HomeMy WebLinkAbout1991-04-23 - ORDINANCES - LAND USE ENTITLEMENTS (4)ORDINANCE 91-19
AN ORDINANCE OF THE CITY COUNCIL OF THE
CITY OF SANTA CLARITA, CALIFORNIA,
SUPERSEDING AND ANEND ING PORTIONS OF
TITLE 21 AND 22 (THE PLANNING AND ZONING CODE)
OF THE SANTA CLARITA NUNI CIPAL 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21.56.O10C of Chapter 21.56, pertaining to Appeals, is hereby superseded and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hereby superseded and amended to read as follows: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
I"" 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 Chapter 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superseded and amended to read as follows:
822.16.360 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 Chapter
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superseded and amended to read as follows: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."
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:
122.56.530. 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 Chapter 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. Vhere the Director has denied such application, such notice shall
also inform the applicant that if within fifteen (15) days after the
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 8. 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 Chanter 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:
222.56.950 DIRECTOR'S DECISION - EFFECTIVE DATE. The decision of the Director
shall be in accordance with the provisions of Part 5 of Chapter 22 60 "
SECTION 10. The City of Santa Clarita's Municipal Code, Section
22.56.1060D of Chapter 22.56, 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 Chapter 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
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:
•22.56.1720 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;
022.56.1750. 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:
'22.56.1885. PROCEDURE FOR EXTENDED TIME PERIODS. Where 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
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 requested 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.
ORDINANCE NO. 91-19
5. 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 Chapter 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.
D. 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:
°22.60.210. 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 22.0
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:
•22.60.260. 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.
ORDINANCE NO. 91-19
B. The decision of the Commission, where it initially holds the public
r"^^ 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.
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 23rd day of _A=il , 1991.
MAYOR
r�l43
0010
00
1 10, MON, I
CITY 'CLERK
STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES) ss
CITY OF SANTA CLARITA)
I, Donna M. Grindev , City Clerk of the City of Santa Clarita,
do hereby certify that the foregoing Ordinance No. 91-19 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 9th day of April 1991. That thereafter, said Ordinance was duly
adopted and passed at a regular meeting of the City Council on the 23rd day
of April , 1991, by the following vote, to wit:
AYES: COUNCILMEMBERS: Darcy, Heidt, Klajic, McKeon, Boyer
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS:
CI L
MAR:296