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HomeMy WebLinkAbout1991-04-09 - AGENDA REPORTS - DECISIONS OF DIRECTOR CMNTY (2)AGENDA REPORT City Manager Approval Item to be presented b PUBLIC HEARING Lynn M. Harris 'V-V� DATE: April 9, 1991 SUBJECT: A draft ordinance that unifies the effective dates, appeal periods, and protest periods of decisions of the Director of Community Development and the Planning Commission. Ordinance Number: 91-19 DEPARTMENT: Community Development BACKGROUND On March 5, 1991, the Planning Commission adopted Resolution No. P91-09 recommending approval to the City Council of the above item. Presently the zoning ordinance has an appeal procedure which establishes four different lengths of time in which an applicant may appeal a decision of the Director of Community Development and the Planning Commission. Appeal periods are either 5, 8, 10, or 15 days, depending upon the action being appealed. Another form of appeal is a protest period. This procedure is used in minor land use permits for which the Director has the authority to act on. A radius notification is sent to surrounding property owners, which informs them of the Director's decision. If a minimum number of protests are received within a specified period of time, then a public hearing may be required. Protest periods.presently are 15, 20, or 30 days, again depending upon the.permit being appealed. Additionally, the beginning date of the appeal and protest periods is calculated four different ways: (1) the date the applicant receives the notice of the decision; (2) the date the applicant is sent notice of a decision; (3) the date the Planning Commission files its recommendation with the City Council; and (4) the.date of the Planning Commission action. The draft ordinance proposes to change all appeal and protest periods to a uniform 15 -day period, and to establish the beginning of these periods as the date of the action taken. This will result in procedures which are easier to administer, thereby offering an improved service to the public. RECOMMENDATION Pending public testimony, introduce the ordinance and pass to second reading. ATTACHMENTS Ordinance No. 91-19 Planning Commission Resolution No. P91-09 Planning Commission Staff Reports dated March 5, and February 19, 1991 MAR:315 ��t Agenda Item:_.. CITY OF SANTA CLARITA NOTICE OF PUBLIC HEARING REGARDING PROPOSED.ORDINANCE NO. 91-19 AMENDING THE SANTA CLARITA MUNICIPAL CODE TO.CREATE A UNIFORM 15 -DAY APPEAL PERIOD OF DECISIONS ON ALL LAND USE ENTITLEMENTS AND TO DETERMINE THE BEGINNING OF ALL APPEAL, PERIODS BY USING THE DATE OF THE ACTION BY THE DECISION-MAKING AUTHORITY 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 to create a uniform 15 -day appeal period of decisions on all land use entitlements and to determine the beginning of all appeal periods by using the date of theaction by the decision-making authority. The hearing will be held by the City Council in the City Hall Council Chambers, 23920 Valencia Blvd., 1st floor, Santa Clarita, the 9th day of April, 1991, at or after 6:30 p.m. 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., 3rd Floor. Santa Clarita. If you wish to .challenge this order in court, you may be limited to raising only those issues you or someone else raised at the public hearing described in this notice, or in written correspondence delivered to the Planning Commission or the City Council, at, or prior to, the public hearing. Dated: March 15, 1991 Donna M. Grindey City Clerk Publish Date: March 20, 1991 PUBLIC HEARING PROCEDURE 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) S. Opponent Argument (30 minutes) 6. Five-minute Rebuttal (Proponent) a. Proponent 7. Mayor Closes Public Testimony 8. Discussion by Council 9. Council Decision lo. Mayor Announces Decision ORDINANCE 91-19 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF. SANTA CLARITA, CALIFORNIA, SUPERSEDING AND AMENDING PORTIONS OF TITLE 21 AND 22 (THE PLANNING AND ZONING CODE) OF THE SANTA CLARITA MUNICIPAL CODE PERTAINING TO APPEAL -PERIODS, PROTEST PERIODS, AND EFFECTIVE DATES OF DECISIONS ON LAND USE ENTITLEMENTS THE CITY COUNCIL OF THE CITY OF SANTA CLARITA DOES ORDAIN AS FOLLOWS: SECTION 1. The City of Santa Clarita's Municipal Code, Section 21.56.O10C of Chapter 21.56, pertaining to Appeals, is hereby superseded and amended to read as follows: "C. All appeals of decisions of the Planning Commission shall be made within fifteen (15) days of the date of the decision." SECTION 2. The City of Santa Clarita's Municipal Code, Section 22.16.200 of Chapter 22.16, pertaining to Zone Changes and Amendments, is hereby superseded and amended to read as follows: "22.16.200.PUBLIC HEARING BY CITY COUNCIL -PROCEDURES GENERALLY - COMMISSION ACTIONS FINAL. After receipt of the Commission's recommendation, the City . Council shall hold a public hearing and shall give notice of such public hearing pursuant to the procedure set forth in Part 4 of Chapter 22.60; provided, however, that if the Planning Commission has.recommended against the approval of an amendment other than a zone change, the City Council shall not be required to take further action. In case of a change of zone, where the Commission has recommended denial, the action of the Commission shall become final unless an interested party appeals the decision. in accordance with Part 5 of Chanter 22.60.' SECTION 3. The City of Santa Clarita's Municipal Code, Section 22.16.360 of Chapter 22.16, pertaining to Development Agreements, is hereby superseded and amended to read as follows: •22.16.360 COUNCIL HEARING. After receipt of the Commission's recommendation, the City Council shall hold a public hearing and shall give notice of such public hearing pursuant to the procedure set forth in Part 4 of Chapter 22.60; provided, however, that if the Commission has recommended against approval of such application, the action of the Commission shall become final unless an interested party appeals the decision in accordance with Part 5 of Chanter 22.56." SECTION 4. The City of Santa Clarita's Municipal Code, Section 22.56.480C of Chapter 22.56, pertaining to Animal Permits, is hereby superseded and amended to read as follows: "C. In all cases where the Director denies an application, the Director shall • so inform the.applicant, in writing, and of the appeal provisions in accordance with Part 5 of Chapter 22.56." Page 1 of 7 ORDINANCE NO. 91-19 SECTION 5. The City of Santa Clarita's Municipal Code Section • 22.56.530 of Chapter 22.56, pertaining to Animal Permits, is hereby superseded and amended to read as follows: •22.56.530. EFFECTIVE DATE OF PERMIT. The decision of: A. The Director shall become final and effective in accordance with Section 22.60.260, provided no request for public hearing has-been filed by such applicant or other appeal of the action taken has been filed in accordance with Part 5 of Chanter 22.56. B. The Commission shall become final and effective in accordance with Section 22.60.260, provided no appeal of the action has been filed in accordance with Part 5 of Chanter 22.60." SECTION 6, The City of Santa Clarita's Municipal Code, Section 22.56.910E of Chapter 22.56, pertaining to Mobile Home Permits, is hereby superseded and amended to read as follows: "E. Decision by the Director. The Director may approve such time extension where the information submitted by the applicant or obtained by investigation of the staff substantiates the following findings: 1. That two protests to the granting of such time extension have not been received within fifteen (15) days following the date of the Director's decision and, • 2. That the exterior of such mobile home and the surrounding grounds are maintained in a neat, orderly and presentable condition in compliance with all conditions of the permit and other applicable statutes, ordinances, rules and regulations; and 3. That the area in the immediate proximity, of the lot or parcel of land on which the mobile home has been placed has not undergone urbanization or other changed circumstances to such an extent as to make the continued placement of said mobile home incompatible with surrounding uses." SECTION 7. The City of Santa Clarita's Municipal Code, Section 22.56.910G of Chapter 22.56, pertaining to Mobile Home Permits, is hereby superseded and amended to read as follows: "G. Notice of Director's Action. 1. The Director's notice shall be served upon: a. The applicant as required by law for the service of summons or by registered or certified mail, postage prepaid, return receipt requested; and b. All protestants by first class mail, postage prepaid, who have provided a mailing address. • 2.- Where the Director has denied such application, such notice shall also inform the applicant that if within fifteen (15) days after the Page 2 of 7 ORDINANCE NO. 91-19 date of the Director's decision, an appeal is filed, a public hearing will be scheduled relative to the refiling of a mobile home permit before the Commission." SECTION S. The City of Santa Clarita's Municipal Code, Section 22.56.920A of Chapter 22.56, pertaining to Mobile Home Permits is hereby superseded and amended to read as.follows: •22.56.920. APPEAL - FROM DIRECTOR'S DECISION - PROCEDURES. A. In cases other than denial of a time extension pursuant to subsection E of Section 22.56.910, any person aggrieved by the action of the Director may file an appeal of such action in accordance with Part 5 of Chapter 22.60. Such appeal shall contain the following information: 1. The administrative file number (case number).identifying the matter which is being appealed; and 2. The street address of the premises included in the action of the Director or, if no street address, the legal description of the premises." SECTION 9. The City of Santa Clarita's Municipal Code, Section 22.56.950 of Chapter 22.56, pertaining to Mobile Home Permits, is hereby superseded and amended to read as follows: . 022.56.950 DIRECTOR'S DECISION - EFFECTIVE DATE. The decision of the Director shall be in accordance with the provisions of Part 5 of Chanter 22.60." SECTION 10. The City of Santa Clarita's Municipal Code, Section 22.56.1060D of Chapter 22.55, pertaining to Parking Permits, is hereby superseded and amended to read as follows: "D. The decision of the Director shall become final unless annealed in accordance with Part 5 of Chapter 22.60, nor has a further review by the Commission of the Director's decision been initiated by City Council, or a member of the City Council." SECTION 11. The City of Santa Clarita's Municipal Code, Section 22.56.1065 of Chapter 22.56, pertaining to Parking Permits, is hereby superseded and amended to read as follows: •22.56.1065 APPEAL PROCEDURES. A. Any person dissatisfied with the action of the Director may file an appeal subject to Part 5 of Chanter 22.60. Upon receiving either a notice of appeal or a request of further review initiated by one or more members of the City Council within the appeal period, the Commission shall take one of the following actions: 1. Affirm the action of the Director; or 2. Refer the matter back -to the Director for further review with or without instructions; or Page 3 of 7 ORDINANCE NO. 91-19 3. Set the matter for public hearing. In such case, the Commission's . decision may cover all phases of the matter, including the addition or deletion of any condition. B. In rendering its.decision, the Commission.shall not hear or consider any argument or evidence of any kind other than the record of the matter received from the Director unless it is itself conducting a public hearing on the matter." SECTION 12. The City of Santa Clarita's Municipal Code, Section 22.56.1720 of Chapter 22.56, pertaining to Director's Review Procedures, is hereby superseded and amended to read as follows: 122.56.1720 TIME LIMIT FOR DECISION. The Director's decision shall be made in writing. If the Director takes no action on a site plan within 90 days from the date of filing, it shall constitute a denial of such site plan." SECTION 13. The City of Santa Clarita's Municipal Code, Section 22.56.1750 of Chapter 22.56, pertaining to Director's Review Procedures, is hereby superseded and amended.to read as follows: •22:56.1750. APPEAL PROCEDURE. An appeal may be made to.the Planning Commission by the applicant in the event that the applicant is dissatisfied with the action taken by the Director on a site plan subject to Part 5 of Chanter 22.60 with the exception that the decision of the Commission shall be final." • SECTION 14. The City of Santa Clarita's Municipal Code, Section 22.56.1885 of Chapter 22.56, pertaining to Temporary Use Permits, is hereby superseded and amended to read as follows: C� 022.56.1885. PROCEDURE FOR EXTENDED TIME PERIODS. Vhere an application for a temporary use permit for an extended time period is filed, these procedures shall be followed: A. Notification. 1. The Director shall cause a notice indicating the applicant's request • at the location specified to be forwarded to: a. The applicant, by registered or certified mail, postage prepaid, return receipt requested; b. All persons whose names and addresses appear on the latest available assessment roll of the County of Los Angeles as owning property within a distance of 500 feet from the exterior boundaries of the property on which the permit is filed, by first class mail, postage prepaid. A notice shall also be sent in a similar manner to *occupant" at the site address in those cases where the mailing address of any owner of property required to be notified under the provisions of this subsection differs from the site address of such property; and Page 4 of 7 ORDINANCE NO. 91-19 C. Such other persons whose property might, in the Director's . judgment, be affected by such application or permit, by first class mail, postage prepaid. 2. Such notice shall also indicate that any individual opposed to the granting of such permit may file a written protest with the Director within 15 days from the date of the Director's decision. B. Action. 1. The Director shall, without public hearing, approve an application for a temporary use permit for an extended time period when: a. The applicant has met the burden of proof set forth in Section 22.56.1860 and the Director can make the findings required by 22.56.1880; and b. A written protest to the proposed temporary use permit has been received within 15 days of the date of the Director's decision, and the Director determines that the concerns raised in such protest are not of general community interest and.can be adequately mitigated through the imposition of conditions. 2. The Director shall deny the application without public hearing where the information submitted by the applicant fails to substantiate the burden of proof and the required findings. 3. In all cases where a written protest has been received and the Director determines that the concerns raised are of general community interest, the applicant shall be notified in writing. Such notification will also inform the applicant that within -15 -days after the date of such notice the applicant may request a public hearing before the Director by filing any additional information that the Director may require. At the expiration of the 15 -day period: a, The Director shall deny an application where the applicant has not reque.sted a public hearing; or b. A public hearing shall be scheduled before the Director. All procedures relative to notification, publication and conducting the public hearing shall be the same as for a conditional use permit. Following a public hearing the Director shall approve or deny the proposed application, based on the findings required by this Part 14. 4. The Director shall send a notice of the action to the applicant, any person requesting notification, and anyone who has filed a.written protest. Such notice shall: a. Indicate that an appeal may be filed in accordance with Part 5 of Chapter 22.60. • b. Be sent in accordance with the provisions of Subsection A-1 of this section. Page 5 of 7 ORDINANCE NO. 91-19 S. The decision of the Director shall be subject to Part 5 of Chapter . 22.60. C. Appeal. 1. Any person dissatisfied with the action of the Director may file an appeal subject to Part 5 of Chanter 22.60. Upon receiving a notice of appeal, the Commission shall take one of the following.actions: a. Affirm the action of the Director; or b. Refer the matter back to the Director for further.review with or without instructions; or C. Set the matter for public hearing. In such case, the Commission's decision may cover all phases of the matter, including the addition or deletion of any condition. The public hearing shall be held pursuant to the procedure provided in Part 4 Chapter 22.60. 2. In,rendering. its decision, the .Commission shall not hear or consider any argument or evidence of any kind other than the record of the matter received from the Director unless it is itself conducting a public hearing on the matter. 3. The provisions of Part 5 of Chapter 22.60 shall apply, except that the decision of the Commission shall be final and conclusive. IsD. Effective Date. Where an appeal .is filed on a temporary use permit for an extended time period, the date of decision by the Commission on such appeal shall be deemed the date of grant in determining said expiration date." SECTION 15. The City of Santa Clarita's Municipal Code, Section 22.60.210, pertaining to Rights of Appeal, is hereby superseded and amended to read as follows: 922.60.210. RIGHTS OF APPEAL. Any interested person dissatisfied with the action of the Director may file an appeal from such action. Any interested person dissatisfied with the action of the Commission may file an appeal from such action, unless otherwise provided in this Title 22." SECTION 16. The City of Santa Clarita's Municipal Code, Section 22.60.260 of Chapter 22.60, pertaining to Appeal Procedures, is hereby superseded and amended to read as follows: 122.60.260.. EFFECTIVE DATES. Unless otherwise specified in Chapter 22.56, the following effective dates.shall apply to all land use permits, variances, and zone changes: A. The decision of the Director shall become effective fifteen (15) days after the date of the Director's decision, unless appealed to or called.up for review by the Commission prior to that date. Page 6 of 7 ORDINANCE NO. 91-19 B. The decision of the Commission, where it:initially holds the public . hearing, shall become effective fifteen (15) days after the date of the Commission's decision, unless appealed to the City Council prior to that date. 0 • C. The decision by the Commission regarding.an appeal or review shall become effective fifteen (15) days from the date of the Commission's decision, unless called up for review by or appealed to the City Council prior to that date. D. Where an appeal to, or call for review by the City Council is filed relating to any land use permit or variance, the date of decision by the City Council of such appeal or review shall be deemed the date of -grant in determining an expiration date.• SECTION 17. The City Clerk shall certify to the adoption of this ordinance and cause it to be published in the manner prescribed by law. PASSED AND APPROVED this day of , 1991. MAYOR ATTEST: CITY CLERK STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES) as CITY OF SANTA CLARITA) I, , City Clerk of the City of Santa Clarita, do hereby certify that the foregoing Ordinance No. 91-_ was regularly introduced and placed upon its first reading at a regularly introduced and placed upon its first reading at a regular meeting of the City Council on the day of 1991. That thereafter, said Ordinance was duly adopted and passed at a regular meeting of the City Council.on the day of 1991, by the following vote, to wit: AYES: f 104--1 ABSENT: MAR:296 s COUNCILMEMBERS: CITY CLERK Page 7 of 7 CITY OF SANTA CLARITA I N T E R O F F I C E M E M O R A N D U M DATE: March 5, 1991 �1+ T0: Chairman Brathwaite and Members of the Planning Commission FROM: Lynn M. Harris, Director of Community Development SUBJECT: Code Amendment No. 91-001: Proposed amendments to existing appeal and protest periods This item was continued from the regularly scheduled meeting of February 19, 1991, to tonight's meeting, due to public hearing time constraints. The staff report from the previous February 19th meeting is attached. MAR: 304 Agenda Item:_J�____ 0 CITY OF SANTA CLARITA STAFF REPORT Code Amendment No. 91-001 DATE: February 19, 1991 TO: Chairman Brathwaite and Members of the Planning Commission FROM: Lynn M. Harris, Director of Community Develop Tent7;1M CASE PLANNER: Michael Rubin, Associate Planner APPLICANT: City of Santa Clarita LOCATION: Citywide REQUEST: A draft ordinance that unifies the effective dates, appeal periods, and protest periods of decisions of the Director of Community Development and the Planning Commission. BACKGROUND: The code has four lengths of time periods for effective dates of decisions in which an applicant may appeal the various types of decisions: 5, S, 10, or 15 days. The manner in which the beginning of the appeal period is calculated is also determined four different ways: (1) the date the applicant receives the notice of the decision; (2) the date the applicant is sent notice of a decision; (3) the date the Planning Commission files its recommendation with the City Council; and (4) the date of the Planning Commission action. (Please refer to Attachment 1 of the staff report for a summary of the existing effective dates of decisions, appeal periods, and protest periods.) Generally, decisions may be appealed as follows: Either an applicant or an "interested person" may appeal a decision of the Director of Community Development or the Planning Commission, such as a decision on a conditional use permit or a subdivision. However, on a site plan, only an aonlicant may appeal a decision of the Director. A decision of the Director may be appealed to the Planning Commission, and a decision of the Commission may be appealed to the City Council. Most decisions of the Director have two levels of appeal opportunity. A decision may be appealed' to the Commission and again to the Council. Two exceptions are: (1) a Diveector's decision on a site plan, and (2) a temporary use permit requesting an extended time period. Both may only be appealed to the Commission. They may not be further appealed to the City Council. Director's decisions (other than on a site plan) and Planning Commission decision also have an effective date of the decision. The effective date is a period of time in the near future and serves the purpose of allowing a period in which an appeal may be filed. Effective dates of decisions coincide with the appeal periods. A "protest period" is a type of appeal period that is part of the review process for three permits (animal permit, parking permit, and temporary use permit -extended time period) which the Director is authorized by the code to act on. A radius notification is required where the Director has stated that the permit has been approved, unless any protests are recejwe-d-aA Asxccult of3 1 CA -91-001 February 19, 1991 page 2 the notification. If protests are received, then a hearing is usually required. Presently, the code has provisions for protest periods of 15, 20, or 30 days, depending upon the type of permit. For consistency, the draft ordinance proposes a 15 -day period from the date of the decision in which all protests must be filed. PROJECT The attached draft ordinance amends 16 sections in the code where it is necessary to provide uniformity for the effective dates of decisions and the method of calculating the beginning of the appeal period. A period of 15 days is used in the draft ordinance for all effective dates of decisions, appeal periods, and protest periods. The ordinance also amends the appeal period to establish the beginning of the period as the date of the action taken. For ease of review, in the draft ordinance, where a change is proposed it is underlined. ENVIRONMENTAL REVIEV: In accordance with the California Environmental Quality Act, this request is exempt under Section 15061(b)(3) of the State CEQA Guidelines, and requires no further environmental review. INTERDEPARTMENT/INTERAGENCY REVIEV: This ordinance was prepared with the consultation of the City Attorney's Office. ANALYSIS: The adoption of this ordinance would provide a uniform 15 -day effective date for all applicable land use decisions, all appeal and protest periods. This would provide consistency and uniformity to a routine code provision. Consequently, an improved public service would be offered by a creating code requirement which is easier to administer. RECOMMENDATION 1. Recommend approval of the attached draft ordinance to the City Council. 2. Adopt the attached resolution. Attachment: Summary of existing appeal periods. MAR:286 CA -91-001 February 19, 1990 page 3 SUMMARY OF EXISTING EFFECTIVE DATES OF DECISIONS. APPEAL PERIODS AND PROTEST PERIODS A. DECISIONS AND ACTIONS OF THE PLANNING COMMISSION 1. VARIANCES AND LAND USE PERMITS a. Entitlement: 15 days from the date the applicant receives notice of the decision of the Planning Commission or Director of Community Development. (Sec. 22.60.260B) b. Time extensions: 8 days after receipt on notice of decision by the applicant. (Secs.22.56.140, 20.60.260C) 2. SUBDIVISIONS a. Tentative Maps - 10 days from the date of action by the Planning Commission (Sec. 21.56.O10C) b. Time Extensions - 15 days from the date of action by the Planning Commission (Sec. 21.40.180D) 3. PLANNING COMMISSION ACTIONS ON APPEALS (Sec. 22.60.260C) 8 .days after receipt of the notice of the decision by the applicant. 4. ZONE CHANGES (Sec. 22.16.200) 5 days following the date the Commission files its recommendations with the City Council. B. DECISIONS OF THE DIRECTOR OF COMMUNITY DEVELOPMENT (Site Plan Review) (Sec. 22.56.1750) 1. Approval of site plan: 10 days following date of notification to the applicant. 2. Time extension: 10 days following the date of notification to the applicant. Attachment 1 page 1 V CA -90-001 February 19, 1991 page 4 3. Protest Periods: a. Animal Permits - 15 days from receipt by the applicant of the Director's notice of approval. (Sec. 22.56.470B) b. Mobilehome Permits: Time Extensions - 20 working days within the date of mailing of the notice to the applicant of the Director's approval. (Sec. 22.56.910E1) C. Parking Permits - 15 days from the date of receipt by the applicant of the Director's approval. (Sec. 22.56.1060A2) d. Temporary Use Permits: Extended Time Period - 15 days from the date the date of receipt by the applicant of notice of the Director's approval, where the Director makes certain findings. (Sec. 22.56.1885Bb) 30 days from the date of receipt by the applicant of notice of the Director's approval where the Director makes alternate findings. (Sec. 22.56.1885B3 Attachment 1 page 2 MAR: 286 i RESOLUTION NO. P91-09 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF SANTA CLARITA RECOMMENDING APPROVAL OF CODE AMENDMENTS RELATING TO APPEAL PERIODS, PROTEST PERIODS, AND EFFECTIVE DATES OF DECISIONS ON LAND USE ENTITLEMENTS THE PLANNING COMMISSION OF THE CITY OF SANTA CLARITA DOES HEREBY RESOLVE AS FOLLOWS: SECTION 1. The Planning Commission does hereby find and determine that a duly noticed public hearing was held by the Planning Commission on February 19, 1991 in the City Council Chambers, 23920 Valencia Boulevard, Santa Clarita, at 7:00 p.m. The item was continued to March 5, 1991. SECTION 2. Based upon the testimony and other evidence received at the public hearing, and upon studies and investigation made by the Planning Commission and on its behalf, the Commission further finds and determines as follows: a. The City of Santa Clarita is proceeding in a timely fashion with the preparation of a general plan. There is a reasonable probability that this code amendment, will be consistent with the general plan proposal currently being considered or studied, that there is little or no probability of substantial detriment to or interference with the future adopted general plan if the proposed resolution is ultimately inconsistent with that plan, and that the proposed project complies with all other applicable requirements of state law and local ordinances. b. Amending the code relating to appeal periods of decisions on land use entitlements is necessary for the protection of the public health, safety, welfare and environment. SECTION 3. The City of Santa Clarita Planning Commission has determined that in accordance with the California Environmental Quality Act, this request is exempt under Section 15061(b)(3) of the State CEQA Guidelines, and requires no further environmental review. SECTION 4. Basedon the foregoing, the Planning Commission hereby recommends approval to the City Council of the code to be amended to read as shown in the attached Exhibit 1. SECTION 5. The Secretary shall certify the adoption of this Resolution. RESO P91-09 PASSED, APPROVED, AND ADOPTED this 5th day of March, 1991. � o is Brathwa te, Chairman Planning Commission I hereby certify that the foregoing is a true copy of a Resolution adopted by the Planning Commission of the City of Santa Clarita at a regular meeting thereof, held on the 5th day of March, 1991, by the following vote of the Commission: AYES: Commissioners: Cherrington, Modugno, Garasi, Woodrow, and Chairman Brathwaite. NOES: Commissioners: None ABSENT Commissioners: None L M. Marri's, Director Community Development MAR. lkl ID: 281 RESO P91-09 -2-