Loading...
HomeMy WebLinkAbout2016-04-26 - AGENDA REPORTS - URGENCY ORD URBAN CENTER ZONE (2)Agenda Item: 11 CITY OF SANTA CLARITA Q) AGENDA REPORT NEW BUSINESS 7, CITY MANAGER APPROVAL: 1 DATE: April 26, 2016 SUBJECT: AN URGENCY ORDINANCE RELATED TO RETAIL USES IN THE URBAN CENTER ZONE OF THE OLD TOWN NEWHALL SPECIFIC PLAN DEPARTMENT: Community Development PRESENTER: Joseph Montes RECOMMENDED ACTION City Council adopt an Urgency Ordinance entitled: AN URGENCY ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA CLARITA, CALIFORNIA, ESTABLISHING A MORATORIUM ON ALL NEW RETAIL USES IN THE URBAN CENTER ZONE OF THE OLD TOWN NEWHALL SPECIFIC PLAN (MAIN STREET AREA), EXCEPT THOSE SPECIFICALLY RELATED TO THE ESTABLISHMENT AND SUPPORT OF AN ARTS AND ENTERTAINMENT DISTRICT. BACKGROUND The Old Town Newhall Specific Plan (ONSP or Specific Plan) was adopted by the City Council in 2005 and outlined the vision for the future of Old Town Newhall. Since the adoption of the Specific Plan, the City of Santa Clarita (City) and the Redevelopment Agency of the City of Santa Clarita have invested considerable resources in Old Town Newhall, both in infrastructure and community events. Some of the infrastructure projects include, but are not limited to a former Caltrans designated highway was transformed into a pedestrian -friendly Main Street; Newhall Avenue and Railroad Avenue were extended to create a stronger community identity; old sidewalks were replaced with themed streetscape along the entire length of Main Street; the Old Town Newhall Library was constructed; and the intersection of Main Street and Newhall Avenue was improved with the installation of a roundabout. New restaurants have located to Main Street and commercial vacancies on Main Street remain low, demonstrating a strong customer demand in the area. The Newhall renaissance continues, and the City is making progress on establishing a vibrant Arts and Entertainment District. Page 1 Packet Pg. 143 On February 9, 2016, the City Council directed staff to proceed with plans to develop an entire block in Old Town Newhall with three separate projects that include a 400 -space public parking structure, a multi -screen art house movie theater, and a mixed-use project that is envisioned to include 46 residential units and just over 20,000 square feet of restaurant and retail space. The subject properties are located on the block bounded by Main Street, Lyons Avenue, Railroad Avenue, and 9t' Street. Collectively, the project is known as the "Redevelopment Block." On March 22, 2016, the City Council awarded a contract to Walker Parking Consultants to prepare the bridging documents for the parking structure component of the Redevelopment Block, with the intent of bringing an item back to the City Council this summer for consideration of awarding a design -build contract to a qualified firm. The other Redevelopment Block projects, Laemmle Theatres and Old Town -Main, LLC, are expected to submit their entitlement applications to the City in June. DISCUSSION The City has committed substantial resources to the Old Town area, with most investment centered on Main Street in the Urban Center zone (Urban Center Zone Map attached). These resources were committed in an effort to revitalize Newhall's historic core and create a district filled with restaurants, arts, and entertainment venues. As the area has revitalized, the Main Street area has become more attractive to all types of uses, including retail uses that do not support the arts and entertainment vision. In order to protect the City's investment and to promote a healthy and appropriate mix of commercial uses that support the arts and entertainment vision of Old Town Newhall, an Urgency Ordinance is needed to restrict the siting of new retail businesses except for those specifically related to arts and entertainment or that support the pedestrian -oriented district the City is pursuing. The proposed Urgency Ordinance would establish a 45 -day moratorium that would apply to all general retail uses listed in ONSP Section 4.2.020.C, except the following: • Antique, Collectible, or Vintage Clothing Stores • Bar, Tavern, Night Club • Neighborhood Market/Convenience Store • Outdoor Displays and Sales [for existing businesses, subject to City approval] • Outdoor Dining (in the public right-of-way) • Restaurant, Caf6, Coffee Shop, except drive-through • Restaurants with accessory alcohol sales, Wine Tasting Rooms, Wine Bars, Beer Gardens, or Micro -Breweries In addition to those listed above, all other categories of General Retail and Specific Retail as listed in Unified Development Code Sections 17.43.010.19 and 17.43.010.20, shall be prohibited, except for the following: • Apparel Boutiques • Art Supply Stores • Bakeries • Bicycle Shops • Book Stores • Florist Shops Page 2 Packet Pg. 144 • Hobby Stores • Jewelry Stores • Music Stores • Sporting Goods Stores • Stationery Stores • Toy Stores The permitted uses listed above are not intended to be comprehensive. During the moratorium period, should the City receive an application or zoning referral request for a business not included in the list above, the Director of Community Development will review the application and determine whether or not the proposed use supports the arts and entertainment uses envisioned for Old Town Newhall. Any uses approved outside of those listed above shall be subject to written findings. This moratorium only applies to general retail uses as described above, and does not affect the processes already in place regulating other use categories listed in the ONSP. As drafted, the moratorium would not apply to retail uses already in operation, or proposed retail uses for which entitlement applications have already been submitted to the City. Government Code Sections 36937 and 65858 authorize the City to adopt, by a 4/5ths vote as an urgency measure, an interim ordinance prohibiting new retail uses in the Urban Center zone of the ONSP, except for those specifically related to the establishment and support of an Arts and Entertainment District. The moratorium would only apply to the Urban Center zone. The moratorium would not apply to the other ONSP zones: Corridor, Creative District, Urban General 1, Urban General 2, and Open Space. The 45 -day moratorium on retail uses will give City staff time to study the issue of retail uses in the Urban Center zone and determine which retail uses support the pedestrian -oriented Arts and Entertainment District envisioned by the community. The moratorium will also serve to protect the City Council's substantial public investment in Newhall. The moratorium period may be extended by ordinance of the City Council after a public hearing. An extension would require a 4/5ths vote of the Council. Staff intends to return to the City Council later in the year with amendments to the ONSP that address the issues covered by the moratorium. ALTERNATIVE ACTION Modify the moratorium to include all non -arts and entertainment related retail uses that have not yet commenced (even if an application for entitlements has been submitted), or other action as determined by the City Council. FISCAL IMPACT None ATTACHMENTS Urgency Ordinance Urban Center Zone Map ONSP Zoning Map Page 3 Packet Pg. 145 ORDINANCE NO. AN URGENCY ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA CLARITA, CALIFORNIA, ESTABLISHING A MORATORIUM ON ALL NEW RETAIL USES IN THE URBAN CENTER ZONE OF THE OLD TOWN NEWHALL SPECIFIC PLAN (MAIN STREET AREA), EXCEPT THOSE SPECIFICALLY RELATED TO THE ESTABLISHMENT AND SUPPORT OF AN ARTS AND ENTERTAINMENT DISTRICT WHEREAS, as set forth in the General Plan, the Old Town Newhall Specific Plan was intended to provide opportunities for an Arts and Entertainment District in the vicinity of existing theaters as part of a mixed-use, transit -oriented development, in the historic community of Newhall; and M multi -screen arthouse movie theater, a 400 -space public parking structure, and a mixed-use project W that is envisioned to include both residences and 20,000 square feet of additional restaurant and retail space; and v WHEREAS, there is a current and immediate need to prohibit certain retail uses that do not advance the concept of an Arts and Entertainment District in order to safeguard past, present, and future public and private investments in Newhall, specifically funds that have been expended in order to create the Arts and Entertainment District envisioned by the community and the City Council. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SANTA CLARITA, CALIFORNIA, DOES HEREBY ORDAIN AS FOLLOWS: SECTION 1. Findings of fact. A. In 2005, the City Council adopted the Downtown Newhall Specific Plan (Specific Plan) to create a mixed-use, transit -oriented development. Since the adoption of the Specific Plan, the City of Santa Clarita (City) and the Redevelopment Agency of the City of Santa Clarita have invested considerable resources in Old Town Newhall, both in infrastructure and community events. Some of the infrastructure projects include, but are not limited to a former Caltrans highway was transformed into a pedestrian -friendly Main Street; Newhall Avenue and Railroad Avenue were extended to create a stronger community identity; old sidewalks were replaced with themed streetscape along the entire length of Main Street; the Old Town Newhall Library was constructed; and the intersection of Main Street and Newhall Avenue was improved with the installation of a roundabout. The Specific Plan was renamed the Old Town Newhall Specific Plan (ONSP) in 2014 to reflect the emerging identity of the Old Town Newhall Arts and Entertainment District. Packet Pg. 146 0 0 WHEREAS, certain retail uses support an Arts and Entertainment District, and are better Y situated to a walkable, pedestrian -oriented Main Street environment than other retail uses that are sa more appropriately located in automobile -oriented, general commercial zones; and w WHEREAS, the City and private investors are both in the process of committing funding and Y resources to the Old Town Newhall Specific Plan and to the Arts and Entertainment District concept through the development of an entire block fronting Main Street, with three projects including a multi -screen arthouse movie theater, a 400 -space public parking structure, and a mixed-use project W that is envisioned to include both residences and 20,000 square feet of additional restaurant and retail space; and v WHEREAS, there is a current and immediate need to prohibit certain retail uses that do not advance the concept of an Arts and Entertainment District in order to safeguard past, present, and future public and private investments in Newhall, specifically funds that have been expended in order to create the Arts and Entertainment District envisioned by the community and the City Council. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SANTA CLARITA, CALIFORNIA, DOES HEREBY ORDAIN AS FOLLOWS: SECTION 1. Findings of fact. A. In 2005, the City Council adopted the Downtown Newhall Specific Plan (Specific Plan) to create a mixed-use, transit -oriented development. Since the adoption of the Specific Plan, the City of Santa Clarita (City) and the Redevelopment Agency of the City of Santa Clarita have invested considerable resources in Old Town Newhall, both in infrastructure and community events. Some of the infrastructure projects include, but are not limited to a former Caltrans highway was transformed into a pedestrian -friendly Main Street; Newhall Avenue and Railroad Avenue were extended to create a stronger community identity; old sidewalks were replaced with themed streetscape along the entire length of Main Street; the Old Town Newhall Library was constructed; and the intersection of Main Street and Newhall Avenue was improved with the installation of a roundabout. The Specific Plan was renamed the Old Town Newhall Specific Plan (ONSP) in 2014 to reflect the emerging identity of the Old Town Newhall Arts and Entertainment District. Packet Pg. 146 B. The Urban Center (UC) zoning designation was assigned to parcels fronting and immediately adjacent to Main Street. The UC zone encompasses 18.13 acres and is generally bounded by the alley west of Main Street, Railroad Avenue on the east, 1 It Street (the Old Town Newhall Library) on the north, and Newhall Avenue on the south. Street frontages throughout this zone are pedestrian -oriented, and defined by nonresidential buildings at the back of the sidewalk (ONSP 4.2.060.A). C. On February 9, 2016, the City Council directed staff to proceed with plans to develop the block immediately to the south of the Old Town Newhall Library with three separate projects that include a 400 -space public parking structure, a multi -screen arthouse movie theater, and a mixed-use project that is envisioned to include 46 residential units and just over 20,000 square feet of restaurant and retail space. The subject properties are located on the block bounded by Main Street, Lyons Avenue, Railroad Avenue, and 9t' Street. Collectively, the project is known as the "Redevelopment Block." D. On March 22, 2016, the City Council awarded a contract to Walker Parking Consultants to prepare the bridging documents for the parking structure component of the Redevelopment Block, with the intent of bringing an item back to the City Council in summer 2016 for consideration of awarding a design -build contract to a qualified firm. The other Redevelopment Block projects, Laemmle Theatres and Old Town -Main, LLC are expected to submit their entitlement applications to the City in summer 2016. E. Section 4.2.020.0 of the ONSP lists the retail uses currently permitted in the UC zone, either by right or conditionally permitted. These uses generally reflect the original uses adopted by the City Council for the UC zone in 2005, with minor revisions in 2012 to encourage wine -tasting rooms and micro -breweries, thereby supporting the emerging Arts and Entertainment District. Section 4.2.020.0 was further amended in 2014 to reflect land use categories listed in the Unified Development Code, thereby simplifying land use approvals and reducing the need for interpretation. Retail uses listed in Section 4.2.020.0 include general retail categories that may or may not be conducive to a pedestrian -oriented Arts and Entertainment District. F. Article XI, Section 7, of the California Constitution authorizes cities to adopt local police, sanitary, and other ordinances not in conflict with general laws. An Urgency Ordinance (moratorium) is permitted under this section of the California Constitution. G. A moratorium on retail uses in the Urban Center zone (Main Street area) is necessary because, based on the existing description of retail uses listed in ONSP Section 4.2.020.C, retail uses that are potentially detrimental and harmful to a pedestrian - oriented Arts and Entertainment District are permitted by right. If a temporary moratorium is not established, existing commercial space could be occupied by retail uses that are automobile -oriented, home maintenance -oriented, or office supply - oriented, that are inconsistent with an arts and entertainment district or that are intended to serve regional needs rather than supporting Newhall -specific, Main Street arts venues and entertainment uses. H. Moreover, the City requires time to study and decide: a. If an ordinance is necessary to protect the public health, safety, and welfare, providing clear direction as to the types of retail uses that will foster the emerging Arts and Entertainment District in Newhall; E M c �R Packet Pg. 147 b. If such an ordinance is necessary, which retail and other commercial uses would be best suited to support the Arts and Entertainment District envisioned for Main Street and the Urban Center zone; If such an ordinance is necessary, whether or not the ordinance would have any adverse effects upon the existing commercial properties in the Urban Center zone (Main Street); d. The extent to which the City may regulate general and specific retail uses in the Urban Center zone (Main Street); e. If it is necessary, given the potential harm to the entertainment and arts venues and the overall atmosphere of the UC zone, and the hindrance of the development of a E pedestrian -oriented district due to incompatible commercial uses locating in the c Urban Center zone, whether this moratorium should be extended to preserve the R status quo to provide time for City staff to develop appropriate regulations 0 consistent with the requirements of the law and the purposes of the Old Town w Newhall Specific Plan. N c Government Code Sections 36937 and 65858 authorize the adoption of an immediately- a effective Urgency Ordinance to protect the public health, safety, and welfare, and to prohibit certain land uses that may conflict with land -use regulations that the City's legislative bodies are considering or intend to study within a reasonable time. a' J. Accordingly, the City Council has determined that an Urgency Ordinance is necessary to protect the public health, safety, and welfare of the citizens of the City, and upon that basis has determined that an Urgency Ordinance is necessary to prohibit all new general and specific retail uses in the Urban Center zone, except for the following: a. The following uses listed in the Old Town Newhall Specific Plan Section 4.2.020.C: Antique, Collectible, or Vintage Clothing Stores; Bar, Tavern, Night Club; Neighborhood Market/Convenience Store; Outdoor Displays and Sales [for existing businesses, subject to City approval]; Outdoor Dining (in the public right- of-way); Restaurant, Cafe, Coffee Shop, except drive-through; and Restaurants with accessory alcohol sales, Wine Tasting Rooms, Wine Bars, Beer Gardens, or Micro -Breweries; b. Uses listed in Unified Development Code Sections 17.43.010.19 and 17.43.010.20: Apparel Boutiques, Art Supply Stores, Bakeries, Bicycle Shops, Book Stores, Florist Shops, Hobby Stores, Jewelry Stores, Music Stores, Sporting Goods Stores, Stationary Stores, and Toy Stores; and Other uses not listed above that the Director of Community Development, through the issuance of written findings, determines support the emerging Arts and Entertainment District, and are consistent with the pedestrian -oriented environment of the Urban Center zone. Any person aggrieved by such written findings shall have the right to appeal the Director's decision, as more fully set forth in Chapter 17.07. SECTION 2. Environmental Review. The City Council finds that this ordinance is not subject to the California Environmental Quality Act (CEQA), pursuant to Section 15060(c)(2), Packet Pg. 148 because the activity will not result in a direct or reasonably foreseeable indirect physical change in the environment; Section 15060(c)(3) because the activity is not a project as defined in Section 15378; and Section 15061(b)(3) because the activity will not have a significant effect on the environment (CEQA Guidelines, California Code of Regulations, Title 14, Chapter 3). These findings are premised on the fact that the adoption of this ordinance will maintain existing environmental conditions arising from the City's current land use regulations without significant change or alteration. SECTION 3. Applicability. This ordinance shall not apply to any parcel of land not located within the Urban Center zone of the Old Town Newhall Specific Plan. Furthermore, this ordinance applies only to general and specific retail uses in the Urban Center zone. Land use categories other than retail are not affected by this ordinance. E SECTION 4. Moratorium. In order to protect the public health, safety, and welfare, and o pursuant to the provisions of Government Code Section 65858, the City adopts a moratorium prohibiting the commencement of any new retail uses and the issuance by the City of any permit, g° approval, or entitlement that would authorize the establishment of any new retail uses in the Urban w Center zone of the Old Town Newhall Specific Plan, except as provided for in Section 1(J)(a), (b), and (c), above and except for any proposed retail uses for which entitlement applications have already been submitted to the City as of the effective date of this ordinance. For applications submitted after the effective date of this ordinance, during the period of the moratorium, the City will continue to accept and process applications for non -arts and entertainment related retail uses/permits, but will not take final action to approve such uses/permits. SECTION 5. Enforcement. The establishment of a use prohibited by Section 4 of this ordinance shall be subject to enforcement pursuant to Title 23 of the Santa Clarita Municipal Code. The City reserves the right to utilize any and all authority available under Title 23 to effectuate the purposes of this ordinance. SECTION 6. Report. Staff is directed to provide a written report to the City Council at least 10 days prior to the expiration of this ordinance, describing the study conducted of the local retail and commercial conditions that led to the adoption of this ordinance in accordance with State law. SECTION 7. Effective Date and Duration. This ordinance is an Urgency Ordinance enacted under California Government Code Section 65858(a). This Urgency Ordinance is effective upon adoption by a 4/5ths vote of the City Council, and will extend for a period of 45 days from the date of adoption, at which time it will automatically expire unless extended by the City Council in accordance with California Government Code Section 65858. SECTION 8. Severability. If any section, sentence, clause, or phrase of this ordinance is for any reason held to be invalid or unconstitutional by a 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 passed this ordinance and adopted this ordinance and each section, sentence, clause, or phrase thereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses, or phrases be declared invalid or unconstitutional. Further, the City Council hereby declares that this ordinance neither is intended to, nor shall it impair, the obligation of existing contracts. SECTION 9. Publication. The City Clerk shall certify to the passage of this ordinance and shall cause the same to be published as required by law. Packet Pg. 149 PASSED, APPROVED AND ADOPTED this 26'h day of April, 2016. MAYOR ATTEST: E CITY CLERK O Y R 0 O a c �R r f0 N r STATE OF CALIFORNIA) COUNTY OF LOS ANGELES) ss. c CITY OF SANTA CLARITA) I, Kevin Tonoian, City Clerk of the City of Santa Clarita, do hereby certify that the forering Urgency Ordinance No. 16- was adopted at a regular meeting of the City Council on the 26 day of April 2016, by the following vote, to wit: AYES: COUNCILMEMBERS: NOES: COUNCILMEMBERS: ABSENT: COUNCILMEMBERS: CITY CLERK Packet Pg. 150 z CM1PR/ ;'E S� / 4 100 200 Parcel data Copyright May 2014, County of Los Angeles All rights reserved Map reproduced with commission granted by Rand McNally 2012 The City of Santa Clant does not warant Me accuracy of Me data and assumes no liability for any enors or omisslons. Map prepared by: City of Santa Clahb SIS Division Corridor (22.37 Creative District Open Space (86 - Urban Center (1 Urban General 1 Urban General 2 aONSP Boundary ElParcel 12TH ST L WY, City Of SANTA CLARITA Urban Center Zone "Main Street" z a a � 11TH ST LYONSAV 9TH ST 8TH ST acres) (22.27 acres) .13 acres) 8.13 acres) (16.2 acres) (36.82 acres) H y z 51 MARKET ST 6TH ST III 9TH ST STH ST 5TH ST 4TH ST i MARKET ST 6TH ST 5TH ST 4TH ST PackMPg. 151 a an"SANTA CLABITA Old Town Newhall Specific Plan 8 w y _ 5 \ e S kg d y � � ova gy�oxPo c 4£�b v� y C P C°n Ilpw ce Nm"M /. 4R T ms I _.._...__v -no I� „rdo;(223,ac,as)� 0 creative oyrny (22 27 avast j ora Town mawbau ubhon O pen space (86 v 13 do OesYgna(etl CMC Bulltling Btle� Oban Center (18. 13 acres) , OeSgnaletl Pa�king BlmCwe Btle� Oban O anchor 1(162 doe) •Potent611ocatAn: pmpeM Owneceare hot to the os, i Oban O eneho6o r 2(382 des) tacaresopipa Rangbuchaws puss Bouneary — Parcel 1� Packet Pg.