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SR-8-B (23) . . . . .2 //~OO?/ ~..B MAR 8 1988 Santa Monica,.California CA:RMM:rmd663/hpca city council Meeting 3-8-88 STAFF REPORT TO: Mayor and City council city Attorney FROM: SUBJECT: An Ordinance Adding Chapter 2A to Article IX of the Santa Monica Municipal Code to Allow the City Council to Increase Planning, Zoning, and Land Use Fees by Resolution At its meeting on February 2, 1988, the City Council directed the city Attorney to prepare resolutions and ordinances to implement various fee increases. In response to this direction, the first ordinance necessary to implement this direction is presented to the City Council for its consideration. Currently, fees for the filing and processing of applications with the Planning Department are contained in a variety of ordinances. In order to eliminate the need to adopt ordinances every time planning fees are increased, the accompanying ordinance would add section 9210 to the Municipal Code authorizing the City Council to establish fees by resolution. Upon the adoption of this ordinance, a resolution will be returned to the City Council setting forth specific fee increases as approved by the City Council at its meeting on February 2, 1988. - 1 - e-B W\I\R 8 19BB . . RECOMMENDATION It is respectfully recommended that the accompanying ordinance be introduced for first reading. PREPARED BY: Robert M. Myers, City Attorney - 2 - . . CA:RMM:rmd664/hpca city council Meeting 3-8-88 Santa Monica, California ORDINANCE NUMBER (City council Series) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA ADDING CHAPTER 2A TO ARTICLE IX OF THE SANTA MONICA MUNICIPAL CODE TO ALLOW THE CITY COUNCIL TO INCREASE PLANNING, ZONING, AND LAND USE FEES BY RESOLUTION THE CITY COUNCIL OF THE CITY OF SANTA MONICA DOES ORDAIN AS FOLLOWS: SECTION 1. Chapter 2A is added to Article IX of the Santa Monica Municipal Code to read as follows: CHAPTER 2A. PLANNING, ZONING AND LAND USE FEES. SECTION 9210. Planning, zoning, and Land Use Fees. (a) The City Council shall establish by resolution fees for the filing and processing of applications and appeals, and any documents necessary therefor, for any approval required to be obtained from the Planning Director, zoning Administrator, Planning Commission, Landmarks commission, Architectural Review Board, or City Council in connection with - 1 - . . any planning, zoning, land use, or any permit or approval required by Article IX of this Code. (b) No application or appeal shall be filed or processed until the fee has been paid as provided for in any resolution adopted pursuant to subsection (a) . (c) Any resolution adopted pursuant to subsection (a) shall govern over any conflicting provision contained in any ordinance adopted prior to the effective date of this Section. 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 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 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 - 2 - . . 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 publ ished once in the official newspaper within l5 days after its adoption. This Ordinance shall become effective after 30 days from its adoption. APPROVED AS TO FORM: ~~~~ ROBERT M. MYERS (j City Attorney - 3 -