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Home My WebLink About2010-06-08 - ORDINANCES - NEGDEC MC 10-023 (2)ORDINANCE NO. 10-6 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA CLARITA, CALIFORNIA, ADOPTING THE NEGATIVE DECLARATION PREPARED FOR THE PROJECT, AND APPROVING MASTER CASE 10-023, CONSISTING OF UNIFIED DEVELOPMENT CODE AMENDMENT 10-001, AMENDING THE UNIFIED DEVELOPMENT CODE (UDC) TO ADD SECTION 17.01.080.G ANNEXATIONS THE CITY COUNCIL OF THE CITY OF SANTA CLARITA, CALIFORNIA, DOES HEREBY ORDAIN AS FOLLOWS: SECTION 1. FINDINGS OF FACT. The City Council of the City of Santa Clarita does hereby make the following findings of fact: a. The City of Santa Clarita periodically prepares updates to the Unified Development Code (UDC); b. The City of Santa Clarita (the "Applicant") initiated a proposal (Master Case 10-023, UDC 10-001) to amend the UDC to include Section 17.01.080.G Annexations (the "Project") to authorize the City Council to grant certain exceptions from the development standards and establish a threshold for approving major modifications to County -approved entitlements; c. It has been the City's experience that when development takes place in the unincorporated Los Angeles County in the Santa Clarita Valley, property owners often later desire to annex to the City in order to have easier access to government services, more local representation, increased police services, higher park maintenance and lower registration fees for City -sponsored recreation programs; d. Upon annexation, the City becomes responsible for providing municipal services such as police protection, zoning enforcement, street maintenance and recreational and arts programs and other community services to serve the area, sometimes at significant cost to the City; e. The City receives less revenue when development occurs in the unincorporated County and later annexes than when construction takes place in the City; f. In general, it is fiscally beneficial to the City if property is annexed prior to development in order to increase the City's general fund and gas tax revenues received from property tax and transfer fees and vehicle license fees, which help offset the cost of providing municipal services; g. Section 17.01.080 of the Santa Clarita Municipal Code is amended to include "Section G. Annexations" as follows: . Section 17.01.080 Enforcement G. Annexation i� After conducting a public hearing pursuant to Section 17.01.100 of the Unified Development Code and subject to CEQA, the City Council, at its sole discretion, may grant exceptions to the following provisions of this title in accordance with County -entitled projects that annex to the City upon a finding that the impacts of such minor exceptions are consistent with the General Plan, and proposed prezoning will not adversely affect or be materially detrimental to adjacent uses or residents: a. Permitted Uses b. Parking c. Setbacks d. Floor area ratio e. Signage f. Architectural design elements g. Right-of-way improvements h. Landscaping i. Hillside development 2. At the discretion of the Director of Community Development, the determination shall be made whether a request fora major modification to a County -approved entitlement or subdivision map is greater than 50% deviation from the approved project and/or shall be subject to review and approval in accordance with the Subdivision Map Act and applicable City standards in effect at the time such request is deemed complete. h. The Planning Commission held a duly noticed public hearing on this issue on April 20, 2010, at 7:00 p.m. at City Hall, 23920 Valencia Boulevard, Santa Clarita, California; At the hearing described above, the Planning Commission considered a staff presentation, staff report, public testimony on the Unified Development Code Amendment, and the Negative Declaration prepared for the Project. At the public hearing, the Planning Commission voted 5-0 to recommend that the City Council adopt the Negative Declaration prepared for the project and approve Master Case 10-023 consisting of Unified Development Code Amendment 10-001; and j. The City Council held a duly noticed public hearing on this issue on May 25, 2010, at 6:00 p.m. at City Hall, 23920 Valencia Boulevard, Santa Clarita, California. The project was noticed in accordance with the public hearing noticing requirements of the Unified Development Code, and a 1/8th-page advertisement was placed in The Signal Newspaper on May 4, 2010. 2 SECTION 2. CALIFORNIA ENVIRONMENTAL QUALITY ACT FINDINGS. Based upon the foregoing facts and findings, the City Council of the City of Santa.Clarita hereby find as follows: a. An Initial Study and a Negative Declaration for this project have been prepared in compliance with the California Environmental Quality Act (CEQA); b. The Initial Study has been circulated for review and comment by affected governmental agencies and the public, and all comments received, if any, have been considered. The Negative Declaration was posted and advertised on March 30, 2010, in accordance with CEQA. The public review period was open from March 30, 2010, through April 20, 2010; c. There is no substantial evidence that the project will have a significant effect on the environment. The Negative Declaration reflects the independent judgment of the City of Santa Clarita; d. The documents and other material which constitute the record of proceedings upon which the decision of the City Council is made is the Master Case 10-023 project file located within the Community Development Department and is in the custody of the Director of Community Development; and e. The City Council, based upon the findings set forth above, hereby finds that the Negative Declaration for this project has been prepared in compliance with CEQA. SECTION 3. UNIFIED DEVELOPMENT CODE AMENDMENT FINDINGS. Based upon the foregoing facts and findings, the City Council of the City of Santa Clarita hereby find as follows: a. That the proposed zoning code amendment is consistent with the objectives of this development code, the General Plan, and development policies of the City: The Unified Development Code Amendment 10-001 is consistent with the objectives of the Unified Development Code, development policies of the City, and the General Plan including Goal 1 of the Land Use Element which seeks, "To preserve the character of the communities and the integrity of the Santa Clarita Valley by permitting orderly growth through the synchronization of development with the availability of public facilities such as roads, sewers, water service and schools needed to support it," and Policy 1.7 of the Land Use Element which seeks to "Pursue an annexation policy that brings tangible benefits to City infrastructure and provides a self supporting tax base". Further, the code amendments will enable the City to obtain additional general fund revenues from the gas tax, property tax,` vehicle license fees, and possible sales tax revenues from projects built in the City, making them more self-supporting, and will have Q the potential to get improvements to backbone infrastructure that would otherwise not be improved if the projects were built in the County. SECTION 4. This Ordinance shall be in full force and effect thirty (30) days from its passage and adoption. SECTION 5. If any section, subsection, subdivision, sentence, clause, phrase, or 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 6. The City Clerk shall certify as to the adoption of this Ordinance and shall cause a summary thereof to be published within fifteen (15) days of the adoption, including the vote for and against the same, in accordance with Government Code § 36933. PASSED, APPROVED AND ADOPTED this 8th day of June, 2010. ATTEST: CITY CLERK 0 MAYOR C 1 1 1 STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES ) ss. CITY OF SANTA CLARITA ) I, Sarah P. Gorman, City Clerk of the City of Santa Clarita, do hereby certify that the foregoing Ordinance No. 10-6 was regularly introduced and placed upon its first reading at a regular meeting of the City Council on the 25th day of May, 2010. That thereafter, said Ordinance was duly passed and adopted at a regular meeting of the City Council on the 8th day of June, 2010, by the following vote, to wit: AYES: COUNCILMEMBERS NOES: COUNCILMEMBERS ABSENT: COUNCILMEMBERS: Kellar, McLean, Ferry, Ender, Weste None None AND I FURTHER CERTIFY that the foregoing is the original of Ordinance No. 10-6 and was published in The Signal newspaper in accordance with State Law (G.C. 40806). 5 CITY CLERK Dated STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES ) ss. CITY OF SANTA CLARITA ) CERTIFICATION OF CITY COUNCIL ORDINANCE 1, , City Clerk of the City of Santa Clarita, do hereby certify that this is a true and correct copy of the original Ordinance No. 10-6, adopted by the City Council of the City of Santa Clarita, CA on June 8, 2010, which is now on file in my office. Witness my hand and seal of the City of Santa Clarita, California, this day of , 20—. City Clerk By Deputy City Clerk 1 1