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HomeMy WebLinkAbout1990-11-13 - AGENDA REPORTS - ADDENDUM ITEM 1 COUNCIL (4)AGENDA REPORT Z City Manager Approval Item to be present d by: PUBLIC HEARING Lvnn M Harris DATE: November 13, 1990 SUBJECT: Addendum to Item ii on Council Agenda DEPARTMENT: Community Development Recent discussions with Mr. and Mrs. Toyama at City Hall have led to a possible solution which may allow the applicants to reasonably develop their property while retaining an opportunity for the City to widen Sand Canyon Road in the future. The Toyamas have been pursuing a plan which encroached 32' into the projected 100' right-of-way. By designing a 6' high retaining wall on the back of their parcel of land, they have adjusted the footprint of the house to encroach a maximum of 12' into the 100' right-of-way. The new design would allow the existing right-of-vay (40') to be expanded to a 68' width. This width would permit the present tvo-lane roadway to be improved to four lanes, and also allow a 5' buffer zone and a 15' equestrian trail. All these possible improvements could take place on the westerly side of the street, on the Toyama property. The Toyamas have agreed to make an irrevocable offer of the necessary land to accommodate these potential improvements. This offer would encompass an approximately 30' depth of land for the 700' ± frontage of the Toyamas' present parcel, all in addition to the present 40' right-of-way existing at this location for Sand Canyon Road. In the event the City would eventually make the improvements as suggested above, the proposed house would set a minimum of 20' from the equestrian trail. Several healthy heritage oak trees would have to be.removed in order to accomplish this widening, and staff is not making any recommendation at this time that the widening should take place. The Parks Director is also not recommending any action be taken on the placement of the trail. The irrevocable offer simply guarantees availability of the right-of-way when and if the City wishes to make the improvements. The advantages of approving this latest design include the irrevocable offer of land, the elimination of any future obligation to condemn the right-of-way, and the elimination of other possible litigation involving the City which would relate to whether the City has rendered the property of no value by denying the building permit. The mapped alignment of the 100' right-of-vay on the highway plan is conceptual in nature, veers from the present driven roadway, runs in the creek bed, and anticipates six lanes of travel plus curb, gutter and sidewalks on both sides of the street. It also anticipates that.the centerline would be almost exactly through the trunks of the nine large oak trees at the southerly end of the Toyama property. The City Council is the appropriate body to evaluate this compromise since it is a policy decision to either retain the existing 100' right-of-way on Sand Canyon Road or to allow an encroachment as described, thereby reducing the available right-of-way for the 700' frontage of this property to 681. RECOMMMATION The revised proposal appears to allow for a more realistic approach toward the potential widening of Sand Canyon Road, allows for a trail, and anticipates all these possible improvements being on the Toyamas' property and therefore not impacting the house across the street. Therefore, staff recommends approval of the variance case based on the new layout. If the Council concurs, it is.reasonable to allow the 12' encroachment as described. E CITY OF -SANTA CLABITA STAFF REPORT Variance 90-003 DATE: October 2, 1990 TO: Chairman Brathwaite and Members of the Planning Commission FROM: Lynn M. Harris, Director of Community Development M PROJECT PLANNER: Glenn Adamick. Assistant Planner I APPLICANT: Mr. and Mrs. Steven Toyama LOCATION: 27227 Sand Canyon Road, adjacent to Warmuth Road REQUEST: A variance from the setback requirements of the Zoning Ordinance to allow for the construction of a single family residence within County Survey Book 3030-1, which designates the future 100 foot right-of-way for . Sand Canyon Road. The Planning Commission denied Plot Plan 90-046 on May 1, 1990. The applicant was appealing the Director's decision of denial. The applicant appealed the Commission's decision to the City Council. The City Council directed the City Attorney to study the above issue. The City Attorney informed the Council and the Community Development Department that the proper entitlement for the applicant to file is a variance from the yard requirements of the Municipal Code. The applicant's request has remained the same: To allow for the construction of a single family residence within the limits of the future right-of-way for -Sand Canyon Road. The home,. garage, and septic tank will encroach as much as 32 feet into the future right-of-way. PROJECT DESCRIMION$ The applicant is requesting a variance from the yard requirements of the City of Santa Clarita Planning and Zoning Ordinance to allow for the construction of a single family residence within the C.S.B. 3030-1 alignment, which designates the future 100 foot right-of-way for Sand Canyon Road. The project site is located at 27227 Sand Canyon Road, directly north' and adjacent to Warmuth Road. Water and utility service is available to the site. SURROUNDING LAND USE/ZONING: The existing zoning for the project site is •Heavy Agriculture - Two acre minimum lot size, (A-1-2). The parcel excluding the road alignment is 2.42 acres. If utilized the C.S.B. alignment would require more than SOZ of the project site, thereby reducing the net area of the site below the required area for the zone. The proposed residence and. detached garage would lie within the 100 foot right-of-vay, encroaching into the required front yard. The surrounding land uses are detailed in the matrix shown on this page. GENERAL PLAN CONSISTENCY: The .1984 Santa Clarita Valley Areavide General Plan designation for the subject property is Floodway/Floodplain (V). The Areavide plan states that uses may be facilitated provided that adequate flood protective measures are incorporated into the project under the approval of the Public. Works Department. Moreover, the Areavide Plan also states that whenever flood measures are provided to eliminate hazard potential, the Floodplain Management Classification of the General Plan may be removed. This plan was not adopted by the City, however it is being used as a reference while the City is preparing the General Plan. The General Plan Advisory Committee has tentatively designated-. the -project site as Estate - Residential (ER). A study for the future infrastructure needs of the Santa Clarita valley and the Circulation Element of the preliminary general plan indicate Sand Canyon to be a major highway (100 foot right-of-way). The General Plan designation, existing zoning, and existing land use of the project site and adjacent properties are as follows: • General Plan Zone Land Us2 Project Site W (Floodvay- A-1-2 Vacant Floodplain) North N1 (Non -Urban) A-1-2 Single Family Residence East N1 (Non -Urban) A-1-2 Single Family Residence South V (Floodvay- A-1-2 Warmuth Road, Vacant Floodplain) West V (Floodvay- A-1-2 Sand Canyon Wash, Single Floodplain) Family Residence ENVIH0NMENTAL.RE4IE4: An •Initial Study, has been prepared for the project. The project if approved, would require the amending or eliminating the C.S.B. alignment, unless the City Council determines and recognizes the possible future condemnation of this proposed house. INTERDEPARMW/INTERAAGENCY 484184: The project has been distributed to the affected City. departments and agencies, and the Community Development Department has received additional requirements from the following City departments and agencies: The Public Yorks Department is requiring the applicant to relocate the proposed residence out of the C.S.B. alignment and adhere to all yard requirements of the City of Santa Clarita Municipal Code. The Health Department is requiring the applicant to receive geology clearance -from the Public Works Department. prior to receiving approval for a private sewage disposal system. ANALYSIS: The proposed residence lies within the limits of the future Sand Canyon Road alignment as established by County Survey Book 3030-1. Sand Canyon Road currently appears on the master Plan of Highways as a major highway. A study for the future infrastructure needs of the Santa Clarita Valley and the preliminary circulation element of the General Plan indicate that Sand Canyon Road will be a major highway. Staff believes the City has inherited this master Plan of Highways which was designed to provide an adequate number of major and secondary highways, to facilitate traffic circulation in the City of Santa Clarita as well as the whole. valley. Staff believes this plan will allow development to occur ,over the next 20 years while providing a street network to accommodate the increase in traffic. RECOMMMATION: 1) Deny variance 90-003. 2) Adopt the attached Resolution P90-50 0 C -;� 0 0 RESOLUTION No. P90-50 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF SANTA CLARITA DENYING VARIANCE No. 90-003 THE PLANNING .COMMISSION OF THE CITY OF SANTA CLARITA DOES HEREBY RESOLVE AS FOLLOWS: SECTION 1. The Planning Commission does hereby find and determine as follows: a. An application for a Variance to allow for the construction of a single family residence within the County Survey Book 3030-1 alignment, which designates the future •;100 foot right of way for Sand Canyon Road, was filed on July 20, 1990, by Mr. Steven Toyama ("The Applicant"). The property for which this entitlement has:been filed is located at 27227 Sand Canyon Road, Canyon Country area, Santa Clarita, California. b. This application was reviewed by the Community Development Department and discussed at a Development Review Committee meeting on August 23, 1990. C. A duly noticed public hearing was held by the Planning Commission on October 2, 1990 at the City Council Chambers, 23920 Valencia Boulevard. Santa Clarita. California at 6:30.p.m. SECTION 2. Based upon the testimony and other evidence received at the public hearing, and -upon the study and investigation made by the Planning Commission and on its behalf, the Commission. finds and determines as follows: a. Pursuant to California Government Code 65360 (1), a newly incorporated city which has not yet adopted a general plan must deny any project where the Planning Commission is unable to find that there is a reasonable probability that the proposed project would be consistent with the general plan which is being prepared by the city in a timely fashion or .where the Planning Commission finds .that there is a reasonable probability that the proposed project would cause substantial detriment to, or interference with, the future adopted plan. b. Section 22.56.350 of the City of Santa Clarita Municipal Code, Los Angeles County Code, as adopted, requires that: 'Unless specifically modified by a variance, all regulations prescribed in the zone in which such variance is granted shall apply.* SECTION 3. Based upon the'testimony and other evidence received at the public -hearing, and upon the study and investigation made by the Planning Commission and on, its behalf, the Commission further finds and determines as follows: a. That because there exists no special circumstances or exceptional characteristics applicable to the property, the .strict application of the code does not deprive such property of privileges enjoyed by other property in the vicinity and under identical zoning classification; and b. That the variance requested for this property would constitute a grant of special privilege inconsistent with the limitations upon other properties in the 'vicinity and zone in which the property is situated; and C. That strict application of zoning regulations as they apply to this property will not result in practical difficulties; nor shall they create unnecessary hardships inconsistent with the general purpose of such regulations and standards; and d. Section 22.56.040 and 22.56.290 of the Los Angeles County Code, as adopted by reference by the City of Santa Clarita, sets forth the burden of proof an applicant must meet to justify approval of a variance request. The Planning Commission finds that the applicant has not met burden the burden of proof as required by the referenced sections of the Los Angeles County Code, and pursuant thereto, for the reasons stated in paragraphs (a) through (d) of this Section 3 above. SECTION 4. The Planning Commission finds that, pursuant to the California Environmental Quality Act a negative declaration was prepared for this project. SECTION 5. Based upon the foregoing findings and determinations, the Planning Commission hereby denies Variance 90-003. SECTION 6. The Secretary of the Planning Commission shall certify to the adoption of this resolution, and shall give notice of this recommendation in the manner prescribed by Section No. 22.60.190 of the City's Planning and Zoning Code. PASSED, APPROVED, AND ADOPTED THIS 2ND DAY OF OCTOBER 1990. Louis Brathvaits, Chairman Planning Commission I hereby certify that the foregoing is a true copy of a resolution. adopted by the Planning Commission of the City of Santa Clarita at a regular meeting thereof, held on the 2nd day of October 1990, by the following vote of the commission: • • • 0 AYES: Commissioners: Modugno, Cherrington, Woodrow and Brathwaite NOES: Commissioners: ABSENT: Commissioners: Garasi LM. Harris, Director mmunity Development • • Adjacent Property Owners within 500' Radius Radius Map LACO Assessor's Owner's Address ID Number ID Number 4-57 2841-004-057 Jacob Forst 408 S. Spring Street Los Angeles, CA 90013 4-58 2841-004-058 Karen F. Beliel 7317 Kraft Ave. North Hollywood, CA 91605 4-59 2841-004-059 Don and Lorraine Freeberg 800 N. Brand Blvd. Glendale, CA 91203 4-60 2841-004-060 Kenneth M. and Carol Lyn Wade 27332 Sand Canyon Road Canyon Country, CA 91351 4-61 2841-004-061 Melvin R. and Carol S. Heuseveldt G. Erwin and Marie Hoffman 27332 Sand Canyon Road Canyon Country, Ca 91351 4-62 2841-004-062 Melvin R. and Carol S. Heuseveldt G. Erwin and Marie Hoffman 27332 Sand Canyon Road Canyon Country, Ca.91351 4-63 2841-004-063 Willie W. Ponton Melvin V. Ponton 28040 La Comb Drive Canyon Country, CA 91351 12-10 2841-012-010 Alton W. Broadhurst 6135 Reseda Blvd. Reseda, CA 91355 12-11 2841-012-011 Richard McCurry, Estate of 16640 Parthenia Street Sepulveda, CA 91343 12-12 2841-012-012 Alton W. Broadhurst 6135 Reseda Blvd. Reseda, CA 91335 . 12-13 2841-012-013 Alton W. Broadhurst 6135 Reseda Blvd. #209 Reseda, CA 91335 • E Adjacent Proverty Owners Within 500' Radius fContinue Radius Mai) TACO Assessor's Owner's Address ID Number ID Number 14-21 2841-014-021 Vada Aitken 27345 Sand Canyon Road 14-28 Canyon Country, CA 91351 14-22 2841-014-022 William A. Schmidt 16313 Warmuth Road 27342 Sand Canyon Road Canyon Country, CA 91351 14-23 2841-014-023 Robert B. and Cheryl D. Scheer Keith O. and Mary A. Wambach 27329 Sand Canyon Road 16217 Warmuth Road Canyon Country, CA 91351 14-24 2841-014-024 Edgar E. and Joann Frye 15-27 27315 Sand Canyon Road Minor D. and Martha L. Willman Canyon Country, CA 91351 14-25 2841-014-025 Felix Garmendia 16313 Warmuth Road . Canyon Country, CA 91351 14-28 2841-014-028 Irene A. Garmendia 16313 Warmuth Road Canyon Country, CA 91351 14-29 2841-014-029 Keith O. and Mary A. Wambach 16217 Warmuth Road Canyon Country, CA 91351 15-27 2841-015-027 Minor D. and Martha L. Willman 16238 Warmuth Road Canyon Country, CA 91351 15-37 2841-015-037 Loren K. Andrus P.O. Box 5103 Mission Hills, CA 91345 15-38 2841-015-038 Lester E. and Susan M. Savage 16222 Warmuth Road Canyon Country, CA 91351 27-7 2841-024-007 Harry D. Littlejohn James L. Montgomery 16445 Warmuth Road Canyon Country, CA 91351 24-10 2841-024-010 Ralph and Rosemary Conlon 27101 Sand Canyon Road Canyon Country, CA 91351 • Adiacent Property Owners Within 500' Radius (Continued) Radius Map LACO Assessor's Owner's Address ID Number ID Number 12-15 2841-012-015 Santa Clarita Water Company P.O. Box 8 Saugus, CA 91350 12-16 2841-012-016 Howard E. Rockwell 637 Laveta Terrace Los Angeles, CA 90026 12-19 2841-012-019 Thomas and Barbara J. Arena Victor N. and Cynthia J. Landes P.O.• Box 686 grazier Park, CA 93225 12-20 2841-012-020 James W. Collins 21140 Sholes Road Bend, OR 97702 . 12-21 2841-012-021 James W. Collins 21140 Sholes Road Bend, OR 97702 13-23 2841-013-023 Vartan K. Tasmajian Samuel K. Tasmajian 2771 Woodlyn Road Pasadena, CA 91107 13-24 2841-013-024 Louis N. and Eileen I. Zarkovacki Don and Zorica Zarkovacki 25627 Palma Alta Drive Valencia, CA 91355 13-26 2841-013-026 Dolphin Development Corp. Darin R. and Caroline L. Kruse 9100 Degarmo Sun Valley, CA 91352 13-27 2841-013-027 Paul M. and Cheryl A. Alexy 26757 MacMillian Ranch Road Canyon Country, CA 91351 14-19 2841-014-019 Sharon L. Kerneally 27367 Sand Canyon Road . Canyon Country, CA 91351 14-20 2841-014-020 Phyllis M. Sherry 27363 Sand Canyon Road Canyon country, CA 91351