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HomeMy WebLinkAbout1990-12-11 - AGENDA REPORTS - APPEAL VARIANCE 90-003 (2)i AGENDA REPORT City Manager Approval Item to be presented by: PUBLIC HEARING DATE: December.11, 1990 Lynn M. Harris SUBJECT: Appeal of Variance 90-003, located at 27227 Sand Canyon Road adjacent to Warmuth Road. DEPARTMENT: Community Development BACKGROUND This item was heard by the City Council on November 13, 1990 as an appeal of the Planning Commission decision of denial. Speaking in favor of the item was Don Hale, the engineer for the applicant. The Council then continued the item to December 11, 1990, to allow the applicant's engineer and City staff time to provide additional information regarding sever accessibility and the areas on the project subject to the Sand Canyon creek flood -way. The applicants were requesting the City Council remove the adopted County Survey Book 3030-1 alignment from the City's Master Plan of Highways, to allow for the construction of a single family residence. Prior to the Council meeting on November 13, 1990, staff and the applicants developed a possible solution, which allows the applicants to reasonably develop their property while retaining the City's opportunity to widen Sand Canyon Road in the future. This solution is a redesign of the existing right-of-way (40') to an expanded 68' width. This width would allow for a four -lane roadway, a five foot buffer lane, and a ten foot equestrian trail.. The Toyamas.agreed to make an irrevocable offer of dedication of the necessary land to allow for the above improvements on the westerly side of Sand Canyon, on the Toyamas' property. The initial plan of the Toyamas illustrated the proposed house encroaching 32' into the 100 foot future right-of-way for Sand Canyon Road. The new design proposed with the possible solution adjusted _the foot print of the proposed residence to encroach 12' into this 100 foot right-of-vay. ANALYSIS The information requested by Council to continue their deliberation is listed below: 1) An indication from the soils engineer regarding those areas on the project site that are not suitable for structures. Continued To: � o Agenda Item;�,,,.� 0 0 2) Cross sections of Sand Canyon Flood -way at the north, south, and mid -point of the project site. These cross sections should show the water surface level at these locations based on existing topography and those established flow rates available from the Flood Control District. In addition to this, cross sections. and water surface elevations that show the same flowrate after the improvements are done to the project site. The applicant informed staff that the information requested by Council would be complete and submitted to the Public Works Department on the date of December 3, 1990. Due to the time requirements imposed on an agenda report and the time needed by the Public Works Department to evaluate the information, staff is recommending the Council continue the item to the next regularly scheduled City Council meeting. 1) Continue the item to the January 8, 1990 City Council meeting to allow staff to evaluate the supplemental information. Staff Reports GEA:175 L CITY OF SANTA CLARITA STAFF REPORT Variance 90-003 DATE: October 2, 1990 E TO: Chairman Brathwaite and Members of the Planning Commission � FROM: Lynn M. Harris, Director of Community Development w_ PROTECT PLANNER: Glenn Adamick, Assistant Planner I APPLICANT: Mr. and Mrs. Steven Toyama LOCATION: 27227 Sand Canyon Road, adjacent to Warmuth Road REgUEST: 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 -wap for Sand Canyon Road. F7CM: CO!Tell)IPIT 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 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 -ray 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 LM 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 50S ZZ-_/ 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 Floadvay/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 hastentatively 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-vay). The General Plan designation, existing zoning, and existing land use of the project: site and adjacent properties are as follows: ia,roe • a.,a,► 4.1 M , a -0r 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. INTERDEPARTHM/INTERAGENCY 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.S. 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. 5-q- General Plan Zone Land Use Project Site V (Floodvay- A-1-2 Vacant Floodplain) North Nl (Non -Urban) A-1-2 Single Family Residence East N1 (Non -Urban) A-1-2 Single Family Residence South V (Floodvay- A-1-2 Varmuth Road, Vacant Floodplain) Vest V (Floodvay- A-1-2 Sand Canyon Wash, Single Floodplain) Family Residence ia,roe • a.,a,► 4.1 M , a -0r 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. INTERDEPARTHM/INTERAGENCY 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.S. 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. 5-q- 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. 1) Deny Variance 90403. 2) Adopt the attached Resolution P90-50 E 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. it -s behalf. the Commission further finds and determines as follows: 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. j5t•th Louiss Barathwaite 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 commissions 0 Adiacent 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 Ad Lcent Propertv Owners Within 500' Radius (Continued Radius Map I.ACO Assessor's Owner's Address ID Number ID Number 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 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 AdJacent Property Owners. Within 500' Radius (Continued) Radius Man 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 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