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SR-8-A (57) CA:RMM:11217/hpc city council Meeting 7-14-87 ~A 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, - 1 - ~A 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 - 2 -