Loading...
HomeMy WebLinkAbout1991-04-09 - AGENDA REPORTS - LAND USE ENTITLEMENTS (2)PUBLIC HEARING DATE: SUBJECT: DEPARTMENT: BACKGROUND AGENDA REPORT City Manager Approva Item to be presented April 9, 1991 A draft ordinance to provide a uniform 21 -day notice period for all public hearings on land use entitlements. Ordinance Number: 91-18 Community Development On March 5, 1991, the Planning Commission adopted Resolution No. P91-10 recommending approval to the City Council of the above item. Presently, three different lengths of notice periods are established by the code or state law for entitlements which require a public hearing. Periods of either 10, 20, or 21 days apply depending upon the entitlement and the related environmental review. Subdivisions require a 10 -day notice, zone changes and code amendments require 20 days, and entitlements that are accompanied by a negative declaration must have a 21 -day notice. The draft ordinance proposes to create a uniform 21 -day notice period for all public hearings. This will result in procedures which are easier to administer, thereby offering an improved service to the .public. Pending public testimony, introduce the ordinance and pass to second reading. ATTACHMENTS Ordinance No. 91-18 Planning Commission Resolution No. P91-10 Planning Commission Staff Reports dated March 5, and February 19, 1991 MAR:316 Agenda Item: CITY OF SANTA CLARITA NOTICE OF PUBLIC HEARING REGARDING PROPOSED ORDINANCE NO. 91 -18 AMENDING THE SANTA CLARITA MUNICIPAL CODE TO CREATE A UNIFORM 21 -DAY NOTICE PERIOD FOR ALL LAND USE ENTITLEMENTS 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 21 -day notice period for all land use entitlements. The ordinance would require a 21 -day notice period for public hearings for all land use entitlements. The hearing will be held by the City Council in the City Hall Council Chambers, 23920 Valencia Blvd., lst 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) 5. Opponent Argument (30 minutes) 6. Five-minute Rebuttal (Proponent) a. Proponent 7. Mayor Closes Public Testimony 8. Discussion by Council 9. Council Decision 10. Mayor Announces Decision ORDINANCE NO. 91-18 . AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA CLARITA, CALIFORNIA, SUPERSEDING AND AMENDING A PORTION OF TITLES 21 AND 22(PLANNING AND ZONING CODE) OF THE SANTA CLARITA MUNICIPAL CODE PERTAINING TO NOTICE PERIODS FOR PUBLIC HEARINGS FOR LAND USE ENTITLEMENTS LJ THE CITY COUNCIL OF THE CITY OF SANTA CLARITA DOES ORDAIN AS FOLLOWS: SECTION 1. The Cityof Santa Clarita's Municipal Code, i Section 21.16.070 of Chapter 21.16 s hereby superseded and amended to read as follows: 121.16.070 Notice of Public Hearing. At least 21 days prior to a Public Hearing held pursuant to Title 21, the Director of Community Development shall cause. a notice, which contains the.time and place of the hearing, a.general description of the location of the. proposed division of land and a statement. of a person's right to appear and be heard, to be: a. Published once in a newspaper of general circulation, available in the City of Santa Clarita; b. Mailed by first class United States mail, postage prepaid to: 1. The applicant and all persons listed in the application or petition as owners of the property under consideration; 2. All persons whose names and addresses appear on the list of property owners required to be submitted by the applicant; 3. Such other persons whose property might, in the Director of Community Development's judgment, be affected by such application or permit; 4. Each tenant of the subject property, in of a proposed conversion of residential real property to a condominium project, community apartment project or stock cooperative project, and Page 1 of 5 ORDINANCE NO. 91-18 c. Provided in such other fashion, in addition to the manner specified in Subsections A and B, where the Director of Community Development finds that it is necessary or desirable to do so. " SECTION 2. The City of Santa Clarita's Municipal Code, Section 22.56.620 is hereby superseded and amended to read as follows: "22.56.620. Public Hearings - Notice Requirements. Not less than 21 days prior to the date of a hearing on an application for a cemetery permit, the Director of Community Development shall: A. Cause a copy of such notice to be published in a newspaper of general circulation in the City of Santa Clarita, the first such publication appearing at least 21 days prior to the date of hearing as follows: 1. Ten publications within such period if in a daily newspaper, or 2. Three publications if in a weekly newspaper. B. Cause notice of said hearing to be posted conspicuously along the exterior boundary line- of said proposed cemetery, or extension of an existing cemetery, not more than 300 feet apart and at each change of direction of the said boundary line, and also in the same manner along both sides of all public highways within one and one-half miles- of such exterior boundaries, and in such manner as will reasonably give notice to passerby of the matters contained.in such notice.. The notices referred to in this subsection shall contain a copy of the notice of hearing, a rough sketch showing the boundaries of the proposed cemetery or extension of an existing cemetery,.and all public highways within a distance of one and on -half miles of such exterior boundaries, and a statement in black face letters not less than one inch high: Page 2 of 5 0 ORDINANCE NO. 91-18 'NOTICE OF PROPOSAL TO ESTABLISH CEMETERY"; . C. Vhere there are 50 or more buildings used either for residence or business purposes within a distance of one and one-half miles from such exterior boundaries of said proposed cemetery or extension of an existing cemetery, he shall cause a notice of the said hearing to be mailed by first class mail, 'postage prepaid, to all persons whose names and addresses appear on the verified lists of property owners required to be submitted by the applicant." SECTION 3. The City of Santa Clarita's Municipal Code, Section 22.60.174 is hereby superseded and mended to read as follows: "22.60.174. Required Procedures Described. No less than 21 days prior to the date of any hearing, other than a hearing on an application to grant a cemetery permit, the Director of Community Development shall: A. Cause a copy of a notice of the time and place of such hearing to be published as follows: 1. Hearings on general amendments to the Zoning Ordinance shall be published once in a newspaper of general circulation in the City of Santa . Clarita; 2. Hearings on permits, variances, nonconforming uses or structure review, development agreements or zone changes shall be published once in a newspaper of general circulation available in the City of Santa Clarita; except that surface mining permits for mining operations described in Part 9 of Chapter 22.56 shall be published in two newspapers of general circulation at least one of which is a newspaper available in the City of Santa Clarita. Such publications, if made in a daily newspaper, shall be for a period of not less than five consecutive publications of such newspaper, and if made in a weekly newspaper, shall be for a period of not less than two consecutive publications of such paper, the first publication in either case appearing not less than 21 days before the date of the hearing., Page 3 of 5 • ORDINANCE NO. 91-18 0 SECTION 4. The City Clerk shall certify to the adoption of this ordinance and cause it to be published in the manner prescribed by law. 1991. ATTEST: C� PASSED AND APPROVED .THIS DAY OF CITY CLERK Page 4 of 5 MAYOR STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES ) ss 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 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: COUNCILMEMBERS: NOES: COUNCILMEMBERS: ABSENT: CITY CLERK u Page 5 of 5 is MAR:279 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 TO: Chairman Brathwaite and Members of the Planning Commission FROM: Lynn M. Harris, Director of Community Development ,L �l JV SUBJECT: Code Amendment No. 91-002: Proposed amendments to existing public hearing notice 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: 305 Agenda Item. S CITY OF SANTA CLARITA STAFF REPORT Code Amendment No. 91-002 DATE: February 19, 1991 TO: Chairman Brathwaite and Members of the Planning Commission n I �L FROM: Lynn M. Harris, Director of Community Developmenty�L CASE PLANNER: Michael Rubin, Associate Planner J APPLICANT: City of Santa Clarita LOCATION: Citywide REQUEST: A draft ordinance to provide a uniform 21 -day notice period for all pubic hearings on land use entitlements. BACKGROUND: Presently, the required notice period for Planning Commission and City Council public hearings on land use entitlements varies; subdivisions require a 10 -day notice period and zone changes, variances, conditional use permits, and other miscellaneous entitlements all require a 20 -day notice period. As a matter of practice since incorporation, the City has routinely provided a 20 -day notice period on subdivisions, even though only a 10 -day period has been required. Additionally, an amendment to the California Environmental Quality Act (CEQA) became effective January 1, 1990, that affects notice periods. Previously, no specified notice period was required for negative declarations. State law only required that a "reasonable time period" for public review of a negative declaration be provided by the lead agency. It was up to the jurisdiction's discretion of what was "reasonable." A statewide survey of jurisdictions found that the "reasonable time period" being used varied from five days to 30 days. To provide clarity and uniformity of practice of the notice requirement for negative declarations, a 21 -day notice period was then established by the state. PROJECT DESCRIPTION: The draft ordinance proposes to unify the notice periods so that all land use entitlements that require a public hearing have the same notice period. The 21 -day notice period was selected since it conforms to the longest notice period required by current law and since most projects that require a public hearing are also accompanied by a negative declaration. ENVIRONMENTAL REVIEW: In accordance with the California Environmental Quality Act, this request is categorically exempt under Section 15061(b)(3) of the State CEQA Guidelines, and requires no further environmental review. CA -91-002 February 19, 1991 page 2 INTERDEPARTMENT/INTERAGENCY REVIEW: This ordinance was prepared with the consultation of the City Attorney's Office. ANALYSIS: To have a uniform notice period for all hearings would provide an improved public service and a convenience in the administration of the notice requirements. RECOMMENDATION 1. Recommend approval of the attached draft ordinance to the City Council. 2. Adopt the attached resolution. MAR: 280 J RESOLUTION NO. P91-10 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF SANTA CLARITA RECOMMENDING APPROVAL OF CODE AMENDMENTS RELATING TO NOTICE PERIODS FOR PUBLIC HEARINGS 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 notice periods for public hearings 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 categorically exempt under Section 15061(b)(3) of the State CEQA Guidelines, and requires no further environmental review. SECTION 4. Based on 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 P91-10 PASSED, APPROVED, AND ADOPTED this 5th day of March, 1991. 4Louis Brathwai e, 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 Ly3)& M. Harris, Director Community Development MAR: lkI ID: 282 RESO P91-10 -2-