HomeMy WebLinkAbout1991-05-28 - AGENDA REPORTS - ORD 91 23 COMMERCIAL ZONES (2)AGENDA REPORT
City Manager Approval
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Item to be presenteddb�b
UNFINISHED BUSINESS Lynn M. Harris
DATE: May 28, 1991
SUBJECT: A draft ordinance establishing a Conditional Use Permit review
procedure for building exceeding a height of three stories or
35 feet in certain commercial and.industrial zones.
Ordinance No. 91-23
DEPARTMENT: Community Development
BACKGROUND:
At its May 14, 1991, meeting, the City Council conducted a'public hearing and
introduced the above draft ordinance. Currently, building height is limited
by the Planning and Zoning Code through maximum floor area which may allow for
building.heights out of context with existing or anticipated structure.
The draft ordinance does not set a new limit for building height, rather it
provides a review procedure under a Conditional Use Permit for buildings which
exceed a height of three stories or 35 feet in the C-3, C -M, M-1 and M-1.5
zones.
Page No. 2, Section No. 5 reflects Council action at the last meeting to
permit projects that have completed building permit applications to proceed.
The section also recognizes vesting tentative map approvals (such as for the
mall) are exempt in accordance with state law.
RECOMMENDATION•
Adopt the attached ordinance
ATTACHMENTS:
Ordinance No. 91-23
BCA:dls:73
Adopted: -_
Agenda Item:
ORDINANCE NO. 91-23
AN ORDINANCE OF THE CITY COUNCIL OF THE
CITY OF SANTA CLARITA, CALIFORNIA,
AMENDING SECTIONS 22.28.210, 22.28.260,
22.32.070 AND 22.32.130 OF TITLE 22 OF
THE LOS ANGELES COUNTY CODE, ADOPTED BY
REFERENCE AS THE SANTA CLARITA MUNICIPAL
CODE, RELATING TO THE USES SUBJECT TO
PERMITS IN THE C-3, C -M, M-1 AND M-1-1/2
ZONES IN THE CITY OF SANTA OF SANTA
CLARITA
THE CITY COUNCIL OF THE CITY OF SANTA CLARITA,
CALIFORNIA, DOES ORDAIN AS FOLLOWS:
SECTION 1. The Los Angeles County Planning and
Zoning Code, adopted by reference as the Santa Clarita
Planning and Zoning Code, is amended at section 22.28.210A,
Uses Subject To Permits, to add the following use in the
appropriate alphabetical order:
Buildings or Structures that exceed a height
of three stories or 35 feet above grade,
excluding signs which are permitted by Part 10
of Chapter 22.52, chimneys and rooftop
antennas.
SECTION 2. The Los Angeles County Planning and
Zoning Code, adopted by reference as the Santa Clarita
Planning and Zoning Code, is hereby amended at subsection
22.28.260A, Uses Subject to Permits, to add the following
use in the appropriate alphabetical order:
Buildings or Structures that exceed a height
of three stories or 35 feet above grade,
excluding signs which are permitted by Part 10
of Chapter 22.52, chimneys and rooftop
antennas.
SECTION 3 The Los Angeles County Planning and
Zoning Code, adopted by reference as the Santa Clarita
Planning and Zoning Code, is hereby amended at subsection
22.32.070A, Uses Subject To Permits, to add the following
use in the appropriate alphabetical order:
Buildings or Structures that exceed a height
of three stories or 35 feet above grade,
excluding signs which are permitted by Part 10
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of Chapter 22.52, chimneys and rooftop
antennas.
SECTION 4. The Los Angeles County Planning and
Zoning Code, adopted by reference as the Santa Clarita
Planning and Zoning Code, is hereby amended at subsection
22.32.130A, Uses Subject To Permits, to add the following
use in the appropriate alphabetical order:
- Buildings or Structures that exceed a height
of three stories or 35 feet above grade,
excluding signs which are permitted by Part 10
of Chapter 22.52, chimneys and rooftop
antennas.
SECTION 5. The provisions of section 1 through 4, inclusive
of this Ordinance, shall apply to all proposed development
projects in the applicable zones upon the effective date of
this Ordinance; provided, however, this Ordinance shall not
affect any project for which a vested tentative tract has
been approved or one for which a completed building permit
application has been filed; provided further, however, this
Ordinance shall not affect any vested right to proceed with
a development project. For the purposes of this Ordinance a
"vested right" to proceed with a project occurs only when
the project proponent has lawfully acquired all necessary
governmental permits, performed substantial work on the
project, and incurred substantial costs on the project, all
in good faith reliance upon the valid permits. For the
purposes of this Ordinance, determinations as to the
occurrence of a vested right to proceed shall be made by the
Planning Commission, in a public meeting, following an
administrative hearing. The decision of the Planning
Commission may be appealed to the City Council, as set forth
in the Santa Clarita Municipal Code at Section 2.04.100 et.
seq.
SECTION 6. 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
ordinance will be consistent with the general plan proposal
currently being considered or studied. There is little or
no probability of substantial detriment to or interference
with the future adopted general plan if this ordinance is
ultimately inconsistent with the general plan. This action
complies with all other applicable requirements of state law
and local ordinances.
SECTION 7. Severability. If any section,
subsection, subdivision, sentence, clause, phrase, or
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portion of this Ordinance is for any reason held to be
invalid or unconstitutional by the 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 adopted this
Ordinance, and each section, subsection, subdivision,
sentence, clause, phrase, or portion thereof, irrespective
of the fact that any one or more sections, subsections,
subdivisions, sentences, clauses, phrases or portions
thereof be declared invalid or unconstitutional.
SECTION 8. The City Clerk shall certify to the
passage of this ordinance and shall cause the same to be
published as required by law.
PASSED AND APPROVED this day of
19 .
MAYOR
ATTEST:
CITY CLERK
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STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES ) ss.
CITY OF SANTA CLARITA 1
I, , City Clerk of the City of
Santa Clarita, do hereby certify that the foregoing
Ordinance No. was regularly introduced and placed
upon its first reading at a regular meeting of the City
Council on the day of , 19 That
thereafter, said Ordinance was duly adopted and passed at a
regular meeting of the City Council on the day of
, 19_, by the following vote, to wit:
AYES: COUNCILMEMBERS:
NOES: COUNCILMEMBERS:
ABSENT: COUNCILMEMBERS:
CITY CLERK
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