HomeMy WebLinkAbout1990-11-13 - AGENDA REPORTS - APPEAL VARIANCE SANDCYN (2)E
PUBLIC HEARING
AGENDA REPORT
-DATE: November 13, 1990
City Manager Approval
', /&�'
Item to be presented by:
Lynn M. Harris
SUBJECT: Appeal of Variance 90-003, located at 27227 Sand Canyon
Road adjacent to Varmuth Road.
DEPARTMENT: Community Development
BACKGROUND
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 so
Agenda Item:
Due to the nature of the request and its effects on circulation, the Public
Works Department contributed the followingcomment 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
• PUBLIC HEARING PROCEDURE •
1. Mayor Opens Hearing
a. States Purpose of Hearing
2. City Clerk Reports on Hearing Notice
3. Staff Report
(City Manager)
or
(City Attorney)
or
(RP Staff)
4. Proponent Argument (30 minutes)
5. Opponent Argument (30 minutes)
6. Five -minute -Rebuttal (Proponent)
a. Proponent
7. Mayor Closes Public Testimony
8. Discussion by Council
9. Council Decision
10. Mayor Announces Decision
CITY OF SANTA CLARITA
NOTICE OF A'PUBLIC HEARING ON
VARIANCE 90-003 FROM THE YARD'REQUIREMENTS
OF THE ZONING ORDINANCE TO ALLOW FOR THE
CONSTRUCTION OF A SINGLE FAMILY RESIDENCE.
PUBLIC NOTICE IS HEREBY GIVEN:
A Public Hearing will be held before the City Council of the City
of Santa Clarita regarding Variance 90-003 from the .yard
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.
Project location: 27227 Sand Canyon Road adjacent to Warmuth.
The hearing will be held by the City Council in the City Hall
Council Chambers, 23920 Valencia Blvd., lst Floor, Santa Clarita,
the 13th day of November, 1990, at or after 6:30 -p.m.
Proponents, opponents, and any interested persons may appear and be
heard on this matter at that time. Further information may be
obtained by contacting the City Clerk's Office, Santa Clarita City
Hall, 23920 Valencia Blvd., 3rd Floor, Santa Clarita.
If you wish to challenge this order in court, you may be limited to
raising only those issues your or someone else raised at the public
hearing described in this notice, or in written correspondence
delivered to the City Council, at, or prior to, the public hearing.
Dated: October 17, 1990
Donna M. Grindey
City Clerk
Publish Date: October 24th, 1990
DATE:
CITY OF SANTA CLARITA
STAFF REPORT
Variance 90-003
October 2, 1990
TO: Chairman Brathwaite and Members of the Planning
Commission
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.
13{W;{H7i RTO
The Planning Commission. denied Plot Plan 90-046 on May 1, 1990. The
applicant vasL appealing the.Director's decision of -'.denial. .The: applicant'
appealed.the Commissions decision to the City Council.: The -City :Council.
n
directed the City Attorney to study the above issue.. The City, Attorney'.
informed. the:.0ouncil 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 applicants 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. Water and utility service - is available to the
site.
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
GENERAL PLAN CONSISTENCY:
The 1984 Santa Clarita Valley Areavide General -Plan designation for the
subject property. is Floodway/Floodplain (W). 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 Yorks 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 Use
Project.Site W (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)
West W (Floodway- A-1-2 Sand'Canyon Wash, Single
Floodplain) Family Residence.
ENVIRONMENTAL REVIEW:
An *Initial ' Study• has been prepared. for`the_ project. Theproject. 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;
INTERDEPARTMENT /INTERAGENCY'BEVIEWs
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 Yorks Department prior to receiving approval
for a private sewage disposal system.
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 Areavide General -Plan designation for the
subject property. is Floodway/Floodplain (W). 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 Yorks 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 Use
Project.Site W (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)
West W (Floodway- A-1-2 Sand'Canyon Wash, Single
Floodplain) Family Residence.
ENVIRONMENTAL REVIEW:
An *Initial ' Study• has been prepared. for`the_ project. Theproject. 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;
INTERDEPARTMENT /INTERAGENCY'BEVIEWs
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 Yorks 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
0
LJ
RESOLUTION No. P90-50
V
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 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:
CITY OF SANTA CLARITA
NOTICE OF A PUBLIC HEARING ON
VARIANCE 90-003 FROM THE YARD REQUIREMENTS
OF THE ZONING ORDINANCE TO ALLOW FOR THE
CONSTRUCTION OF A SINGLE FAMILY'RESIDENCE.
PUBLIC NOTICE IS HEREBY GIVEN:
A Public Hearing will be held before the City Council of the City
of Santa Clarita regarding Variance 90-003 from the yard
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.
Project location: 27227 Sand Canyon Road adjacent to Warmuth.
The hearing will be held by the City Council in the City Hall
Council Chambers, 23920 Valencia Blvd., 1st Floor, Santa Clarita,
the 13th day of November, 1990, at or after 6:30 p.m.
Proponents, opponents, and any interested persons may appear and be
heard on this matter at that time. Fdrther information may be
obtained by contacting the City Clerk's Office, Santa Clarita City
Hall, 23920 Valencia Blvd., 3rd Floor, Santa Clarita.
If you wish to challenge this order in court, you may be limited to
raising only those issues your or someone else raised at the public
hearing described in this notice, or in written correspondence
delivered to the City Council, at, or prior to, the public hearing.
Dated: October 17, 1990
Donna H. Grindey
City Clerk
Publish Date: October 24th, 1990
i i
PUBLIC HEARING PROCEDURE
1.
Mayor Opens Hearing
a. States Purpose of Hearing
2.
City Clerk Reports on Hearing Notice
3.
Staff Report
(City Manager)
or
(City Attorney)
or
(RP Staff)
4.
Proponent,Argument (30 minutes)
5.
Opponent Argument (30 minutes)
6.
Five-minute Rebuttal (Proponent)
a. Proponent
7.
Mayor Closes Public Testimony
8.
Discussion by Council
9.
Council Decision
10. Mayor Announces Decision
Ad.iacent 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
n
Adjacent Property Owners Within 500' Radius (Continued)
Radius Map LACO 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_jContinued
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
Frazie,r 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