SR-400-004-09
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FEB 2 6 1985
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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
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rEa 2 I} I.
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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
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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
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