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HomeMy WebLinkAbout1991-04-09 - AGENDA REPORTS - STREET WIDENING ORD 91 20 (2)AGENDA REPORT City Manager I Item to be presented PUBLIC HEARING DATE: April 9, 1991 SUBJECT: A draft ordinance that will authorize the City to require, where necessary, dedication and improvements for street widening when certain types of new construction are proposed and for all projects in the R-1 and R-2 Residential zones. 'Ordinance Number: 91-20 DEPARTMENT: Community Development BACKGROUND On March 5, 1991, the Planning Commission adopted Resolution No. P91-11 recommending approval to the City Council of the above item. On individual lots; the City does.not always have the ability to require dedications and improvements for street widening. This is most common in the R-1 Single Family Residential Zone. The code presently provides a list of ten exceptions to requirements for street widening. The draft ordinance proposes to reduce the number of exceptions to three. Other than in subdivisions, all construction in the R-1 and R-2 zone is presently excepted from street dedication requirements. Other exceptions are public utility -related types of development, agricultural uses, temporary uses, and other similar uses determined by the Director of Community Development. In the draft ordinance, only the latter three exceptions would remain. Pending public testimony, introduce the ordinance and pass to second reading. ATTACHMENTS Ordinance No. 91-20 Planning Commission Resolution No. P91-11 Planning Commission Staff Reports dated March 5, and February 19, 1991 MAR: 317 Agenda Item,—S. CITY OF SANTA CLARITA NOTICE OF PUBLIC HEARING REGARDING PROPOSED ORDINANCE NO. 91-20 AMENDING THE SANTA CLARITA MUNICIPAL CODE TO AUTHORIZE THE REQUIREMENT OF STREET DEDICATIONS AND IMPROVEMENTS IN THE R-1 AND R-2 ZONES AND FOR CERTAIN TYPES OF DEVELOPMENT WHEN NEW CONSTRUCTION IS PROPOSED 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 authorize the requirement of street dedication and improvement in the R-1 and R-2 zones, and for certain types of development when new construction is proposed. The hearing will be held by the City Council in the City Hall Council Chambers, 23920 Valencia Blvd., 1st floor, Santa Clarita, the 9th day of April, 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: March 15, 1991 Donna M. Grindey City Clerk Publish Date: March 20, 1991 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 1 ORDINANCE NO. 91-20 • AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA CLARITA, CALIFORNIA, SUPERSEDING AND AMENDING A PORTION OF TITLE 22 (THE PLANNING AND ZONING CODE) ADOPTED BY REFERENCE PERTAINING TO ROAD DEDICATION AND IMPROVEMENT REQUIREMENTS THE CITY COUNCIL OF THE CITY OF SANTA CLARITA DOES ORDAIN AS FOLLOGS: SECTION 1: The City of Santa Clarita's Municipal Code, Section 22.48.220 of Chapter 22.48 is hereby superseded and amended to read as follows: of this by law. 1991. ATTEST: 022.48.220. Ezceptions.to Part 4 Applicability. This Part 4 does not apply to the following buildings or structures which, if they comply with all other provisions of this Title 22, may be issued without complying with any provision of this Part 4: a. Accessory agricultural buildings where used primarily for agricultural purposes, including but .not limited to: barns, silos, chicken houses, rabbit hutches and roadside stands. b. Temporary carnivals and revival meetings. C. Other similar uses which, in the opinion of the Director of Community Development, will not generate a greater volume of traffic than the uses enumerated in this section." SECTION 2. The City Clerk shall certify to the adoption ordinance and cause it to be published in the manner prescribed PASSED AND APPROVED THIS [04MW4K614 1" Page 1 of 2 DAY OF , MAYOR ►.J ORDINANCE NO. 91-20 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. 91- was regularly introduced and placed upon its first reading at a regular meeting of the City Council on the day of , 1991. That thereafter, said Ordinance was duly adopted and passed at a regular meeting of the City Council on the day of 1991,by the following vote, to wit: AYES:' NOES: ABSENT: Page 2 of 2 HARMS CITY CLERK CITY OF SANTA CLARITA I N T E R O F F I C E M E M O R A N D U M DATE: March 5, 1991 TO: Chairman Brathwaite and Members of the Planning Commission/ FROM: Lynn M. Harris, Director of Community Development SUBJECT: Code Amendment No. 91-003: Proposed amendments to existing requirements for street dedications and improvements This item was continued from the regularly scheduled meeting of February 19, 1991, to tonight's meeting, due to public hearing time constraints. The staff report from the previous February 19th meeting is attached. MAR: 306 Agenda Item: CITY OF SANTA CLARITA STAFF REPORT Code Amendment No. 91-003 DATE: February 19, 1991 TO: Chairman Brathwaite and Members of the Planning Commission FROM: Lynn M. Harris, Director of Community Development CASE PLANNER: Michael Rubin, Associate Planner APPLICANT: City of Santa Clarita LOCATION: Citywide REQUEST: A draft ordinance that will authorize the City to require, where necessary, dedication and improvements for street widening when certain types of new construction are proposed and for all projects in the R-1 and R-2 Residential zones. BACKGROUND: Presently, the City does not have the authority to require dedication and improvements for street widening purposes for certain projects and in the R-1 and R-2 zones, where a discretionary approval is not required. If a subdivision or other discretionary action is proposed, then the customary conditions of approval allow the City to obtain the improvements of streets, curbs, gutters, and sidewalks. The primary need for this ordinance arises when a property owner seeks a building permit for an individual single family residence. If the street should be widened, or the need for other related improvements are apparent, it can only be requested, not required by the City that the property owner make these improvements. The draft ordinance would give the City the opportunity to make such improvements a requirement of a building permit where needed. PROJECT DESCRIPTION: Section 22.48.220 of the Zoning Ordinance provides a list of the types of buildings, structures, and land uses that are exempt from road dedication and improvement requirements. The draft ordinance would delete most of the items from this list of exceptions. (Please refer to Attachment 1 of the staff report.) Since R-1 uses are permitted in the R-2 zone, the R-1 zone would benefit from this ordinance as well. ENVIRONMENTAL REVIEW: In accordance with the California Environmental Quality Act, this request is categorically exempt under Section 15303 (New Construction or Conversion of Small Structures) of the State CEQA Guidelines, and requires no further environmental review. CA -91-003 February 19, 1991 page 2 INTERDEPARTMENT/INTERAGENCY REVIEY: This ordinance was prepared with the consultation of the Public Works Department, the Division of Building and Safety, and the City Attorney's Office. ANALYSIS: The adoption of this ordinance would provide the opportunity to require street improvements that may not overwise be made. In particular, it would enable streets to be improved to consistent widths. In some neighborhoods in the City, inconsistent street widths exist within the same block because street widening could not be required. This is undesirable and is known to cause sight distance and other safety problems; future occurrences could be eliminated by the adoption of this ordinance. RECOMMENDATION 1. Recommend approval of the attached draft ordinance to the City Council. 2. Adopt the attached resolution. MAR:284 Sec. 48.220 — 48.235 CHAPTER 22.48 269 PART 4 - CHAPTER 22.48 ROAD DEDICATION AND IMPROVEMENT REQUIREMENTS SECTIONS: 22.48.220 Exceptions to Part 4 applicability. 22.48.230 Highway dedication and improvement near structures. 22.48.235 Mayor bridge and thoroughfare fees. 22.48.240 Dedication standards. 22.48.250 Improvements. 22.48.260 Agreement to dedicate. 22.48.270 Agreement to improve — Contents — Completion of work by County authorized when — Costs. 22.48.280 Exemptions — Existing buildings and structures. 22.48.290 Modifications authorized when. 22.48.300 Variances from standards. 22.48.220. EXCEPTIONS TO PART 4 APPLICABILITY. This Part 4 does not apply to the following buildings or structures which, if they comply with all other provisions of this Title 22, may be used without complying with any provision of this Part 4: — Accessory agricultural buildings where used primarily for agricultural purposes, including but not limited to: barns, silos, chicken houses, rabbit hutches and roadside stands. EXCEPTIONS PROPOSED OR Wella. TO BE DELETED `'"` n mid — Temporary carnivals and revival meetings. D%r.674 Coca. deV. — Other similar uses which, in the opinion of the/�ffeer, will not generate a greater volume of traffic than the uses enumerated in this section. (Ord. 1494 Ch. 4 Art. 4 § 491, 1927.) 22.48.230. ROAD DEDICATION AND IMPROVEMENT NEAR STRUCTURES. Except as otherwise provided in Sections 22.48.220 and 22.48.280, a building or structure shall not be used on any lot or parcel of land any portion of which abuts upon an alley, street, or highway, unless the one- half of the alley street, or highway which is located on the same side of the centerline as such lot or parcel of land has been dedicated and im- proved as provided in this Part 4. (Ord. R5-0168, Sec. 83, Ord. 1494 Ch. 4 Art. 4 § 492, 1927.) 22.48.235. MAJOR BRIDGE AND THOROUGHFARE FEES. Except as otherwise provided in Section 22.48.280, a building or structure shall not be used on any lot or parcel of land, any portion of which is located within a Bridge or Major Thoroughfare District established pursuant to Section 21.32.200, unless the required district fee has been paid as a condition of issuing a building permit. (Ord. 85-0168, Sec. 33) ATTACHMENT 1 RESOLUTION NO. P91-11 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF SANTA CLARITA RECOMMENDING APPROVAL OF CODE AMENDMENTS RELATING TO STREET DEDICATIONS IN THE R-1 AND R-2 ZONES THE PLANNING COMMISSION OF THE CITY OF SANTA CLARITA DOES HEREBY RESOLVE AS FOLLOWS: SECTION 1. The Planning Commission does hereby find and determine that a duly noticed public hearing was held by the Planning Commission on February 19, 1991 in the City Council Chambers, 23920 Valencia Boulevard, Santa Clarita, at 7:00 p.m. The item was continued to March 5, 1991. SECTION 2. Based upon the testimony and other evidence received at the public hearing, and upon studies and investigation made by the Planning Commission and on its behalf, the Commission further finds and determines as follows: a. 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 code amendment will be consistent with the general plan proposal currently being considered or studied, that there is little or no probability of substantial detriment to or interference with the future adopted general plan if the proposed resolution is ultimately inconsistent with that plan, and that the proposed project complies with all other applicable requirements of state law and local ordinances. b. Amending the code relating to the need for street dedications in the R-1 and R-2 zones and other uses is necessary for the protection of the public health, safety, welfare and environment. SECTION 3. The City of Santa Clarita Planning Commission has determined that in accordance with the California Environmental Quality Act, this request is categorically exempt under Section 15303 (new construction or conversion of small structures) of the State CEQA Guidelines, and requires no further environmental review. SECTION 4. Based on the foregoing, the Planning Commission hereby recommends approval to the City Council of the code to be amended to read as shown in the attached Exhibit 1. SECTION 5. The Secretary shall certify the adoption of this Resolution. RESO P91-11 PASSED, APPROVED, AND ADOPTED this 5th day of March, 1991. Louis Brathwai e, 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 5th day of March, 1991, by the following vote of the Commission: AYES: Commissioners: Cherrington, Modugno, Garasi, Woodrow, and Chairman Brathwaite. NOES: Commissioners: None ABSENT Commissioners: None L M. Harris', Director C 2munity Development MAR:lkl ID:283 RESO P91-11 -2-