 14, 1987, the City Council held a public
hearing to consider adoption of the
amendment to the
comprehensive Land Use Ordinance contained in Resolution Number
7368 (CCS).
(f) The City council finds that the public convenience,
general welfare, and good zoning practice require that the
amendment to the Comprehensive Land Use Ordinance contained in
Resolution Number 7368 (CCS) be adopted.
SECTION 2 .
section 9147 is added to the Santa Monica
Municipal Code to read as follows:
SECTION 9147.
Ad; ustment. Variance.
or Use Permit Souqht in Con;unction with
Pro;ect Requirina P1annina
Commission
Approval.
(a) The Planning Commission, rather
than the Zoning Administrator,
shall
approve , conditionally approve, or deny
any application for adjustment, variance,
or use permit normally approvab1e by the
zoning Administrator and shall be required
to process
it concurrently with an
application for a conditional Use Permit,
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Site Plan Review Permit, Subdivision Map,
Land Use Ordinance Text or Map Amendment,
General
Plan
Amendment,
or
other
discretionary
approval,
if
filed
concurrently with such application.
(b) An adjustment, variance, or use
permi t granted or denied by the Planning
Commission in conjunction with a proposed
project may be appealed to the city
Council.
An appeal to the City Council
must be filed within 10 days of the date
of
determination
by
the
Planning
Commission.
(c) The Planning Commission or the
ci ty Council on appeal shall apply the
substantive requirements set forth in
Sections 9144
9144C when making a
determination on an application for an
adj ustment, Sections 914 SA - 9145B when
making a determination on an application
for variance, and Section 9146A when
making a determination on an application
for use permit.
Cd) An application for adjustment,
variance,
or
use
permit
filed
in
conjunction with a proposed project which
is subject to Planning Commission approval
shall
be
subject
to
procedural
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requirements applicable to the primary
permit with which it is filed.
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,
is hereby repealed or modified to that extent necessary to affect
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 competent
jurisdiction, such decision shall not affect the validity of the
remaining portions of the 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 inva1 id or unconsti tutional wi thout 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.
effective 30 days from its adoption.
The ordinance shall be
APPROVED AS TO FORM:
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ROBERT M. MYERS
City Attorney
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I hereby certify
Ordinance No. l4l3(CCS)
a meeting of the City
Adopted and appro
was duly and
Council on the
that the said Ordinance was
thereafter duly adopted at a meeting of the city council on the
28th day of July 1987 by the following Council vote:
Ayes: Councilmembers: Finkel, Jennings, H. Katz, Reed,
Zane and Mayor Conn
Noes: Councilmembers: None
Abstain: Councilmembers: None
Absent: councilmembers: A. Katz
ATTEST:
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Ac~ing Ciey Clerk