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SR-820525-8B CA:RMM:r City Council Meeting 5-25-82 STAFF REPORT T0: Mayor and City Council FROM: City Attorney r MAY 2 w 9982 Santa Monica, California SUBJECT: Ordinance Adding Municipal Code Section 8110 Requiring a Coastal Development Permit Prior to the Issuance of Certain Permits At its meeting on March 16, 1982, the City Council directed the City Attorney to draft an ordinance requiring the issuance of a coastal development permit prior to the issuance of building and demolition permits. In response to this direction, the accompanying ordinance is presented for City Council consideration. Under existing law, a coastal development permit is required for developments in the California Coastal Zone. The coastal development permit is in addition to all local permits. The accompanying ordinance will make no substantive change in the permits required in the coastal zone. Instead, the ordinance will-postpone issuance of local building and demolition permits until a coastal development permit is issued. The ordinance will result in better coordination and will better ensure that developments proceed in conformity with the California Coastal Act of 1976. MAY 2 5 9982 It should be noted that this process will not require any significant delay in the issuance of local permits, The ordinance does not preclude a developer from submitting an application for local permits before issuance of a coastal development permit. Thus, a developer may have plan checks and obtain other local reviews that proceed local permit issuance. ION It is respectfully recommended that the accompanying ordinance be introduced for first reading. PREPARED BY: Robert M. Myers, City Attorney -2- CA : RI4M : r City Council fleeting 5-25-82 Santa Monica, California ORDINANCE NUMBER (City Council Series) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA ADDING SECTION 8110 TO THE SANTA MONICA MUNICIPAL CODE REQUIRING A COASTAL DEVELOPMENT PERMIT PRIOR TO ISSUANCE OF CERTAIN PERMITS THE CITY COUNCIL OF THE CITY OF SANTA MONICA DOES ORDAIN AS FOLLOWS: SECTION 1. Section 8110 is added to the Santa Monica Municipal Code to read as follows: Section 8110. Coastal Development Permit. No building permit or demolition permit shall be issued by the City for any development that requires a coastal development permit under the California Coastal Act of 1976, Public Resources Code Section 30000 et seq., until such time as a coastal development permit has been issued for such development. 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 1 further, are hereby repealed or modified to that extent necessary to affect the provisions of 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 the 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. This City Clerk shall cause the same to be published once in the official newspaper within 15 days after its adoption. The ordinance shall become effective after 30 days from its adoption. APPROVED AS TO FORM: Robert M. Myers City Attorney 2