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HomeMy WebLinkAbout1990-08-14 - AGENDA REPORTS - BUILDING PERMITS ORD (2)AGENDA REPORT City Manager Approval Item to be presented b��y��� PUBLIC HEARING Lynn M. Harris !LL'LL(�4Cd/ DATE: August 14, 1990 SUBJECT: Draft ordinance regulating building permits during consideration of City Council -initiated zone changes (continued; from July 24, 1990) Ordinance Number: 90-22 DEPARTMENT: Community Development BACKGROUND On July 24, 1990, the City Council continued this item to August 14, 1990 without having opened the. public hearing. A continuation was necessitated since the Planning Commission had not yet made its recommendation to. the Council. On July 3, 1990, the Commission held a public hearing on this item, continued the hearing to August 7, 1990, and set a study session for July 26, 1990. Since this ordinance is related to the Mobile Home Park Residential Zone Ordinance, the purpose of the study session was to provide the Commission with general information about mobile home parks in the City and how mobile home parks are regulated throughout the state. Following the study session, the Commission requested no modifications to the ordinance. The purpose of the draft ordinance is to reduce the speculation that could occur should the Council initiate a zone change; if the Council initiates a zone change to a more restrictive zone, then a property owner may react by attempting to pull a building permit for the property consistent with the current zone. The draft ordinance would limit the opportunity for development during the period when a Council -initiated zone change is in process. A building permit would be required to conform to the requirements of the proposed zone, unless a conditional use permit has been previously approved for that property and the specific development proposed. As of this writing (August 3, 1990) the draft ordinance was due to return to the Commission at its meeting of August 7, 1990. The results of that meeting will be reported to the Council, orally, at the Council's August 14, 1990 meeting. RECOMMENDATION Pending public testimony, introduce the ordinance and pass to second reading. ATTACHMENTS 1. Planning Commission staff report dated July 3, 1990 2. Draft ordinance 3. City Council Agenda Report dated July 24, 1990 4. Planning Commission staff report dated August 7, 1990 10 ID ID 108 Agenda Item: .+� 0 • • CITY OF SANTA CLARITA NOTICE OF PUBLIC HEARING REGARDING PROPOSED AMENDMENTS TO SECTIONS 22.16.080 AND 22.16.090 RELATING TO THE ZONE CHANGE AND AMENDMENT PROCESS OF THE CITY OF SANTA CLARITA PUBLIC NOTICE IS HEREBY GIVEN: A Public Hearing will be held before the City Council of the City of Santa Clarita to consider a proposed ordinance amending the existing procedure for the initiation of zone changes and the processing of land use entitlements during the period when a zone change is under consideration. The proposed ordinance will be heard Council Chambers, 23920 Valencia Blvd., at or after 6:30 p.m. by the City Council in the City Hall 1st Floor, the 24th day of July, 1990, Proponents, opponents, and any interested persons may appear and be heard on this matter at that time. Further information may be obtained by contacting the City Clerk's Office, Santa Clarita City Hall, 23920 Valencia, Blvd., Suite 300. Dated June 26, 1990 George Caravalho City Clerk Publish Date: July 3, 1990 .r- PUBLIC HEARING PROCEDURE 7. Mayor Closes Public Testimony 8. Discussion by Council 9. Council Decision 0 10. Mayor Announces Decision 0 1. Mayor Opens Hearing a. States Purpose of Hearing 2. City Clerk Reports on Hearing Notice 3. Staff Report (City Manager) or (City Attorney) or (RP Staff) 4. Proponent Argument (30 minutes) 5. Opponent Argument (30 minutes) 6. Five-minute Rebuttal (Proponent) a. Proponent 7. Mayor Closes Public Testimony 8. Discussion by Council 9. Council Decision 0 10. Mayor Announces Decision 0 0 05/27r bkl lo: 4,J $'L. Lei LJ0 L710t) 04" "n nAtN ORDINANCE NO. 90-22 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA CLARITAr AMENDING SECTIONS 22.16.080 AND 22.16.090 OF THE SANTA CLARITA MUNICIPAL.CODE, RELATING TO THE ZONE CHANGE AND AMENDMENT -PROCESS OF THE CITY. THE CITY COUNCIL OF THE CITY OF SANTA CLARITA, CALIFORNIA, ORDAINS -AS FOLLOWS: SECTION 1. Section 22.16.080 .of the Santa Clarita Municipal Code is amended to read: 22.16.080. INITIATION OF ZONE CHANGES AND AMENDMENTS. • Zone changes or amendments may be initiated by the Council or Commission by the adoption of a resolution of initiation. A property owner may apply for a zone change o: amendment on the property owned by such property owner by submitting a petition as provided in Sections 22.16.090, et seq. of this Title to the Director on such form as the Director may prescribe. The Director shall set all petitions for, and initiations of, zone changes or amendments far hearing before the Commission. SECTION 2. Section 22.16.090 of the Santa Clarita Municipal Code is amended to read: 0 4u VVLr J40 -1- � OCH\WP\ORD25277 ✓33 E oo,:t6/,J+ iv 4,J U'Aj ��o zivu nns:i LA MAIN 22.16.090. CONSISTENCY WITH COUNCIL INITIATED ZONE CHANGES OR AMENDME:7TS. Upon the initiation by the Council of a zone change or amendment, the Director shall only issue permits for the erection, construction, alteration, or change of any building, structure, or improvement within the territory of such proposed zone change or amendment which would conform. to the requirements for the proposed zone, unless a Conditional Use Permit for use which does not conform to the proposed zone has first been approved pursuant to the provisions provisions of Part 1 0£ chapter 22.56 0£ this Title. Any permit issued in violation o£ this Section shall be void. • 1-1 . This.ordinance is an urgency ordinance n c 4sary for the immediate preservation of the public p ace,health, or safety within the meaning of Governme ode Section 36937(b) and shall go into e fv-ct-— edialy. Thefact constituting the necessi re: --1. As a newly incorporated City, the City will be required to initiate zone changes and amendments in order to ensure consistency between the City's General Plan andt e %.I%Y a zone map. DCH\WP\ORD25277 4L VJUS/Q�L6 z�y u 0 •UY .:7, au Lo -44 'a4L.;' [ao Lluu. ZAaJ LA MAIN ;2. Without this ordinance in place, the'City will be subject to processing and approving discretionaryand ministerial development entitlements that would be inconsistent with the proposed General Plan and which would detrimentally impact properties adjacent to, or in the vicinity of, such proposed entitlements. 3. The adoption of -this ordinance as an emergency measure will preserve the integrity of the planning process and prevent the frustration o \the significant goals and policies of the City SECTION -4K The City Clerk shall rtify to the passage oi`this or'dinance�fd—iffill cause the same to be published as required by law, PASSED AND APPROVED this 19—. DCH\WP\ORD25277 -3- day of MAYOR Z 004,026 J—�� • • Oo/ "Ji 7U 'Lo +4� i. G � l JJ [3iiaJ, L.n .IiA i N iW JUZ)/ JLG„ ATTEST: CITY CLERK DCH\PTP\ORD 2 5 2 7 7 -4- CITY OF SANTA CLARITA STAFF REPORT ZONING ORDINANCE AMENDMENT NO. 90-002 DATE: July 3, 1990 TO: Chairwoman Garasi and Members of the Planning Commission FROM: Lynn M. Harris, Director of Community Development cL4�,Gp APPLICANT: City of Santa Clarita LOCATION: Citywide REQUEST: An urgency ordinance to revise the existing procedure for the initiation of zone changes and the processing of land use entitlements during the period when a zone change is under consideration RECOMMENDATION: Recommend approval to the City Council of the attached draft ordinance by minute action. BACKGROUND AND ANALYSIS: The attached draft ordinance is being processed at the request of the City Council. It is a companion ordinance to ZOA-90-001 (creation of a Mobile Home Park Residential Zone), also on the Planning Commission's July 3, 1990 agenda. Zone changes may be initiated by any one of three parties: the property owner (which is the usual circumstance), the Planning Commission, or the City Council. The draft ordinance creates certain procedures and requirements that would only pertain to Council -initiated zone changes. The purpose of the draft ordinance is to reduce the speculation that could occur should the Council initiate a zone change; if the Council initiates a zone change to a more restrictive zone, then a property owner may react by attempting to pull a building permit for the property consistent with the current zone. The draft ordinance would limit the opportunity for development during the period when a Council -initiated zone change is # process. A building permit. would be required to conform to the requirements of the proposed zone, unless a conditional use permit has been previously approved for that property and the specific development proposed. The near term use of this ordinance would occur in connection with the initiation of zone changes to the Mobile Home Park Residential Zone. In the longer term, this ordinance will become operative following general plan adoption in connection with citywide zone changes for conformance with the General Plan as well as any other Council -initiated zone changes. ZOA-90-002 - 2 - July 3, 1990 In accordance with the California Environmental quality Act, this request is categorically exempt under Section 15308 (Actions by Regulatory Agencies for Protection of the Environment) of the State EIR Guidelines, and requires no further environmental review. LMH:MAR: r ID 82 .j AGENDA REPORT City Manager Approval Item to be presented y PUBLIC HEARING Lynn M. Harris�6LL� DATE: July 24, 1990 SUBJECT: Draft ordinance regulating building permits during consideration of City Council -initiated zone changes DEPARTMENT: Community Development BACKGROUND The need for this draft.ordinance is related to the draft mobile home park zone ordinance, also on the Council's July 24, 1990 agenda. The draft ordinance proposes a new requirement that would pertain to City Council initiated zone changes only. When property is proposed to be rezoned by a Council -initiated zone change, one of two new requirements would apply: (1) An application for a building permit must conform to the requirements of the newly proposed zone, .or (2) A conditional use permit must be approved for the land use proposed. The purpose of this ordinance is to prevent the filing of.applications for development under the 'old" rules in an attempt to circumvent compliance with the "new" rules being considered in connection with a zone change initiated by the City Council. Without this type of ordinance, filings "under the wire" before a zone change becomes effective may be stimulated in an effort to avoid new regulations,•hence interfering with the very intent of the new zone. The moratorium on mobile home park closures has lapsed and cannot be further extended. Until another ordinance is adopted, closure proceedings could be initiated by mobile home park owners, and their properties could be considered for new development proposals. This ordinance would add new requirements and give the City more review authority should a mobile home park be proposed for conversion and development. The draft ordinance is necessary if the Council wishes to regulate potential development of existing mobile home.parks. The Planning Commission held a public hearing on the above item on July 3, 1990 and continued the item to a date uncertain. Also, the Commission set a study session date for July 26, 1990 on this matter. In the interim, a new public hearing date has been set for the Planning Commission of August 7, 1990. Please refer to the attached Planning Commission staff report, dated July 3, 1990 as well as the attached draft minutes (Item 5) of the Commission hearing on this matter. That the City Council adopt a minute resolution of intent to direct the Planning Commission to forward its recommendation as soon as possible. ATTACHMENTS 1. Planning Commission staff report dated July 3, 1990 2. Draft ordinance 3. Planning Commission draft minutes of its meeting of July 3, 1990 CITY OF SANTA CLARITA STAFF REPORT ZONING ORDINANCE AMENDMENT NO. 90-002 DATE: August 7, 1990 TO: Chairwoman Garasi and Members of the Planning Commission r FROM: Lynn M. Harris, Director of.Community Development��j�� CASE PLANNER: Michael Rubin APPLICANT: City of Santa Clarita LOCATION: Citywide REQUEST: An urgency ordinance to revise the existing procedure for the initiation of zone changes and the processing of land use entitlements during the period when a zone change is under consideration (continued from July 3, 1990) BACKGROUND; At its meeting of July 3, 1990, The Planning Commission opened the public hearing on the above draft ordinance and immediately continued the hearing to its regular meeting of August 7, 1990; since this ordinance is related to the Mobile Home Park Residential Zone. Ordinance, a study session was also set for July 26, 1990 on the general subject of mobile home parks, and how they are regulated. Following the study session, the Commission recommended no modifications to the draft ordinance. Please refer to the attached staff report dated July 3, 1990 for discussion of this ordinance. Recommend approval to the City Council of the attached draft ordinance by minute action. LMH: MAR: r ID 106 a -i CITY OF SANTA CLARITA STAFF REPORT ZONING ORDINANCE AMENDMENT NO. 90-002 DATE: July 3, 1990 TO: Chairwoman Garasi and Members of the Planning Commission FROM: Lynn M. Harris, Director of Community Development, APPLICANT: City of Santa Clarita LOCATION: Citywide REQUEST: An urgency ordinance to revise the existing procedure for the initiation of zone changes and the processing of land use entitlements during the period when a zone change is under consideration Recommend approval to the City Council of the attached draft ordinance by minute action. BACKGROUND AND ANALYSIS: The attached draft ordinance is being processed at the request of the City Council. It is a companion ordinance to ZOA-90-001 (creation of a Mobile Home Park Residential Zone), also on the Planning Commission's July 3, 1990 agenda. Zone changes may be initiated by any one of three parties: the property owner (which is the usual circumstance), the Planning Commission, or the City Council. The draft ordinance creates certain procedures and requirements that would only pertain to Council -initiated zone changes. The purpose of the draft ordinance is to reduce the speculation that could occur should the Council initiate a zone change; if the Council initiates a zone change to a more restrictive zone, then a property owner may react by attempting to pull a building permit for the property consistent with the current zone. The draft ordinance would limit the opportunity for development during the period when a Council -initiated zone change is in process. A building permit would be required to conform to the requirements of the proposed zone, unless a conditional use permit has been previously approved for that property and the specific development proposed. The near term use of this ordinance .would occur in connection with the initiation of zone changes to the Mobile Home Park Residential Zone. In the longer term, this ordinance will become operative following -general plan adoption in connection with citywide zone changes for conformance with the General Plan as well as any other Council -initiated zone changes. 1Z ZOA-90-002 - 2 - July 3, 1990 In accordance with the California EnvironmentalQuality Act, this request is categorically exempt under Section 15308 (Actions by Regulatory Agencies for Protection of the Environment) of the State EIR Guidelines, and requires no further environmental review. LMH :MAR. -r ID 82 a-3