HomeMy WebLinkAbout2016-05-24 - ORDINANCES - URGENCY ORD MORATORIUM RETAIL (2)ORDINANCE NO. 16-09
AN URGENCY ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA
CLARITA, CALIFORNIA, EXTENDING 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
WHEREAS, certain retail uses support an Arts and Entertainment District, and are better
situated to a walkable, pedestrian -oriented Main Street environment than other retail uses that are
more appropriately located in automobile -oriented, general commercial zones; and
WHEREAS, the City and private investors are both in the process of committing funding
and 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 that is envisioned to include both residences and 20,000 square feet of
additional restaurant and retail space; and
WHEREAS, on April 26, 2016, in a four-fifths vote, the City Council adopted Ordinance
No. 16-07, as an Urgency Ordinance and adopted its findings of fact; and
WHEREAS, Ordinance No. 16-07, by law, is effective for 45 days and expires on
June 10, 2016; and
WHEREAS, pursuant to Government Code Section 65858, the City may, after notice and
a public hearing, extend the moratorium enacted by Ordinance No. 16-07; and
WHEREAS, the City Council continues to find there is a current and immediate threat to
the public health, safety, and welfare based on the above findings and the findings contained in
Ordinance No. 16-07, and upon that basis has determined that an extension of the moratorium
enacted under Ordinance No. 16-07 is warranted.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SANTA CLARITA,
CALIFORNIA, DOES HEREBY ORDAIN AS FOLLOWS:
SECTION 1. Findings of fact.
A. The recitals above are true and correct, and are incorporated as part of the City's
findings.
B. The factual basis for extending the moratorium also includes the findings set forth
in Section 1 of Ordinance No. 16-07, which is adopted herein by reference.
C. Pursuant to Government Code Section 65858(d), the City has issued a report
relative to the steps taken to alleviate the conditions that necessitated the adoption
of Ordinance No. 16-07, which is attached and incorporated by reference.
D. The City requires more time to study and decide:
1. If an ordinance (code amendments) is necessary to protect the public health,
safety, and welfare, and provide protection for public and pr;Vate Investments
made in the Old Town Newhall area.
2. If such an ordinance would have any adverse effects upon the general
commercial market, particularly commercial space located on Main Street in the
Urban Center zone, and whether the effects of not strictly regulating land use on
Main Street constitutes a current and immediate threat to the public health,
safety, and welfare.
3. The extent the City may regulate land use, and to determine which retail uses
are appropriate and supportive of the pedestrian -oriented Arts and
Entertainment District envisioned for Old Town Newhall.
E. Given the harm to the community by potential business uses that are not conducive
to an Arts and Entertainment District, this moratorium should be extended to
preserve the status quo, to provide time to seek clarification of the law, and permit
City staff to develop appropriate regulations consistent with the requirements of the
law.
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),
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. Extension of Moratorium Prohibiting Certain Retail Uses in the Urban
Center zone. The City Council orders as follows:
A. The findings and determinations in Section 1 are true and correct.
B. Based on the foregoing, the City Council finds and declares there is a current and
immediate threat to the public health, safety, or welfare, and upon that basis has
determined that an Urgency Ordinance, pursuant to Government Code Sections 36937
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and 65858, is warranted, and shall take effect immediately upon adoption by a four-fifths
vote of the City Council.
C. All retail uses in the Urban Center zone shall be prohibited except for those uses
specifically listed in Ordinance No. 16-07.
SECTION 4. 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 local conditions that led to
the adoption of this ordinance and any measures taken to alleviate such conditions, in accordance
with State law.
SECTION 5. Effective Date and Duration. This ordinance is an Urgency Ordinance
enacted under California Government Code Section 65858(a). This Urgency Ordinance is
enacted immediately upon adoption by a four-fifths vote of the City Council, shall take effect on
June 10, 2016, and will extend for a period of 10 months and 15 days from the previous
expiration date of June 10, 2016. On April 25, 2017, the Urgency Ordinance (moratorium) will
automatically expire unless extended by the City Council in accordance with California
Government Code Section 65858.
SECTION 6. 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 is neither
intended to, nor shall it impair, the obligation of existing contracts.
SECTION 7. Publication. The City Clerk shall certify to the passage of this ordinance
and shall cause the same to be published as required by law.
PASSED, APPROVED AND ADOPTED this 24" day of May, 2016.
Fit wa '- - V
STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES ) ss.
CITY OF SANTA CLARITA )
I, Kevin Tonoian, City Clerk of the City of Santa Clarita, do hereby certify that the
foregoing Urgency Ordinance No. 16-09 was adopted at a regular meeting of the City Council on
the 24th day of May 2016, by the following vote, to wit:
AYES: COUNCILMEMBERS: Acosta, McLean, Weste, Kellar
NOES: COUNCILMEMBERS: None
RECUSED: COUNCILMEMBERS: Boydston
ABSENT: COUNCILMEMBERS: None
AND I FURTHER CERTIFY that the foregoing is the original of Ordinance 16-09
was published in The Signal newspaper in accordance with State Law (G.C. 408
CITY
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ORDINANCE NO. 16-07
' 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
WHEREAS, certain retail uses support an Arts and Entertainment District, and are better
situated to a walkable, pedestrian -oriented Main Street environment than other retail uses that are
more appropriately located in automobile -oriented, general commercial zones; and
WHEREAS, the City and private investors are both in the process of committing funding
and 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 that is envisioned to include both residences and 20,000 square feet of
additional restaurant and retail space; and
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.
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
isenerally bounded by the alley west of Main Street, Railroad Avenue on the east,
l h 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 Febr ary 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 9`h 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;
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;
C. 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 pedestrian -oriented district due to incompatible commercial
uses locating in the Urban Center zone, whether this moratorium should be
extended to preserve the status quo to provide time for City staff to develop
appropriate regulations consistent with the requirements of the law and the
purposes of the Old Town Newhall Specific Plan.
Government Code Sections 36937 and 65858 authorize the adoption of an
immediately -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.
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; I 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
C. Other uses not listed above that the Director of Community Development,
through the issuance of written findings, deter lines 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),
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 I environmental conditions arising fromthe City's current landuseregulations-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.
SECTION 4. Moratorium. In order to protect the public health, safety, and welfare, and
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,
approval, or entitlement that would authorize the establishment of any new retail uses in the
Urban Center zone of the Old Town Newhall Specific Plan, except as provided for in Section
I(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 I
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.
PASSED, APPROVED AND ADOPTED this 26`x' day of April, 2016.
ATTEST:
CITY CLERK
MAYOR
STATE OF CALIFORNIA ) '
COUNTY OF LOS ANGELES ) ss.
CITY OF SANTA CLARITA )
I, Kevin Tonoian, City Clerk of the City of Santa Clarita, do hereby certify that the foregoing
Urency Ordinance No. 16-_ was adopted at a regular meeting of the City Council on the
269 day of April 2016, by the following vote, to wit:
AYES: COUNCILMEMBERS:
NOES: COUNCILMEMBERS:
ABSENT: COUNCILMEMBERS:
CITY CLERK