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HomeMy WebLinkAbout1990-11-13 - AGENDA REPORTS - APPEAL OF VARIANCE 90-003 (2)PUBLIC HEARING DATE: SUBJECT: DEPARTMENT: BACKGROUND 0 AGENDA REPORT November 13, 1990 0 City Manager Approval Item to be presented by: Lynn M. Harris Appeal of Variance 90-003, located at 27227 Sand Canyon Road adjacent to Warmuth Road. Community Development The applicant, Mr. Toyama, in a letter dated October 17, 1990, requested an appeal of a Planning Commission decision. The letter is requesting the City Council remove the adopted County Survey Book 3030-1 alignment from the City's Master Plan of Highways. The entitlement application filed by the applicant is a variance from the yard requirements of the City of Santa Clarita Planning and Zoning Code. The variance would allow the elimination of the required front yard setback (20 feet), including the encroachment of a single family residence and detached garage a maximum of 32 feet into the future right-of-way, as established by the.alignment. The Planning Commission heard the item on the date of October 2, 1990. The Planning Commission addressed several issues which included: 1) The possibility of the applicant acquiring additional usable land from Sand Canyon Creek. 2) The Commission's awareness that they could not grant a variance in this case, because it would require amending or deleting an adopted alignment. 3) The need for the City Council to analyze the Sand Canyon circulation system and. determine the necessity of the alignment and 100 foot right-of-way. Public testimony on the project, in addition to the applicant's, included a resident of Sand Canyon who protested the building of a single family residence within a proposed roadway and questioned whether the granting of the applicant's request would reposition the alignment and right-of-way onto his property. Continued To: i._=,9& Agenda Item; Due to the nature of the request and its effects on circulation, the Public Works Department contributed the following comment on the applicant's proposal: An analysis is needed indicating the effects of eliminating or amending the alignment on valley wide circulation, the Circulation Element of the Draft General Plan, and the loss of the potential to develop drainage devices, equestrian trails, and pedestrian trails adjacent to the roadway within the right-of-way established by the alignment. ALTERNATIVES 1) Uphold Planning Commission denial of Variance No. 90-003. 2) Conduct an analysis on the alignment. 3) Approve Variance 90-003, yet recognize the possible future condemnation of the proposed house and detached garage. 4) Approve Variance 90-003 and abandon the westerly 32 feet of the right-of-way adjacent to the applicant's site. 1) Uphold Planning Commission denial of Variance 90-003. ATTACHMENTS Staff Report GEA:151 CITY OF SANTA CLARITA STAFF REPORT Variance 90-003 DATE: October 2, 1990 TO: Chairman Brathwaite and Members of the. Planning Commission ' �y FROM: Lynn M. Harris, Director of Community Development�(� PROJECT PLANNER: Glenn Adamick, Assistant Planner I APPLICANT: Mr. and Mrs. Steven Toyama LOCATION: 27227 Sand Canyon Road, adjacent to Varmuth 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. BACKGROUND: 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 DESCRIPTION: 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 Varmuth Road. Vater 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 50Z �'l • 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-way, 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 Areawide General Plan designation for the subject property is Floodway/Floodplain (W). The Areawide 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 Areawide 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: ENVIRONMENTAL REVIEW: 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. INTERDEPARTMENTANTERAGENCY REVIEW: 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 Works 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. General Plan Zone Land Use Project Site V (Floodway- 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 (Floodway- A-1-2 Varmuth Road, Vacant Floodplain) Vest V (Floodway- A-1-2 Sand Canyon Wash, Single Floodplain) Family Residence ENVIRONMENTAL REVIEW: 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. INTERDEPARTMENTANTERAGENCY REVIEW: 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 Works 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. RECOMMENDATION: 1) Deny Variance 90-003. 2) Adopt the attached Resolution P90-50 RESOLUTION No. P90-50 A RESOLUTION OF THE PLANNING COMIfISSION 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, Las 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: 0 0 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 Brathwaite, 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: Adjacent property Owners Within 500' Radius Radius Man 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-O62 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 Adjacent Property Owners Within 500' Radius (Continued) Radius Map LACO Assessor's Owner's Address ID Number IDNumber 14-21 2841-014-021 Vada Aitken 27345 Sand -Canyon Road Canyon Country, CA 91351 14-22 2841-014-022 William A. Schmidt 27342 Sand Canyon Road Canyon Country, CA 91351 14-23 2841-014-023 Robert B. and Cheryl D. Scheer 27329 Sand Canyon Road Canyon Country, CA 91351 14-24 2841-014-024 Edgar E. and Joann Frye 27315 Sand Canyon Road 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 0. 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 AdJacent Property Owners Within 500' Radius (Continued) Radius Map LACO Assessor's Owner's Address ID Number ID Number Zarkovacki 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 13-27 2841-013-027 Victor N. and Cynthia J. Landes P.O. Box 686 Frazier 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