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O2418f: \atty\muni \laws \barry\Development Agreement Amend mentO rd 02-26-1 32d City Council Meeting: 02 -26 -13 Santa Monica, California ORDINANCE NUMBER Zyig (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 1 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 iA set forth in this Chapter. The Planning Commission shall conclude its consideration of and make its recommendation on the proposed development agreement within 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 review 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. 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, 3 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: 4 Approved and adopted this 26th day of February, 2013. c Pam O'Connor, Mayor State of California ) County of Los Angeles ) ss. City of Santa Monica ) I, Sarah P. Gorman, City Clerk of the City of Santa Monica, do hereby certify that the foregoing Ordinance No. 2418 (CCS) had its introduction on February 12, 2013, and was adopted at the Santa Monica City Council meeting held on February 26, 2013, by the following vote: Ayes: Councilmembers: Davis, Holbrook, McKeown, Vazquez, Winterer Mayor O'Connor, Mayor Pro Tern O'Day Noes: Councilmembers: None Absent: Councilmembers: None A summary of Ordinance No. 2418 (CCS) was duly published pursuant to California Government Code Section 40806. ATTEST: Sarah P. Gorman, City Clerk