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CA:RMM:11217/hpc
city council Meeting 7-14-87
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JUl 1 4 1987
Santa Monica, California
STAFF REPORT
TO: Mayor and City Council
FROM: City Attorney
SUBJECT: Ordinance Adding section 9147 to the Comprehensive Land
Use Ordinance Relating to Adjustment, variance, and Use
Permit Procedure
On January 27, 1987, the City council adopted Resolution
Number 7368 (CCS), a resolution of intention to amend the current
Zoning Ordinance to allow the Planning commission to consider
applications for adjustments, variances and use permits when such
permits are sought in conjunction with projects which require
Planning commission approval.
In order to implement Resolution
Number 7368, the accompanying ordinance has been prepared and is
presented to the City Council for its consideration.
The current zoning ordinance sets forth procedures which
require that the Zoning Administrator consider and make
determinations on all applications for adjustment, variance, or
use permit, regardless of whether such adjustment, variance or
use permit is sought in conjunction with a project that requires
Planning Commission approval or administrative approval. The
Planning Commission is only authorized to consider adjustment,
variance, or use permit applications on appeal.
In situations where proposed proj ects must be approved by
the Planning Commission, and those projects require adjustments,
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JUl 1 4 1987
variances, or use permits along with other permits, an anomolous
situation is created in which an applicant I s project may be
considered by the Planning Commission or application knowing
whether or not an adjustment, variance, or use permit that is
necessary to the project will be granted by the Zoning
Administrator. The procedures established in the current zoning
ordinance do not provide for consolidation of adjustments,
variances, and use permits for hearing with the projects to which
they are integral.
(Santa Monica Municipal Code sections
9144-9146.) An amendment to the Municipal Code is necessary to
remedy this situation until the new Zoning Ordinance is adopted.
Pursuant to Santa Monica Municipal Code Section 9149, prior
to adoption of an ordinance effectuating a change in the text of
the Zoning Ordinance, the Planning Commission must review the
proposed ordinance.
On May 18, 1987, the Planning Commission
held a public hearing and unanimously approved a motion
recommending that the City council adopt the proposed ordinance,
with one small language change that would ensure that Development
Review Permits, which are required by Ordinance Number 1321
(CCS) I were included in the scope of the ordinance.
RECOMMENDATION
It is respectfully recommended that the accompanying
ordinance be introduced for first reading.
Prepared by: Robert M. Myers, city Attorney
Laurie Lieberman, Deputy City Attorney
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