HomeMy WebLinkAbout1991-05-14 - AGENDA REPORTS - ORD 91 23 REVIEW PROCEDURE (2)AGENDA REPORT
City Manager Approvallo&,,r,-�
Item to be present ey: p
PUBLIC HEARING Lynn M. Harris�J�
Date: May 14, 1991
SUBJECT: Proposed Ordinance No. 91-23 amending the Santa Clarita
Municipal Code to establish a review procedure by the Planning
Commission for proposed buildings exceeding a height of three
stories or 35 feet
DEPARTMENT: Community Development
BACKGROUND:
On April 16, 1991, the Planning Commission recommended that the City Council
adopt Ordinance No. 91-23. This ordinance was drafted in response to City
Council's' direction to the Planning Commission for a review of the current
height standards in the C-3, C -M, M-1 and the M-1.5 zones.
Currently, building height is limited by the Planning and Zoning Code through
maximum floor area, whereby the total floor area in all the buildings on any
applicable parcel of land. shall not exceed 13 times the buildable area of such
parcel. This almost unlimited building height regulation under the current
City code may allow for building heights out of context with existing or
anticipated structures.
The draft ordinance does not set a new limit for building height, rather it
provides a review procedure under a Conditional Use Permit by the Planning
Commission for buildings which exceed a height of three stories or 35 feet in
the commercial and industrial zones described.
Section five of the draft ordinance defines what projects would be vested
(i.e. could proceed without being affected by the ordinance). There is one
proposed building which has received. approval from the City under Plot Plan
No. 87-154 and is currently in plan check in the City's Building and Safety
Division. (See attached letter from Alan Barbakow.) Mr. Barbakow is in
support of the proposed ordinance, but suggests that a height of four stories
or 45 feet would be more appropriate. Two projects in Community Development
would need to add a Conditional Use Permit application to continue processing
(four-story Borax, six -story office building). Processing times would not
change, and these applicants have been given notice of the pending ordinance.
Pending public testimony, introduce Ordinance No. 91-23, waive furthei reading
and pass to second reading.
ATTACHMENTS
Alan Z. BarbakoBamako No Request for Exemption
Draft Ordinance No. 91-23
April 16, 1991 Planning Commission Staff Report Agendaltem:
BCA:dls:55 -Pao""/ ,.,n7 oln�_��'PiQdl/rJ
PUBLIC NEARING PROCEDURE
1. Mayor Opens Nearing
a. States Purpose of Hearing
2. City Clerk Reports or Hearing Notice
3. Staff Report .
(City Manager)
or
(City Attorney)
or
(RP Staff)
4. Proponent Argument
5. Opponent Argument
6. Three-minute Rebuttal
a. Proponent'
7. Mayor Closes Public Testimony
8. Discussion by Council
9. Council Decision
10. Mayor Announces Decision
CITY OF SANTA CLARITA
NOTICE OF PUBLIC HEARING
REGARDING PROPOSED ORDINANCE NO. 91-23
AMENDING.THE SANTA CLARITA MUNICIPAL CODE
TO ESTABLISH A CONDITIONAL USE PERMIT REVIEW
FOR PROPOSED BUILDINGS EXCEEDING A HEIGHT OF
THREE STORIES OR 35 FEET
IN CERTAIN COMMERCIAL AND INDUSTRIAL ZONES
PUBLIC NOTICE IS HEREBY GIVEN :
A Public Hearing will be held before the City Council of the City of Santa
Clarita to consider a proposed ordinance to amend Title 22 of the Planning and
Zoning Code to modify review procedures for the C-3 (Unlimited Commercial)
Zone, C -M (Commercial Manufacturing) Zone, M-1 (Light Manufacturing Zane, and
the M-1.5 (Restricted Heavy Manufacturing) Zone. The Amendment would
establish a Conditional Use Permit procedure for reviewing proposed structures
that exceed a height of three stories or 35 feet.
The hearing will be..held by the City Council in the City Hall Council
Chambers, 23920 Valencia Blvd., 1st floor, Santa Clarita, the Adh-h day of May,
1991, 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 you or someone else raised at the public hearing described
in this notice, or in written correspondence delivered to the Planning
Commission or the City Council, at or prior to, the public hearing.
Dated April 22, 1991
Donna M. Grindey
City Clerk
Publish Date: April 1 1991
ORDINANCE NO. 91-23
AN ORDINANCE OF THE CITY COUNCIL OF THE
CITY OF SANTA CLARITA, CALIFORNIA,
AMENDING SECTIONS 22.28.210, 22.28.260,
22.32.070 AND 22.32.130 OF TITLE 22 OF
THE LOS ANGELES COUNTY CODE, ADOPTED BY
REFERENCE AS THE SANTA CLARITA MUNICIPAL
CODE, RELATING TO THE USES SUBJECT TO
PERMITS IN THE C-3, C -M, M-1 AND M-1-1/2
ZONES IN THE CITY OF SANTA OF SANTA
CLARITA
THE CITY COUNCIL OF THE CITY OF SANTA CLARITA,
CALIFORNIA, DOES ORDAIN AS FOLLOWS:
SECTION 1. The Los Angeles County Planning and
Zoning Code, adopted by reference as the Santa Clarita
Planning -and Zoning Code, is amended at section 22.28.210A,
Uses Subject To Permits, to add the following use in the
appropriate alphabetical order:
Buildings or Structures that exceed a height
of three stories or 35 feet above grade,
excluding signs which are permitted by Part 10
of Chapter 22.52, chimneys and rooftop
antennas.
SECTION 2. The Los Angeles County Planning and
Zoning Code, adopted by reference as the Santa Clarita
Planning and Zoning Code, is hereby amended at subsection
22.28.260A, Uses Subject to Permits, to add the following
use in the appropriate alphabetical order:
Buildings or Structures that exceed a height
of three stories or 35 feet above grade,
excluding signs which are permitted by Part 10
of Chapter 22.52, chimneys and rooftop
antennas.
SECTION 3 The Los Angeles County Planning.and
Zoning Code, adopted by reference as the Santa Clarita
Planning and Zoning Code, is hereby amended at subsection
22.32.070A, Uses Subject To Permits, to add the following
use in the appropriate alphabetical order:
Buildings or Structures that exceed a height
of three stories or 35 feet above grade,
excluding signs which are permitted by Part 10
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of Chapter 22.52, chimneys and rooftop
antennas.
SECTION 4. The Los Angeles County Planning and
Zoning Code, adopted by reference as the -Santa Clarita
Planning and Zoning Code, isherebyamended at subsection
22.32.130A, Uses Subject To Permits, to add the following
use in the appropriate alphabetical order:
Buildings or Structures that exceed a height
of three stories or 35 feet above grade,
excluding signs which are permitted by Part 10
of Chapter 22.52, chimneys and rooftop
antennas.
SECTION 5. The provisions of sections 1 through 4,
inclusive, of this Ordinance shall apply to all proposed
development projects in the applicable zones upon the
effective date of this Ordinance; provided, however, this
Ordinance shall not affect any vested right to proceed with
a development project. For the purposes of this Ordinance a
"vested right" to proceed with a project occurs only when
the project proponent has lawfully acquired all necessary
governmental permits, performed substantial work on the
project, and incurred substantial costs on the project, all
in good faith reliance upon the valid permits. For the
purposes of this ordinance, determinations as to the
occurrence of a vested right to proceed shall be made by the
Planning Commission, in a public meeting, following an
administrative hearing. The decision of the Planning
Commission may be appealed to the City Council, as set forth
in the Santa Clarita Municipal Code at Section 2.04.100 et.
seg.
SECTION 6. The City of Santa Clarita is
proceeding in a timely fashion with the preparation of a
general plan. There is a reasonable probability that this
ordinance will be consistent with the general plan proposal
currently being considered or studied. There is little or
no probability of substantial detriment to or interference
with the future adopted general plan if this ordinance is
ultimately inconsistent with the general plan. This action
complies with all other applicable requirements of state law
and local ordinances.
SECTION 7. Severability. If any section,
subsection, subdivision, sentence, clause, phrase, or
portion of this ordinance is for any reason held to be
invalid or unconstitutional by the decision of any court of
competent jurisdiction, such decision shall not affect the
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validity of the remaining portions of this Ordinance. The
City Council hereby declares that it would have adopted this
Ordinance, and each section, subsection, subdivision,
sentence, clause, phrase, or portion thereof, irrespective
of the fact that any one or more, sections, subsections,
subdivisions, sentences, clauses, phrases or portions
thereof be declared invalid or unconstitutional.
SECTION 8. The City Clerk shall certify to the
passage of this ordinance and shall cause the same to be
published as required by law.
19
PASSED AND APPROVED this day of
MAYOR
ATTEST:
CITY CLERK
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STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES ) ss.
CITY OF SANTA CLARITA )
I, , City Clerk of the.City of
Santa Clarita, do hereby certify that the foregoing
Ordinance No. was regularly introduced and placed
upon its first reading at a regular meeting of the City
Council on the day of , 19_. That
thereafter, said Ordinance was duly adopted and passed at a
regular meeting of the City Council on the day of
, 19_, by the following vote, to wit:
AYES: COUNCILMEMBERS:
NOES: COUNCILMEMBERS:
ABSENT: COUNCILMEMBERS:
CITY CLERK
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9
April 24, 1991
Alan Z. Baibakow, D.D.S.
A Professional Corporation
Orthodontia for Children, Adolescents & Adults
Dear Mayor, City Council, and Concerned Citizens for Planning in
the City of Santa Clarita.
This letter is being written to show conceptual support of or-
dinance 491-23. A thorough planning of all growth in the City of
Santa Clarita, .to insure a balance between environmental impact
and support of. necessary infra -structure, is surely appropriate
and necessary. And larger projects, whose impact is potentially
greater, should require additional study. Therefore, I submit
that it would beappropriatethat a four (4) story, forty five
(451) rather than a three (3) story, thirty-five (351) height
minimum, which is currently being proposed, be required to cause
a project to be involved in this new ordinance.. The currently
proposed minimum reflects a height that is conforming to existing
structures along the high density corridors.
I.am a managing partner of project 87-154. We have spent the
last two and one-half years in planning with the City of Santa
Clarita. With the support of city staff and administration,
together we have planned a project that reflects the highest
-quality of development. We have designed a totally conforming,
structurally sound, esthetically spectacular, and highly tech-
nological, three story professional building. We are providing
more parking than any other building in the City of Santa
Clarita; we are totally providing valet parking for guest use;
and we have provided extensive open space in our court yard to
allow the building to be user friendly. Currently, we are
evaluating our options regarding creating community art, in the
form of a sculpture, in the foreground of our building.
At present, we have final approval of working drawings and hold a
parking permit. We have twice received approval from Newhall
Land and Farming's architectural review committee. We have com-
pleted the entire American Institute of Architects bidding
process. We are currently awarding the contract for construc-
tion. We have signed leases from proposed tenants. We just com-
pleted a._mass marketing mailer, which is included. We will
initiate construction as soon as financing is obtained.
Based on continual communication with the city staff, we have
been informed that we are the only project where the property
owners have achieved this total level of approval,and;:conse-
quently, should be singled out from the ordinance.
(818) 367-2189 9 23107 LYONS AVENUE • NEWHALL, CA 91321 • , (805) 259-5959
Alan Z. Baibakow, D.D.S.
A Professional Corporation
orthodontics for Children. Adolescents & Adults
Additionally, the partnership has spent approximately $200,000 in
plansand permits, has an issued parking permit, has an architec-
tual committee approval, has leaseses, and has construction con-
tracts. All of these have time limitation. Under the cir-
cumstances present, it is respectfully submitted that project
87-154 be accorded a vested right status for exemption from the
proposed ordinance.
Based on the fact we are merely an infill between two existing
buildings that are of the same size or,greater and conforming in
every way, on a street designed for the proposed type of use, and
that we are consistent with the drafted general plan, we wish to
be exempt from the proposed ordinance. We are well planned and
are -ready to proceed.
Thank you for your support.
Sin e ,�
F i �/�'.
Ala Z.!� rbakow, DDS
(818) 367-2189 • 23107 LYONS AVENUE • NEWHAL1, CA 91321 • (805) 259-5959 t
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CITY OF.SANTA CLARITA
STAFF REPORT
Code Amendment No. 91-05
DATE: April 16, 1991
TO: Chairman Brathwaite and Members of the Planning Commission . .
FROM: Lynn M. Harris, Director of Community Development �f�.t�
CASE PLANNER: Bruce Abbott, Associate Planner -
APPLICANT: City of Santa'Clarita.
REQUEST: The City proposes to amend Title 22 of the Planning and Zoning
Code to modify development standards in the C-3 (Unlimited
Commercial) Zone, C -M (Commercial Manufacturing) Zone, M-1
(Light Manufacturing) Zone, and M-1.5 (Restricted Heavy
Manufacturing)Zone. The amendment would establish a
conditional use procedure for proposed structures that' are
proposed at a height over three stories or 35 feet in height
within certain commercial and industrial zones.
PROJECT DESCRIPTION:
Amend Sections 22.28.210, 22.28.260, 22.32.070, and 22.32.130 of Title 22 of
the Los Angeles County Code, adopted by reference as the -.Santa Clarita
Municipal Code establishing a review of proposed buildings exceeding three
stories, or thirty-five feet under a Conditional Use Permit application within
the following zones:
1) C-3 (Unlimited Commercial Zone);
2) C -M (Commercial Manufacturing Zone);
3) M-1 (Light Manufacturing Zone);
4) M-1.5 (Restricted Heavy Manufacturing Zone)
BACKGROUND:
City Council, at its regular meeting of February 12, 1991, directed the
Planning Commission to review the current development standards in the C-3,
C -M, M-1, and M-1.5 zones, regarding building height regulations. They asked
that. the Planning Commission develop interim height regulations to review the
height of buildings in these zones, thereby preventing the possibility of
buildings being constructed with a height out of context with surrounding
development, prior to the adoption of the City's General Plan and revised
zoning ordinance.
Agenda Item: r
The proposed ordinance is Categorically Exempt per Section 15308 (Actions by
Regulatory Agencies for the Protection of the Environment') of the California
Environmental Quality Act.
ANALYSIS:
The draft ordinance does not set a new height limit, rather .it sets up a
review process for buildings taller than three stories.
Currently, the height limit for .any building in the subject zones is regulated
by the requirements of Planning and Zoning Code Section 22.52.050. This
section of the Code does not specify any maximum building height limit in
vertical feet. The Code does, however, limit building height through maximum
floor area. Section 22.52.050 provides that "the total floor area in all the
buildings on any one parcel of land shall not exceed 13 times the buildable
area of such parcel of land." Section 22.52.050 of the Code defines the
buildable area as the gross parcel area less. the required front, side, and
rear yard setback areas.
Therefore, as the parcel size increases, there is a corresponding increase in
the buildable area of the parcel and the maximum floor area, which may
prescribe a building height based on total floor area up to 13 times the
buildable area of the parcel. For example, if the first floor of a building
were the size of the total buildable area of the site, covering the parcel to
the required setbacks, then the building could be 13 stories high. If the
ground floor covered half the total buildable area, then the building could be
as high as 26 stories, and so on.
This almost unlimited building height regulation under the current City Code
may allow building heights out of context with existing or anticipated
structures. There are many areas of the City where two-story buildings
exist. The addition of another one and two-story building in those areas,
with predominately two-story buildings, would have: minimal impact. The
addition of buildings with more than three stories in these areas may -have an
adverse effect on the welfare of surrounding people, land uses, or structures
through an increase in building height out of context with the existing area.
Under the proposed ordinance, proposed buildings more than three stories or 35
feet in height would be reviewed as a Conditional Use Permit application.
Staff is aware of concern in the development community that a Conditional Use
Permit requirement on three or more stories is overly restrictive. Based on
testimony received, the Planning Commission may -wish to consider raising the
level of height to four or more stories for review- when a Conditional Use
Permit is required.
Being able to review plans for proposed buildings in excess of three stories,
or 35 feet, would be beneficial. Under a Conditional Use Permit, the City
would be able to review proposed buildings which may have an adverse effect on
the subject area, or its inhabitants, on a case-by-case basis.
The attached draft ordinance provides for this type of review. The ordinance
provides for the review of projects in the C-3, C -M, M-1, and M-1.5 zones with
proposed structures four or more stories in height, individually, based on
their own merit, under a Conditional Use.Permit application.
The provisions of the ordinance shall apply to all proposed development
projects in the applicable zones with the exception that the ordinance would
not affect any approved projects, including approved vesting maps, and
development agreements. Two projects which are not approved and currently
under review within the Community Development Department could be affected by
an interim height regulation:
PP 90-072 MC 90-136 six -story office - Valencia Corp. Partners
PP91-014 MC 91-027 four-story office - Borax
The proposed ordinance is consistent with the intent of the City's draft
General Plan Community. Design Element Goal 1: To protect and preserve the
scale and character of existing neighborhoods while providing for new
development which is consistent with the goals and policies of the General
Plan. The proposed ordinance is also consistent with the Community ,Design
Element Policy 1.3: Consider all design elements, including building size,
height, mass, and architectural design, in the design review process so that
new development does not conflict with the character of the neighborhoods.
The proposed ordinance should not incur any adverse impacts to the health and
welfare of the residents of the City of Santa Clarita.
The Planning Commission should review the proposed ordinance and receive all
public testimony through a public hearing, and recommend that the City Council
adopt Ordinance Number 91-23.
BCA:dls:43
RECEIVED
MAY p 9 1991
CITY COUNCIL
CITY Of SANTA CLARITA
WRITER'S DIRECT DIAL NUMBER
(805) 255-4053
Ir7P1ES TO CITY COUNCIL,
CITY MANAGER, C1T_Y:!'.LriY
{ ,b
Date
May 9, 1991
The Honorable Carl Boyer
Mayor of Santa Clarita
23920 Valencia Blvd., #300
Santa Clarita, CA 91355
COMPANY
Port Office Box 35000
Valencia, Califomia 91383
(803) 233-4000
SUBJECT: PROPOSED ORDINANCE NO. 91-23 AMENDING THE
SANTA CLARITA MUNICIPAL CODE .TO ESTABLISH A
REVIEW FOR PROPOSED BUILDINGS EXCEEDING A
HEIGHT OF THREE STORIES OR 35 FEET IN CERTAIN
COMMERCIAL AND INDUSTRIAL ZONES.
Dear Mayor Boyer:
We would like to make the following comments on the above referenced
draft ordinance. We hope that these may prove helpful in assisting staff
and the City Council in finalizing the ordinance draft.
After considering the proposed ordinance, we have concluded that the
three-story, 35 foot threshold for a conditional use permit is overly
restrictive. It is not possible to construct a three-story, first class office
building.within 35 feet. The three-story Valencia National Bank Building
where City offices are located is 46'6" high from parapet to finish grade
based upon the height definition in the Los Angeles County Planning and
Zoning Code Chapter 22.08.080. (Please see attached Exhibit A.)
Without including the parapet, the building height is approximately 43
feet (an approximate height is given since the roof height varies to allow
drainage). The City Council could elect to not include parapets in the
City's definition of. building height by including language to this effect in
the ordinance.
We concur with Dr. Barbakow that a height of four stories would-be.
more flexible and less restrictive. A typical four-story first class office
building can be built within a minimum 52'6" height limit not including
parapets (typical story height 13'0"). We recommend adopting a revised
23823 Valencia Boulevard, Valencia, California 91355
The Honorable Carl Boyer
May 9, 1991
Page 2
threshold standard of four stories or 52'6" in height not including
parapets, or 56 feet in height if parapets are to be included.
In our opinion, the three story threshold for a C.U.P. will result in
hardship to building owners, as well as tenants. The C.U.P. procedure
requires additional time and expense and adds further unpredictability to
the building process. This is not consistent with Santa Clarita's
objectives of a favorable economic climate and a jobs/housing balance.
In order to achieve. sufficient yield and avoid the C.U.P. process,
buildings will tend to have larger footprints (greater site coverage),
allowing less room for parking and landscaping. An additional unantici-
pated result will be added project construction costs since lower, bulky
buildings are less efficient requiring more foundation, parapet, and roof
area. Additional external building surface area will also result in reduced
energy efficiency.
We have expressed our concerns to Lynn Harris regarding Section 5 of
the Planning Commission approved draft. The two level Valencia Town
Center Regional Shopping Center exceeds 35 feet height limit. It is our
understanding, after our conversation of May 3 with Lynn Harris, that
this project is vested and therefore not subject to the provisions of
Ordinance 91-23. The ordinance should be clarified to state that
previously approved vesting maps are exempt.
Thank you for your consideration of our thoughts and comments.
Respectfully -yo
Jeffrey David Rhoads, A.I.A.
Company Architect
JDR:jw
Attachment: Exhibit A
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