HomeMy WebLinkAbout1991-02-12 - RESOLUTIONS - VAR 90-003 DENIED (2)RESOLUTION NO. 91-32
A RESOLUTION OF THE CITY COUNCIL
THE CITY OF SANTA CLARITA DENYING
VARIANCE NO. 90-003
THE CITY COUNCIL OF THE CITY OF SANTA CLARITA DOES HEREBY RESOLVE AS
FOLLOWS:
SECTION 1. The City Council 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 Nr. 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. At that meeting,
the Planning Commission adopted Resolution P90-50 denying the
variance. The applicant subsequently appealed the Commission's
decision to the City Council.
d. The -City Council held a duly noticed public hearing to consider the
appeal of the Planning Commission's decision on the variance
application on November 13, 1990, at the City Council Chambers, 23920
Valencia Boulevard, Santa Clarita, California, at 6:30 p.m. At that
meeting, the Council required staff and the applicant to provide
information regarding sewage disposal and floodway areas, and
continued the item to the regularly scheduled meeting on December 11,
1990, at the City Council Chambers, 23920 Valencia Boulevard, Santa
Clarita, at 6:30 p.m.
e. The City Council held a duly noticed public hearing to consider the
appeal of the Planning Commission's decision on the variance
application on December 11, 1990, at the City Council Chambers, 23920
Valencia Boulevard, Santa Clarita, California, at 6:30 p.m. At that
meeting the Council, to allow staff additional time to review the
required information, continued the item to the regularly scheduled
meeting on January 8, 1991, at the City Council Chambers, 23920
Valencia Boulevard, Santa Clarita, at 6:30 p.m.
f. The City Council held a duly noticed public hearing to consider the
appeal of the Planning Commission's decision on the variance
application on January 8, 1991, at the City Council Chambers, 23920
Valencia Boulevard, Santa Clarita, California, at 6:30 p.m.
Reso 91-32
SECTION 2. Based upon the testimony and other evidence received at
the public hearing, and upon the study and investigation made by the City
Council and on its behalf, the City Council 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 City Council is unable to find that there is
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 City Council 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 22.24.110 of the City of Santa Clarita Municipal Code, Los
Angeles County Code, as adopted, requires that: "Premises in Zone
A-1 shall be subject to the following yard requirements: Front Yards,
not less than 20 feet in depth; Side Yards, not less than five feet
in depth; Rear Yards, not less than 15 feet in depth."
SECTION 3. Based upon the testimony and other evidence received at
the public hearing, and upon the study and investigation made by the City
Council and on its behalf, the City Council further finds and determines
da follows:
a. 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
b. That such adjustment will be materially detrimental to the public
health, safety or general welfare, or to the use, enjoyment or
valuation of property of other persons located in the vicinity; and
c. 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 City Council finds that the applicant has not
met 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 (b) of this Section 3 above.
SECTION 4. The City Council has reviewed and considered the
environmental information contained in the Initial Study, and determines
that it is in compliance with the California Environmental Quality Act.
SECTION 5. Based upon the foregoing findings and determinations, the
City Council hereby denies Variance 90-003.
Reso 91-32
SECTION 6. The City Clerk shall certify to the adoption of this
resolution, and shall transmit a copy to the following: the applicant;
the Departments of Public Yorks, Fire, and Parks and Recreation; the City
Engineer; and shall give notice of this recommendation in the manner
prescribed by Section 22.60.190 of the City's Planning and Zoning Code.
PASSED, APPROVED, AND ADOPTED THIS 12TH DAY OF FEBRUARY 1991.
iCarl Boyer, MAYO
I Hereby Certify that the foregoing Resolution was duly adopted by
the City Council of the City of Santa Clarita at a regular meeting
thereof held on the 12th day of February, 1991 by the following vote of
the Council.
AYES: COUNCIL MEMBERS Darcy, Heidt, Klajic, McKeon, Boyer
NOES: COUNCIL MEMBERS None
ABSENT: COUNCIL MEMBERS None
CITY CLEW
GEA:159