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
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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
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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,
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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:
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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