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HomeMy WebLinkAbout1990-12-11 - AGENDA REPORTS - VARIANCE 90-003 SANDCYN RD (2)r-- 0 AGENDA REPORT City Manager Approval Item to be presented by: PUBLIC HEARING Lyn n MM. Harris DATE: December 11, 1990 SUBJECT: Appeal of Variance 90-003, located at 27227 Sand Canyon Road adjacent to Varmuth 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 sewer 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 (401) 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 theToyamasillustrated 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-way. 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;_.-�... E E 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 flow rate 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. ATTACHMENTS Staff Reports GEAs175 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 Varmuth. 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. 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, thepublic hearing. Dated: October 17, 1990 Donna H. Grindey City Clerk Publish Date: October 24th, 1990 0 • PU?LIC HEARING PROCEDUPi 0 E 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 0 E 0 • CITY OF SANTA CLARITA STAFF REPORT Variance 90-003 DATE: October 2,1990 TO: Chairman Brathvaite 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-vay for Sand Canyon Road. BAC&GROUND: 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-vay for -Sand Canyon Road. The home, garage, and septic tank will encroach as much as 32 feet into the future right-of-vay. 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-vay 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 5OZ J5-1 0 0 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. e� 9f► -s; The 1984 Santa Clarita Valley Areavide General Plan designation for the subject property is Floodway/Floodplain (V). 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 Yorks 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: . 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 (Floodway- A-1-2 Sand Canyon Vash, Single Floodplain) Family Residence ENVIROKHTNTAL REVIEV: 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. INTERDEPARTMENT/INTERAGENCY REVIEV: 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 Vorks 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 Vorks Department prior to receiving approval for a private sewagedisposal 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 • is 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: 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 thereferenced 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 Srathwaite, 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: The mapped alignment of the 100' right-of-way 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. 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.