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HomeMy WebLinkAboutNS-323ORDINANCE NO. NS-323 CHANGING THE CHAPTER AND SECTION NUMBERS OF THAT--~TION OF '£NJ~ SANTA ANA MUNICIPAL CODE NOW DESIGNATED CHAPTER I OF ARTICLE IX AND ADOPTING MASTER PLAN PROVISIONS AS CHAPTER I OF ARTICLE IX OF SAID CODE ~, heretofore the ZONING amd SETBACK LINES provisions of the Santa Ann Municipal Code have been contained in Chapter 1 of Article IX of said Code, under Section numbers beginning with 9100 a~ d ending with 9158 of said Code, and ~BEA~, in ~he interest of logicalorder it has been deter- mined that Article IX of ssi d Code - PLANNING and ZONING - should include as Chapter 1 the MASTER PLAN provisions, as Chapter 2 the ZONING and SETBACK provisions, as Chapter 3 the SUBDIVISION REGU- LATIONS, and that other conservation and planning elements should follow said Cha~ter 3 in order, as the same will be adopted, and in order to aoooerplish this logical arrangement it has been found necessary to re~,mber all of the Sections and Section referendes contained in said Chqv ter 1 of Article IX of the Santa Ann Municipal Code to designate for each of them a 3ection number betwee~ 9200 and 9300, without changing the substance of any of the wording im any portion of those provisions now contained in said Chapter 1 excepting the numbers designated for said Sections and the Section references comtained in the text thereof. NOW, ~EREFORE, THE CITY COUNCIL OF THE CITY OF SANTA ANA DOES ORDAIN AS FOLLOWS: SECTION 1. That the subheading under Article IX - PLANNING AND ZONING - which now reads ~CHAPTER X - ZONING" is hereby amended to read, "CHAPTER 2 -'ZONING". SECTION 2. That all of the Section numbers beginning with SECTION 9100 and ending with SECTION 9158, any Section number in any of the sections said number is now withi~ the 9100 series, and each reference to in said Chapter, which is hereby changed, amended, and redesigmated as a Bection number in the 9200 series so that each of said numbers shall begin with the digits 92, instead of 91, and that all subsequent digits after said first two numbers in any Section number or reference to any Section by number shall remain unchanged; that the sole purpose of this change and redesig- nation is to place the ZONING and SE?BACK LINES provisions in Chapter 2 of Article IX, to make the 9100 series Section numbers available for the MASTER PLAN provisions, to afford a more logical numbering sequence and arrangement of the provisions of Article IX of the Santa Ana Municipal Code, and all of the provisions of said renumbered or redesignated Sections are hereby declared to be tinuous in force without any amendment, modification, crt alteration from the date of the last adoption of the same prior to the effective date of this Ordinance. SECTION 3. That the provisions and Sections next hereinbelow set out are hereby adopted as a declaration of intent, and as Chapter 1 of A~ticle IX of the Santa Aha Municipal Code, and said Santa Ana Municipal Code is hereby amended by adding a new title for said Article, a declaration of intent, and a new Chapter 1, in words and figures as follows: " ARTICLE IX CONSERVATION AND PLANNING Declaration of Intent: The Council declares that each of the provisions contained in Article IX shall be deemed to be, and is hereby declared to be, a part of the Master Plan of the City. It shall be the responsibility of all officers of the City to promote public interest in and understanding of the Master Plan and regulations relating to it. CHAPTER 1 - MASTER AND PRECISE PLANS SECTION 9100. Purpose. The purpose of this chapter is to authorize the preparation and define the scope, method of adoption, administration, and precise plan sta~e of a General Land Use Guide. This guide will be referred to as the Master Plan, providing a balanced, attrac- tive, general design best suited to present and future require- ments of the City. PART 1. - AUTHORIZATION FOR AND SCOPE OF T~E MASTER PLAN SECTION 9111. Authorization. The Planning Commission shall be responsible for the preparation and maintenance of a Comprehensive Master Plan for -2- the development of the City amd its environs. T~e Planning Department shall make such studies, reports, analyses, and pro- vide such other similar materials as may be x~quired for the preparation and maintenance of the Master Plm~ and shall make reccmnnendations concerning the interpretation of such material and the application of good planning p~ocedures. SECTION 9112. Scope. The Master Plan shall consist of a map with a descriptive statement of objectives, l~inciples and standards used for its development; end the following elements: SECTION 9112.1. Circulation Element. The Circulation Element consisting of the general location aud extent of existing and proposed major thorough*ares, trans- portation routes, terminals, special studies, recommendations concerning parking facilities and building setback lines amd the delineation of such systems on the land; and such other matters as may be related to the improvement of the circulation of traffic. SECTION 9112.2. Community Design Element. A Community Design Element consisting of standards and principles govex~ing the subdivision of land as p~ovided ~u the Subdivision Map Act md shewing rec~ended designs for commu~ityand neighborhood development and redevelopment, in- cluding sites for churches, schools, parks, pl~grounds amd other uses. SECTION 9112.3. Land Use Element. A Land Use Element consisting of the general distribution, location and extent of the uses of lend for housing, industry, business, recreation, education, public buildings and grounds and other categories of public s~d private uses of land. ~ECTION 9112.4. Public Services Element. A ~ablic Services m~d Facilities Element consisting of or showing general plans for sewerage, refuse disposal, drainage and local utilities and the rights-of-way, easements and facil- ities required therefor. ~ECTION 9112.5. Population Element. A statement of the standards of population density a~d Building intensity recommended for the various districts a~d other territorial units, and estimates of future population g~owth in the territory covered by the plan, correlated with the land-use element of the plan. SECTION 9112.6. Additional Elements. The Master Plan may include any Additional Elements deemed by the Commission or 0ouncil to be necessary for the physical development of the City and its environs. SECTION 9113. Maps amd Reports. All elements shall include supporting msps, diagrams, charts, description or reports. SECTION 9114. Coordination with Other Public Agencies. The Master Plan for the City shall be coordinated with similar plams for adjacent areas. Du~ing the formulation of the Master Plan, t he Planning Commission shall inform and, as necessax~y, eor~er amd cooperate with such school boards, mun- icipal departments, o r other governmental agencies as may have Jurisdiction over the territory or facilities for which plams are being made to the end that maximum coordination of plans may be secured and properly located sites for all public pur- poses may be indicated on the Master Pla~. ~ECTION 9115. Extra-territorial P~ocedure. ·henever the Plannimg Commission has adopted a Master Plan or any section or unit covering any lmad outside the City's boundaries, a certified copy of such plan, section, or u~it shall be filed with the Planning Commission of the County or City, the land of which is included in such plan. PART 2. PROCEDURE FOR ADOPTION AND ~EVISION SECTION 912.1. Adoption by Planning Comzmission. ~tme Planning Commission may adopt all ormay part of a Master Plan for all or any part of the City and peripheral area, in accordance with the following provisions of this part. SECTION 9121.1. Public Hearing. Before adopting all or any part of the Master Plan, the Planning Cow,~issiom shall hold at least two public heari~gs. Before adopting may ~ endmsnt ~o the Master Plan, the Cow,~s~ on shall hold at ~ast one public hearimge SECTION 9121.2. Notice of Hearing. Notice of the time and place of the hearings shall be given byat least one publication in a newspaper of general circulation in t he City at least ten days prior to each hear- ing. SECTION 9121.3. Method of Adoption. T~e adoption of a Master Plan or any amendment, addition or extension thereof shall be by resolution of the Commission, carried by the affirmative votes of not less than 2/3 of the total voting members. The resolution shall refer expressly to maps and other descriptive matter intended by the Commission to constitute the plan, amendment, addition or extension there- of. The action shall be recorded on the map, plan, and des- criptive matter by the authorized signatures of the Commis~on, and of such other officials as the Commis~on may designate. SECTION 9121.4. Amendment Procedure. ~hen changed conditions or further studies by the Planning Department or Planning Commission require, the Comnissionmay amend, extend, or add to all or part of the Master Plan, in the manner provided im this Part for its adoption. SECTION 9121.5. Certification. A copy of any part, amendment, extension of, or addition to the Master Plan adopted by the Planning Commis~ on shall be certified to the Councils SECTION 9122. Adoption by Council. The adoption of the Master Plan, or any amendment, extension or addition thereto, as certified by the Planning Commissiom, shall be by rev lution of the Council. SECTION 9122.1. Public Hearing. Before adopting all or any part of, or amendment or addi- tion to the Master Plan, the Council shall hold at least one public hearing° SECTION 9122.2. Notice of Public Hearing. Same as Section 9121.2 of this Chapter I. SECTION 9122.3. Review Procedure. In adopting all or any par~ of, mnend~ent or addition to, the Master Plan adopted by the Planning Cow~ission, the Council shall make no change or ad~tion until such proposed change or addition has been referred to the Planning Commission for a re- port and a copy of the report has been filed with the Council. Failure of the Planning Commission to report within 40 days after such referral, or such longer period as may be designated by the Council, shall be deemed to be approval of the proposed change or addition. SECTION 9122.4. Revisions Initiated by the Council. Whenever the Council deems such action to be in the public interest it may initiate a change or addition to all or any part of the adopted Master Plan. SECTION 9122.5. Referral to the Plmning 0ommission for a Report. The Council shall first refer the proposed change or addi- tion to the Planning Commission for a report. Before making a report, the planning 0ommission shall hold at least one hearing on the proposed change or addition. It shall give notice of any such hearing pursuant to the procedure prescribed by this Par~ for the amendment of the Master Plan by the Planning Comm- ission. Failure of the Planning Commission to report to the Council on such proposed change or addition, within 90 days after referral, or such longer period as ma~ be designated by the Council, shall be deemed to be approval of the proposed change or addition by t~e Planning Commission. SECTION 9122.6. Council Action on Planning Commission Report. After the receipt of such report, the Council shall hold at least one public hearing on the proposed change or addition. Notice shall be given, as set forth in Section 9121.2 of this Chapter. PART 3. OPERATIONAL PROCEDURES OF THE MASTER PLAN. SECTION 9131. Annual Report on the M~ter Plan. After the adoption of all or part of the Master Plan by the Planning Commission, the Commis~on shall render an annual report to the Council on the status of the Plan and progress in its application. SECTION 9132. Authorization f or Entrance on Private Lands. In the performance of their functions, each member of the Planning Commission or Planning Department, may enter upon any land and make examinations and surveys; provided, that such entries, examination and surveys do not interfere with the use of the land by those persons ]awfully entitled to the possession thereof. SECTION 9133. Acquisition and Abandonment of Land, and Con- struction of Public Buildings. After the adoption of all or any portion of the Master Plan, before the acquisition of p~operty by dedication or other procedures for use as a street, square, park or other public use, or the disposal of, el osing or abandonment of any public property, or the construction or authorization of any public building, in the area to which that portion of the Master Plaa applies, its location, purpose and extent shall first be sub- mitred to, reviewed, and reported upon by the Planning Commis- sion as to compliance with that portion of the adopted Master Plane SECTION 9133.1. Program Review Procedure. The Planning Commission shall submit to the Council a report advising them of the compliance of proposed public im- provements with the Master Plan. Failure by the Commission to report within 40 days after the date of submission shall be deemed approval. PART 4. PRECISE PLANS AND REGULATIONS. SECTION 9141. Authority for the Preparation of Precise Plans. The Planning Department may, or if so directed by the Planning Commission or the Council shall, prepare precise plans and regulations based on the Master Plan and drafts of such regulations, programs md legislation as may be required for the systematic execution of the Master Plan. SECTION 9142. Scope. The precise plans or regulations may include any or all of the following: SECTION 9142.1 Land Use, Building and Space Requirements. Regulations relative to ~he use of land and buildings, the division of land, the height and bulk of buildings and the open spaces about buildings. SEOTION 9142.2. Lecation of Buildings with Respect to Right-of-Way Plans or regulations rela~ve to the location of buildings and other improvements with respect to existing or planned right- of way. SECTION 91~2.3. Public ~ays Plans or regulations relative to the location and improve- mant of existing or planned public ways. SECTION 9142.4. Street Naming and Numbering. A system of street and highway naming and numbering. -6- SEOTION 9143. Consideration of Precise Plans and Regulations by Planning Commission. The Planning Commission shall review and consider the plans and ~egulations prepared by the Planning Department and may mod- ify or revise such plans and regulations before trsa smitting their recommendations to the Council. SECTION 91~. Procedure of Adoption by Commission. Before recommending a precise plan, ~egulation or mmend- ment to the Council for adoption, the Planning Com~1ssion shall hold at least one public hearing. SECTION 9~1~1~,1. Notice. Notice of time and place of the hearing shall be given by at least one publication in a newspaper of general circula- tion in the City, at least 10 days prior to the hearing, amd by such other means as the Commission deems necessary. SECTION 9144.2. Adoption and Submission to the Council. The recommendations of any precise plan or regulation, or any amendment to it, shall be by resolution of the Commission, carried by the affirmative votes of not less than 2/3 of its total voting members. A copy of such recommendations shall be submitted to the Council and shal 1 be accompanied by a report of findings, s,,mmaries of hearings, and recommendations of the Planning Commission. SECTION 914~. Method of Adoption by the Council. Upon receipt of a copy of any proposed precise plan or regulation based upon the Master Plan or amendment of ~uch plan or regulation, the Council may by Ordinance or Resolution, adopt the plan or regulation. Before adopting the proposed precise plan o~ regulation, the Council shal 1 hold at least one public hearing, after notice as prescribed in Section 9121.2 of this Chapter. SECTION 9145.1. Changes in Planning Commission Recommendations. The Council shall not make any change In any proposed precise plan, regulation or amendment recommended by the Plan- ning Commissionuntil the proposed change has been referred to the Planning Commission for a report. SECTION 9146. Initiation of Precise Plan or Regulations by the Council. The Council ~.y initiate an Ordinance or Resolution es- ta.blishing any precise plan or regulation specified in Section 9142.1 through 9142.4. SECTION 9146.1. Reference to the Planning Commission. The Council shall first refer in written form such pro- ~osal to establish a precise plan or regulation to the Planning ommission. Before making a report, the Commission shall nO±~ one public hearing on notice as prescribed in this Part 4. Failure of the Plarming Commission to repor~ within ~0 days after referral or a longer period as may be designated by the Council, shall be deemed to be approval of the proposed change. -7- SECTION 9147. Responsibility for the Adz inistration of Precise Plans and Regulations. The responsibility and authority for the enforcement of the provisions of precise plans and regulations shall be as follows: SECTION 9147.1. Maps and Plans. The Planning Department shall be responsible for prepar- ing and maintaining for public inspection all maps, precise plans, regulations and other records adopted by Resolution er Ordinance, related to this Chapter. The maps and precise plans shall be of such scale as will permit the showing thereon all dimensions and other data necessary to show the requirements imposed by the adoption of such plan or plans. SECTION 9147.2, Issuance of Licenses, Permits, Etc. No officer or employee of the City having the responsibility and authority for the issuance of licenses or permits, and no officer or official body having the responsibility or authority to pass upon plans or specifications for private or public projects, shall issue any such license or permit, nor approve any project plan, or specification, which does not conform to all pertinent and previously adopted precise plans or regulations. SECTION 9147.3. Tract Maps and Records of Surveys. The Planning Department is hereby designated as the advis- ory agency with respect to the approval of Tentative Tract Maps and Preliminary Records of Survey, and the Department of Public Works as the advisory agency with respect to the approval of all final Tract Maps and Records of Survey. SECTION 9147.4. Regulation of Street and Sewer Improvements. Street improvements may be made and sewers, connections and other improvements may be installed in any street for which the Council has adopted a precise street or highway plan, pro- vided that the following conditions prevail: The street has been accepted or dedicated and has legal status prior to adoption of the precise street or highway plan. 2. The improvements correspond with streets shown on the precise street or highway plan. 5 The improvements correspond with streets, highways and freeways shown on a subdivision map or Record of Survey, approved by the Council. Street improvements which do not meet these requirements shall be referred to the Planning Commission for a report and a copy of the report filed with the Council. Failure of the Commission to report on the matter within 40 days after referral, or such longer period designated by the Council, shall be deemed to be approval of such matter." -8- PA~SED AND ADOPTED by the City Council of the City of Smta Aha at ATTEST: its regular m~eting held on the 2nd day of June ,., 1958. STATE OF CALIFORNIA ) COUNTY OF ORANGE ) SS CITY OF SANTA gA ) I, ERMA HUBT=dt, do hereby certify that I a~ the Clerk of the Council of the City of Sa~ ta Ama, California; that the foregoing 0rdinanee was regularly int~duced at the regular meeting of said Council held on the ~..th day of Ma~ , 1958, and was again considered by said Council at its regular meeting of said Council held on the _2nd . day of June .., 1958, and was at said meet- ing regularly passed ~d adopted by said Council by the following vote, to-wit: A~ES, COUNCII~N= Royal E. Hubbard, Stanley C. Gould~ Jr., A. A. Hall~ J. Ogden Markel~ Dale H. Heinly NOES, COUNCILMEN: None ABSENT, COUNCILMEN: None CLEPJi'~'~0F THE O0~OI~ -9-