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SR-400-004-09 . re:'tI- d?t? 'i -c , I-E FEB 2 6 1985 CA'RMM rmldpo2c CIty CouncIl MeetIng 2-26-85 Santa MonIca, CalIfornIa STAFF REPORT TO: Mayor and CIty CounCIl FROM- CIty Attorney SUBJECT: OrdInance AmendIng OrdInance Number 1321 (GCS) to EstablIsh an Appeal Procedure RelatIng to InterIm Development PermIts At Its meetIng on December 11, 1984. the CIty CounCIl Introduced for fIrst readIng an ordInance amendIng OrdInance Nllmber 1321 (GGS) to establIsh an appeal procedure In connectIon WIth the InterIm development permit procedure. When the ordinance was returned to the CIty CounCIl for second readIng on January 8, 1985, the CIty CounCIl dIrected the CIty Attorney to return wIth a reVIsed appeal procedure for first reading In response to thIS dIrectIon, the accompanYIng ordInance has been prepared and IS presented for CIty CounCIl conSIderatIon. ThiS Staff Report outlInes fIve prInCIpal alternatIves for the Glty CounCIl to conSIder ALTERNATIVE NUMBER 1 AlternatIve Number 1 IS the appeal procedure that was Introduced for fIrst readIng on December 11, 1984. TblS alternatIve IS set forth In Insert Number 1 accompanYIng the ordInance. 1 3--E rEa 2 I} I. . . ALTERNATIVE NUMBER 2 AlternatIve Number 2 IS an appeal procedure WhICh IS sImilar to the appeal procedure lntroduced for fIrst readIng on December 11, 1984, wIth one prInCIpal change. The change IS that In connectIon wlth the declsIon determInIng that a development IS appeal would permltted wIthout only be permItted a developmellt permIt, an If the basIs for such determInatIon IS contaIned In subdIvIsIons (b), (c), ld) J leJ, or (f) of SectIon 2. Thus} such appeals would be lImIted to new multIple famIly dwellIngs, government assIsted housing, changes of use} modIfIcatIons to non-resIdentIal and mIxed use proJects and new non-resIdentIal and mIxed use proJects ThIS alternatIve IS set forth In Insert Number 2 accompanYIng thIS ordInance, ALTERNATIVE NUMBER 3 AlternatIve Number 3 IS an appeal procedure WhICh IS IdentIcal to the appeal procedure Introduced for fIrst readIng on December 11. 1984, wlth one prlnlclpal change Rather than a notIce of deCISIon beIng posted In the offIce of the DIrector of PlannIng, notIce would be posted conspIcuously on the SIte of the proposed development. ThIS alternatIve IS set forth In Insert Number 3 accompanYIng the ordInance. ALTERNATIVE NUMBER 4 AlternatIve Number 4 IS slmllar to AlternatIve Number 3 except that the types of deCISIons appealable IS lImIted as In AlternatIve Number 2 Thus, appeals relatIng to a determinatIon that a development IS exempt would be lImIted to 2 . . new multIple famIly dwellIngs, government assIsted changes of use, modIfIcatIons to non-resIdentIal and mIxed use proJects and new non-reSIdentIal and mIxed use proJects. PostIng IS made only In connectIon WIth such determInatIons. ThIS alternatIve IS set forth In Insert Number 4 accompanYIng the ordInance. ALTERNATIVE NUMBER 5 AlternatIve Number 5 would be to Include no appeal procedure, In such event, no ordInance would be reqUIred. RECOMMENDATION It IS respectfully recommended that the CIty CouncIl Introduce the accompanYIng ordInance for fIrst readIng wIth such appeal procedure as It determInes approprIate. PREPARED BY: Robert M. Myers. CIty Attorney 3