SR-400-004 (22)
CA:RMM:lld115/hpc
City Council Meeting 1-27-87
~
i/op -OOt/
. Santa Monica,
California
9-~
JAN 2 7 1987
STAFF REPORT
TO:
Mayor and city Council
FROM:
city Attorney
SUBJECT:
A Resolution of Intention to Add Section 9147
to the Comprehensive Land Use Ordinance
Relating to Adjustment, variance, and Use
Permit Procedure
On January 13, 1987, the City Council directed the city
Attorney to prepare a resolution of intention to amend the zoning
ordinance to allow the Planning Commission to consider
applications for adjustment, variance, or use permit when such
permits are sought in conjunction with projects which require
Planning commission approval.
In order to accomplish this
objective, the accompanying resolution of intention 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 projects require
Planning Commission approval or administrative approval. The
Planning Commission is only authorized to consider adjustment,
variance, or use permit applications on appeal.
- 1 -
Q-A
JAWZ 7 19S7
In situations where proposed proj ects must be approved by
the Planning Commission, and those projects require adjustments,
variances, or use permits along with other permits, an anomalous
situation is created in which an applicant's project may be
considered by the Planning Commission, without the Planning
commission or applicant 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
proj ects 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.
RECOMMENDATION
It is respectfully recommended that the accompanying
resolution be adopted.
PREPARED BY: Robert M. Myers, city Attorney
Laurie Lieberman, Deputy City Attorney
- 2 -
CA:RMM:lldl13/hpc
City Council Meeting 1-27-87
Santa Monica, California
RESOLUTION NUMBER 7368(CCS)
(City Council Series)
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF SANTA MONICA DECLARING ITS INTENTION TO
AMEND THE COMPREHENSIVE LAND USE ORDINANCE
THE CITY COUNCIL OF THE CITY OF SANTA MONICA DOES RESOLVE AS
FOLLOWS:
SECTION 1. Pursuant to Santa Monica Municipal Code section
9149, the City Council does hereby give notice of its intention
to init~ate proceedings to amend the Comprehensive Land Use
Ordinance by adding Section 9147 to read as follows:
SECTION 9147.
Adlustment, Variance,
or Use Permit Sought in Coni unction with
project Requirinq Planning Commission
Approval.
(a) The Planning Commission, rather
than the Zoning Administrator,
shall
approve, conditionally approve, or deny
any application for adjustment, variance,
or use permit normally approvab1e by the
Zoning Administrator and shall be required
to process
it concurrently with an
application for a Conditional Use permit,
site Plan Review Permit, Subdivision Map,
- 1 -
Land Use Ordinance Text or Map Amendment,
or General Plan Amendment if filed
concurrently with such application.
(b) An adjustment, variance, or use
permi t granted or denied by the Planning
Commission in conjunction with a proposed
project may be appealed to the city
Council. An appeal to the City Council
must be filed within 10 days of the date
of determination by the Planning
commission.
(c) The Planning Commission or the
city Council on appeal shall apply the
substantive requirements set forth in
Sections 9144 9144C when making a
determination on an application for an
adjustment, Sections 9l45A - 9145B when
making a determination on an application
for variance, and Section 9l~6A when
making a determination on an application
for use permit.
(d) An application for adjustment,
variance, or use permit filed in
conjunction with a proposed project which
is subject to Planning commission approval
shall be subject to procedural
requirements applicable to the primary
permit with which it is filed.
- 2 -
SECTION 2. The City Clerk shall certify to the adoption of
this Resolution, and thenceforth and thereafter the same shall be
in full force and effect.
APPROVED AS TO FORM:
(.....~ ~ ~
ROBERT M. MYERS U
city Attorney
- 3 -
I hereby certify that
27th day of January, 1987.
Adopted and approve
rl--
\~r
e foregoing Resolution No. 7368(CCS)
was duly adopted by the City Council of the city of Santa Monica
at a meeting thereof held on January 27, 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:
~71.~
City Clerk