Chapter 17.01
ADMINISTRATION
Sections:
17.01.010 Scope.
17.01.020 Purpose.
17.01.030 Private Agreements.
17.01.040 Repeal of Conflicting Development Codes.
17.01.050 Interpretation of Language.
17.01.060 Similar Use Determination.
17.01.070 General Plan Consistency.
17.01.080 Enforcement.
17.01.090 Development Applications.
17.01.100 Public Hearings and Notifications.
17.01.110 Action by the Director.
17.01.120 Action by the Planning Commission.
17.01.130 Action by the City Council.
17.01.135 Appeals.
17.01.140 Revocation or Modification of a Permit or Other Entitlement for Cause.
17.01.150 Automatic Revocation of a Permit or Other Entitlement.
17.01.160 Expiration and Extension.
17.01.170 Expansions of Conditionally Permitted Uses and Structures.
17.01.010 Scope.
A. Title. This title shall be known as the “City of Santa Clarita Unified Development Code,” and may be referred to as the “development code” or “code.”
B. Authority. This development code is adopted under the authority granted to the City of Santa Clarita by the California Government Code Sections 65800 et seq. and 66410 et seq.
C. Chapter. This chapter sets forth all of the procedures for the administration of zoning, subdivision and grading. It provides for the procedures for the review and approval of all development applications including but not limited to applications for construction, grading, division of land, amendments to the unified development code, variances, conditional use permits and pre-existing legal uses and structures.
17.01.020 Purpose.
It is the purpose of this development code to establish standards and guidelines in order to promote and protect the public health, safety and general welfare of the people of the City of Santa Clarita; and more particularly:
A. To implement the goals and objectives of the General Plan and to guide and manage the future growth of the City in accordance with such a plan;
B. To safeguard and enhance the appearance and quality of development of the City of Santa Clarita;
C. To regulate and control the design and improvement of subdivisions which require a tentative and final map, parcel map, or parcel map waiver;
D. To attain the physical, social and economic advantages resulting from comprehensive and orderly land use and resource planning;
E. To reduce hazards to the public resulting from the inappropriate location, use or design of buildings and other improvements;
F. To provide an efficient and concise guide for the development of land within the City of Santa Clarita;
G. To set forth the procedures, rules and standards for the control of grading, excavation and earthwork;
H. To encourage orderly community development by providing for the regulation and control of the design and improvement of subdivisions, with proper consideration to adjoining areas;
I. To ensure that the areas within subdivisions that are dedicated for public purposes will be properly improved by the subdivider so that they will not become a burden upon the community;
J. To protect the public from fraud and exploitation.
17.01.030 Private Agreements.
The provisions of this development code are not intended to abrogate any easements, covenants, conditions and restrictions or other existing agreements which are more restrictive than the provisions of this development code.
17.01.040 Repeal of Conflicting Development Codes.
Whenever the provisions of this development code are more restrictive upon construction or use of buildings or structures or upon the use of lands or premises than required by other previously adopted development codes, the provisions, regulations and rules of this development code shall govern.
17.01.050 Interpretation of Language.
In the event that this development code requires interpretation, the Director of Community Development shall make the interpretation or may refer the matter to the Planning Commission for action. The Planning Commission shall make the interpretation or may refer the matter to the City Council for final action. (Ord. 01-5, 2/27/01; Ord. 05-1 § 2, 1/25/05; Ord. 05-19 § 2, 12/13/05)
17.01.060 Similar Use Determination.
The Director of Community Development may determine that a use not listed within this code is similar to a listed use and process the proposal as the similar use would be processed. (Ord. 01-5, 2/27/01; Ord. 05-1 § 2, 1/25/05; Ord. 05-19 § 2, 12/13/05)
17.01.070 General Plan Consistency.
In the event of inconsistency of this title with the goals, policies and dictates of the adopted General Plan and its elements, the General Plan goals, policies and dictates shall govern.
17.01.080 Enforcement.
A. General Prohibition.
1. No structure shall be moved into an area, erected, reconstructed, added to, enlarged, advertised on, structurally altered or maintained, and no structure or land shall be used for any purpose, except as specifically provided and allowed by this development code.
2. No person shall use or permit to be used any structure, or land, nor shall any person erect, structurally alter or enlarge any structure, or advertise on any structure, except in accordance with the provisions of this development code.
3. No permit or entitlement may be issued or renewed for any use, construction, improvement or other purpose unless specifically provided for, or permitted by, this development code.
B. Violations.
1. Every person violating any provision either of this development code, or any permit, variance, or amendment thereto, is guilty of a misdemeanor, unless such violation is otherwise declared to be an infraction in subsection (D) of this section. Each violation is a separate offense for each and every day during any portion of which the violation is committed.
2. Each violation determined to be an infraction by this development code shall be punishable by a fine of one hundred dollars ($100.00) for the first violation. Subsequent violations of the same provision of this title shall be punishable by a fine of two hundred dollars ($200.00) for the second violation and five hundred dollars ($500.00) for the third violation in a twelve (12) month period as provided by applicable law. The fourth and any further violations of this title within a twelve (12) month period shall be deemed misdemeanors. Each misdemeanor is punishable by a maximum fine of one thousand dollars ($1,000) or six (6) months in jail, or both.
C. Public Nuisance. Any use of property contrary to the provisions of this title is illegal and is deemed to be a public nuisance and the authorized legal representative of the City may commence actions and proceedings for the abatement thereof, in the manner provided by law, and may take such other steps and may apply to any court having jurisdiction to grant such relief as will abate or remove such use and restrain and enjoin any person from using any property contrary to the provisions of this title.
D. Infractions. Violations of the provisions contained in the following list are deemed infractions:
1. Automobile, truck, or other motor vehicle repair conducted outside of an enclosed building.
2. Commercial vehicles parked or stored in violation of Section 17.18.150.
3. Inoperative vehicle parking or storage.
4. Outside display and or sales in violation of Section 17.15.040(D).
5. Signs prohibited by Section 17.19.240.
6. Vehicles kept on residential lots, in violation of Section 17.15.020(A)(2).
E. Injunction. The provisions of this title may also be enforced by injunction issued by any court having jurisdiction upon the suit of the owner or occupant of any real property affected by such violation or prospective violation.
F. Enforcement. The Director of Community Development Community Preservation Officer, or any representative thereof designated by the Director, is hereby authorized to arrest any person without a warrant whenever the Director or his representative has reasonable cause to believe that the person to be arrested has committed a misdemeanor in his or her presence. (Ord. 99-4, 5/11/99; Ord. 01-5, 2/27/01; Ord. 05-1 § 2, 1/25/05; Ord. 05-19 § 2, 12/13/05)
17.01.090 Development Applications.
A. Scope. All applications for development reviews, minor use permits, variances, conditional use permits, tentative subdivision maps, final subdivision maps, grading permits or other entitlements shall comply with all applicable procedures of this section.
B. Application Fees and Deposits. Concurrent with the submittal of an application for development, a fee and/or deposit shall be made, in the amount determined by City Council resolution, to cover the costs incurred in the processing of the application. In no case shall the development application be set for hearing or final action until such time as any balance due is paid in full.
C. Complete Applications. Any application for a permit or entitlement must be accepted as complete for processing by the Director of Community Development in order to initiate the official review process. Standard minimum submittal requirements shall be established by the Director. The Director may request additional information specific to the permit or entitlement necessary for the complete analysis of an application. All required material, information and fees shall be provided by the applicant before the application is deemed complete for processing.
D. Incomplete Applications. In the event an application is determined to be incomplete, written notice shall be provided to the applicant specifying the information and/or plans necessary to make the application complete within thirty (30) calendar days after the receipt of the application. The applicant must supply the requested plans and/or information within sixty (60) calendar days of the notice of incomplete filing or an extended time as may be granted by the Director. Request for time extensions shall be made in writing by the applicant.
In the event that required information is not provided by the applicant within the time limits specified by this section, the City shall deem the application withdrawn or deny the permit or entitlement for the project. Information whose absence would constitute a reason for such withdrawal or denial are:
1. Information which is to be supplied by the applicant and is necessary to prepare a legally adequate environmental document; or
2. Information without which the City’s decision to approve a project would not be supported by substantial evidence; or
3. Information which was specified for application submittal; or
4. Falsification or misrepresentation of any documentation.
Denial for the above reasons may be deemed by the City to be a denial without prejudice to the applicant’s right to reapply for the same permit.
E. Environmental Review. All applications for development which are subject to the California Environmental Quality Act and City adopted guidelines shall be required to submit a completed Initial Study Part A form as part of the application. The Director may request additional information or studies of the applicant in order to make an environmental determination. (Ord. 01-5, 2/27/01; Ord. 05-1 § 2, 1/25/05; Ord. 05-19 § 2, 12/13/05)
17.01.100 Public Hearings and Notifications.
A. Reserved.
B. Administrative Hearings. The approving authority shall hold an administrative hearing on administrative variances. The administrative hearing shall be noticed in accordance with the requirements set forth in this code.
C. Supplemental Notice Requirement.
1. Additional public notification beyond the required one thousand (1,000) foot radius around a property may be required for a development related project as determined by the Director of Community Development in any one of the following circumstances:
a. A proposed wireless telecommunication facility in a residential zone; or
b. A hillside development proposal requiring hillside development review for significant ridgelines; or
c. Nightclubs, cabarets and bars with alcoholic beverages and/or entertainment adjacent to a residential zone.
2. The boundaries of the supplemental noticing requirement shall be a one thousand (1,000) foot radius around the subject property.
3. If it is determined upon initial submittal that supplemental noticing is necessary, the applicant shall be notified within thirty (30) days of the expanded notification area to be included in the mailings. The applicant shall be required to submit three (3) sets of address labels with the property owners whose name appear on the latest adopted tax roll of Los Angeles County, envelopes and stamps. The application shall not be deemed complete until the labels have been submitted.
4. In the case of public notifications that identify more than one thousand (1,000) property owners to be noticed by mail, the Director of Community Development may require that a larger advertisement (minimum one-eighth (1/8) page) be placed in the newspaper of general circulation in lieu of the public mailing.
5. The City Council and the Planning Commission shall be included in the notification for any application of a minor use permit or conditional use permit.
D. Setting of the Hearing. The Director or Director’s designee, in the case of the Director or Planning Commission, and the City Clerk, in the case of the City Council, shall set the time and place of the public hearing as required by law and this code. The approving authority at the time of the public hearing may continue the time and/or place of the public hearing.
1. Notice of Minor Use Permits, Adjustments, and Administrative Sign Variances. In the case of minor use permits (Sections 17.03.040 and 17.03.045), adjustments (Section 17.03.050) and administrative sign variances (Section 17.19.060), the Director shall provide a written notice of the request, the date when the action is to be taken, and a request for written comments for or against the request, a minimum of fifteen (15) days prior to the date when action is to be taken. The notice shall be mailed to adjacent and directly across-the-street property owners whose names appear on the latest adopted tax roll of Los Angeles County. If the project site is located within a commercial or industrial center, all tenants within the center shall also be mailed the notice. If written comments in opposition to the proposed minor use permit, adjustment or administrative sign hearing are received within the fifteen (15) day notification period, a public hearing before the Planning Commission shall be scheduled. A public hearing shall not be required if the commenting party withdraws his/her opposition, in writing, prior to noticing of the public hearing. If the item is required to be heard before the Planning Commission, the notice shall be in accordance with subsection (D)(2) of this section.
a. In the case of minor use permits for alcohol sales, notification shall be a two hundred fifty (250) foot radius around the subject property for a minimum of fifteen (15) days prior to the date when action is to be taken. All other notification requirements prescribed in this section shall apply.
b. In the case of minor use permits for haul routes, no notification shall be required.
2. Notice of Applications Requiring a Public Hearing. In the case of master plans (Section 17.03.025), conditional use permits (Sections 17.03.040 and 17.03.045), tentative subdivision maps (Section 17.03.030), variances (Section 17.03.050) and other types of applications requiring a public hearing, with the exception of those listed in subsection (D)(2)(a) of this section, notice of a public hearing shall be given not less than twenty-one (21) days prior to the date of the hearing by publication in a newspaper of general circulation published in the City of Santa Clarita. When the hearing concerns matters other than an amendment to the text of this development code and/or affects the permitted uses of real property, notices of public hearings before the Planning Commission or City Council shall be mailed, not less than twenty-one (21) days prior to the hearing, to all persons whose names appear on the latest adopted tax roll of Los Angeles County as owning property within one thousand (1,000) feet of the exterior boundaries of the property that is the subject of the hearing. A four (4) foot by eight (8) foot notice shall also be posted on the property in accordance with the “Procedures for Project Site Sign Posting,” on file in the Department of Community Development.
a. General Plan amendments and prezone applications, when associated with an annexation, shall provide public notice consistent with subsection (D)(2) of this section with the exception of posting notice on the property. (Ord. 01-5, 2/27/01; Ord. 02-5, 4/23/02; Ord. 05-1 § 2, 1/25/05; Ord. 05-19 § 2, 12/13/05; Ord. 07-1 § 2, 1/23/07; Ord. 08-13 § 2, 8/26/08)
17.01.110 Action by the Director.
Prior to action on an application subject to Director review and approval, the Director shall consider all written comments of the adjacent property owners, the applicant and any interested parties. Action of the Director shall be made by a letter of approval citing the findings and the substantiation of the findings as required by this code. Action of the Director is final after fifteen (15) calendar days, unless appealed in writing to the Planning Commission within said period. The appeal shall be filed in writing stating the basis for the appeal with the Community Development Department. (Ord. 01-5, 2/27/01; Ord. 05-1 § 2, 1/25/05; Ord. 05-19 § 2, 12/13/05)
17.01.120 Action by the Planning Commission.
Prior to the public hearing on a permit and/or application, the Director of Community Development shall prepare a written report thereon and submit the report to the Planning Commission. The report shall be made available to the applicant at least three (3) calendar days prior to the hearing. The Planning Commission shall review and consider the Director’s report, comments from the applicant and the public. Action of the Planning Commission shall be made through the adoption of a resolution with appropriate findings to the particular permit and/or entitlement. Action of the Planning Commission is final after fifteen (15) calendar days unless:
A. An appeal is filed in writing stating the basis for the appeal with the City Clerk within said period; or
B. The application is for a prezone, zone change, specific plan, master plan, General Plan amendment, or development code amendment.
In either case, the application shall be scheduled for City Council action. (Ord. 01-5, 2/27/01; Ord. 05-1 § 2, 1/25/05; Ord. 05-19 § 2, 12/13/05)
17.01.130 Action by the City Council.
The Director of Community Development shall prepare a report of the action of the Planning Commission on applications for prezones, zone changes, master plans, specific plans, General Plan amendments, development code amendments, and appeals of Planning Commission actions. The report shall be made available to the applicant at least three (3) calendar days prior to the hearing. The City Council shall review and consider the Planning Commission’s recommendation, comments by the applicant and the public. The Council shall act to approve, conditionally approve or deny the application or appeal and make the appropriate findings detailed in this code. All actions of the City Council are final. (Ord. 01-5, 2/27/01; Ord. 05-1 § 2, 1/25/05; Ord. 05-19 § 2, 12/13/05)
17.01.135 Appeals.
An appellant may submit a written request to withdraw their appeal any time up to fourteen (14) days prior to the public hearing scheduled for the appeal, in which case the appeal shall not move forward and the decision that was the subject of the appeal shall be the final decision. If an appeal is not withdrawn by the close of business on the fourteenth day prior to the scheduled appeal hearing, the hearing shall be conducted by the reviewing body. (Ord. 08-13 § 2, 8/26/08)
17.01.140 Revocation or Modification of a Permit or Other Entitlement for Cause.
A permit or entitlement other than a subdivision may be revoked or modified by the approving authority for cause as provided by the provisions of this section. For purposes of this section, the modification of a permit or entitlement may include the modification of the terms of the permit or entitlement itself or the waiver, alteration, or imposition of new conditions.
A. Application Where Violation Exists. No application for any permit required pursuant to Chapter 17.03 shall be accepted for processing or approved on a parcel of land where a land use and/or structure is operating or being maintained that is nonconforming, or is in violation of any applicable land use standard as established by the City, or conditions of approval or mitigation measures of a land use permit, except where the application for a permit incorporates measures to correct the violation, and the correction will occur prior to the establishment of any new proposed use or structure.
B. Grounds for Revocation or Modification. A permit or entitlement may be revoked or modified by the approving authority pursuant to the provisions of this section upon a finding of any one or more of the following grounds:
1. That such permit or application was obtained or extended by fraud.
2. That one or more of the conditions upon which such permit or application entitlement was granted have been violated.
3. That the use for which the permit or entitlement was granted is so conducted as to be detrimental to the public health or safety, or as to be a nuisance.
4. That construction or development on the subject property is not in conformance with the permit or entitlement approval or other applicable requirements.
C. Notification. The Director shall notify the permittee or owner of the entitlement of the action in the same manner as specified in the building code for revocation of a building permit, or by written notice to the permittee or owner of the entitlement as shown on the latest assessment roll or as indicated by later information available to the Director.
D. Appeal. Revocation or modification of a permit or entitlement may be appealed as set forth in Sections 17.01.110 and 17.01.120. (Ord. 07-1 § 2, 1/23/07)
17.01.150 Automatic Revocation of a Permit or Other Entitlement.
Upon final judgment of a court of competent jurisdiction declaring one or more of such conditions to be void or ineffective, or enjoining or otherwise prohibiting the enforcement or operation of one or more conditions of approval, the permit or entitlement shall cease to be valid.
17.01.160 Expiration and Extension.
A. Approvals and Extensions. Any approval of a permit or entitlement, except for development reviews which shall expire within one calendar year of such approval, shall expire within two (2) calendar years of such approval except where construction or use of the property in reliance on an approved permit or entitlement has commenced prior to its expiration. If construction and use of the property in reliance on an approved permit or entitlement has not commenced within two (2) years, the period may be extended by the Director for up to one additional year if a written request for a time extension is submitted to the Director of Community Development within sixty (60) days prior to the expiration date. Permits and entitlements may be granted only one time extension.
B. Multiple Entitlements. In instances where a single development project includes multiple entitlements considered and approved concurrently, the expiration of each entitlement shall be equal to that of the entitlement which possesses the longest period of approval, including time extensions. (Ord. 01-5, 2/27/01; Ord. 05-1 § 2, 1/25/05; Ord. 05-19 § 2, 12/13/05)
17.01.170 Expansions of Conditionally Permitted Uses and Structures.
All expansions of conditionally permitted uses or structures, including accessory uses and structures, are subject to the following requirements:
A. A cumulative expansion of ten (10) percent or less of approved building area or approved site area for such use shall be permitted by right. Such expansions shall be determined by the Director to be in substantial conformance with the conditionally permitted use. Expansions may be subject to development review to the satisfaction of the Director of Community Development.
B. A cumulative expansion of ten (10) percent to fifty (50) percent of approved building area or approved site area for such use shall be subject to a minor use permit.
C. A cumulative expansion greater than fifty (50) percent of approved building area or approved site area for such use shall be subject to the approval of a conditional use permit. (Ord. 05-1 § 2, 1/25/05)