SR-12-12-2013-7C - 106-027-02City of City Council Report
Santa Monica
City Council Meeting: February 12, 2013
Agenda Item:
To: Mayor and City Council
From: David Martin, Director, Planning and Community Development
Subject: Introduction and First Reading of an Ordinance to Modify Santa Monica
Municipal Code (SMMC) Section 9.48.090 to Extend the Time Period that
the Planning Commission has to make a Recommendation on a
Development Agreement to the City Council and to Clarify Existing Law
and Practice
Recommended Action
Staff recommends that the City Council hold a public hearing, receive public comment
and introduce for first reading the attached ordinance that would modify Santa Monica
Municipal Code (SMMC) Section 9.48.090 to allow the Planning Commission 90 days
from the date of its initial public hearing to conclude its consideration on a proposed
Development Agreement and to clarify existing law and practice.
Executive Summary
On January 8 2013 Council conducted a public hearing to discuss the application
processing procedures for Development Agreements. During Council discussion, it was
noted that a key component of the Development Agreement process is the Planning
Commission recommendation. The Commission conducts a public hearing and,
pursuant to SMMC Section 9.48.090, must forward a recommendation to Council within
30 days of the public hearing. This short time frame does not provide applicants
sufficient time to address concerns or direction from the Commission. It further limits
the Commission's opportunity to re- consider the amended project prior to forwarding a
recommendation to Council. Therefore, Council directed staff to propose an ordinance
amendment that would provide applicants and the Commission the time necessary to
make meaningful project changes and recommendations. Staff proposes extending the
timeframe to 90 days.
Discussion
Development Agreements undergo an iterative process involving the applicant,
community, staff and decision - makers who weigh in on all aspects of the project
including proposed land uses, mass, scale, design, and community benefits. Pursuant
to SMMC Section 9.48.100, the formal hearing process is initiated by the preparation of
a Notice of Intention that the Planning Commission will consider a Development
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Agreement. This is a necessary step in the ,hearing process prior to formal Council
consideration of the proposed Development Agreement. Under current Code, the
Commission must forward its recommendation to the City Council within 30 days of the
Notice of Intention public hearing date. This time frame often does not provide
adequate time for the applicant to address the breadth of comments the Planning
Commission may have, which can include significant design modifications and revisions
to the community benefit proposal. Moreover, it does not allow the Commission time to
thoughtfully consider revisions and then make a recommendation to Council on the
amended project. In order to obtain more meaningful input from the Commission, staff
suggests increasing the timeframe to 90 days. Staff is recommending additional
ordinance language to clarify existing law that an applicant may agree to extend the
period for Planning Commission action. In addition, staff recommends adding clarifying
language regarding Council's authority to establish concept review procedures prior to
formal Development Agreement review. This reflects the current Development
Agreement float -up process.
Proposed Ordinance Amendment
SMMC Section 9.48.090 would be amended as follows:
"The Planning Commission shall consider the proposed development agreement
and make a recommendation thereon to the City Council in the manner set forth
in this Chapter. The Planning Commission shall foRNard its re,.,,,nmendation to
the City -Cow; conclude its consideration of the proposed development
agreement within thirty. (30) ninety (90) days of the time specified for the public
hearing in the notice of intention. The applicant may agree to extend this ninety
90 day time period.
In addition to formal consideration of the proposed development agreement by
the Planning Commission pursuant to this Section. the City Council may
establish procedures for early conceptual review of the development agreement
Proposal by the City Council and City Boards and Commissions or a combination
thereof preceding the Planning Commission's formal consideration."
Environmental Analysis
The proposed ordinance is exempt from the provisions of the California Environmental
Quality Act (CEQA) pursuant to CEQA Section 15061(b)(3) which states that, if it can be
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seen with certainty that the project (interim ordinance amendment) has no possibility of
significant effect on the environment, it is not subject to CEQA review. The proposed
ordinance merely allows the Planning Commission additional time to conclude its
consideration of the proposed development agreement and forward a recommendation
to the City Council.
Public Hearing
A notice for this public hearing was published at least 10 days prior to the hearing in the
Santa Monica Daily Press.
Financial Impacts & Budget Actions
There is minimal financial impact associated with the proposed ordinance which could
result in an additional public hearing before the Planning Commission whose members
are compensated for their time.
Prepared by: Paul Foley, Principal Planner
Approved:
Forwarded to Council:
a
David Martin, Director Rod Gould
Planning and Community Development City Manager
Attachments: Proposed Ordinance
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f: \atty \muni \laws \barry\Development Agreement Amendment 02 -12 -13
City Council Meeting 02 -12 -13 Santa Monica, California
ORDINANCE NUMBER (CCS)
(City Council Series)
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA
AMENDING SANTA MONICA MUNICIPAL CODE SECTION 9.48.090 TO EXTEND
THE TIME PERIOD FOR THE PLANNING COMMISSION TO MAKE A FORMAL
RECOMMENDATION ON A DEVELOPMENT AGREEMENT TO THE CITY COUNCIL
AND TO CLARIFY EXISTING LAW AND PRACTICE
WHEREAS, Santa Monica Municipal Code Chapter 9.48 establishes the
procedure for the City to process development agreements; and
WHEREAS, the formal hearing process is initiated by the preparation of a Notice
of Intention that the Planning Commission will consider a proposed development
agreement; and
WHEREAS, the Planning Commission must forward it recommendation to the
City Council within thirty (30) days of the Notice of Intention public hearing date; and
WHEREAS, the Planning Commission commonly has extensive comments
and /or concerns regarding the nature and scope of the proposed project, its design, and
the negotiated community benefits; and
WHEREAS, this short time frame often does not provide adequate time for the
applicant to address the comments and concerns expressed by the Commission and for
the Commission to carefully consider the applicant's subsequent responses prior to
making its recommendation to the City Council; and
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WHEREAS, to remedy this deficiency in the current process, it is necessary to
amend this provision to provide the Planning Commission with ninety (90) days to
consider and make a recommendation to the City Council on a proposed development
agreement; and
WHEREAS, this amendment would also clarify existing law and practice that an
applicant can agree to extend the time for the Planning Commission to review and make
a recommendation on the development agreement and that the City Council may
establish procedures for early conceptual review of the proposed development
agreement by the City Council, City Boards and Commissions or a combination thereof
preceding the Planning Commission's formal consideration of the development
agreement,
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SANTA MONICA
DOES HEREBY ORDAIN AS FOLLOWS:
SECTION 1. Santa Monica Municipal Code Section 9.48.090 is hereby
amended to read as follows:
9.48.090 Processing.
The Planning Commission shall consider the
proposed development agreement and make a
recommendation thereon to the City Council in the manner
set forth in this Chapter. The Planning Commission shall
conclude its
`A
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 further, is hereby repealed or modified to that extent
necessary to effect 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 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,
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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 30 days from its adoption.
APPROVED AS TO FORM:
�7MA SHA JON S �MOUTRtIE J c
City Attorney
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