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HomeMy WebLinkAboutNS-2144 - Adopting Revised Chapter 27 of the Santa Ana Municipal Code to Provide Procedures for Adoption and Amendment... 051 REL: 8/2/91 ORDINANCE NO. NS- 2144 r AN ORDINANCE OF THE CITY OF SANTA ANA ADOPTING REVISED CHAPTER 27 OF THE SANTA ANA MUNICIPAL CODE TO PROVIDE PROCEDURES FOR THE ADOPTION AND AMENDMENT OF THE GENERAL PLAN AND SPECIFIC PLANS AND TO SPECIFY CERTAIN RESPONSIBILITIES RE- GARDING THE IMPLEMENTATION OF SUCH PLANS THE CITY COUNCIL OF THE CITY OF SANTA ANA DOES ORDAIN AS FOLLOWS: SECTION 1: That chapter 27 of the Santa Ana Municipal code, and all articles and sections within it, is hereby repealed, and the Santa Ana Municipal Code is hereby amended by adding a new chapter 27, which reads as follows: CHAPTER 27 PLANNING ARTICLE I. IN GENERAL Sec. 27-1. Purpose. The purpose of this chapter is to establish procedures for the adoption and amendment of elements of the general plan of the City of Santa Ana and for the adoption and amendment of specific plans and to specify certain responsibilities regarding the implemen- tation of such plans. Sec. 27-2. Definitions. As used in this chapter, the following terms shall have the following meanings: "Director" shall mean the Executive Director of the Planning and Building Agency of the City of Santa Ana and his or her designated representatives within the planning division. "Planning division" shall mean the planning division of the Planning and Building Agency of the City of Santa Ana. "Plan adoption or amendment" shall mean any of the following: 1 ORDINANCE NS-2144 Page 2 053 the adoption of one or more elements of the general plan, the amendment of any part or parts of the general plan, the adoption of a specific plan, or the amendment of a specific plan. "Amendment" includes alteration, repeal, deletion, and/or replacement. Sec. 27-3. Relationship to State law. (a) The provisions of Chapter 3 (commencing with section 65100) of Division 1 of Title 7 of the Government Code of the state of California, as it may from time to time be amended, shall have no application to or in the city of Santa Ana, except to the extent any such provision is either (1) applicable to or in charter ci ties, or (2) adopted by reference in this chapter. However, with Fegard to state laws which make reference to general plans or specific plans and which are applicable to or in charter cities, the general plan of the city of Santa Ana, as adopted and amended pursuant to this chapter, shall have the same force and effect within the City of Santa Ana as general plans adopted and amended pursuant to said Chapter 3 have within general law cities, and specific plans adopted pursuant to this chapter shall have the same force and effect within the City of Santa Ana as specific plans adopted and amended pursuant to said Chapter 3 have in general law cities. (b) The planning division shall be the "planning agency" of the city of Santa Ana for purposes of all State laws which make reference to a "planning agency" and which are applicable to or in the city of Santa Ana. Sec. 27-4. Relationship of specific plans to general plan. A specific plan is a plan adopted pursuant to this chapter which provides for the systematic implementation of the general plan in the City of Santa Ana or any specified part thereof. A specific plan shall be consistent with the general plan. ARTICLE II. PLAN ADOPTION AND AMENDMENT Sec. 27-11. Initiation of amendments. proposed plan adoptions and Proposed plan adoptions and amendments may be initiated by the director or by the planning commission upon their own initiative or upon instruction by the city council. A proposed amendment to the general plan may be initiated by any person who has a property 2 ~~~ ORDINANCE NS-2144 PAGE 3 055 interest in the real property which is the subject of the proposed amendment by completion of an application for such amendment on the form provided by the planning division for such purpose and by payment of such application fee as may be established by resolution of the city council. The director shall cause any duly initiated ,~ proposed plan adoption or amendment to be prepared in a form appropriate for submittal to the planning commission and shall notice a hearing by the planning commission on such proposed plan adoption or amendment in accordance with section 27-15. The director shall provide his or her recommendations to the planning commission concerning any proposed plan adoption or amendment. Sec. 27-12. Review and commission. recommendation by the planning Prior to being submitted to the city council, each proposed plan adoption or amendment shall be submitted to the planning commission for its review and recommendation. The planning commission may make such recommendations to the city council concerning the proposed plan as it deems appropriate. Before making any recommendation regarding a proposed plan adoption or amendment, the planning commission shall hold at least one public hearing, noticed in accordance with section 27-15. Sec. 27-13. Transmittal to the city Council. (a) In any case where the planning commission has recommended approval of a proposed plan adoption or amendment or in any case where the proposed plan amendment was initiated by application of a private person, the director shall cause the proposed plan adoption or amendment to be prepared in the form of a draft resolution of the city council. If the substantive provisions of the proposed plan adoption or amendment are lengthy, they may be prepared in the form of a publication which is incorporated by reference into the draft resolution. Any such publication shall be forwarded to the clerk of the council and distributed to the members of the city council prior to the date of the city council hearing on the proposed plan adoption or amendment. (b) In the case of any proposed plan amendment which was initiated by the director or by the planning commission, the proposed plan adoption or amendment transmitted to the city council shall be consistent with the recommendations of the planning commission. In the case of any proposed plan amendment which was initiated by application of a private person, the proposed plan adoption or amendment transmitted to the city council shall be consistent with the application of the private person, but the director shall set forth the recommendations of the planning commission in a report to the city council accompanying the 3 ORDINANCE NS-2144 Page 4 057 proposed plan adoption or amendment. Sec. 27-14. Action by the city council. The approval of a plan adoption or amendment shall be by resolution of the city council. Before approving a plan adoption or amendment, the council shall hold at least one public hearing, noticed in accordance with section 27-15. In approving a plan adoption or amendment, the city council may modify the proposed plan adoption or amendment, as the city council determines to be appropriate; provided, however, that any modifications which would cause the plan adoption or amendment to be outside the scope of the notice of the hearing provided for such plan adoption or amendment shall require a new hearing by the city council based on a revised notice prior to approval of the modified plan adoption or amendment. The city council may, in its discretion, refer any proposed plan adoption or amendment back to the planning commission for reconsideration. Any publication containing a plan adoption or amendment which has been incorporated by reference into a resolution which has been adopted by the city council shall be certified as approved, with the resolution number and date of adoption, by the clerk of the council, and maintained as a public record in the office of the clerk of the council. Sec. 27-15. Notice of public hearing. Notice of the time and place of a hearing by the planning commission or the city council on a proposed plan adoption or amendment shall be given by at least one publication in a newspaper of general circulation in the city at least ten calendar days prior to the date of the hearing. The director may provide such additional notice as the director may deem appropriate, and shall give such additional notice as the planning commission or the city council may direct, but the failure to provide additional notice in full accord with a direction of the planning commission or the city council shall not affect the validity of the proceedings taken by the planning commission and the city council on the subject plan adoption or amendment. ~ Sec. 27-16. Adoption of specific plan by ordinance. As an alternative to adoption by resolution, a specific plan may be adopted by ordinance, in which case the draft resolution specified in section 27-13 shall be a draft ordinance. 4 ORDINANCE NS-2144 PAGE 5 05 \} ARTICLE III. IMPLEMENTATION AND ADMINISTRATION Sec. 27-21. Implementation in general. ~ The general plan and specific plans shall be implemented in accordance with those laws of the state of California which are applicable to or in a charter city and in accordance with the Santa Ana Municipal Code, insofar as those laws and code provisions require a finding of consistency of a proposed project, activity, or entitlement with the general plan and any applicable specific plan, or otherwise provide for the implementation of a general plan and specific plans. Sec. 27-22. Maintenance of the general plan and specific plans. (~) upon the adoption by the city council of a resolution approv1ng a plan adoption or amendment, the clerk of the council shall forward to the director a certified copy of the resolution, together with any publication which has been incorporated by reference into such resolution. The director shall maintain all such resolutions and incorporated publications within the planning division in a manner that provides for reasonable inspection by the public. (b) The director shall, from time to time, cause to be prepared editions of the general plan which in~orporate all amendments approved since the previous edition 1n a single, integrated document, provided that (1) the housing element may be maintained separately from the remainder of the general plan, and (2) maps which, because of their size, cannot be included in such a document may likewise be maintained separately from the remainder of the general plan. The preparation of such documents and maps pursuant to this section shall not constitute a plan adoption or amendment requiring approval by the city council. Sec. 27-23. Entry on land by planning agency personnel. Section 65105 of California, as it may adopted. the Government Code of the from time to time be amended, state of is hereby Sec. 27-24. Standard of judicial review. section 65301.5 of the Government California, as it may from time to time adopted. Code of the be amended, State of is hereby 5 ORDINANCE NS-2144 PAGE 6 061 Sec. 27-25. Acquisition and disposal of real property and construction of buildings in the city of Santa Ana by the county of orange and by other local agencies. ~ Paragraphs (b) and (c) of section 65402 of the Government Code of the state of California, as they may from time to time be amended, are hereby adopted. paragraph (b) of said section shall not apply to acquistion or abandonment for street widening or alignment projects of a minor nature. SECTION 2: If any section, subsection, 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 of the City of Santa Ana hereby declares that it would have adopted this ordinance and each section, subsection, sentence, clause, phrase or portion thereof irrespective of the fact that anyone or more sections, subsections, sentences, clauses, phrases, or portions be declared invalid or unconstitutional. ATTEST: ADOPTED this 16th day of September 1991. CJ.'. Dan:&J::::;eJ7 Mayor ~.. Y.~ . .r- a 1ce C. Guy Clerk of the Coun ' COUNCILMEMBERS: Young Pulido Acosta Griset McGuigan Norton Richardson Ave Ave Ave Ave ~"l..yP Ayp Ayp APPROVED AS TO FORM: ~~er City Attorney 6 062 CERTIFICATE OF ORIGINALITY & PUBLICATION state of California county of Orange \, I, JANICE C. GUY, Clerk of the Council, do hereby certify the attached Ordinance NS - d)/-/"; to be the original ordinance adopted by the City Council of the city of Santa Ana on 9-/4,-1/ ; and that said ordinance was published in accordance with the Charter of the City of Santa Ana. !/f.- ~~ Clerk of the Co i:, city of Santa Ana ~~h~ Date