SR-400-004-01
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CA:lli~{:rmm394a/hpca
city Council Meeting 2-10-87
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FEB 1 0 1981
Santa Monica, California
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STAFF REPORT
TO:
Mayor and City Council
FROl-i :
City Attorney
Ordinance Adding section 9148G to the Santa
Monica Municipal Code Relating to Conditional
Use Permits
SUBJECT:
At its meeting on January 27, 1987, the City Council
introduced for first reading an ordinance adding Section 9148G to
the Santa Monica Municipal Code \'lhich allows certain uses of
property which are consistent with the Land Use Element of the
General Plan, but are prohibited by the existing Zoning
Ordinance, to be subject to the discretionary review of the
Conditional Use Permit process.
The ordinance is now being
presented to the City Council for adoption.
RECOMMENDATION
It is respectfully recommended that the accompanying
ordinance be adopted.
PREPARED BY: Robert M. Myers, City Attorney
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FEB 1019'1
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CA:ru~1:rmm395/hpca
city council Meeting 2-10-87
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Santa Monica, California
ORDINANCE NUMBER 1399(CCS)
(City Council Series)
AN ORDINANCE OF THE CITY COUNCIL OF THE
CITY OF SANTA MONICA ADDING SECTION 9148G TO
THE SANTA MONICA MUNICIPAL CODE
RELATING TO CONDITIONAL USE PERMITS
WHEREAS, an application for a text amendment to the Zoning
Ordinance was filed with the Planning Department in connection
with a proposed project located at 1636 Fifth Street, which would
permit the Planning Commission, or the City Council on appeal, to
approve uses consistent with the Land Use Element but prohibited
by the existing Zoning Ordinance pursuant to the Conditional Use
Permit process; and
WHEREAS, notice of the time, place, and purpose of hearing
on the proposed text amendment before the Planning Commission was
duly published in the Santa Monica Evening Outlook on October 30,
1986; and
WHEREAS, the Planning commission held a public hearing on
the proposed text amendment on November 10, 1986; and
WHEREAS, the Planning commission made its findings and
recommendations
in
writing on November
1.0,
1986,
duly
transmitting such findings and recommendations to the applicant
and to the City Council: and
WHEREAS, the city council considered the findings and
recommendations of the Planning Commission in connection with the
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proposed text amendment at its meeting on December 9, 1986, and
directed the City Attorney to prepare an ordinance adopting the
text amendment; and
WHEREAS, notice of the time, place, and purpose of hearing
on the proposed text amendment before the city Council was duly
published in the Santa Monica Evening Outlook on January 16,
1987,
NOW, THEREFORE, CITY COUNCIL OF THE CITY OF SANTA MONICA
DOES ORDAIN AS FOLLOWS:
SECTION 1.
Section 9148G is added to the santa Monica
Municipal Code to read as follows:
SECTION 9l48G.
Residential Uses.
other
provisions
of
this
Article
notwithstanding,
residential
uses
not
otherwise permitted in any district may be
permitted on a given site subject to the
approval of a Conditional Use Permit
provided the proposed use is specifically
identified as a permitted use for the Land
Use Element District in which the site is
located on the Land use Element Map in the
Land Use Element of the General Plan of
the city of Santa Monica.
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
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further, are hereby repealed or modified to that extent necessary
to affect the provisions af 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
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. This Ordinance shall become
effective after 30 days from its adoption.
APPROVED AS TO FORM:
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ROBERT M. MYERS 0
city Attorney
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I hereby certify that tH
, 1987.
Adopted and approved ~his
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v "'Ma\1or
Ordinance No. 1399(CCS)
was duly and regularly
at a meeting of the City
council on the 27th day of January 1987; that the said Ordinance
was thereafter duly adopted at a meeting of the city Council on
the loth day of February 1987 by the following Council vote:
Ayes: Councilmembers:
Finkel, Jennings, A. Katz, H.
Katz, Reed, Zane and Mayor Conn
Noes: Councilmembers:
None
Abstain: Councilmembers:
None
Absent: Councilmembers:
None
ATTEST:
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City Clerk