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and all articles and sections within it, is hereby repealed, and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:
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ORDINANCE NS-2144
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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
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ORDINANCE NS-2144
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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
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ORDINANCE NS-2144
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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.
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ORDINANCE NS-2144
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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
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ORDINANCE NS-2144
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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